الجزاءات القانونية لمخالفات تراخيص البناء : دراسة مقارنة

Abstract EN

The subject of this research regards the legal sanctions on the violations of construction permits which consider as one of the most important topics that the lawmakers tried to organize them through the formulated rules in the state, as there are some ancient problematic due to the deficiencies of the legal and administrative ideas that were behind the issuance of licensing rules, and other modern rules does match with the rapid developments of the construction and urbanization movement in the state.

therefore the construction works and the general provisions which governing them represented by the conditions, regulations, restrictions that should to be proved or be provided in order to get a building permit or repairing permission or maintenance works and the legal acts have an extremely important to maintain the urban and structure's general system, following the those procedures will achieve economic, social, engineering and developmental aspects, the violation or failing to follow the rules that governing the construction or repairing or maintenance works and what was designed legally; the competent administrative authority and the Judicial authorities will punish the violators with a criminal or administrative sanctions whether in the form of imprisonment or a fine or cessation of the violated works or the removal or correction or license withdrawal or revoking the license ...

etc.The violations of building permits consider as criminal actions its sanctions may reach the level of a misdemeanor or even a felony in specific cases.

As well as it affects the urban environment, and may reach the extent of threatening the citizen's lives and their properties.This research aims to highlight laws that related to the construction work as a roads and buildings system in Iraq No.

(44) for the year 1935 and the Law of municipalities administration in Iraq No.

(165) for the year 1964 and Law No.

(13) of the year 2001, the Act to amending the municipalities administration Law in Iraq No.

(165) for the year 1964, and the municipalities administration Law in Kurdistan Region No.

(6) for the year 1993 and the comparative laws and especially the urban French law and the applicable Egyptian Construction Law No.

(119) for the year 2008.

By comparing between the texts of these laws and making the trade-offs between them in order to diagnose the weaknesses and shortcomings that accompanied our legislation and to take advantage from their counterparts in the comparative laws, to regulate the construction, building work and to prevent aggravation conditions and chaos in the implementation process of the construction operations, overlapping the instructions controls on the buildings and palaces; the performance and supervisors concerned implementers and Urbanism movement in the state.

And finding the solutions needed to be addressed at the conclusion of this research.