Keywords : law


The Role of Domestic Law Principles in the Development of International Law

Issa Mahmoud Obaid

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 482-505

International law may be exposed to legal loopholes that express areas in which the law is not sufficient to rule the case, which raises the possibility of resorting to the general principles of law, as a distinct source of international law based on the presumed will of the majority of countries, as it expresses the general trend of commitment to what is included in legal systems .It is a rule of law, and thus can become a part of the international legal system. And that is after acknowledging it as a source, which is preceded by its recognition by the general local systems of countries, and thus it contributes a prominent and important role in developing the rules of public international law in general, and international criminal law in particular. It is applied, in particular, by the internal judiciary to individuals when they commit crimes internal or of an international character, and then it can be transferred to the scope of the international judiciary in order to extract international rules from them based on the general trend in the criminal legislation of different countries

Legal arrangement for scientific promotions in Iraq (Evaluation Analytical Study)

Wafa Abdul-Fattah Al-Nuaimi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 79-107

The subject of scientific promotions is one of the renewed topics in the jurisprudence of administrative law, due to the multiplicity of legislations that dealt with this topic, and the diversity of provisions according to the educational and academic system adopted by each country separately, and considering the importance of this topic, we find that the Iraqi legislator issued many legislations that regulate the scientific promotion For the university service employee, including the Ministry of Higher Education and Scientific Research Law No. (40) for the year 1988 and the National Higher Education Law No. (25) for the year 2016, and the instructions for scientific promotions No. (167) for the year 2017, so our research tagged (The Legal Organization for Scientific Promotion in Iraq) cameTo shed light on the objective and procedural provisions of the scientific promotion, and try to evaluate the wrong jurisprudence that accompanied this topic and in a way that leads to keeping abreast of the scientific promotions of the developments taking place in the global collections and other other detailed provisions.

LOGICAL INCOHERENCE OF LEGAL REASONING

Safa Miteb Al-Khuzaie

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 90-114

We believe that the relationship of the science of logic to the law is the same as the relationship of the science of the fundamentals of Islamic jurisprudence in it as both sciences are considered automatic or servant sciences to other sciences, and one of the most important sciences that need the science of logic and the fundamentals of Islamic jurisprudence is the science of law. In spite of the importance of the science of logic, from which every human thought process can not be separated, we find this importance increases if the thinking process is related to the will of a legislator who sets a binding discourse for individuals. Therefore, legal studies have deliberately applied the science of logic in the law under the name of legal reasoning or Judicial logic, except that his ruling remains the same as the rule of the principles of Islamic jurisprudence, which did not find him real effectiveness in employing it in the field of law, and the reason is due to the failure to apply the general logical rules of ratifications, logical inference and logical arguments in the field of law, which made this application distorted until it led to The fall or decline of legal logic, and thus legal logic cannot be included under the issues of general or aristotelian logic, We will divide this research into two sections: As we will devote the first topic to the features of the relationship between law and logic, while in the second topic we will single it out to the loss of the real employment of logical rules.

TAKAFUL REINSURANCE (COMPARATIVE STUDY) QUOTED

Akram Mahmoud Hussein Al-Bado; sraa Abdul Hadi Muhammad Al-Dabbagh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 518-541

AL-Takaful insurance repetition became such important that takaful insurance companies can't give it up, since these companies would not arise or prosper without it. While closing insurance repetition might lead the insurance companies to bankruptcy and stop there activities. Hence came this study to enlighten all the troubles and deficiencies in AL-Takaful insurance in the best way , it illustrated the concept of takaful insurance repetition and its methods and configurations , and the necessity of insurance repetition for commercial insurance companies and its rules in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institutions account and review council considering not organizing the Iraq legislation any rules for AL-Takaful insurance or any suggested solutions for insurance repetition .

THE ROLE OF WOMEN IN BUILDING PEACE

Thamer Reda Ali; Azhar Abdullah Hassan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 406-425

Conflicts and ware always lead to the deterioration ofmost areas of lifte the suspension of development programs the displcemen of large numbers of civilians and because of the prevailing gender inequality women suffer more then men from the effects and wars and the prodlem is further complicated by the failure to give womens issues what they deserve from your attention to issues that they consider political leaders are more urgent such as reconstruction sharing of denefits and redishridution of power . This study aims to shed light on the role of women in building peace . It also provides an overview of the impact of conflicts on the status of women and the potential of women in building pease . this study indicates the real potential that women play for the sak of Building peace and engaging it in important decisions .

REPLACEMENT OF ABSTRACT RIGHTS A COMPARATIVE ANALYTICAL STUDY IN ISLAMIC JURISPRUDENCE AND IRAQI CIVIL LAW

Habib Idris Al-Mazouri; aysar Essam Daoud

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 1-53

Replacement is a process of exchange, in which each of the two exchanges gives in exchange for what the other party takes. And the replacement of abstract financial rights is through sale, rent and omission (assignment). The essence of these rights is jurisdiction, that is, it is a privilege that is restricted to its owner and not others. The abstract rights that have become to them in the contemporary custom of significant material benefit, and the custom has been replaced by them, are considered funds, and it is not permissible to violate them. The rights that we mentioned in the topic of the research are presented, for example; Because they vary with time and place, abstract rights may appear in the near future that were not known now.In order for it to be permissible for abstract financial rights, the following conditions must be met: * That the rights deprived of the rights of jurisdiction, and not a form of public permissibility. * That the abstract rights are exchangeable. * That abstract rights be fixed immediately. * That the abstract rights are money in which the commercial custom conducts the course of money. * That the abstract rights are inherently fixed for the owner, and were not proven to pay the damage only. * That the abstract rights are transferable from one person to another. * That the abstract rights are described, and do not require ambiguity or ignorance. * That the abstract rights are private rights, not from the rights of God (Glory be to Him). * That the compensation for abstract rights is legitimate, so that the replacement thereof does not result in falling into legal prohibitions such as usury and the like.If the rights in the abstract about the king or have begun to pay for the damage may not be Ea'tiad reported, as a right of pre-emption, though rights alone in the shop, which concerned or was proved, on the face of the land and the link shall be fixed to its owner authenticity may Ea'tiad them as a right-free (instead of Alsergvlah).

THE LEGAL NATURE OF CRIMINAL RECONCILIATION WITHIN THE FRAMEWORK OF IRAQI LEGISLATION

Rabah Sulaiman Khaleefh; Fatma Said Suwaied Rashid

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 2, Pages 235-254

This study deals with explaining the legal nature of criminal reconciliation as a procedural system that arises from a crime. Its purpose is to end the criminal lawsuit that gave rise to it, and to stop the legal procedures arising from that crime. Therefore, it acquires its importance within the framework of legislation and criminal justice, by reducing the burden of the judiciary, with the consequent termination of the general criminal lawsuit arising from the crime subject to reconciliation, through clear and simplified procedures that lead to speedy adjudication without the method of criminal procedures. In this regard, the problem of the study lies, through researching the legal nature of this procedure, especially in light of the ideas and visions presented in this context, in order to come up with a legal vision that is compatible with this procedural system. The researcher used the historical method in studying and extrapolating the legal principles and rules in order to establish them historically and philosophically, using the analytical method in order to analyze the texts, rules and opinions that have been deduced from the nature of this procedure One of the most important findings of this study was that the nature of criminal reconciliation does not deviate from the fact that it is a procedural system that is based only on the occasion of committing the crime with the aim of stopping the legal procedures arising from that crime, by ending the criminal lawsuit that has arisen from it, and that only by the agreement of its parties and in the cases that It is determined by the law, equally with or without compensation, as it is thus a procedural system that combines with it some characteristics of the contract along with some features and characteristics of the penalty.

THE CRIME OF CYBER ESPIONAGE WITHIN THE FRAME OF PROJECT OF IRAQI INFORMATIVE CRIME ACT OF 2011

Isra'a Y.Hadi al- Moulah; Usama A.al-Neemy

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 1, Pages 31-72

The crime of cyber espionage is one of the serious and continually developing crimes due to the access of an offender to a website, information system or information network to obtain electronic content that is not available to the public affecting national security, the external relations of the state or the national economy using modern methods that are difficult to detect, especially with the huge technological development. in all fields. This research highlights the extent of criminal protection provided by the Iraqi legislator for electronic content containing confidential information belonging to the State, and included in the draft law of information crimes of 2011 to address this crime as it is a crime against the security of the State that threatens its existence. Therefore, this research deals with two sections, the first section was devoted to the definition of electronic spyware, and the definition of espionage in general, and the definition of electronic espionage in particular, and the prevalent images of spy, in addition to distinguishing electronic espionage from what is suspected, In the second section we have explained the elements of the crime of cyber espionage and the penalty prescribed for it.

LEGAL REGULATION OF THE RIGHT OF A PUBLIC EMPLOYEE TO STRIKE

Kawa Y. Salim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 36 part 2, Pages 109-149

The Strike has turned into a negotiable social phenomenon, the clients of public utilities take it seriously in their consideration, and they should have a reaction toward these disorders that often come suddenly and causes financial loses and huge damages, there should be a peaceful resolutions to any disputes in order to guarantee the continuous of service by public utilities in the time of strike. The economic and the social balance regarded as the basis of the right to strike, where this balance is the basis of the determination of this right and the purpose for which it was decided, as well as that this balance is desired by the legislator in the field of labor relations, and there is a need to make balance among these considerations, if: (strike is a right against the right ), Ensuring the balance between the right and the public interest envisaged by the continuity of the public institution requires the proportionality between the violation of the right to strike and the protection of considerations of public interest.

REASONS FOR LEGAL CULTIVATION- A STUDY IN THE SCOPE OF PHILOSOPHY OF LAW

Mohammed S. Hasan; Kasim H. Resan

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 75-89

The jurisprudence in Iraq and Arab countries did not address the process or phenomenon of legal implantation study and analysis, as it deserves research, studies are very rare, if not in most aspects, contrary to existing studies in Western jurisprudence, so our determination to prepare a series Of legal research, which shed light on this important process, which affects the fate of peoples, and their various aspects. There are almost no legal systems in our world today that have not undergone legal transplants or processes from other systems. For various reasons, planting may be the result of direct colonialism by robbing the will of peoples, imposing laws that are incompatible with their cultures or even their religions, or through the transfer of experiences, by sending students of higher legal studies to the countries that export laws, or legal quality, or political alliances, by imposing certain conditions on the importing state of laws. Although the process or phenomenon of legal implantation is widespread, it is possible to rationalize and regulate this process and reduce its negative consequences by relying on its own capacities, not running with global interests and alliances, taking into account the national interest, and other measures mentioned in the research body

ECONOMIC ANALYSIS OF THE LAW AND ITS ROLE IN DETERMINING THE PENALTY FOR VIOLATING THE LEGAL RULE

shaimaa f.mohammed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 136-149

There is a strong and comprehensive relationship between the law and the economy beyond the axis of economic activities، as the effects of legal rules on various economic fields in the country prompted the jurisprudence to try to adapt the legal rules with the requirements of economic development، in order to obtain the maximum benefit and access to greater efficiency of legal rules and increase effectiveness. This efficiency can be achieved by applying the rule of maximizing benefits at the lowest cost to legal rules If the law punishes those who violate the legal rule and the economy means the optimal use of resources of limited scope، but it is not necessarily the law with the optimal use of those resources، here highlights the role of economic analysis through the use of the economy to know which legal sanctions more efficient than The application of tools and methods of economic analysis to the legal rules relating to criminal sanctions through the use of the cost-benefit relationship to evaluate such sanctions (the negative penalties for Freedom and financial sanctions)، greater economic efficiency through revenue and reduce expenditure development at one time the law grants In addition to the efficiency of financial sanctions in deterring those who violate the rule of law - some believe that money occupies an important position in people، so they are a strong deterrent to them from committing violations، the financial aspects of people are most likely to force them to abide by the rule of law - the adoption Financial sanctions An alternative punishment for short-term penalties for short-term freedom The state provides many of the expenses that are spent on penal institutions. Short-term penalties are imposed on large sums of money that burden the state budget in light of the growing financial deficit. E. Sanctions negatively affect the state's economy، while the state desperately needs to use these funds to solve more important and vital problems in other sectors such as health، education، etc ... At the same time، these sanctions can provide the state with substantial financial revenues.

LAW APPLICABLE TO INTERNATIONAL CONTRACTS DISPUTES

Azhar M. Lahmoud

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 179-201

International contracts have taken leading position in international relations and the main pillar of it. Some focused on studying international contracts to find suitable solutions for its resulting of special conflicts in the light of fast pace globalization in all its economic, social and legal dimensions, and to standardize a legal constrains that controls these international interactions and contributes in setting a new legal boundary in line with scientific and technological advancements on a global scale. The issue of law conflictions and diversity of legal arbitration in an international context is currently the main core of private law issue, which still posed as an ambiguity due to its mysterious rules and non-regulated articles, which lead to believe that its conflictions have caused further ambiguities. Law confliction researches is considered one of most precise international private law topic as its shown through diversity of curriculums and conflictions of solutions and its instability. International contracts create legal challenges with no stable solutions in the national legislations, for example: identifying the law to be applied in international contracts conflict.

THE PRINCIPLE OF THE RULE OF LAW AND ITS IMPACT ON FIGHTING CORRUPTION

Issa T.Khalaf

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue Issue المؤتمر الافتراضی الاول / الجزء الاول, Pages 187-217

It is impossible to talk about legislation or a body in itself that includes an integrated system to combat corruption in any country. Rather, there must be a legislative and institutional system based on a constitutional basis in accomplishing these tasks, as the phenomenon of corruption poses a great challenge in many societies because of its damages represented in increasing the cost of Public service, mismanagement, dissipation of its fairness, and wasting the principle of equal opportunities, which negatively affects the values of social justice and the political aspect as well as human rights.To combat this phenomenon, the United Nations Convention against Financial and Administrative Corruption was concluded at the international level in 2003, whereby this agreement represents a comprehensive strategy to combat corruption, as it depends on legislative and administrative mechanisms, and it works on a mechanism to keep up with implementation and works on a type of judicial cooperation between the states parties The fact that fighting corruption is no longer a national matter, but international efforts must also be required and also requires strong political will backed by popular will, which includes building a counter system that promotes the values and principles of integrity, transparency and accountability through a comprehensive preventive strategy in which all parties in Iraqi society participate, as it is a necessity to move from Postponing serious work in combating corruption within an open framework within which all official and popular efforts and civil society institutions come together, and broad powers have been granted in order to achieve their goals, the most dangerous of which are criminal characteristics that relate to conducting investigations into crimes of government corruption.

State in Marriage (Comparative study between Islamic law and law)

Nashwan .Z.Sleman

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 2, Pages 398-446

Guardianship is one of the matters found to seceure woman’s rights and dignity rather than to be in control of her or humiliate her after she has been keep away from men’s gatherings and privacy the purpose of which is known by the legislature, since a woman’s mingling with men’s gatherings leads to loss of her dignity and her degradation . Therefore‚ guardianship is imposed on her to protect her from what harms her or her feeling .though it was knoun to Arabs before the coming of Islam‚ Islamic law and then some legislators of personal status law regulated guardianship and changed it from a guardianship of despotism seeking to be in control of a woman and her desting in that she is deprived of being married to whom she is suitable to a guardianship of recommendation and desirability for her aftaer that Islam protects her and gives her the status she deserves and forbids the suitable to save in narrow limits for her interest .Moreover‚ it permits her ro resort to the sultan as called by muslim jurists or judge as called by law-makers to do justice with her and the sultan or judge himself undertakes the task of marrying her