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دول مجلس التعاون الخليجي وادارة الازمات الاقليمية ازمة : اليمن انموذجا == Gulf Cooperation Council (GCC) And Management Of Regional Crises (Crisis Of Yemen As A Model)

اسم المؤلف: دعاء جمعة نعمة
اسم المشرف: مالك دحام الجميلي
الموضوع العام: العلوم السياسية
السنة: 2016
الموضوع الدقيق: الدراسات الاستراتيجية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Gulf Cooperation Council (GCC) establishment in 1981 represented a turning point in Arab Relationships as a successful model in restructuring united Arab Frame. The idea of this Council had emerged from the joint point of view and the urgent necessity that cooperation and coordination among six Arab Gulf Countries : ( Saudi Arabia Kingdom - Kuwait - U.A.E - Qatar - Kingdom of Bahrain - Oman) after the continuous development as a result of the close relationships that were enforced many other factors of the joint history, Geographic Neighboring, Faith and Belief in Joint Fate , in addition to the very similarity of these countries in their political , economic, social, and military policies, besides their confrontation against threats and risks as well as overcoming their internal which are.Thus, Arab Gulf States had increased their efforts for the purpose of achieving further cooperation and further rapprochement through holding bilateral and multiple agreements Gulf Cooperation Council was emerged consequently , Council had achieved many of its main targets, it had many great and widely participations at the local, regional and international levels in a changing atmosphere. Council was able to overcome the all the difficulties.There is no doubt that the administration of the Council for the regional crisis were so serious, many factors were actually needed, The Arab Gulf Council several features in order to deal with the troubles in this zone represented by Oil wealth that was well applied by Arab Gulf States so as to develop these States and go on progress for their sake. On other hand, Gulf Cooperation Council (GCC) has been able to demonstrate the regional crisis. Besides the disturbed situations that the Neighboring States witnesses, they represented a critical challenge against the security of Gulf Cooperation Council (GCC), that matter needs to study in very details with stating the solutions through submitting strategies including several elements aiming to limit the crisis and amongst the negative effects against National Security for Gulf Cooperation Council (GCC).In this Thesis, Gulf Cooperation Council (GCC) was studied with focusing on Crisis of Yemen as a model. Nowadays is passed with sensitive stage and critical turning point , as it witnessed sequent crisis along the time, and returned from long wars up to now. Furthermore, it affirmed on the political , security and fate importance for Gulf Cooperation Council (GCC) in protecting security and stability of Gulf Region that makes its study, its analysis and to identify on their future repercussions as an important case in the context of scientific research

العلاقات المصرية الاثيوبية بعد - الحرب الباردة == Egyptian - Ethiopiana Relations After The Cold War

اسم المؤلف: خالد مشرف عيدان
اسم المشرف: علاء جبار احمد
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Egypt and Ethiopia two countries regional and despite the lack of juxtaposition but they have enjoyed the characteristics of a common geostrategic, The fact is that there are a number of various factors affecting the Egyptian - Ethiopian relations after exceeding in the geo - strategic character as the interactions between them follow the path of his close association other interactions being in the regional and international area. , maybe the most prominent of these reactions appear when the exploitation of the Nile River, which originates in Ethiopia and flows into Egypt water issue and in spite of this interaction and overlap which features multiple levels and ties between Egypt and Ethiopia, but the relations between them despite the interference experienced a swing going on where they pass through cases of ups, downs, tensile and lax, It development to a better level of tension and then step back and end the estrangement earning recipe tactical relations of the accounts of temporary and immediate purposes, not for reasons of long - term strategy.We can say that the most prominent issue and the most important stand out by trying to Ethiopia exploit the headwaters of the Nile River, which the most important is located in its territory, toward non - recognition of acquired rights for the rest of the States participating in the Nile River, including Egypt, as it represents the Nile River to Egypt a matter of life and the story of the presence Hence the Egyptian direction concentrated trying to find common ground for economic cooperation with Ethiopia to prevent the recent use of the issue of the Nile water for political leverage against Egypt, but Ethiopia was trying always to check what is more, especially that the historical relations between the folk Ethiopian and Egyptian were solid relationships over which religious relations between Muslims and Copts who share the same religion and the Church of one.Ethiopia It has tried to achieve the goals and objectives multi - through investment Nile water issue was the establishment of political successive Ethiopian regimes to achieve a political speech for the purpose of exchange of view inside Ethiopia for retreats political, economic and disadvantages including Ethiopia, as well as trying to recent use of water for political leverage to the States participating in the Nile River and especially Egypt, due to the sites and recent weight in the region, and increasing the severity of the situation it is for many Western countries to provide support to Ethiopia on the basis that the poorest countries, but it's made for the international community animportant help in Somalia, along with that Ethiopian relations Zionism has always been a distinct starting from the transfer of the Falasha Jews from Ethiopia to Israel and through providing aid Intelligence and Informatics of the Zionist entity, eight of the Zionist entity feet and offers to Ethiopia experiences in the field of agriculture, and sanitation systems drinking water, along with the widening areas of cooperation in the waters of the Nile , as the Zionist entity was still hoping to transfer water tortured him by Al - Salam Canal, as well as to achieve even further political ends will not be available in front of him, but of course in cooperation with Ethiopia.On this basis, aims to study trace type prevailing relations between Egypt and Ethiopia, and what are the most important variables both regional and international that affect the type and form of these relations between the two countries, as well as to highlight the most important challenges facing the Egyptian - Ethiopian relations, according to the political, economic and social internal effects as well as shed variables light on the regional and international factors and their impact

صلاحيات السلطة التشريعية في العراق بين النظرية والتطبيق بعد 2005 == Jurisdictions Of LeGISlative Authority In Iraq Between Practice & Theory After 2005

اسم المؤلف: حنان عبد لوتي
اسم المشرف: مها عبد اللطيف حسن الحديثي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: This thesis researches in the powers of the legislative authority in the Iraqi parliament in theory and practice. The thesis addressed at the outset the parliamentary system as one of the representative democratic regimes prevailing in the world today, where the political power is divided two between, the first bodies to be expressed in the legislature (parliament), which is directly elected by the people, while the second body, the Executive, is being emerged from the parliament. Many countries around the world has adopted Parliamentarism despite the difference of the internal environment, political, economic and cultural life of their societies. Iraq as well has adopted this system according to the Constitution of 2005. Which deserved research and analysis and comparison between the reality of this system and what should be the parliamentary system, in general, and compare it to the constitutional rules according to the Constitution of 2005, in particular, to identify the strengths and weaknesses, and the reasons for the weakness of the legislative authority in the exercise of their constitutional powers. The thesis has reached a set of conclusions, mainly : 1. The existence of many of the imbalances in the parliamentary practice in the Iraqi parliament, the most important of which was the failure of the House of Representatives in the representation of Iraq as a whole and to speak on behalf of the people as a whole.2. The absence of political opposition in the House of Representatives led to overcome the parliamentary procedures.3. The predominance of the executive authority of the parliament which led to the disruption of the rules of parliamentary oversight and the cooperation between the two authorities.4. The weakness of the political culture of parliamentarians and their ignorance of most of the parliamentary rules and procedures adopted by parliamentary systems.5. The weakness of parliamentary oversight.6. The existence of quota confessional that played a role in weakening the powers of the legislature and continued conflict among political blocks in the House of Representatives.7. The continued absence of Members of the House of Representatives and the lack of serious behavior during discussion on some sensitive issues which preclude holding more than half of the meetings because of lack of a quorum.

السياسات التعليمية والتنشئة السياسية في العراق بعد عام 2003

اسم المؤلف: ايلاف حسن جعفر
اسم المشرف: احمد عبد الله ناهي الحمداني
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ان التغيير السياسي الذي حصل في العراق بعد 2003 فتح افاقا جديدة في العمل السياسي نتيجة لتبني نظام سياسي ديمقراطي قائم على التعددية مما تطلب بناء تنشئة سياسية جديدة تتلائم مع النظام الجديد على اسس الحرية والديمقراطية وحقوق الانسان وهذا ما تطلب بناء منظومة ت | The political changes that occurred in Iraq2003 has opened new prospects in political work due to adopting democratic political regime based on multiplicity which need construct new policy in harmony with the new regime on democratic and freedom foundations and human rights. This case called for constructing new educational system bearing developing new generation in accordance with those and interact with scientific , psychological , intellectual and constructive foundations and capabilities through education , political growing because education is the main instrument that the individuals get skills that qualify them to be vital members in the political regime and society through harmonizing the new political values to make cultural changes via political awareness that keep pace with democratic process accordingly political regime in Iraq tried after 2003 to build educational system upon new foundations in harmony with democratic changes demonstrated in Iraq. therefore it issued educational philosophy included confirming democratic principles by tolerance spirit , cooperation , consultation , constructive criticism , respect other views , dominant of the law sovereignty , equity , equivalence in opportunities , respect the law and regulations , cooperation with the authorities , confirm humanitarian and moral principles and respect religious and social virtues and translate them to behavior and adhere to these principles.Confirming respect others and their views and freedom , respect tradition of the society ,besides enlightenment application for democratic approaches in educational institutions and in their administration in order to spread democratic behavior among teachers and educated individuals , executing real participation , scientific development , objective Substantive discrimination and selection according to checking , awareness and certainty. In spite of these efforts the educational policy and political development in Iraq after 2003 has faced many problems upon different levels disabled that policy and put obstacles before the education authorities while application in which the success percentage was low due to sect specialization and racial discrimination , multiplicity of parties , different ideologies , besides lack of security and stability , sect events , society polarization , religious policy which constructed other generation rather than educational institution , moreover sometimes intersected with it.The economic factor also played opposite role towards educational policy and political development because the economic role for the families is the main criteria for the income of the people and entering to the educational sector or be away from education , therefore the aggravation of poverty deprive many families from entering schools , and accordingly growing in a different way and policy from the purposes and objectives of educational way , besides of unemployment , low allocations and weak capabilities.Social obstacles were represented by modern Iraqi family which follow authoritarian value style represented by the parents or one of them upon their children which made their respect to democratic values limited , besides the security circumstances that the people of Iraq has been suffering till now affected the Iraq families because most of the children did not learn in new schools or never learn , besides the spread of conservative religious values in some families such as obedience value ,non - discussion , antagonism towards democratic values and modernization which made the Iraqi family cannot play its real role ,but on the contrary they became obstacle element to education. Also illiteracy has played a great role of hindering the Iraqi political upbringing in spite of efforts excreted by Iraq since the seventeenth of the last century to eradicate illiteracy but these efforts ran into problems resulted in successive wars and the blockage imposed by the united nations on Iraq, that leads to increasing the number of dropouts and those do not join education and this hindering the efforts of political upbringing, also popularity of the conservative tribal and religious traditional values as a result of the political powers absence which are able to raising the political awareness for the citizens, led that these values to play a disturbing role of the political upbringing since these values contradicted entirely with the democratic value of the citizens which the educational process aiming at, besides, the problems of modifying of curriculum and exceeding what stirring sedition and deterred the confirm and deepened the idea of citizenship and national identity and political partnership and establishing a state of institutions, and problems related with the teacher being an authority or origin and other problems on which the research is focusing to be understood, analyzing and find ways for confronting them also reducing their negative impact on the upbringing process. The education problem and the political upbringing in Iraq after 2003 has represented by achieving philosophy represented in realizing equity and the political partnership , citizenship and nationality and to found the state of institutions and democracy, is in need of efforts and common sense should be realized to success the educational policy, for realizing that policy and philosophy would lead to upbringing generations on democratic manner contributing in building the society and the state and reforming system and institutions, for individuals are the basic foundation , reforming and strength for the state and society, thus realizing ways of building and developing it mean foundation of a state with bases and standards make Iraq as civil strong civilized state.

استراتيجية مكافحة الارهاب في العراق : دراسة مستقبلية == The Fight Against Terrorism In Iraq Strategy Vision For The Future

اسم المؤلف: ايات ناصر جابر
اسم المشرف: حسين علاوي خليفة
الموضوع العام: العلوم السياسية
السنة: 2016
الموضوع الدقيق: الدراسات الاستراتيجية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The phenomenon of Terrorism has made a chalanges for iraqi government after All the changes in specific, therefore the battle against the terrorists one of the most politics task which is developed and raised constantly, the terrorist has keep growing and the strategies growing as well in same time, that one takes from iraq to made a new vision in regard to build strong strategy for fighting the terrorism since 2008 , cuase that strategy has becomes a principle thing to fight the terrorism and also for supporting the natinal security through that same vision , specially by military forces and activate the politics issues in this regard. but the politics conflict is making a big Barrier for keep turning down the terrorism in iraq , the terrorism has several method for look up started from consolidation of jihad , and al qaeda group in iraq up to announce the islamic state in iraq thru isis which is known under the name of islamic state in iraq and sham and finally raised name called islamic Succession in iraq , and then all these terrorism groups has becomes one of the strategic challenges , by here the topic has cleared enough to by under the title of ( the setratigy of fighting the terrorism in iraq , future visibility. ) which going to discussed for the period of time after 2003 till 2016 therefore the futuer going to viewed by Central scenario in predictively. The importance of studying becuase iraq has passing through big challenges against the terrorist and terrorism forces. specially the terrorism effecting the future of iraq government , that's mean the terrorism stay in constantly threat mode agaisnt the state. unless we are going to developing that setratigy through ultimately vision not only keep looking at militery solutions that way the terrorism is going the be one of the most threats to the goverment for among next five years.The main thing to pay attention to, in the correction path of counter - terrorism operation in Iraq is to achieve common ground to find a plan and perform an effective and realistic security that both reflect the total strategic perceptions and security policies framed for the national security strategy that paint on the basis of which the national strategy for counter - terrorism that iclude political,economical,social,military,cultural,civilized and religious values. Security planning should also be reflected on the arrangement on the goals and the national interests of the Iraqi state, the state aims by characterization and achievement of its security to reach a deeper goal , which is to preserve the higher interests.Perhaps the first thing that necessitated this need is to mobilize social and political forces in the variety of its positions in the community in order to participate in a collective response against national security challenges.Also, the pursuit of the Iraqi state to acheive its security must be done through positive interactive relationships with the external environment,especially with neighboring countries through holding bilateral and multilateral security agreements in the field of security coordination and cooperation and exchange of information about cross - border terrorism and prevent the infiltration of terrorists and weapons into the Iraqi lands across borders and Work to dry up the sources of terrorism.The realization of a comprehensive strategy to combat terrorism will be an enhanced element for the Iraqi national security and will achieves stability for the Iraqi state.The Strengthening of anti - terrorism strategy has become a necessity, not an option because terrorism represents one of the baisic challenges that paralyse the capacity of the state , cause terrorist organizations like ISIS , represents one of the strategic challenges in the foreseeable future.

التجربة الديمقراطية في ماليزيا (1957 - 2014) == The Democratic Experience In Malaysia 1957 - 2014

اسم المؤلف: اماني نوري لايج الموسوي
اسم المشرف: سعد علي حسين التميمي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تناول موضوع الرسالة الموسومة (التجربة الديمقراطية في ماليزيا 1957 - 2014)، ابعاد التحول الديمقراطي في ماليزيا، وذلك لكون قضية التحول الديمقراطي والتنمية السياسية في ماليزيا لم تنبذ اذ حرصت الدولة الماليزية على التاكيد على اهمية الديمقراطية وعلى ضرورة انتهاج | The current study titled "The democratic Experience in Malaysia from 1957 until 2014", deals with the democratic turn in Malaysia since the matter of democratic turn and political development in Malaysia have not been neglected, but on contrary, it confirmed on democracy and on the necessity of adhering multi - practices that reflect the democratic method. This matter needs years of experience through which the Malaysia people should learn the democratic practices and it is necessitated to teach the Malaysian people how to succeed democracy in Malaysia. The study has divided into four chapters, the chapter one the theoretical frame of democracy the chapter two includes the political and constitutional Institutions in the in Malaysia's system while the chapter three includes essential elements on which the democracy in Malaysia relies, The chapter four includes the assessment of democratic experience in Malaysia. The study has reached to a set of results, including the Malaysian Government has formed a special form of democracy that suited with the Malaysian reality, It is assuredly that the Western democracy does not apply on all, but it applies on some nations, especially, many developing nations, including Malaysia have adopted such type of democracy that includes competitive election, parliament, protection of general freedoms, separation of powers and rights protection, These dimensions represented essential elements of democracy; the example of Malaysian democracy is a developed one and succeeded in many sides since it could absorb and assimilate multi - religious, cultural doctrines; besides, keeping the political and social stability and economic development, This system preserves types of capital and economic sides, where it collects economic policy and liberal capital from one side and the governmental interferences into economy from other side. It could say that this system works on instilling the national feelings within the Malaysian people, This sole practice of democracy ensued from the role of the leaders and political elite for securing the political and social stability along with the economic development in the stat

الافاق المستقبلية للعلاقات اللبنانية - العراقية == The Future Prospects Of The Lebanese / Iraqi

اسم المؤلف: عليا عبد الله محفوظ
اسم المشرف: عبد الامير محسن جبار الاسدي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ان جذور العلاقات اللبنانية / العراقية مترسخة في اعماق التاريخ منذ الاسطورة العراقية "كلكامش" حين عزم الاخير للسفر الى غابة الارز ليقضي على الوحش خمبايا الذي هو سلطة الشر التي تجثم فوق لبنان، ليخلد اسمه هناك في سجل الابطال الخالدينتبحــث هــذه الدراسة فــ | Its astudies of Search the subject in the future prospects of the Lebanese / Iraqi relations, aswhere it has affected local events for both countries and the Arab and regional events and even international on the nature of these relationship in the past and present, and as well as of the outcome of the nature of these relations in the future, and follower of these relations will finds, historical significance, economic and social factors in the bilateral relations between Iraq and Lebanon, these historical events refers since the dawn of history to this day to the importance of both Iraq and al - sham for protecting of the Arab region. Especially as the defense of Iraq or Egypt starts from al - sham , Iraq's oil are form the most sector the importance of Lebanon in the economic side, and it overshadowed cooperation in the Iraqi / Lebanese relations feature when the bilateral relationship is as in the establishment of the two stage until independence and beyond. Agreed the Iraqi and Lebanese positions on Arab issues, including the partition of Palestine and the war in 1948 and the position of the Baghdad Pact official pro decision is not popular, and the Convention on the Camp David, and Lebanon rejected to the economic blockade imposed on Iraq since 1990, etc. while had the effect of Arab parties on the Iraqi / Lebanese relations, the negative on those relationships, particularly Egypt and Syria, and the last is the most party effect in these relationships, and the impact of the Gulf crisis in (August / 1990) negative cast a shadow over Lebanon, especially on relations General with Iraq, came as the US occupation of Iraq in 2003. The sovereignty of the state of chaos and lawlessness, two thousand and security in the country, according to US schemes which led to the dissemination of the Lebanese model in Iraq, came to the resolution on Iraq in 1546. Similar to the resolution (1559) that has divided Lebanon and ended the Syrian military presence in it, have revealed this stage, serious developments in Iraq and Lebanon, in line with the scheme which the United States is implemented throughout the Arab world, under the pretext of reform and bring freedom and democracy to its people through the internationalization of its issues and interference in its affairs, and the establishment of the so - called "Greater Middle East".We have chosen this title of the subject for a master's thesis under the supervision of Dr. Mohsen Abdul Amir Jabbar al - Asadi and Ahec motives for selection are : 1. Importance of the issue, the issue is extremely important for both countries, that the status of Iraq in the region made it one leads the most important roles in the Arab world, the most important sources of Iraq's power, matched by Lebanon and its strategic role in the region, it is inevitable to have a relationship that the two countries some influence on the Arab world in positions of Arab, regional and international events. 2. Understand and keep track of how far there are no specific controls movement seizes Lebanese / Iraqi relations.3.. Find out which factors most influence on the Iraqi / Lebanese relations4.. My willng in writing the first academic study looking at the Iraqi / Lebanese relations, and filling the Arabic library in this important relationship between Iraq and Lebanon.5.. Giving back had to my second Iraq, which gave me a lot and gave me what I did not submit my mother( Lebanon). The study starts from the basic premise that : - That despite the importance of Iraqi / Lebanese relations, there are conditions and variables prevented to be a relationship at one level, as each event a certain stage of relations attributes that distinguish them from other stages, left fingerprints on the relationship between the two countries, hence the hypothesis presented a lot of questions Perhaps the most important : - Iraqi / Lebanese relation runs from the common Arab interests and what are the factors affecting both countries in their relations with some, and the reflection that the influence of the position of the State towards other on the one hand and towards the Arab events on the other hand, what are the most influential factors. Are there determinants of relations between Iraq and Lebanon,.ohl events experienced by Iraq had a reflection on Lebanon and vice versa. Is that the change that has plagued Iraq after 2003, contributed to the development or deterioration in the relations. Is there a future relationship scenes in the presence of the determinants for both parties. As a result of the above it can be accessed following the fact that the future Iraqi relations / Lebanese rely on the two countries themselves, through a true partnership in cooperation, especially with the presence of catalysts mentioned above, and concern corrects the domestic arena, hoping to reach the maximum cooperation, to have every one of them the power to the other and back him in the common crucial issues and in the public interests and this is a spectacle expected from the Lebanese / Iraqi relations of cooperation, particularly since the Bbnh Iraq became very clear and therefore assumed that there is a perception of what urges in the region and achieved through Iraq, Lebanon, Syria and Egypt... etc. So requires especially the Iraqi and Lebanese Arab interests of achieving maximum cooperation to overcome the internal and benefit crises of other people's experiences in the wrong crises and address them and move them forward towards a common Arab interests and miss the opportunity to sight decline and collapse in Arab relations / Arabic, including the Lebanese - Iraqi relations

التطورات السياسية والدستورية في تركيا للمدة 1980 - 2014 == The Political And Constitutional Developments In Turkey For The Period 1980 - 2014

اسم المؤلف: عبد الرحمن بهلول رستم الشمري
اسم المشرف: احمد عبد القادر مخلص القيسي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: ان هذه الرسالة التي تحمل عنوان (التطورات السياسية والدستورية في تركيا للمدة 1980 - 2014)، تتكون من ثلاثة فصول، فضلا عن فصل تمهيدي ومقدمة وخاتمة, ففي الفصل التمهيدي تم البحث في تاسيس الجمهورية التركية مبادئها وتطوراتها، في حين تناول الفصل الاول الانقلاب | The current study titled (political and constitutional developments in Turkey for the period 1980 - 2014), consists of three chapters, as well as preface , introduction and conclusion. In the introduction, it has been focused on the foundation of the Turkish Republic, its principles and its developments, while the chapter one includes the military coup in 1980 and its consequences on the political system later on , the chapter two dedicated to discuss the political developments in Turkey after 1990, the chapter three assigned for the most important political and constitutional developments of the justice and development Party's ruling , for the period 2002 2014. The Thesis has discussed political and constitutional developments in Turkey after the military coup in 1980 and the consequences of this coup on the course of Turkish political events later. Under this dilemma , it has been raised several questions about the origin and establishment of the Turkish state along with its later developments on the phase of establishment as well as the phase , which came after the military coup in 1980 and its severe developments on the Turkish political system after 1990, and how the Justice and Development Party was able to succeed in its political project and has gained the support of the majority of the Turkish people since 2002 to the present time. The hypothesis of thesis has indicated that the Turkish Republic has witnessed political and constitutional significant changes as a result of internal and external circumstances , top of which was the struggle between the military and secular parties being as protector for the secularism's principles in the country on one hand, and Islamist parties on the other hand, until the conflict got settled between them by preventing military interventions in political affairs. The political struggle got stable , definitely after making several constitutional amendments in line with the further democratic gains and to raise the level of public freedoms in the country in an effort to achieve requirements of joining the EU.The thesis has included a set of most important conclusions : 1st. Turkey is considered as a model for the countries in which the military plays a major role in political life, we find the Turkish military's impact was evident in the Turkish political life, and this shows that the role of this institution is not limited to the defense of the homeland but also the preservation of the political system in accordance with the definite principles 2nd. In respect to the political and constitutional developments during the period from 1980 - 1990, it has been witnessed series of political and constitutional significant developments, perhaps the most important of which is a coup carried out by the army in 1980, and later on developments caused by the coup in the Turkish political system. These developments included various institutions in Turkey, such as the legislative, executive and judicial power. 3rd. The Turkish political system after 1990 has witnessed the rise of anti - secular currents. These currents are represented in the political Islamic forces , which quickly collided with supporters and protectors of the secular trend of the state and most especially the military establishment, which tried to defy and suppress this return to Islam as a political system of ruling in Turkey. 4th. The accession of the Justice and Development Party to power in November 2002, contributed into weakening and undermining the political role of the military establishment, through the constitutional reforms led by the party, despite the adoption of the constitutional reforms, particularly those concerning the role of the military in political life, and reduce the role of the national Security Council of Turkey for the purpose of joining the European Union 5th. Turkish identity crisis is in general and the Kurdish issue in particular of the major crises suffered by the Turkish Republic since its establishment in 1923 and until now, this crisis has formed political , security, economic and social concern for the successive Turkish governments. Now the accession of the Justice and Development Party to power has made some positive steps that will help in solving the Kurdish issue through the development of Turkish majority - dominated regions and has given them some cultural rights, and trying engaging them in the political process. In the first time in Turkey a Kurdish political party could reach to the Turkish National Council and this matter makes the Kurds endowing with hope to achieve more accomplishments and gains in solving their matter

ازمة رئاسة الجمهورية في لبنان : دراسة في الاسس والابعاد المستقبلية == Crisis Of Presidency Of Republic In Lebanon (Study In Future Bases And Dimensions)

اسم المؤلف: سالي سعد محمد الفراجي
اسم المشرف: ناظم نواف ابراهيم الشمري
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: لبنان بلد عربي متميز بطبيعته المحيرة التي انتجت دولة هي الاحدث من حيث مفرداتها الاساسية لكنها الاعقد والاكثر تازما عن غيرها من الدول العربية الحديثة، لانه شهد احداثا اكثر من اي دولة عربية اخرى، وخاصة على الصعيد الداخلي الذي انهكته الحروب الاهلية، والطائ | Lebanon is considered a distinguished Arabic country in its confused nature that lead to modern state according to its essential items, but it still most complicated and most aggravated than other modern Arabic country.Lebanon has witnessed events more than other Arabic countries ,especially on the interior level.the civil war and sectarian that have exhausted the abilities on different aspects that accompanied the walk of the political organization since the out set in 1920.......and continued till these days.on the external level Lebanon was distinguished as an associated member with abroad.these connections and interferences did not allow Lebanon to establish institutions of a strong in depended state; therefore Lebanon became an example of anarchy ,violence, riot and consequently to this circumstance of crises and problems that reflects the deep danger surrounding this country.Lebanon could be threatened because the chain of wars and events that cause a negative effect on its political stability and engaging the regime in many complications.so, I attempt in my thesis to present an academic study about the crisis of republic presidency and its whys and wherefores on the Lebanese situation.I have divided my subject into three sections.The first ;discussing the Lebanese political modern organization and offering the political circles and the political, social, economic situation and the outstanding features of these politics.Section two; we have discussed the details of the presidential crisis on the different historical phases that Lebanon has witnessed of developments and crises in republic presidency and their political ,economic and social influence on the Lebanese situation and on the republic presidency position.Section three; discussing the ability of the regime to find the solutions to reduce the traces of the crisis and its futuristic results according to its continuity or its progressions.The thesis concluded in significant recommendations the most important issue is the presidential political voiding in Lebanon merely a results of in harmony interior deterioration. There are many factors contributed in scattering this harmony and the failure to get agreement.The contradictory in the foreign situations [international, regional]that concerned to the Lebanon affairs, consequently undermined interior situation and became connected to the foreign countries with strong ties. Thus the Lebanese decision subjected to the changes and events inThe international policies and the Lebanese decision of the republic presidency depends on foreign powers.

اشكالية التحول نحو النظام الفيدرالي في العراق بعد عام 2003 م == Problem Of Trans Formation Federal System On Iraq After 2003

اسم المؤلف: احمد عامر كاظم
اسم المشرف: ابتسام حاتم علوان الدليمي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تتكون هذه الرسالة فضلا عن المقدمة والخاتمة، من اربعة فصول وفي كل فصل يوجد مبحثان، وفي كل مبحث يوجد مطلبان حيث خصص الفصل الاول للبحث في الاطار النظري للفيدرالية. في حين تم مناقشة تطبيق النظام الفيدرالي في العراق في الفصل الثاني. اما الفصل الثالث فقد تناول | The present paper includes four chapters in addition to introduction and conclusion ; in every chapter , there are two parts , each part includes two units. The chapter one is assigned for theoretical framework of Federalism, while it has been discussed the federal system in Iraq in the chapter two. The chapter three where the researcher deal with bases of establishing new territory in Iraq added to Kurdistan territory. In chapter four the researcher has alluded to obstacles. The thesis aims at : What are the Factors motivated to establish new territory in Iraq? What are obstacles ? These problems excite another set of questions including - What is the theoretical framework for Federal State? - What is the legal framework for federalism in Iraq? - How has federalism been applied in Iraq? Hypothesis : Iraq adopts federalism quickly and under difficult conditions and unnatural conditions. At the same time , federalism is a culture and needs to awakened political elite and this is unavailable in Iraq. Thus , the researcher does not expect to form new territories in a definite period of time , if establishing these territories , it will be in a hurry and by an external interference. Consequently, it will form a danger on the unity of Iraqi State in future. The thesis includes a set of conclusions : 1st : In respect to Federalism 's theoretical framework : The state is simply included people ( people is a set of individuals either ; territory has boundaries and transparent signs. People live under political system that manages their life and their conditions. The federal state consists of people and political system; the difference between the usual state and federalism is that , the political system concedes part of its powers for the benefit of governments formed inside the state and managing some states and territories. Secondly : Federalism in Iraq between Theory and applicationKurdistan territory has been established in 1992 ; federalism application has been expanded as to include all Iraq according to the law of Iraqi state for the transitional stage for 2004 and Iraqi constitution for 2005. Years following the enacting of the permanent constitution have not witnessed forming any new territory in Iraq and Federalism has thus remained merely materials in the constitution. Thirdly : Forming New territories in IraqDespite there are justifications motivated toward forming a new territory in Iraq including social, political, economic , external , territorial and international justifications, but there have obstacles having internal and external dimensions ( Territorial and international) If we want to scale to what extent these factors motivated toward forming territory , we will find that these factors calling for forming the territories are more larger than those standing against them. Recommendations the thesis suggests are : 1st : Doing Cultures for Federalism : Previously, the federalism is a culture , the more the people and the governing political elite have endowed with this term , the more success will be gotten. Thus the researcher see that it is necessarily to have campaigns for culture and awakening either by the people or political elite. 2nd : Preparing for applying Federalism Federalism is part of all and it is not away from other economic , social and political obstacles the state lives under. The more opportunities are available , the more success will be there. On this basis , it should depend on removing obstacles standing before the application of federalism and achieving integration , building federal state in a correct way, forming a federal council and then we could form new territories in Iraq. 3rd : Federalism could have been not imposed from outside Iraq, but rather it ensued from the people. This basis is applied on Iraq. If the political system could not cease external interferences ( international and territorial) , the federal experience will remain suffering from problems and defects. Thus the important step is to cease external interferences before establishing territory.

العلاقات الكويتية - الايرانية بعد عام 1990 == Kuwaiti - Iranian Relations After 1990

اسم المؤلف: هارون موسى حسين
اسم المشرف: شوقي علي ابراهيم
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Historically, the relations between the countries is not without the problems and crises in spite of the existence of cooperation and understanding between them, so we cannot predict this stable relationship on one of these two methods in absolute case, as well as cannot reach the breaking point of their relationship because they lead to a crisis and turn up to case of conflict.In the Kuwaiti - Iranian relations obviously, it does not carry an exception. They are acting in foreign relations, in accordance of their national interests through the political leadership of this interest.As long as they belong to the Arabic Gulf region with its east and west coast ,its strategy importance stems from being first (location),second (wealth), the ancient geography of the fact , and the second contemporary economic fact have been compounded by two facts together to impress them of this importance.In addition, Iran and the Arabic Gulf countries except Iraq, they act the two columns, which is based on them western presence in this vital region.Geopolitical location of the two countries, despite the significant difference between them as population ,and area are considered the most important of the Arab Gulf countries to enjoy it from this important site because they are located in the strategic triangle that include them with Iraq in the region to meet with an island (Musandam).They also considered the main corridor logistical for any ground force heading to and from the region of the heart, and they constitute the first land port and facilities for the logistics of any naval force if it wants to dominate the (Eurasia) or the heart area, so they conflict center not on the Gulf land alone, but to hold on and control of the heart of the world, then control the destinies of the world, also featured its importance within the Gulf region because of its proximity to middle Asia, a vital region both from a strategic point of economic or security, this is the first subject of the first chapter, where bilateral relations continue through political, economic, cultural and security motives in the second subject of the first chapter in the mentioned period of the Shah's rule since (1941) until the year (1979), which was a (West policeman) in the Arabian Gulf region. The bilateral relations in the Gulf region publically are in favor of the Shah's Iran by seeking obviously to control the west coast, which includes six countries , in addition to Iraq and Yemen, especially the Gulf region has become a milky cow like India previously for United States and Western Europe, as well as it was considered as a first line to confront the Soviet Union and its vital scope in the region for the benefit of the Western camp.The fall of the Shah in 11/2/1979 led to the collapse of one of the dominant western presence in the region and the collapse of the east west gate columns led to an imbalance in the Gulf region after the Islamic revolution in Iran, which has sought to exit the west from this region that the United States is considered by (the Great devil) who must fight it and away from the region and its strategic security.The United States has sought to strengthen its ties strong bonds through its military presence and its alliances with the west coast countries, and limit the spread of the principles of the Islamic revolution and its ideology, which culminated in a year (1980) Gulf war first (Iran - Iraq war), followed by the establishment of cooperation of Arab Gulf Countries Council in (1981 ), which Iran is considered as the arrow directed against it by military force named (Island shield).Second chapter deal with the duration of the (1990 - 2000) and search within them the most important variables in the Gulf region and nearby it as an Iraqi invasion of Kuwait in (1990) ,and the Second Gulf War in 1991 and the collapse of the Soviet Union in 1991 and the disintegration of it countries , followed by influence motives of these variables that have occurred in the mentioned period.Third Chapter deal about the changes that have occurred in the period (2000 - 2015) which events (11 / September / 2001) then the US invasion of Afghanistan in the same year ,followed the US invasion and occupation of Iraq (2003), and put Iraq under seventh item , then the problem of Arabic revolutions or the so - called (the Arab spring) , All these revolutions and changes in the mentioned period caused by direct impact or indirectly on the Kuwaiti - Iranian relations in the first section, while emerged directly impacts on these bilateral subject, through the Arab regional way and non - Arab, as well as the international influence on these relations, while fourth chapter looking dispute between the two countries especially the political, ideological and cultural sides ,but the determinants continue to impact on the bilateral relations. The fourth chapter of the second subject was ended by its future vision through continuity in the classic track or retrogression of relationships by rule or acting of the regional and international impacts ,but not to finish it.Then search pre - last paragraph (Conclusion) the existence of conclusions through analysis and personal vision of the researcher.Furthermore, the resources was fixed at the end of the thesis

دور المملكة العربية السعودية في امن الخليج العربي منذ عام 2003 == The Role Of Saudi Arabia In The Arabian Gulf Security Since 2003

اسم المؤلف: مروان حميد محمد العيثاوي
اسم المشرف: عبد الامير محسن جبار الاسدي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The subject of the study marked "the role of Saudi Arabia in the Persian Gulf security since 2003," one of the important subjects, which raises controversy in academic and political circles, because of the Gulf region of great strategic importance on the regional and international level, the significance make it an arena for competing regional and international, which led to live this region of instability in the security, because of vulnerability to the policies of regional countries and international, The variables in the region since 2003, imposed new elements of threat and instability in, Which led the states in the region to pursue policies that fit with the size of the threats facing the security of the Gulf region, led by Saudi Arabia, Those existing policies on the basis of the act and the initiative about the issues that affect the security and the security of the Gulf region in general, the US occupation of Iraq in 2003, the issues of terrorism and the proliferation of terrorist groups, and the issue of Iran's nuclear program, and the change in the Arab region in late 2010 and early 2011, and the repercussions that still to this day, all of those issues have had a direct impact on the security of the Gulf region, so the back of the Saudi role in a manner strikingly, in terms of becoming a, in order to commensurate with the size of the influential threats in Saudi Arabia's security, especially the security of the Gulf region in general.Therefore, the study came to approach this role, through two pillars, namely : What are the internal and external factors that have had a significant impact on the Saudi role in the Middle East region in general, and the Gulf region in particular, what are the variables that had a direct influence in the Arabian Gulf security and how these variables affected the Saudi role in maintaining that security. So; it has been study is divided into four chapters, each chapter inbuilt many detectives and paragraphs, as it included the first chapter : Internal factors affecting the Saudi role, and was divided this chapter into two sections; the first includes physical factors (fixed), the geographical location, The population factor, and economic and military; the second section included moral factors (changing), Saudi Arabia's political principles like the religious factor. Chapter II also went to identify the external factors influencing the Saudi role, which has been divided into two sections also namely, First : the regional factors affecting the Saudi role (Gulf Cooperation Council countries, Iran, Turkey, and Israel), while the second topic : international factors affecting the Saudi role, which we dealt with it all of (the United States, the Russian Federation and the European Union). The third chapter was addressed to the variables that affected the security of the Gulf since 2003 and the Saudi role in those changes, as it has been divided into three sections, which included the first topic : the US invasion of Iraq in 2003, which dealt with the repercussions of the invasion of the Arabian Gulf security, position Saudi invasion, as we discussed in the second section : Iran's nuclear program, as it has been identified on the developments of the nuclear program after 2003, and how they impact on Gulf security and what is it the position of Saudi Arabia; The third section went away to study the emergence of terrorist organizations and the war on terrorism, as it has been identified the concept of terrorism, and the impact of terrorism in the security of the Gulf and the Saudi role in the war on terrorism. Therefore, it is in the fourth quarter has been studying and analyzing the impact of the change in the Arab region in the Gulf security and the future of the Saudi role, as it has been this chapter is divided into four sections, the first : the causes of the phenomenon of the popular movement in the Arab region, and the second was addressed to the Arab States of the change, the third : the popular movement in the Gulf, the impact of security, while the fourth section scram study the future of the Saudi role in the security of the Arabian Gulf.

التاثيرات الاقليمية والدولية في عدم الاستقرار السياسي في لبنان بعد الحرب الباردة == Regional And International Influences In The Political Instability In Lebanon After The Cold War

اسم المؤلف: علـي حسـن هويـدي العبادي
اسم المشرف: ميادة علي حيدر الخالدي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Opinions differ about the history of the past to Lebanon, including the magnitude of the wars and conflicts of civil and chaos of that which tries to some parties and groups sectarianism and some intellectual currents Hide disputes and objectives and strategies in order to take root in the arms of a new type of governance in order to take a later international legitimacy and when passing the civil war of Lebanon in 1975, their causes, we find that most of these reasons were not sectarian only political, but also social, cultural, political, regional and international, overall these reasons have contributed to Lebanon's political stability on the grounds that the Lebanese civil war, caught within the logic of escalating social crisis in the country and here appeared territorial dispute factors role detonator the bomber of the war.As part of the transformation of Lebanon into an arena attraction and a clash about his identity, whether it is a country that belongs to its Arab environment (, Muslims and Christian) or is it part of a Western influence leads the purposes of foreign interference in the region and keep it vulnerable to the adverse effects of instability. Where it was the paradox of governance and government in Lebanon that led astray captivated benefits imminent often do not have the power and no strength and Okherha funding of the killers of former Prime Minister Rafik Hariri court Lebanon estimated to remain in contact with a range of issues up often to the level of crisis. But what soon came to the Taif Agreement that characterized Balbrgmatah and presented the best chance to move Lebanon from chaos and war and economic collapse to the peace phase and the rebuilding of state institutions and the installation of a central authority, constitute a new opportunity for coexistence among the Lebanese is based on the same admissibility of balance does not abolish political sectarianism, but restores the drafting of inter - communal relations on the basis of greater participation of Muslims in power at the expense of what he enjoyed the privileges of Christians, particularly the Maronites of them.So that the Lebanese issue, historically linked to the Middle East issues and chronic problems, and remained a loophole through history performs them freeloaders to blow their struggles and ambitions on the land of Lebanon

مكانة المانيا الاتحادية في النظام الدولي

اسم المؤلف: صابرين قاسم عبد
اسم المشرف: مصطفى جاسم حسين البهادلي
الموضوع العام: العلوم السياسية
السنة: 2016
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي : دراسة مقارنة == The Discretionary Power To The Judge In Relations To Persons With Foreign Elements Comparative Study

اسم المؤلف: نجاة كريم جابر الشمري
اسم المشرف: عبد الرسول عبد الرضا جابر الاسدي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الخاص
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بابل
الصفحات الاولى:
المستخلص: ان السلطة التقديرية للقاضي في العلاقات المتعلقة بالاشخاص ذات العنصر الاجنبي تلعب دورا مهما وحاسما، هذه الفعالية التي يملكها القضاء في اطار هذا القانون تتسق مع فلسفة وجود القانون الدولي الخاص , فهو قانون لا يقوم على الفردية والانعزال، بل على الانفتاح | The discretionary power of the judge in relations relating to persons with foreign element plays an important and critical role, this event is owned by the judiciary in the framework of this law that are consistent with the philosophy of the existence of private international law, as a result of the expansion of the legal Relations to persons and their movement across the border from one country to another ,therefore Private International Law does not based on individual and isolation ,but on the openness between the countries. Perhaps this diversity and dispersal is the one who justified the lack of full rationing to deal with all disputes concerning about them, which throws all its weight on the judiciary to exercise an important role in this relationship because of its discretionary power in assessing each case alone , judiciary as a last resort for litigants him to govern justly among them and it cannot be invoked or to decline to do so under the cause blurred text or lack of it, has resulted in this changing reality (the decline of the role of the legislature) to give a large area of the judiciary in that used his discretion and diligent essayed industry solutions in cases of non - existence of the text, and even he with a text by hypothesis, in some cases, that complements and enhances this text exist and starts Bmle legislative blanks.In the field of international transactions in order to reconcile the data and the requirements of real - life relationships relating to persons with foreign element. Legislature and Judge works both according to the theory of extensions and integration, the former security need for the survival of his role limited to general guidelines because of the lack of its potential to familiarize themselves with all the details and facts divisions and complexity of the ever - changing changing human needs, the legislature by seeking that he wanted to give the judiciary the possibility of this confrontation has grown and grown this role to spend more and more, especially in the legislative and judicial pluralism countries. As notice that most legal systems moving toward granting the judge wide discretion power in the works effected Rule as is the case with English law as the law is codified (in accordance with the case law), so it gives to judiciary the force of law the judge is the one who makes the legal Rule and establish it through judicial actions, and in return, others as Germanic legislation abandoned the idea of arbitrary discretionary power or absolute.The judge use the effected Rule so that no longer have a presence in the field of nabimal judiciary when separated in the Relationships of foreign element because they lead existence of the State of illegal controlled by arbitrary and no room to estimate the but succumb to the wishes and desires of the judge and this cannot be taking it in practice, so it requires that the judge proceed with his work in the light of the disciplined law source, judge exercised his authority and derives its mandate from the legislature, which defines the scope of this authority in accordance with the provisions of the legislative detailed, as is the case in matters of personal status such as marriage and divorce.We have made clear from our study that the judiciary in general and the resolution, in particular, is not correct on its own, but higher courts monitor the application of the judge to effected Rule, as a national legal basis in order not to lose the power and the limits are exceeded by the judge, the Judge makes a binding good interpretation and application, whether it is losing sight of the Judg application , despite the availability of the conditions applied, or applied automatically without respect for the principles of impartiality of the judge and respect for the rights of the defense or it comes to make a mistake in the application, as a national legal Rule whether to adapt the legal issue in spite dispute or in the application of effected Rule where properly applied, or in determining the scope law ascribed to monitor the conditions applied, whether this rule double or single side, whatever the nature of the rights as regulated by the judge erred in that the judgment be set aside for the violation. That's what my study focused about what he should be enjoy with discretionary power to provide protection of the peoples, Rights , and perhaps difficult point of this issue lies in the comparison between the states legislation that we have taken exclusively as the civil law of Iraq, Egypt of one hand, and civil law of French, English on other hand. What is worth point out that the aim of this study , but a detailed vision for the discretionary power of the judge, Through Limits of this power in the framework of the special nature of relations to persons with foreign element in order to improve and encourage national transactions across international borders in accordance with this the idea we will try to prove in this modest study, the discretionary power of the judge in relations to persons with foreign element and that these terms were instrumental, but I weighed used to my belief in the significant role played by the both of them, Sometimes as we said before the judge gives discretion was the latter represented are known authority of appreciation, a flexibility that you get a tacit agreement between the legislature and the judiciary, which the legislator seeks its report to events or imported balance character between change reality and rigidity of the text in order to keep abreast of new developments in the framework of the reality of life, and this role can be termed without hesitation role of supplementing the work of the legislature, and in humble appreciation that the latter role is in the discretionary power inherent in the work of the judge, and at other times narrow and lacking the authority of the judge in the framework of legislative texts with legislator scope to the discretionary power of the judge. detailedAccordingly, this modest study will take care of, to study the features of the discretionary power of the judge in relations to persons with foreign element in terms of concept of the discretionary power of the judge and distinguish them from adapting, and what limits the scope of outstanding personal rights relations, as well as relations relating to personal status.

دور الادعاء العام في حماية المال العام في العراق : دراسة مقارنة == The Role Of General Prosecution In The Protection Of Funds In Iraq ( A Comparative Study)

اسم المؤلف: ایاد جعفر علي اكبر الاسدي
اسم المشرف: هدى هاتف مظهر الزبيدي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: اصول المحاكمات الجزائية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: The aim of thesis is to shed light on the role of the General Prosecution in protecting of public funds in Iraq and to evaluate this role, based on the objective which is stipulated in Article 1 of the General Prosecution Law No. 159 of 1979, which is effective and the purpose for which it was found, (Public interest) or public right. The General Prosecution is considered the agent and the legal deputy of the society in the defense of his legitimate interests and rights.According to the importance of public funds in the conduct of the State's activity and public facilities. And it has an effect to achieve economic, military and security stability and its reflection on the public interest, this has made the legislation seek to provide adequate legal protection for it. The protection of the General prosecution is one of the protection types, as a procedural protection is not limited to the criminal side of the power to initiate criminal action against the public right to crimes in general and corruption offenses in particular, but extends to the civil side of intervention and presence in civil proceedings to which the State is a part of it or claim civil rights arising from criminal case.These papers aimed to shed the light on this protection and its effectiveness in achieving its goal, as it became clear to us that this protection in Iraq is weak and without the level of ambition ,due to several reasons, some of them regard to the same system, and others regard to the legislation of the prosecution In addition to the fact that the law when it set the goal of preserving the state funds did not give it special or exceptional means to reach its goal and others traditional jurisdictions, and the research did not deal with its jurisdictions (Before and after the trial),which are general terms of reference for all crimes, but these papers focused on its role in Iraq and its jurisdiction in the field of criminal action in crimes of public funds.As the General Prosecutor's Office in Iraq is not alone in seeking to protect the public funds ,but there are other commissions that have been developed by the legislator, such as the( Federal Financial Supervisory Board), and new commissions that have been established after 2003 such as (the Integrity Commission, the offices of the Inspectors General and the Anti - Money Laundering Office) The relationship between the public prosecution and these agencies in the framework of protecting public funds and combating the corruption, as it has been shown that there is a close relationship between them and they are important news sources for the prosecution's office on corruption cases in addition to others. Also there are several procedural participants, including the Integrity Commission(as an investigative body works under the supervision of the investigating judge and prosecution.The studies revealed the integral role of these bodies as a legal system in which the General prosecution occupies the important role and polarization. The studies concluded that the necessity of connecting these devices technically to the General prosecutor's office in addition to some legislative amendments to the laws that were created In order to activate the role of the public prosecution in the protection of public funds. Also the thesis dealt with the guarantees that have been required by the General prosecution in order to strengthen its role in protecting public funds. The most important security guarantees were the guarantee of independence and the guarantee of specialization. The General prosecution in Iraq , theoretically andpractically, is not independent but it is subordinate to the Supreme Judicial Council and one of its formations , and this is contrary to the Iraqi Constitution, which made the General Prosecutor's Office one of the formations of the judiciary mentioned in article 89 of the 2005 Constitution, These as for the guarantee of specialization are important and needed by the public prosecution system to activate its role as the study concluded that the current structure of the public prosecution is timid and does not meet the requirements of the stage for the public prosecution system in protecting public funds, in contrast to some comparative legislations. Unlike some comparative legislation the Arab republic of Egypt, which formed several specialized bodies including the body of Egyptian public funds our study was compared to some of the legislation, which (French, Egyptian and Jordanian legislation) The comparison does not necessarily mean that such legislation is necessarily the best, but the purpose is to benefit from the experiences of these countries and determine the position of the Iraqi legislation. To choose what suits the country and its circumstances.It should be noted that the draft law of the new General prosecution for the year 2016 was not absent from the researcher where the study covered the points of positive and negative, negative aspects were more than positives, and at the end of the thesis we reached many of the results and proposals, which we mentioned above, The agency in Iraq that the legislator has made the prosecution of the public right is an optional and not obligatory, and not limited to be done by the prosecution, but made it by other agency , and its role is unclear and weak during the stage of investigation and collection of evidence and during the initial investigation stage. the thesis has identified the miscarriages and developedappropriate solutions that the researcher hopes to resonate with the higher authorities and decision makers in IraqWhere the study identified the imbalance and developed appropriate solutions that the researcher hopes to resonate with the higher authorities in Iraq and decision makers...... and last but not least, no matter how much effort, it remains a minor because the perfection of God Almighty, and This thesis is only a modest seed in the path of reform and the advancement of the status of the prosecution in Iraq and its positive effects on the path of reform in the country in general..Praise be to Allah, Lord of the Worlds

حماية مقر البعثة الدبلوماسية في القانون الدولي == Protect The Diplomatic Mission's Headquarters In International Law

اسم المؤلف: مسلم طاهر حسون الحسيني
اسم المشرف: صلاح جبير صدام البصيصي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: كربلاء
الصفحات الاولى:
المستخلص: يحظى موضوع حماية مقر البعثة الدبلوماسية في القانون الدولي باهمية خاصة يتاسس على ضرورة ضمان الحماية الكافية لمقر البعثة الدبلوماسية لتمكين افراد البعثة من اداء وظائفهم على اكمل وجه بوصفهم ممثلين لدولهم كما اكدت على ذلك الاتفاقيات الدبلوماسية والقنصلية , وع | the protection of the diplomatic mission's headquarters in the international law enjoy with particular importance, as it is based on the need to ensure adequate protection for the headquarters of the diplomatic mission to enable mission members to perform their jobs to the fullest picture, as they are representatives of their respective countries. as it stressed on that the diplomatic and consular agreements, and on this basis, the protection of the mission headquarters and all accessories have an extreme importance as a link of communication between the various countries of the world. Consequently the highlights importance of studying the protection of the diplomatic mission headquarters to maintain the permanence and continuity of international relations as well as to maintain the foreign vital interests and protect them from abuse and attacks that are exposed, which imposes on the states to do the necessary to ensure the protection of diplomatic headquarters and to ensure the sanctity according to international conventions measures. The international community witnessing an expansion and development in the field of international relations, and the countries strive to consolidate and strengthen these relations through the upgrading of international cooperation in all areas. Diplomacy considered as the main pillar in the international exchange between all countries of the world, as well as the important role they play in the establishment and the consolidation and deepening of international relations, and through diplomacy many of the disputes and conflicts and problems are addressed and resolved as consensual of the Parties, And to promote an atmosphere of good mutual relations between the countries of the world, and on this basis , all countries sought to establish and set up diplomatic missions, to represent their countries at the other countries, and to reconcile between common vital interests and based on that the consequences of the establishment of diplomatic bodies set up physical entities to those diplomatic missions of buildings and diplomatic headquarters the international community has been concerned with a great interest in providing protection to the headquarters of the diplomatic mission and all accessories, And this protection stems from the importance of diplomatic relations between the countries of the world. It is necessary to say that the protection of the diplomatic mission headquarters constitutes one of the basic rules of international diplomatic organization from the beginning of international relations between countries , because of that the diplomatic mission represents a key element in the formation of the diplomatic mission, and thus represent the physical entity for it and for the state represented by , so that the norms was confirmed in diplomat to secure protection for the headquarters of the diplomatic mission and all its buildings by host country , so that the mission members to perform their jobs freely , tranquility and safety , at the same time the rules of diplomatic law placed obligations on the state and accredited staff missions using diplomatic headquarters for Legitimate diplomatic business and what is not incompatible with the duties and functions of the diplomatic mission. And WITNESS WHEREOF, we dealt this study to protect the diplomatic mission's headquarters in international law by dividing this Search to three chapters where we have dedicated the first chapter to demonstrate the concept of the protection of the diplomatic mission headquarters and scope and the rules governing them within the first section of this chapter , while we dealt in the second part with immunities and privileges prescribed to protect diplomatic mission headquarters and dealt with the exceptions that are provided for the immunity of the mission headquarters, we have dealt in the second chapter with the legal regulation to protect of mission headquarters, in the first section of this chapter we dealt with the legal nature of the protection mission headquarters as well as protect them in accordance with relevant international agreements. While the second section of it dedicated to the statement of the legal rules established to protect the mission's headquarters during the armed conflict, and finally, we search the liability arising from the violation of the sanctity of the diplomatic mission's headquarters , in the third quarter, where the first part of it addressed the responsibility of the host country and its strains and its basis and its effects arising from the violation of the sanctity of the mission headquarters, we dealt in the second part with the responsibility of individuals through the statement of the nature of the violations committed by individuals as well as the statement of sanctions resulting from the violation of the protection of the diplomatic mission's headquarters in accordance with national legislation and international conventions and the phenomenon of attacks and abuses on the diplomatic mission and the headquarters especially in light of the current international situation as one of the most important motives in writing this research.

الحماية القانونية لخدمة البث الفضائي == Legal Protection Of Satellite Broadcasting Services A Comparative Study

اسم المؤلف: بيداء خضير عبيس فضل
اسم المشرف: ميري كاظم عبيد الخيكاني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون المدني
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: القادسية
الصفحات الاولى:
المستخلص: في ضوء التطور المستمر في مجال تكنولوجيا الاتصالات وخاصة في مجال الاقمار الصناعية, اصبحت خدمات البث الفضائي اقوى واهم وسيلة لارضاء حاجة الفرد اللامتناهية للمعرفة, بايصالها المبثوثات السمعية والمرئية الى الجمهور متجاوزة في ذلك مختلف العوائق الجغرافية والحد | In light of the continuing evolution in the field of communication technology, especially in the field of satellites, Satellite broadcasting services the least become stronger and the most important a means to satisfy the need of the individual endless for knowledge, receipt them on audio and video Broadcasts to the public exceeding in various geographical obstacles and international boundaries, Scientific and technological advances have contributed The emergence of so - called satellite That exceeded the capabilities of different means of communication, Greatly influenced the development of broadcasting services And converted from terrestrial broadcasting technology to Broadcast technology via satellite Expansion of technical coverage to include the vast distances of The Earth Which led to the possibility to capture Broadcast signals By receiving stations non directed to Originally transmission Which led to the abuse of Satellite broadcasting services and damaging the approaching offered Hence the urgent need emerged The need to provide Effective legal protection That keep pace with advanced technology Services satellite broadcast And accommodate it, Therefore this study was to address the previous problematic and find appropriate solutions, the fundamental problem around which this research lies in the possibility of protection of broadcasting satellite in accordance with Iraqi legislation services. In this context, several questions arise, including : (1) What should be protected in accordance with Iraqi law? It must specify the target of the protection of services satellite broadcasting, does mean the protection of these services in the protection of broadcasting itself or the content being broadcast. (2) What are the rights that should be granted to the providers of services satellite broadcasting? And if they actually enjoy certain rights does enough to protect them? (3) How should the protection of services satellite broadcasting in accordance with Iraqi law? Is it enough traditional legal means to protect these services? We discussed this subject in three seasons, we have dedicated the first chapter to show the concept of satellite broadcasting services, through a statement of what it is, we have discussed in this chapter types granted to the satellite broadcasting services of legal protection At the level of national and international legislation. The second chapter dedicate to determine the rights of the satellite broadcast services through a statement the concept and determine the legal nature, as we touched it to the owner of these rights through defined and distinguished from the others, and finally the third chapter, which we dealt with the boundaries of legal protection of services satellite broadcasting, And Clarified the scope of that protection and legal restrictions that are set out in addition to determining the means of protection. We have found through research that services satellite broadcasting economic advantage distinguish it from other namely, it's always a paying Whether this contrast directly Agra or indirectly as it may devoid of any form of forms of direct financial payment to be paid by the recipient of the service provider as opposed to made available, but it financed indirectly by advertising revenue or airtime charges. It follows the services satellite broadcasting group rights granted to the offered it, some of which are fixed rights have a firm stance in international copyright law and adopted by most of the domestic laws, include the rights of rebroadcasting and installation, copying and communication to the public, in addition to other rights have been developed to cope with an update on trading in broadcasting services market, which is the rights of access and distribution following the transmitter to be installed. And also introduced additional protection is arranged all the previous rights to previous signals for broadcast. We also found that the legal protection of satellite broadcasting services to be on three levels, the first level is the established legal protection Texts of various laws, while the second level of such protection is to technical protection Using Control How to access To broadcasts, while the third level of protection is represented by devoting legal protection for technical means of protection. We have found through our research to several proposals may be the most important, need to review the definition broadcasting service contained in the (m 1, P 4) of the Iraqi Media Network, Law No. 26 of 2015 on several things including : the exclusion of transmissions over computer networks of the concept of broadcasting and that was transmitted by wireless means, and not to describe broadcasting services for free Because it means that these services are provided free of charge, while the contrast or pay basis element of the broadcasting services. And deal with the problem the absence of legislative organization texts of the restrictions contained on the legal protection of the broadcasting services and emphasize the importance of the restriction on the right of the public to access major importance based on the right to get the information that prevents the exclusive broadcast of the events which are of major importance for the Iraqi society, in a way the events lead to deprive a large proportion of the possibility of follow - up of these events directly or deferred coverage.

الباعث الشريف واثره في التجريم والعقاب == Sharif Motive And Its Impact On The Criminalization And Punishment

اسم المؤلف: هدى علي عنيد كاظم
اسم المشرف: كاظم عبد الله حسين الشمري
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: تصنف البواعث من حيث الوصف الى بواعث اجتماعية واخرى غير اجتماعية، والباعث الاجتماعي هو : (ماتمليه الرغبة في المحافظة على الشرف والكرامة )،ويسمى في قانون العقوبات العراقي بالباعث الشريف وفق ماورد في المادة (128) التي نصت على انه : (.......يعتبر عذرا مخففا | Classified motives in terms of description to a social motive and other non - ajtmaah,social motivation is(matmelih desire to maintain the honor and dignity ), and called on the iraqi penal code balbaos sharif according to the false text of article(128) , which stipulates that (…….itconsidered amitigating excose to commit a crime motivated dishonest…..),it is noted that the iraqi penal code has peen devoid of a special organization balboaos only that he considered legal excuses diluted penalty to be imposed,but the penal code and that he did not draw the emitter foundations and useful rules of thunb when determing its uses during the season in the issues raised before the trial court,But the penal code and that he did not draw the emitter foundations of fixed rules determine its uses during the seasonin the issues before the trial court ,but he took it in some cases,without mentioning him , and did not leave the legislator to the judge the power to describe the motive for certain crimes vaattabrh motive honest and arranged impactand arranged the legal effect of it in terms of mitigation of punishment on the offender ,as is the case in the murder of a newborn child or abort the bregnancy in order to brevent a shame if his mother had carried him a serial killer(article 407 of the Iraqi penal code ), it is admitted that penal laws do not confuse the motive sharif and criminal intent ,as albgat is not an element of the crime and has no effect in the presence or in the terms of the punishment ,if the availability of staff of the crime committed the offender worthy to carry criminal resbonsibility is not a lesson after the punishment maturities ,in cluding paymint the perbetrator of the crime is not a lesson that was conducive honorable or despicable ,it follows that the motive does not affect the existence of the crime ,but its impact is limited to the sanction pronounced,and that mitigation in the limits sbecified by law and in accordance with the authority granted to him in power between the highest and lowest legal limits in accordance with the provisions of articles (130,131,132). Finally the motive on the grounds sharif a factor in the sentence makes him a reason to achieve justice that principle which is one of the principles that mean outgrow their constitutions and laws to achieve that equali

حل الاحزاب السياسية في العراق : دراسة مقارنة == Dissolution Of Political Parties In Iraq (A Comparative Study)

اسم المؤلف: نوال جرو كاظم
اسم المشرف: مهند ضياء عبد القادر
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: بالنظر للاهمية التي تحظى بها الاحزاب السياسية، فقد اصبحت محل اهتمام ودراسة الباحثين في المجالات القانونية والسياسية، لذلك اخترنا جزئية معينة من ضمن موضوع الاحزاب السياسية كتنظيمات وجماعات سياسية تمارس دورا مؤثرا في حياة النظم السياسية، وهذه الجزئية تتعل | According to the importance given by the political parties, it became focused by researchers of legal and political fields. This is why we choose a certain part of political parties subject as an organization and political groups that has an influential role in the political system life and this part deals with parties dissolution by showing the factors and conditions that lead to political parties dissolution. There are many studies on political party and in different political systems, but the focus has always been on the mechanisms of the establishment of political parties, its pluralism and the methods of financing without the theme its dissolution which led to choose the title of (Dissolution of Political Parties in Iraq - A comparative study).This thesis has adopted more than a certain approach to study the subject through the use of the historical method to trace the evolutionary path that passed by the parties, as well as the adoption of the analytical method in the study of the legal legislations that addressed the issue of political parties dissolution by showing political parties regulating legislations since the monarchy in Iraq till present time and analyze its content as well as the use of comparative approach in order to study the issue of dissolution political parties by including the legal texts which organize the process of dissolution the political parties in Iraq and some other comparison countries which has been chosen for the similarity of its political environment and because it have the status of permanence and stability.The details of the study included the presentation of the concept of political parties during the definition of the emergence of political parties, the elements of the political party and the distinction between political parties and likewise all other policy organizations.Also, the obligations that are imposed on political parties were discussed for the principles and objectives of the political parties or liabilities related to the establishment of these parties.We've also dealt with the subject of legal regulation to dissolute political parties through the study of censorship imposed on the activity of political parties and the elements that lead to the dissolute the political party as well as showing case studies of dissolute political parties.Finally, we would like to clarify that the problem of research is the lack of clear provisions that mainly shows the legal arrangements related to the dissolution of political parties and this is because of the weakness in partisan legislations in general which forced us to use more than one approach in this study as well as comparing current Iraqi legislations with the legislations of comparison countries such as Germany, France, Jordan and others

القضاء الاداري المستعجل : دراسة مقارنة == Accelerated Administrative Judiciary Comparative Study

اسم المؤلف: نسرين جابر هادي
اسم المشرف: حنان محمد مطلك القيسي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: Accelerated Administrative judiciary is one of the most important topics in practical life, because following the path of ordinary courts in certain special cases may cause the loss of time, and of damaging the interests of individuals if they delayed their access to judicial protection.So this kind of judiciary was found to solve cases that are characteristic with urgency, and the impossibility of right's delay, because speed is one of the characters of the evolution of life in any community, and it became an essential part in human life. Then it became a duty to develop judicial systems in order to achieve the speed of resolving disputes.And if this obligation is essential in cases considered by ordinary courts, it is a fortiori be a matter of resorting urgent elimination in an easy way, without difficult requirements that hinder the speed and justice envisaged by resorting to urgent justice, especially since the recent legislation aimed that urgent provision shall be achieving all that a party needs if issued in his favor.no doubt that the proper administrative justice and judiciary require scrutiny and give the parties the sufficient times and deadlines adequate to prepare their defense, but on the other hand we see that this deliberate and slow procedures often causes wasting of rights and freedoms and damages that are hard to be fix after the verdicts and judicial decisions are issued, because it is often this procrastination is intentional from one party to gain time and to bring about damage to the other party.And if urgent measures in front of French administrative judiciary have evolved over a century, the urgency in administrative law in Iraq measures did not meet this development, as the legislature did not put any provisions in the State Consultative Council Law No. (65 of 1979) on the administrative urgent demands which leads to the return to the Iraqi Civil Procedure Code No. (83 of 1969 regarding the Accelerated Administrative judiciary, based on article (7/11) of the Act, which approved the application of the procedures set forth in the of Civil Procedure Code when it is not provided for in the law of the State Consultative Council. And then urgent measures remained before the Consultative Council. And then urgent measures remained before the administrative judge in Iraq unknown legal field for the judges and litigants

الاختصاص الاداري في المنازعات الجزائية : دراسة مقارنة == The Administrative Jurisdiction In Penal Disputes A Comparative Study

اسم المؤلف: لبنى عدنان عبد الامير
اسم المشرف: وسام صبار عبد الرحمن العاني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: In the past , the activity of the state was exclusive on traditional functions (defense , security and justice ) and jurisdiction was considering all disputes which astate is a part , but after the world two. The state found it self against deconstruction and ruin , and it was obligliged to intervere in numerous aspects and activities to restrict realising of corpitalin investment of what it represented unfair of the individulal rights and this intervention resuited a lot of dispates generated between the state and the individuals and inorder to face the legislatiue in flatation phenomenon in the penatty aspect and mitigating burden of jurisdiction to consider the most important and critical issues which are more difficult and complex which could be managed outside the litigation , besides avoiding those committed simple crimes from attending courts and lozt to be of criminal instig , besides the administration problem which are in need of flexibility and speed to management which are not existed in ordinary or administrative jurisdiction of what it needed action and schedules often take along time , besides the administration have enough conception of problem and obsticles in interrupted it and it is the suitable authority to find the necessary solution of the problem in the ordinary circumstance and the exception one for all this the legislat or granted the administrationjurisdical authority considering the litigations of some lows and regulations violation of crimes not deserve to face criminal penalties for their simplicity and less importance.The thought of granting judicial authority to set administrate penality was not accepted at the beginning being effect one of the basic principle of the modern state which is seperating among authorities , besides non arability the guarantee penality for the administration signimg them represent opponent and arbitrator at the same time , but this interuption quickly dis pensed with development that accrued , for the principle of seperating among authorities characterized by flexibility which is relative principle based on cooperdtion and balance among the authorities also the legis latros restricted the administration was group of objective guarantees and actions when prating its specialty of jurisdiction to impose the general administrative penality to avoid unfair of using its power to maintain the individual rights and freedom

المسؤولية الدولية الناجمة عن ادارة النفايات الخطرة == International Responsibility Arising From The Management Of Hazardous Wastes

اسم المؤلف: كرار عبد الرضا طاهر
اسم المشرف: هديل صالح الجنابي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدولي العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:

اقصاء الموظف العام من وظيفته : دراسة مقارنة == Pubic Employee's Exclusion From The Job Comparative Study

اسم المؤلف: كاظم خميس كاظم التميمي
اسم المشرف: رشا عبد الرزاق
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: بغداد
الصفحات الاولى:
المستخلص: The keenness of the legislator to improve the public civil service making it necessary to care when choosing the employment staff and stipulating requirement of ability and efficiency in appointing in public office for public interest, for it legislator puts usually conditions that must be met in candidate for public office, it is worth mentioning that these conditions for appointment to differ from country to another, depending on prevailing in that country's legal system. By reference to our Iraqi legislator whereas stipulated conditions the Iraqi legislator several conditions for appointment to public office, it is of two types personal conditions relating to the person of the candidate for appointment, including the requirement of citizenship, a lifetime condition, the condition of the school certificate, including the objective conditions relating to the existence and function, the requirement for the degree of vacancy in the permanent staffing, a decision appointment of the set by law, and other conditions as the legislator put a penalty on failure of one or all of these conditions for the candidate to the public office, an exclusion from public office based on the provisions of Article 62 of the Iraqi Civil Service Act No. 24 of 1960, but the This law did not know this term, and it can be defined the term of exclusion that (it is one of the states or the reasons for the termination or expiration of the functional link between the public employee and the state). In other words, it is breaking the functional link between the public employee and management. It is seen from the above that the career exclusion is the subject of the availability or unavailability of the conditions set by the legislator to engage in public service in order to formalize the legal status of public official on a person, and therefore that exclusion is not a disciplinary penalty imposed on the employee, because the disciplinary sanctions came on exclusively under the discipline of state employees and the public sector Law No. 14 of 1991, and therefore the career exclusion can be definedIt is a legal action exercised by the administration and within the limits of legal powers include the employee from a job as a result of the exclusion of breach of condition and more of the conditions of appointment provided for by law. It is noted that the career exclusion differs from the isolation and separation from employment as their respective terms, conditions differ from each other in addition to the legal implications of each.The importance research study begins and the reason for its choice as the title of our mission the result of psychological, social and economic impact of termination of employment whereas some likening penalty in the Criminal Code on the grounds that it does not only affect the employee but extend to his family, so it was necessary to search as provided by the legislator from guarantees and controls and conditions that may reach the employee from which to cancel the decision to terminate its relationship with the public service through its appeal. On the other hand increased the importance of exclusion in recent times in all Iraqi government departments as a result of the increase in cases , it is was accompanied by confusion evident in the use of exclusion from employment as may resort management sometimes to the exclusion rather than isolation despite the non - applicability of the text for exclusion contained in the text Article 62 of the Civil Service Act No. 24 of 1960 amended, and this between us through resolutions spend own exclusion Court staff.

الالتزام بالافصاح في سوق الاوراق المالية : دراسة مقارنة == The Obligation To Disclose In The Stock Market (A Comparative Study

اسم المؤلف: عمار عبد الرحمن صبري داود
اسم المشرف: وليد خالد عطية
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون التجاري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: البصرة
الصفحات الاولى:
المستخلص: The stock market is one of the main pillars of the economies of the countries in the world today, especially after the trend of globalization, and the reflection of the effects of globalization on all aspects of life, including economic life, there is no doubt that the market growth and its development is only by developing the trust for the investors, by providing the data and the information which contribute to rationalize their decisions, and this can only be achieved if found in the stock market a tool serve as a channel flowing ones that information, and this channel is to disclose information relating to companies listed on the stock market. That's become the obligation to disclose in the stock market is an important way to monitor the company's activities, and to assess its performance, as he is one of the key factors in attracting capital, as it has an effective impact on the behavior of investors, since it increases the confidence rates, and safety among investors regarding for safety and financial company in particular, and the financial sector in general, through made available to investors on all aspects of the company's activities, on the grounds that the investor, whether physically or mentally has no direct means receives them that information, but to rely on information and reports revealed by those the company, for its activity and financial position in the stock market. Therefore, matching the information of reality, make his investment decision founded on realistic data, and vice versa if that information is not conform to reality quickly show him his investment decision is wrong. Based on this, there was an idea in the writing of this research, which contributed to the formation of this idea is the recent stock market experience in Iraq, this experience did not start in an orderly fashion, but in 1991, after the Baghdad Stock Exchange Act, which coincided with the economic sanctions, the recession economy, so it was not the law of any significant role in promoting the revitalization of the economy, and then the Iraqi interim law of 2004, which requires study, research, and scrutiny came, in particular, and he was put on hastily, an interpreter for the law streaked significant shortage, and contradiction, and not clarity, with a brief to organize disclosure in the instructions issued by the market and is related to the disclosure of listed companies, and brokerage firms, as well as the disclosure of proportions affecting and that you need to study and scrutiny, analysis, to identify shortcomings, and how to address them The search obligation to disclose in the stock market is a comparative study, by adopting a plan to discuss this issue aimed at briefing the multiple aspects of him, and in line with its importance, I divided this message in three classes as follows : The first chapter is to demonstrate the importance of complying with the disclosure in the stock market, which included two topics, the first topic devoted to the statement of commitment to the concept of disclosure in the stock market, and the second one to deal with the legal obligation to disclose rooting for in the stock market.The second chapter : it deals with the scope of the obligation to disclose in the stock market, by dividing it into two topics, the first topic deals with the scope of the obligation to disclose in the stock market in terms of the shop, and the Study of the second one deals with scale personal obligation to disclose in the stock market. Then the third and final chapter talked about the statement of commitment to disclose guarantees in the stock market and its breach penalty, which included two sections, the first dealing with the Study of the obligation to disclose guarantees, Study of a second to address the penalty violation of the obligation to disclose in the stock market. Then I have caused those chapters conclusion involving the most important content and the most prominent of the outcome of the search
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