Volume 5, Issue 19 part 2, Autumn 2016, Page 1-534


Legal protection of minority women from persecution A comparative study between the Iraqi constitution and international instruments

Muna.Y.Yako; Dlshad.H.Droesh

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 1-54

Summary
Iraq is not exception compared to neighboring countrie, in a historic repeat disturbance, tragedies and catastrophes that have occurred in recent times, but we believe that minorities in Iraq are in a very bad situation, and this case had reached to the stage, where it is necessary to call for the internationalization, especially in certain areas, such as those located between the Kurdistan region and the federal government.
We believe that the admitting that there are obstacles to peaceful coexistence is the first step to search for solutions, as well as we must confess that the Islamic jurisprudence and chauvinism were the main reasons for the worsening minority's condition is extremely important.
For the above-mentioned reasons we are expecting many unpleasant surprises, especially after the shameful acts committed by (ISIS) against women belonging to minorities, so we find that it's important to look at this topic as a subject to research, study and debates.

Effect of the legal system for the conclusion of administrative contracts in the protection of public funds (A comparative study)

Hassan.M.Albnan; Abo baker.A.Alnaemy

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 55-117

Abstract

Contracts made by management to the widely used public funds requires, especially in the public works contracts, supply contracts, so keen legislation states a briefing to conclude administrative contracts set restrictions and procedures that ensure the protection Public money and maintenance, so that shift without messing with this money or be susceptible to waste and processes of corruption, so the conclusion of administrative contracts for a total of principles related to ensuring freedom of competition and equality as well as providing publicity for the proceedings to conclude all of the contract is subject. The process of concluding administrative contracts are given by many of the restrictions is the availability of financial dependence and obtain approval or get counseling from the authorities by the law, as the law in some cases, are required to take on a contract in writing. That the conclusion of administrative contracts process of going through a series of actions that begin to announce the tender offers and then delivered through open bidding analyze, evaluate and determine the best tender and finally the release of the administration's decision to approve the referral decision.

Legal System of the Integrity Commission

Ahmad.K.Hamedy; Mohamed.M.Naser

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 118-144

Abstract

The Integrity Commission one of the regulatory bodies independent Iraqi state was created under Order 55, issued in 2004 (repealed) and statutory law thereto, has been emphasized by the Constitution of the Republic of Iraq in 2005, has been awarded this body the terms of reference and acts of variety, so we must be studied to see theoretical framework of this body and the statement of the legal basis and nature you are an independent body or not.
And we came through the study of trends Faqih earlier raised about the nature of the Integrity Commission as a hardware independent regulatory owns a set of procedures and duties carried out by the State through the authorities granted to them to see how the functioning of the administrative organs of controlled and ensure the achievement of financial activity and the administrative and economic development of the state and in accordance with for the purposes intended and on the basis of planned within the political state and the philosophical ideas which it believes the state is seeking to achieve, by the Iraqi Council of Representatives according to the provisions of Article (61) of the Constitution of the Republic of Iraq, issued in 2005 is linked to the authority of certain whatever the legislative, executive, judicial, not Sultan is the law.

Exemptions for the objective scope of the labor income tax (Comparative legal study)

qabas.H.Albdrany; Lanja.S.Taher

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 145-175

Abstract

We have adopted in this research method of comparative research between Iraqi law and Egyptian law, as well as the method of analytical research for the texts of the tax law relating to the exemption and allow the scheduled income imposed tax of incomes of work, as the tax law is objective scale is this band article which may be taxed, and determined this article in taxes on labor income as received by workers in the State and the public sector and the private sector salaries, wages and allowances, and profits resulting from the exercise of commercial professions, all of which are an important source of income tax sources, but we will limit our study in this research on the exemptions approved by the legislature on salaries wages and allowances in only the Iraqi and Egyptian law.

Quality of the political administration between the reliability of the electronic administration - and the quality of wise governance

Hazem.H.ALjanaby

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 176-227

Abstract:

The quality of political administration assimilate in two dimensions considered as a two major pillars to make a positive change , the first pillar is : the reliability of electronic management, and the second: the quality of wise governance, then the state, which seeks to implement electronic management and achieve wise governance, is a high political quality, and electronic administration means digitizing institutional administration in response to the digital age, and applying the principle of (contact and do not move), meaning that finding the electronic administration to conduct transactions electronically taken three forms: from institutions to the institutions, from the institutions to the citizen, and from the citizen to the institutions, and its goal is to deploy the largest amount of the rule of law (transparency, accountability, quest) that achieve the speed of response (integrity), which motivate the building of the pillars of the wise governance.
Based on this, this paper attempts to shed light on the role of the political administration in the application of electronic management, and achieve wise governance through the reduction of bureaucratic power and combating administrative corruption and install rational values of the rule, and monitor the performance of the curators of the power, and how it has managed to embody the political administration of this dimensions and has coordinated between them to adapt and change.

Judicial control of the decisions of the Independent High Electoral Commission in Iraq

Aleaa.G.Mousa

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 228-255

Abstract

Ancient civilization's known the phenomenon of election which vary in its content and comprehensiveness , who is eligible to participate in this elections ,as well as the validity of the emerging councils to talk about control the election . monitor the election through judiciary could support the voters satisfaction in the fairness of this election , moreover, other types of monitoring do so, such as international monitoring ,civil society organizatons monitoring or politician parties or public view supervision ,The fairness of election can be evaluated through adherenc e of behavior rules ,laws and instructions .Never the less,who affected by the decisions of higher independent electoral committee has aright to appeal in these decisions. Appealing going to be in front of electoral judiciary committee which its decision can not be appealed any more .
Inorder to cover the judiciary moni toring issue on election and how its rule the dicisions of higher independent electoral committee, we decide to devide the search into three parts, the first one is dedicated to denote what is the judiciary monitoring and its advantages while the second is indicate to the specialized side which care about election appeals. Lastly , the third part of the search about authority of election committee as well as the judiciary role to ratifying the final election results . then the conclusion includes some results and suggestions at the end of the search.

The principle of legality in disciplinary punishment

Bader.H.Salh; Zedan.M.Malla

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 256-315

Abstract

Is the subject of research on punishment Disciplinary and that is an important element of the system tunable and that if the employee commits a violation disciplinary it is subject to a penalty and punishment specific limitation other than the offense Disciplinary and thus subject to the principle of legality (no punishment except by law) and the death penalty have a negative impact on the center Employee Job and thus reflected the impact on his family and that will be the focus of our research, which proceed from him through three sections, we devote the first Ltarev corporal discipline and the statement of legal nature and goals while we will look at the second section controls the principle of legitimacy punishment Disciplinary and distinguish them from criminal punishment, while the third section Venard it to the types of sanctions Disciplinary and competent authorities to impose.
Finally and ultimately referred to the finale included some of the findings and recommendations, which we were able to stand on it.

What The crime of information fraud

Mofk.A.Abeed; Saher.M.Naser

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 316-384

abstract

We have adopted in this research on the analytical method in legal texts that are struggling offense traditional fraud and texts that deal with the crime of fraud informational in penal legislation of foreign states, which became aware of the seriousness of this type of criminality and developed its legislation with the latest developments in the bodies analysis techniques, as well as some Arab countries that tried to keep up and developed legislation in this area, with reference to the views of scholars on topics Find the best ones and weighting about crime replace our research, without fail statement of judicial rulings whenever we could reach a verdict than in any of the themes of the search, with our dependence comparative approach between these different legislations addressed to criminalize acts of fraud by the computer and the internet and access to the best legislation can be an Iraqi lawmaker follow his example when organizing combat iT crimes and crime in general informational fraud in particular.

The role of the Iraqi judiciary in ensuring constitutional legitimacy

Majed.N.Aljbory; Rzkar.J.Alshwany

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 385-432

Summary

The administrative judiciary in Iraq under the Constitution and the relevant legislation is an important safeguard of constitutional legitimacy guarantees, which spend is still in the stage of development and expansion, and we hope in the context of this to have a presence in every province of Iraq, not only in Baghdad, especially if support that exists In the law of the Council in order to ensure that justice is accessible and accessible to everyone without difficulty and hardship, and that the appeal against the provisions of this judiciary before the General Assembly of the State Council of State as required by the law of the latter as was previously or a competent administrative court and not before the Federal Supreme Court for reasons which already clarified.

Parliamentary Oversight of the Implementation of the State Budget under the Iraqi Constitution of 2005

Abd albbast.A.Jasim; Mohamad.F.ALmktar

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 433-491

abstract
Hence, it is clear that the budget should go through another stage, the stage of implementation after completing its first three stages of preparation, adoption and implementation.
The benefits of this oversight are summarized in ensuring the proper management of public funds and the extent to which the estimates of revenues and expenditures apply to what is already achieved. It also allows from the political point of view of the parliamentary councils to see how the executive authority allocates the expenditure and collection authority granted under the Budget Law . In other words, the financial control of the implementation of the budget derives its importance from the need to implement it as issued by the legislative authority on the one hand, and the need to implement it free of all waste or waste of state funds on the other hand, and therefore it was necessary to find control to ensure the achievement of these considerations , In theory from the importance of monitoring the implementation of the budget. In practice, the methods of this control are many and varied, and the forms of each type vary from one country to another and with the different time period it faces

Parliamentary control over the implementation of the general budget in the Kurdistan Region – Iraq

Ahmad.S.ALsfar; Hemin.R.Murad

Journal of college of Law for Legal and Political Sciences, 2016, Volume 5, Issue 19 part 2, Pages 492-534

Abstract

That the parliamentary oversight of the public budget is necessary because it achieves balance between the executive and legislative authorities, as the funding of the budget of the public money that is the property of the people and has the right to monitor the preparation and implementation of the budget in accordance with the Constitution and laws related to it. This kind of oversight gives a greater degree of sophistication and political progress because it serves as an accounting for the ministries that are planning to carry out their activities in accordance with their plans and programs. Indeed, the government is presenting its program to the parliament at the beginning of each parliamentary session and when it is formed. For the next year, that supervision according to this concept is one of the most important parliamentary tools in diagnosing the imbalance that causes the failure of the government program, as parliamentary oversight is focused in one form aimed at the optimal use of resources and the preservation of public money from wasteful and wasteful.