Search — Iraqi Digital Repository

Search results: 24 out of 749

السؤال بوصفه من وسائل الرقابة البرلمانية على اعمال مجلس الوزراء : دراسة مقارنة == The Question To Be Discriped As The Parliamentary Control Matters On The Acts Of Ministers Council A Comparative Study

Author name: محمد فاهم سلمان

Supervisor name: عدنان عاجل عبيد

General topic: Law

Specific topic: Constitutional Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: اصبحت الرقابة البرلمانية من الموضوعات الاساسية التي تحرص الدساتير على النص عليها، كما ان ممارسة الرقابة البرلمانية تعد ضرورية لضمان عدم انحراف وتسلط الادارة وقيامها بالعمل على وفق السياسة العامة للدولة، فضلا عن انها تنصب على المخالفات، كل ذلك جعل الدس | Parliamentary control has become one of the key issues that are keen constitutions on the text on them, and that the practice of parliamentary oversight is essential to ensure that no deviation and shed management and its work according to the public policy of the state, as well as they focus on irregularities, it all made constitutions governing the methods and procedures of parliamentary oversight. This is parliamentary control aspects of the work of the government or one of its members and their equivalents in the multi - media owned by members of parliament direction of against him, and most important of these means the right of Parliament to ask the Prime Minister or a minister in respect of the affairs under their specialty, is the question parliamentary one way owned by the members of parliament in the face of the government and that enables them to follow government activity in various quarters documented in a formal way, in order to ensure the functioning of the executive branch, according to the will of the nation and its will, especially since the parliamentary oversight is an essential task exercised by the parliament on the agenda and the government's actions and be held accountable when failure to perform its functions in the public interest. Thus, the question is a regulatory tool aimed MP from which to obtain information about something unknown, or check get caught arrived knowing him or find out what the government intends to take in something, and the question several types as may be written in terms requires this type of questions be answered in writing, which may be orally and here are the answer verbally in front of members of parliament, and may be the question sooner draw in case there is an urgent and necessary, and as an asset in not directed at these questions only in matters within the jurisdiction of the government because the government is not responsible for the things that He graduated from the scope of its jurisdiction. And that the objective of the study is to identify how they are to ask the question Parliamentary to the government of the Prime Minister and Ministers concerned by the statement of the conditions necessary to bring the question and procedures, and effects that can arrange it after submitting conform to these conditions and due process, and we decided to shed light on the subject of Parliamentary question by dividing the subject of research in three chapters we discussed in the first parliamentary question what, and we have dedicated the second chapter to the subject of the statement and question the parliamentary procedures, while the third chapter Me effects that can result from asking the question Parliamentary

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

Author name: حسن خنجر عجيل التميمي

Supervisor name: محمد اسماعيل ابراهيم المعموري

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

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

Language: Arabic

University location: Babylon

First pages:

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

جريمة التلاعب باسعار الاوراق المالية : دراسة مقارنة == The Crime Of Manipulating In Stock Prices Comparative Study

Author name: عمار فاضل كريم

Supervisor name: عمار عباس كاظم الحسيني

General topic: Law

Specific topic: Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: تعرف جريمة التلاعب باسعار الاوراق المالية بانها افعال احتيالية يرتكبها الشخص منفردا او بالتواطؤ مع غيره للتاثير على سعر الورقة مالية في سوق الاوراق المالية للحصول على منفعة من خلال اصطناع فرق بين قيمة الورقة وسعرها، ولهذه الجريمة ثلاث حالات يسعى المتلاعب | The crime of manipulation in stock prices can be defined as the fraudulent acts committed by the person solo or in collusion with others to influence the price of the stock in stock exchange market in order to obtain benefit through producing a difference between value and price of equity, and this crime has three states that the manipulator in stock prices seeks to achieve it; which are either through making artificial rise in prices or either in seeking artificial decline in prices or the aim of that is the artificial stabilization of prices.Also the crime of manipulation in stock prices has many social and economic risks which can be seen in destabilizing economic stability and disrupting economic development and giving a misleading image about the value of equity, and finally the crime of manipulation in stock prices is considered as one the most important reasons of occurrence the economic crises.The fact that the material element of the crime of manipulation in stock prices can be achieved only through the positive behavior by committing any act which would compose false or misleading impression about stock prices, on the other hand the mental element of the crime, as well as the general intention, requires special intention stipulated by legislator which is creating false or misleading impression about the effectiveness of the market, besides it needs to do so a special basis through stock that represents the scene where the crime is committed. We dealt with the research theme in three chapters; we devoted the first chapter to identify the crime nature of manipulation in stock prices, the second chapter is devoted to explain the elements of the crime, and we set aside third chapter to demonstrate criminal effects of crime, then we concluded the study with the most important findings and recommendations

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

Author name: باقر عبد الكاظم علي الكرعاوي

Supervisor name: طيبة جواد حمد المختار

General topic: Law

Specific topic: Public International Law

Degree: Doctorate

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

Language: Arabic

University location: Babylon

First pages:

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

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

Author name: نجاة كريم جابر الشمري

Supervisor name: عبد الرسول عبد الرضا جابر الاسدي

General topic: Law

Specific topic: Private International Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

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

الرقابة المصرفية على عمليات غسل الاموال : دراسة مقارنة == The Banking Supervision Of Money Laundering A Comparative Study

Author name: طيبة احمد علي

Supervisor name: ابراهيم اسماعيل ابراهيم الربيعي

General topic: Law

Specific topic: Commercial Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: يعد موضوع الرقابة المصرفية على عمليات غسل الاموال من المواضيع المهمة والمتعلقة بالنظم الاقتصادية، وذلك لما للمصارف من دور فعال في الحياة الاجتماعية والاقتصادية، فضلا عن دورها المهم في التنمية الوطنية بوصفها مركزا اساسيا للائتمان وتمويل المشاريع التجاري | The role of banks in monitoring money laundering transactions regarded as a main topics in economics systems; as banks play an active rule in so social and economic life.Also banks have vital part in national prosperity because it represent a main center for credit and for funding commercial projects and public services for all members of society.Bank should monitor all of his transactions, and there are a necessity of monitoring legality of bank accounts opening and banking credits. Bank Monitoring guarantee the transparency of financial transactions and avoid the many dangers, especially the phenomenon of transforming money from illegal sources to legal one by money laundering.Money laundering take many forms, some of them related to banks, like guarantee loans , Documentary letter of credit, banks accounts. Other forms are non - banks related, like using stock exchange markets and shell companies or through opening accounts and transferred money by electronic means to avoid detection by authorities.So Bank monitoring divided in two types : internal monitoring commence by bank boards of of administration or any entity have authorization by bank to do so.External monitoring execute by other authorities like central bank and external accounts oversight.The bank have many protocols and procedures to monitoring financial transactions, the main procedures are represent by two stages; The first stage to thwarted money laundering like verification of credibility of clients which include gathering Data from internal and external sources about client's financial status and take a right decision based on that data. Also bank stored all documents related to client's identity and sources of his money and all transactions between the bank and the client which enable bank to use this documents as an evidence to resolve issues arise between them.The second stage start after the discovery of money laundering of suspicion arise about it. This stage have many procedures like inform authorities to investigate the suspicious activities, and also freeze and seized assets related to this activities.From all that we concluded that bank have to make a balance between his right to monitor suspicious activities and the client's right of maintaining good reputation. The reasons for balancing is to avoid damaging client's reputation by issue a hesitate decisions relating to suspicions of money laundering. Also this decisions could held bank responsible in civil compensation especially if the client is a well - known merchant and that weakened his credibility.Also the bad decisions by bank could held him liable administratively by higher authorities, because bank have responsibility to choose right employees.

جريمة الانتفاع من المقاولات او الاشغال او التعهدات : دراسة مقارنة == A Crime Of Benefit From The Construction Works Or Undertakings A Comparative Study

Author name: علي حمزة جبر

Supervisor name: لمى عامر محمود

General topic: Law

Specific topic: Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: تعد جريمة الانتفاع من المقاولات او الاشغال او التعهدات من اخطر الجرائم التي تقع على الوظيفة العامة وعلى المال العام المتمثل بالعقود العامة , اذ ان الجريمة محل البحث تمثل تعديا وانتهاكا للمباديء التي يقوم عليها التعاقد في عقود المقاولات او الاشغال او ا | It is of the most serious crimes, which lies on the public office and public funds that representative by the contracts, since the crime in question represents an infringement and violation of the principles of the contracting, which include confidentiality and respect the principle of equal opportunities and respect for free competition among the candidates to win the tender. However, those principles may be violated by the officials who are responsible for the tendering and contracting, therefore; the legislature intervened to criminalize for employee who is getting benefit or commission of completing these stages that he is in charge of. Thus, based on the importance that imposes itself as a necessity of the necessities of scientific research in such a subject and through what we have mentioned above, we have reached some results , the most important of them is inadequate punitive text cited by the legislator as a punishment against the perpetrators of this crime and that is disproportionate to the size of this crime by increasing its perpetrating rates, and that not following the legislative development given to this crime comparing with the legislation of Kuwait, Egypt who are very strict in the consequences of this crime. Also, we did not find enough attention from the legislature to avoid the occurrence of this crime by strengthening the legislation governing public contracts because this legislation's inflation and its plentiful is another factor of committing this crime. So we have asked the Iraqi legislator to edit the text of Article 319 of the Iraqi Penal Code to increase the punishments with redrafting the text to include the various situations that are used by the perpetrators to commit the crime, also we have asked the Iraqi legislator to issue a public contract law to be the special legal reference for the public contracts, and cancel all legislation, regulations, instructions and classified in one of legislation package. The importance of this topic is come from two sides : The first is the theoretical side, the subject of our research occupies a paramount importance in terms of legal research because there is no a specialized legal reference "in Iraq" has been dealing with this crime in all its parts, and have not get adequate attention by the Iraqi jurisprudence, as the jurisprudence does not mention the crime only through transient signals which do not meet all the tenors and contents of this crime. Furthermore, this topic has passed several of legislative developments in Egypt, Kuwait and France, but did not cast enough attention from the Iraqi legislature, where the legislator did not take the initiative to review the punitive provisions that dealing with the public contracts, including the text of the article (319). The second side is the practical importance of this topic where this importance come from the importance of public contracts themselves for being the mouthpiece of the most important aspect of the management's activities and through which it seeks to meet the needs of individuals as well as of the importance of protected interest which legislator wanted from criminalization text, namely the protection of the integrity of public office and public fund. The problem of the research is concentrated on the inadequacy of the punitive text cited by Iraqi legislator in Article 319 in the Penal Code as a main punishment imposed on the perpetrator of the crime ,and is thus contrary to the principle of aggravation punishment for crimes related to public fund, but that the punishment lagging from the articles that preceded it as the crime of mala fides damage of the funds and interests which cited by the legislator in Article (318).Whoever cause detrimental damage to the of one of the government departments and the public sector will be penalized by an imprisonment while the employee who get benefit from work of contracting will be punished by imprison or imprisonment for a term not exceeding ten years in addition to the lack of clarity of Iraqi legislator concept regarding the case of restitute of public funds for this crime and common crimes having same effect. Sometimes adapts it as a financial penalty and sometimes put it in a vague situation. As part of the applied field, the provisions of the Iraqi judiciary has reinforced the dilemma contained in Article 319 of the Penal Code, which reached to the extent that empties punishment of its content.The majority of rules issued by the judiciary are imprisons, unlike the aggravation that we'll find in judicial rules comparing with other countries, especially Egypt and Kuwait.In line with what has been presented, we have adopted the analytical comparative method in the study through the legislative texts that dealt with subject to reach the results that the study aimed to. Relying on the position of the legislators in Iraq, Egypt, Kuwait, France for the purpose of comparison, also some international conventions that ratified by the legislation under study will be discussed , since it became an integral part of internal legislation, and whenever required for the search.The scope of the research in this study was distributed into two sides : First, is the legislative side, which is limited on the side of criminality punishment only as beyond the scope of our research into the use of public contracts in the administrative legislation and what is the authorization of the management to impose punishment against the beneficiary employee of such contracts. The second is with respect to how to handle the topic of this study, as it was limited on the objective side only, while the procedural aspects that might be against the crime will be outside the scope of our research.A consistent plan has been created in line with the objectives of the study and its goals, and based on that we will divide the research into three chapters preceded by an introduction. The first chapter will be allocated to indicate and explain what the crime of benefit from work of contracting is. This chapter consists of two sections, the first section deals with the concept of the crime of benefit from work of contracting, and the second section deals with the crime essence and the protected interests in this crime. The second chapter is devoted for studying the elements of crime, and this will be through two sections. The first section deals with the special basis of the crime, and the second section deals with the general basis of the crime. The third chapter is displaying the effects of the crime and that's by two sections, the first section is devoted to state the penal effects of the crime, and the second section will state the non - penal effects of the crime. Finally, we will write a conclusion at the end of this thesis, stating the results, recommendations and proposals.

مبدا المساواة في القانون الجنائي : دراسة مقارنة == Principle Equality In Criminal Law Comparative Study

Author name: حسين ياسين طاهر

Supervisor name: اسراء محمد علي سالم

General topic: Law

Specific topic: Criminal Law

Degree: Doctorate

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

Language: Arabic

University location: Babylon

First pages:

Abstract: مبدا المساواة من المبادئ الاساسية التي يتوقف عليها تحقيق العدالة من خلال ضمان عدم التمييز بين الاشخاص بسبب الجنس او العرق او القومية او الاصل او اللون او الدين او المذهب او المعتقد او الراي او الوضع الاقتصادي او الاجتماعي، لذلك يكفل عدم التمييز بين الاشخا | Equality is regard as a basic principle in criminal law , the fair depend on equality which is all the people ideal target to reach so the powerful men try to concern and pretending equality this is from one side , from the other side the rules of criminal laws conducted with most important rights of human being like his life , body safety , and his freedom and this is cannot be done without non discrimination because of the race, root , or nationality or color or religion or believe or opinion or economic situation or social situation , so non discrimination among people can guaranteed the equality to convince people with absence of non discrimination , but this can face some difficulties in applying because of the privileges awarded to some people due to their law positions and the nature of protected rights by criminal text laws ,so the literal applying of equality caused non equality due to the un fair affected whom their legal positions or the rights under assault so the legislator working to resolve the non discriminated practically with abstract view regardless of personal considerations due to the coverage of solo discrimination is impossible. to reach the equality and getting the target of penalty and guaranteed its effectiveness the judicial power awarded estimated power to increase the rehabilitation versus the hurts of punishment and because both is reached during executions the judicial power authorize the means which could complete the target of punishment by considerations of personal discriminations.The importance of equality in judicial law include all the texts parts and regulations process parts. the changing in the target of penalty reflects on most principals of judicial law including equality which take a modern concept different from the previous concepts. previously the equality was viewed as numerical legal aspect for all people without discrimination and this is a result for logical criminal concepts but after transition in punishment of crimes the personal standard arise and offender start to viewed as person out of right side and the target of punishment is rehabilitations and to reach that the fitness of punishment with the offender should be taken as reality.To cover the subject of research we take it in three parts : The first part is what is the equality in criminal law which is divided into two research the first one subjected to the principal of equality in criminal law.The second part subjected to the basic and its unity of equality in criminal law.The second part subjected with the legal provisions of equality in criminal law which include two research the first for texts for equality in criminal law.The second research for regulations of equality in criminal law.The third parts subjected to two researches the first one for exceptions in equality of crimes and punishments which we deal it in two research.The first one for some exceptions for crime and punishment.The second for the exceptions in rules of regulations

حماية النساء والاطفال اثناء النزاعات المسلحة == Protection Of Women And Children Armed Conflicts

Author name: حيدر كاظم عبد علي السرياوي

Supervisor name: عصام عبد الرزاق العطية

General topic: Law

Specific topic: International Humanitarian Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

المسؤولية الجنائية الفردية في القضاء الدولي الجنائي : دراسة نظرية مقارنة

Author name: علي حسين علوان العبيدي

Supervisor name: علي زعلان نعمة العبادي

General topic: Law

Specific topic: International Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: The criminal Responsibility of the Individuals in the Criminal International Justice.This thesis deals with criminal responsibility of the individuals in the criminal international justice. I have chosen this subject because the peace of the world is an aim most of the state want it but even if this peace is out of reach still can be achieved if the international community as states and individuals abide by some of legal rules and basis. One of these rules is the concept of the criminal responsibility of the individuals which arises on the international field recently. This subject has vital importance in the criminal international justice because what resulted from it is the conviction of a person or clear his side from the guilt being alleged especially if he has an official responsibility like the heads of states or the military commanders besides the common individuals ofthose could be brought before the international criminal justice. The thesis is divided into two chapters Chapter one deals with the meaning of the responsibility of the individuals which is divided into two parts. Part one deals with criminal responsibility of the individuals and the legal base therefore. Part two deals with the international responsibility upon the state action. This part contain three demands. We discuss thereon the international responsibility of the state especially over those individual working for the account of the state because the state shall be responsible for theiractions. Rome statute does not allow any kind of immunity during any stage of the lawsuit.Chapter two deals with the conditions of absence of the individual criminal responsibility and it is divided into two parts. Part one deal with the reasons of permissibility and it has two demands. The first one is the higher orders and the second one is the legitimate self defense. Part two deals with the reclusions of the responsibility which are coercion, intoxication, the mental illness and the mistake or facts and the law.Finally, I would like to express my deep appreciation to my advisor Dr.Ali Zalan Nima who was a great help to me with his valuable suggestion and support I have reached the aim of this study.

التنظيم الدولي لمكافحة جريمة تجنيد الاطفال في النزاعات المسلحة == International Regulation To Combat The Crime Of Recruiting Children In Armed Conflict

Author name: فلاح مهدي عبد السادة

Supervisor name: سرمد عامر عباس

General topic: Law

Specific topic: International Humanitarian Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

التداول السلمي لمنصب رئاسة الدولة : دراسة مقارنة == Peaceful Circulation Of The Office Of The Presidency A Comparative Study

Author name: رائد حمدان عاجب المالكي

Supervisor name: رافع خضر صالح شبر

General topic: Law

Specific topic: Constitutional Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

Abstract: The Subject of the research : There is no doubt that the tendency of "assembly and community" is a necessity of humanity. The existence of this community goes hand in hand with the existence of the political power which governs and regulates its affairs. As a result, the political power and the community are born together, without this power there is neither regulation nor liberty. Therefore, The political power is ,in the first rank, a social phenomenon, and there is no possibility of its existence without being within this community. Being a need, the existence of power may be accompanied with many defects. The most important defect is that it is considered as a limitation of human liberty when it is fair and, it is a violation of that liberty when it is an authoritarian. As such and to balance this necessity of power on one hand, with its risks on the other, there should be a necessity of disciplines and principles that limit the acts of power, and determine a structure of its exercise in the way that the aim of its existence can be achieved and its risks can be deterred. The "peaceful circulation" among these various principles, is the most important. especially at the level of "presidency". It is this principle which is regarded as a basic guarantee for achieving the political settlement and protecting the individuals rights. Accordingly, most of the constitutional documents adopt the principle of "peaceful circulation" by providing it expressly and directly, the constitution of Iraq 2005 is an example, or implicitly by stating the means of peaceful circulation of power, its constitutional regulation, and legal guarantees. Currently, the peaceful circulation of power becomes a demand of most of peoples in the world which suffer injustice and tyranny. Being of a great importance, the peaceful circulation of power has been studied at the level of presidency on which the power is exercised in most of the states in the world. The importance of the subject of research : the research gains its importance due to two sides; Theoretical and Practical. The theoretical one is represented by the fact that the constitutional systems provide the president with wide authorizations and powers; and giving this position a lot of care and importance. This importance is reflected on their care in the necessity of adopting the principle of "peaceful circulation" in the process of transmission of this position, so as not to be a cause for invalid dispute and competition, which violates the settlement and assurance of surviving the constitutional institutions in the state. The practical side is represented by the existence of the power, especially the position of presidency, which is in the hands of humans, opens the door to the likelihood of abusing it, takes it out of the scope of its function and makes it a means of tyranny. And that is what the human experiences have proved in their long history. Here comes the role of the peaceful circulation of power in general, and of the position of presidency in particular, for it represents a basic guarantee for protecting the individuals rights and liberties, and keeping the settlement of state and order. In addition, the subject of peaceful circulation of power addresses two problems; theoretical and practical. The former concerns itself with the constitutional and legal provisions dealing with peaceful circulation of power in general, and with the position of presidency in particular, whereas the latter is concerned with the way of dealing with these constitutional and legal provisions. In Addition to the complexity of the problem of peaceful circulation of presidency in Islamic system, because of little political and legal studies in this matter, and because it is the first time we deal with such problem. 302 Research methodology : The method adopted in this research is analytical, practical, and comparative, based on the constitutional systems in United States of America and France from the western systems, for the rich constitutional experience in these two systems with respect to the circulation of power in general, and the position of presidency in particular. In addition to these two western systems, the research has investigated two Arabic systems, Iraqi and Lebanese, for the practical reality of circulation of power and its problems in Lebanon, and for the recent experience of that principle in Iraq, and the attempts of developing and strengthening it. The research is limited to one of the manifestations of peaceful circulation of power, that is, "The peaceful circulation of presidency". The research compares this principle in the constitutional systems previously mentioned. Alongside these systems, the research deals with the peaceful circulation of presidency in Islamic system according to the theory of governance of the Sunnis and the Shia Imami, with most contemporary views of Muslim jurists. The research is divided into two parts as the following : Part one : The peaceful circulation of presidency in the positive constitutional systems. This part is subdivided into two chapters : Chapter one presents the essence of peaceful circulation in positive constitutional systems. It is subdivided into two sections, the first is about the concept of peaceful circulation of power, whereas the second shows the mean of this circulation and its guaranties. Chapter two deals with the legal regulation of peaceful circulation of presidency in positive constitutional systems. This chapter is subdivided into two sections, the first shows the legal regulation of the inauguration of president, whereas the second deals with the legal regulation of the duration of the mandate of the president and the legal regulation of the case of the vacancy of the president position. Part two : The peaceful circulation of presidency in Islamic system. It is subdivided into two chapters. Chapter one shows the essence of peaceful circulation of power in Islamic system. This chapter is subdivided into two sections, the first is about the concept of peaceful circulation of power in Islamic system, whereas the second deals with the approval of Islamic system of peaceful circulation of power. Chapter two deals with the legal regulation of the peaceful circulation of presidency in Islamic system. This chapter is subdivided into two sections, the first deals with the legal regulation of the inauguration of president in Islamic system, whereas The second shows the expiry of the mandate of president and their impact on achievement of the peaceful circulation of presidency in Islamic system.

الدور السياسي للقضاء الدستوري : دراسة مقارنة == The Political Role of Constitutional Judiciary A Comparative Study

Author name: ميسون طه حسين

Supervisor name: عدنان عاجل عبيد

General topic: Law

Specific topic: Constitutional Law

Degree: Doctorate

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

Language: Arabic

University location: Babylon

First pages:

التقاضي عن بعد : دراسة مقارنة == Remote Litigation Comparison Study

Author name: نصيف جاسم محمد عباس الكرعاوي

Supervisor name: هادي حسين عبد علي الكعبي

General topic: Law

Specific topic: Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

First pages:

سلطة القاضي التقديرية في فسخ العقد : دراسة مقارنة

Author name: هشام فالح

General topic: Law

Specific topic: Civil Procedure Law

Degree: Master

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

Language: Arabic

University location: Babylon

الدعوى الموجزة : دراسة مقارنة

Author name: محمود عبد القادر هلال

General topic: Law

Specific topic: Civil Procedure Law

Degree: Master

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

Language: Arabic

University location: Babylon

دور الارادة المنفردة في نقض العقد : دراسة مقارنة

Author name: حسن عبد الله محمد العنسي

Supervisor name: عزيز كاظم جبر الخفاجي | علي زعلان نعمة

General topic: Law

Specific topic: Civil Law

Degree: Master

University: University of Babylon - Faculty Of Law

Language: Arabic

University location: Babylon

التدخل الانساني في ضوء القانون الدولي العام == humanitarian Intervention in International Law

Author name: محمد غازي ناصر الجنابي

Supervisor name: مرشد احمد السيد

General topic: Law

Specific topic: Public International Law

Degree: Master

University: University of Babylon - Faculty Of Law

Language: Arabic

University location: Babylon

مسؤولية رئيس الدولة

Author name: مروان محمد محروس المدرس

General topic: Law

Specific topic: Constitutional Law

Degree: Master

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

Language: Arabic

University location: Babylon

ترج المسؤولية الجزائية : دراسة مقارنة

Author name: الاء عبد اللطيف سعيد عسكر

General topic: Law

Specific topic: Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

التدخل التمييزي في الدعوى الجزائية

Author name: ذكرى محمد حسين الياسين

General topic: Law

Specific topic: Criminal Law

Degree: Master

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

Language: Arabic

University location: Babylon

الرقابة القضائية على سلطة الادارة في انهاء العقد الاداري

Author name: رفاه كريم رزوقي كربل

Supervisor name: غازي فيصل مهدي

General topic: Law

Specific topic: Public Law

Degree: Master

University: University of Babylon - Faculty Of Law

Language: Arabic

University location: Babylon

الطعن في احكام المحاكم الادارية

Author name: اسماعيل صعصاع غيدان البديري

General topic: Law

Specific topic: Administrative Law

Degree: Master

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

Language: Arabic

University location: Babylon

حظر اسلحة الدمار الشامل بموجب قواعد القانون الدولي : الاسلحة البايولوجية والكيميائية والاشعاعية == The prohibition of Mass Destruction Weapons According to The Rules of International Law : Biological - Chemical and Radiological Weapons

Author name: عمر جميل منصور

Supervisor name: علي زعلان نعمة

General topic: Law

Specific topic: International Law

Degree: Master

University: University of Babylon - Faculty Of Law

Language: Arabic

University location: Babylon