This study aimed to identify the extent of the constitutionality of proving the crime of graft regarding transferring the burden of proof to the accused and its violation of the presumption of innocence. The presumption of innocence, unlike the Kuwaiti legislator, who did not shift the burden of proof in the crimes of illegitimate gain, and that the proof of the crimes of illegitimate gain according to the Palestinian and Jordanian legislators are linked to two forms: actual exploitation and judgmental or presumed exploitation, while the Kuwaiti legislator has limited proof of illegitimate gain crimes in the form of The study recommended a set of recommendations for an amendment to the text of Article 3 of Decree Law No. 37 of 2018 regarding the amendment of Anti-Corruption Law No. 1 of 2005 that the burden of proof in graft crimes is entrusted to the authority of accusation in accordance with the rules the public.
Hardly a day passes without hearing the news of a person’s suicide here or there, as if life no longer has value for a person, and this fact is what prompted the World Health Organization to sound the alarm, after it found that suicide had become widespread in the world and published its report Under the title (Suicide Prevention - A Global Necessity), and announced the need to take care of mental Health as part of public health, because what psychological human crises are exposed to may lead to suicide.
A quick look at the position of the various legislations on suicide, we find there is a great difference, some legislations recognize the human right to death, while other legislation punishes the
... Show MoreThe study of civil liability is one of the most important issues of interest in all jurisprudential, judicial and legislative direction, because of the problems and difficulties it requires. the solution requires a focused effort that sets its source, basis, scope, and control with extreme care and accuracy to achieve the right and enable the injured party to obtain fair compensation both with scope of the contractual or tort liability.
In fact, the contract of the maritime agency is what is called the comparative jurisprudence (the contract of the ship's agency) connecting between the terminals of the maritime carrier on the on hand and the maritime agent on the other hand. It is the source of responsibility of each party to the
... Show MoreThe importance of this topic is reflected in the need to know the legal provisions for the offenses of insult and slander within the scope of information technology, which have a great impact on people, and have been used to undermine human honor and dignity, especially that it is one of the new crimes, which has not been studied extensively by researchers, and many have tried Some countries develop their legislative systems by introducing punitive and procedural texts and legislation that are compatible with the phenomenon of modern technical crime And we decided to research the pillars of these crimes and to clarify their general provisions through exposure to the public and private pillars that prove criminal responsibility, and
... Show MoreThe study aimed to shed light on the provisions of the lease of the common money as a whole or the common share, these provisions still raise problems when applied, and the fact is that the lease contract concluded by all or one of the partners with others is based on the exchange of a clear benefit, which is the exploitation of the real estate that is a circle between these partners Considering that they are one person in the eyes of the law and he is the landlord or by one of their partners, the researcher compared the texts of the articles of the Journal of Justice Rulings - from which most of the rulings were derived because they are applied in Palestine - with the texts of the Egyptian Civil Code No. 131 of 1948; This is to make a b
... Show MoreThe subject of "The minimum employee's salary in the Iraqi Legislation" is a significant and practical importance for discussing the minimum range for salary as one of the important guarantees that approved by legislator in the civil law service and related laws based on the relied criteria and concepts that participate to decide that point. All that shall fit with general economical status and considering its development by routine viewing and increasing it based on the employee's status and his general position. This research will state the position of Iraqi legislator of reporting and adjusting the minimum range of employee's salary and comparing it with the status of Egyptian and Lebanese legislators. &nb
... Show MoreTaxes are the most important public revenues, especially in the context of state intervention and the transformation of the tax from a mere financial tool only into an economic and social guidance tool. Therefore, all countries are keen to preserve this revenue by creating a clear legal system on tax assignment and collection mechanisms, and controlling cases of tax evasion.
The tax administration applies several methods to determine the tax base, which differ from one tax to another, and from one tax system to another. The most important of these methods are the tax returns declared by the taxpayers , one of these methods also is to determine the tax base directly by the tax
... Show MoreThe majority of constitutions stipulate and regulate public rights and freedoms in them, including the right to strike as one of the means of expressing an opinion, which public officials or workers resort to in the labor law in order to improve their working conditions and achieve legitimate professional demands while continuing the work of the public facility, However, his capacity as a public servant imposes some restrictions on him in his exercise of political freedoms, including the right to strike because it intersects with the principle of the continuation of the regular and steady functioning of public utilities, which governs the work of public utilities in satisfying the public needs of individuals. The Iraqi legislator permitt
... Show MoreThe labor inspector may be exposed - while performing his duties that are legally assigned to him - to threats or attacks on him by employers, which makes it impossible for the inspector to perform these jobs.
This has prompted international and Arab labor inspection standards, as well as national labor laws, to emphasize the need to provide security support and legal protection for the labor inspector, and to punish employers' violators, with the aim of extending the authority and prestige of the state and ensuring the enforcement of laws and thus achieving the goals for which it was legislated.
Recently, women's rape has been a pervasive problem in the Iraqi society. Thus, it has become necessary to consider the role of language and its influence on the common beliefs and opinions about rape in the Iraqi society. Thus, taking into consideration the critical role of language and its impact on the perception of human reality and the social development based on people's beliefs and principles of life has become highly indispensable. Therefore. The aim of this article is to address this problem critically from legislation and social norms in NGOs' reports (2015; 2019) with reference to some provisions from the Iraqi Panel Code (1969; 2010). Therefore, the researchers examine the discursive strategies and ideological viewpoints in t
... Show MoreThe right to nominate and vote is one of the most important political and constitutional rights of citizens in general and public officials because it is related to the popular will, and as they represent the legal way to exercise sovereignty through the selection of members of Parliament to take over on behalf of the nation.
However, these rights, like other rights, are subject to legal regulation. Therefore, the constitutions meant it to give them a great deal of prestige, and the various laws dealt with it by defining the electorate and the conditions that should be fulfilled in the candidate and the voter.
Countries differ in their position of the public servant as conditions for membership in the Parliament, with set
... Show More