Researcher Journal for Legal Sciences

Provisions for the classification of inmates in correctional and rehabilitation centers in accordance with the Nelson Mandela Rules

2024-07-05T12:55:21+00:00

This study aimed to identify the provisions for classifying inmates in correctional and rehabilitation centers in accordance with the Nelson Mandela Rules.,The researcher used the descriptive analytical method, by analyzing the Nelson Mandela Rules, which are considered the model standards for the treatment of prisoners, which were issued by the United Nations General Assembly in 2015, in addition to analyzing the texts of the Palestinian Correction and Rehabilitation Centers Law No. 6 of 1998 , The study reached a set of results, most notably: The Nelson Mandela Rules adopted classification criteria based on gender, conviction, reason for detention, age, and criminal history. The Nelson Mandela Rules also adopted the horizontal and vertical classification of inmates, and the Palestinian legislator also adopted the vertical classification of inmates, as it required Separation between inmates within a single correctional institution. The Palestinian legislator also adopted the same standards adopted by Nelson Mandela’s rules, which are gender, conviction, reason for detention, age, and criminal history ,The study recommended a set of recommendations, most notably the need for the Palestinian legislator to adopt the vertical and horizontal classification of inmates in correctional institutions, and the need for the Palestinian legislator to adopt criteria for the duration of the sentence or the type and seriousness of the crime in addition to the previous criteria.

Social Justice in Positive Law: An Analytical and Philosophical Study

2025-02-03T10:45:59+00:00

Social justice has many concepts; it is legal justice, political justice, economic justice, equal opportunity justice, solidarity justice, participatory justice. All of that achieves of a decent life for individuals.

Social justice is a human tendency, it is in the law represented in free social life based on the fundamental principle of reason, and the compulsory character takes from the existence of a legal system that guarantees rights within the framework of social life as a human right and value protected by a legal system according to social life

Bullying in the Public Service and its Criminal Confrontation "Comparative analytical study"

2024-10-01T09:34:25+00:00

Bullying is one of the negative behaviors that seriously affects the victim's mental health and also affects the entire society. In the field of public service, bullying can negatively affect the efficiency of performing tasks due to its impact on the human element. Although bullying in private employment relationships may be less serious than that in public service, the increasing number of government sectors providing services to citizens makes it more serious. Due to the seriousness of the phenomenon of bullying that has spread in many societies and sectors, it is not limited to one society or another, a private sector, or a specific profession, but has become present even within government work relationships. This calls us to follow the descriptive and analytical approach to describe and analyze the phenomenon of bullying, in terms of identifying its nature and reasons leading to it, exposure to different cultures regarding it, and the risks associated with it. The comparative approach will also be utilized to identify the legislative treatment of the phenomenon of bullying in various legislation, and to explain the policies and procedures that should be taken to prevent and face this phenomenon. The main challenge is that some bullying behaviors may be illegal in a way that is not considered discrimination and harassment. Bullying actions can be considered a form of harassment that is not legally punishable, which complicates the issue of charging the perpetrator, and thus bullying behaviors may represent a threat to public functions. It affects the performance of workers in government institutions in case this phenomenon spreads among employees. This can lead to the spread of some negative behaviors, leading to a state of hostility and hatred among employees, which negatively affects the performance of the bullied employee’s job duties and the quality of services he provides to the public. Many organizations have reacognized the dangers of bullying among employees and are working to adopt policies and procedures to prevent it in the workplace.

Legal regulation of loyalty sales in Iraqi and Jordanian law - A comparative study-

2024-07-04T02:40:12+00:00

The fulfillment sale is considered a private sale that the Jordanian legislator did not stipulate in the Civil Law. It is defined as a sale in which the seller stipulates from the buyer that when the price is returned to him, the latter is obligated to return the sold item. It is also considered an invalid sale in Islamic jurisprudence. The public has agreed on this. Invalidation of loyalty sale; This is because the fulfillment sale contract contradicts the stipulation of the sale contract, which requires ownership of the sold item to the buyer, in addition to the excessive usury included in this sale.

The position of the Iraqi legislator on the sale of loyalty was also discussed in this study, which stipulated that it is a possessory mortgage. It became clear in this study, after dropping the provisions of the possessory mortgage on the sale of loyalty, that the legislator’s adaptation was completely inappropriate, so it was better for the Iraqi legislator to stipulate the invalidity of the sale. Loyalty instead of conditioning it as a possessory mortgage. This study reached a legal recommendation to the Jordanian legislator to resolve the issue of dealing with the loyalty sale in Jordan by explicitly stipulating the invalidity of the loyalty sale. Because it violates many of the legal rules stipulated in the Civil Code.

The Role of Interdisciplinary Studies in Establishing the Rules of Technical Criminal Law -Analytical Study-

2024-10-07T01:50:48+00:00

Human beings currently live in two parallel worlds: the real world of social relations and direct contact with other individuals as a member of society; the second is a virtual world, imposed as a result of technological development, and every world of these has its own rules. Despite the many advantages of technological development, it has at the same time led to the emergence of many patterns of criminal behaviors. These new patterns of crime differ in nature and characteristics from those of conventional crime. The dramatic development of artificial intelligence techniques is one of the most important factors that have exacerbated the problem of new crimes, which has led the legislator in various countries of the world to enact special legislation to deal with this type of crime, allowing for the emergence of a new branch of law, namely technical criminal law.

Electronic crimes and crimes resulting from the use of artificial intelligence techniques are the subject of this new section, given the characteristics of such crimes, most notably cross-border crimes, and at the same time they are difficult to detect easily. This makes it difficult to prosecute them through traditional procedures.

Thus, the rules of technical criminal law are distinct from the traditional rules, particularly with regard to procedural matters, which give rise to many problems, particularly with regard to the principle of criminal legality, which must be read in a new context. There is no doubt that in-house studies can play a prominent role in the elaboration of the rules of this new branch of law in order to achieve a genuine and complete criminal justice.

This research explores utilizing interdisciplinary studies in order to set the rules to face technical crimes, and to establish foundations of technical criminal law in order to achieve the justice

The Legal System of Bank Acquisition in Jordanian Law

2025-02-03T11:34:32+00:00

This study deals with the legal implications of bank acquisition in its representation of important legal models of an important investment and economic nature in the stages of the current time, which have their own rules and foundations which are often different from the foundations and rules of the economy in its normal form, and explains the forms of bank acquisition and explains the difference between the processes of embody and conjoin in bank incorporation, as there are significant differences between them, in that embody means merging a bank with another bank; in the way that entity of the merged bank dissolves into the entity of the merging bank and the rights and obligations of a bank are transferred to the other bank, while in the process of conjoin the personalities of the merged banks expire in a new banking entity. The combination process takes place between a large bank and one or more small banks, as the acquisition can be a degree of voluntary and consensual banking merger between two banks to achieve certain goals under certain circumstances.

The study shows the legislative shortcomings in the Jordanian legal system and the inadequacy of the texts regulating banking acquisitions, which affects the course of economic and financial activity in the markets, as legislation plays a prominent role in stimulating economic activity and seeks to grow it by enacting the necessary legislation, in order to guarantee the interests of shareholders and creditors through the acquisition process, all of which requires taking legal procedures in relation to these operations.

The Law of Ratification of ‘Khor Abdullah’ Agreement No 42 of 2013 Between Rulings of the Iraqi Constitution and Judgments of the Federal High Court

2024-10-04T06:23:31+00:00

Abstract

The law of ratification of the agreement between the government of the Republic of Iraq and the State of Kuwait regarding regulation of maritime navigation in Khor Abdullah No (42) of 2013 is one of the laws that has sparked widespread controversy at the national and international levels, as well as among researchers in this field. This is due to the federal high court ruled that this law is unconstitutional because it does not meet the formalities required by the current Iraqi constitution, which is a two-thirds majority of the members of the Iraqi Council of Representatives. It is worth indicating that the same court decided in a previous judgment in 2014 that this law is constitutional because it meets the formal requirements of the Iraqi constitution; which raised several questions about the constitutionality of this law, and which of the judgments of the Federal Supreme Court were in accordance with the provisions of the Iraqi constitution and which were not. Therefore, this research paper came to clarify that.

Provisions of a Profitable Deal in a Possessory Mortgage (A Comparative Analytical Study)

2024-09-22T10:12:25+00:00

There is no doubt that the possessory mortgage enjoys an important position in the consideration of the legislator, who has given it many advantages that make it a distinct system in which flexibility is clearly evident; and among the features of this flexibility is what the legislator has given the ability for the mortgagor debtor, which has made him able - despite the transfer of possession of the mortgaged movable to the mortgagee or the justice - to sell it if it is estimated and the sale represents a profitable deal. Whatever the case, this flexibility that the possessory mortgage is adorned with is not absolute flexibility, but rather is restricted by the role of the judge, who cannot be obscured in this sale; he is the one who grants permission to sell first, determines the conditions of the sale second, and decides on the issue of depositing the price third. Therefore, the aspirations of the parties to the contract may conflict, considering that the contract is the law of the contracting parties and the regulatory role of the judge, which is considered a legislative obligation that cannot be delegated to these parties; For these and those, and for the problems that may result from these roles if the roles are not clearly identified, this research came to remove the veil from the circumstances of this idea.

The Mechanisms of Obtaining Digital Evidence and using it as Proof in Cybercrimes

2024-08-21T13:42:37+00:00

With the rapid advancement of technology and the emergence of cyberspace, electronic crimes have become a serious threat to societies in the modern era. By exploiting modern electronic means such as the internet, fax, and other communication channels, perpetrators have expanded the scope of committing crimes beyond national borders. These crimes, characterized by innovation and development, have proven difficult to categorize within traditional criminal descriptions.

Law enforcement agencies suffer from the fragility of the criminal tracking system, as new technologies have surpassed their traditional capabilities and procedures. This situation has necessitated the development of criminal laws to reflect legal precision and take into account the aspects and dimensions of modern technology. Consequently, cooperation with international treaties has become necessary to achieve justice.

Among the significant developments in the current era, the use of digital evidence in criminal prosecution stands out, as new technologies have influenced the process of criminal proof. It is challenging for crime-fighting entities to employ traditional methods of proof due to the difficulty of examining and testing data related to electronic means. These technologies require an update of traditional legal methods of proof and the development of search and investigation procedures to adapt to the new challenges in the field of electronic crime