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Register a new userProcedural system for the prosecution of judges Under the Syrian Law of Procedure No.(1)for the year(2016)
النظام الإجرائي لدعوى مخاصمة القضاة في ظل قانون أصول المحاكمات السوريّ رقم ( 1 ) لعام ( 2016 )م
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إن القاعدة العامة للمسؤولية في التشريعات الحديثة تقوم على أن كل خطأ سبب ضررًا للغير، يلزم مرتكبه بالتعويض؛ لكن تطبيق هذه القاعدة على إطلاقها بالنسبة للقضاة سوف يؤدي إلى إحجام القاضي عن عمله، و تردده في أداء وظيفته بما يمليه عليه ضميره، خوفاً من المسؤولية التي قد يتعرض لها، كما سوف يؤدي إلى انشغال القاضي عن عمله الرئيس، و هو الفصل في الخصومات، بالدفاع عن نفسه في الدعاوى التي قد يرفعها عليه الخصوم. و لكن لا يمكن أيضاً حرمان الخصوم من مساءلة القاضي عند الشك في حياده، و في حسن تطبيقه للقانون؛ و لذلك أعطى المشرّع للخصوم حق مساءلة القاضي عن أعماله القضائية من خلال دعوى المخاصمة.
The general rule of responsibility in modern legislation is that every fault causes harm to others, oblige the perpetrator to make reparation. But the absolute application of this rule will cause reluctance of the judge's decision dictated by his conscience and will lead to the judge's preoccupation with his main work, which is the separation of disputes, to defend himself in the cases that may be raised by the opponents. However, the litigants can not be held accountable for their impartiality and their proper application of the law. Therefore, the legislator has given the litigants the right to hold the judge accountable through a case of dissent.
References used
مجلة المحامون، تصدر عن نقابة المحامين في دمشق.
مجلة القانون، تصدر عن وزارة العدل السورية.
أبو العيال، أيمن، 2013-2014م, أصول المحاكمات المدنية_ الجزء الثاني. الطبعة الثانية، منشورات جامعة دمشق، دمشق.
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The aim of this research is to evaluate the rights of taxpayers in the Syrian tax legislation, especially the Income Tax Law No. (24) for the year 2003 and its amendments, and related laws. The evaluation process includes the availability of these ri
ghts from a legislative point of view, on the other hand, to ensure the extent of their application in practice by the tax administration. A set of fundamental rights have been identified and agreed to by most tax systems, in addition to the statement of the Organization for Economic Cooperation and Development that has been adopted as a reference document in this field. These rights are the right to information, assistance, and listening, the right to appeal, the right to pay no more than the correct amount of tax, the right to certainty, the right to privacy, the right to confidentiality and confidentiality. The descriptive approach was mainly used in constructing the problem of this research and developing its hypotheses. In addition to using research tools such as personal interviews that included many employees in the tax administration, and access to some practical cases in that administration, in addition to the questionnaire that included a sample of taxpayer income. The data collected was analyzed using the SPSS statistical program and the Likert binary scale. The results of this research have shown that the Income Tax Law No. 24 of 2003 and other related laws have not explicitly, clearly and completely stipulated most of these rights, and their non-application by the tax administration. These rights are the right of the taxpayer to obtain information, assistance and listening, the right to certainty, the right of the taxpayer to pay no more than the correct amount of taxes, and the right to privacy. It also showed the important imbalance in the right to object, and stipulated the right to confidentiality only.
We dealt with in this research, Jurisdiction of arbitrators in
determining arbitral proceedings. We presented the extent to which the
arbitral tribunal was free to choose procedural law and how to choose
procedural rules. We have also been exposed to restrictions on the
arbitral tribunal's freedom to determine procedural law.
Considered studies and legal research - about crime
eavesdropping - a few to some extent, and are almost the
majority of the studies that were presented to eavesdrop as an
ingredient in other crime , a crime disclosure or publication , due
to the
absence of a legal regime for the crime of eavesdropping
on the dial in most legislation .
With the issuance of the Communications Act Syrian No. 18 of
2010 , it became necessary to talk about crime eavesdropping on
telephone communications , and will be presented the study to
determine the concept of tapping them and points of
differentiation between them and some of the terminology to
identify legal form her , and displays the search restrictions
contained on the individual's right to protect the privacy of his
intelligence telephone.
The search ends eavesdropping offense to be considered
independent , with the exceptions of public interest and the
security of society and the state.
This research aims to identify one of the most important factors that contribute in
improving of tax compliance in general, which is an implication of self-assessment system
in a lot of tax systems at the international level, including the tax syst
em in Syria.
This research focuses on measuring the availability of a self-assessment
system in all its components under the income tax law N.24 of 2003, and its
amendments in Syria, and its effectiveness in the application process.
The results of this research showed that part of the elements of this system
does not exist already, which reflected negatively on the effectiveness required in
the performance of the functions and achieve the goals that is mainly designed for.
Accordingly, the study recommended the need to find and activate these
ingredients within the range of other environmental factors that work with each
other to achieve the desired effectiveness, and improve the rate of tax compliance.
In Confirmation of the principle of the Highness of the Constitution and its
maintenance, the constitutional legislator granted_ in the Constitution of 2012_ the
Supreme Constitutional Court Jurisdiction to monitor the constitutionality of laws
in
the State. If it is proved to the court that the law violates the Constitution, the
court will cancel what was contrary to its provisions.
This makes the Supreme Constitutional Court, the legal guardian of the legitimacy
of the State.
Therefore it may seem strange to research on the constitutionality of the law of the
Supreme Constitutional Court, which is the court competent to determine the
constitutionality of all laws in the country if the constitutionality had been
challenged before. However, this is soon to be dissipated if we knew the mechanism
to appeal the constitutionality of laws that require objection from the President or a
fifth of the Parliament on the constitutionality of a law before promulgating, or the
objection of a fifth of the parliament on the constitutionality of legislative decree
within a period of fifteen days following the date of it's display on the Parliament or
through referral thurst of unconstitutionality by the court headmistress in the
appeal, If the appeal turns out to be serious . This is a mechanism that may not be
realized due to lack of proportion of the fifth of the Parliament which is needed to
move the intercept members of parliament or as a result of omissions of the normal
legislator to pay attention to the existence of a constitutional violation law in the first
place
Hence the importance of this research in which it will aim to highlight the violations
that have occurred in the Constitutional Court Act.
On this basis, it is hoped to alert legislators to the need to amend the law on the
Supreme Constitutional Court as it is not reasonable that the law of the Supreme
Constitutional Court Is faulted with unconstitutionality
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