15 part 2


Conflict of jurisdiction in the Iraqi military justice

Yaser.M.Abdallah; Mohamed.A.Hamody; SHahen.A.Abass

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 524-551

Abstract
There is no doubt that military jurisdiction contend has its own concept and distinctive nature and is not just the someone, but it is on kinds like qualitative, personal and spatial, and in the nature of reality will accompany the jurisdiction of this type eliminate overlap and conflicts among the military courts themselves or between them and the regular criminal courts, and this conflict comes in tow forms : positive and negative from . their for must find appropriate solutions to the aforementioned things in order to get close to a serious effort in the end justice possible .

The role of international custom to modify international treaties Study in light of the provisions of international law

Mohammed.K.Braa

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 552-599

Abstract
The Role of international tradition in changing the international pacts
A study in the light of rules of international law . this paper indicates to the contrastive problem between the common international traditional and the international written law . the actual practice emphasized the applicability of this contrast the thing that makes it a necessity to solve to solve this contrast . it is necessity to identify the range and concept of the ( Adjusted tradition ) of the international pacts to solve the contrast . this can be done in terms of specifying the range and scope of the international tradition of the international law . it must specify the validity of the adjusted international pact by the international tradition and find away to specify the legal applicability for international tradition of the international pact . it also aims at specifying a specific means to specify the meaning of contrast and transgression between the two concepts find clear rules and specifications to solve the contrast between the international tradition and international pact to improve this , we will use the international and judicial applications to show the intended goods and the objective aspects of this subject .

The crime of recruiting children in armed conflict ( A comparative study )

Nozad.A.Yassen

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 600-645

Abstract

exposed a child who has not attained the age of eighteen, by virtue of their circumstances and the modern age and the tenderness of their promises to the risk of recruiting more than others in places of conflict by militias or countries, and this is not new it has involved children from previous centuries in military campaigns as soldiers or drummers drums of war in yards wars in Europe, and in the Second World War for children was a role in the resistance in Europe movements and subjected to campaigns deportation after being arrested or detained in the camps, but the years following the Second World War was marked by the emergence of methods of conflict where the armies facing armed groups and guerrilla warfare and conflict ethnic or even of the same race, civilians and mingled with combatants and it is common to see children, even very young of them, in the fields of fighting heavily armed and ready for use in various images, is the problem of recruitment or use of children in military operations have become a global phenomenon, as there are suicide bombers Children In many countries, as we have observed in Iraq by Daash For example, the children are working as members of the armed gangs in Colombia and fighters without the tenth in Afghanistan, Sudan, when what has been the recruitment of children or the adoption of their involvement in the fighting, the training being in a manner designed to break the links with their families and their communities and change moral values, all under the pretext of "teaching them how to fight." Many of these children are forced to participate in the murder of their family members in order to "learn the skin, cruelty and become tough fighters" by their leaders claimed on.








Although not possible to count the number of child soldiers in armed conflicts around the world, it is the countries accused of committing the most serious crime against all of humanity, to kill her for the childhood dreams in the bud and buried in the tombs of armed conflict; therefore it has become the phenomenon of recruitment of child soldiers in signed armed conflicts large in the hearts of humanitarian workers, including legal in recent years, especially after the increasing number of child soldiers in the ranks of the government armed forces or militias and armed groups opposed to the state, as children are recruited in many ways, they hate the recruitment or recruited by recruiting battalions or kidnapped or may be forced to join armed groups to defend their families, and often arbitrarily children are picked up from the streets or schools or shelters for orphans recruited institutions. There are those who volunteer as a result of brainwashing campaigns carried out by the officials to them.
And varied jobs churning out to children during their recruitment or presence with the armed forces, they may be porters, spies, cooks, and ultimately end up on the front lines of the fighting or to blow up the mine fields, and children are often the soldiers harsh sanctions by their leaders if they are inattentive or have defaulted in the performance of their duties or fail to military exercises or for not obeying orders or to surrender to their childhood and their quest for fun and play or to escape from their teams or armed their communities, have children become savages because of the violence that associates it without the will or perception which makes them war criminals, actually has been proven not to be limited recruitment to males only, but there are many females recruited and Icherkn in the fighting or to serve the soldiers, often using for cooking and sexual services, this is the recruitment of children from the worst forms of child labor in spite of many of the governments failure to recognize this fact, It is also given the hazardous nature of this work which is harmful to young children's health and threaten their safety and affect their morale.
May we act in our present analytical methodology compared, through texts and conventions and agreements that came with this particular analysis, it was compared with other laws.
As for the research plan we have been divided by the two sections, as we discussed in the first section in the nature of the crime of recruitment of children in armed conflicts and in the two demands. In the first we discussed the concept and the reasons, but in the second section has touched research to prevent the recruitment of children in armed conflict and in the two demands, in I looked at the first legal evidence to prevent the recruitment of children in armed conflict, and in the second dealt with the realism of evidence to prevent the recruitment of children in armed conflict, and Khtmanha conclusion shows the most important conclusions and recommendations that we reached through our research.

The evolution of the Administrative Court control over administrative decisions in the light of the Fifth Amendment to the law of the State Consultative Council No. (17) for the year 2013

Sami.H.Najem ALhmadany; Hussein.Talal.Alazawy

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 646-689

Abstract

To exercise administrative authority activity administrative, it is incumbent upon the issuance of many different administrative decisions, which can in which to organize matters entrusted to it whether these decisions were individual administrative decisions or were administrative decisions of regulatory and prepares these decisions a dangerous weapon, however, administrative authority because of its of the force of law, which may expose Yeh rights and freedoms of individuals at risk, which requires the availability of collateral at the resort administration to issue such a decisions, and perhaps the most guarantee effectiveness in this regard is the judicial oversight, specifically Administrative Court control over those decisions due to the characteristic of such control of effectiveness in this regard.

The importance of social networking sites as a source of information about political corruption cases

Maad.A.Ali; Daham.A.Hussen

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 690-746

he importance of social networking sites as a source of information about political corruption cases

Targeted research to examine the role of social networking sites is to provide the public with information about the political corruption cases by conducting a survey on the audience the city of Kirkuk, where the researcher was based on hypotheses derived from seeking information theory. As objective of this research to detect the rate and size of the exposed members of the public to social networking sites, and trying to Access to the reasons and motives exposed members of the public to social networking sites, and to identify the extent of their trust in the information they receive through social networking sites, and knowing the order of social networking sites in terms of the degree of adoption of the members of the public in access to information, and to identify demographic variables relationship searching for information through social networking sites.
This is the search of descriptive research in terms of type researcher has used the survey method to reach the goals that the researcher seeks to achieve has been used screening method which is one of the most curricula in line with our search requirements, which focuses on reaching the data and information pertaining to the target audience on the phenomenon in question . Researcher questionnaire was distributed among a random sample of (350) single audience of the city of Kirkuk, who represent the research community. Research has concluded a set of results including:
1. The data suggest that the answers of respondents about the extent of their exposure to network communication that more than half the sample Acharo that they are subjected to social communication sites permanently.
2. answers respondents explained the reasons for their vulnerability to social networking sites to know the political and social events, and access to the scandals of political and administrative corruption solution first prize of the respondents answers beyond the main reason for their exposure to the social networking site.
3. The data indicate that the administrative and financial corruption cases have topped the issues and topics that respondents watched through social communication sites.
4. The results showed that the politicians and party leaders and ministers have helped to spearhead the list of characters that referred to corruption in social networking sites from the perspective of the respondents.
5. answers respondents showed that social networking sites is an important source for the information.
6. about the extent of public confidence in the information provided by the social networking sites made it clear answers to the respondents, that half of the respondents indicated that they trust greatly information acquired through social networking sites.
7. answers respondents showed that networking sites significantly contribute to providing them with information about corruption cases.
8. research data suggest that Facebook may be resolved in the first place among social networking sites relied on by respondents as a source for information related to issues of corruption.
9. concluded Pferod results of research to prove the health of all the hypotheses developed by the researcher in the framework of seeking information theory, except the third hypothesis that there was a statistically significant relationship between gender and the sites upon which respondents permanently for information.

Indirect Foreign Investment in Iraqi Stock Market (compartive study)

Samira.A.Mustafa

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 747-817

Abstract
Theimportance of stock markets shows in the process of economic development as one of the important mechanisms for pooling together of public and private saving, and directing them into various channels of investments. Insofar as the process of economic development in any country requires pooled capital funds, it will be unimaginable to achieve the desired developmental rates in the absence of capital. Therefore, the stock markets gives impetus to the process of economic development and the process of economic growth. The stocks are traded in the market in the form of loans by means of bonds, in forms of ownership rights, or in the form of stocks or other transferrable stock. So the stock market is regarded as a center of concentration and aggregation of capital, then transferred to a long or short-term investments in shares and bonds
This research highlight the Iraqi legislators’ attitude in regard to allowing the foreign investor (company and individual) to invest in the indirect stock markets and particularly in shares, in other words, in regard to allow him to register in the stock market especially in the exchange stock market, in the sub- market and then accord him the right to trading [in restricted equity] (selling and buying) with the stock, and we reached many conclusions and suggestions in the hope that we can resolve these issues completely

Sale of goods by seasonal liquidation ( A comparative study )

Afrah.A.Kalel; Bashra.K.turki

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 818-867

Abstract

Selling goods by seasonal clearance is considered one of the merchandized sale directed to the consumers to which the shop owners resort at the end of every season for attracting the consumers to buy their goods through clearance sale by advertising areal price cut.
Most of the states organizing such atype of sal whether through its commercial laws or special laws –have emplasized on on the necessity of selling goods by the seasonal clearance under certain terms and procedures.
In spite its importance in the practical life,we did not find a special regulation within the enforced Iraqi commercial code No.30 in 1984 ,or in an independent law, unlike the previons abrogated Iraqi commercial code No.149 in 1970 in which sush asale occupied agreat important status , because it protected the consumer an

The concept of the legal option For the consumer in the reverse decade Comparison between statutory law and Islamic jurisprudence study

Waled.K.Ateaa; Abass.A.Abass

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 868-964

Abstract

Study is based on our research on the method comparison study between positive law and Islamic jurisprudence and in a manner analytical and inductive of those laws after the collection of information and give a description you prefer according to scientific foundations keeps the fundamentals of law and the foundations and supporting infrastructure with a statement of the position of Islamic jurisprudence of the piece option.

The scope of the exhaustion of the state of civil judge

Amar.S.AlMashhadani; Baydaa.S.Beraw

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 965-1031

Although the scope of exhaustion is limited to judicial judgments and the urgent judicial decisions, it does not include the temporal decisions issued by the judge in the course of the case. The judge will have the right to rectify the decisions if the reasons on which the judicial judgment or the urgent justice decision are based, were changed. Also, the judge may also revise any processed proofs of evidences, but he must mention the reasons in the claimed report. Nevertheless, the scope of exhaustion authority doesn’t include vicarious commands as these commands do not deprive the judge from his authority, but he still has the right to revise them.

Transitional justice problems and opportunities in the Libyan reality

Ali.M.Ali ALtanazfti; Rajab.O.Abd alslam Alaty

Journal of college of Law for Legal and Political Sciences, 2015, Volume 4, Issue 15 part 2, Pages 1032-1077

Abstract
Research topic of transitional justice in fact Libyan discussed during the 17l2l2011 turn to the problematic mismanagement lost reunion, solidarity and opportunity, as research reveals the fact that the administrative and political corruption in this period, with the knowledge of the stages of reparation Is there a building political trust between the people and transitional governments have at this stage Or that corruption and impunity, exclusion and revenge still exists under the fragility of the legislative elections, which reduced the number of participants and political isolation of uncontrolled conceptual with no controls to protect spending from the state budget and the absence of building your army and police, despite the fact that Libya has multiple physical resources and possibilities cultural, religious and homogeneous population of simple position to overcome these differences more easily these problems are reflected on the concept of transitional justice and delayed the process of democratization.