Final Statement of the Legislative Reform Conference: Towards a Good Government and Fighting Corruption

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Final Statement of the Legislative Reform Conference: Towards a Good Government and Fighting Corruption

Post  Admin on Sat May 05, 2018 10:05 am

[ltr]The Honorable Dean of the Faculty of Law, Dr. Ahmed Sami Al Mamouri, and the Director of the Al-Naba Foundation for Culture and Information, Mr. Ali Al-Talaqani, the Honorable Minister of Higher Education and Scientific Research, Dr. Abdul Razzaq Abdul Jalil Al-Essa, The Faculty of Law at the University of Kufa held its third scientific conference in cooperation with the Al-Naba Foundation for Culture and Information, in which 122 papers were submitted to participate in the conference. The conference was divided into (6) axes and presented in an opening session (4) evening sessions of the same day on the halls of the Faculty of Law at the University of Kufa and (2) morning session on Thursday, 26/4 / 2018.[/ltr]
[ltr]Through the presentation and discussion of the participating researches, and during the period of the conference, the participants reached a number of recommendations distributed on the six axes of the conference representing the essence of the final statement of the conference as follows:[/ltr]
[ltr]I. Recommendations of the axis of legislative reform in the field of administrative law, decentralized system, public function, administrative decision and the axis of legal mechanisms necessary to achieve the concept of good government[/ltr]
[ltr]1. We recommend that the legislative and executive authorities take seriously the international reports on governance indicators and improve government performance in light of them.[/ltr]
[ltr]2. The principle of the rule of law must be applied to the ruler and the ruled. Immunity is given to the context of the performance of the public office and not to protection from submission to the law.[/ltr]
[ltr]3. To control corruption through the application of mechanisms related to the identification of sources of money and the establishment of scientific frameworks for exchange authorities.[/ltr]
[ltr]4. Achieving economic development tracks through diversification of income sources, development of the industrial and agricultural sector, domestic and foreign investment, and the results thereof: reducing the unemployment rate, reducing poverty.[/ltr]
[ltr]5. Achieving social development tracks through respect for social diversity, minority rights, social services (education, health care, electricity, water).[/ltr]
[ltr]6. Activating representation and public participation and applying the principle of accountability through the available remedies and transparency in the availability of information.[/ltr]
[ltr]7. Responding to the different requirements of the society, and containing the dissenting opinion and exhibitions.[/ltr]
[ltr]8. Developing the quality of control over the work of the government between official (parliamentary) control and the control of the fourth authority, civil society organizations and public opinion.[/ltr]
[ltr]9. The reform of civil service laws and regulations has a direct impact on the fight against administrative corruption. Administrative negligence, bureaucracy, red tape and administrative slandering are among the causes of administrative corruption. Therefore, it is necessary to reform these regulations in the following paragraphs:[/ltr]
[ltr]First paragraph / Reforms related to salary and pay system[/ltr]
[ltr]1. To take into account the design of salary and wage policies and to determine their rates and their suitability with the financial possibilities of the state and the cost of living with a minimum that meets the basic needs of living.[/ltr]
[ltr]2. Adopting the policy of wages and salaries, including family and social allowances as a tool for social guidance.[/ltr]
[ltr]3. The policy of salaries is flexible enough to address the scarcity or abundance of human resources required to fill different types and levels of jobs.[/ltr]
[ltr]2. Dissemination of job awareness.[/ltr]
[ltr]The second paragraph: Economic reforms: The most important starting points of economic reform are the following:[/ltr]
[ltr]1. Timetable and Inclusiveness:[/ltr]
[ltr]2. Pursuing reforms and determining speed in reform:[/ltr]
[ltr]3. Independent economic decision.[/ltr]
[ltr]4. Economic reform does not mean giving up the independent national economic decision, but it must be made by a national and the role of international institutions should be the role of provider of support and funding, not preparation of the program.[/ltr]
[ltr]Third paragraph: Social reforms:[/ltr]
[ltr]To improve the society to a civilized level away from the phenomenon of underdevelopment and ignorance and social differences, and eliminate bad habits and traditions, and create a coherent and clean social environment and this through some means, such as the dissemination of awareness and culture among members of society, and allow them to participate in public opinion and activities, (Simplification of procedures) to eliminate the routine which is one of the causes of administrative corruption, and among the following means:[/ltr]
[ltr]1. Development of the national spirit[/ltr]
[ltr]This factor is one of the most important factors that help to discard the reasons that lead to corruption within the administration. Therefore, the state has the burden of intervening to modify the systems so that they are fit to accommodate all the political forces that reflect the social facts. It can destroy narrow loyalties, whether political, social or religious, and replace them with new forms of national loyalty. Through this, the state has emphasized the importance of one of the values ​​that affect the behavior of individuals towards power and society. National loyalty provides incentives for innovation, Responsibility.[/ltr]
[ltr]2. Focus on the moral aspect:[/ltr]
[ltr]The focus on it is through the dissemination of values ​​and good principles, and always alert that corruption is a vice and that the owner is an outcast and a human being is not only that the main reason behind the corruption in the Muslim countries as some refer in origin to the reluctance of God Almighty, Allaah says (interpretation of the meaning): "Whoever gives up my memory, he has a poor life." (Taha, 124). Therefore, following the Islamic values ​​and ethics which do not change according to whims helps to fight corruption.[/ltr]
[ltr]The most important entrance to the treatment of corruption in general and administrative corruption in particular is the implantation of religious values ​​in the individual, the heavenly religions in general emphasize the sanctification of work and respect for duty and maintain the time and tools of work.[/ltr]
[ltr]II. Recommendations of the axis of legislative reform in the field of constitutional law, constitutional bodies and guarantees of human rights[/ltr]
[ltr]1. We recommend that the political and legislative decision maker expedite the enactment of a new modern law for local and national elections to be consistent with the requirements of the political stage and its complex crises.[/ltr]
[ltr]2. We recommend legislators to find alternatives to the current electoral system and to shift from the family of elections on the basis of proportional representation to more practical systems of the Iraqi situation. Perhaps the best of these systems is what is known as the family of the majority representation on the basis of individual election, with the necessity of education and electoral awareness by Where the efficiency, integrity and sincerity of the country away from the characteristics of religious affiliation, ethnic, party bloc, clan and gender, otherwise no alternative electoral system may come as the fruits of the desired change.[/ltr]
[ltr]3. We recommend the Iraqi legislator to adopt the system of individual elections, if not in the national elections, at least as a pilot phase in the local elections because it is the original system under[/ltr]
[ltr]The problems that Iraq suffers from financial and administrative corruption, sectarian and political segregation, and the absence of the Iraqi national identity. The election on an individual basis guides the anarchism of the party and makes it move from fragmented pluralism to rational pluralism and bipartisanism. The candidate is the most efficient and the most efficient candidate is the winner, thus creating a disciplined legislative authority that strengthens the values ​​of citizenship and a functioning and strong national government because the will of the voter under this system will be effective through his full knowledge of the candidate to base this system on the basis of multiple constituencies at the level of One portfolio.[/ltr]
[ltr]4. Taking advantage of the global experiences that have taken the electoral system on an individual basis, including parliamentary experience in the UK and the US, France, Iran and other experiences such as those witnessed by Arab countries such as Jordan and Kuwait at the legislative level, The individual or the districts in the royal era issued by the decree of the election of the Iraqi Council of Representatives No. (6) for the year 1952.[/ltr]
[ltr]5. We recommend the Iraqi legislator to stay away from hybrid and proven systems, both in the contemporary Iraqi situation. In other cases, such as those that call for the continuation of the elections according to the St. Lago method, with amendments, it may increase mud, or calls calling for mixed system with what may be better to And solidarity in the context of that with all national calls calling for the legislation of an electoral law that transfers the Iraqi state with all its problems and crises and the cases of corruption that witness to the ranks of stable countries with a strong and effective federal government and a harmonious parliament and not subject to desires blocks The most correct of these electoral systems for the current Iraqi situation is the electoral system of the majority on an individual basis, as we have noted.[/ltr]
[ltr]6. In order to distance the High Commission as a procedural body for the politicization of the components and blocs, it is necessary to amend its law no. (11) for the year 2007, making it far from what was approved by the political blocs in it what is known as the political balance, ie, the sharing of the board of commissioners among themselves which makes the Commission offer political and partisan interventions For uncertainty and lack of transparency and neutrality, and the solution to the legal amendment towards the choice of members of the Board of Commissioners and the President of the National Independent Elected Elite or through the selection of judges to the Board of Commissioners.[/ltr]
[ltr]7. Review articles (5.3) of the IHEC law to ensure the establishment of a mechanism for the selection of members of the Board of Commissioners and Directors General of the Independent High Electoral Commission to ensure the impartiality and independence of the Commission and away from the influence of the House of Representatives.[/ltr]
[ltr]8. The need to include in the Political Parties Law a text specifying the maximum limit for the financing of political parties and the sources of funding.[/ltr]
[ltr]9. We recommend the Iraqi legislator to provide for the formation of a court in each governorate of a part-time judge to investigate electoral crimes and to force the Commission to refer candidates who commit acts contrary to the electoral law and electoral regulations issued by the Commission to that court.[/ltr]
[ltr]10. The law should stipulate that candidates who commit acts constituting electoral crimes should be excluded from the lists of candidates.[/ltr]
[ltr]11. Amend the system of campaign spending regulation by obliging political parties to disclose their sources of funding, not only to indicate the amounts spent during the election campaign period, and to provide for deterrent penalties that would prevent the regime from breaking the law, such as approving the party or dropping a candidate's name.[/ltr]
[ltr]12. We recommend that the legislator stipulate that the holders of higher posts and special grades must resign from their posts at least three months before the polling day to ensure that their influence on the job, places of work, and public service or funds is not exploited in electoral propaganda.[/ltr]
[ltr]13. Article (61 / VI) of the Constitution shall be re-processed in order for the trial of the President of the Republic to take into account the political, judicial and equitable aspects of the Constitution. The composition of this article shall be composed of eight members, half of whom are judges of the Federal Supreme Court and the Court of Cassation. And the other half of the members of the Council of the Union, without the Chamber of Deputies, since the latter is competent under Article 61 (VI) of Article (a) of the Constitution to charge the President of the Republic, because the current text of item (b) Contrary to the provisions of Article (94) of the Constitution.[/ltr]
[ltr]Article VI of Article 61 of the Constitution should read as follows:[/ltr]
[ltr](A) Accountability of the President of the Republic on the basis of a reasoned request, by an absolute majority of the members of the House of Representatives in one of the following cases:[/ltr]
[ltr]The perjury in the constitutional oath.[/ltr]
[ltr]Violation of the Constitution.[/ltr]
[ltr]Great treason.[/ltr]
[ltr](B) The trial of the President of the Republic shall be before a special court composed of sixteen members, eight members of the Council of the Union, at least half of whom shall have experience in the exercise of the judiciary or of specialists in constitutional jurisprudence, and eight other judges of the Federal Supreme Court and the Federal Court of Cassation, The Tribunal is headed by the oldest member.[/ltr]
[ltr](C) The conditions for the application of this Article shall be determined by a law enacted by a two-thirds majority of the members of both Houses.[/ltr]
[ltr]14. To provide effective control over the exercise of the exceptional powers of the Government to protect the rights and freedoms of individuals and to make use of judicial control to the extent possible in the face of any abuse by the administration and to compel it to respect the limits laid down in the Constitution and the law.[/ltr]
[ltr]15. The need to establish special controls in the internal laws and regulations of parliaments to facilitate the impeachment of parliament members to technical experts known as technocrats in various disciplines to assist Parliament in filling the legislative and regulatory gaps that it suffers and the need to benefit from modern means of communication to monitor the work flow In the government institutions, and upgrading the members of parliament by providing them with modern information, and their association with research and scientific centers on how to perform their parliamentary work in the regulatory and legislative aspects as well, Endodontic effective an impact on the government.[/ltr]
[ltr]16. The need to establish research centers for the parliamentary work or support independent private bodies and to strengthen and develop their work because of its great role in pushing the monitoring activity of parliament to a better level by providing MPs with information and benefiting from the studies and research provided on the parliamentary work and recommendations to strengthen the role of Parliament In the regulatory field.[/ltr]
[ltr]17 - The need to promote and strengthen civil society organizations, to prepare public opinion on everything that the government is doing and control its work in the organized form through the means of modern communication video and audio.[/ltr]
[ltr]18. Activate all means of parliamentary oversight of the government in line with the increasing role exercised by the government in the contemporary constitutional systems, and expand in the areas of use within the framework of cooperation between the government and parliament and transparency in the announcement of the results of investigative committees before public opinion.[/ltr]
[ltr]19. Raise awareness and sound legal culture for voters as the right to choose those who have the right to exercise the legislative and legislative functions of the Parliament, whether due to their expertise and specialization in these areas or because of their experience in the work of the executive authority and understand how to exercise it. In this context, it is preferable to focus on diverse disciplines, thus contributing to an integrated understanding of all issues.[/ltr]
[ltr]Third: Recommendations of the axis of legislative reform in the field of criminal law and the search for the effectiveness of criminal legislation in the reduction of crime and the study of new criminal phenomena[/ltr]
[ltr]1- To increase public awareness of the seriousness of corruption and the importance of combating it, instilling moral values ​​and promoting religious awareness through the mass media, education and culture systems, seminars and lectures.[/ltr]
[ltr]2 - Holding training courses for public servants in the public and private sectors, especially new employees, to find out what included the code of functional conduct, as well as to strive hard in specialized courses for staff each according to his specialization.[/ltr]
[ltr]3 - The investigation of corruption cases requires difficult procedures because the corrupt resort to the use of twisted methods in the commission of the crime, making it difficult to detect these crimes and we find it necessary to grant the Integrity Commission other powers of the thorough investigation of the perpetrators of corruption crimes.[/ltr]
[ltr]4 - the need to tighten the penalty of corruption crimes, especially the crime of bribery and embezzlement and amend the penal laws for the seriousness of crimes committed and to reduce the commission of these crimes.[/ltr]
[ltr]5 - To promote a culture of integrity and respect for public money and the definition of the importance of preserving it and through the teaching of integrity in various stages of education and since childhood must be built conscious person keen on public money and encourage activities that fight corruption.[/ltr]
[ltr]6. The commitment of all employees of the government apparatus to the Code of Conduct, which is based on the principles of justice, transparency, accountability, professionalism and neutrality, and the belonging of employees to their institutions and work to achieve their mission and objectives and to take responsibility, has a great role in developing the culture of integrity of the employee and enhances his efficiency and effectiveness in the performance of his duties, The public servant is there to serve people in an appropriate and civilized manner.[/ltr]
[ltr]7. To develop and review national laws and legislations relating to the fight against corruption in various forms, and to work towards eliminating the conflicts that may be encountered, and intensifying efforts to reform them and in accordance with the spread of this phenomenon.[/ltr]
[ltr]8 - The need for an independent judiciary, impartial and courageous, such a judiciary can not corrupt and spoilers influence it, as one of the objectives of these elimination of the judiciary and neutral mission, especially if there is close cooperation between them and political power.[/ltr]
[ltr]9 - The need to formulate a national strategy integrated, realistic and effective and compatible with international resolutions, covenants and codes for the fight against corruption, and lay the foundations for the professional choice of implementers to change the physical and moral patterns of society.[/ltr]
[ltr]IV / Recommendations of the axis of legislative reform in the area of ​​Iraq's obligations under international law and experiences of States to achieve the concept of good government and the fight against corruption and international humanitarian law[/ltr]
[ltr]1. In relation to corruption crimes, the Iraqi legislator has in principle been in line with the United Nations Convention against Corruption of 2004, whether in general laws or special laws, and has departed from the provisions of the Convention only as an exception. Through our study of the provisions of this agreement and the analysis of its texts and its comparison with the Iraqi legislation, we found that there are provisions that should be included in Iraqi legislation, especially that Iraq has become a member of this Convention. Based on the advanced study and its results, we make the following recommendations:[/ltr]
[ltr]2. The enactment of specific provisions for the criminalization or tightening of penalties for bribery crimes by entities that represent moral persons having influence or effective influence in administrative or financial corruption are distinguished from those provisions which dealt with the provisions of bribery in accordance with the general principles of the Penal Code[/ltr]
[ltr]3. To legislate laws on the accountability of international personnel who work in international or regional organizations or deities that have headquarters in Iraq.[/ltr]
[ltr]4. To codify provisions on the exploitation of influence or trade in influence, as it represents a serious risk affecting the economic infrastructure in Iraq, which is witnessing a remarkable development in recent times.[/ltr]
[ltr]5. Studying and applying mechanisms of disclosure, openness and transparency by emphasizing the commitment of public sector employees to their responsibilities in disseminating information to the public through legally organized mechanisms, responding to their inquiries and following up their work.[/ltr]
[ltr]6. To develop a general perception of measures, means and means to prevent and combat corruption from the procedural, preventive, monitoring and punitive aspects and to work with them to implement them.[/ltr]
[ltr]7. Develop relations with international organizations related to combating corruption, establishing transparency and money laundering, especially Transparency International and participating in the World Bank's anti-corruption efforts.[/ltr]
[ltr]8. Develop the capacities and skills of public scientific, administrative and technical staff.[/ltr]
[ltr]9. The need to develop anti-corruption mechanisms in international conventions to suit the specificity of the country in which they will be applied, while emphasizing the common objectives of all these countries to achieve a high level of good governance and transparency and not to obstruct efforts to accede to international and regional conventions against corruption. .[/ltr]
[ltr]10. The need to establish a special anti-corruption body in each of the countries of the world, composed of personalities with credibility and impartiality, giving it full independence and granting full powers and immunity in the conduct of investigations and decision-making and the development of carefully studied strategies and apply the real concept of financial and administrative control and judicial for those who attack public money and those who commit Corruption crimes and to make the United Nations Convention against Corruption more effective and effective.[/ltr]
[ltr]11. Establishing international conferences and seminars, preparing research and studies on anti-corruption, and making recommendations and decisions in force, especially as confronting this huge tide of diverse corruption is through the promotion of a culture of healthy human values ​​centered on collective responsibility.[/ltr]
[ltr]12. Expansion of international cooperation and other international conventions between States in the exchange of information and experience, asset recovery, judicial assistance and extradition, especially in corruption offenses, and the invocation by States of their national sovereignty in that regard because they have ratified the Framework Conventions.[/ltr]
[ltr]13. To cooperate internationally and regionally to combat corruption in all its forms and other phenomena related to corruption such as organized crime and money laundering, and to accede to and ratify international treaties and conventions that combat corruption.[/ltr]
[ltr]14. States that do not incorporate anti-corruption provisions and provisions into national laws should be held to be internationally responsible, although the United Nations Convention against Corruption has not addressed the international responsibility of the offense or non-integration.[/ltr]
[ltr]15. The establishment of an international court in the style of the International Criminal Court, which will deal with crimes of corruption, the prosecution of corrupt and corrupt public figures, including money-laundering crimes in Third World countries whose people are unable to bring them to justice.[/ltr]
[ltr]Fifth: Recommendations of the axis of legislative reform in the field of commercial transactions, companies, investment, banks and financial markets[/ltr]
[ltr]The transparency of the laws governing the investment and the stability of its legislative provisions. The stability of the legislative provisions provides the investor with the firm basis for his expectations and reflects the confidence in the stability and stability of the conditions surrounding the investment environment, and the opposite will generate concern about the non-continuity of the assumptions on which his investment decision is based. The organization of the investment process, and the non-inclusion of investment legislation for all issues that address and regulate the investment process, which opens the possibility of jurisprudence on the aspects omitted by the legislation governing investment and differences of jurisprudence from the official Another, and from time to time, which would prejudice the fairness of the legislation might prevent receiving, as it is not reasonable to prevent the investor from the right of ownership of property in accordance with the law , while the law allows investment.[/ltr]
[ltr]2. Facilitating the procedures for obtaining the investment license and procedures for its implementation.[/ltr]
[ltr]3. The existence of one entity to deal with the investor and to what extent the investor provides the time and effort and facilitate the licensing procedures and implementation of investment away from the administrative complications and administrative corruption.[/ltr]
[ltr]4. The main aspects of the business environment, which are the conflict of decision-making, lack of transparency and bureaucratic overlaps with business decisions, lead to increased transaction costs. Therefore, allowing foreign investment and providing incentives may not necessarily lead to investment. The imbalances in the implementation of the policy, which discourages investors wishing to invest, the high degree of government regulation, and central decision-making to achieve harmony between objectives and coordination of policies are necessary factors to facilitate the business environment.[/ltr]
[ltr]5. Measures to promote foreign direct investment are an element in creating the business environment. Governments seeking investment and seeking to improve the image of their countries among investors have realized a favorable position to invest in the importance of encouraging information access to decision makers, particularly those that are not clear and not attractive to them. Foreign investor, and thus rely on direct contact with potential investors, especially the important investors.[/ltr]
[ltr]6. Post-investment services are a means of ensuring that investment remains as long as possible. The benefits to the host country are behind the implementation of a successful program to promote large investments, especially for export investments, provided that the climate is attractive for investment and provides lucrative investment opportunities. In contrast, most studies suggest that the implementation of an efficient promotional program is less costly than applying tax exemptions.[/ltr]
[ltr]7. Promotion of investment as a type of marketing Advocacy workers should be experienced and efficient in the process. Ideally, semi-governmental organization enables the ability to attract the necessary skills from the private sector, to provide government services to investors, and to free it from government routine.[/ltr]
[ltr]8. Focusing on encouraging local investment by allowing the establishment of private shareholding companies to benefit from national savings and encouraging them to partner with the public sector in financing large national projects in infrastructure, such as investment of pensioners 'funds or investment of citizens' savings.[/ltr]
[ltr]9. We recommend the Iraqi legislator to issue a special system dealing with the establishment and registration of companies within the free zones of Iraq, in accordance with the general principles of companies and in accordance with the advantages granted to investors in these regions or the issuance of an investment law covering the subject of investment in free zones in all aspects, including the establishment and registration Companies in those areas.[/ltr]
[ltr]10. We recommend that the Iraqi legislator to rely on the system of incorporation or electronic registration of companies that intend to invest in Iraqi free zones.[/ltr]
[ltr]11 - There is a preference and discrimination for the foreign investor to the Iraqi investor, because the procedures of registration or establishment of companies required the national investor without the alien to transfer 50% of profits to the inside in foreign currency, and this distinction is critical, because it leads to the reluctance of Iraqi investors to invest in free zones, And resort to the free zones in neighboring countries to invest in them, so we call on the Iraqi legislator to eliminate this discrimination in order to encourage Iraqi investors to invest in free zones.[/ltr]
[ltr]12. The Iraqi legislator must move forward in a way that distinguishes it from the rest of the Arab legislation, by stipulating the provision of bank interest due to customers on their fixed deposits and others. Thus, the Iraqi legislator has created a new framework to address the problem of compensating for the loss of profits from the deposit of bank money, which supports public confidence in the banking sector.[/ltr]
[ltr]13. Reconsidering the designation of the chapter on the legislative texts governing bankruptcy, and we believe that the name should be ("Bankruptcy Law") and amend its articles and the names of those articles accordingly. This may be based on a desire to highlight this law and modernize its articles in line with modern legislative trends .[/ltr]
[ltr]14. Activating the philosophy of bankruptcy in its dimension of the interest of the community to be re-evaluating projects and support the renaissance is the main objective as long as there is a chance and hope emerging to return the merchant's normal course of action without going strongly to the month of bankruptcy and make it the first goal and the only goal.[/ltr]
[ltr]15. Reconsidering the text of Article 569 of the Bankruptcy Law in respect of the attachments to be submitted by the merchant where he requested the month of bankruptcy. Such return shall be in terms of:[/ltr]
[ltr]16. Re-codification of document (a) in article (569/1) to be in the form of automatic ((mandatory business books or what they do legally)).[/ltr]
[ltr]17. Abolish the documents mentioned in (b) and (c) of the said article, so as to be satisfied with the contents of document (a).[/ltr]
[ltr]18. Review the second paragraph of Article 567 of the bankruptcy law, which allowed the heirs of the merchant to request the month of bankruptcy after his death, and we considered the reconsideration to be built either:[/ltr]
[ltr]19. Cancellation of the said passport for lack of a real reason or wisdom to be prosecuted.[/ltr]
[ltr]20. Granting the heirs their right to seek reconciliation after a month of bankruptcy by them in order to benefit from the benefits of reconciliation and in order to justify the granting of the right to the heirs.[/ltr]
[ltr]21. The re-wording of Article 570 of the Bankruptcy Law should be reconsidered as follows:[/ltr]
[ltr]A - canceling the determination of the amount of commercial debt, which allows the owner to ask the month of bankruptcy merchant city.[/ltr]
[ltr]B- Cancellation of the right of the bankruptcy month for the creditors to the creditor with a commercial debt, without the civil debt. The researcher considers the necessity of equality between them in terms of the said passport.[/ltr]
[ltr]The second paragraph of the said article relating to the extent to which a creditor has a commercial debt may submit a bankruptcy month. The researcher believes that there is confusion in its formulation and interference in its terms, as well as an injustice to the creditor in terms of the possibility of filing the month of bankruptcy , And therefore the researcher believes that the right to the creditor should be given the condition that the merchant city stops paying its debt for a certain period of time without commenting on other conditions.[/ltr]
[ltr]22. The fifth paragraph of the said article concerning the meaning of the "undisputed wage" should be repealed, because the meaning of the term mentioned has been provided by the relevant special legislation.[/ltr]
[ltr]23. Article 571 of the Bankruptcy Law should be repealed and not suspended because of its conflict with article 570, paragraph 4, of the Act.[/ltr]
[ltr]24. The necessity of reviewing the provisions of registration in the Commercial Register, whether in terms of compulsory registration or penalties imposed on violation of these provisions, as the researcher finds that these penalties are inconsistent with the importance of the said record or with the role assigned to him.[/ltr]
[ltr]25. Reconsideration of Article 12 of the Law of Commerce in force, which states that the obligation to keep commercial books does not arise unless the merchant's capital is not less than (30000) JD. This figure does not mean anything at the moment, it is a text consistent with the time of its issuance in 1984 and is not consistent with the present time at all.[/ltr]
[ltr]26. Reconsidering Article 614 of the Bankruptcy Law concerning the period of suspicion, since the legislator has limited its effect on the client with the bankrupt merchant during which he was aware of his cessation of payment. How can science be achieved even though we are talking about a period prior to stopping ?![/ltr]
[ltr]27. The need to review Article 58 of the Labor Law in force because of the contradiction and confusion in its multiple paragraphs to reach the researcher a labyrinth in achieving harmony between them and to explore their vocabulary and then unable to determine the rank of the worker religion when the liquidation of the city.[/ltr]
[ltr]28. Add a paragraph to the text of Article (32) of the Trade Law in force and as follows (for those whose name has not been registered in the Commercial Register, the complaint against the decision shall be rejected by the Minister of Commerce. If he rejects a fact or ruling after one month has elapsed,[/ltr]
[ltr]Sixth: Recommendations of the axis of legislative reform in the field of civil transactions, family, personal status, nationality and conflict of laws and procedural legislation[/ltr]
[ltr]1. Recommend to the Ministry of Environment and in cooperation with the competent authorities to form a Higher Committee to undertake the study of the most important elements of the environment in Iraq and the pricing of each of these elements in case of aggression by others in accordance with a schedule prepared in advance, to facilitate the Iraqi judiciary in the assessment of compensation for Environmental damage that raises his imam.[/ltr]
[ltr]2. We propose that the Iraqi legislator amend the preamble to article 13 of the Iraqi Nationality Law to become the wording after the amendment as follows: If a woman renounces her Iraqi nationality in accordance with the provisions of Article 12 of this law, she may regain her Iraqi nationality in the following cases: .............).[/ltr]
[ltr]3. We propose that the Iraqi legislator amend the text of paragraph (1) of Article (13) of the Iraqi Nationality Law in force to make the wording after the amendment as follows: (if the woman renounces her nationality[/ltr]
[ltr]In accordance with the provisions of Article (12) of this law, the right to recover its Iraqi nationality in the following cases: First - If she married a person who has Iraqi citizenship after the expiry of her first marriage and returned to the Iraqi nationality from the date of submission of a request for that to have been established in Iraq year One before the submission of the application and to be present at the time of submission).[/ltr]
[ltr]4. We propose that the Iraqi legislator amend the text of the second paragraph of Article (13) of the Iraqi Nationality Law to become the wording after the amendment as follows: (If a woman abandons her Iraqi nationality in accordance with the provisions of Article 12 of this law, Second: If the marital relationship ends, the Iraqi nationality shall be returned to it from the date of submission of a request for it, provided that she is a resident of Iraq upon submission of the application.[/ltr]
[ltr]5. We propose that the Iraqi legislator amend the text of paragraph (1) of Article (14) of the Iraqi Nationality Law to become the wording after the amendment as follows: "If a person acquires or recovers Iraqi nationality, his children who are not adults will also become Iraqis to be with him. Iraq).[/ltr]
[ltr]6. Accelerate the legislation of the law on the abandonment of dual nationality, the owners of the appropriate sovereign and security high, which has not been initiated so far. In order to force a large number of holders of high-ranking sovereign and security positions to abandon their positions or leave their nationality acquired.[/ltr]
[ltr]7. Coordination with the Kurdistan Region - Iraq in order to require the Iraqi nationality to those who hold a high sovereign and security position within the borders of the region through an agreement between the parties.[/ltr]
[ltr]8. Work on the statement of sovereign and security positions included in the renunciation of the nationality acquired in a clear and accurate non-interpretable members of the legislative, executive and judicial bodies as well as the governor and members of the provincial councils and local councils, in addition to an amendment to the law of the upcoming parliamentary elections, Anyone who has a foreign nationality should be nominated. He is not satisfied with the requirement that he be Iraqi.[/ltr]
[ltr]9. Add a provision in the draft law on the relinquishment of acquired nationality that includes the definition of a penalty for those who violate the non-renunciation of acquired nationality who continue to hold high sovereign and security positions.[/ltr]
[ltr]10. The Ministry of Finance should pay the contractor's financial dues in full by paying the 5% discount rate on the public treasury bonds and the electronic clearing fee of 1% to be recorded as a debt to the Ministry of Finance as the guarantor of these debts. (60%), which represents his most basic rights.[/ltr]
[ltr]11. Because the term payment method involves several risks related to repayment of principal and interest in the future, the management should wait to use this mechanism to finance contracts, whether contracts are suspended or new contracts until the financial situation improves, and the need for legislative approval Starting with project financing in this manner.[/ltr]
[ltr]12. In view of the importance of the pledge of the contract with banks as a means to facilitate the contractor to obtain the necessary funding to complete the contract, and contribute to avoid the problems of the problems caused by the delay of the administration in the payment of financial dues, we recommend the need to re-activate the text contained in the controls No. (4) The government and private contracts are to prove the administrative contracts, and work on the preparation of special texts to regulate the mechanism of mortgage contracts with banks and provide the necessary guarantees to banks to encourage the turnout of financing projects, which makes it easier for the administration and the contractor.[/ltr]
[ltr]13. We consider the need for the State to work to provide the financial amounts for the disbursement of the remaining financial receivables of the contractor (60%) as well as the amount of cash deductions, and the State should take into account the damages suffered by the contractor due to non-payment of their financial dues for a period of more than (3) , Which caused the contractor significant financial problems because of the interruption of his projects, which forced him to sell his tools and property for cheap prices to pay part of the debt and moral damage, and this undermines the confidence of the contractor to the state, which leads him to fear and reluctance to engage in operations Contractual in The future.[/ltr]
[ltr]14. We recommend the Ministry of Planning to amend the instructions for the implementation of government contracts in accordance with the standard tender documents in respect of the financial remuneration and the contractor's entitlement to benefits, and prefer to apply the text of the standard tender documents for the contracts for the implementation of public works and to recognize the right of the contractor to take interest in the delay of the administration of financial dues , Whether the delay is in circumstances of coercion experienced by the Department or under normal circumstances, as it provides assurance of the implementation of the obligations of the Department without procrastination, and that the delay benefits enhance the confidence of the contractors towards the administration, and encourages them to engage in contractual operations Passion for .[/ltr]
[ltr]15. We propose to the Iraqi legislator the text of the entitlement to the reservation by modifying the text of Article 232 of the amended Iraqi Civil Procedure Law by replacing the term "pre-trial detention" with "(b)". Article 232 of the Iraqi Civil Procedure Code Effective as follows: -[/ltr]
[ltr]Article (232 / P1): - ((Any person who claims an inalienable right or a right in the possession of a movable or a property to request the mandatory seizure of the conditions mentioned in the previous article on the same movable or disputed property, even if it is in the hands of others outside the custody).[/ltr]
[ltr](2): - (()) and the seizure is a measure whereby the owner of the movable or who has the right to imprison him from his position under the hands of the judiciary to reserve it to ensure the right in kind, which calls for entitlement to recover the transferred to the owner.[/ltr]
[ltr]In this amendment, we will not be left with a legislative vacuum, and this will lead to the creation of a kind of legal stability to achieve justice and fairness and to remove the ambiguity and legislative limitations that may be restored if the text remains the same.[/ltr]
[ltr]16. We recommend that the Iraqi legislator add a third paragraph to the above article, stating the procedures followed in the application of the seizure, provided that he defers the general rules contained in the reserve against his acquittal, and therefore the proposed paragraph shall be formulated as follows:[/ltr]
[ltr](3): (-) The general rules contained in the precautionary reserve shall be followed in the reservation of the entitlement and may not be lifted in return for bail. Hereafter this addendum to Article 232 of its third paragraph, we have created a state of confidence in the legislation, To devote to the abolition of the public interest and the realization of the right and invalidation of falsehood, especially after the addition of the last lines of the third paragraph above, which enjoyed the lifting of the reservation to ensure that the purpose of the reservation is the preservation of the money itself and not as a guarantee of debt debt.[/ltr]
[ltr]17. Amend the text of Article (159) of the Iraqi Code of Procedure to read as follows: (1) The provisions must be based on the reasons on which they were based and based on one of the reasons of the provision set out in the law.[/ltr]
[ltr]2. The court shall state in its judgment the factual reasons which led it to accept or reject the allegations and defenses presented by the litigants and the legal provisions on which they were based.[/ltr]


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