Deterrent management methods to control the use of irrigation water in Iraq | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 210-236 PDF (774.81 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.142302.1050 | ||
| Authors | ||
| raed dheyab al-ani* 1; Najeeb Khalaf Ahmed Al-Jubouri2 | ||
| 1Ministry of Construction, Housing and Public Municipalities | ||
| 2College of Law / Iraqi University | ||
| Abstract | ||
| The administration has material and legal means to perform its tasks, so it resorts to using these means when individuals refuse to implement the orders and decisions of the administration. To previous or administrative removal, and direct execution has cases that are applied when available, such as the existence of a legal text permitting direct execution or a state of necessity, and from the material means also is the administrative penalty, which is either a non-financial penalty such as withdrawing a license, warning, or administrative detention, or it is a financial penalty such as imposing a fine or confiscation administrative. The researcher also reached several results, the most important of which is that the suspension of Article (11) of the Irrigation Networks Maintenance Law No. 12 of 1995 by the Federal Supreme Court included the entire text of the article in which there is a constitutional violation by granting the power of imprisonment and arrest to the administration, and it also included a text that does not have a constitutional violation, which is imposed The administration has fined the violator, and the researcher reached a number of recommendations, the most important of which is the call on the legislator to amend the text of Article (6) of the Irrigation Law No. 84 of 2017 by specifying a time period to end the temporary water cuts or linking the termination to an action issued by the violator, such as removing the violation | ||
| Keywords | ||
| irrigation water; water resources; water management; water legal system. Material management tools | ||
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