Volume 4, Issue 12 part 2, Winter 2015, Page 1-432


Domain Private security contractors in contract

Ibrahim . A .Fathy ALhayany; Amer .A. Abd alla

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 1-66

abstract
The scope of private security contractors in contract

We address our search private security scale in the contract and recent developments on this scale in terms of contract subject of the contract and people who bear the responsibility arising from the breach of obligations arising out of this contract, as well as in terms of the warranty period of the ten-year warranty, which can be relatively long and would prevent the contractor from events other buildings until after the warranty.

The store in the contract exit

ysra .w.Ibrahim; Ahmed .M.Sdek

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 67-102

Abstract

Dissociation contract is considered one of the contracts that regulates an important aspect of human activity represented by the heir's disposal with his share of the inheritance. It is regarded as a contract that transfers the ownership between the heirs and this subject was not dealt enough in the scope of legal researches in the civil law. Most of the legal studies focused on the personal affairs aspect in this subject and many specialists in the Civil Law especially the persons specialized in Iraqi Civil Law, leaving the subject to the personal affairs law and its commentators. The contract of الdissociation is one of the vital contracts which the comparative law took into consideration such as the Emirate Law civil transactions, the civil law in Jordan and the Sudanese civil transactions law (which are the subject of our comparative study), because it related to an important aspect of the individuals' acts of disposal, which is الdissociation and the disposal with this right by the heirs so that either additional properties to one or more of the heirs. In spite of the importance and the common use of this contract in the reality, the Iraqi legislator did not deal with it in the civil law No. (4) for the year (1951) or in the law of personal affairs No. (188) in 1959 and it was only dealt with in certain texts in the real estate registration law No. (43) in 1971 (modified). The dissociation is defined according to the dominant opinions of the Islamic Fiqh as the agreement between the heirs to exclude some of them from the inheritance in return of something agreed upon.
. There is a particularity for the place in the contract of the cession as he should be nominated specifically with awareness with the contents of the share. So, the place has general conditions that were mentioned in the laws and specific conditions mentioned by the Islamic Fiqh with the optimum objective to avoid the usury. For the dissociation contract to be legal in terms of including the specific conditions several consequences.

Basic constitutional guarantees for the independence of the judiciary In federal systems

Karwan .A. Brehary

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 103-140

Abstract

This research includes judicial oversight in federal countries that took them, have proved to be effective and large efficiency in the protection of the federal state system, ensuring the control accuracy application Distributed terms of reference between the branches of power at the federal level, as well as between the federal government their authorities and between States -aloqalim- in the Constitution Fed, in addition to its substantial role in the protection of the rights and freedoms of abuse by federal laws, or state laws, and judicial control in the federal states have proven to be always one of the leading solutions to ensure the sovereignty of the Federal Constitution, especially in those countries where arises Find ways Legal to ensure to ensure the subordination of the various state authorities, including the legislature to the rules of the Constitution and its limits, but on the condition that the constitutional document to eliminate the constitutional role can be granted in the scope and guarantees that the result is important and dangerous role assigned to it.

General amnesty and laws issued Of the Kurdistan Parliament at stake

Tafka .A.ALBustany; Tark .S.Tardy

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 141-175

Abstract
As a general amnesty removes criminal character of the act, it is as a waiver of the social body all her rights before the perpetrator and forget about his crime and give him a chance to return to the community once again in order to repair.
A general amnesty expressed whereby the community and through the legislative authority to waive his right to punish the perpetrators of the crime or crimes for reasons specific appreciates that power is for this reason it clear that only the law as the only viable tool to express the will of the community.
Given the importance of the general amnesty the legislator Kurdistan issuing bills are about the length of the machined first is Law No. (4) of 2007 and the second Law No. (2) for the year 2012 which benefited them a large number of convicts and detainees in the whole province of Kurdistan, which was the reason for our choice of this topic with the aim of Recognition of these laws through the display, analysis and knowledge of the crimes covered.
All this in two sections we have given in the first section a general idea of a general amnesty and that defined him wisdom and its properties and competent authority and its effects, and finally compared with the pardon in four demands. The second topic was the presentation of the laws issued by the Kurdistan Parliament in connection with a general amnesty in two, dealt demands in the first requirement of the Law No. (4) for the year 2007 and the second requirement discussed Law No. (2) for the year 2012.
The finale was a presentation of the most important thing we came to in a general amnesty and laws passed by the Parliament of Kurdistan hand.

The formal justification for the refusal to accept the evidence before the International Court of Justice

Naef .A.Dahy

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 176-215

The Formal Justification for The Refusal to Accept The Evidence Before The International Court of Justice
We had, in this research, the justifications formalism for the refusal to accept the evidence before the International Court of Justice, where divided by the two sections: the first consisted to explain how or mechanism to present evidence during the two phases of the written and oral proceedings, while the second section, handled the formal reasons for the refusal to accept the evidence, and of: reject admission of evidence to be submitted after the expiration of deadlines, or are presented in a manner contrary to the procedures in this regard.
In Conclusion Mentioned results in our findings in this research, mostnotably, the International Court of Justice did not refuse to accept certain evidencepresented by the parties befo resuch evidence had not been presented from one of the parties, in badfaith, in order to miss an opportunity to the other party to have access to this directory and respond to it adequately, or this Court held that this guide will beuseful in establishing the truthwith respect to the matters in dispute.
The most important recommendations that we have mentioned in the conclusion, is to define the justifications formalism and objectivity in the Rules of Procedure of the International Court of Justice, for a few, because these justifications represent exceptions to the general rule prevailing before the International Court of Justice, and the international judiciary in general, and which requires the parties' freedom in the use of all types of possible evidence to prove their claims.

The problem of the federal experiment in Iraq

Majed .N.Aedan; Hassam.SH.Amen

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 216-257

Abstract

Did not witness any Constitution issue or Iraqi political that controversy broad and exciting and continuous, as witnessed by the issue of entitlement federal and its practical applications, since the occupations of Iraq In 2003 and topple the dictatorial regime in which, a regime that relied too much on the central state's strict strengthen his regime, and perhaps the introduction of a federal democratic is an almost certain guarantee against the return of the curriculum in the dictatorial rule, and led to the establishment of a free society is justice and unity, and this was confirmed by the Iraqi Constitution of 2005 in its preamble.
But the federal experiment in Iraq has not been successful so far, because of the many obstacles they faced and that prevented. The application of federal as stipulated by the Constitution, this is what we will look to in this research, which divided it into two sections, we dealt with the topic first definition of federalism, and it characteristics, and methods of its inception, engineering, political federalism, types and underlying principles, and the second section we dealt the obstacles that faced and still faces federal in Iraq, like Constitutional and legal disincentives, and political challenges, and the problem of the distribution of competence, then concluded research conclusion included several conclusions and recommendations.

Review sentences without remedies - A comparative study -

Ahmed S. Mohammed Yasin al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 258-302

There is no doubt that the judicial ruling is a desired goal for each of the parties to the case despite the differences in their goals and interests opposed to where each party is trying to persuade the court that he deserving of care and judicial protection of the other until the verdict in his favor.
The ruling is a judicial decision issued by the court in the litigation as determined by the law of the provisions of this decision, whether issued at the end of the litigation, or when it was traveling, and whether it is issued on the subject of the litigation or on procedural matters.
The judge decided when a particular issue and where it separates so exhausted governing authority vested in him on that matter, he may not turn away from what it spent, or to reconsider previously the chapter if the rule invalid.
The court issued its ruling if they lose their authority and can not be amended or whether the ruling of the amended rule whether Amendment ruling by deletion or addition of it to him
However, the judge tainted may issue a ruling certain mistakes or a certain ambiguity, it has been overlooked sometimes chapter in some applications before it at the sentencing, and must therefore remove those cases, which makes it imperative to go out legislator on the basis of exhaustion and permitting the court that rendered the judgment to remove those mistakes as I really appreciate the courts through the review of non-challenged which will create and establish a system of legal and stability to reach a fair judiciary soon, The latter does not only if confidence in the provisions were available, so I started from this particular principle of review sentences without challenged the system.

Iraqi political elites and their role in the civil peace

Rashed Amarh

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 303-344

Abstract
The peace of the Iraqi Al-Ahli, can not be stabilized in the event of the continuation of the current Iraqi political elites policy, because some of them ineligible, and the other is able to do exercise, and a third capable and qualified, but does not allow them to operate in order to achieve peace a real native. The dominant elites seek to the imposition of civil peace (peace is real), has been proven by experience over the past decade the failure of these political elites in the achievement of civil peace, that the best option to achieve civil peace Iraqi done through elites cycle to replace the elites incapable new Bnkhb able to take responsibility, and something like this can not be to be foreseeable future, because the existing elites dominate the political actors in Iraq and that the process of replacing needs time may exceed decade, the peace of the Iraqi National remains risky, and will remain this peace and placebo and non-real because it was not built on the basis of sound, and will be subjected to collapse from time to time because it is based on peace force and coercion.

United States ... and the Iranian nuclear program Accounts and positions

Azhar .A.Hassan Alhealy

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 12 part 2, Pages 345-432

Back Iran's interest in building a nuclear energy program for peaceful purposes to the days of the Shah, who carried out a number of projects for the construction of a series of nuclear power plants, with the blessing of public US and Britain for Iran to become a regional powers allied to the West in the region, despite the suspension of the work on the eve of the Iranian revolution in 1979, considering that weapons of mass destruction are contrary to Islamic principles, but that the Islamic Republic has returned to care for him the day after the end of the Iraq war - Iran bearing ambitious and long-term program, giving the fundamental reason for this is to reach self-sufficiency in energy, and during the process of Iran's nuclear program has been able to attract some of the countries that did not hesitate to support it, including Russia, China, Pakistan, Germany, France and others, to testify Iran's nuclear work a new start and up to a very complex stages for all parties, whether pressing ones like the United States of America and the International Atomic Energy Agency, or intermediate as states of the European Union or those under pressure (Iran), so that the basic problem does not lie in nuclear technology, but in the revolutionary behavior of Iran the ambitions that run counter to the interests of its neighbors, especially in general and the West, while the United States is seeking to prevent Iran from acquiring a full nuclear cycle by turning the process or enrichment stage whether Iran has so voluntarily through political and diplomatic or forced roads through the Security Council and the military solution, we find look at these international attempts as a denial of the right to possess the technology and water meant keeping them belonging which make them determined to possess this ability to achieve the stature and influence required at the regional level, and here stems rejection of solutions posed by European mediators although not conclusively clarified and is subject to interpretation, the real purpose behind the pursuit of such a force.
Although the United States has dealt with the nuclear issue passively through use of containment and sanctions methods as a tool to curb its nuclear ambitions from the premise that the fundamental problem is not nuclear weapons per se as they relate to the regulations specific system of government in Iran in the end is not such as the regime in Britain or China, we find that the Iran issue was considered an inalienable right to it under the nuclear Non-Proliferation Treaty, and as a means to expand the sources of energy, and modern technology necessary to join up with the developed countries practice.
Upon the issue of conflict and dialogue that revolves around Iran's nuclear program for several years and that carry signals about the prospects for the battle to resolve about the file by military force is found quickly stop at the end and the threat hint which Tucked available data, on the one hand the US failure in achieving the goals desired from the war on "terrorism" in addition to the predicament in Iraq and Afghanistan, on the other hand knows Iran is increasingly the "edge of the abyss" policy adopted in recent times, which is now threatening to fall into the abyss really special dimensions entered the conflict on a difficult stage, and foresaw that what was possible in the earlier stages may not be safe consequences after he moved to the conflict to more complex than simple maneuver stages, given the multiplicity of parties to the conflict, diversity and conflict of interests and Harm is not in line with the maneuver of one nature, by the issue of a settlement with Iran or change its behavior this is still not clear so far as long as it is still insisting that its nuclear program is taken seriously and speed in achieving the status of a nuclear reflect this scenario is likely to depend on Iran achieve the ultimate clear position on this issue.