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.
The legislators in (France, Egypt and Syria) set controls for filing an administrative lawsuit, including the signature of the lawsuit petition by a lawyer accepted before the court, and the lawyer is committed to performing his work in accordance with the conditions of the State Council and the practice of the legal profession. And if the goal of the legislator is to achieve the public and private interest represented in observing the law and assisting the plaintiff legally, then this condition sometimes leads to individuals refraining from resorting to the judiciary because of the financial cost of registration fees and lawyers, which prompted the legislator, especially the French, to exempt several lawsuits from this condition, includ
... Show MoreThe state's finances consist of a set of rights that have a material value. Since the debtor's failure to pay is conceivable, it is reasonable to assume that the State is in constant need of funds to manage its various activities. The state, but what distinguishes it from others in this case is its ability to fulfill the will of the individual without the need to resort to the judiciary to collect the debt.
The phenomenon of black money laundering (money laundering) receives wide and great attention from researchers of all their intellectual orientations, legal or economists, as this process acquires great importance in light of commercial developments and electronic transactions, Especially after the opening of Iraq to the outside world after 2003, and there are many factors that encourage the process of money laundering, including the large number of crimes, the prevalence of financial and administrative corruption, and the weakness of legal procedures to combat it, as the phenomenon of black money laundering is considered a criminal case that affects developed and developing countries. Because it impedes the tracking and seizure of funds
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The Non - Homogeneous Poisson process is considered as one of the statistical subjects which had an importance in other sciences and a large application in different areas as waiting raws and rectifiable systems method , computer and communication systems and the theory of reliability and many other, also it used in modeling the phenomenon that occurred by unfixed way over time (all events that changed by time).
This research deals with some of the basic concepts that are related to the Non - Homogeneous Poisson process , This research carried out two models of the Non - Homogeneous Poisson process which are the power law model , and Musa –okumto , to estimate th
... Show MoreThe payment of stripping is more prominent than the defenses that the personal guarantor can hold against the creditor; In order for him to maintain the financial guarantee, and the guarantor derives this payment from the personal guarantee, i.e. not a connection with the guarantee. Your educational tutorial, environmental protection plans, environmental protection plans, environmental protection plans, environmental protection plans, Guaranteeing him to pay the guarantor towards the creditor by stripping the money burdened with in-kind insurance as security for the debt he is guaranteed; If this insurance was prior or contemporary to the personal guarantee, and what distinguishes this special form of payment by abstraction from the gene
... Show MoreExercising the universal jurisdiction requires having in place some national legislations. If the legal principle is generally agreed upon at the international level, this does not prevent nations from passing some internal or local legislations that may enable the national courts to enforce the universal jurisdiction. Transcending the philosophical and theoretical frameworks of any principle will
This paper, entitled “The Conditions of Exercising Universal Jurisdiction: A Comparative Study”, tackles the conditions and requirements of exercising universal jurisdiction in both subjective and objective aspects, in the Iraqi penal code and the international laws under comparison.
Lying is considered a dangerous tendency among children if it has become a habit. It results in many social problems, such as child’s loss of confidence, lack of others’ respect to him, and his lack of respect to the desired values of the society, such as honesty and trust. Consequently, he will be led to a deviation when he becomes old; especially if the child’s socially unaccepted behavior has not been directed. The research, thus, aims to examine the causes of lying in the most important stage of children’s life; that is, between (4-6) years. Such an aim helps to know about the individual reasons of lying among males and females from teachers’ perspectives. To meet the objective of the study, a number of (128) children
... Show MoreElectoral campaigns are one of the stages of the electoral process, and it means the sum of the activities and activities carried out by the candidate or the political party within a period of time, usually one day or more before the polling date, according to the legislation. To vote for this candidate or party, and this process affects the results of the elections, whether parliamentary or presidential, because it targets the votes that lead the candidate or political party to a boost to the presidency of the state or the legislative authority, so that this right is not abused in promoting political ideas and visions, considering This is one of the branches of freedom of opinion and expression that is guaranteed by most constitutions.
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The research draws its importance from identifying the methods of profit management in misleading the financial statements, which in turn is reflected in the decisions of the authorities that relied on these reports, and then the models that help in detecting those methods used by the auditors. Risks. The index (margin of excess cash) was used to detect profit management practices on a group of banks listed in the Iraqi market for securities and the number of (23) banks, including (12) commercial bank and (11) Islamic bank and the results were compared to commercial banks with Islamic banks.((The research started from the hypothesis that the use of the (excess cash margin) model in the banking sector reveals the management
... Show More- S. Supreme Court plays a very important rule in American legal system, especially in the domain of constitutional interpretation and judicial review. This importance emerges from the precedents of the court which considered as compulsory rules on all the authorities. However, the supreme court can overrule its precedents. This research is about the factors which effect the court’s decision on overruling, dividing them on internal and external factors.
The source of the internal factors is the precedent itself, while the source of the external factors is the circumstances surrounding the precedent.