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The concept of the local newspapers in Iraqi law
Judge Salim al-Moussawi Roudhan
The concept of the local newspapers in Iraqi law
Judge Salim al-Moussawi Roudhan
The concepts and identified accurately affect the legal relationship and the edges when the application, so interested in the art of legislative drafting concepts (or definitions) as it is called in writing the legislation, whether a constitution or a law or any other legislation, and this concept Bdalalth linguistic and terminological be the officer to know very legislator when the application, therefore, we find Almtbakan legal text and eliminate them first thing to do is turn the concept or definition of the inferred intention of the legislator to the application store thing characterization is then build doctrine of the court to the problem in question and scrutiny
In the Iraqi judiciary applications, we find that any proceeding, whether civil or criminal must to communicate opponent or the accused to the case or the case against him, and in case it is proved anonymity residence of by local newspapers and on the regulations according to the provisions of Article 21 of the Iraqi Code of Civil Procedure No. 83 of 1969 amended, which states the following (if the court after the inquiry from the point of jurisdiction that is not of the required notification of the place of residence or a known residence was not present is being communicated to publish in two daily newspapers published in the court area or the nearest her area, if not in the area It told the court issued. the belated publication date in one of the newspapers with a history of reporting. may be in addition to the publication in the newspaper radio reported by radio and other media) as well as when the verdict in the lawsuit and discount in criminal proceedings if the defendant is absent on in accordance with the provisions of Article 143 of the the assets of the Iraqi criminal Procedure Act No. 23 of 1971 amended, which states the following (if it appears the outcome reported that the accused is a fugitive attached to the summons or an arrest warrant at the residence that was known and published in two local newspapers and broadcast radio or TV in the criminal important and misdemeanors as determined by the court and sets a date for the trial of at least one month in misdemeanors and infractions and two months for a felony of the last date of publication in the newspapers), or who has been convicted under the default judgment to be published in local newspapers or sentences are considered vested become final unless the publication by local newspapers as we find that newspapers have a role in other areas, including the announcement of bids or tenders, for example, law on the sale and rental of state funds No. 13 of 2012 or when the announcement of jobs and many other things where there is a published by the local press's role in legitimizing the target activity, but after the onset of the revolution in the world of communications and information technology afternoon term (electronic media), which newspapers published either a replica of the paper printed in the internet or it is an independent newspaper is not out of paper her and as pointed out by some specialists in the press, including the Egyptian Dr. Reda Abdel Allowajd Amin in his book (electronic media) and this led to the existence of a legal problem regarding the extent of the legality of the publication of notification in the case or the sentence given in the electronic newspapers because the Code of civil Procedure and the Code of criminal Procedure did not know what the daily newspaper, which holds the publishing, but who gave the phrase (local newspapers) just leaving ordered local newspaper definition to the relevant profession of journalism laws and when you return to the Iraqi laws in force related to journalist work did not find a definition of the daily newspaper, but in the publications Act No. 206 of 1968, considered part of other publications without known precisely, but mentioned it in passing, like the rest of publications (book, magazine, published ...) There were newspaper phrase twice in the first law in the article (11) when touched to the reporter and the other in the rationale for the issuance of the press law reasons when explaining the reasons for authorizing the issuance of the leave and in both cases is not defined the newspaper, as did We find in that law is Asafna toward electronic newspapers or even the meaning of local, will be a newspaper published in the place of intended residence to announce or city or his province or across the country, this is some of the problems that may affect the protection of personal rights of individuals, as noted the union law journalists No. (178) for the year (1969) the rate did not find a definition of the newspaper, but the journalist is defined as working at the newspaper without mentioning the nature of the paper, as well as the rights of journalists Law No. (23) for the year (2011) as well as any clear-cut definition did not respond, but did not remember your newspaper with it, and the case is similar for the law of copyright protection No. (3) of the 1971 average, and the orders issued by the coalition Provisional authority dissolved number (14) for the year 2003 and two (65 and 66) for the year 2004, did not mention the newspaper is a those have not been defined, so we are dealing with newspapers a day, but without an explicit definition in the law, and I think that the reason for this is the lack of press law accommodates the newspaper and the journalist and regulates the legal relationships, but there are scattered laws in the Iraqi legal system, and most of them became not consistent constitutional principles new in the new Iraq, so I call for a press law, a comprehensive which distinguishes journalist for media work work as well for people who work as technical or administrative work in the press without the press address, such as guards buildings or service workers and others who hold the identities of press and they are not journalists in the Kurdistan region it has been defined the newspaper and that was the old form paper without addressing the electronic press in Article (1 / VI) of the Press Law No. 24 of 2008 which states as follows (newspaper publication issued periodically given as the numbers sequential and regularly and is intended for distribution) and Arab regional Ocean find several laws newspaper knew clearly is subject to interpretation, including Bahraini law No. (47) for the year 2002 was the text of Article (3) a clear and more sophisticated than the rest of the Arab laws recalling to electronic newspapers explicit words and according to the following (the newspaper every newspaper or a magazine or in print, another issue as the one on a regular basis at regular intervals or irregular including electronic newspapers published or broadcast by electronic means) and the law of the Egyptian press No. (96) for the year (1996), who knew the newspaper article (2) as follows (eg newspapers in the application of the provisions of this law publications issued in the name of one and periodically Kjeraid, magazines and news agencies) and other laws and the hope of specialists in the press to pay attention to this point and recovery either new legislation or modify the legislation in force to ensure the rights and stem the interpretation, diligence, particularly after electronic publishing circle widened and some of them are from the media and the consequent effects on severe punishment upon the occurrence of a crime of publishing to remedy the lack of it toward a period of obsolescence of the complaint in the publishing crimes that occur over the internet because the judiciary is the door to complete the legislative shortage quotes provisions of the publications Act No. 206 for the year 1968 and applies to crimes of electronic publishing and this is what has also worked with the Lebanese judiciary on the subject of jurisdiction and venue of the occurrence of the crime.
ï ® vice president of the resumption of Baghdad
ï ® vice president of the resumption of Baghdad
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