4 research outputs found

    Crimes resulting from the illegal use of pesticides in Palestine

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    This study dealt with the crimes resulting from the illegal use of pesticides in Palestine. The Palestinian legislator regulated the use of pesticides in the agricultural sector through several legislations, most notably the Agriculture Law and the Consumer Protection Law, in addition to the Public Health Law and the regulations issued by the Council of Ministers. The legal procedures related to the manufacture and registration of pesticides, as well as the controls of their use, and the penalties for violating these legal provisions, especially in the case of the circulation of food contaminated with pesticides resulting from the illegal use of this pesticide , Such legislation has been keen to take many preventive measures to reduce the risk of these pesticides on human health and the environment so that the provider is committed to the consumer shows how to use pesticides clearly. The Palestinian legislator banned the importation of any pesticides unless they were licensed for use in agriculture in developed countries such as the United States and the World Health Organization. The crime of violating the conditions related to the use of pesticides is one of the forms of crimes resulting from the illegal use of pesticides, in addition to the crimes that result from harm to consumers as a result of the use of pesticides. In addition, the legislator has enacted a number of regulations for the manufacture and circulation of pesticides for the public health and safety of the environment. This legislation has criminalized many acts related to the misuse of pesticides, which may harm the health and safety of consumers. And not commensurate with the magnitude of the damage that these pesticides may cause as a result of illegal use

    Administrative measures and penalties for crimes against the consumer in Palestinian legislation

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    The aim of administrative measures and penalties for crimes against consumers in Palestinian legislation is to reduce the burden on the criminal justice system and to transfer a number of crimes related to the consumer to certain laws and regulations from the scope of the Penal Code to special laws and legislation. The administrative nature of the act and the seriousness of the act, the seriousness of the administrative irregularities on the health and safety of the consumer, calls for speed in the measures taken to protect him, and these authorities specialized in the administrative control of the consumer more than the criminal judge, a sign that proceedings before the criminal justice system may be prolonged, which may cause harm to both the consumer and the provider. However, these powers granted to the administrative control authorities are not absolute. They need judicial control to protect the supplier from the arbitrariness of the administrative control authorities in order to provide the rules of justice and to ensure the continuity of service to the consumer, taking into consideration the rights of all parties. Between judicial control and administrative control in the field of consumer protection, where he did not distinguish between preventive and remedial measures as determined in the administrative jurisprudence, and the name of the judicial control authority in the Consumer Protection Law and related legislation must be amended to the administrative control authority, to take administrative measures and penalties, if the nature of the penalties is administrativ

    The Authenticity of Visual Recording in Criminal Evidence in Palestinian Legislation

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    This study revolves around the authenticity of video recordings before the criminal judiciary in Palestine, as video recordings of all kinds have become widely spread in society, especially with modern technical development, and imaging devices have spread in public and private places, which opened the way to consider the authenticity of these recordings in the event The occurrence of a crime to benefit from it in criminal proof. The Palestinian judiciary has taken the legality of the evidence derived from visual recordings in public places, where it is required that the visual evidence, like the rest of the other evidence, is certain and unquestionable so that the verdict of conviction is based on it and the judge can reach its validity and conviction through the visual evidence presented to him from pictures and films and watching them through his computer screen. The researchers followed the descriptive analytical approach by addressing and analyzing the texts of Resolution Law No. 10 of 2018 regarding cybercrime, and Law of Criminal Procedure No. 3 of 2001 and analyzing them to reach the true will of the legislator. The study concluded that visual recording in an illegal private place is a violation of the sanctity of private life, a constitutional principle that the legislator was keen on in the Palestinian Basic Law, and the Palestinian legislator did not explicitly refer to the acceptance of visual evidence in criminal evidence except in the decision by Law No. 20 of 2015 on money laundering and terrorism financing, and the most important recommendations are related to the need to investigate the accuracy of uploading the visual evidence so that this evidence does not constitute a violation of the sanctity of the private life of individuals, with the need to adhere to the use of this guide by observing the legal controls related to the visual evidence

    Electronic bidding in the Contract of Public Works in the Palestinian Legislative Council

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    This study deals with the issue of electronic bidding in the government public works contract. The main problem of the study is in determining the legal nature of the subject of electronic bidding in the public works contract, and the extent to which it is subject to the general rules of administrative law. The researchers followed a descriptive approach in this study, by describing and analyzing the legal texts dealing with the subject of the study. The Palestinian legislator, in Decree-Law No. 8 of 2014 regarding public procurement, adopted electronic means in the procedures of electronic bidding, such as e-mail and the website, without explicitly referring to them. It also permitted relying on these means in some electronic bidding procedures, such as advertising, exchanging information, and submitting the bid, and gave the administrative authorities the power to organize them. However, when opening the bids and referring the bid, the legislator organized this stage in the traditional way where it stipulated that bids be opened in a public session and the presence of the bidders or their representatives, and refer the bid to the winning bidder in writing. The legislator did not adopt electronic means at this stage. The study concluded that the public works contract should be subject to the full jurisdiction of the administrative judiciary, with the need for the Palestinian administrative judiciary to become a cancellation and compensation judiciary so that it is concerned with all public works contract disputes, whether before or after the contract
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