12 part 1


Liability arising from electronic irregularity

Nawaf .H. Khalid

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 1-47

Abstract


The damage resulting from irregularity-mail as a result of grabbing the data of computer data, information and funds or assets for the money, the most important and most serious damage that can be located through the use of computers, so it should be looking at the pictures unlawfully seized mail that can be located using the computer, because these images is still controversial jurisprudential, and the other side has to be a statement of the adequacy of the traditional rules to cope with this damage if it falls on those data, it divide this research into two sections address on the first images irregularity-mail, and the second address in which the subject of liability arising from the irregularity-mail to the provisions of the traditional rules

Legal aid and procedural provisions in laws A comparative study

Firat. R.Amen aljaf

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 48-101

Abstract
Entitled judicial management I want him ease the burden of litigation for people who are unable to afford legal fees, if they lead to the strengthening of the rule of law and approval rights and championing the truth and achieving justice through equal opportunities for citizens there can discount that is able to raise the case at his opponent, who is unable to pay the fee legally required, but impotent can also be lifted and walk in them and the completion of the procedures of the hearing until the verdict and communicated and challenged when appropriate legal means and conduct executed without him pay the fees and expenses prescribed by law or by the court and that a temporary basis.
Appendix Justice is the basis of good governance, it is our duty Assignment between him and asked him if he is poor he cannot pay the legal fees and that the law is much like the Laws of new provisions that allow the poor to be relieved demanding temporarily from judicial fees performance for the case that he wants to initiate the action or appeal that wants to provide in the judgment of the verdicts.

Judicial assignment within the scope of international relations

Halo.M.Salh abd alsamd

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 102-148

Summary
Known that the legislator through controls jurisdiction shows the competent court to consider the particular dispute, but it may determine, in some cases, more than specialty officer so as to provide an opportunity for parties to the conflict in the selection of a particular court Among held her jurisdiction courts, and so on as provided for in Article ( 37) from the Iraqi Procedures Act in force, and which requires competence in debt claims or transferred to the number of courts, he can count the plaintiff to establish the case in the home of the defendant's court or his business center or place of execution or shop chosen by the parties to the case was filed, this does not mean that the law authorized the establishment of a lawsuit one in front of more than a court, where the law does not permit the establishment of a single suit in front of the two Tribunals, if lifting people suit one in front of the two Tribunals shall Champions petition proceedings before the Federal Court, and as stipulated in the first paragraph of Article 76 of the Code of Procedure, where the This payment is recognized in the scope of purely national relations.
This is the case in light of the domestic law of any national anxious Pure, while if we came to own international disputes and applying them international civil proceedings If the national courts competent into conflict raise it this conflict had before other foreign court held its jurisdiction application of rules, in this Find tried to answer the question as to whether the national courts accept payment judicial referral arises in front by the defendant to the above suit in front of other foreign court analogy to what is prescribed in the domestic law or not accept this payment. But he and the result of the lack of adoption of national legal systems of the States legal system or the legal regulation to solve the problem of judicial assignment within the scope of private international law, grew up differences and conflict between the views of scholars, as well as different judicial rulings, and varied legislation in the give and accept judicial assignment within the scope of international relations or rejection of her and not be applied to disputes arising therefrom. Where the first two-way direction of rejecting the traditional judicial referral and the second trend appeared pro to take judicial reference in the scope of international relations, and for each direction of the arguments in favor of his mind. , But it is through the presentation of views Faqih shows the importance and even the necessity of taking judicial referral within the scope of international relations, has supported many of the recent legislation trend idiosyncratic modern pro-taking judicial assignment, either for the Iraqi lawmaker did not provide for the taking of judicial referral within the scope of international relations We tried to urge the Iraqi legislature to walk on modern legislation approach in taking judicial assignment within the scope of international relations.

The expiration of the executive power of the Editors

Amar.S.Hamd almshadany; Marwa.K.Abrahim

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 149-204

Abstract

Implementation depends to carry out his duties, among other things, to be, however, the creditor executive editor Sticky the right claimed Delighting executive power, power is the executive editors are only the impact of procedural Editor recognized by law, and through it could Editor employer from requiring a hard right to the executive editor, as that the executive power and the characteristics of the elements characterized by, and distinguishes it from other systems and legal ideas that can converge with them at some points.
It is understood that give the executive power of the editor depends on the type of direction that takes the law who cares process requiring rights, it is the laws of taking the narrow direction does not recognize the executive force, but judicial decisions, and laws to recognize the executive force official of the bonds as well as provisions, including the Egyptian and French law , while other laws have tended to give the executive power of the Executive Editors all provisions, whether judicial or official or ordinary bonds after that special conditions are available in all of them, and this trend is the Iraqi and Syrian laws.

The elapse of muslim woman marriage in nonIslamic countries , between shariaa and law

Sahib .J. Ajaj

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 205-239

Abstract
Thanks to Allah that is praise good deeds prayer and peace be upon our prophet Muhammad is the right envoy ( peace be upon him ) and his family and companions Who enlighten the path of guidance ,
After the presentation of these Views and laws , either by Shariah scholars or jurists , we find it is appropriate to Supply the most important results that have been reached and praying to the Almighty that we have been sacksful in the narrative and highlight the needs of Muslims , both those who lived in Islamic or in non Islamic countries never the less but they considered his home and country .
1-That Shariah law should be applied in all areas of its territory , it is regional in its laws as a result of dividing it into Dar harib and Dar Islam .
2- Muslim judge should be assigned to resolve disputes among Muslims , and must be eligible .
3- Divorce considered the main factor of the collapse of the society and disintegration of the family , its effects are beyond the children who are the nucleus of society , but it is legislated to lift the injustice of couples who Keep the martial relationship
4- In Islamic law , the person who decides between Muslims in disputes , the Muslim judge , because judicatory is a kind of rule , and there is no rule on Muslim by the infidel .
5- Resorting to non Muslim judge for Muslim's who live in non-Muslim countries is something inevitable , and that after returning to the holder of Islamic Shariah in that country to Consider the matter and then put it between the hands of non-Muslim judge to demand what the lawmaker shows and cling to it .
6- the Muslim judge must judge by his law , whether the disputed parties , Muslims or non Muslim's , because Allah ordered saying "and in no way how we sent you except as a constant bearer of good tiding and constant warner to the whole of mankind , but most of mankind do not know " Saba" .
7- we Count make the non-Muslim judge to judge the Muslims by Islamic shariah , because he judges by positive law , which he knows in his country , this causes no harmful to Islamic society .
8- In order not be a conflict between laws , the Muslim judge must rule by Islamic law , even if the disputed parties are not Muslims and they accept to raise charges and they know that he judges according to his law , so the Muslim judge should not judge by positive law .
9- the attribution of rules known by shariah since old ages , according to statute , religion is the base , while in positive laws the nationality and home land .
10- The measure of new events over other one to get the same judgment is something inevitable.
11- The Criterion of attribution when attributing to the law which must be applied in Islamic shariah , is religion , but the Controller in law is nationality and homeland.

Disciplinary System of the Military Employee

Sadam.A.Hady

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 240-278

Military discipline system is very important to help protect Iraqi Army standing especially recently. Absence of Military Service Law, forming a new army with all different unites, joining new unqualified commanders to this army who didn't use to be officers, all that resulted increasing of violations by the military service member (no matter what is his position with the army), whether if he is a soldier or an officer they all called Military Service Employees.
So for the specialty of military service as a service to the country beside being a civic service, and as sanctified service to the flag, and since the legislator writes special laws for it, we don't see in the libraries studies about this
subject which makes the issue harder.
Increasing of violations in military entities widely in new Iraqi Army needs solutions in legal frames, to give the opportunity to the stake holders to treat these violations by law, to achieve justice, and return military service concept as it was, because it's the most important element of the country (especially in third world).

Financial and economic policy and its impact on the security situation the causes and remedies

Saad.A.Hamad almosa

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 279-312

It is no secret, "the one in today's world, the impact of the financial and economic policies adopted by the government to save the country and bail him out from the edge of the abyss and swamp corrupt as we have found in the political factor by Aldan power in the financial and economic process, directing the best way to connect to the purpose for which throws the legislature and the Governor and citizen living in her dependents.
The reasons that help the economy distort the process is no doubt promise good companion and assistant to the spread of activities of non-regular economy Rising unemployment and increase the level of tax burden in an exaggerated manner are among the reasons for distorting the economy, and is the economy is regular as the ticking bomb explosive because of the serious and devastating economic effects the economic cycle in the national economy.
In this context, we found in the adoption of financial and economic policy is based on the advancement of society on the one hand and the concern for the family on the other hand, the best support in the events of the desired change and which seeks to find solutions and treatments for all problems. From this perspective, and given the "what, in Iraq today discussed in this study the rules and practices by which they can promote that this generous country, and so we have proposed in this study crystallization thought we saw through the right way for the advancement of the country to safety.

Proof in criminal misuse of mobile phone crimes

Amal.F.Abd kshan; Ahmad.H.Allh

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 313-369

Abstract
There is no doubt that science fact crime and details of the case are accessible by means of proof established and legally admissible "The means of proof or evidence in the general criminal range" and related to the misuse of mobile phone crimes of which there are many on the face of customization such as the certificate, experience and recognition, as well as contemporary evidence that newly found " and he arrived science and relied on techniques and progress of scientific research.
That our research aims to identify the most important contemporary evidence that appeared in Life and occupied the place, "whatever" in the investigation and the proof is still in the expansion because of scientific progress and technological development and the very least is the emergence of the mobile phone, so we will try in our present stand on the issue of criminal evidence in abuse crimes mobile phone.

The extent of the jurisdiction of the provincial non-performing province to impose taxes and fees specialized legal in the legal system in iraq

Raad.N.Ahmad

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 370-427

Summary

The change has infected the political system of the Iraqi state in 2003 was reflected in the regime of administrative as Iraq's transition from a simple state to federal, state and granted provincial powers and wide were not owned by this date, appeared on the effect of the problem was the extent of what is owned by the provincial non-performing the territory of the right in imposition of taxes and fees. As the Iraqi state Transitional Administrative Law of 2004 and the Constitution in force for the year 2005 has been demanding to impose taxes and fees age law provides them was the dispute revolves around Can the provinces to enact laws or not.
This was the subject matter of a long discussion we have pointed out in the course of discussion, whether on the level of jurisprudence or in surveys of the judiciary during the views put forward by the Council of State or the Federal Supreme Court, which some of this right hands while others opposed it. And the central government in ever-not all that stand in front of the right to claim all the provinces to impose taxes and fees.
And the end of all this we see that the provinces have under the current constitution and federal laws issued in which the right to impose taxes and fees, while it does not have under the law of the Iraqi state, the Transitional Administration.

The impact of the criminal judgment Terminator functional relationship in the Iraqi discipline laws

Mahdy.H.Mahdy alzhery

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 428-459

Abstract
The impact of the criminal judgment Terminator functional relationship of great significance lies in the place occupied by the subject of public office between administrative law topics. Public office is used is the pot of public authority and the state does not equal worth llama public servant because he headed thinker and helped mastermind and was treated by her mirror port and expressive sees people of the state through it. This on the one hand and on the other hand, has abounded in practical life situations end functional relationship to the employee as a result of criminal sentencing. The consequent effect of the criminal judgment Terminator employment relationship under the provisions contained in the criminal laws or in the recruitment and discipline laws .fbmguetdy Iraqi Penal Code expires functional relationship and Juba for the period from the day of the judgment until the time of execution in the state of governance on the employee to death, and on the judgment until the evacuation order sentenced in the case of life imprisonment or temporary and that punishment Tenbaah impose the rule of law without the need for text in the decision of the referee. The passport for a period not exceeding two years from the date of the end of the execution of the sentence, or from the date of expiry on the state of governance on the employee to life imprisonment or imprisonment for a term or temporary over a year and that punishment must be complementary to the implementation of the right of an employee of the text in the ruling explicitly.

Terms of reference of the CMC and its impact on public opinion iraq model

Hsham.J.Kmal

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 460-493

Abstract
CMC function as broadcasting and licensing of satellite channels in Iraq and monitor the audio-visual and visual activities as an independent regulatory body to work within the field of information and communication on legal and technical grounds.
And that public opinion differs from the political system to another, as the impact of the days of crisis and emergency for other conditions differ in normal days Thus, for each case and each circumstance appropriate influential suit and commensurate with, and wrote of democratic government is keen nature to provide a lot of opportunities and open the largest number of areas by which the individual and the community to participate in the resolution of the decision-making process, and take the means of communication and media many recreational, cultural and political functions and other functions, and this led to the necessity of organizing this media aspects and means of communication to ensure the legality of their use within the specified criteria constitutionally shown its impact on public opinion .

The Role of Intellectual Security in chive The Social Peace

Salah.H.Ahmed

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 494-550

Abstract

Intellectual security and its active role to achieve the social peace get very interest from all states and government ,in the post-cold war period ,and existence of uni- polar in international arena. The reason of this great interest came due to spread of violence phenomenon with all its forms in some societies, which became danger threats the civil peace and internal stability in it and in the same time its national unity exposed to many dangers, and on more aspect many events confirmed to face the extremist doctrine and strict method which believes in violence as way to achieve its aims . Can not be faced by force only but there are other ways which give positive results to face this problem. This can describe in dry out its sources through opening debate channels with the groups which it, and adopt way of content with them, for the sake of reaching to common acceptance and follow the policy of lasting development especially in neglected areas and adopt citizenship doctrine and guaranty Ituman Rights to implant the democratic principles

Ideological, military force in American strategic thinking and modern applications

Abd alkhalk.sh.mohammad

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 1, Pages 551-599

Abstract

Ideological Ration Of Military Force in an American Strategic Thought and its Modern Applications
This research tries to study the military force in an American strategic thought, though putting this force within group framework of security and military strategies, the use of this force related to the challenges which faces the American society, since foundation till now, which led to give preference the way or the military mean upon other means in American foreign policy within the frame work of as relations with international society.