آليات مكافحة الغش التجاري في القانون العراقي

Abstract EN

The development of economic relations, the wide increase of trade exchange between individuals, the enhancement of production and the emersion of many complicated goods and products in a way that is difficult for the consumer to be familiar with and have sufficient information in terms of its technicality and the use of it.

All these have led to have commercial fraud in national markets in which affects in a negative way health and safety of people as well as state's economic infrastructure.

Starting from the point that the state's responsibility based on its constitution is to provide the basic rights for its individual including utilizing materials and consumption in a manner which protect them from fraud and deception by the producer.

Regarding to this protection, there are many rules and mechanisms in the Iraqi legislations aims to protect people from fraud and deception.

However, these rules and mechanisms are limited and insufficient to regulate commercial fraud.

Furthermore, these rules are not compatible with modern developments in the commercial field and with scientific and technological progress in the industrial field.

Moreover, the luck of intensive and systematic control in markets, the inadequacy of laboratories equipped with good equipment for detecting bad quality goods and to examine the various goods that must be examined whether these goods are food or pharmaceutical or any other kind of goods or products and the luck of people and consumer's familiarity of products and not getting enough information by media to know their rights and how to take the necessary measures if they are being cheated.

Finally, enhancement in scientific and technology in aspect of industrial, and in the field of natural chemical and biological science have led to release complicated product.

Also, these improvement have made it easy for producer to decept people in variety ways in which not be easy for people to detect them.

Therefore, there is a need to activate the laws and regulations of anti- commercial fraud rules, activate supervision and training of technical personnel working in the field of control of goods and products, and increase the laboratories equipped with modern equipment to detect bad goods and check the various goods that must be examined, the role of consumer protection associations to guide consumers, educate them and have them to understand their The development of economic relations, the wide increase of trade exchange between individuals, the enhancement of production and the emersion of many complicated goods and products in a way that is difficult for the consumer to be familiar with and have sufficient information in terms of its technicality and the use of it.

All these have led to have commercial fraud in national markets in which affects in a negative way health and safety of people as well as state's economic infrastructure.

Starting from the point that the state's responsibility based on its constitution is to provide the basic rights for its individual including utilizing materials and consumption in a manner which protect them from fraud and deception by the producer.

Regarding to this protection, there are many rules and mechanisms in the Iraqi legislations aims to protect people from fraud and deception.

However, these rules and mechanisms are limited and insufficient to regulate commercial fraud.

Furthermore, these rules are not compatible with modern developments in the commercial field and with scientific and technological progress in the industrial field.

Moreover, the luck of intensive and systematic control in markets, the inadequacy of laboratories equipped with good equipment for detecting bad quality goods and to examine the various goods that must be examined whether these goods are food or pharmaceutical or any other kind of goods or products and the luck of people and consumer's familiarity of products and not getting enough information by media to know their rights and how to take the necessary measures if they are being cheated.

Finally, enhancement in scientific and technology in aspect of industrial, and in the field of natural chemical and biological science have led to release complicated product.

Also, these improvement have made it easy for producer to decept people in variety ways in which not be easy for people to detect them.

Therefore, there is a need to activate the laws and regulations of anti- commercial fraud rules, activate supervision and training of technical personnel working in the field of control of goods and products, and increase the laboratories equipped with modern equipment to detect bad goods and check the various goods that must be examined, the role of consumer protection associations to guide consumers, educate them and have them to understand their rights.