The role of administrative Authority and its procedures in confronting the problem of squatter settlements

Section: RESEARCH
Issue
Vol. 22 No. 72 (2020): Volume 22 Issue 72
Published
Oct 1, 2020
Pages
327-356

Abstract

The phenomenon of encroachment on state properties is one of the phenomena that began to spread in Iraq after the fall of the political system in 2003, and the events that followed, including random housing gatherings, which are known as slums, which represents a major challenge facing the federal government and local bodies alike, in order to Confronting and limiting it, because it leads to significant damage occurring at various levels, and this requires the executive authority to take a number of measures, through the administrative control bodies, and the means it has to confront that phenomenon, and these procedures are related to the preventive and therapeutic side, In addition to those procedures not to launch them, rather there must be controls

References

  1. Ahmad Abdul-Aziz Al-Shaibani: State Responsibility for Administrative Control Work in Normal Conditions in Yemeni Law - A Comparative Study, PhD Thesis, College of Law, University of Baghdad, 2005.
  2. Anniversary of Abbas Ali Nasser Al-Daini: Management Methods to Eliminate Abuse of Public Funds, Master Thesis, College of Law, University of Baghdad, 2005.
  3. D. Abdel-Ghani Basiouni Abdullah: Administrative Law - An applied study of the foundations and principles of administrative law and their application in Egypt, Monshaat Al-Maaref, Alexandria, 1990.
  4. D. Maher Saleh Allawi Al-Jubouri: Mediator in Administrative Law, 2nd edition, Dar Ibn Al-Atheer, Mosul, 2012
  5. d. Mohamed Fouad Abdel Baset: Administrative Law, New University House, Alexandria, 2006.
  6. D. Suleiman Muhammad Al-Tamawi: Principles of Administrative Law, 4th edition, Dar Al-Fikr Al-Arabi, Cairo, 1961.
  7. Dr. Abdel-Ghani Basyouni Abdullah: Administrative Judiciary, University House, Beirut, 1993
  8. Dr. Abdel-Ghani Basyouni Abdullah: Administrative Law, University House, Cairo, 1986.
  9. Dr. Adam Wahib Al-Nadawi: Civil Procedure, 3rd Floor, Al-Atak for Book Production, Cairo, 2011.
  10. Dr. Adel Al-Saeed Mohammed Abu Al-Khair: The Administrative Police, 1st Floor, Dar Al-Fikr Al-Jami'a, Alexandria 2008.
  11. Dr. Ahmed Khorshid Hamidi Al-Mafraji and d. Saddam Hussein Yassin Al-Obaidi: Al-Wajeez in the Iraqi Administrative Judiciary, 1st edition, Comparative Law Library, Baghdad, 2017.
  12. Dr. Ali Hussein al-Khalaf and d. Sultan Abdul Qadir Al-Shawi: General Principles in the Penal Code, Al-Atik Company, Cairo, 2006.
  13. Dr. Ali Muhammad Bedair and d. Essam Abdel-Wahab Al-Barzanji and d. Mahdi Yassin Al-Salami: General Principles in Administrative Law, Dar Al-Kutub Printing and Publishing Directorate, Baghdad, 1993.
  14. Dr. Atef Mahmoud Al-Banna: The Mediator in Administrative Law, 8th Edition, Dar Al-Fikr Al-Arabi, Cairo, 1992, p. 337.
  15. Dr. Fouad Al-Attar: Administrative Judiciary, Arab Renaissance House, Cairo, 1966.
  16. Dr. Ismail Sa`sa 'al-Badiri and Hawraa Haider Ibrahim: Legal Methods to Protect the Environment from Pollution - A Comparative Study, research published in the Journal of the Investigator Al-Hali for Legal and Political Sciences, No. 2, Volume 6, 2014.
  17. Dr. Mahmoud Ahmed Taha: Criminal Protection of the Environment from Pollution, Maarif facility, Alexandria, 2007.
  18. Dr. Mahmoud Helmy: Grades the Legal Rules, Journal of Administrative Sciences, No. 1, 1963.
  19. Dr. Majed Ragheb Al-Helou: Administrative Law, University Press House, Alexandria, 1998.
  20. Dr. Mohamed Refaat Abdel-Wahab: Administrative Judiciary, New University House, Alexandria, 2007.
  21. Dr. Mohi Shawky Ahmad: Constitutional Aspects of Human Rights, 1st Floor, Dar Al-Fikr Al-Arabi, Cairo, 1986.
  22. Dr. Muhammad Abdul Hamid Abu Zaid: The Reference in Administrative Law, 2nd Edition, Al-Ashry Press, Cairo, 2007.
  23. Dr. Muhammad Kazem Al-Mashhadani: Political Systems, Dar Al-Hekma Press for Printing and Publishing, Mosul, 1991.
  24. Dr. Muhammad Mahmoud al-Ruby Muhammad: Administrative Control and its Role in Environmental Protection - A Comparative Study, Law and Economics Library, Riyadh, 2014.
  25. Dr. Muhammad Sharif Ismail Abdul Majeed: Administrative Control in Exceptional Conditions - A Comparative Study, Arab Renaissance House, Cairo, 1980.
  26. Dr. Naguib Khalaf Ahmed, and d. Muhammad Ali Jawad Kazim: Administrative Judiciary, 5th edition, Al-Mustansiriya University, College of Law, Baghdad, 2016.
  27. Dr. Saad Al-Alwash: Principles of Public Law, (Constitutional Law, Administrative Law), Al-Irshad Press, Baghdad, 1972.
  28. Dr. Sami Jamal Al-Din: The Origins of Administrative Law, Theory of Labor and Administrative Control, No Publishing House, 1982.
  29. Dr. Shab Toma Mansour: Administrative Law, K 1, i 1, Iraq House for Printing and Publishing, Baghdad, 1979.
  30. Essam Neama Ismail: Compulsory Cancellation of Unlawful Administrative Systems - A Comparative Study in the Light of Law and Diligence, Al-Halabi Law Library, Beirut, 2003.
  31. Habib Ibrahim Hamada Al-Dulaimi: The Limits of the Authority of Administrative Control in Normal Conditions - A Comparative Study, PhD thesis, College of Law, University of Babylon, 2007.
  32. Iraqi Civil Law No. 40 of 1951, as amended.
  33. Iraqi Ministry of Construction and Housing Law No. 33 of 2012.
  34. Iraqi Ministry of Interior Law No. 183 of 1980.
  35. Iraqi Penal Code No. 111 of 1969, as amended.
  36. Iraqi State Council Law No. 71 of 2017.
  37. Iraqi State Shura Council Law 65 of 1979.
  38. Jalti Omar: Modern Goals for Administrative Control, PhD thesis, Faculty of Law and Political Science, University of Tlemcen, Algeria, 2015-2016.
  39. Kadri Abdel Aziz: Human Rights in International Law and International Relations, Dar Houma for Printing, Publishing and Distribution, Algeria, 2002.
  40. Law No. 106 of 1989 Law of the Second Amendment of the Law of the Iraqi Council of State.
  41. Law of Governorates not organized in Region No. 21 of 2008, as amended.
  42. Law of the Ministry of Justice No. 101 of Attribute 1977 repealed.
  43. Law of the Ministry of Justice No. 18 of 2005 in force.
  44. Maher Saleh Allawi: Administrative Decision, Dar Al-Hekma for Printing and Publishing, Baghdad, 1991.
  45. Municipal Administration Law No. 165 of 1964 as amended.
  46. Real Estate Registration Law No. 43 of 1971.
  47. Roads and Buildings Regulation No. 44 of 1935 as amended.
  48. Sabhan Abdullah Yunus Al-Taie: Restrictions on the Administrative Control and Judicial Control Powers - A Comparative Study, Master Thesis, Faculty of Law, Tikrit University, 2010
  49. Seban Jamil Mustafa Atrushi: The Principle of Judicial Independence - A Comparative Constitutional Study, Master Thesis, College of Law, University of Mosul, 2003.
  50. The Constitution of the Republic of Iraq of 2005.
  51. The Revolutionary Command Council (dissolved) Resolution No. (154) for the year 2001 regarding removing abuses of real estate belonging to the state and municipalities.

Authors

Fawwaz Khalaf Dhahir

College of rights - Tikrit University

Dhafir Madhi Faisal

Municipality of Tikrit Directorate

Anas Abdulhaq Ismael

Identifiers

https://doi.org/10.33899/alaw.2020.166846
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