الأساس القانوني لمسؤولية منتسبي الدفاع المدني

الملخص EN

The civil defense apparatus studies some of its most important work, and then their work in their work, and then it is integrated into their work, and then scrutinizes its projects that require compensation to make amends for the damage that they have inflicted on others, so we define the legal basis for touching the responsibility of the civil defense employee according to the general rules where the affiliates are Defense Civilians are subordinate to the Ministry of Interior and work under its banner.

Therefore, the Ministry is supposed to bear any damage issued from them according to its rule (the responsibility of the person responsible for his subordinate work) according to the text of Article (219/1) and compensation is paid to the injured, or the affected person returns to the member in his personal capacity according to According to the provisions of Article (204) of the Iraqi Civil Code (((Every infringement that inflicts any harm on others...

requires compensation)), the injured person in both cases must prove civil liability From the occurrence of (error, damage and causal relationship), so the civil defense employee can deny this matter and does not bear it by denying one of these three pillars as if it was in the case of legitimate defense or an implementation that does not pass by the boss or prove that he has done what he can To ward off the occurrence of the damage as in the case of necessity that makes the compensation lessened, and the responsibility of the department rises when there is a dependency relationship as well as an error and an infringement issued by the dependent, and cause harm to others, as the law is consider Followed in the ruling of the joint guarantor is a legal guarantee that is based on the law.

Therefore, the aggrieved party has the option to refer compensation to the Ministry of the Interior with a moral character as mentioned above or the second option to ask the civil defense affiliate to compensate when this damage is aggravated.

Civil Defense Law as the private law regulating the activities of civil defense affiliates, as the civil defense law is in force Imposing many tasks and duties on the civil defense directorate, and the latter implements them on its employees.

And the reason the Civil Defense Directorate has resorted to this law is to hold its defendant or negligent accountant accountable in the performance of a duty with a bond from the Iraqi legislator who rises.

His default responsibility towards his department, which incurred payment of compensation to those affected by his negligence under the Civil Defense Law, and his reference can insure him under the law of inclusion, so there is a correlation between the establishment of the two responsibilities, one of which is a reason for the establishment of the other responsibility, that is, the correlation in the general rules established for the responsibility of the follower for the actions of his subsidiary