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The legislative confrontation of the crime of benefiting public money in Iraq -A comparative study-

The legislator sought to provide the greatest protection for public funds. The wisdom of this is clear and is one of the necessities of running the public utilities regularly and steadily. The waste of public money and its lack of public facilities impede the provision of its services and the delay of services and hindering access to the public. In Iraq, services are lagging behind and almost a collapse in service.

 Hence, the legislator has created a special protection for the employees because of the importance of the role played by this group as they represent the state with all its institutions and to enable them to perform their duties. To make the acts committed against them in the performance of their duties or to cause them to be grounds for aggravating punishment. On the other hand, the legislator considered that the employee's use of public money was a crime of aggravating circumstances, in breach of the Covenant of the Secretariat vis-à-vis the General Facility and the State in general

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Legislative Framework of Public Utility Concessions Award : A Comparative Study

      Public constructions contracts and concession, have been a link between the public and private sector for decades and we may find serious  international efforts to consider it as an effective economic and legal means of providing public services(legislative framework), in the same time prevents states from drowning in loans, regrettably that Iraqi and Arab jurisprudence is still influenced by  old version of oil concession agreements,  in its research writings about the partnership between public sector and private sector. We have studied in detail the legal mechanism of concession award especially in France, We also studied the position of Egyptian legislation and focused on constitutional l

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The Privacy of public companies in Iraq: a comparative study

General companies are one of the methods that help managing general economic services. Countries have taken a step into this type of management because of the criticism-related to the different styles of managements. Criticism have been directed specifically at the direct type of management to such general economic services. Most of the Iraqi economic general services are being ran by this type of style; general type.

What has been agreed upon, whether in France, Egypt or Iraq has been that such establishments of general companies have to take place either by legislating a special order that states constructing a general company by the legislator or according to the law by authorizing law by the legislator to one of the local per

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Publication Date
Wed Apr 10 2019
Journal Name
Journal Of Legal Sciences
The effectiveness of legislative reforms in the protection of public property in Iraq

Public property has been very important because the function of the state is not limited to traditional jobs, but extends to all aspects of activities to provide services to the public, with the attendant use of public property and the need to maintain it as the basis for such activities.

The legislation concerned the Public property and its protection. Starting with the Constitution, which is the highest legal rules in the state as well as general laws administrative decisions.

This study aims to shed light on the concept of legislative reforms and its effects on legislation that protects the Public property, which is a precise legislative process that needs to be examined because it does not always aim at evaluating the

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study

The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to tra

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
mbalance between the executive and legislative branches In the Constitution of the Republic of Iraq for 2005: A comparative study

The most important right parliamentary system features it is based on three key elements must be met in order for this system is characterized by Balbrlmana, and these features lie in cooperation and balance between the executive and legislative branches also lies in the equality between the two branches, and this can not be achieved unless there is a mutual understanding between them, and this understanding can only be achieved if all possessed the power of the media and the influence of pressure is what makes other power stands at a certain point

Therefore constitutional rules came in this system to decide the legislative authority of certain rights exercised in the face of the executive branch and check use effective on its wo

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Lease Common Money under the Palestinian Legislation : A Comparative Study

The 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

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Publication Date
Tue Jun 01 2021
Journal Name
Political Sciences Journal
Violence and Extremism in Iraq: Approaches to Motives and Means of Confrontation

     After the year 2003, Iraq went through multiple waves of violence and at different levels on the security, intellectual, political and social levels. Behind that stood several motives and incentives to enable violence that represented the first axis of research, the most important of which was the political motives that circulated an atmosphere that politics against society and transformed power into a field of political brutality against the individual and the group at once. There are also cultural, intellectual, media and economic motives such as weak cultural independence, poverty, marginalization, unemployment and want, and the absence of a media discourse that rejects violence but incites it, on the other ha

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Publication Date
Fri Jun 01 2012
Journal Name
Journal Of Economics And Administrative Sciences
Public Budget and the Roles of Legislative and Executive Power Regarding It with Reference to Iraq)2004-2011)

The public budget is regarded a main tool for economic and social development. The preparation of the public budget constitute an important stream which enriches the developmental efforts and the definition of its priorities, therefore it is the focus point of many specializations. The public budget has numerous functions. It is a means to precise and to execute the political and economic goals of the executive authority, a mirror of the economic structure which reflects its strength and weakness points, specifies its revenues and others. Since the parliament is the voice of the society which expresses its interests, then, it must monitor the performance of the government so that the participation of the legislative authority in

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
The Right of the Public Employee to Nominate and be Elected to the Federal National Council in the UAE Legislation "a comparative study

The 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

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
The legal framework for the process of monitoring the electoral register a In the comparative countries and Iraq : A Comparative Study

This study entitled (The legal framework for the process of monitoring the electoral register (a comparative study between Egypt and Iraq)) shows the importance of monitoring the right to participate in political life and public affairs، as all electoral legislation in democratic countries is keen on the integrity، integrity and legitimacy of elections، and one of the most important guarantees of this  Existence of effective oversight at every stage of the electoral process، including the preliminary stage. Oversight is the process of collecting and inventorying information about the electoral processes in all its stages، by following an organized mechanism in collecting information on each stage، which is then used to issue o

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