The effect of administrative licensing on criminal liability for chemical leakage (A comparative study)

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Aqeel Aziz awdh
Ghusen Mnahi KHyoon

Abstract

It has become clear through this research that the legislation related to the protection from the leakage of chemicals is based on a set of principles, among which is that this legislation is a means of regulating and developing security, taking into account international obligations to lay the necessary foundations for this. Practicing chemical activity and leaving the details of these practices regulated by the regulations and instructions issued by the competent authority for administrative licensing in the extent that criminal responsibility for the leakage of chemicals has been achieved.


It is therefore not considered an administrative license. As justification for chemically polluting the environment. Chemicals may not be used. Or work in it in any capacity whatsoever, or establish, operate or manage any industrial facility except after obtaining the necessary license for that. Administrative licenses do not constitute a reason to justify the commission of an offense of diversion of chemical substances, unless otherwise provided in the criminalization text, even if the judiciary sometimes avoids this reason unless the criminal text establishing the offense allows exemption from criminal responsibility. These licenses are issued by the competent authority to prevent the leakage of chemicals when granting licenses, the most important of which is the purpose of using these chemicals, their location and movements, and the protection of workers in particular, as well as the protection of people. And the environment from the effects and dangers of chemical spills

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How to Cite
عقيل عزيز عودة, & غصن مناحي خيون. (2022). The effect of administrative licensing on criminal liability for chemical leakage (A comparative study) . MIsan Journal of Comparative Legal Studies, 1(7), 1–39. https://doi.org/10.61266/mjcls.v1i7.134
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