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Internationalization constitutions Theory And its applications in the constitutions of Arab countries

اسم المؤلف: Hussein Hadi sajet
اسم المشرف: Mohammed Thamir AL - Saadoun
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:

الرقابة على الاختصاصات المالية للوحدات الادارية اللامركزية

اسم المؤلف: الهام مطشر هادي العسكري
اسم المشرف: علي هادي عطية الهلالي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون العام
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:

المسؤولية الجنائية عن الجرائم المرورية : دراسة مقارنة Criminal Responsibility of Traffic Offenses A Comparative Study

اسم المؤلف: عمار حميد جلاب العتابي
اسم المشرف: عمار تركي عطية الحسيني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:

الاجراءات الجزائية في جرائم الاتجار بالبشر Criminal Procedure In Human Trafficking crimes

اسم المؤلف: اكرم ناظم كريم النصر الله
اسم المشرف: ناصر كريمش خضر الجوراني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:

الجرائم الماسة بسير العمل في التشريع العراقي : دراسة مقارنة Offenses against the functioning of the Iraqi legislation A comparative study

اسم المؤلف: صفاء فريد كاظم
اسم المشرف: ناصر كريمش خضر الجوراني
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:

ضمانات الحدث في الدعوى الجزائية The Warranties of the Juvenile in the Criminal Action - A Comparative Study

اسم المؤلف: غسان عبد السادة حسن الحميداوي
اسم المشرف: عقيم عزيز عودة
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الجنائي
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: This study sheds the light on the most important warranties that should be granted to the juvenile committing a crime when is questioned by the law according to the international conventions from the principles and the bases that should be taken into consideration during action. These principles are concerned in giving a portion of juveniles a special care during the stages of penal action.The penal portion is given to the delinquent juveniles is acquired a great care for being related to an accused who did not reach the age that makes him pose a danger. They are usually victims of circumstances and personal factors as well as the environment and weakness or to the incomplete psychological or physical structure.Therefore, the special procedures of trail of the juvenile on the basis on base that is different from these of the adults’ trail. Then, the penal procedures represent exception from the general rule of the penal procedures. He study shows the attitude legislations from special international trails of juvenile action.The study concludes that among the most important warrantees of the juvenile in the advanced stage of the trail is the existence of the investigation or inspection bodies that are concerned in dealing with the juveniles as well as making personal studies. The arrest of juveniles should be an exceptional procedure for the shortest duration possible. It should be held in places concerned with the juveniles care and rehabilitation. In addition to that, there are special warrantees the juveniles such as the warrantee of the juveniles’ right to his parent’s presence, to appoint an attorney, assuming his innocence and respecting his privacy.The study also concludes the necessity that the juveniles tribunals should be formed mutually combining the legal and the sociological members. The most important warrantees that the juveniles should have in trail is the secrecy of the procedures, and the conduction of organic, psychological and sociological examination of the juveniles before the trial, in addition to other warrantees related to the ensuring his right in defending himself and applying the system of stay of execution and the simplification of procedures of trail as well as not permitting to execute him.For the most important warrantees of the subsequent stage of the juveniles’ trial we conclude in the study is the judicial supervision over the execution of the procedures issued against the juveniles and the necessity of executing the procedures of imprisonment in juvenile - concerned institutions in which they are rehabilitated according to scientific programs, in addition to the importance of applying the system of conditional release of juveniles by the freedom - depriving procedures for the positive results that resulted from applying the system.In addition to the above, there are important warrantees that are related to the subsequent care programs which the juveniles should be subjected to as a complementary treatment of the rehabilitating institution.

التدابير الدولية المضادة للفساد الاداري واثرها في التشريعات العراقية International Regulation of Anti Administrative Corruption and their effect in the Iraqi legislation

اسم المؤلف: حميدة علي جابر
اسم المشرف: محمد ثامر مخاط السعدون
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Corruption and various forms is an international and internal character of the crime, a phenomenon of countries affected all have not spared any of the communities did not distinguish between a developed country and the other backward has this phenomenon been associated with the presence of humanitarian, an ancient but worsened recently.There is no specific definition of administrative corruption, which means the existence of problematic when researchers in the filming of this term and expression as well as avoid the delegates at the United Nations Convention against Corruption to adopt a comprehensive definition of corruption and limited to business Rea said the course agreement not to give a comprehensive definition of corruption course Mahmoud fearing that lead differences political, economic and cultural relations between countries not to adopt the Convention and to respond to future cases images disclosed administrative system.The research topic of important topics that dealt with the impact of preventive and curative measures adopted by the United Nations Convention against Corruption and other conventions and highlight the importance of this issue in thatthere is no study on this topic specifically which there is not a study looked at the anti - corruption administrative and their impact on legislation and international measures Iraqi precisely in spite of the existence of studies on administrative corruption and its effects and ways to treat some of which dealt with Iraqi legislation which provided for the anti - corruption ways and preventive or therapeutic but did not address the international dimension and the impact of international measures to combat corruption at this legislation. Measures of international anticorruption impact in Iraqi legislation and that the Iraqi legislator with regard to crimes of corruption came in principle compatible with the United Nations Convention against Corruption, whether at the level of general laws or laws did not move away from the provisions of the Convention only as an exception.

موازنة المحافظة غير المنتظمة في اقليم : دراسة مقارنة The conservative budget for non - regular in the Territory of (Comparative Study)

اسم المؤلف: جين ياسر حسين
اسم المشرف: علي هادي عطية الهلالي
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الاداري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: Balancing is the preservation of one of the most important financial instruments owned by local governments , it is played by the nets to measure the level of democratic practice and which is also the determination of the level of the financial and administrative independence to maintain , and which is the social, economic and cultural consequences of unwanted pregnancies by a policy of maintaining the development which should not interfere in principle with the general policy of the State in all fields and the fact that in the field of applied affects all fields they reflect the overall activity of the county , but honestly a mirror of philosophy and the political, economic and social development of the executive authority and objectives of the local and reflect the economic life and to maintain , and thus they represent the best instrument for local decision - making use of the resources available to maintain in accordance with The priorities of the annual plan, which must be in conformity with the policy priorities of the federal State.The budget of the county is the basic document that reflects the extent of the financial independence to maintain which in turn lead to administrative autonomy including lead as a whole to the proper application of the administrative decentralization regime established by the legislature the Iraqi constitution , where the governorates of non - regular territory governed by a decentralized system of both the political and administrative has made the lawmaker difference between political decentralization of administrative decentralization is the difference in the degree and extent and not the difference in nature and substance on the basis that they were both expressions of a single idea and decentralization, including what the multiplicity of in the centers of power , the governorates of non - regular in the region have the right to the issuance of specific legislation on the administrative and financial functioning within the limits of the governorate , spatialdistribution of the legislative authority and is part of the political authorities located within the decentralization policy Consequently, budget (local) to maintain is the local law issued a financial jurisdiction to maintain non - regular in the region , if they are Act of the local legislature.Proceeding from the above discussed the stages of the preparation of the budget of the county and the extent of its independence in the stages of the preparation of the dependence of the local legislature also discussed the budget submission for ratification by the executive authority of the federal government through its reunification with the general budget of the federal government as the legislation from the governorate council which the text of the constitution in paragraph V of the article (122) (not subject to the governorate council and the control or supervision of a ministry or non - linked to the ministry) also the text of paragraph (ii ) of article II and the law of the Governorates of non - regular in the region that the Governorate Council and subject to the control of the House of Representatives, further research in the independence of the preservation of the implementation of its budget, through the examination of the authority granted to the heads of the administrative units and their implementation , as well as the search in the multilateral oversight under which the budget after implementation.

وقف الحصة الشائعة واحكامه : دراسة مقارنة في الفقه الاسلامي والقانون الوضعي WAQF OF COMMON SHARE AND ITS RULINGS COMPARATIVE STUDY

اسم المؤلف: مجيد محسن ناصر
اسم المشرف: حسام عبد الواحد كاظم
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: قانون الاحوال الشخصية
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: The Islamic law defines Waqf as a way of keeping things as it is and liberation of its benefit.Legally, it is defined as unilateral conduct for whoever in charge in waqf, whereas Muslim scholars permit waqf of the common share and transfer its property and partnership as a full - authorized ownership. On the other hand, Iraqi legislator does not regulate the waqf of common share. Moreover, Iraqi judicial has already issued the waqf of common share on the ground of general common rules. Nevertheless, Iraqi jurist allows the waqf of common share by any one of the partners.Therefore, to explain the value and importance of waqf, this thesis is going to be divided into three chapters. The first is dedicated to the meaning of common share's waqf; this is divided into two sections : the definition of waqf of common share, and the condition of waqf.The second chapter deals with the formation of the waqf of common share's contract and its modes. This chapter is divided into two sections; the first section is about the formation of the agreement of waqf, and the second section is about the modes of waqf of common share.The third chapter deals with the state of waqf of common share; hence, it is divided into two sections : the first explains the management of common share, while the second section explains the division of the common share that is partially kept.

التنظيم التشريعي لممارسة الشعائر الدينية : دراسة مقارنة Legislative Regulation of the Religious Rites Practice - A Comparative Study

اسم المؤلف: منير حمود دخيل
اسم المشرف: ميثم حنظل شريف
الموضوع العام: القانون
السنة: 2016
الموضوع الدقيق: القانون الدستوري
الدرجة: ماجستير
اللغة: العربية
مكان الجامعة: ذي قار
الصفحات الاولى:
المستخلص: This study strives to look into the Constitutional and legal regulation of the practice of religious rites. In General ,today the subject of human rights , especially the practice of religious rites ,which takes strong interests and attraction by the researcher and reader either he is specialized in this field or not. Especially it has become today one of the most important human rights and freedom in a world which lives the increasing religious extremism. We can say here that measure of the development and evolution of any society was expounded by the respect of that society of the citizens and their fundamental freedoms and rights.So the practice of religious rites has occupied a special place in the social and legal Reality because it is closely linked to humans, inasmuch the breadth of the of public freedoms subject, we preferred to choose the Legislative regulation of the practice of religious rites - a comparative study - to be the Thesis title. It is important to say that the constitutions differ in their treatment of human rights according to the differences in the social, economic, and political conditions. Through this study, we review the practice of religious rites in ancient civilizations and then give the most important definitions of religion and the practice of religious rites. Then we will review in the Comparative legislation and their regulation related of the religious rites practice in two parts : The first part is the constitutional side and the second part is the legal aspect in the comparative legislation. As well - known most of states in the world resort to including in their constitutions the most significant principals and human affairs, which believe that it’s are able to protect them from violation and alteration, which will negatively effects on this practice. This was confirmed by the constitutional legislator in the United States of America in the in the Bill of rights and the First Amendment and the Egyptian legislator from 1923 condition until 2014 constitution.The Iraqi constitution of 2005 has assured the rights to protect the religion believe and the practice of religious rites, in according some of the constitutional guarantees of practicing this practice, also in accordance with signing many kinds of international agreements related to the human rights and freedom. On this basis, this thesis aims at proving the hypothesis, which demands from the constitutions in the comparative countries to constitutional protection for the religious practice in general. The laws in the comparative countries are guaranteed the protection of the practice of religious rites, based on legislation law without differ enation between individuals according to their race, language, and religion in normal conditions or in exceptional conditions. In addition, how these exceptions conditions may increase the restrictions over the practice of individual to some of their rights and expand the specialty of the executive power at the expense of other authorities in the state. It should be noted, this review has adopted of the constitutional provisions and judicial rulings in the comparative countries and others states.Thus, other means are also worth considering; though, we cannot postulate a fully mature one here, some extra legal solutions were provided in the recommendatory section. Nonetheless, both the legislative framework and its reinforcing consensus guideline will offer a legal safe for everyone in the practice of religious ritesFinally, I have finished this thesis by sitting the most consequences I reached it. Keywords : Religion, Secularism, religious rites, Public Sphere, Pluralism, Tolerance, Religious expression, Extremism