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Browsing Law by Author "Aktham wajih abdelrahman sulaiman"

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    Regulations of Public Facilities A Comparative Study
    (2014) Aktham wajih abdelrahman sulaiman; Dr. Mohammad shoraqa
    This study which entitled Regulations of Public Facilities" A Comparative Study " , where the researcher at the beginning threw light on the public utility and the principles that govern it under the comparative administrative law, then he tried to focus on the general context of the public utility and the principles govern it, from which this organization derives its roots . The researcher dealt with this context of public utilities by dividing it into the meaning of public utility which was represented in illustrating the concept and the elements of public utility. Then the researcher dealt with distinguishing public utilities from special projects of public interest that was represented in the presence of an explicit provision in the law , as well as the objective criteria , the personal criterion and showed the most memorable and effective of these criteria. Then the researcher discussed the construction of public utility in terms of range of management authority in this construction, and the position of the legislation of some Arab countries. Then the researcher discussed the cancellation of public utility explaining the authority specialized in this cancellation in the legislation of some Arab countries of comparison, the researcher demonstrated the implications of this cancellation specifying its features away from ambiguity in the selection. Through the second section, the researcher talked about the principles that govern the operation of public utilities , and showed these principles that regulate and govern the operation of public utilities in Palestine , compared with the legislation of some Arab countries . The researcher talked about the principle of regular public utilities and clarified the content of this principle, explaining the consequences of its introduction. He then also discussed the principle of utilities portability to change in terms of defining the meaning of this principle, and clarifying the effect of the change in public utilities on the staff at the utility , the beneficiaries and contractors with the facility, as well as the identification of constraints which are contained on this principle. He then discussed the principle of equality among beneficiaries of public utility services, by determining its content, explaining the manifestations of this equality, the consequences of its introduction and the penalty of breach. In the second chapter of the study, the researcher dealt with the most important ways in the management of public utilities in Palestine, compared with the legislation of some Arab countries, the construction of public utilities lead to emergence of these methods to manage it. The researcher addressed these methods in two parts which are the direct methods in the management of public utilities represented in: the method of direct management in terms of defining its content, and utilities that are managed , and he clarified the consequences of taking this way , as the researcher discussed the method of public organization in terms of determining what is meant by this method and its corners, and clarifying the mechanisms of managing , constructing and cancelling it. The study also dealt with the subject of indirect methods in the management of public utilities , and identified the judicial situation and the Palestinian and legislation applied compared with the judicial situation and legislation of some Arab countries, and he showed the concession method in terms of clarifying the content, and determining the legal nature of the concession contract and clarifying the legal system of this contract and its impacts, as well as the evaluation of this method , explaining its advantages and disadvantages . Then the researcher dealt with the indirect exploitation method , explaining the meaning , and distinguishing this method from direct management method and concession method, and evaluating this method , explaining its advantages and disadvantages . Then the researcher discussed the method of mixed economy , explaining its advantages and disadvantages . This study finally reached a number of findings and recommendations on the legal and practical level in Palestine .