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فكرة التعويض العقابي واثرها في المسؤولية المدنية : دراسة مقارنة == The Idea Of Punitive Damages & Its Effect On Civil Liability (Compararative study)

Author name: مها ناجي جاسم
Supervisor name: ظافر حبيب جبارة
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Compensation shall always be proportionate to the damage caused by the defendant. Therefore, one of the conditions for compensation is to be equal to the damage. Punitive damages, on the other hand, does not consider the damage to the extent that it considers the mistake. Punitive damages is an exception of the principle of full compensation, for it aims to punish the perpetrator and deter others from doing the same thing. A punitive damages was created by British Common Law. It is described as one of the features of the British judiciary, for the British legislator realized that there are legal cases in which the compensation does not adress the justice. Therefore, the perpetrator deserved more than just a compensation for causing damage, but he must be getting a punitive damages. Meanwhile, this act did not reach the level of crime, which is punishable under the liability system in the criminal law; thus, it was necessary to invent a punitive damages system. Aware of the shortcomings of the civil liability system in some cases, this legislation has legitimized this type of compensation in order to impose it on any reckless behavior that conducted by the defendant, rather than to compensate the plaintiff. Courts believe that composing the plaintiff for the actual damage that he suffered of is insufficient and that the defendant must be punished financially as a result of his bad behavior, and deterring anyone who intends of committing similar behavior in the future. For the purpose of the subject , We divided our research into two sections, In the first chapter, we discussed the concept of punitive compensation and its distinctive characteristics. In the second chapter, the subject of punitive damages in English law and the problems raised by the subject of the research, and we devoted The second of the field of application of punitive compensation in Iraqi law divided into two chapters, we discussed the field of application compensation punitive in the Iraqi judiciary as the first chapter, and allocated the second chapter to the field of application of punitive compensation in Iraqi legislation.

التنظيم القانوني لعقد الدلالة في التشريع العراقي : دراسة مقارنة في ضوء قرارات محكمة التمييز الاتحادية == Legal Regulation Of Brokerage Contract In Iraqi Legislation A Comparative Study In The Light Of Decisions Of The Federal Court Of Cassation

Author name: احمد عكار نزال
Supervisor name: ظافر حبيب جبارة
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Brokerage works have a distinct position in economic life, given the need of people, from traders and others, to who is looking for someone be a party to a particular contract, and he shall intervene, as appropriate, in the negotiations necessary for its conclusion, and this is the essence of a broker's work.The broker in this case is doing just a physical act, so he do not conclude the contract which he has mediated on behalf of his client, neither in his name, nor in the name of his client, which is a work exercised by the broker freely, and independently, for his own account, without being subordinate to his client. The Broker's undertaking to work on facilitating the conclusion of the transaction that the Client wishes to complete creates a legal relationship, regulated by a contract, called the brokering contract, it is one of the specific consensual bilateral contracts, which gained a commercial character and entered in to the scope of nominated contracts after the legislator assigned out to regulate its provisions in a special law, namely the Brokerage Act 1987.Although the general rule, is the liberty of will to conclude the contracts, but the Iraqi legislator, preferred to restriction this will to a large extent, whether in the liberty to choose the person who take over the task of mediation of, or in the liberty of arrangement of obligations arising from the contract, as the brokerage is not permissible for all those who wish to practice it, because the law restricts its practice to people of integrity from Iraqis, who have completed the twenty - fifth year of age, and must be fulltime to practice in a commercial place, after getting a commercial name, and obtaining a permit from the competent authority. These conditions of public order, violation of them shall result in invalidity of the contract, and depriving the party pledged in brokering of any right to commission or indemnity resulting from the impossibility of returning the situation to what it was as a result of nullity. In spite of the ordinary terms of brokerage contract which imposes parallel obligations on the contracting parties, the Iraqi legislator obliged the broker to perform the transaction faithfully, as well as the Iraqi legislator obliged him to keep maintain the documents relating to the transaction. The breach of theses duties involve the broker's criminal and civil responsibility.,On the other hand, the Iraqi legislator determined a fixed amount for the remuneration of broker, which the contracting parties can not be agree to the contrary, and he restricts its entitlement by two conditions : concluding of contract which mediated by the broker, and the existence of a link of causality between this conclusion and the broker's efforts, in which, without these efforts, the contract would not have been concluded. But the practical application of the rules governing the remuneration of broker, showed two problems, led to the prejudice towards broker, to the extent that his rights were wasted.The first problem, Relating to broker's remuneration in scope of formal contracts, however he deprive of his remuneration for just undoing completion the formality required by law by one of the parties, the Courts embed this prejudice, by depriving the broker of any compensation for his efforts to conclude the contract, without a legal justification.The second problem relates to the official tariff, which is no longer compatible with the value of transactions that broker mediates in their conclusion, due to the devaluation of the Iraqi currency, compared to its value at the time of the enactment of the law, who as appointed the ratios, on the basis of which the broker's remuneration, and must not exceed one thousand and five hundred dinars, exceeding the commission of the broker, the maximum limit of the remuneration, is considered a criminal offense and administrative, resulting in a fine and the withdrawalof this permit.However, the Iraqi judiciary has subjected the broker's remuneration to its discretionary power, based on a general principle that decides the possibility of changing the provisions, which based on custom or interest, if that custom or interest changes in view of the requirements and variables of life. Undoubtedly, the texts that organized the broker's remuneration, were put in the interest represented by, the reducing the overvaluation, this interest has changed by changing the value of the currency, thus, the Official tariff became an inappropriate standard to exaggeration, on the contrary, it has become a trivial amount, not commensurate with the transactions that are determined according to their value.

مسؤولية المورد المدينة عن مخاطر نقل التكنولوجيا == Civil Liability For Risks of Technology Transfer

Author name: عبد الحسين لوكي زاجي
Supervisor name: طارق كاظم عجيل
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: In the technological world we live in, transfer of technology is of great importance. Technologies transferred all over; from an advanced and industrialized country to a poorer developing country, from a developed country to another developed country and among firms in a developed market. The primary means of technology transfer is by imitating and making copies, which are sold on to purchasers. However, there are cases, as I will discuss further, where copying is impossible, or other cases where copying is prohibited. In those cases, technology transfer involves contracting. Agreements of technology transfer may have several methods. For example, license agreement, supply agreement for products protected by intellectual property rights, technical assistance agreement relating to the training needed to use a specified technology and acquisition of a technology based firm.One of the most new dilemma in the 21th century is the rising of technologies, and these type of modern human innovation have a complex side at its invisible hazardous, by its waste or the products that made by using of technology.That mad there is Avery important challenge in some new technologies as well as the flowing : - 1 - Biotechnology, refer to classic bio technology, and nanobiotechnology2 - Nanotechnology, means the nanorobots technology and nanomaterial technology, that deal with atoms and all tiny thing, Nanotechnology has marked its presence in various fields of science and technology. After the first and second generation nanotechnology applications it has open up the door for the possibility of applying in almost any sector of science and technology. Thus with its progress into diverse sectors, it's uses and applications are also diverse, serving a wide range of purposes like food, health and fitness, electronics, medical. Nanotechnologies refer to “technologies of the tiny”. They span domains as diverse as computing, material science, medicine, energy production and storage, etc., bring together fields as varied as physics, chemistry, genetics, information and communication technologies, and cognitive sciences, and should become virtually ubiquitous before long.Nanotechnologies are with us already. Indeed, consumers are already being offered products manufactured with nanotechnologies including cosmetics, clothing, and sporting goods. But, while technology and market analysts alike expect the very small to become very big, nanotechnologies are still emerging.3 - Informationtechnology, the important of this technology is appear at individual actives but it our info at a general web, for that reason it must be regulated in Iraq, By regulation of transfer of technology. As follow : - Bi - Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and fairly complex. In the latter case, it may require the users to acquire new information and skills and change old habits and ways of doing things.ii - It may even require changes in the technology being transferred, to improve the chances of “fit” and optimal performance in the new situation. Technology transfer may happen from country to country, from industry to industry, or from research laboratory to an existing or new business. It may be facilitated by financial or other types of assistance and support that may be provided by government or other agencies at national, regional, local or institutional levels. This article deals with issues such as how is technology transferred; what are the main types of legal contracts for the transfer of technology and what will determine the type of agreement that is entered into by the two parties involved in the technology transfer.The creation or absorption of new technology has become a vital component for companies to improve or maintain their competitive position in the market place. Companies operating in sectors where competition takes place on the basis of price alone, such as the extraction or commercialization of raw materials, may rely on new technologies to improve their efficiency in the extraction of raw materials by improving their productive processes or acquiring new machinery and equipment. They may also use new technology to better commercialize their products or to improve their management structure, control and communication.In other sectors, where the market evolves incessantly as new products with new functions or designs appear on a regular basis, companies are forced to innovate by acquiring or developing new technologies. Technological innovation is therefore a crucial element ofiii - the competitive strategy of any enterprise, big or small, high - tech or low - tech. The ongoing integration of domestic and international markets through continuing deregulation and liberalization of markets has enhanced competitive pressure for all firms, and especially increased the technological needs of small enterprises worldwide while also improving their access to new technologies and capital goods.iv - technology in - house or to obtain it from others. While investing in technology creation may be expensive and risky, as there are many uncertainties linked to the innovation process, it has the advantage ofCpreventing technological dependence on other companies and enables the company to enhance its technological capability and to innovate according to its own specific needs.IN briefly and a finally viewing A technology transfer is any transaction which involves the acquisition of, or the right to lawfully use, specified intellectual property assets developed, owned, and/or controlled by another. Depending on the circumstances, such a transaction will involve not only the intangible legal rights associated with the specific assets, but also will require a transfer of the relatively tangible technology and other confidential information necessary for the legal rights to be properly used and exploited. Simply put, technology transfer is the process by which a technology, expertise, knowhow or facilities developed by one individual, enterprise or organization is transferred to another individual, enterprise or organization. Effective technology transfer results in commercialization of a new product or service or in the improvement of an existing product or process.Depending on the nature of technology and the capacity of the recipient, the process of technology transfer may be simple and straightforward but usually is iterative, collaborative, and comple

المحاكم المختصـة في دعاوى الجنسيـة العراقيـة == The competent Courts in the disputes of Iraqi nationality

Author name: وجود خلف لفتة الزيرجاوي
Supervisor name: اياد مطشر صيهود
General topic: Law
Specific topic: Private International Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: الملخصالجنسية الرابطة القانونية والسياسية بين الفرد والدولة، تنفرد الدولة بتنظيم احكامها، ولا سلطة عليها فيما تضعه من قواعد منظمة لهذه المفردة، ولاهميتها اختلفت الدول في اعطاء مرتبة القوة لاحكامها، فبعضها جعلها من اعمال السيادة، ومنع المحاكم من نظرها، في حين ذهب الاتجاه الاخر الى عدها من اعمال الادارة العادية الخاضعة لرقابة القضاء، وهذا الاخير عندما اخضعها للقضاء، ذهب في ذلك مذاهب مختلفة، فبعضها ذهب الى منح الاختصاص للقضاء الاداري، كما في مصر، وجعل كل منازعاتها خاضعة لهذا القضاء، بيد ان بعضها الاخر ذهب الى اختصاص القضاء العادي بها، كما في فرنسا، وهناك اتجاه اخر ذهب الى ان المختص بها هو هيئات او لجان مختصة غير تابعة للقضاء الاداري ولا حتى للقضاء العادي، كما في دولة الكويت وعمان .بعد التغييرات التي حصلت بالنظام في عام 2003، وجد المشرع العراقي نفسه امام قانون جائر للجنسية العراقية، نتج عن تطبيقه حرمان المئات من العراقيين من جنسياتهم بدون سبب، وفي عام 2005 بعد صدور الدستور العراقي، كان قد تضمن احكاما تتعلق بالجنسية العراقية، لم يكن تتضمنها التشريعات السابقة، وبه صدر قانون الجنسية العراقية النافذ لسنة 2006 الذي تضمن الاحكام التي جاء بها الدستور، والتي حرص المشرع فيها على الغاء الاحكام الجائرة الموجودة في القوانين السابقة، ومن ضمن هذه الاحكام نصه على التنظيم القضائي في دعاوى الجنسية العراقية.بيد ان الاتجاه المتبع في العراق غير واضح المعالم كما في تشريعات الدول، بل جاءت النصوص المنظمة لهذا الاختصاص بمصطلحات غير دقيقة، ومعنى غير رصين، لا يبين على وجه الدقة من هي الجهة صاحبة الاختصاص، لذا ثارت الخلافات بين اتجاهات الفقه العراقي، فبعضها ذهب الى ان القضاء الاداري هو المختص، وهو ما متسالم عليه تقريبا، بكون محكمة القضاء الاداري هي من تختص بهذه المنازعات، وبعضها الاخر ذهب الى ان محاكم القضاء العادي هي المختصة بهذه المنازعات، متمثلة بمحكمة البداءة؛ كونها خليفة المحاكم الادارية التي ذكرها المشرع بالنص، هذا من جهة النظر الابتدائي، اما من جهة الطعن في الاحكام الصادرة في دعاوى الجنسية ايضا كان الخلاف سائدا في تحديد الجهة المختصة، فبعضها ذهب على انها المحكمة الاتحادية العليا، وبعضها ذهب على انها محكمة التمييز الاتحادية. | Nationality is a legal relation between the individual and the state. The State has the right and authority to regulate the provisions of nationality and there is no authority over the State to regulate the rules of nationality. For the importance of regulating the provisions of nationality, states different in giving legal force to their provisions. Some countries have considered them from the acts of sovereignty, while others have regard them as normal acts of administration which must be subject to judicial oversight. The jurists have different on the determination of the judicious objection to resolve nationality disputes. Some jurists consider the administrative jurisdiction to be the solution to those disputes as in Egypt. Other jurists consider that the ordinary judiciary is as competent as in France. There is a new trend that assigns the task of resolving disputes to competent committees. These committees are not subject to either the ordinary judiciary or the administrative judicial, as in Kuwait and Oman. The Iraqi legislature has found that the old nationality law is an impartial law that has left many unfair applications. One of those applications, where hundreds of Iraqis are preempted from retaining their nationality for no apparent reason. In 2005, the new Iraqi constitution includes new provisions relating to the regulation of nationality, and accordingly to the Constitution, the Iraqi Nationality Law was issued in force in 2006. The new Iraqi nationality law contains provisions approving the articles of the constitution, in which the legislature is keen to repeal the old unfair verdicts found in previous laws. One of the most important provisions that the legislature referred to is the judicial organization of disputes in cases of nationality. The legal trend applied in Iraq is not clear other than the legislation of other countries. The provisions governing the jurisprudence of sexual disputes are inaccurate and imprecise. Correspondingly, there has been a doctrinal dispute in Iraq. Some jurists consider that the administrative jurisdiction is the judicial competent to resolve disputes, and the Administrative Court is the body authorized to resolve the disputes of nationality. Some of the jurists consider that the court of first instance is the competent court. As for the challenge of judicial decisions relating to the disputes of nationality, there was also a jurisprudential dispute about who is the competent court to receive appearances. Some jurists define the Federal Supreme Court, others choose the Federal Court of Cassation

استبعاد الادلة الجنائية غير المشروعة : دراسة مقارنة == Exclusion of illegal Criminal Evidence (A Comparative Study

Author name: عبد الحسن دويج خفيف
Supervisor name: ناصر كريمش خضر الجوراني
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The leading legal idea in the legislation of criminal procedural laws, is in the balance between the interest of society in the fight against crime, represented by the right of the state to punishment, and the interests of individuals in protecting their rights and freedoms guaranteed by the constitution, these laws take multiple ways to achieve that budget, all of which stem from the principle of criminal legality, that principle that delineates the process of criminal prosecution, which would determine what constitutes acceptable behavior to the parties to the criminal dispute and what is not, and ensure respect for what is imposed by this principle, We have asset of sanctions, come in the forefront of them, exclusion of illegal criminal evidence, through the waste of work contrary to that principle, in terms of its legal effects, and to exclude any potential benefit from that action, the exclusion of illegal criminal evidence in fact is a link between the theory of invalidity on the one hand and the theory of criminal evidence on the other, that is, what is derived from what is contrary to the theory of invalidity can not be accepted in the rules of criminal evidence.The importance of excluding illegal criminal evidence is highlighted by the paucity of the legislative rules governing it, and that they involve as well as substantive a delicate philosophical aspect, the subject of the study is related to many of the principles established in procedural criminal law, the exclusion of illegal criminal evidence is widely applied in the field, the rules of legality of criminal procedure are broad and numerous, and the possibility of violating them is natural and imagined in many cases, it is therefore important to protect the(B(right and freedoms of individuals from the abuse of power, so the subject of the study will be based primarily on what that idea is, through the definition and statement of nature and rationale and legislative status and the most famous discussions on the usefulness and rules and exceptions, this is done by comparing the position of Iraqi law on the one hand, and the United States of America and Egypt on the other.The study concluded that the exclusion of illegal criminal evidence is the basis of the constitution, although not in the explicit texts, as the spirit of the constitution leads to it, because it inters the field of right and freedoms which is the core competence of the constitution, but is the basic goes with it a presence and nothing, when a constitutional legislator establishes a right, the right holder must have access to it, otherwise his words will become, hollow and pointless, it is an increase, the constitutions are distinct from the increase, the exclusion of illegal criminal evidence was the effective means by which the right holder could be entitled to redress, this is based on the fact that the ordinary legislator complies with this basis and ensures that his texts are useful, the study also concluded, that the exclusion of illegal evidence is a means of judicial control, including the penalty imposed on the wrongful procedure and the resulting evidence by stripping it of its legal value, and destroy any effect that results from it, the realization of exclusion also enhances the confidence of individuals in the state, because it ensure that illegal evidence is not accepted, to accepting the defective means before the judiciary to obtain evidence.

اثر القانون الشخصي على قواعد تنازع الاحوال الشخصية == The impact of personal law on the conflict of the personal status rules

Author name: نسرين حسن كوني
Supervisor name: اياد مطشر صيهود
General topic: Law
Specific topic: Private International Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Verily the particular relations amid individuals which are really admixed with foreign element, do need to a conflict rulein self concerning to identifythe required practicable law. It is also including the personal civil affairs which has been selected the personal law to be the required practicable law in it, due to its nature which is definitelycharacterized with stability.That law which has no longer been available after the change which has been carried out by Iraqi nationality law No 26 in 2006 which do ensure the individual right to change nationality. Thus it really imposes on in waytoreorganize the rules concerningthe personal status written down in Iraqi civil law No 40 in 1951 to be in harmony with what are prevailing now.According to that, we herby suggest presenting alternatives and bases dependable for the sake of coping with development and to make conflictrules which are entirely featured with reality and logics.In the past and still therules of conflict of personal statusconcerning marriage located with greatargument in jurisprudence whether between supporter and opponent for two reasons; First of all,that concerned of preferring the husband nationality law to wife's. Secondlyto hold on of the personal nationality law at the time of entering into marriage. Therefore,jurisprudence has suggested presenting alternative laws asfor, will law, and judge law,which a conflict ensued before him.In the same way for theadvantage which is granted by the national law maker to his law whether for the sake forindividuals oreconomy. That may which form a breach to conflict riles which are relied uponpreferring likely best law.Therefore, this is really considered unstable, as for various motives and pretexts behind its confirmation and not be violation in some cases of practicing such as in inheritance which obliged to shift the money of foreigner dead which are existed in a country to the same country incase of no inheritor for him due state is more rightful to any other country, as long as it does not form violation to stableinheritance rules

فسخ الزواج بخيار البلوغ واحكامه في الفقه الاسلامي والقانون الوضعي == Marriage Revocation With the Choice Of Growing Up And Its Rules In The Islamic Jurisprudence And The Positive Law

Author name: سهير قيصر فارس
Supervisor name: حسام عبد الواحد كاظم
General topic: Law
Specific topic: Personal Status Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The Islamic Shari'a (Law) has paid great attention to marriage bondage as one of the most important and most influential certificate in the life of the individual. In addition, it incurs a lot of terms and conditions due to what is legally permissible and impermissible. Among these terms is eligibility. In order to be a valid and effective certificate, it should be issued by an eligible authority as a general rule, though this rule is violated under certain circumstances as to marrying minors by their parents' consent. Such marriages certainly cause harm to minors. In order to achieve the desired goal of marriage, which is affection and compassion and consummation, which cannot be achieved unless the contract is done through a formal proposal of marriage (ijab) and acceptance of the proposal (qabul) of the two parties as chaste and sane adults, having the ability to sign the contract with their free will. When the minors or one of them are unable to set up the contract by themselves but through their guardians(Walis), the contract, despite being correct, is not considered obligatory for lacking the term of the proposal of offer and acceptance of the minor who may have an opinion after passing puberty. Therefore minors under a certain trend of Islamic jurisprudence are entitled to give their opinion of the contract after reaching puberty, either to stay or terminate it. This right is called the "right of puberty".

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

Author name: غسان عبد السادة حسن الحميداوي
Supervisor name: عقيم عزيز عودة
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: 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.

المسؤولية الجنائية الناشئة عن التظاهرات : دراسة مقارنة == The Criminal Responsibulity Created by Demonstration A Comparative Study

Author name: ازهار عويني عبد الرضا الحمداني
Supervisor name: عقيل عزيز عودة
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: يتلخص بحثنا الموسوم (المسؤولية الجنائية الناشئة عن التظاهرات - دراسة مقارنة) بان الافراد في المجتمع مهما تنوعت فئاتهم ومستوياتهم انما يجمعهم المصير المشترك والمصلحة العامة ، وهم بحاجة الى التعبير عن رايهم والتصريح بمطالبهم ، فكان الخروج الى الطريق العام في شكل تظاهرات هو احدى طرق التعبير عن الراي, وقد يكون مصحوبا بالهتاف ورفع اللافتات والشعارات كوسيلة للضغط على السلطة الدولة بهدف تحقيق مصالحهم المشتركة , الا ان بعض مظاهر التعبير عن الراي في التظاهرات تشكل جرائم يعاقب عليها لما تتضمنه من تهديد لامن الدولة او قذف او اهانة , او اعاقة المرور , الا ان المشرع قد يبيح بعض هذه الافعال في اثناء التظاهرات وفق ضوابط يضعها ، وبموجبها يتم تحديد متى تتوافر الاباحة، فاذا خالفت تلك الافعال ضوابطها تلك تكون قد جاوزت حدود الاباحة , واكتسب الفعل فورا" صفة عدم المشروعية مما يرتب المسؤولية الجنائية . هذا مما يدفع السلطة العامة الى فض التظاهرات وتفريقها بالقوة وفق ضوابط ومعايير قانونية ، مما قد يتسبب فى وقوع اصابات وقتل وفي المقابل قد تثور مسؤوليتهم في حالة تجاوز الحدود المقررة لاستخدام القوة .ومن هنا تبرز اهمية هذه الحرية في المجال الجنائي , فلا تعد ممارسة حرية التظاهر جريمة ، لان القاعدة وفقا لمبدا الشرعية ان لا جريمة ولا عقوبة الا بنص ، الا ان ما يترتب على الخروج عن الضوابط التظاهرات سواء من قبل الافراد العاديين ام افراد السلطة العامة ، تتمثل بافعال وسلوكيات غير مشروعة ومحظورة يعاقب عليها القانون .وتكمن مشكلة الدراسة في ان التظاهرات وان كانت شكلا من اشكال التعبير فان ذلك قد لايجعل من هذه الالية حقا مشروعا للافراد يتيح لهم التعبير عن مواقفهم وارائهم بكل حرية حيث انه بالمقابل نجد حق الدولة في فرض نظامها وبسط امنها على كافة مواطنيها بواسطة القوانين التي تقنن هذه الحرية وتضع حدا لها, وتتجلى مشكلة البحث في ان هل وجود هذه النصوص كاف لممارستها من قبل الافراد، ام ان هناك واجبا يتمثل بالانصياع الى التشريعات الاخرى ذات الصلة بحرية التظاهر لتحديد مسؤولية من يسئ استخدامها ، وهل كان المشرع موفقا في وضع مثل هذه الخطوات الواجب اتباعها عند ممارسته هذه الحرية .وقد تم تقسيم هذه الدراسة على مبحث تمهيدي وثلاثة فصول , خصص المبحث التمهيدي للبحث في الاساس القانوني للتظاهرات , ومن ثم تناول الفصل الاول ماهية التظاهرات من خلال تعريفها وضوابطها العامة المادية والغائية . اما الفصل الثاني فقد بحثنا فيه المسؤولية الجنائية للمتظاهرين من خلال بيان حدود الاباحة والتجريم في التظاهرات والتطبيقات مسؤولية المتظاهرين. اما الفصل الثالث فقد تناولنا فيه المسؤولية الجنائية لافراد السلطة العامة من خلال بيان استخدام افراد السلطة العامة للقوة في حدود الاباحة والتجريم والتطبيقات المسؤولية افراد السلطة العامة . واخيرا فقد اختتمنا الرسالة بخاتمة اشتملت على اهم النتائج والتوصيات التي رايناها ضرورية لاخذها بالاعتبار عند النظر بمشروع قانون التظاهر في العراق .وقد تم التوصل الى عدة نتائج منها , ان التظاهرات تجمع ثابت او متحرك للافراد في الطرق والاماكن العامة , وان لها طبيعة خاصة تنعكس على التنظيم القانوني , وان التظاهر وفق القانون العراقي لايتم الا بتصريح من الادارة , وان التشريع النافذ في العراق لم ينظم المسؤولية الجنائية للمتظاهرين بشكل واضح ودقيق , ولم يتناول مسؤولية الشرطة بشكل مطلق . اما اهم التوصيات, فتتمثل في تاييد الباحث لنظام الاخطار من دون الترخيص, واللجوء الى جهة محايدة كالقضاء لتقدير خطرها على النظام العام ومنعها , والدعوة الى عدم اقرار مشروع القانون لانه يمس جوهر الحرية ويقيدها , وضرورة اعادة صياغته بالتنسيق مع منظمات المجتمع المدني, بالشكل الذي تحدد فيه مسؤولية المتظاهرين بشكل دقيق , وتنظيم مسؤولية الشرطة والنص على اصدار تعليمات واظحة ومحددة بشان استخدام القوة في التظاهرات .واخيرا ادعو الله تعالى ان اكون قد وفقت في اعطاء موضوع البحث حقه، فان فعلت فنعمة من الله تعالى ، وان لم افعل فبشر يخطئ اكثر مما يصيب , والله ولي التوفيق | Our thesise entitled (The Criminal Responsibulity Create by Demostration - A Comparative Study) Summarized in , The individuals in the society, regardless of their different categories and levels, are united by common destiny and the public interest. They need to express their views and make their decisions. Going out to the public road in the form of demonstrations is one of the most important ways to express of opinion, and may be accompanied by cheering and raising signs and slogans , as a means of exerting pressure on State to achieve your common interests. However, some manifestations of opinion in the demonstrations constitute crimes punishable by the threats it poses to the security of the state or the flagellation or insult, or obstruction of traffic, but the legislator may allow some of these actions during the demonstrations according to the regulations put them. Under which it is determined when the availability is available, and if the violation of those acts its controls that have exceeded the limits of permissibility.And the act immediately gained the status of illegality, which placed criminal responsibility, which forces the public authority to disperse and disperse the demonstrations by force according to legal controls and legal standards. Which could cause injuries and murder and in return may be their responsibility in case of exceeding the limits set for the use of force. Hence, the importance of this freedom in the field of criminalization would not consider the exercise of freedom of demonstration is a crime, because the rule according to the principle of legality that the crime and punishment are only by text. However, the consequences of breaking out of the control of demonstrations, whether by ordinary individuals or members of the public authority, represented by illegal acts and behaviors are punishable by law. - The problem of this study is that the misuse of freedom of protest, which is one of the most dangerous methods used by those who tamper with it, is manifested in how to distinguish between peaceful demonstration as a freedom aimed at improving the situation and demonstrating as a means of demolishing society and opposing any decision or action. To the Constitution and the Law. This study was divided into introductory and three chapters. The introductory course was devoted to research on the legal basis for demonstrations. The first topic studies the core of administration , its definition and its material and non - material general controls. The second chapter, in which we discussed the criminal responsibility of the demonstrators through showing the limits of permissibility and criminalization in the demonstrations, and we devoted to the applications of the responsibility of the demonstrators . Chapter three dealt with the criminal responsibility of the police, through showing the use of force by the police force to the limits of permissibility and criminalization , and the applications of police responsibility.Finally, we concluded the thesis with a conclusion that included the most important conclusions and recommendations that we considered necessary to take into account when considering the draft law of demonstration in Iraq. It has been connected to several results, including that the demonstrations a fixed gathering or a mass of people in the roads and public places, and have a special nature reflected on the legal organization, and that the demonstration under Iraqi law is carried out but by authorization by the administration. And that the in force legislation does not regulate the criminal responsibility of demonstrators as clearly and accurately, and does not address the responsibility of the police absolutely. As for the most important recommendations, is the researc support to the system of notification without authorization, and recourse to a neutral body such as the judiciary to assess the danger to public order and to prevent it. And calling for not to adopt the draft law because it touches the essence of freedom and restrict it, and there is a need to reformulate it in coordination with civil society organizations, in a manner that determines the responsibility of the demonstrators accurately, and regulate the responsibility of the police and the provision of instructions on the use of force in demonstrations.

المركز القانوني للممثل الخاص للامين العام للامم المتحدة : دراسة تطبيقية على ممثل الامين العام للامم المتحدة في العراق == Legal Status Of The Special Representative For The Secretary - General Of The United Nations

Author name: نجدي محي دهيمي
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The Special Representative will lead the UN Secretary General functions mostly as President of integrated mission, to support him through several agencies, programmes and funds belong to The United Nations in order to achieve goals and objectives determined on which the nature of the mission described as civilian or military nature, noting the evolution and multiple functions and tasks according to the need for them as the international situation, the situation might be related to situations of armed conflict, have regard Promoting peace and support development programs.This was a result of the guide the thinking of the international community to establish better system and effective to substitute what existed before. The most popular mechanism to achieve it was the UN mission and special representative of the Secretary General of the United Nations upon decision of the Security Council as an international officer declares to according to the legal system of the world Organization. Resulting in international mechanism prospered in conjunction with the ongoing transformation of the international system. The International Labor Association, which is a special representation of the Secretary - General of the United Nations as one of its important applications in international events, has many implications and consequences, such as that of the rights and powers of the Special Representative and the obligations and obligations imposed on him. These rights and duties are either determined by the Charter establishing the United Nations and the domestic legislation and regulations of its departments, in particular those relating to personnel matters. Or include the headquarters agreements, declarations and international resolutions commensurate with what distinguishes the Special Representative as an international official with certain characteristics. Thus, these rights and duties are divided into those of an international official who is governed by the provisions of internationalAbstract .......................................................................................... Blaw in view of his or her international character, as well as the nature of the title he holds as an officer performing his functions for the benefit of the United Nations. These rights and duties are varied on the basis of multitasking Which are essentially the same as the obligation of neutrality and impartiality, as well as the mandate of the World Organization.Iraq has been - and still is - one of the Special Representative's most famous fields of work, and has witnessed the relationship Between Iraq and the United Nations has developed significantly in the years following the events of August 1990, after the relations between Iraq and the international community had been generally spoiled during the last three decades preceded 2003, Because of the foreign policies of the Iraqi political system at the internal and external levels, which led to Iraq being subject to dozens of resolutions issued under Chapter VII of the Charter, including comprehensive economic sanctions that resulted in economic and financial burdens, as well as prejudice to the sovereignty of Iraq. However, these decisions took on another dimension after 2003, starting with Resolution No. 1476 of 2003, which included the mandate of the Secretary - General of the United Nations, Mr. Kofi Annan, to administer the oilfor - food program, and Resolution No. 1483 of 2003 to lift the sanctions imposed on Iraq and authorize the Coalition authority to run the political process. Then to the resolution No. (1500) for the year 2003 concerning the establishment of the United Nations Mission and the appointment of a special envoy to the Secretary - General of the United Nations for its administration. These resolutions have mandated the UN to intervene in the various political, economic and administrative fields in the light of some of the mechanisms adopted by the Organization in accordance with international resolutions and covenants. These resolutions ,and covenants made clear the rights and powers of the Special Representative in Iraq, as well as his duties.

الضوابط الدستورية لسياسة التجريم : دراسة مقارنة == Constitutional criterias on the policy of criminalization : Comparative Study

Author name: محمد عبد الحسين شنان الموسوي
Supervisor name: عمار تركي عطية الحسيني
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: لكل دولة نظامها الدستوري الخاص بها, الذي يجب ان يتضمن المبادئ العامة لنظام الحكم, ويبين السلطات في الدولة ويحدد اختصاصاتها, ويحمي الحقوق والحريات, ويعمل الدستور على تحديد الضوابط التي يتعين على السلطات العامة الالتزام بها عند ممارستها لاختصاصاتها الدستورية. وقد ارست الدساتير في الكثير من دول العالم, ضوابط يتحتم على المشرع الجنائي التقيد بها عند ممارسته لسلطته في التجريم, وهذه الضوابط منها مايرد بشكل صريح في صلب الوثيقة الدستورية كمبدا (لا جريمة ولا عقوبة الا بنص), ومبدا (عدم رجعية القانون الجنائي على الماضي), ومنها ما يرد بصورة ضمنية تستشف من خلال الاطار الدستوري العام للحقوق والحريات, كضابط (الضرورة والتناسب في التجريم). ولهذه الضوابط اهمية بالغة في اطار سياسة التجريم, كون ان هذه السياسة تنال من حقوق وحريات الافراد بشكل كبير, وان من شان عدم وجود ضوابط دستورية يتقيد بها المشرع ان تتعرض تلك الحقوق والحريات الى المساس اما بمصادرتها او التقليل من فاعليتها, كما ان الدول, ولاسيما العراق, تشهد حاليا نهضة تشريعية في مجالات عديدة, ولضمان سلامة هذه التشريعات, يجب ان تكون الاخيرة متفقة مع الضوابط والمبادئ الدستورية, ولاسيما ان قانون العقوبات العراقي صدر في عام 1969, واصبحت الحاجة ملحة لتعديل العديد من احكامه بما يتفق والدستور الدائم الصادر سنة 2005. واذا كانت سلطة المشرع الجنائي, تتسم بالتقدير؛ فان سلطته في هذا المجال مقيدة بوجوب الالتزام بمبادئ الدستور الخاصة بالتجريم, ومن هنا تظهر مشكلة الدراسة, اذ قد تتجاوز السلطة التشريعية او التنفيذية حدود اختصاصها, وتحاول المساس بالقيمة الدستورية لحقوق الانسان وحرياته عن طريق التجريم, معتمدة في ذلك على السلطات المخولة لها, هذا من جانب, ومن جانب اخر ان السلطة المكلفة بعملية التجريم قد تمد نطاق التجريم ليشمل افعالا ليست بتلك الخطورة التي تهدد امن المجتمع وسلامته, الامر الذي يدفعنا الى التساؤل عن ماهية الضوابط الدستورية التي يستند اليها المشرع الجنائي في صياغة نص التجريم ؟ وهل واكب الدستور العراقي لسنة 2005 التطورات التي لحقت بسياسة التجريم, او انه بقي على الحال الذي كانت عليه دساتير ما قبل عام 2003؟ وما دور القضاء الدستوري تجاه الضوابط الدستورية لسياسة التجريم, ولاسيما القضاء الدستوري العراقي؟ وقد تناولنا هذه الدراسة من خلال ثلاثة فصول, تطرقنا في الفصل الاول الى اهم المبادئ الدستورية لنص التجريم, والتي يجب على المشرع الجنائي ان لا يحيد عنها في كل الاحوال, واهمها مبدا شرعية الجرائم والعقوبات, تكلمنا عنه في المبحث الاول, ومبدا عدم رجعية قانون العقوبات على الماضي, وذلك في المبحث الثاني , وفي نطاق الفصل الثاني بحثنا الضرورة والتناسب في سياسة التجريم, حيث ان المشرع الجنائي يرتكز على ضابط الضرورة والتناسب وهو بصدد احداث التوازن بين حماية الحقوق والحريات من جهة وحماية المصلحة العامة من جهة اخرى, وقد درسنا في المبحث الاول ماهية الضرورة التناسب في سياسة التجريم, وفي اطار المبحث الثاني تناولنا اثر غاية التجريم ومعياره على الضرورة والتناسب, وبحثنا في اطار الفصل الثالث والاخير ضمانات التزام سياسة التجريم بالضوابط الدستورية, حيث ان ترك تحديد الجرائم والعقوبات لاختصاص السلطة التشريعية لا يعني ان هذه السلطة لها حرية مطلقة في هذا المجال, وانما هي مقيدة بالحدود التي رسمتها المبادئ الواردة في الدساتير, ومن اجل ضمان التقيد بتلك المبادئ, فان الرقابة على دستورية نصوص التجريم تؤدي دورا بارزا في هذا المضمار, وعلى هذا الاساس تناولنا في المبحث الاول حدود سلطة المشرع الجنائي تجاه الحقوق والحريات, وفي نطاق المبحث الثاني, درسنا الرقابة على دستورية نصوص التجريم. وفي نهاية المطاف توصلنا من خلال هذه الدراسة, الى جملة استنتاجات من اهمها : ان المشرع العراقي قد سمح بفكرة التفويض التشريعي في مجال التجريم, في الدستور وقانون العقوبات على حد سواء, كذلك توصلنا الى ان الضرورة في التجريم يراد بها الاسباب او المبررات التي تدور في ذهن المشرع, والتي تدفعه الى تجريم اشكال معينة من سلوكيات الانسان, بهدف حماية المصالح الاجتماعية الجديرة بالاعتبار. اما التناسب في التجريم, فهو العلاقة بين ضرورة التجريم (الهدف من التجريم), والعقوبة المقررة للجريمة (اثر التجريم), بحيث تكون العقوبة ضرورية لمواجهة الجريمة؛ لتحقيق اهدافها المتمثلة بالردع العام والردع الخاص وتحقيق العدالة. وقد اقترحنا في هذه الدراسة على المشرع العراقي ان يتبنى نظام ( ازدواج قانون العقوبات), بدلا من نظام (وحدة قانون العقوبات), اذ يقتصر قانون العقوبات على ذكر الجنايات والجنح, بينما تكون فئة المخالفات في اطار مجموعة مستقلة يمكن ان نسميها بقانون العقوبات الاداري, وكذلك وصينا المشرع الجنائي بان يضع نصوصا جنائية تملك من الكفاية والفاعلية ما يمكنها من مواجهة فاعلية التطور الاجرامي واساليب ارتكابه في ظل الاجرام المستحدث | Each State shall have its own constitutional system, which shall include the general principles of the system of government. It shall set out the powers of the State and determine its competencies. It shall protect the rights and freedoms. The Constitution shall specify the regulations to be complied with by the public authorities in the exercise of their constitutional powers. In many countries of the world, constitutions have established controls that the criminal legislator must adhere to when exercising his authority to criminalize them. Such controls are explicitly included in the constitutional document as a principle (nullum crimen sine lege) and the principle of " ), Including implicitly revealed through the general constitutional framework of rights and freedoms, as an officer (necessity and proportionality in criminalization). These restrictions are of great importance in the context of the criminalization policy, since this policy severely infringes upon the rights and freedoms of individuals. The absence of constitutional regulations that the legislator complies with can undermine or diminish the effectiveness of these rights and freedoms. Iraq is witnessing a legislative renaissance in many areas. In order to ensure the safety of these legislations, the latter must be in conformity with the constitutional rules and principles. In particular, the Iraqi Penal Code was promulgated in 1969 and many of its provisions have been amended to comply with the permanent constitution of 2005. While the authority of the criminal legislator is appreciated, its authority in this area is constrained by the obligation to abide by the principles of the Constitution on criminalization. Hence, the problem of the study is that the legislative or executive branch may go beyond its jurisdiction and attempt to violate the constitutional value of human rights and freedoms through criminalization, On the one hand, and on the other, that the authority in charge of the criminalization process may extend the scope of criminalization to include acts that are not such a threat to the security and safety of society, which leads us to ask what the constitutional controls on which the legislator Jinn In drafting the text of the criminalization? Did the 2005 Iraqi constitution comply with developments in the criminalization policy, or did it remain the same as the pre - 2003 constitutions? What is the role of the constitutional judiciary towards the constitutional controls of the criminalization policy, especially the Iraqi constitutional judiciary? We discussed this study in three chapters. In Chapter 1, we discussed the most important constitutional principles of the criminalization text, which the criminal legislator must not derogate from in all cases, the most important of which is the principle of the legality of crimes and punishments. In the second section, and in the second chapter we discussed the necessity and proportionality in the policy of criminalization, since the criminal legislator based on the officer of necessity and proportionality and is in the balance between the protection of rights and freedoms on the one hand and the protection of public interest on the other, What is the necessity of rotation In Chapter II, we discussed the effect of criminalization on the necessity and proportionality. In the third and final chapter, we examined the guarantees of the policy of criminalization of constitutional restrictions, since leaving the definition of crimes and penalties to the jurisdiction of the legislative authority does not mean that this authority has absolute freedom in this In order to ensure adherence to these principles, the control over the constitutionality of criminalization provisions plays a prominent role in this regard. On this basis, we discussed in the first part the limits of the authority of the criminal legislator towards rights and Reat, and in the scope of the second topic, we studied control over the constitutionality of the provisions of criminalization. In the end, we reached, through this study, a number of conclusions, the most important of which : The Iraqi legislator has allowed the idea of legislative authority in the field of criminalization, both in the Constitution and the Penal Code, and we have concluded that the necessity of criminalization intended for reasons or The mind of the legislator, which leads to the criminalization of certain forms of human behavior, in order to protect the social interests worthy of consideration. The proportionality of criminalization is the relationship between the need for criminalization (the purpose of criminalization) and the penalty prescribed for the offense (the effect of criminalization), so that the punishment is necessary to confront the crime; to achieve its objectives of public deterrence and deterrence. In this study, we have proposed that the Iraqi legislature adopt a system of double criminality instead of the Penal Code. The Penal Code is limited to mentioning crimes and misdemeanors, while the category of offenses within an independent group can be called the Administrative Penal Code. We have also instructed the criminal legislator to put in place sufficient and effective criminal texts to enable it to deal with the effectiveness of criminal development and the methods of committing it under the new criminality.

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

Author name: حميدة علي جابر
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: 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)

Author name: جين ياسر حسين
Supervisor name: علي هادي عطية الهلالي
General topic: Law
Specific topic: Administrative Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: 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.

دور المجني عليه في المسؤولية الجنائية : دراسة مقارنة == The Role of The Victim in The Criminal Responsibility : Comparison Study

Author name: صادق يوسف خلف الياسري
Supervisor name: عمار تركي عطية الحسيني
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: It became clear to us through this study to understand the phenomenon of criminal and stand on the causes, not only on the study of the behavior of the offender and his willingness innate social composition of the commission of the crime stop, but one must look at the victim and the extent of his role in the crime committed against him, as the study showed that the victim it contributes in some way to the creation of the idea of the crime or facilitate the offender, for example, we noticed that in the case of legitimate defense contributes to the victim in the emergence of the danger spot illegal toward the defender (attacker), forcing the latter to repel that threat and thus a crime, and we also find in the case of a serious provocation to the offender and caused by the victim, as is the case in a crime caught in the act of adultery, as it leads to a state of anger and intense emotion to the offender stricture freedom of choice leading to the commission of the crime, and there are quite a fraction of the crimes contributes to the victim in the occurrence, has part of it was clarified in this study.The study of the role of the victim in the criminal responsibility was not limited to the area of criminality, but also included the role of the victim in the estimation of the sentence, through a more severe punishment on the offender for some reason the availability recipe especially the victim, or the existence of a relationship linking the perpetrator to the victim, the legislator believes is inappropriate to turn a blind eye about it, because it discloses (shows) the gravity of the crime and the seriousness of the offender and the victim at other times reduces punishment for the perpetrator or stop into force, the desire of the Criminal legislator to maintain and strengthen the family's interest.And also in the field estimate punishment, this study provides a list of criminal legislator of victim Ctmaliyn who are more likely than others to fall victim to a crime, and therefore the legislature to intervene to protect them and provide them with protection criminal.In the end of this study, we had many recommendations and results .One of these results is that the victim plays a role in allowancing some of the criminal acts in the case of legitimate Right, The danger posed by the victim is described as current and illegal in addition of the inability of the defender to take over the public authority to repel that danger then the defender's action is necessary and therefore the right of legitimate is being available here. But the act of the defender must be commensurate with the act of aggression; otherwise, it would become a transgressor of the right. By the way, one of our recommendations in this study, we suggest that the Iraqi legislature make the review on the Article 422of the Iraqi Penal Code,by using the term (Child) instead of juvenile, Even children under the nine age

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

Author name: مجيد محسن ناصر
Supervisor name: حسام عبد الواحد كاظم
General topic: Law
Specific topic: Personal Status Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: 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.

الحماية الدولية للعاملين في اجهزة العدالة == International protection for workers in the justice agencies

Author name: علي كاظم عبد جاسم الغزي
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: تنطوي مهمة اقامة العدل على مخاطر جمة ايسرها التزام الحياد, وامضاها مواجهة السلطة . بينما تنصرف الحماية الدولية الى تحديد نوع الخطر وجهته الذي يهدد العاملين في اجهزة العدالة وتقرير ما يمكن للوقاية منه او تقليل خطورته . ان مفهوم الاستقلال, يختلف من المحامي الى القضاة الى الادعاء العام, فالاول يمكن ان يكون واجبات والتزامات . وفي الثاني يمكن ان يكون توفير كل ما من شانه ان يجعل من القضاء سلطة بموازاة السلطات الاخرى, وضمان عدم التدخل والتاثير في قرارات واحكام القضاة . اما الادعاء العام, فان مفهوم الاستقلال يكون بتحديد علاقته بجميع الاطراف التي يتعامل معها, من قضاة ومحامين واطراف الدعوى الاخرين . وعليه فان الموضوع وان يتناول مفردة بهذا المعنى, الا انها تختلف من حيث المضمون . كذلك فان هذا الامر ينطبق على صور الحماية الاخرى, من تنظيم الخدمة, الى ضمان الحريات الاساسية, جميع هذه الامور وان يشترك بها جميع العاملين في اجهزة العدالة, الا ان لكل منها معنا خاصا بها مع عدم اغفال ان هناك مشتركات كثيرة, بين مفاهيم البحث يجعل من الربط بينها اظهار ان العدالة, وحدة واحدة تتكامل بتكامل عناصرها . وهكذا مثلا لا تجد, دولة ليس فيها نقابة محامين, بغض النظر عن تبعية هذه النقابة, الا انه في الوقت نفسه, تجد كثير من البلدان ليس فيها تجمع مهني للقضاة والادعاء العام . لذا تجد ان البحث حاول بيان هذه المفاهيم, واعطاء خصوصية لكل مفردة . وبعد ان تناول البحث الصكوك الدولية والاقليمية الخاصة بالموضوع, بالتحليل والشرح وبيان ما هو الاقرب منها لموضوع الحماية وما هو الانسب, استعاض البحث عن القرارات القضائية بما اورده المقرر الخاص, من رسائل ونداءات عاجلة في كل ما يخص الموضوع, والتي تعتبر دراسة معمقة لاحوال الدول القانونية . وحاول البحث التطرق للتشريعات العراقية الخاصة بالموضوع, ليبين مدى مطابقة هذه التشريعات مع المعايير والمبادئ الدولية, ليعطي للمشرع العراقي ومن يشملهم البحث رؤية واضحة عن مدى ملائمة هذه التشريعات مع القانون الدولي, الذي نامل ان ياخذ بها المعنيون . | Involve significant administration of justice on the enormous risks easiest commitment to neutrality, and he spent the face of power. While goes international protection to determine the type of danger that threatens his part and Justice Foundation and determine what can to prevent it or minimize the seriousness . Judges, lawyers, public prosecutors, with the same rights enjoyed by any other human being, but it must ensure in particular to protect them, because they are guarantors for the enjoyment of others of these rights, it is not available to workers in the justice systems, independence and impartiality of the judicial system becomes arbitrary and become a tool in the hands of other powers, especially the executive branch, and we will see that the concept of independence, differs from the lawyer, the judges, the public prosecutor, in first, it could be the duties and obligations. In the second, it can be, providing everything you would, that makes the judiciary authority in parallel with other authorities, and to ensure non - interference and influence in the decisions, and the provisions of the judges. The latter, we mean the public prosecution, the concept of independence, the Select relationship, all parties with which it deals, judges, lawyers, and other parties to the suit. Accordingly, the subject, and that deals with a single, in the same sense, but they differ in terms of content. Also, this thing applies to other forms of protection, of the service organization, to ensure basic freedoms, such as the right to freedom of expression, professional and assembly, to immunity, and accountability, all of these things, though shared by all employees of the justice agencies, but each her own sense of them, not forgetting, if there are many participants, between the concepts of research, makes the link between them, to show that justice, and a single unit, the integration of complementary elements. Thus, for example, you do not find, that is not a country where union lawyers, regardless of the subordination of this union, but at the same time, you find a lot of countries, which is not a professional association of judges, and public prosecutors. So you find that search, try to explain these concepts, giving the privacy of each individual . international and regional instruments on the subject, analysis, annotation, and a statement that is closest to them, the subject matter of protection, and what is the most appropriate, replaced the search for judicial decisions, including the report by the Special Rapporteur of the letters and urgent appeals, both in terms of subject, which is an in - depth study of the legal conditions of countries. And tried to search, Iraqi legislation addressed, the Iraqi constitutions, to the ordinary laws, to show the compatibility of such legislation, standards, and international principles, to give the Iraqi lawmaker, is covered by the search, a clear vision, how much appropriate legislation, with international law, which we hope will take them involved. The division of this research, into three chapters, the first chapter deals with, international protection for lawyers. And Chapter II international protection for judges. Chapter III international protection for the prosecution. Finally, this study is over, a conclusion include several conclusions, reached by the search, and several recommendations, can enhance international protection for workers in the justice agencies.

التنظيم القانوني للمصنفات المعمارية : دراسة قانونية مقارنة == The LEGAL REGULATION OF ARCHITECTURAL CATEGORIES : A COMPARATIVE LEGAL STUDY

Author name: وداد وهيب لهمود
Supervisor name: طارق كاظم عجيل
General topic: Law
Specific topic: Civil Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: In an age when developments began to witness a steadfast growth in all fields, including the urban one, due to information and technology revolution; when the right to a decent life also became a matter of humane demand that is comprehensively and imperatively applicable ، The results and reflections of such as the above have led legislations, including the Iraqi legislation, to add a sort of regulations to the architectural designs, for the latter constitutes the highest image of property - a highness which stems from its connection to that which humans hold most high, namely ،in its creative and intellectual manifestations. Furthermore, the rights stipulated have become a weapon and competitive tool to protect the intellectual rights of architect, which is to encourage innovation and creativity - a goal that requires the presence of legal entity that manages to identify and protect these rights.That said, this research has been devoted to a substantive and significant matter, which is the legal regulation of the architectural designs and its designers, given that it is an essential safeguard for these designs and designers. The importance of this right is increasingly growing in the international conventions, yet the decisions of the Iraqi legislature stipulated in the Copyright Protection Law No. 3 of 1971, along with its amendments afterwards, remains just ideas and simple signals without careful regulations that commensurate with the significance of the architectural designs - which is something that should be taken seriously especially when taking into account that the issues associated with the right of the architect did not take its share so far in the legal sources. What is more, the scarcity of these legal sources did not create possibilities that would lead to evidence substantiation with other researchers’ findings.One might ask, what is the legal regulation of the architectural categories? And, what is the adequacy of such regulation of these designs?Our answer is divided into three chapters, each contains two sections. First, we have established the legal origin of these designs and designers through outlining their definitions and identifying their legal terms. They are, pursuant to the Iraqi legislation, are arts and architectural designs. In Paragraph(4) of Article (2), the Iraqi legislator counted Arts among architectural categories while categorizing architectural designs as written works in Paragraph (10) of Article (2), even though it was also considered artistic categories. However, the Iraqi legislator was no longer considering construction as an architect category worthy of protection. Although a design might be modeled in construction, leading, in this case, to the derogation of an architect’s right due to the lack of an effective protection from such an abuse as when others try, unjustly, to implement a design that is identical to the architect’s, or when a construction containing an architectural design is similar to that set forth by the architect. Hence, we call on the Iraqi legislature to take the position of the US Law to the Architectural Work Copyright Protection Act (AWCPA) No. (650 - 101), for a building containing an architectural design should be considered architectural category worthy of legal protection. We have also investigated the ethical and financial rights ،the ethical side would represent the attitudes and the depths of human soul to whom they are spiritually attached in a manner which is unbreakable and inseparable to the architect. In this sense, the property rights does not allow transferability of a property right into others even though the architect waives his/her rights to others or s/he wills to do so. The financial side, on the other hand, constitutes the financial value of the architectural design through which the architectural designer manages to exploit it, either directly or when s/he uses it as something based on a contract or work. In both cases of property rights, the law works, in most cases, to achieve a fair balance between the rights of the designer and that of others related to his/hers. Hence, the legal protection of both the architectural production and its architect is intended to stop abuse and reduce the aggravation of the damage caused by that abuse. Since these means won’t stop the infringement, the legislation would provide other means aimed at reforming the situation, bringing it back to what it is, or giving a fair compensation.We have finished our study with a conclusion stating the findings and recommendations that we have reached.come to conclude that legal alternatives shall be taken; effective protection means for architectural categories and its designers shall be provided, to which we have seen no attention been given - an attention that we are hoping we find soon.

المسؤولية الجزائية عن الدعاية التجارية الكاذبة : دراسة مقارنة == The Criminal Responsibility for The False Commercial Advertisements comparable study

Author name: امنة كاظم سعدون
Supervisor name: عقيل عزيز عودة
General topic: Law
Specific topic: Criminal Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: العراق هو احد دول الاقتصاد الحر الذي يقوم على المنافسة الحرة في اسواق الانتاج والخدمات ، واذا كان السوق في المفهوم الاقتصادي ، لقاء العرض بالطلب فان الدعاية التجارية هي التي تخلق السوق ، ومن باب اولى توسع دائرة السوق نفسهوالا سوق بلا دعاية ، والاخيرة يعنى بها عبارة عن مجموعة من الاجراءات الفنية التي تقوم بها مؤسسة ما ببثها من اجل الحصول على الزبائن ، او زيادة عددهم ، او الحفاظ عليهم وبذلك فان للدعاية التجارية غرضين هما تحفيز المستهلك للاقبال على شراء السلع والخدمات والثاني هو خلق منافسة بين السلع والخدمات المشابهة . وبذلك فان الدعاية التجارية وفق المفهوم المتقدم لا تشكل خطورة على الواقع الاقتصادي وعلى العكس من ذلك فهي تتبوا مكانة هامة في تسويق المنتجات مما يعود بالنفع على المنتجين والموزعين وبالتالي تساعدهم في تحقيق الارباح ومن جانب اخر فانها تساعد المستهلك للتعرف على المنتجات في ظل تعدد وتنوع تلك المنتجات ، ولكن اساليب المنافسة التجارية المستخدمة من قبل منتجي السلعة الواحدة تدفع البعض منهم الى اللجوء لشتى الوسائل قد تكون مشروعة او غير مشروعة وذلك من اجل زيادة عملية الشراء من قبل مستهلكي السلع التي ينتجوها بحيث ضاع مفهوم الكسب المشروع والتعاون على ماينفع الناس وطغت الاهواء الجامحة والسعي الى الربح السريع وغير المشروع اضرارا بجمهور المستهلكين ، مما يستدعي وضع ضوابط قانونية محكمة لمنع تزايد هذه الظاهرة ، ولكن يجب الملاحظة بان الدعاية حتى وان تضمنت معلومات هدفها التاثير النفسي والتهويل والاثارة والمبالغة فانها برمتها لاترقى الى مستوى عدم المشروعية من الناحية القانونية ، لان ابراز محاسن المنتجات ومزاياها دون التطرق الى السلبيات والتشويق النفسي المخالف للحقيقة والواقع ، هو امر طبيعي طالما ان الهدف من الاعلان التجاري هو ترغيب المستهلك ودفعه لشراء المواد المعلن عنها ، وان البطاقة الاعلامية وجدت اصلا لبيان المخاطر التي تنتج عن هذه السلع ، ولكن اذا تضمنت تلك الدعاية من المعلومات المضللة والكاذبة او غير الواضحة عن حقيقية السلعة فان مثل هذه الظروف تدفع المستهلك الوقوع في غلط الذي يلحق به ضررا كبيرا . ولما كان التشريع يعكس واقع المجتمع الاقتصادي والاجتماعي والمفروض انه يواكب التطورات التي تطرا على المجتمع ، لذلك برزت الحاجة الملحة الى وجود قانون يوفر الحماية اللازمة للمستهلك من الدعاية التجارية الكاذبة ، وتجسيدا لذلك صدر قانون حماية المستهلك 2العراقي رقم (1) لسنة 2010 ولكن مع هذا فانه تبين لنا مدى قصوره في معالجة جريمة الدعاية الكاذبة حيث ان النصوص القانونية الواردة في هذا القانون لم تكن كافية لمعالجة التجاوزات والمخالفات العديدة التي ترتكب في يومنا هذا ، من خلال اساليب الخداع المتطورة التي تمارس فيها الدعاية فاننا نلاحظ اهمية وجود نص قانوني موحد وشامل ينظم ويعالج الدعاية التجارية ويحدد الجرائم التي يمكن ان ترتكب من خلالها . وفي ضوء ماتقدم فقد تم تقسيم هذه الرسالة والموسومة بـ ( المسؤولية الجزائية عن الدعاية التجارية الكاذبة ) الى ثلاثة فصول : تناولنا في الفصل الاول دراسة الاطار النظري للدعاية التجارية الكاذبة في مبحثين وبينا فيه مفهوم الدعاية التجارية الكاذبة وتعريفهواخلصنا الى انها مجموعة من الادعاءات والبيانات المخالفة للحقيقة التي تقوم بها بعض الشركات المنتجة وغير المنتجة ببثها او كتابتها سواء تم ذلك بالاعلان التجاري او بالبطاقة الاعلامية .كما عرضنا لاطار القانوني لجريمة الدعاية الكاذبة من حيث الاساس القانوني لتجريمهواتمييزها عما يشابهها .وتكلمنا في الفصل الثاني عن الاحكام الموضوعية والاجرائية التي تحكم جريمة الدعاية التجارية الكاذبة ، وبحثنا فيها الركن المادي والمعنوي للجريمة ثم تطرقنا الى الشروع والمساهمة فيها ، ثم عرضنا الى اهم الاحكام الاجرائية التي تتميز بها هذه الجريمة .واستعرضنا في الفصل الثالث اهم الاثار لهذه المسؤولية من حيث نطاقها من حيث الاشخاص والجزاء المترتب عليها ، وذلك على مبحثين ، فتطرقنا في المبحث الاول حدود هذه المسؤولية من حيث الاشخاص التي تشمل ( المعلن ، المنتج ، المحترف ، الناقل ) وكذلك تناولنا موضوع المسؤولية الجنائية عن فعل الغير في جريمة الدعاية التجارية الكاذبة وامكانية مسائلة الشخص المعنوي عنها . ثم انتقلنا الى اهم اثر يترتب على هذه المسؤولية وهو الجزاء وقسمنا الجزاء الى العقوبات والتدابير الاحترازية ، بحيث تشمل العقوبات الاصلية والتكميلية اما التدابير فتناولنا منها ماهو متعلق بهذه الجريمة .اخيرا بخاتمة هذه الرسالة ضمناها اهم الاستنتاجات التي توصلنا اليها ، وخلصنا الى المقترحات التي يمكن الاخذ بها في هذا المجال لاسيما دعوتنا للمشرع العراقي الى ان يخصص فصل مستقل لجريمة الدعاية التجارية الكاذبة يتناولها من حيث صورهواعناصرهوااركانهواالجزاءات المترتبة عليها . | As a matter of fact, Iraq is really considered as one of the free economic countries which relied upon the free competition in the markets of production and services. If we may pin down markets in the economic conception, as the meeting of supply and demand, therefore, the commercial advertisement will be the cause that creates markets. So it is best to enlarge the market circle itself, as there is no market without advertisement. And advertisement now means as a bunch of the technical procedures in which a corporation may spread on for having customers or increasing their numbers or keeping them up . Therefore, a commercial advertisement has two purposes; firstly, to motivate consumers to buy merchandises and services, and secondly to create competition amid merchandises and similar services. Thus, commercial advertisement, according to the recent conception , it does not represent a risk on the economical reality. And contrarily , it does have an important position in marketing productive merchandise. And that will bring about and advantage to the makers and distributors. And will help them to achieve profits in one hand. And on another hand it will help consumer to recognize the productions under various number and type of these productions. Probably sometimes, the ways of the commercial competition used by the makers of one stuff may impel some to use various kinds of ways whether it is be legal or illegal. In order to increase the purchase operation by merchandise consumers which they do produce. So, in this way that may cause to lose the concept of the legal trading and cooperation for what benefits people, and the extreme desires are overwhelmed and the seeking for fast and illegal profit do harm customers. Thus, it demands to put the finger of arbitrary legal regulations to hold back increasing such phenomena. There has to be in mind that advertisement , even it includes information of the psychological effect, intimidation and exaggeration and suspension, it does not reach an illegal level at the law side. Because showing the productions, advantages and traits, without touching upon the disadvantages and psychological suspension will not be fit properly with facts and reality. It is really a natural matter as long as the reason for commercial advertisement is headed to motivate consumers and egg them on to buy the merchandise advertised about. The informative card is already created for defining the risks that may be produced by this merchandise . but if it includes untrue and deceivable or unclear information about the merchandise reality, so in such circumstances may let fall in mistake which do extreme harm. As the legalization does reflect the economical and social society state. And it is supposedly to catch up with the development which took place to society, so indeed the constant necessity to be such a law will provide the required protection to consumers against untrue commercial advertisement. For embodiment such a law, it has been issued for Iraqi consumer protection, No 1 in 2010. But despite that, it is really be noticed by us its inability in healing the crime of untrue advertisements. As the legal texts mentioned in this law, were not fit enough to fix up the various misbehaviors and misconducts which have been committed in our present time. That done through the developed deceiving ways which have been practicing such advertisements . Thus, we notice the importance of presenting a comprehensive and unified legal text which organizes and healing the commercial advertisement ,as well as identifies the crimes that may be committed .In reverence to what has been mentioned, this thesis titled(The Criminal Responsibility for The False Commercial Advertisements) has been divided we highlight the concept of the untrue commercial advertisement and identifies and concludes that it is a bunch of claims and unreal data to reality in which some of producing or non - companies do spread or writes down what is done via the commercial advertisement or informative into three chapters : in the first chapter we dealt with studying the theoretical framework to the untrue commercial advertisements in two researches. In it card. A well as, we did refer to a legal framework against the untrue advertisement crime according to the legal foundation to incriminate and distinguish it from what is similar to. In the second chapter we talked about the punitive and objective regulations which dominate the untrue advertisement crimes. And in it, we searched the immaterial and material pillar for crime, then we touch upon to attempt and taking part in it . later we worded up to the most important punitive rules which are distinguished by this crime. In the third chapter we took up the most important tracks of this responsibility according to its scope to individuals and the required punition for it. That done in two researches; in the first research we touched upon the limits of this responsibility, according to individuals who are included ( advertiser, producer, professional, transfer). Then we dealt with the punitive responsibility subject on indirect person action in the crime of untrue commercial advertisement and the possibility of holding to account the artificial personality . Later we shifted into the most important track which may impose over such responsibility ,i.e. punition. Then we divided punition into preventive penalties and due process, including complementary and original penalties. As for due process we dealt with what belonged to this crime.Lastly at the end of this thesis ,we include in it, the most conclusions we reach to, and resulted to the suggestions that may be taken in this field. Specifically out calling upon for the Iraqi project to keep an independent chapter for the untrue commercial crime that is dealt with according to its pictures, elements, pillars and punitive that caused by

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

Author name: منير حمود دخيل
Supervisor name: ميثم حنظل شريف
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: 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

استقلال القضاء الدستوري واثره في الرقابة على دستورية القوانين : دراسة مقارنة == The independence of the constitutional judiciary and its impact in controlling the constitutionality of laws : Comparative Study

Author name: حیدر علي ضایف خطار الموزاني
Supervisor name: ولید خشان زغیر الموسوي
General topic: Law
Specific topic: Constitutional Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Many states with different constitutional systems insist on the provident of legal guarantees which ensure the independence of the judiciary in to tally, because it is the apparatus which is responsible for the applying the laws andmaintaining the legal rights and freedoms, but this assistance of the independence of judiciary appears in large in the constitutional judiciary. Whether it is practicing by special courts, or by other kind or types of courts.Because the most important tasks of the constitutional judiciary is maintaining legacy and constitutional freedoms and rights. So, all constitutions in all different countries, which practice judiciary censorship on constitutionality of laws, concerning to establish the independence constitutional judiciary on rigid basis, and ensure the objectivity of constitutional agents to enable the judiciary to practice its roles correctly. The Constitutional Court is mandated to prevent the authorities from violating the provisions of the Constitution, to prevent the legislative authority from issuing laws that violate the provisions of the Constitution and to prevent the executive authority from issuing regulations and regulations that violate the Constitution. This role is exercised through constitutional supervision, It is imperative that the constitutional judiciary grant the independence necessary to exercise this role vis - a - vis the rest of the authorities. The legislative and executive authorities may try to influence the independence of the constitutional judiciary by limiting its role in monitoring through its intervention in its organization or its activities, Whist; therefore the constitutional independence ofthe judiciary is of no choice of it

البيع بشرط تصريف البضاعة il contratto estimatorio : دراسة تحليلية مقارنة == THE CONDITIONAL SALE CONSIGNMENT OF GOODS AN ANALYTIC & COMPARATIVE STUDY

Author name: احمد عبد السلام كاظم
Supervisor name: عماد حسن سلمان
General topic: Law
Specific topic: Commercial Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Private Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: Iraqi legislator did not define the consignment contract; nor did he regulate its provisions, although it has been frequently circulated in people transactions. The Civil Italian Law No. 262 for the year 1942 regulated its provisions in Articles (1556, 1557, 1558). So it did the Amended Uniform Commercial Code (UCC) of 1952, Section (2/326). It was also stipulated by UK Sale of Goods Act of 1979, Paragraph (4), and Section (18) that dealt with (the sale or return.) The consignment contract is a special in - kind contract under which wholesaler would deliver goods to retailer for sale within an agreed - upon time period, whereby the former retains ownership of the goods until the price be paid, while the latter shall take the risk of loss of the goods and be obliged to pay for whatever be sold with the right to return that which is unsold. The object of contract would only include the movables without real estates. It does not take place by means of mutual consent. Rather it must be concluded whenever a wholesaler hands over the goods to retailer. Besides, it is a netting contract binding on the parties, on each party a host of commitments shall be placed. It is an immediate contract whereby time is not considered an essential element in spite of a delay of payment.The consignment contract, although it is more like a sale contact, is not a sale contract. For the sale contract is a consensual contract governed just by a mutual consent of its two parties, while the contract in question is an in - kind contract concluded by no means but delivery. Neither is it a deposit contract, nor agency contract, nor commission contract, nor company contract and nor sale with the retention of ownership. Rather, it is a special contract, new in its legal drafting, and one of the contracts that might be treated rightfully and legally, for it is in conformity with public order and morals.Furthermore, the contract in question is devoid of ambiguity and ignorance. For the wholesaler, who wants to sell out the largest possible number of his goods, would decide to distribute these goods to retailers, determining the price of the goods and the time of sale. The retailer does not afford the price of the goods, would receive the goods from the wholesaler and bear the risk of its loss so that he can sell them out. The price gain is the difference between the price determined by the wholesaler and the price at which the retailer sell.Under the contract, the retailer is committed to sell out the goods in accordance with the principle of good faith, i.e. the retailer must make every effort to show the goods in question and encourage customers to buy. Any violation of above would entail that the retailer is acting on bad faith, that is when he decides to store in the goods rather than having them offered to the public. In such a case, the wholesaler is entitled to terminate the contract because the retailer breached its obligations to sell out the goods in good faith. The retailer shall adhere as well to a key commitment that he should pay for the goods that have been sold, as well as his commitment - which is at the same time his right - to return the goods that have not been sold during the agreed - upon period. The wholesaler shall in return be committed to deliver the goods subject of the contract.The consignment contract is an in - kind contract; it is originally not to be concluded nor does it exist without delivery of goods. It also entails that the wholesaler is committed not to have access to the goods while in the possession of the retailer, whatever that might be, whether mortgaging or selling of the goods. The wholesaler as well shall not claim a refund of the goods within the specified period of the sale. Under the contract, the liability for the loss of the goods shall be placed on the retailer upon delivery; he holds responsible for the cause of the loss, even if it was a foreign cause of which he does not have a choice. Nevertheless, the retailer shall not be liable for any loss in case of old goods. Creditors of the retailer may not hold on the goods so long as the retailer did not pay for the goods. Besides, the wholesaler shall retains ownership of the goods until the retailer pays for the goods. The creditors of the wholesaler may not seize the goods under contract. This ruling is derived from the text of Article (1376) of the Iraqi Civil Law which acts as an exception to the privilege of movable seller.The consignment contract ends upon the sale of the goods, which is the subject of contract, or by the end of the specified period of sale. Moreover, the contract in question is one of the contracts that is governed by personal considerations so that the death of the retailer might be one reason among many that leads to terminate the contract especially in case that a wholesaler is not convinced with the efficiency and integrity of the retailers heirs. The contract also deemed terminated if one of the parties is considered in breach of a commitment determined by the contract in question.

التنظيم الدولي لشرط التسليم او المحاكمة واثره في النظام القانوني العراقي == International REGULation of the CoNDITION OF extradiTION or TRIAL AND ITS IMPACT ON the Iraqi legal system

Author name: مهند هادي عبد الحسين
Supervisor name: محمد ثامر مخاط السعدون
General topic: Law
Specific topic: Public International Law
Degree: Master
University: University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language: Arabic
University location: Dhi Qar
First pages:
Abstract: The condition of Extradition or trial is a new and old condition, adopted by the " Grocius " 400 years ago, on day at which the international law as whole was undergoing a jelly - like period. It is now dealt with by the International Law Commission after the International law appears to be broad enough to suffer fragmentation.On the one hand, it links the requirement of condition of extradition or trial between international and criminal law, but this does not impair its international character , it is reflected positively on the international instruments that codified the international endeavor to prevent crimes known as transnational crimes, that have generated other close concepts to it such as inclusive jurisdiction and principle of integration .On the other hand, this international organization was revealed to be of three levels. First, the organization dealt the condition that research included the sources of its conditions and obstacles to effective application . The second level tackles the organization of international agreements to this condition, which take this condition out of its political nature to give it a purely legal character for the purpose of dealing with organized international crimes. This organization had a clear impact in the scope of energy transfer, technology, cybercrime and extradition conventions. The third level discusses the judicial regulation of the condition of extradition or trial, which is added up to this condition through the guarantees established by the judiciary so that to guarantee human rights and to violate his freedom . Finally, we come upon the impact of this condition in Iraqi legal system represented by the agreements that Iraq ratified and joined as well as its impact on criminal legislation, whether criminal or substantive. The study as well dealt with the point of condition in the special criminal laws .The requirement of extradition or prosecution is meant to pursue offenders and act upon prosecuting them in any place or to bring them to a party whom it wishes to put them into in order not to provide him with a safe haven. It is also clear that the Iraqi criminal legislation is free of any text that would include this requirement .

نتئج تنظير القولون والفحص النسيجي لمراجعي مركز التنظير البالغين في مستشفى الحسين التعليمي 2018 == Colonoscopic and histopathological finding among adults attending to Al Hussein teaching hospital colonoscopic center 2018

Author name: وجدان عجيل حسن
Supervisor name: علي عبد سعدون الغزي | فائز خلف عبد المحسن
General topic: Medicine
Specific topic: Community Medicine
Degree: Higher Diploma
University: University of Thi-Qar - Faculty Of Medicine - Department Of Family And Community Medicine
Language: English
University location: Dhi Qar
First pages:
Abstract: Colonoscopy is a preventive, diagnostic & possible therapeutic safe procedure .Its results influence patient’s life and outcome. To estimate the extent of abnormal colonoscopy finding among adults attended to colonoscopy center, to estimate the extent of pathological finding among patients which were biopsies had been taken , to find out the main determinant of clinical and pathological findings of colonoscopy , and to estimate the validity of colonoscopy hospital based analytical cross sectional study carried out. It is extended from beginning of February 2018 to second week of September 2018. It was carried out in Al Hussein teaching hospital in Al Nasiriyah city Thi Qar Governorate . A convenience sample of (178) attended to colonoscopy center was included in the study. The researcher try to study the socio - demographic characters and determinant using a well prepared questioner that approved by ethical committee. It was revised by two experts in medicine. Statistical Package for Social Sciences (SPSS) version 23 was used for data analysis P value (0.05) was a cut - off point for measuring statistical association .The colonoscopy findings for178 participants were as follow the normal cases were 76 (42.7%), internal hemorrhoid in 49 cases (27.5%) , nonspecific inflammation in 23cases (12.9%) , polyp in 20 cases in (11.2%) , inflammatory bowel disease in 7cases (3.9%) , colorectal cancer in 6 cases (3.4%) , and other diseases in 7cases (3.9%) Some patients had more than one abnormality.The histopathological result of colonoscopic biopsies for 39 cases which were as follow non - specific inflammation 25 cases (64.2%) ,colorectal cancer 6 cases (15.4%) , and inflammatory bowel disease 4 cases (10.2%) , and polyps 4 cases (10.2%) .About the diseases that diagnosed by colonoscopy there was a significant statistical association between age groups and specific diseases like inflammatory bowel disease, non - specific inflammation diverticular diseases , and polyps. No significant statistical association between age and colorectal cancer .Bleeding per - rectum is a big predictor sign and symptoms of lower gastrointestinal problems , and it is the main cause of referral. The Combination of diazepam and pethidine represent the highest percent (87.6%) of intravenous sedation used in 156 cases.Adequate bowel preparation in 133 cases (74.7%) while inadequate preparation was in 34 cases (19.1%) ,and bad preparation was in 11 cases (6.2).About the site of polyp we found that the most commen site of polyp others colonic polyp 9 cases (45%) , sigmoid polyp 6 cases (30%) ,and rectal polyp 5 cases (25%). While the distribution of carcinoma according to the site of location . Carcinoma of sigmoid were 3 cases (50%) , carcinoma of other colon were 2 cases (33.3%) ,and carcinoma of rectal was 1 case (16%). Sigmoid represent the most common site of occurrence of carcinoma.Colonoscopy is 92.30 % sensitive in diagnosis lower GIT problems .The most common cause of referral was bleeding per - rectum and most abnormal finding was internal heamorrhoid . Inadequate prepared bowel hide small pathology

معدل انتشار ومحددات الامراض المهنية في مدينة الناصرية في العام 2018

Author name: صفاء خضير عباس
Supervisor name: علي عبد سعدون الغزي | مسلم ناهي الهلالي
General topic: Medicine
Specific topic: Community Medicine
Degree: Higher Diploma
University: University of Thi-Qar - Faculty Of Medicine - Department Of Family And Community Medicine
Language: English
University location: Dhi Qar
First pages:
Abstract: Background : Occupational diseases and work - related injuries are a significant public health problem with severe consequences for workers and society (disabilities, lost working time, medical care). It's a major epidemic problem in the field of public health in developing countries .Aims : 1. Assessment of general workers' health.2. Exploring the extent and determinants of the occupational diseases in Al - Nasiriyah province in 2018.Method and material : An analytical cross - sectional study for exploring the extent of occupational diseases which was conducted in Al Nasiriyah thermal electrical plant, cable plant and oil refinery in the Al Nasiriyah - city at 2018. A multistage cluster sampling method was conducted to recruit (369) workers. The data gathered by survey questionnaire and processed by statistical analysis.Results : The extents of the occupational diseases and occupational injuries were about 68.02% and 22.5% respectively with diseased to non - diseased ratio equal to (2.1 : 1) and injured to non - injured ratio equal to (0.29 : 1) among the workers in AL - Nasiriyah city in 2018. The highest extent (46.6%) was being within the (From 41 - 50 years) age group. The extents of the occupational diseases for the males and females were accounting for 75.3% and 31.1% respectively with the male : female ratio equal to 12.2 : 1. Binary Logistic Regression was done for adjusting the confounder factors for systematically classified occupational diseases. An odds ratio was equal to (19.1).Recommendations : Introducing the speciality of the occupational doctor in primary health care. Requesting from the medical committees in Thi Qar Governorate Council of Nasiriyah for the establishment of the (Thi - Qar Occupational Medical Centre) to promote the optimal occupational medical care.

دراسة معدل انتشار ومحددات امراض العيون في العيادة الخارجية في الناصرية خلال عام 2018 == Epidemiology Of Ophthalmological Disease in Outpatient Clinic in AL - Nasiriya During 2018

Author name: هالة علي حسين
Supervisor name: علي عبد سعدون الغزي | واجدة سعد بنيان
General topic: Medicine
Specific topic: Community Medicine
Degree: Higher Diploma
University: University of Thi-Qar - Faculty Of Medicine - Department Of Family And Community Medicine
Language: English
University location: Dhi Qar
Key words:
  • AL Nasiriya
  • 2018
  • epidemiology of ophthalmological disease.
First pages:
Abstract: Background : Ophthalmological disease especially (ocular allergy) represents one of the most common conditions encountered by ophthalmologists.Allergic conjunctivitis is often underdiagnosed and consequently undertreated. Basic and clinical research has provided a better understanding of the cells, mediators, and immunologic events, which occur in eye allergy.Objectives : This study was carried out to provide a profile on the epidemiology of ophthalmological disease in outpatient clinic in Al - Nasiriya at 2018.Materials and methods : Cross - sectional analytical study involved 1000 patients, attending Al - Habboby Teaching hospital _ophthalmology out patient in Al Nasiriya , the study extended from February to September 2018. sociodemographic factor ,current history of ophthalmology disease and some determinants, specific investigation had implemented from each patient to assess the frequency ,determinants ,distributions of the commonest ophthalmological disease, (SPSS) version 23 had been in used to analysis data when be p - value <0.05 considered as significant statistically.Results : Female to male ratio was (1.277). Mean age (35 - +2.0) , the highest Prevalence ophthalmological disease according prevalence rank as follow (allergy, viral conjunctivitis , cataract ,bacterial conjunctivitis and foreign body) the result was (32.1%,14.5%,9.5%,4.6%,4.1%) respectively. While lowest prevalence of ophthalmological disease was (astigmatism ,hyphema ,lazy eye, hordeolum, sebaceous cyst) the result was (0.1%,0.1%,0.1%,0.1%,0.1%)respectively. Where resident and education had significant statistical association.Conclusion : Ophthalmological disease specially allergy are becoming more common in Al - Nasiriya . Increasing levels of allergy carry significant clinical and economic implications, with more people at risk of the sight - threatening complications associated with high allergy.
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