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Item Open Access حدود حجية المحاضر الجمركية(جامعة المسيلة, 2025) ياسمين بعجي.Customs reports, with their official status and evidentiary force, constitute a cornerstone in the establishment of customs violations, and a fundamental pillar in initiating proceedings. Within the customs domain, they are deemed conclusive evidence, relied upon by courts and administrative authorities alike. However, this strength-despite its weight-is not left unbounded by the legislator. Rather, it is encircled by strict legal constraints, allowing for challenges through nullity, forgery claims, or counter-evidence, in order to safeguard rights and uphold the balance between state authority and the right to a fair defense.Item Open Access تنظيم التلقيح الاصطناعي في الفقه الاسلاميوالقانون الجزائري والفرنسي(جامعة المسيلة, 2025) طاهر قليلThis study sheds light on the effective methods developed by modern medicine to treat reproductive problems (infertility), namely artificial insemination (AI). The remarkable results it has yielded have contributed to the continuation of marital relationships and the stability of families. It also highlights the associated problems, particularly regarding the permissible and illicit forms of AI and its conditions, proof of parentage, surrogacy, surplus embryos after implantation, zygote freezing, surrogacy, embryo transactions, and their destruction. It also examines how Islamic jurisprudence, Algerian law, and French law regulate these issues, adopting a descriptive, analytical, and comparative approach. The study concludes that Algerian law has adopted Islamic jurisprudence regarding permissible forms of AI, while French law has expanded on this issue. Among the recommendations emerging from the study is the need to criminalize and punish violations of Article 45 of the Algerian Family Code by the Algerian legislature.Item Open Access تجسيد مبادئ التنظيم القضائي في المادة الإدارية(جامعة المسيلة, 2025) عبد النور دغفل; يعقوب سرايThis study aimed to shed light on the embodiment of judicial organization principles within administrative law, by analyzing the development of the administrative judicial system in Algeria, particularly in light of the reforms introduced by the 2020 constitutional amendment. The study found that these principles form the cornerstone for ensuring justice and upholding the rule of law, resulting in significant reforms such as the implementation of the two-tier litigation system and the independence of administrative courts. It further highlighted the importance of establishing key principles such as equality, adversarial proceedings, and judicial dualism in administrative matters. The study recommends strengthening legal safeguards, simplifying procedures, digitizing judicial processes, and improving the training of judges and lawyers specializing in administrative law to enhance the effectiveness and quality of administrative justice.Item Open Access تأثير الرقمنة على فعالية الضبط الاداري في مواجهة الجرائم الالكترونية(جامعة المسيلة, 2025) عمرون حياة; عمرون حكيمةThis study aims to highlight the role of digitization in enhancing the effectiveness of administrative control, particularly in the face of the growing threat of cybercrime in Algeria. It begins with an analysis of the conceptual framework of administrative control in the digital age and explores the potential of digitization—including artificial intelligence and data analysis—in supporting efforts to detect and prevent cybercrimes. The study’s findings indicate that digital transformation has significantly evolved the concepts of administrative control and cybercrime, necessitating a reconsideration of the existing theoretical and legislative frameworks. It also reveals that the Algerian legal system still suffers from legislative gaps and lacks specialized and adequate provisions to address these sophisticated crimes. Furthermore, the study emphasizes that the absence of institutional coordination and the shortage of specialized human resources in the fields of digitization and cybersecurity represent major challenges that hinder the effectiveness of digital administrative control. The study concludes with a set of recommendations, calling for the reform of the legislative framework, the development of human resources, and the activation of cooperation among various concerned entities, in addition to adopting digitization as a strategic tool in public policies to combat cybercrime.Item Open Access إنقضاء عقد الإعتماد الإیجاري حسب الأمر 09-96(جامعة المسيلة, 2025) ساكو عقیلةIn conclusion, the termination of a leasing contract is a crucial and delicate phase for both the lessor and the lessee. It requires a thorough understanding of the legal and regulatory framework governing such contracts, as well as attention to the specific contractual clauses applicable to each case. The contract may end naturally upon expiration, through early termination by mutual agreement, due to breach of obligations by either party, or through the final acquisition of the asset by the lessee. This phase is particularly important because of its significant legal and financial implications. Therefore, the proper management of the lease termination process is essential to safeguard the rights and interests of both parties in accordance with applicable laws and regulations.Item Open Access آليات إعادة التوازن العقدي في التشريع الجزائري(جامعة المسيلة, 2025) بن عمر فاتن; طلحي أسماءA contract is considered an agreement between two or more wills to produce a specific legal effect; in principle, it is derived from the doctrine of the autonomy of will. However, contractual balance may be disrupted due to an imbalance in the performances of the parties, which may result in one party being disadvantaged and weakening their contractual position. Therefore, the Algerian legislator intervened to address this imbalance and protect the weaker party by enacting special laws such as the Consumer Protection Law, which aims to combat abusive clauses in adhesion contracts and ensure the weaker party’s right to effective legal protection. In addition, the law grants judge's broad discretionary powers allowing them to amend or annul the contract in cases of proven exploitation or disadvantage, or when unforeseen circumstances alter the nature of the contractual obligations—a concept known as the theory of unforeseen circumstances. This intervention represents a limited modification of the principle that "the contract is the law of the parties," but it is necessary to ensure balance and fairness in contractual relationships, especially in contracts where one party holds significantly more power than the other.Item Open Access آليات اختيار أحسن عرض من حيث المزايا الاقتصادية في مجال الصفقات العمومية(جامعة المسيلة, 2025) بن شويخ مصطفى; عمرون حسامThe selection of the best economic offer in public procurement relies on fundamental principles that guarantee free access to public requests and equality among all candidates, with full commitment to transparency throughout all stages of the process. These principles are based on Presidential Decree 15/247, which established the legal framework for public contracts in Algeria, while the new Law 23/12 came to develop this legal framework and introduce more flexible and modern mechanisms. However, its effective implementation requires precise regulation to ensure its effectiveness and achieve the desired goals. The content of the best offer is determined by multiple criteria including quality, duration, social and environmental aspects, in addition to aftersales services, allowing the selection of an offer that achieves the optimal balance among these criteria rather than focusing solely on the lowest price. The formal procedures begin with the preparation of the terms of reference, which accurately defines the contract requirements and is subject to approval by the competent authorities before the official announcement of the call for tenders. This is followed by the stage of receiving, opening, and evaluating the bids according to clear and objective criteria that ensure integrity and transparency. After evaluation, the results are announced transparently and the contract is awarded with close legal and administrative monitoring to ensure compliance with the conditions. On the other hand, there are informal procedures related to negotiation and consultation methods introduced by the new law, where consultation is defined as a principle that allows discussions with contractors to ensure the best results, with Clear.Item Open Access الوكالة الجزائرية لترقية الاستثمار والعقار الاقتصادي(جامعة المسيلة, 2025) فروج وسيلة; بليزاك فطيمة الزهرةThe study aims to assess the ability of the Algerian Investment Promotion Agency to promote investment and support the economic real estate sector in Algeria in light of the law, with a focus on the available legal and administrative mechanisms to achieve this goal. The study relied on an inductive analytical approach, where relevant laws and regulations were studied, and their effects on supporting investment and developing the economic real estate sector in Algeria were analyzed. The findings of the study are as follows: - The Algerian authorities have taken several important steps to encourage both domestic and foreign investment by adopting laws and regulations aimed at simplifying administrative procedures and reducing bureaucracy. However, there is still a need to further strengthen these laws to keep pace with global economic developments. - The study shows that economic real estate is one of the main factors attracting investments, but there are some challenges related to land allocation and facilitating access for investors. In this context, further reforms are required to secure suitable lands that encourage investment in various economic sectors. - The Algerian Investment Promotion Agency contributes to facilitating access for investors to both financial and technical support, but there is a need to improve financing mechanisms, whether through loans or public-private partnerships, to ensure sustainable development in the real estate market. - The agency stands out as a vital tool for organizing the business environment in Algeria, but its effectiveness requires greater integration with other entities such as municipalities and provinces to ensure the effective implementation of development strategies.Item Open Access النقاش النظري بين الواقعية الجديدة والليبرالية الجديدة حول التعاون الدولي(جامعة المسيلة, 2025) اسمهان بلةThis study explains how to build a theoretical interpretive framework for the subject of International Cooperation. Through the debate between Neoliberalism and Neorealism, by reading the intellectual foundations and the most important assumptions for the two theories. From the Neoliberal point of view, The International Cooperation has become widespread in all fields such as, economic, political, environmental, health and other sectors. From neoliberal, the spread of International Institutions has led to ensure stability through International Agreements and Treats between states. By contrast, Neorealism sees that the Anarchy of the International System, Cheating and the hegemony of Great Powers prevented achieving cooperation. Neorealists believe that the continuation of cooperation is tied to interests of the dominant powers in these institutions. Also, this study examines the Neorealist - Neoliberal Synthesis that was presented within Rational Paradigm and demonstrated the convergence of the two theories in the face of Post Positivist approaches. Despite the convergence each theory try to defend to its Ontological Identity.Item Open Access النظام القانوني لوسيط الجمهورية في التشريع الجزائري(جامعة المسيلة, 2025) زرقوط هشامThe institution of the Mediator of the Republic in Algeria was reactivated by Presidential Decree N°20-45 issued in 2020, as a continuation of a previous, now-cancelled experience (1996–1999). It functions as an independent administrative body with a non-judicial oversight role aimed at ensuring respecting the law within public administration and safeguarding individual rights and freedoms. Despite operating under the direct supervision of the President of the Republic and being provided with the necessary human and material resources, its powers remain limited due to legislative constraints, which has negatively impacted its independence and effectiveness. Furthermore, the institution suffers from a lack of legal warranties necessary to ensure neutrality and transparency, thereby restricting its ability to reach the performance standards associated with ombudsman systems in other countries.Item Open Access النظام القانوني للمؤسسات العقابية في القانون الجزا ئري(جامعة المسيلة, 2025) بعداش أمينة; دحية بلالWhen discussing the policy of social reintegration for prisoners, it is essential to address the role of penal institutions, which serve as the technical framework within which deprivation-of-liberty sentences are enforced. The significance of this topic stems from its focus on a fundamental issue in contemporary criminal policy: how to effectively reintegrate prisoners into society in a manner that ensures their rehabilitation and reduces recidivism rates. The success of penal institutions is measured not only by their ability to enforce punishment but also by their capacity to rehabilitate individuals, enabling them to become productive members of society after their release. This issue gains further importance in light of the challenges modern societies face in balancing punishment, on one hand, and safeguarding the human dignity and social rights of prisoners, on the other . In *Chapter One*, we examined the organization and functioning of penal institutions by exploring their conceptual framework, types, and the organizational and human structures they rely upon. This allowed us to understand the nature of these institutions, how they carry out their punitive and rehabilitative functions, and the differences among them based on the type of crime or the offender’s profile . In *Chapter Two*, we analyzed the internal regulations of penal institutions, focusing on detention systems and methods of penal treatment within these facilities. Our findings emphasized the necessity of providing diverse and comprehensive treatment approaches—whether educational, religious, vocational, medical, psychological, or social—that uphold the dignity of prisoners and ensure humane treatment. We also explored various social reintegration programs, such as conditional release, suspended sentences, semi-liberty, external work programs, electronic monitoring, and post-release supervision, culminating in the provision of aftercare services for released inmates.Item Open Access النظام القانوني للترقية في قانون الوظيفة العمومية الجزائري(جامعة المسيلة, 2025) سعدالله إيمانThe subject of this study revolves around the legal system for promotion in the Algerian Public Service Law, which is considered one of the most important topics related to the public employee and management. On the basis of this system, the administration is able to select competent employees in order to manage public facilities to the fullest extent, and the employee also strives to Obtaining this right. Promotion is a right approved by the legislator for every employee who strives to perform his duties. It depends on his seniority in the job and his competence and abilities through study and training. If he meets these elements and meets the legal conditions necessary for promotion, then the competent authority in the public administration has the right to issue a decision to promote him, and this is unless it conflicts with one of the Legal impediments to promotion.Item Open Access استثمار العقار السياحي وعلاقته بالتنمية المستدامة(جامعة المسيلة, 2025) معريش عبد الرحيمTourism real estate investment is one of the key pillars of sustainable development due to its role in enhancing tourism infrastructure and stimulating economic growth. By establishing and developing tourism facilities such as hotels, resorts, and tourist villages, a favorable environment for local and foreign investments is created, contributing to job creation and supporting tourism-related sectors, such as transportation, services, and trade. This type of investment also improves the quality of life in tourist destinations by developing public facilities and preserving natural and cultural landmarks. To ensure the sustainability of this sector, it is essential to adopt policies that safeguard environmental resources and balance investment requirements with the need to protect the natural and cultural surroundings. This makes tourism real estate a crucial factor in achieving balanced and sustainable economic development.Item Open Access 13- النظام القانوني لسلطة ضبط المحروقات في ظل القانون 19(جامعة المسيلة, 2025) متاح طارق; مرزوقي فرحاتThe Algerian legal system has undergone a series of reforms in response to the economic transformations that began in the late 1980s. These changes led to the emergence of a new model of public governance marked by a shift from a "dirigiste state" to a "regulatory state", through the establishment of what is known as independent administrative authorities. In this context, Hydrocarbons Law No. 05-07 was enacted to reflect this approach by creating a new body responsible for regulating activities in the hydrocarbons sector, alongside the ALNAFT agency — namely, the Hydrocarbons Regulatory Authority. This authority distinguished itself from other economic regulatory bodies through specific legal features, most notably its industrial and commercial character in operational matters. This orientation was further reinforced by the provisions of Law No. 19-13 on hydrocarbon activities, which restructured the institutional framework of the sector and confirmed the Regulatory Authority as a key player in the organization and supervision of hydrocarbon activities — particularly in downstream operations. Accordingly, this new legal framework raises essential questions regarding the legal status of the Hydrocarbons Regulatory Authority within the institutional system, the nature of the powers and responsibilities granted to it by the legislator under Law No. 19-13Item Open Access المسار المهني للموظف في التشريع الجزائري(جامعة المسيلة, 2025) تالي مفيدةAbstract: This study addresses the topic of the professional career path of public employees in Algerian legislation, stemming from the importance of this path in achieving a balance between administrative requirements and employee rights. It aims to analyze the legal and regulatory framework that defines employment conditions, promotion criteria, and mechanisms for evaluation and disciplinary action, all within a professional sequence that upholds fairness and merit. Based on the legal-analytical and comparative approach, and through an in-depth analysis of relevant legal texts, the researcher concluded that the Algerian legislator has established a comprehensive system that begins with the preparation of the administrative file, followed by performance evaluation and continuous training, passing through the annual human resources management plan, and concluding with the organization of service termination. The study confirms that these mechanisms constitute a fundamental pillar for enhancing administrative performance and motivating human resources, thereby reinforcing the efficiency of the civil service and consolidating the principles of transparency and discipline within the public sector.Item Open Access الرقمنة كخيار لمكافحة الفساد الإداري وتكريس مبدا الشفافية(جامعة المسيلة, 2025) منى يوسفي; آسية عجيميThe thesis explored digitization as a strategic approach to combating administrative corruption in Algeria. It clarified key concepts such as digitization, administrative corruption, and transparency, emphasizing their interdependent relationship. The study highlighted the role of digital tools in reducing human interference, enabling electronic oversight, and strengthening accountability mechanisms. The Algerian experience was examined through digital initiatives and platforms, assessing their effectiveness in improving administrative performance and curbing corruption. The thesis concluded that while digitization is a powerful tool for fighting corruption, it still faces legal, organizational, and technical challenges that must be addressed to achieve comprehensive digital governance.Item Open Access ضمانات حرية الصحافة في القانون الجزائري(جامعة المسيلة, 2025) دوشة أحمدThe 2023 Algerian media law introduced reforms aimed at strengthening press freedom. It replaced licensing with a notification system and abolished prison sentences for publishing offenses. Legal protections for journalists and their right to source confidentiality were guaranteed. The law enforces strict professional standards and mandates employing trained journalists. However، it prohibits foreign funding and excludes dual nationals from media ownership. Despite positive aspects، vague provisions raise concerns about limiting freedoms. The law’s success ultimately depends on its fair implementation and respect for constitutional principles.Item Open Access احكام التبليغ في المادة الادارية(جامعة المسيلة, 2025) امساعد محمد الاخضر; عبد اللاوي المختارItem Open Access الأمن السيبراني ) المفهوم والأهمية )(جامعة المسيلة, 2025) قاقي سعادThis thesis addresses the issue of cybersecurity amid rapid digital transformation, focusing on Algeria’s strategy to counter cyber threats. The study highlights the importance of protecting the nation's digital infrastructure and strengthening legal and regulatory frameworks to combat cybercrime. It also discusses the technical and human challenges Algeria faces and suggests development mechanisms such as awareness enhancement, capacity building, and legal reform. The study concludes that a comprehensive approach combining technical, legal, and strategic dimensions is essential to ensure a secure cyber environment.Item Open Access الطلاق وآثاره الاجتماعية والقانونية(جامعة المسيلة, 2025) بليزاك آسيا; بن جودي سميرةDivorce is a complex social and legal phenomenon that goes beyond the boundaries of the marital relationship to affect family stability and societal cohesion. On the social level, divorce leaves psychological and behavioral effects on both spouses and negatively impacts children in terms of upbringing and integration. It also contributes to the spread of family disintegration and deviant behavior. From a legal perspective, the Algerian Family Law regulates the rules and procedures of divorce and defines the rights resulting from it, such as alimony and custody, while granting the judiciary a fundamental role in attempting reconciliation and resolving disputes. Nevertheless, there remain challenges in implementation, such as difficulty in proving rights, slow legal procedures, and a lack of legal awareness among citizens. This calls for activating protective mechanisms and updating legislation related to the family.