Preferred Language
Articles
/
jols-97
Constitutional conformity between the provisions of the Income Tax Law No. 113 of 1982, amended and the constitutional principles and rights
...Show More Authors

     The idea of ​​congruence with constitutionality is based on the extent to which the minimum laws comply with the supreme constitution, because the latter contains constitutional principles and rules that have been established in the legal conscience of the nation and gained the satisfaction of the people.

    Based on the foregoing, ordinary laws derive their force and legitimate legitimacy from the extent of their commitment to the provisions of the Constitution and any violation must be amended the law contrary to the constitutional principles by canceling or abstain from application according to the regulatory system in force in this country or that. This is a natural case if we say that the laws of the situation of human beings known as many wrong, it is important how long the length of the long must be the work of legislative shortages and shortcomings. Therefore, the focus of our research is to investigate the extent to which the Iraqi Income Tax Law No. 113 of 1982, amended by the Constitution, is in compliance with the provisions of the Constitution. We find that the ordinary legislator violated the principle of tax law by allowing parties other than the legislature to intervene in tax matters by imposing, collecting, modifying and exempting. As well as the violation of the principle of equality and the right of movement and other constitutional provisions.

Crossref
View Publication Preview PDF
Quick Preview PDF
Publication Date
Fri Sep 30 2022
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
Evaluation of direct withholding tax procedures as a tool to increase tax proceeds : applied research in the General Tax Authority / Direct Deduction Department
...Show More Authors

The research aims to evaluate the direct deduction department’s procedures for the process of collecting income tax using the direct deduction method for state departments and the public sector in light of direct deduction tax instructions No. (1) of 2007 and Income Tax Law No. (113) of 1982 (amended) through Giving a clear idea of ​​the reality of tax collection procedures because this type of tax is one of great importance because it contributes to the provision of financial revenues to the state to finance its expenses and direct the economy towards achieving its social, economic and political goals. The researcher makes comparisons between the procedures of the General Tax Authority in collecting the tax and what was approved b

... Show More
View Publication Preview PDF
Publication Date
Sat Jun 15 2024
Journal Name
Journal Of Legal Sciences
The period for challenging the unconstitutionality of the medium-term general budget law In light of the decision of the Federal Supreme Court No. 155 and its unified No. 163 / Federal / 2022
...Show More Authors

يتعرض قانون الموازنة العامة الاتحادية للطعن بعدم الدستورية كغيره من القوانين، بل أن الطعن فيه يكاد يكون سنوياً حال نشره في الجريدة الرسمية ، وتوجه إليه المطاعن بعدم الدستورية إما عن إجراءات تشريعه أو لمضامينه المتعارضة مع الدستور نصاً أو روحاً ، ولكنّه إذا كانت مدة الطعن بعدم دستورية القوانين كافة متاحة دون قيد زمني محدد ولا تتطلب سوى إجراءات إقامة الدعوى العامة وأخصها قيام شرط المصلحة في حالة الدعوى ال

... Show More
Crossref
Publication Date
Thu Jan 04 2024
Journal Name
Journal Of Accounting And Financial Studies ( Jafs )
A proposal to impose a tax on the profits of securities trading to increase tax revenues: Applied research in the General Commission of Taxes
...Show More Authors

Abstract:

                The research aims to identify the concept of trading securities in Iraq and to propose a new mechanism for the taxation of trading profits and the extent of its impact on tax revenues, as it was observed that there are professional investors in the trading market and some of them achieve huge annual profits. and this profit should be like other taxable profits. The General Commission of Taxes and in cooperation with the Iraq Stock Exchange should identifying those profits, subjecting them to income tax, and adding them to the tax base. The researcher relied on the use of the descriptive and analytical approach bas

... Show More
View Publication Preview PDF
Publication Date
Wed Jun 06 2018
Journal Name
Journal Of Legal Sciences
Conceptual coup of the sovereign immunity: the law of Jasta as a model
...Show More Authors

The research focused on important legal issues that have been formulated in questions such as: What is the concept of immunity and what is its purpose? , In other words immunity from whom? In what circumstances?

We also ask ,Does sovereign immunity principle , apply as absolute doctrine  or have limitations been dealt with in national jurisdiction? On the question of what are the grounds for the distinction and partnership between the concept of sovereign immunity and the concept of diplomatic immunity?

Has sovereign immunity been affected by the pursuit of grave and terrorist violations, in particular, contrary to what international practices have been in the past as a sanctuary in which states and officials are pro

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Dec 21 2021
Journal Name
Journal Of Legal Sciences
The legal system of found property- An analytical study in the English law with the Islamic jurisprudence and the Iraqi civil law
...Show More Authors

The legal system of found property is considered as a reason or method of preliminary acquisition of ownership, as well as two other reasons, that is to say, the fixture of personal chattels, and the adverse possession, resting on the principles of equity, and included within the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, equity and later legislations. It is worth-bearing in mind that the found property is the lost property on which the finder enjoys more rights than all other people, except its original owner. It is also worth-mentioning that the treasure trove is considered as found property in the English law. and it is any object at least 300 years old when fo

... Show More
View Publication Preview PDF
Crossref
Publication Date
Wed Mar 20 2030
Journal Name
College Of Islamic Sciences
equality between man and woman                           Among Islamic law               International conventions and agreements
...Show More Authors

equality between man and woman
                          Among Islamic law
              International conventions and agreements

View Publication Preview PDF
Publication Date
Sat Jun 01 2019
Journal Name
Journal Of Economics And Administrative Sciences
Analysis of the relationship between Government spending compression and the window of the currency and its impact on the exchange rate of the Iraqi dinar
...Show More Authors

The exchange rate is the backbone of  any economy in the world, whether  developed or developing, where most countries adopted  many policies, in order to ensure the stability of the exchange rate of the currency, because of its importance as a link between the local economy and the others ,And it contribute in the achievement of internal and external balance and despite the many different factors that affect it, but there is wide consensus on the effectiveness of the role of spending and the currency window in the exchange rate of the Iraqi dinar, especially in the Iraqi economy, effectiveness As the increase in government spending lead to an increase in the supply of money and increase domestic demand and high pr

... Show More
View Publication Preview PDF
Crossref
Publication Date
Sun Sep 08 2019
Journal Name
Journal Of Legal Sciences
Discretionary role of the provisions of the Court of Cessation
...Show More Authors

   Discretionary role of the provisions of the Federal Court of Cassation occupies a distinct role in the drafting of the legal base, thanks to vocational and higher professional level, which is practiced by this court in the adaptation of the civil law in light of the changing conditions of the community with the survival of inertia that characterizes the legal basis, so that the legislator important for precision and perfection in his work in drafting this rule, it cannot take in everything and put the necessary solutions to all the new issues that appear in the society. Therefore, the courts in this case is keen to reconcile the provisions of fixed base and the changing conditions of society , in order to reach the intent of

... Show More
View Publication Preview PDF
Crossref
Publication Date
Tue Oct 11 2022
Journal Name
College Of Islamic Sciences
Modeling strategy in the subject of recitation provisions for students of Islamic sciences colleges
...Show More Authors

on the subject of the provisions of recitation among students of the Islamic Sciences Colleges).

The researchers adopted the experimental method and chose an experimental design for the two equivalent groups by post-test. The research sample consisted of (60) male and female students from (second stage) - Department of Qur’an Sciences and Islamic Education - University of Diyala, and the two researchers were rewarded between the two groups of research in the following variables: (Chronological age calculated in months, degrees of recitation rulings subject in the previous year, the two researchers studied the same research groups, and lasted for an entire semester, the researchers prepared the observation card to measure the ru

... Show More
View Publication Preview PDF
Publication Date
Sat Feb 09 2019
Journal Name
Journal Of The College Of Education For Women
Dilemmas in teaching human rights and democracy between the current realityand the difficulties in seeking to spread a culture of human rights
...Show More Authors

In the age of information and communication revolution, education as one of life
aspects has influenced with that revolution by integrating technology in education, which
have become as an important learning tools of the whole educational process . Technology,
when used appropriately, can help make science classroom a site of active learning and
critical thinking, furthering student inquiry and connections with different materials. It is
necessary to develop human rights education programs and materials for discretionary and
extracurricular activities as it provide them with the skills and tools so that they are
empowered to take action to realize their rights. Human rights education is a critical means of
instill

... Show More
View Publication Preview PDF