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  1. Home
  2. Browse by Author

Browsing by Author "Salim Farhood Enad Al-Janabi"

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    Publication
    الحصانة التنفيذية للدولة في ظل اتفاقية الأمم المتحدة لحصانات الدول وممتلكاتها من الولاية القضائية: دراسة تحليلية مقارنة
    (Universiti Sains Islam Malaysia, 2019-11)
    سالم فرىود عناد الجنابي
    ;
    Salim Farhood Enad Al-Janabi
    There is no doubt that executing foreign verdicts is no more than satisfactory or compulsory. If satisfactory execution does not raise any problems for the person who has a valid verdict, it follows that the compulsory execution requires a massive effort from that person to execute the verdict. It is also no doubt that executing against the state is unlike that upon a normal person. This is because the state holds immunity against executive procedures through which the problem of the current research arises. The use of this impunity by the state blocks the compulsory execution if it refrains from the satisfactory execution. This use of impunity by the state creates a difficulty which we can potentially refer to as " floating verdicts". These verdicts have no legal value if they do not have other means to be executed. In this thesis, the researcher aims at identifying the executing immunity of the state and identify the state's finances and actions covered by this immunity and finding a solution to execute these verdicts. The analytical and comparative methods are used in this research to analyze the legal tenets of united nations' conventions related to the immunity of the states and comparing it with other national laws and judicial practices for the states under study. The findings of the study revealed that executing immunity is governed by the nature of the state's actions. In other words, this immunity is ruled by the state's finance and actions which have a sovereignty nature. Accordingly, it is possible for the person who has a valid verdict to execute the verdict on non-sovereign properties and finances belonging to the state. Second, there is also another means of executing which is called "diplomatic protection for the state upon its dependents". Finally, the significance of the research resides in finding out solutions which mitigate the sharpness of the state's immunity and contributes to executing verdicts.
      6
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    Publication
    امتناع الموظف عن تنفيذ الأحكام القضائية: (دراسة المقارنة)
    (Center for Saladin's historical and cultural studies ,University of Tikrit, 2019)
    Salim Farhood Enad Al-Janabi
    ;
    Wan Abdul Fattah Wan Ismail 
    ;
    Nisar Mohammad Ahmad 
    No doubt that executing the judicial decisions is the responsibility of execution staff of government which is the employees, so executing judicial decisions is one of the responsibilities of execution staff which is responsible of executing it, and not executing it puts the employee under the responsibility of criminal offense as it says in subject (329) Iraqi punishment laws number 111 year 1969, this research solves the problem of violating the laws and not executing them by the employees, so instead of executing the decision as a part of their responsibility and job, they themselves or they commands to prevent the execution of the decisions, the researcher aims in this research to show conditions and concepts of this crime, and the reasons of not executing and being irresponsible, as well as showing the reasons of this high percentage of violating this subject by the employees and public workers and not respecting the law decisions, and it sheds light on the flaws in Iraqi laws in comparison with Egyptian laws, in view of the concepts of this crime and the punishment for it, and the actions that considered as violation of the decisions and not executing them. And shows the importance of this research through showing this almost disabled subject of Iraqi law, corruption and violation got to a point that we cant take it anymore, to a point that some employees openly saying that they refuse to execute decisions of the highest Iraqi law department, and informing people about the employees responsibility against the law for refusing to execute the decisions, and conditions and concepts of the punishments upon employees for refusing the decisions will decrees this violations that invades peoples freedom, alarms the Iraqi legislators to increase the punishments for this crime especially after knowing that this current punishment is not enough.
      4  51
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