Preferred Language
Articles
/
jols-649
Evidence of Proof in the Administrative Investigation and Employee Guarantees Towards it : A Comparative Study
...Show More Authors

The aim of this research is to identify the guarantees of collecting evidence in the administrative investigation in both the Federal Decree-Law No. (11) of 2008 regarding human resources in the federal government and its amendments, and Ministerial Resolution No.(1) of 2018 regarding the executive regulations of the Human Resources Law in the Federal Government, Compared to the Jordanian Civil Service System No.(9) for the year 2020. In order to find out the guarantees obtained by the employee to whom the job violation is attributed in order to confront the authority of the administration in the event that he is referred to the administrative investigation in the stage of collecting evidence. And to search for the balance between the legal position of the public employee and the authority of the administration at this stage of the administrative investigation.

And this research relied on the comparative analytical method, and the research reached several results, the most important of which is that both the Emirati and Jordanian legislators did not put texts on disciplinary procedures. But both legislators contented themselves with listing some general provisions. And accordingly the authority can The competent administrative investigation - in order to reach the collection of evidence that leads to the formation of the conviction and belief of the disciplinary authority - to carry out all physical verification operations in order to reach a disclosure The reality of the functional violation, and the identification of its perpetrator. It also has the competent investigation authority to review, examine and inspect the documents, papers and administrative documents related to the committed violation.

View Publication Preview PDF
Quick Preview PDF
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Violations of the financial employee in his legal work
...Show More Authors

The financial violation must be defined as a concept for the purpose of distinguishing this concept from other terms that may be suspected in the context of the job and the violations of the financial employee that may be disciplinary or even punitive. From Egypt and Iraq, in addition to addressing the doctrinal aspect in the two countries above and the extent to which the specialized jurists dealt with the statement of financial violations, or even highlighting images that could be considered that the violation committed by the financial employee falls under the framework of the financial violation. Which may result in a financial violation by the financial employee, and we touched upon the request of him to indicate the financial viola

... Show More
View Publication Preview PDF
Crossref
Publication Date
Thu Oct 01 2020
Journal Name
Palarch's Journal Of Archaeology Of Egypt / Egyptology
"Guarantees of Disciplinary Punishment on University Service Employee and Mechanisms for their Cancellation" Comparative study
...Show More Authors

The university Service employee is considered one of the categories of public employees, However, The academic and administrative tasks duties that undertakes have made him a special importance and a distinguished legal status, Therefore, we find That the Iraqi legislatures assigned this category a special Law, it is the university Service law No (23) of 2008 as amended who dealt with some aspects related to serving this category, such as duties, right, condition for appointment and award of academic titles, and financial allocation, such as university service allocation, academic title allocations, and some other Provisions leaving other matters to the general service laws and employee discipline, among the matters that the legislator negl

... Show More
View Publication Preview PDF
Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
Evidence- Based Premature Termination Implicit: Comparative Study in Contract Theory
...Show More Authors

For the premature termination of the contract is the creditor’s ability to request the termination of the contract due to the debtor’s breach of the execution date based on the debtor’s explicitness not to perform upon the occurrence of this date or because of a presumption proving that breach. Or return it to the extent of the creditor’s ability to prove what he claims, and thus the burden of proof falls on the creditor.

There is no difficulty in proving the debtor's declaration of non-performance, but the difficulty lies in proving the perceived breach in the future, that is, the creditor concludes earlier on the date of implementation that the debtor will breach his obligation and therefore the creditor does not obtain

... Show More
View Publication Preview PDF
Publication Date
Wed Nov 21 2018
Journal Name
Al–bahith Al–a'alami
Remediation of the Administrative Corruption Issues in accordance to the Theory of News Frames
...Show More Authors

Media, especially press plays an important role in fighting corruption and tackling this phenomenon, which has become widespread in our society, through its effective role in raising awareness of the seriousness of spreading of corruption of all its forms in society.
All international conventions and agreements stress the necessity of the role of media and its importance in the light of corruption. All countries also commit themselves to the necessity of guaranteeing the freedom of media and the circulation of information and preparing it as a prerequisite for activating the People’s Control Mechanism and supporting measures and means to prevent and combat financial and administrative corruption more actively and effectively.
Co

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
The nature of the claim of lack of jurisdiction in the comparative and Iraqi administrative judiciary
...Show More Authors

      The plea of ​​lack of jurisdiction is the most important formal defense in the administrative judiciary, it is a denial of the court’s authority in hearing the case for its deviation from the limits of the jurisdiction that the law has decided for it, and if that court issues a decision in pleading not to have jurisdiction directed at it, the matter does not deviate from one of two decisions, it is either to decide that it is She is competent to hear the case, so she refuses the payment and proceeds to examine the matter, or she decides to accept the defense of lack of jurisdiction raised by the litigants, or on her own if the matter is related to the public order, and she must here refer the case to

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Payment of administrative responsibility for electric power facility: a comparative study
...Show More Authors

The scope of the electrical power facility is determined by its employees' mistakes as follows and subject to its control and guidance, as well as those affiliated with mechanical machines or dangerous things that require special attention, and can be denied the responsibility based on a number of means to which the defendant is resorted to it, the law has been granted For the requirements of justice and to judge the judiciary in many of the provisions issued by an investigation into the principle of equity. The most important mistakes, which are the most important means that the electric power facility can resort to existing responsibility in accordance with Article (219) of the Iraqi Civil Law, which is responsible for fulfilling acts,

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Dec 29 2021
Journal Name
Journal Of Legal Sciences
Administrative protection of young people in Iraq Comparative study with the United Arab Emirates
...Show More Authors

Because of what Iraq faced in the last quarter of the last century of wars and military conflicts and the aftermath of the economic blockade, as well as the recent occupation suffered by Iraq in the contemporary century, which culminated in lawlessness and the spread of terrorism and the most prominent on the Iraqi street manifestations not prepared before paved to the aggravation and collapse in the community system As a result of the political and social changes, all this highlighted the need for public facilities specialized in social protection for young people to provide all the new requirements, and the find a legal system commensurate with the circumstances and circumstances.

In light of the current challenges, the State h

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Medical identification in mass graves and its role in criminal evidence
...Show More Authors

Medical identification  is deemed  of  the most important evidences   in the criminal  investigation   on massive  cemeteries, as it is identified  the   unknown  individuals   either alive or died. Whereas the victims of  massive cemeteries are individuals were murdered  and then buried or  buried   alive and  thence   identifying   the bodies of the victims   should be evaluated   technically  and  need   medical experience  by checking  its   apparently or  internally (anatomically)  by  expert (Forensic  Medical Doctors)  to ma

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Jul 01 2016
Journal Name
Journal Of Economics And Administrative Sciences
The role of Open Budget in achieving of the transparency and responsibility and Reflect it on the administrative and financial corruption
...Show More Authors

Abstract

The open budget means everyone in the society can get information about the government budget in order to watch the governmental works. The aim of the research is to study the concepts of open budget, its advantage, limitations, role of supporting the transparency and questioning the administrative and financial corruption. Thus reflects positively on the national economy by providing governmental information to all users whether they are individuals or belong to the political class, or any other governmental or nongovernmental organizations which are interested in these information.

In order to achieve the objectives of the research aims, we make questionnaire to see aca

... Show More
View Publication Preview PDF
Crossref
Publication Date
Fri Dec 14 2018
Journal Name
Journal Of Legal Sciences
Procedural support In the initial investigation phase
...Show More Authors

يعد الإسناد الإجرائي من الركائز الأساسية في الإجراءات  الجنائية وعلى الرغم من ذلك بلم تكن هناك دراسات واسعة ، اذ عد الفقه والقضاء هذا الموضوع من الشكليات المسلم بها في الإجراءات  الجنائية فانه لم تتضمن غالبية التشريعات الإجرائية الجنائية النص صراحة على تعريف الإسناد الإجرائي وترك ذلك للفقه ، فالمشرع العراقي لم يحدد مفهوم الإسناد الإجرائي في قانون اصول المحاكمات الجزائية رقم (23) لسنة 1971 المعدل وكذلك في

... Show More
View Publication
Crossref