Proceedings of " DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION" Conference最新文献

{"title":"Criminalization cretirea and its effect in determining the track of criminal legislationion, A study under the contemporary criminalization theories","authors":"Mohammed Hassan","doi":"10.21928/uhdicdial.pp52-64","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp52-64","url":null,"abstract":"in this research we will examine the bases and the aspects of criminalization process .also we will try to come up with principled justification of why it wants to criminalize certain kinds of conduct. in addition we will determine obviously about the best principles or criteria we should apply when deciding whether to criminalize a certain kind of conduct .also we will elaborate the questions concerning when its come to such important matters as which conduct to criminalize . thus we will going to describe the more recent theories in connection with this subject by analayzing and determining the best ways to avoid the the misuse of criminal law . all of these study we will depend on the philosophical dimension of the Iraqi legislator .unfortunately .its clear that there are no methodology in dealing this crucial process by legislator ,due to the Fact that our legislations -especially criminal kinds have been often affected by y political idealism which makes deviation in in the process","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115086009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Divorce problems Divorce from a man does not occur except in court model","authors":"Aladin Jenko","doi":"10.21928/uhdicdial.pp238-250","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp238-250","url":null,"abstract":"\"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia.\"","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128186443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Base estoppel and its impact on modifying the binding force of the contract","authors":"Asos Namiq","doi":"10.21928/uhdicdial.pp213-221","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp213-221","url":null,"abstract":"The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only one to rescind or amend it. The mandatory limits of the contract are not limited to what the contracting parties have agreed only, but include all of its requirements in accordance with legislative and customary rules, and what justice requires, and what is imposed by the nature of the full-time obligation of the contract. When executing the contract, the extent of the debtor’s commitment to the contract is measured in the manner in which it is implemented, and his agreement with the requirements of the contract, that is, the closer the method of implementation is with the requirements of the contract, the debtor is considered on the right path in fulfillment, and the more the method of implementation is far from the requirements of the contract, the debtor is considered in breach of his contractual obligations. Since the debtor may deviate from the prescribed path in some cases due to the difficulty of implementing the obligation on the one hand, and the difficulty of harmonizing the circumstances and methods of implementation on the other hand, the law allowed the creditor to object to the debtor’s behavior whenever he saw it as different from the contract based on the binding force of the contract. But this right granted to the creditor is not an absolute right. Rather, it is restricted by his act or statement that revealed to the debtor the safety of his conduct in the implementation of the contract, meaning that despite the recognition of the right to object to the creditor, the creditor may be suspended by what was previously issued by him, i.e. closed The door of objection to it, and this is called the rule of judgment closure that we have chosen as the subject of our study. We deal with it by research and study to show the limits of this rule, and its impact on modifying the binding force of the contract, whether by making mandatory certain clauses in the contract or even creating new clauses, or by stripping a contractual obligation of its binding force.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115266772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"organizing legislative initiative in kurdistan region","authors":"Hewa Rasul","doi":"10.21928/uhdicdial.pp141-151","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp141-151","url":null,"abstract":"The regulation of the legislative initiative is one of the sensitive and important issues in the field of regulating the relations between the three authorities in the state, especially the legislative and executive authorities, and that is why we find that the majority of countries dealt with it in their constitutions through general constitutional principles, because the constitution determines and regulates the powers of the authorities, in the Kurdistan Region not We have a constitution at the time of writing this research, and that is why the Kurdish legislator was forced to deal with it through the ordinary laws and the internal system of the Parliament of Kurdistan, and this is what made it subject to many changes during the past thirty years. This competence, for example, in light of the abolished internal system of Parliament, the Council of Ministers in the region had the competence of two types of legislative initiative, namely, the submission of draft laws as well as draft legislative decisions. He was left with nothing but the right to present draft laws, and these many changes led to a state of instability in the organization of this jurisdiction Which is an important part of the legislative process, and based on this, we took the initiative to write this research in order to show how to organize it in the light of the developments that took place in this field at the level of different countries and in a way that serves the stability of relations between the authorities in the region.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133569684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The constitutional and legal framework for the institutionalization of the Kurdistan Regional Parliament","authors":"O. Hassan","doi":"10.21928/uhdicdial.pp251-276","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp251-276","url":null,"abstract":"This research is discussing on the institutionalizing case of Kurdistan Region entity and Kurdistan Parliament as the primary power in its parliamentary political system in the state institutionalizing framework. This insight gives us the opportunity that institutionalization case through state forming module, development and dissolving based on the institutionalization theory should be considered. In this situation, we need to fcus on the most powerful political body in the Region which is the. parliament and its institutionalization framework. The research discusses power and its role with duties to achieve the obligations through the constitutional law and its norms with the tools to facilitate and run its duties. Thus, the main obstacles facing the institutionalization of the Parliament will be known, while the parliament is highly considered by civilians and people of Iraqi Kurdistan.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122969146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal risk and its impact on criminal individualization","authors":"A. Mohammed","doi":"10.21928/uhdicdial.pp222-237","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp222-237","url":null,"abstract":"This paper deals with the concept of criminal danger and its effectiveness within the authority of the judge in assessing the penalty, or punitive individualization. Criminal danger as stated in its statement as a psychological condition and potential danger in the future as a result of research and investigation of several factors and motives in the personality of the offender, and research in his social environment, has an impact and close connection With the penalty and its assessment on the offender, the duty to reveal this case falls within the responsibility of the judge through a pre-judgment examination, and it begins from the first stages of committing the crime all the way to the judgment and assessment of the appropriate penalty. It carries it from the privacy and differentiation. As for assessing and individualizing the penalty, it is the result of a correct and in-depth reading of the offender’s personality to reach what is better and more appropriate for the offender towards reforming and returning him fit to live in society.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116353336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"\"Violation of the principle of equality when drafting the punitive text Legislation issued by the Parliament of the Kurdistan Region as a model\"","authors":"Sardar Azeez","doi":"10.21928/uhdicdial.pp85-103","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp85-103","url":null,"abstract":"Observing the principle of equality when drafting punitive texts is one of the basic components of successful legislative drafting . And that equality before the law is closely related to justice, because justice requires the formulation of the rules of the law in a general and abstract manner in a way that all those who address the law enjoy its protection and are subject to accountability. Since there are international charters and treaties that Iraq has joined or ratified, most of them contain explicit texts about the equality of individuals before the law. Therefore, the legislative drafting of punitive texts in a manner that achieves equality is an implementation of the international obligations resulting from ratification or accession to these international conventions and treaties. In addition, laws that are legislated in contravention of the principle of equality are considered unconstitutional laws because they are in violation of the Constitution, and the provisions of ordinary law may not contradict the principles of the Constitution.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127920702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criterion of the administrative court jurisdiction in the shadow of the code of consultation council of Kurdistan region No. (14) of 2008","authors":"S. Saeed","doi":"10.21928/uhdicdial.pp25-41","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp25-41","url":null,"abstract":"The Kurdistan legislator has adopted, affectedly by both the Iraqi legislator and Egyptian legislator, in the consultation council of Kurdistan region code No. 14 of 2008 a mixed criterion for determining the jurisdiction of administrative court, as he has depended on a criterion which is based on the administrative decision on one hand, and another criterion which relies on the determining the dispute on the other hand. This has led to the jurisdiction deactivation of the mentioned court due to the weak drafting in terms of logic and language","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121763457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judicial oversight of applications submitted to the administration is a reason for its development","authors":"Yahya Abdullah","doi":"10.21928/uhdicdial.pp191-212","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp191-212","url":null,"abstract":"\"The administration performs a great task in the life of modern societies, through its intervention to satisfy public needs through the establishment and management of public utilities that aim to achieve the public interest and respond to the requirements and necessities of daily life, as well as protecting public order, and regulating the relationship between them and individuals with constitutional and legal texts, as well as The organizational rules that lay down the general framework for public liberties and individual rights, all to prevent them from practicing any activity outside the framework of legality. Originally, the administration is not obligated to issue its decisions in a specific form, as it is free to choose the external form of these decisions, unless the law requires it otherwise. This requires that the decision be embodied in an external form in order for individuals to know the will of the administration and to adjust their behavior according to its requirements. However, the implementation of this rule on its launch, may negatively affect the rights of individuals, because the administration may sometimes deliberately remain silent about deciding the requests submitted to it, or it may neglect at other times to respond to these requests. Existence of apparent decisions in an external legal form, meaning that the matter remains in the hands of the administration, if it wants it will respond to the requests of individuals, and if it wants to be silent, which constitutes a waste of their rights, a violation of the principle of equality, and confiscation of the right to litigation guaranteed by the constitution, it requires protection of individuals from the inconvenience of the administration And the abuse of their rights, and put an end to the neglect of employees and their indifference to the requests or grievances submitted to them, in addition to the fact that the requirements of the public interest require that the administrative staff exercise the powers entrusted to them by law at the present time. ( ) For these justifications, the legislator intervened in many countries, including France, Egypt, Lebanon and Iraq, to ​​suppose that the administration had announced its will, even if it remained silent or silent about deciding on the request presented to it, and this resulted in an implicit administrative decision of rejection or approval. As a result of the large number of state intervention in the economic and social fields in recent times, it has led to the multiplicity and diversity of state agencies and institutions, and the public administration often does not provide its services to individuals except at the request of individuals. Therefore, it may be difficult for individuals to identify a competent administrative authority to submit their request to. to get those services. He makes a mistake and submits it to a non-competent administrative body. When this authority is silent and does not transfer the request to","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134138703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law","authors":"M. Jafar","doi":"10.21928/uhdicdial.pp65-84","DOIUrl":"https://doi.org/10.21928/uhdicdial.pp65-84","url":null,"abstract":"The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.","PeriodicalId":234585,"journal":{"name":"Proceedings of \" DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION\" Conference","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124420470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}