(الحماية الجنائية للاستثمار الأجنبي في المواقع النفطية (دراسة مقارنة
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2022-05-10
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Abstract
This study's topic revolves around illuminating the criminal protection of foreign investment at oil sites. It affects the creation of the proper investment environment to permit international investors to enter the nation, which helps the economy recover and opens up a variety of employment chances for various societal segments. This is accomplished by penalizing individuals who violate laws prohibiting foreign investment in oil sites, whether the punishment is determined under the relevant laws or the general principles of the criminal law. Whether it is objectively determined or imposed procedurally, foreign investment in gas and oil has the effect of criminalizing individuals who commit crimes with high-security risk. And as a result, all the necessary legislative steps are done to attach these measures, which facilitate foreign investment in the nation.
Therefore, by not offering the aforementioned protection, investors may decide not to join the nation out of concern for their safety and the capital they wish to invest there. And typically, foreign investments in a country bring enormous sums of money and aid in raising the degree of economic development, particularly in countries that lack the resources to invest in natural resources or the skilled labor force to carry out such a project.
The issue of criminal protection for foreign investment is crucial for exporting nations due to the importance of maintaining legal goals and procedural bases, providing legal security upon the establishment of such companies, protecting capitals and people from wider violence, and providing company security for a new market to obtain profit. Other important factors include looking for new materials at low prices, boosting experts the invested company acquired indulging in a new market, and using instruments through the application of agreements and contracts, whether by the countries themselves or by international organizations with economic ties to these countries, foreign investment may also help define the norms of international trade in varied situations and environments.
Whether these regulations are constitutional, legislative, or similar systems and instructions connected with such a thing, the problem of the study is concentrated on the function of the legal rules in controlling the investment operators in Iraq and country-related matters. Has foreign investment at the relevant oil locations received criminal protection under Iraqi law or the laws of comparable nations?
What are the legal requirements for committing an investment crime during the phases of investigation, evidence gathering, basic investigation, investigation evidence, and court phase, leading to court favoring foreign investment at oil sites? It is the analytical approach used by the criminal text concerned with the subject, generally, analyzing to a consult of it compact upon and the legal method with compartments statement and the Iraqi legislate and other companies' legislation and showcasing the various judicial applications and how it unified the and practical parts.
There are three chapters in this research project. The first focuses on the significance of foreign investment in oil sites and includes two different types of studies. The concept of foreign investment in oil sites and its legal basis are the subject of the first study, while the types of foreign investment in oil sites and their legal status are the subjects of the second study. The second chapter, which is divided into two research studies, is about the objective protection against acting violence the foreign investment in oil sites. The first study is about the crime of sabotage and smuggling in the oil site, while the second study is about the numerous couple of crimes at the in the oil site. The third chapter discusses the procedural and criminal protection of foreign investments in oil sites. It is divided into two studies, the first of which focuses on the criminal protection against the crime at the foreign investments in oil sites, and the second of which focuses on the criminal posted for the crime that violated the foreign investments in oil sites.
This study concluded that there is no agreed-upon definition of investment. It also discovered what is launched from the economic gate to define investment, and it may be headed from the legal gate since the legal ground in the foreign investment at oil sites vary between the constitutional text, the text about gas and oil, and the regulations governing foreign investment generally.
The Iraqi laws governing oil and gas and investments have little bearing on efforts to reform foreign investment at oil sites or on other crimes involving investments. As a result, only the charges of the action imposed upon those who commit such kinds of crimes are varied according to the seriousness of the actions done by the perpetrator. Some nations have issued an order to establish criminal economic courts to consider economic crimes in particular with foreign investment.
We suggest the legislator include gas and oil law when legalizing it in parliament to define the crimes that may the foreign investors be slapped with. The suggestion made in this study is to call for the legislator at the Iraqi constitution to rephrase the text of managing the natural weather, in particular that is related to gas and oil and make it off the centralized government quarries under the hand exclusively. And determined the charges to be brought forth lest the crimes go unpunished, the necessity of allowing specific employees of the oil ministry and the national investment association to conduct investigations and gather evidence regarding crimes against foreign investment in oil sites, and the necessity of establishing an economic and criminal court related to the crimes that specifically affected investments at the location where comparative foreign investment work, For them, having this issue gives them happiness as they enter the country and make investments there.