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Commentary on Federal Supreme Court Decision No. 158 of 2022 - The Federal Supreme Court and Controls for Self-Relinquishment of Judicial Rulings

العدول عن الاحكام في القضاء الدستوري ظاهرة قضائية مستقرة في معظم المحاكم العليا ، والسبب يرجع الى ما تتمتع به هذه احكام هذه المحاكم من حجية مطلقة ترجع الى كونها غير قابلة للطعن بطرق الطعن القضائية المعروفة على مستوى القضاء العادي ، والمحكمة الاتحادية العليا في رغم حداثة تشكليها نسبياً الى انها اخذت بما انتهى اليه القضاء الدستوري في العالم ومنه الاخذ بمبدأ العدول القضائي استجابة للمتغيرات السياسية والاقتصادية والاجتماعية والانسانية ، والعدول عن الاحكام القضائية والذي يطلق عليه الفقه احياناً مصطلح ( التحول في الاحكام ) يعني تغير اتجاهات المحكمة القضائية وتبني حكم او حل جديد متناقض مع حكم قديم بسبب ظروف سياسية او اجتماعية او اقتصادية او قانونية وعادة ما يكون هذا التحول بأرادة  القضاء الدستوري ، وقد يكون هذا التحول على مستوى تفسير نصوص الدستور فيتبنى القضاء الدستوري بارادته تفسيراً جديداً لنص دستوري متناقض او متعارض لتفسير سابق لذات النص ، وهذا التحول في الاحكام اساسه سنة التطور وما كان مقبولاً في الامس لا يمكن قبوله اليوم في ظروف معينه وهذه العلة الاساسية للعدول او التحول في الاحكام القضائية ، ولذلك فأن مبررات العدول متنوعه ما بين دعم القضاء الدستوري للحقوق والحريات العامة وما بين دعم للمبادىء الاساسية الواردة في الدستور وما بين تصحيح الاحكام الدستورية السابقة

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Publication Date
Mon Jan 13 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
The Role Federal Board Of Supreme Audit Of Auditing The Economic And Technical Feasibility Studies

The importance of economic and technical feasibility studies include all of the investor, the society, the banks, the project and the government. As it will assist in achieving the optimal use of the available economic incomes on the national level and arranging the projects in priority which participates in achieving the government benefit without wasting the amounts .This is the research goal So, the research covered its theoretical aspect, of SAIs and the economic and technical feasibility studies then the role of the auditors in auditing those studies Then a mechanism was proposed includes a guidebook that provides guidelines for organizing the process of preparing and auditi

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Publication Date
Wed Oct 17 2018
Journal Name
Journal Of Economics And Administrative Sciences
Proposed mechanism to activate the role of the Federal board supreme Audit in the examination of the federal budget estimates of the state

The aim of the research is to present and discuss the subject of the budgeting estimates and how to activate the role of the Federal board of supreme audit in examining these estimates through reference to Articles 6 and 10 of the Federal board of supreme Law, which did not restrict Federal board of supreme in Preventive control on examination process for planning which is prepared from the government units, as the result of a large amount  of government units Provisions and the weakness of estimates in most of its items, which rely on personal assessment and not based on scientific and logical basis of the estimate, which leads to the emergence of a deficit is not true in the general budget and this seems clear in most Iraq

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Publication Date
Sun Dec 20 2020
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Proposal guide for abilities building in SAIs: Applied research in the Federal Board of Supreme Audit

SAIs has a pivotal role in enhancing public sector performance through its quest to achieve the greatest possible efficiency and effectiveness in its, so  it has to adopt applied framework for abilities building, the research aims to shed light on the role of SAIs and the nature of their  work,  and  the definition for its abilities building, and to prepare a proposal for abilities building applied to work with the SAI in the Republic of Iraq (of the Federal Board of Supreme Audit ),the Researchers reached conclusions, namely: abilities building is the outcome of the interaction between the reality of all of the employees of the SAI and the institution itself and the environment and the specific requirements of the de

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Publication Date
Sun Dec 01 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Job satisfaction and its relation to the effectiveness of performance: Applied research on a sample of employees in the Federal board of supreme Audit

The research aimed to study the job satisfaction of the staff of the Federal board of supreme Audit and its relation to the effectiveness of their performance, The questionnaire was adopted as a main tool in the collection of data and information from a random sample of (54) employees of the Federal board of supreme Audit. In light of this, the data were collected and analyzed and the hypotheses were tested using the statistical program (SPSS).

The researchers reached a number of conclusions, the most important of which were: (1) the respondents' response to the variables of job satisfaction and the effectiveness of the performance were medium; (2) there was a significant relationship between job satisfaction and performance effe

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Publication Date
Tue Nov 19 2024
Journal Name
Iklīl For Humanities Studies
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Publication Date
Tue Jun 01 2010
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Auditing Board of supreme audit for solid waste management

Solid waste is considered to be one of the rescuers of pollution in case of     neglecting conditions and procedures relating to specific processes of laws, systems, and contracts requirements in addition to recommendations of organizations concerned with environment issue. The environments auditing groups of intosai have taking into account the environments control by various conference and recommended that the Board of supreme audit have and environments controlling taking into consideration auditing procedures on waste management ,and also offered on evidences for experiences of members of countries in order to exchange their knowledge's and experiments .the definition of solid waste and their resources ,risks ,man

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Publication Date
Sun Jan 27 2019
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Internal audit of spending units and its impact on the efficiency of the federal budget

The role of internal control is based on the effectiveness of the budget through an analysis of the reality of the budget in the research sample as it was studied in the preparation and preparation stages and the implementation stage. The sample showed that the sample did not comply with what is stated in the Ministry of Finance publication of instructions and ceilings. In the process of preparing and resulting from the occurrence of deviations in large proportions both in the discussion of the Ministry of Finance or when implementation as a low rate of implementation and the absence of allocations for some items, although there is a need for them as well as the transfer of large proportions of transfers both up or down and the purpose o

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
The role of the court in invoking danger in criminal proceedings

The study of criminal danger is a part of a common phenomenon in criminal studies, namely, the conflict between traditional legal concepts and the new requirements of modern criminal policy, and the primacy of development and response to the requirements of modern human life. Criminal law scholars have recognized the importance of danger, especially after they have determined that the danger of crime is not limited to material damage, but rather to aggression against fundamental interests of the group, which is the possibility of damage. In particular, development and progress have led to the emergence of new areas in which the danger is the basis of the criminalization of related acts such as security, economy, trade, modern industries,

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Publication Date
Sat Dec 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Typical Federal Budget According to the budget performance

The purpose of this research that, the performance budget  is the best style of budget styles that can help and contribute in forming preparing federal typical budget in Iraq , By taking advantage of the application of the principles of scientific rules that would ensure optimal allocation and investment of the financial resources of the state and achieve the best performance and the lowest possible cost, both with regard to the administrative and accounting side, reducing the waste of public money, so that can enhance the success , power , and safety of financial activity of managerial system that it focuses on the magnetite and quality of the work done and the objectives wanted to meet. so application of performance budget require

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Crossref
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Publication Date
Fri Jun 01 2018
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Relationship between federal budget estimates And actual implementation

he public federal budget of the state includes estimated figures for state revenues and expenditures for the next fiscal year. The estimation process is one of the main parts of the preparation of the general budget of the state and the accuracy in the estimation of revenues and expenditures of the most important principles that should be based on the process of making estimates and should not overestimate the assessment process to ensure the availability of funds in the future in all cases, which lead to unfair distribution of allocations, so the research aims to study The case of preparing the budget in the Directorate and how to estimate the expenditure in, by the analysis of operating budgets and identify deviations in the implementa

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