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الحماية الجنائية للاطباء : دراسة مقارنة == The Criminal Protection For Doctors A Comparative Study

Author name: نسرين محسن نعمة الحسيني

Supervisor name: علي حمزة عسل الخفاجي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

التوفيق بين احكام التجريم والعقاب وثوابت احكام الاسلام : دراسة مقارنة == Matching Between Rules of Criminalization And Penalization And Constants of Islamic Rules Comparison Study

Author name: حيدر حسين علي الكريطي

Supervisor name: حسون عبيد هجيج

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

اثر الحكم الصادر بعدم الدستورية : دراسة مقارنة == The Effects of The Judgment of Unconstitutionality Comparative Study

Author name: احمد علي عبود الخفاجي

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

النظام القانوني للهيئات المستقلة : دراسة مقارنة == The Legal System To Independent Bodies Comparative Study

Author name: صادق محمد علي الحسيني

Supervisor name: اسماعيل صعصاع غيدان البديري

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحماية الجزائية للسلم الاجتماعي : دراسة مقارنة == Criminal protection of social peace : COMPARISON STUDY

Author name: محمد موسى جاسم

Supervisor name: محمد اسماعيل ابراهيم المعموري

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحكم الجزائي واثره في الحقوق السياسية : دراسة مقارنة == Penal governance and its impact on the political rights : A comparative study

Author name: زين العابدين عواد كاظم الكردي

Supervisor name: عمار عباس كاظم الحسيني

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحماية الجنائية للاموال الضائعة : دراسة مقارنة == The Criminal Protection for lost properties : A Comparative Study

Author name: منى عبد العالي موسى المرشدي

Supervisor name: اسراء محمد علي سالم

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الاعتداد بالنية في قانون العقوبات : دراسة مقارنة == Considering with intent in penal code : comparative study

Author name: دلال لطيف مطشر الزبيدي

Supervisor name: محمد اسماعيل ابراهيم المعموري

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الاحكام الموضوعية والاجرائية لجرائم الوسيط المالي : دراسة تحليلية مقارنة == Substantive and procedural provisions of the crimes of the financial intermediary : Comparative analysis study

Author name: منى محمد عبد الرزاق

Supervisor name: اسراء محمد علي سالم

General topic: Law

Specific topic: Principles of Criminal Trials

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

حماية حرية الراي في مواجهة التشريع : دراسة مقارنة == Protection of freedom of opinion in confronting the legislation : comparative study

Author name: حيدر محمد حسن عبد الله

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحماية الجنائية للاشخاص من الاختفاء القسري : دراسة مقارنة == Criminal Protection of Persons from Enforced Disappearance

Author name: مازن خلف ناصر

Supervisor name: حسون عبيد هجيج

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحماية القانونية لضحايا الجريمة == Legal protection for victims of crime

Author name: محمد عبد المحسن سعدون

Supervisor name: محمد علي سالم جاسم الاسدي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

اختصاص المجلس النيابي في المساءلة الجزائية لاعضاء السلطة التنفيذية : دراسة مقارنة == The competence of the Chamber of Deputies in the criminal accountability of members of the executive branch : A Comparative Study

Author name: محمد طه حسين الحسيني

Supervisor name: ميثم حنظل شريف

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

التنظيم القانوني لوظيفة مجلس شورى الدولة العراقي في الافتاء : دراسة مقارنة == The Legal System to State Advisory Council in its legal advisory and opinion function : Comparative Study

Author name: مجيد مجهول درويش الزريجاوي

Supervisor name: اسماعيل صعصاع غيدان البديري

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

ضمانات الصحفي في التشريع الجزائي العراقي : دراسة مقارنة == The Guarantees of t he journalist in the Iraqi Criminal legislation : A comparative study

Author name: عادل كاظم سعود

Supervisor name: اسراء محمد علي سالم

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

التنظيم القانوني للشركات الامنية الدولية الخاصة في العراق : دراسة في القانون الدولي العام == Legal regulation of international private security companies in Iraq : study in public international law

Author name: طيبة جواد حمد المختار

Supervisor name: صدام حسين وادي الفتلاوي

General topic: Law

Specific topic: Public International Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الرقابة الدولية على الانتخابات الوطنية : دراسة مقارنة == International Observation of National Elections : Comparative study

Author name: سامر محي عبد الحمزة

Supervisor name: علي هادي حميدي الشكراوي | صدام حسين وادي الفتلاوي

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

قرينة دستورية التشريع : دراسة مقارنة == Presumption of Constitutionality : Comparative Study

Author name: حسين جبر حسين الشويلي

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

حدود سلطة الضبط الاداري في الظروف العادية : دراسة مقارنة

Author name: حبيب ابراهيم حمادة الدليمي

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الحماية الجنائية لوسائل الاتصال : دراسة مقارنة == The Criminal Protection for Communication Means : A Comparative Study

Author name: لمى عامر محمود ناجي

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

نظرية التوبة في القانون الجنائي == Theory of Repentance in Criminal Law

Author name: ناصر كريمش خضر الجوراني

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

النظرية العامة للجرائم الانتخابية : دراسة مقارنة == genral theory of electoral crimes : Comparative Study

Author name: ضياء عبد الله عبود الجابر الاسدي

Supervisor name: حسن عودة زعال حبيب الغانمي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

الضرورة والتناسب في التجريم والعقاب : دراسة مقارنة == Necessity An D Proportionality In Criminalization And Punishment A Comparative Study

Author name: محمد حميد عبد

Supervisor name: محمد علي سالم جاسم الاسدي

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

Abstract: When we study the general authority of criminalization and punishment , especially when we focus on the basis that the legislature depend on them when practice its discretion in criminalization and punishment , we need to study two important doctrines , which are the doctrine of necessity and the doctrine of proportionality.To deal with the aspects which relate to those two doctrines , we divided this study into two parts. The first part deal with the semantic and the legal meaning of the necessity and proportionality. To clarify the meaning of those two concepts we search for their applications in Islamic jurisprudence , and convert to their applications in all legal aspects. In legal aspects we denoted to some provisions in constitutional legislations which mention the necessity and proportionality as an important doctrines to recognize the relation between the state and the citizens. Then we talk about the emergence of those two doctrines in the domain of Private Law especially in its principle branch which is Civil Law. In addition to that , we set up the applications of the necessity and proportionality in Administrative Law which produced several theories about the obligation on all the administrative branches to consider those two doctrines in their activity to do their tasks.The second part of this study is devoted to conceptual meaning and the different applications of the necessity an proportionality in Criminal Law.In this part we talk in details on the criteria of the legislature to preserve the necessity and proportionality in the domain of criminalization and punishment. We explore some examples on the ways of the legislature to make a balance between the individual liberties and the public interest and the means of the legislature to reach such a balance.To make such a balance between the individual liberties and public interest , the legislature have a legislative discretion , but this discretion is different in its level according to the kinds of the rights which constricted by the criminal statute.We clarified that the legislative discretion in the domain of criminalization and punishment is subject to the judicial review.And the level of the judicial review on this discretion is not the same. There is a strict scrutiny on this discretion when the criminal legislation deal with a fundamental right or liberty , otherwise , there is a minimal scrutiny. We search for those levels of judicial review in the comparative courts , in France , Egypt , and the Iraqi Supreme court. After the Almighty God help us to finish this study , we concluded several results , and produced some proposals , hoping that they will be useful for our legislature to achieve the doctrine of necessity and the doctrine of proportionality in the domain of criminalization and punishment to preserve the criminal justice.

السياسة الجنائية في تنفيذ العقوبة : دراسة مقارنة == Criminal Policy In The Execution Of The Sentence Comparative Study

Author name: حسن خنجر عجيل التميمي

Supervisor name: محمد اسماعيل ابراهيم المعموري

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

Abstract: يعد موضوع البحث من المواضيع المهمة لانه يبحث في السياسة الجنائية في تنفيذ العقوبة، بما تمثله لمجموعة الوسائل التي تستخدم لمنع الجريمة او في العقاب عليها، اي انها العلم الذي يدرس النشاط الذي يجب ان تمارسه الدولة لمنع الجريمة من خلال ما يسترشد به المشرع ف | The research topic considers a great importance that revolves around the criminal policy in the execution of the sentence, the penal policy represents a group means used to prevent the crime or to punish it, as it is science that studies the activity that the state must practiced for the prevention of crime and punishment for it through the guiding by the legislature in the fight against crime investigator with the balance between the requirements of the state's right to punishment and implementation of social security in order to protect the interest and the penalty which is to be determined by the legislator and the judge sentenced on every person who commits or abstaining the crime, the law considers it a crime. The stage of execution of the sentence is the stage in which achieved the goal of punishment, and it should work force to achieve power. Implementation is not only deprive the convict the right of his rights according to modern criminal policy, but it is something deeper than that crystallized in the re - sentenced raising him and his rehabilitation of social life away from the risk of deterioration in the crime, though deeply as it is embodied in the implementation of the custodial penalties. The penalty execution considers as a practical translation of the verdict of the criminal conviction, which confirms the importance of this phase and the following phase of punishment for different implementation methods and depending on the quality of criminal penalty. The research is addressing a range of dilemmas seeks to develop an effective criminal policy for the execution of the sentence in order to protect the fundamental interests of society and to achieve greater stability, as well as the need to highlight the sources of the penalty policy, and where they are derived and what is their source, in addition to the execution of the penalty is the ultimate goal, which seeks legislator to achieve after going through several stages, since the occurrence of the crime through the investigation and judgment through the implementation, and we're looking at the best ways and means to ensure their implementation at the same offender, and to the extent necessary for punishment is in line with the gravity of things to do and dangerous criminal without trespassing on his humanity , but versa must search for the best means of implementation to return people together in the community, through the development of rules determined against which the drafting of the texts of the criminal law, the objective was the mother of procedure through which the execution of the sentence ensures the rights of the convict and to ensure that the interests of society, and perhaps the most prominent of these dilemmas about the nature of execution of the sentence is that do you implement the punishment is an act administratively, or pursuant to a judicially, or pursuant to a mixed, and which is a guarantee for the rights of the convict from the arbitrariness of an authority to exclusivity order execution, and at the same time bring us to protect the interest of society in the cropping of the offender and the achievement of the objectives of punishment. The second problem lies in the criminal policy sources in the execution of the sentence, as the law, including the execution of the penalty procedures to find the basis of the will of the legislature, according to the doctrine of positive law, and therefore what is based on the legislator to take his vision to develop procedures for the implementation of the punishment. The third problem about the appearance of the criminal policy of the implementation of the death penalty, as the implementation of the death penalty leads purpose and objective through the implementation within the prison, or to find a public execution in order to lead the purposes and objectives of implementation, particularly in terrorist crimes, to be the instrument of a general deterrence and investigation to justice.The study research in criminal policy in the implementation of the original penalties of corporal punishment and negative sanctions for freedom and financial sanctions axis, as well as criminal policy in the implementation of sub sanctions embodied in the penal ancillary and supplementary penalties and precautionary measures, which is the second part of criminal penalty, according to the provisions of the Iraqi criminal law and some of the criminal comparison laws

مبدا الصحيفة البيضاء في خلافة الدول في المعاهدات == The Principle Of Tabula Rasa In The Succession Of States In Treaties

Author name: باقر عبد الكاظم علي الكرعاوي

Supervisor name: طيبة جواد حمد المختار

General topic: Law

Specific topic: Public International Law

Degree: Doctorate

University: University of Babylon - Faculty Of Law - Department Of Public Law

Language: Arabic

University location: Babylon

First pages:

Abstract: The principle of Tabula Rasa (clean slate) is one of the principles governing the succession of States in respect of Treaties, provided for in Article (16) of the Vienna Convention on Succession of States in Respect of Treaties in 1978 and determined the scope of application of the principle according to this article the newly independent states of colonialism without the other new states arise from the separation with the survival of the predecessor State, or the demise of the predecessor State in the case of solving the state, according to this principle, it proceeds to the newly independent state of international life free from the obligations contained in the treaties concluded by the predecessor State relating to the province of new state back.The principle of Tabula Rasa (clean slate) on a fixed legal grounds represent a peremptory rules can not be violated, including that of the newly independent states such as the right of peoples to self - determination and the principle of equality among States, including with regard to the legal nature of the treaties which ( pacta sunt servanda) rule and the principle of the relative effect of treaties. Full two exceptions to this principle, provided them articles (11.12) of the Convention relating to Article 11 treaties established systems to the international border, while Article 12 established treaties and other regional systems relate.The world is very influenced by the political geography and the succession of States, so it need to know when and how to prevent legal liabilities of the predecessor State to the successor State. However very great importance Given to the study of international law regarding the succession of states, and has become the forefront of research, in order to give solutions to international problems resulting from a succession of States, which was still under discussion and disagreement.The subject of a succession of States is not to agree on a uniform international rules that can be applied by States in relation to the succession of States on treaties, because the practice of States in respect of succession is not coherent or cohesive logical, albeit mostly determined by political considerations, not legal, and then develop solutions to the problems of succession on the basis of special agreements.The Vienna Convention on Succession of States in Respect of Treaties of 1978, the distinction between "newly independent states" emerging from decolonization, and other new states is emerging from decolonization, which approved the application of the principle of Tabula Rasa ( clean slate) on the newly independent states, which are thus automatically lack of commitment treaties concluded by the predecessor State (colonial). While this principle does not apply to other new states of separate states it is the colony even though they are all modern states.The previous international practices steady, confirms that the principle of the Tabula Rasa (clean slate) has been applied in cases of separation of Independent States and countries from colonialism, while we see that the article (16), has failed to apply this principle to the newly independent States of colonialism without the separate states.That none of the articles (2) Paragraph (1 / f) or Article 16 of the Vienna Convention for the succession of treaties of 1978, does not refer directly to determine the Newly Independent States to decolonization historical phenomenon. As with any codification of the practices of the process, but put provisions general and abstract terms can be applied to any reality to the change of sovereignty. Search section to the front then the door will look at the first chapter of what the principle of Tabula Rasa ( clean slate) and divide into two chapters look at the first concept of the principle of Tabula Rasa (clean slate) and look at the second chapter the legal foundations the principle of Tabula Rasa (clean slate) The second section we will look the scope of application of the principle of Tabula Rasa (clean slate), and divide into two dedicate the first chapter to discuss the principle of Tabula Rasa (clean slate) personal scale and be described in the second chapter the physical extent of the principle of Tabula Rasa clean slate. Then we included the most important conclusion of the findings and recommendations, which concluded the research