https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/issue/feed MIsan Journal of Comparative Legal Studies 2024-10-04T10:20:33+00:00 أ.م.د.أميل جبار عاشور [email protected] Open Journal Systems <p>The journal was founded in 2020 under the name of Misan Journal for Comparative Legal Studies. Its function is to publish comparative legal studies and research. It is a refereed journal recognized by the Ministry of Higher Education and Scientific Research and is issued periodically in physical or electronic format, and it can be issued in both ways together. The journal publishes two issues per year and it is semi-annually. </p> https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/327 The role of the Federal Supreme Court in the legislative silence of the oil and gas law 2024-10-04T09:38:07+00:00 Nada Adel Rahma [email protected] Hind Ali Mohammed [email protected] <p>تبنى العراق النظام الفدرالي كأساس لقيام الدولة، والسعي بكافة الوسائل لترسيخ النهج الديمقراطي من خلال حماية الحقوق الأساسية والحريات العامة والاهتمام بحق الشعوب بثرواتها الطبيعية لاسيما وأن الحق في الثروات الطبيعية هي احدى اهم مظاهر تلك الحقوق، ومن هذا المنطلق اخذ هذا الحق مكانة مهمة لدى واضعي الدستور لأجل ضمان حقوق الشعب في الوقت الحاضر والمستقبل في استغلال المواد الطبيعية وفي مقدمتها حقوق النفط والغاز بالإضافة الى تطويرها، وان حق الانسان في هذا الاستغلال يستوجب سن التشريعات القانونية المناسبة لوضع هذا الحق موضع التطبيق العملي وإيجاد الحلول والاليات الناجعة التي تؤمن ادارته واستغلاله بالصورة الصحيحة وعلى النحو الذي يحقق حياة كريمة لأفراد الشعوب، اضافة الى عدم الاكتفاء بالنصوص التوجيهية العامة شأنها شأن النصوص الدستورية</p> 2024-10-04T00:00:00+00:00 Copyright (c) 2024 https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/328 Problems of applying financial settlement in crimes of assault on public funds (a comparative study) 2024-10-04T09:47:14+00:00 Kazem Jafar Sharif [email protected] Hayder Ars Afan [email protected] <p>he research idea stems from a fundamental problem that is evident in the extent of the legitimacy of financial settlement with those accused of financial corruption crimes? What is the value of recovering public money from those accused of embezzlement, seizure or illicit gain crimes through a consensual settlement similar to reconciliation in some laws that have been adopted? What is the legal effect of the Iraqi judiciary conducting a settlement in crimes of assault on public money with the requirements of achieving justice in the criminal field? And the social benefit of this settlement in the balance of the rules of criminal law.&nbsp;</p> <p>In order to cover all of the above, the topic was addressed in two sections. We devoted the first section to studying the nature of financial settlement in crimes of aggression against public funds in terms of the concept of financial settlement and the position of criminal jurisprudence on it. As for the second section, it was devoted to examining the legal problems of financial settlement in crimes of aggression against public funds, in terms of the substantive and procedural problems of applying financial settlement</p> 2024-10-04T00:00:00+00:00 Copyright (c) 2024 https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/329 Criminalization and Punishment Policy in Economic Crimes 2024-10-04T10:14:21+00:00 Ameel Jabbar Ashour [email protected] <p>The scope of the practice of economic crimes has expanded and their appearance in more complex forms, despite the emphasis placed by the Criminal Legislature in the Iraqi Penal Code No. 111 of 1969 amending the Economic Offences as well as in the Iraqi Trade Regulation Act No. (20) For the year 1970 as amended, the negative manifestations of economic crimes continued to emerge significantly, resulting in the sabotage of many countries' economies, including Iraq, which made Iraq one of the last underdeveloped countries. Given the importance of economic crime and its seriousness to Iraq's political and economic systems, it is therefore imperative that citizens be mindful of it, because it is harmed not only by the State, but also by the individual who commits it and by citizens in general, which requires increased penalties, especially in exceptional circumstances, in times of economic crisis and war</p> 2024-10-04T00:00:00+00:00 Copyright (c) 2024 https://www.uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/330 The role of mediation in settling disputes in oil service contracts (a comparative study) 2024-10-04T10:20:33+00:00 Farid Hanin Jassim [email protected] Mayada Sabah Hassan [email protected] <p>Mediation is considered one of the most important alternative means that parties resort to to settle their contractual disputes through a neutral and independent third party who has technical, legal and administrative qualifications that enable him to find a solution that ends the dispute amicably without the need for the judiciary or arbitration. Mediation is characterized by several features that distinguish it from other means, namely speed, confidentiality and conservatism. On the friendly relationship between the parties to ensure their good faith in providing sufficient information to end the dispute.</p> <p>Mediation is based on several types, including judicial, conventional, and some followed by arbitration. Due to the importance of mediation and its effective role in settling disputes, and to avoid exorbitant expenses and the long time it takes for judiciary and arbitration, some comparative countries, including the United Arab Emirates, have regulated mediation with a special law on mediation and conciliation in civil and commercial disputes No. (40) of the year 2023, and Jordan also regulated mediation with a special law under the name of the Mediation Law for the Settlement of Civil Disputes of 2006. As for the other countries, it did not regulate it with a special law, but rather came with texts in different laws, such as the French Civil Procedure Law. Likewise, the Iraqi legislator did not regulate it with a special law, but rather came with separate texts in different laws, including the law. Civil law, civilprocedurelaw , andlaborlaw</p> 2024-10-04T00:00:00+00:00 Copyright (c) 2024