ISSN: 1994-4721

Current Issue
Volume 28, Issue 1994

Volume 28, Issue 1994, Autumn 2018, Page 1-278


Criminal Liability For Riot Crimes(Comparative study)

Prof. Dr. Mohammed Ali Abdul-Ridha Aflook; Researcher. Ali Hassan AbdulSahib

Basra studies journal, Volume 28, Issue 1994, Pages 1-32

Riot is considered as an uncivilized phenomenon which affects immensely government's capabilities and resources; moreover it threatens the security and safety of society. Also, riot crimes are deemed to be one of the serious social troubles which endangers security and stability of a State, and widely spread out terror and panic among people, especially during the social peace periods.
This study tackles the topic of (riot crimes) as riot is considered a phenomenon that has grown in many countries and has become an approach pursued by masses and riot planners. They believe that riot crimes could achieve their goals whether they were political, social of economic.
Man is under practicing behaviors under influence of motives which are ones of human behavior characteristics. Motives are defined as powers or internal psychological energies that direct and coordinate behaviors of an individual during the times of responding to attitudes and other influences surrounding him.
The traditional riot crimes did not cause serious social effects to this extent, as the case nowadays, and perhaps the modern patterns and methods, or mass ones as wellincommittingsomeriotcrimes,alongwithrevolutionof telecommunications and information and satellite TV channels have made news of such crimes arrive at an extraordinary speed at the door of each house. The lack of data, information and statistics may make such crimes be not sufficiently cared for.

Implementing the budget of governorates non- regular in the region ( Comparative Study)

Asst.Lect. Zainab Abdul Kadhim Hassan

Basra studies journal, Volume 28, Issue 1994, Pages 33-56

It is important to help the governorates that are not organized in the region to promote their active and positive role to have their own financial resources to help them develop their facilities and to move more freely in the implementation of their projects for the governorate, and on this basis have a special budget includes all the revenues expected to be obtained And the expenses to be spent during the fiscal year to achieve financial and administrative independence in accordance with the principle of administrative decentralization under which it operates. Given the importance that is occupied by the local budget we will discuss the mechanisms of implementation and the terms of reference granted to the existing bodies Implementation in Iraq, compared with other countries.

The legal basis of the liability of the shipper A comparative study

Assis. Prof. Dr. yousif Auda Ghanim; Researcher. Ammar Malik Abdal Rada

Basra studies journal, Volume 28, Issue 1994, Pages 57-82

It is understood that the shipper is an essential party to the contract of carriage of goods by sea as the shipper has many obligations to fulfill, otherwise his contractual liability will arise alongside with the possibility of raising his tort liability as a shipper when damages occur to other persons who are not parties to the contract of carriage.
Whatever the nature of the shipper's liability, being familiar with such liability needs to determine its legal basis as each sort of liability has a different basis built upon, whether this basis represented by the mistake to be proved by the plaintiff, the presumed mistake, the presumed liability or the objective liability. Moreover, the nature of the obligation and whether it is an obligation of result or an obligation of means has an impact on determining the basis of liability and the party who bears the burden of proof.
The majority of the comparative laws - as a general rule - established the shipper's liability towards the carrier on the basis of the mistake to be proved, and founded certain obligations which are imposed on the shipper on the basis of the objective liability, a liability based solely on the occurrence of the damage and the existence of a causal link between it and the breach of the obligation on the basis of which the objective liability arise, There is no doubt that objective liability is so strict with regard to the shipper. Therefore, the cases based on which this liability will arise must enumerated clearly in the law as is the case under the comparative laws.

The Penal Protection for President of the Republic in his Honor and Consideration)A Comparative Study)

Assis. Prof. Dr.Ghazi Hanoun Khalaf; Researcher.Tabarak Najm Abood

Basra studies journal, Volume 28, Issue 1994, Pages 83-106

The position of the republic president is one of the most significant positions in the state. The republic president is the sponsor of the independence, land safety, constitution and law, treaties of the state. He is the top official responsible for the application of the constitution and the existence of the state.
And one of the most important forms of protection of the president is the criminal protection in its honor and consideration, which is the establishment of special legal texts that criminalize aggression in honor of considering the President of the Republic and impose severe penalties, compared with the penalties prescribed for the same behavior if any employee or public service or any other citizen.

Legal Procedures For The Merger Of Commercial Banks

Asst.Lect. Nabaa Ibrahim Farhan

Basra studies journal, Volume 28, Issue 1994, Pages 107-132

An agreement leading to the joining or union of two or more banks resulting in either the loss of moral personality of all the merged banks and the emergence of a new bank enjoys moral personality or remains the moral personality of one of the banks wishing to merge, and in all cases transferred rights and obligations of the merged banks of the new bank or the bank integration and the importance of the effects that As a result of the banking merger, the legislations have adopted a set of legal procedures with the aim of imposing some kind of control over the merger and separated in these procedures, some of which are pre-merger, including after approval of the merger decision. Iraqi these procedures through the instructions to facilitate the implementation of the Banking Law No. 94 of the year 2004 issued by the Central Bank of Iraq

The Criminal Protection for People With Special Needs on the Level of Punishment(Acomparative Study)

Prof. Dr.Hassan Hammad Al-Hamad; Researcher.Abu Talib Juma Al- Maliki

Basra studies journal, Volume 28, Issue 1994, Pages 133-178

We dealt with the subject of criminal protection for people with special needs at the level of punishment in two researches.
The first one we assigned for the criminal protection on the level of general aggravating circumstances and the other one we assigned for the obstruction as a special aggravating circumstance for the punishment
The people with special needs do not have the same physical or mental abilities as the right person because they suffer from one or more disabilities, which makes them unequal to the rest of the society; this case will effect on their abilities for protection when committed a crime a against them - which justifies their need to the special criminal protection, which shows that the availability of disability in the victim must have an impact on the level of punishment for the offender.
We have concluded that the planned criminal protection is weak, So, a lot of crimes that may be committed against members of this category are free of putting .the disability as an aggravating circumstances of punishment except the general aggravating circumstances for punishment which will not be enough and which is not - sufficient to provide adequate criminal protection of this category which allows to emphasize on its basis which calls the Iraqi legislator to make disability an aggravating condition for punishment and to be stressed and based on it.

The Legal System of The Human's Right in A Safe Enviro Nment

Prof.Dr. Sajd Ahmeid Abl AL-Rekabl; Asst. Lect. Hadeel Hani Sawan AL-Asdi

Basra studies journal, Volume 28, Issue 1994, Pages 247-278

The clean environment is one of the basic rights of human; such as the right to life and the right to body safety and so on. This right has been enshrined in the various legal rules, whether international, general and private agreements for protecting the environment from land, water and air pollution, and national legal rules, which are represented by legislations ,on one hand, and the various legal methods possessed by the administrative control bodies that are used to achieve their goal of protecting the environment on another hand .And the latter varied between preventive methods is to do all that would protect the environment from pollution, or remedial methods are in the form of administrative sanctions to expect to address the cases of pollution of the environment that has already occurred to reduce its harmful effects permanently or reduce them. All this is done by applying the legal texts in international conventions and the Constitution and the laws to protect the environment from pollution.
key words:
 pollution.
 human rights.
protection of environment.