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Item الرقابة الدستورية على السلطة التنفيذية في الجزائر في ظل دستور 2020(Universite of ain Temouchent, 2026) عبدالله برابح ,أمين; صديق,سهامThis study examines constitutional review of the executive authority in Algeria under the 2022 Constitution, focusing on the constitutional framework governing the acts of the President of the Republic and the Prime Minister or Head of Government, and its role in reinforcing constitutional supremacy, the rule of law, and the protection of rights and freedoms. It also analyzes the main forms of constitutional oversight in ordinary and exceptional circumstances, highlighting the role of the Constitutional Court and the mechanism of constitutional challenge in ensuring compliance with the Constitution. The study concludes that constitutional review over the executive has been strengthened, but its effectiveness depends on the independence of the Constitutional Court and the efficiency of its mechanisms.Item حجية الدليل الرقمي في المواد الجزائية(University of Ain Temouchent, 2026) بلهاشمي, دنيا إيمان; روان حسن, كمالDigital evidence is of great importance in proving crimes in general and cybercrime in particular, as it has established itself as a modern means of proof in criminal matters due to technological development and the increasing use of electronic means. It has thus become an effective tool for detecting and proving crimes. Its evidentiary value before the criminal judge depends on compliance with legal procedures and principles during investigation and inquiry, particularly with regard to the legality of obtaining such evidence and discussing it before the court while ensuring its integrity and certainty. The Algerian legislator has recognized the legal validity of digital evidence through the regulation of electronic documents, while granting the judge the authority to assess its evidentiary value in accordance with the principle of personal conviction, provided that this does not infringe upon individuals privacy and fundamental rights.Item ضمانات القرض العقاري الموجهة لتمويل نشاط الترقية العقارية(University of Ain Temouchent, 2026) بن رزاق, حكيمة; عقبي , يمينةIn light of the state's inability to cover the increasing demand for diverse housing types at reasonable prices for all segments of society, and keeping pace with economic growth, it was necessary to allow individuals and property developers to resort to credit institutions to obtain real estate loans. These loans help finance their projects and engage in real estate investment. Therefore, real estate credit is one of the most important mechanisms for financing property development projects. Financial institutions provide these loans in exchange for legal guarantees to secure the repayment of the loan amount and interest. These guarantees are divided into traditional guarantees against nonpayment, represented by real guarantees ("Official Mortgage") and personal guarantees ("Bail/Guaranty"), along with "Insurance" as a modern guarantee added to traditional ones. They also include financing guarantees for real estate loans, namely mortgage refinancing and the securitization mechanism. This study attempts to highlight and analyze these mechanisms.Item الإطار القانوني لحماية الطفل من الجرائم السيبرانيه(University of Ain Temouchent, 2026) غيتري, رجاء; سهلي, عبير فضية; سي بوعزة ,ايمان"The rapid technological advancement and the widespread proliferation of the Internet have led to the emergence of cybercrimes, which particularly threaten children due to their continuous use of technology for education and communication. This danger has prompted international and national legislation to intervene by establishing strict measures and laws to protect this vulnerable group and deter exploiters. In this context, many countries, including Algeria, have sought to build a legal framework through conventions and conferences to combat the digital exploitation of children. Despite these efforts, Algerian legislation faces shortcomings in confronting newly emerging forms of cybercrime. This is due to its inability to keep pace with rapid technical developments and its oversight of certain important procedural aspects, which necessitates updating legal texts to provide more effective protection and prevention for the child "Item المسؤولیة المدنية عن الاضرار الناجمة عن استخدام انظمة الذكاء الاصطناعي(University of Ain Temouchent, 2026) بوقاسم ,صلاح الدين; زناتي, امينة; شيخ, نسيمة"This study examines civil liability for damages resulting from the use of artificial intelligence systems by presenting the concept and technical characteristics of AI, then analyzing the legal basis of civil liability arising from damages caused by such systems, whether under fault-based liability or strict liability based on risk and liability without fault. The study also discusses the parties who may be held civilly liable, including programmers, designers, manufacturers, and users, as well as the possibility of establishing a special legal framework adapted to the autonomous and evolving nature of artificial intelligence. Furthermore, the research highlights the challenges faced by modern legal systems concerning proof of fault, causation, and assessment of compensation, while emphasizing doctrinal and legislative efforts aimed at creating a legal framework that balances the protection of victims with the encouragement of technological innovation and development. The study also addresses the efforts of Algeria in the field of digital transformation and the development of legal frameworks related to modern technologies, stressing the necessity of updating the legal system in line with the rapid evolution of artificial intelligence systems."Item جريمة تجاوز السلطة في قانون العقوبات الجزائري(University of Ain Temouchent, 2026) موخاس, لبنى; بوسيف ,أسماء; بدير, يحيThis study aims to shed light on the concept of abuse of power by examining its legal foundation and its legal nature as an offence, as well as analyzing its different forms and the sanctions provided for it under Algerian legislation. The study is based on the importance of the principle of legality, which represents the cornerstone governing administrative action and defining the limits of administrative authority. Any deviation from this principle leads to the violation of individuals’ rights and disrupts the balance between the different state authorities. The study adopts the descriptive and analytical method, by describing the legal phenomenon under examination and analyzing the relevant legal texts in Algerian law, while also referring to judicial decisions whenever possible, in order to better understand the forms of abuse of power and determine their legal consequences accurately. The study also addresses the main forms of abuse of power, such as the administration’s encroachment upon judicial authority and the violation of the inviolability of the home, while clarifying the legal framework that criminalizes such acts and determines the resulting liability, whether administrative, civil, or criminal. It further examines the system of penalties, including principal, supplementary, and accessory sanctions, applicable to both natural and legal persons, and highlights the essential role of the administrative judiciary in reviewing the legality of administrative decisions through actions for abuse of power and the annulment of unlawful administrative acts. The study concludes with several key findings, the most important of which are that the principle of legality is the fundamental basis for regulating administrative activity, that abuse of power appears in various forms affecting judicial competence or fundamental rights and freedoms, that the Algerian legislator has established a comprehensive legal framework to combat this phenomenon, and that the administrative judiciary plays an effective role in controlling administrative actions through judicial review. However, the effectiveness of this protection depends largely on the proper application of legal provisions and the strengthening of administrative and judicial oversightItem الأقطاب الجزائرية المتخصصة في المواد الجزائرية في ظل القانون 25-14(University of Ain Temouchent, 2026) سعدو ,سمية; بن عزة, محمد حمزة"Specialized criminal divisions in Algerian legislation represent a qualitative shift in combating organized, economic, and cybercrime, departing from traditional territorial jurisdiction rules by granting them extended national jurisdiction. Their importance lies in empowering investigating judges with exceptional powers such as electronic interception, searching information systems, and infiltrating encrypted networks. This memorandum addresses the following concepts: the notion of specialized criminal divisions and their legal basis; the reasons and objectives for their establishment; the substantive jurisdiction of the economic and financial division; the substantive jurisdiction of the national division for combating cybercrime; the specificity of procedures followed before them; the powers of the investigating judge in collecting digital evidence; and the mechanisms of international judicial cooperation for recovering criminal proceeds."Item إلتزامات المؤسسة المستخدمة في تحقيق صحة وسلامة العامل المهنية(University of Ain Temouchent, 2026) فكاك ,بشرى جيهان; دحو, جيهان لميس; بن صالح, عادلSecuring the work environment constitutes an increasing historical and legal responsibility borne by the employing institution, as the concept of occupational health and safety is no longer limited to material dimensions represented by addressing work accidents and occupational diseases to protect workers' bodies, but has extended to encompass psychological dimensions, preventing violence at work, and neurological disorders such as neurosis and nervous depression. This protection is practically demonstrated through enforcing strict preventive and safety measures within the work environment, monitored through the integration of internal control mechanisms, represented by occupational medicine and the health and safety committee, with external oversight bodies, namely the labor inspection and social security services. To ensure compliance, the Algerian legislation, in alignment with international conventions, has established precise civil liability rules for remedying damages, coupled with a strict criminal liability framework with defined elements and penalties to address any negligence, making occupational safety an integrated system that balances production with the preservation of human health and dignityItem سلطة القاضي في تعديل التعويض الاتفاقي(University of Ain Temouchent, 2026) بن عمارة, ريان; يحلى ,جوهينة; سعدي ,محمد أمينThis study examined agreed compensation as a manifestation of the principle of the autonomy of the will in contracts, whereby the contracting parties may determine in advance the amount of compensation payable in the event of a breach of contractual obligations. It addressed the concept of agreed compensation, its characteristics, and its legal nature, while distinguishing it from similar legal concepts. The study also clarified the conditions for entitlement to agreed compensation, namely contractual fault, damage, the causal link, and formal notice. Furthermore, the study examined the judge’s role in modifying agreed compensation as an exception to the principle of the binding force of contracts. It explained the scope of the judge’s authority to review the legality of agreed compensation and the conditions for its entitlement, as well as the circumstances in which the law permits the reduction, increase, or non-enforcement of agreed compensation, with the aim of achieving a balance between respecting the will of the contracting parties and the requirements of contractual justice.Item تحديات التحقيق الالكتروني في ظل الفضاء الرقمي(University of Ain Temouchent, 2026) بشير بن داود ,فهد; زعزوعــــــــــــة, نجاة"This study, entitled ""Challenges of Electronic Investigation in the Digital Space,"" examines electronic investigation as one of the most important legal mechanisms developed to combat cybercrime. It analyzes the conceptual framework of electronic investigation and digital evidence, the legal framework adopted by the Algerian legislator, and the main legal and technical challenges faced by investigative authorities in collecting and preserving digital evidence. The research adopts a descriptive and analytical approach and concludes that electronic investigation has become an essential necessity due to the unique nature of cybercrime. It also finds that digital evidence is the cornerstone of criminal proof, provided that it is collected and preserved according to proper legal and technical procedures. Furthermore, despite the legislative developments introduced by the Algerian legislator, electronic investigation still faces significant challenges, including encryption technologies, the rapid disappearance of digital evidence, limited technical expertise, and difficulties in international judicial cooperation."Item المسؤولیة المصرفیة المتعلقة بالتحویل الالكتروني(University of Ain Temouchent, 2026) برايم, سعاد; بوبصلة, خيرة; حاج بوسعادة, فتيحة"This dissertation examines the legal framework governing electronic funds transfers and the banking liability arising from such transactions. The study highlights the significant role of technological advancement in transforming banking operations, particularly through the adoption of electronic payment and transfer systems. While these systems provide speed, efficiency, and convenience, they also create legal challenges related to security, customer protection, and liability allocation. The research first defines electronic funds transfer, explains its characteristics, and identifies the parties involved in the transaction. It also analyzes the legal and regulatory framework governing electronic banking operations. The dissertation further explores banking liability resulting from electronic transfers by examining its legal basis, conditions, and consequences. Particular attention is given to operational errors, technical failures, unauthorized transfers, cybersecurity risks, and delays in executing transfer orders. The study concludes that banks bear substantial obligations regarding accuracy, confidentiality, security, and proper execution of transfer instructions. Whenever a bank breaches these obligations and causes damage to customers, legal liability may arise. Finally, the research emphasizes the necessity of updating legal regulations, strengthening cybersecurity measures, and improving consumer protection mechanisms to ensure confidence in electronic banking services"Item الأمن السيبراني في الجزائر والتدابير التقنية والتشريعية لحمايته(University of Ain Temouchent, 2026) صحراوي ,فاطمة زهرة; مجاجي, سعاد"The concept of cyber security is closely linked to cybercrime, which threatens national security with in the digital technology. Misuse of this technology, a long with a lack of awareness regarding its proper utilization, can create risks that threaten the security and safety of society. This has prompted the Algerian state to develop a national strategy for securing information systems in order to confront various cyber threats. This study aims to classify the concept of mechanisms for enhancing cyber security, demonstrate its importance in protecting national sovereignty and highlight the current reality and future of cyber security in Algeria."Item المخالفة الشكلية للدستور(University of Ain Temouchent, 2026) بن بوهة, نور الهدى; محمد بلعربي ,شيماء; بدير ,يحيThis study examines the formal violation of the Constitution as one of the aspects of constitutional review of legislation, based on the principle of the supremacy of the Constitution and the obligation to comply with constitutional procedures and formal requirements during the legislative process. It also aims to define the concept of formal constitutional violation, its various forms, and its legal implications, while analyzing the constitutional rules governing the competence of legislative authorities and the procedures for enacting laws within the Algerian constitutional system. The study concludes that compliance with constitutional procedural requirements constitutes a fundamental guarantee of the legality and constitutionality of legislation. Failure to observe these requirements may lead to a declaration of unconstitutionality, highlighting the essential role of the Constitutional Court in safeguarding constitutional legitimacy and reinforcing the rule of law.Item الاعتراف بالشخصية القانونية للذكاء الاصطناعي(University of Ain Temouchent, 2026) زرفة ,حنان; دربال ,صليحة; زعزوعة, نجاة"This study aims to review the most important conceptual aspects related to legal personality and artificial intelligence . we concluded that there is no unified and precise definition of artificial intelligence ; due to its multiplicity of fields and continuous development . we also outined its most significant advantages and disadvantages. The research further examined the possibility of personifying artificial intelligence systems ; presenting the proponent and apponent approaches in this regard . it then addressed the proposed theory to resolve this issue ; namely the ‘bundle theory ‘ ; in addition to highlighting the moste recent theories in this field ; represented by the ‘human proxy theory ‘ and the ‘ theory of granting artificial intelligence an independent legal personality’. Moreover , the study shed light on the legal aspects related to artficial intelligence by analyzing the effects of its personification, primarily represented in civil liability for damages resulting from artificial intelligence, and then moved to examine criminal liability arising from crimes committed through it , while presenting the opposing and supporting approaches to its establishment , identifying the parties to this liability , and explaining the effect of its existence . "Item المثول بناء على الاعتراف المسبق بالذنب(University of Ain Temouchent, 2026) عراب ,محمد; بودلال ,فاطمة الزهراء; عبد السلام, نور الدينLe plaider coupable. Fondé sur la reconnaissance préalable de culpabilités un système apparu dans les pays Anglos –saxons pour s'étendre ensuite aux pays européens puis aux pays arabe , et bien que chacun d'eux ait une substance différente de l'autre, compte tenu du rôle qu'il joue dans la simplification des procédures- La ou le législateur algérien a introduit le système du plaider coupable en vertu de la loi de procédure pénale 14-25 en date du 03 aout 2025 ,dans le cadre des efforts du législateur pour parvenir à l'efficacité procédurale sans porter atteinte aux garanties du procès équitable et comme nouvelle voie de déclanchement de l'action publique, et ce conformément aux conditions règles et procédures légales pour garantir l'application saine de cette procédure, ou cela commence par la phase de présentation de la proposition pour se terminer par la délivrance du titre d'exécution dans son volet pénal et civil ,cette procédures et d'accélération du jugement des délits simples par le biais de la reconnaissance du mis en cause de son crime et l'acceptation de la reproposée par le représentant du ministère public, avec pour condition l'approbation du juge pour en garantir sa légitimité.Item المواجهة التشريعية لجرائم المخدرات و المؤثرات العقلية(University of Ain Temouchent, 2026) شارف ,هاجر; فوحال ,رياضThis study aims to highlight drug and psychotropic substance crimes in Algerian legislation, as they are considered among the most dangerous criminal phenomena threatening the security and stability of society due to their serious health, psychological, social, and economic impacts. The study also aims to clarify the concept of drugs and psychotropic substances, identify the various forms of crimes related to them, and explain their legal elements and prescribed penalties under Algerian law. In addition, the study examines the 76 preventive, therapeutic, and repressive mechanisms adopted by the Algerian legislator to combat this phenomenon. The study relied on both descriptive and analytical approaches through the analysis of legal texts related to the prevention of drugs and psychotropic substances and the suppression of their illicit use and trafficking, while highlighting the role of security, judicial, and health authorities in combating these crimes. The study also addressed the various forms of drug- related crimes, such as use, possession, consumption, promotion, trafficking, and smuggling, while emphasizing their danger to both individuals and society. The study concluded that the Algerian legislator adopted a criminal policy combining deterrence, prevention, and treatment by imposing severe penalties on traffickers and dealers, while also giving importance to the therapeutic aspect for addicts in order to facilitate their social reintegration. The study further concluded that combating drug-related crimes requires the combined efforts of security, judicial, health, and educational institutions, along with intensifying awareness and prevention campaigns, especially among young people, and continuously developing legislation to keep pace with the evolution of organized crime methods.Item السلطة السياسة وفق الشرعية و المشروعية في الجزائر(University of Ain Temouchent, 2026) بلعباس , غزلان زاهية; بوكمبوش, سناء; بلعيد ,غزاليThis thesis addresses the topic of "Legitimacy and Legitimacy in the Algerian Political System," a central topic in constitutional law and political science, especially in light of the political transformations that Algeria has experienced. The research is divided into two chapters: the first addresses the conceptual aspect, clarifying the difference between the concepts of legitimacy (as a political source of authority) and legitimacy (as subjection to the law), and the interactive relationship between them. The second chapter is applied, focusing on analyzing the foundations and sources of legitimacy of the Algerian political system since independence, tracing crises such as the October 1988 crisis and the February 22, 2019 movement, and reviewing elections as a source of electoral legitimacy. The study relies on analytical, historical, and descriptive approaches and concludes that the Algerian political system has experienced fluctuating legitimacy, which requires strengthening it with greater transparency, participation, and the establishment of the rule of law. The memorandum recommends profound political reforms to restore citizens' confidence and ensure the continuity of the system on constitutional foundationsItem أثر الاختلال بين السلطات على العدالة وإستقرار الدولة(University of Ain Temouchent, 2026) زحزوح, عبد العزيز; عبان, حسام الدينThis study examines the impact of the imbalance among the branches of government on justice and state stability. It highlights the importance of the principle of separation and balance of powers in ensuring the rule of law and protecting rights and freedoms. The study adopts descriptive and analytical approaches to examine the relevant constitutional and legal texts. It concludes that the dominance of one branch over the others weakens justice, reduces the effectiveness of oversight, and threatens political and institutional stability. The study recommends strengthening judicial independence, enhancing oversight mechanisms, and maintaining a balanced separation of powers to promote justice and ensure state stability.Item ضوابط فرض الجزاءات الإدارية الغير المالية(University of Ain Temouchent, 2026) بوجلال برابح, زينيب; زواوي ,وهيبة; آيت حمودة ,كاهنة"The process of imposing non-financial administrative sanctions is subject to a set of legal controls that ensure their legality and prevent the abuse of power. The principle of legality is considered one of the most important of these controls, as the sanction must be based on a legal or regulatory text that authorizes it. It is also necessary to respect the principle of gradualism in imposing sanctions, whereby the lighter penalty is applied before resorting to the more severe one, depending on the seriousness of the violation. Likewise, the principle of proportionality must be observed between the sanction and the nature of the environmental damage committed. On the other hand, the concerned party must be guaranteed the right of defense, particularly through being informed of the violation and given the opportunity to present observations. In addition, the administrative decision must be properly reasoned, clearly stating its factual and legal grounds. Finally, the sanction is subject to judicial review by the administrative judiciary as a guarantee of respect for the principle of legality. "Item القرينة الدستورية ودور القاضي الدستوري في حل النزاع الدستوري(University of Ain Temouchent, 2026) عبد اللاوي, نور الدين; عبري ,محمد ياسين; غزالي ,بلعيدThis study examines the concept of the constitutional presumption and its role in constitutional review, highlighting its significance in the work of the constitutional judge when resolving constitutional disputes. The constitutional presumption is based on the assumption that laws are constitutional until proven otherwise, thereby ensuring legislative stability and maintaining a balance between state powers. The study also explains how the constitutional judge relies on this presumption in interpreting legal texts and settling constitutional disputes in a manner that upholds the supremacy of the Constitution and protects rights and freedoms.