Volume 6, Issue 20 part 2, Winter 2017, Page 1-494


Solitary embargo from the perspective of international law

Omer.A.Alnuami

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 1-54

Abstract

The embargo solitary is one of the most important topics which began to focus on it especially after the Cold War ended, which disturb the international relations, down to cases of violation or threat of international peace and security, as well as the damage caused humanity and economic, and breach of the purposes and Principles of The United Nations treaties and all the decisions in relative, the define of the concept of embargo many difficulties, due to the overlap ideas economically, legally, and politically, which means the embargo is the prevention of exporting lagan and services to the country in order to achieve certain goals whatever its nature, this is a narrow concept likely accordingly. As the embargo solitary did not receive any degree of legitimacy, because of its violation of the judge the Principles of The United Nations, and treaties and the relevant resolutions, the principle of free trade. The applications most obvious in international relations, is the American embargo on Cuba, Syria and embargo of EU on Syria

criminal responsibility contraindication and its impact on disciplinary responsibility

Muamer.K.Abd alhamed.Aljubory

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 55-101

Summary

The Criminal legislation is based on the principle of an important and essential is that the crime is based on doing something forbidding by the law or leave as ordered by the law , and dos or don’ts legislator , these are not directed only to those who understood what it is . For that , the man alone is the one who perceivers and can adjust it is business on accordingly and thus can be held criminally, accordingly to what commit crimes , which thus be described as criminal.
But it must be noted that the status of humanity is not the only requirements for those who can be described as criminal , but also required to be worthy of carrying liasits for his behavior , and is also a powerful psychological would creation and control ( will)and that this ( will) be considering a law and be aware and his chosen , either if headed willed illegal trend is called ( will ou strangeous ) .Which is evedience of the dangerous character of the offender , which make them the basis for criminal responsibility thus an indicator to guide the penalty to its purpose social generally intended to bear the consequences of what the person chief operating result in the behavior to do with the law , but the images of these liarits placed on the person vary depending on the kinds van wake liarits educated of duty or actor omission as if it violates the employee’s duty of literary or moral impact it is a penalty literary and so a guilty conscience or thoroughlyby the community and dominize.
The perpetrator of the others a good behavior or religious as heaven punishment , penalty in a here after , and this can be said that liarits literary intervention in the circle of law doesn’t result in a penalty illegal . As a legal liarits legal means what come on violate certain legal duty as a civil responsibility criminal or disciplinary.
The subject of research involves the problem of illegal criminal and administrative , because there are no rules of legal independent and specific in liarits disciplinary similar to what is known for the responsibility of criminal , so it has become necessary for some people the possibility quote some rules liaritss the criminal order applied to liarits discipline , and who gives the opinion that his truth liarits disciplinary regime is criminal , it is in this capacity is identical with liarits penal system . But perhaps there are those who may object to this view under the prefect of lack of match between the prescribed rules in liarits penal and what orteurvi liarits disciplinary , because the principle ( of a crime and as punishment except by law ) , which governs and determines the penalty are that go with that crimes and penalties for specific limited are not allowed to judge the pace no penalty is contained in a text or non.
Specific type of crime the subject of the trail , as well as system tunable situation is different where he is condemned principle some what differently which ( except as punishment for text ), either if headed willed illegal tremd is called ( will outrageous ) .
Which is evidence of the dangerous character of the offender . Which make them the basis for criminal responsibility thus an indicator to guide the penalty to its social purpose generally intended to bear the consequences of what that criminal legislation is based on important and essential principle is that the crime is based on doing something forbidden by the law or leaves as ordered by the law , and dos and don’t s legislator these are not directed only to those who perceived and understood what it is , for that the man alone is the one who moral and so aguity conscience or thoroughly by the community and demonize the perpetrator of others good behave or litigious penalty in the hereafter and this cannot be said that liarits intervention in the circle of law does not result in a penalty illegal . But the images of these liarits placed on the person vary depending on the kinds van was liarits literary of duty literary or act or omission , as if it violates the employees duty of literary or moral so penalty impact it is a penalty literary and so a guilty conscience or by community .
For all above went we chose this research to fulfill right in studying in insight in our study we will follow the legal analytical approach through the comparative study of the legal text , analysis and statement of the legislative development introduced by developed countries in this area and what can applied to them in Iraq . We have been selected on the Egyptian legislation signed a model for the Arab legislations comparison , since Egypt is one of the oldest republics in the Arab world , which staged the provisions of administrative law as well as the home the oldest legislation Iraq . In our study of the topic of contraception liarits and criminal impact in liarits disciplinary go to three entrances preceded by on introduction and followed by summary comprise the main conclusions and proposals , the first entrance to identify cases of loss of cognition and their impact in the field of tunable and we recognize , the in the second entrance cases of loss of freedom of choice and its impact on the liarits disciplinary and final entrance to the extent the impact of crime disciplinary governing non- penal liarits them we finsh our research with the research sources .

The reality of the peaceful transfer of power in the Iraqi constitutions

Fawzy.H.Aljubory; Karem.Z.Aljubory

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 102-154

Abstract
It is not wrong to say that the progress of any political society trying to establish prosperity , stability and social security , through factors are achieved by using the peaceful rotation of power , thus this rotation has a strong relation with social and economical sides , also it is the nucleus of the political part , especially we live in a world changes in a speedy steps , conflict of the interests between attraction and discordance , the struggle on the most important wealthy resources in the world, in order to benefit from thus factors, Iraq should be stable economically and socially, this can be achieved by the political stability, and in turn this stability achieved by the peaceful and democratic rotation of power, this thing we could not find in the Iraqi constitutions since the establishment of modern Iraqi state in 1921, this made us to take in consideration the topic ( the fact of the peaceful rotation of power in Iraqi institution ) to show the stand of legal and constitutional text from the peaceful rotation of power in these constitutions, and the practical application of the principle, to know the way of rotating power in Iraq since the royal regime to the republican era, ending with the permanent Iraqi constitution of the year 2005, through analysing the texts of the essence of law and the political point of fact that accompanied their application.

Federal Service Council between supervision and independence in Iraq

Hisham.G.Kamal

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 155-186

Abstract

Study the impact of the Federal Service Council on the administration of bodies and activity, especially after the great development that has been resolved in the management systems of public utilities.
The existence of an independent regulatory body that regulates the administrative work in the state with the aim of regularizing the state's public facilities regularly and steadily is necessary for the integration of the legal elements of the state aimed at realizing the principle of legality which is based on the public interest. The Federal Service Council is a modern constitutional institutional experience that is consistent with developments Which occurred in the facilities of the State, and lead the Federal Service Council many of the functions that serve the development of the administrative apparatus in Iraq, and this led to the need to organize these aspects by the Federal Service Council and the statement of competencies entrusted to him and degree of independence And its effective supervisory role in the field of career service in Iraq.

Protecting the right to confidentiality of telephone and electronic calls

Sevan.B.Mesrob

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 187-252

Abstract

Protecting the right to confidentiality of telephone calls and electronic
As a result of technological development in the field of information and communication has left this development vacuum legislative and stood before him legal texts unable to contain an update of which are clear violations of the human right to privacy by monitoring telephone calls and e-using bugging devices and registration, which constitutes a restriction on the privacy rights which smashes the balance between personal liberty and law enforcement may not be an absolute record in call, electronic calls, which is a way of life styles of the people only to the extent provided by law, so it is necessary to find a real balance between protecting the right to confidentiality of telephone and electronic calls determined by the constitutions of the individual and the need to use wiretapping and electronic registration to protect the public interest, which is the ultimate goal devices.
The research aims to present an analytical study of constitutional and international legal texts of the Organization of the human right to secret telephone calls and electronic protection in the light of the increasing risk of breaking into human privacy using bugging devices and modern recording and their negative effects and the extent of overtaking them by individuals and public authorities by using modern electronic devices under the communications and information revolution.

Obstacles to the achievement of international criminal justice Before the International Criminal Court

yasir.M.Abd alla

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 253-298

ABSTRACT
The establishment of the International Criminal Court is an important step towards the establishment of a permanent international criminal justice, ensure that the perpetrators of international crimes affecting the international community, and the formation of this Court as a step to reconcile the wishes of States and international governmental and non-governmental organizations, since this was a prominent impact desires on the texts of the Statute of the Court and on the nature of the work within the international community.
This target search constraints facing the effectiveness of the International Criminal Court in achieving its main objective is to establish and consolidate permanent international criminal justice, and overcome the negative effects caused by temporary criminal courts, as the observer of this Tribunal finds there are many constraints faced, particularly the provisions of the Statute of the Court of jurisdiction and penalties imposed by the UN Security Council, and the effect of the grant of wide discretionary powers to interfere in the work of the Court and obstruction of the performance of its tasks, as well as external influences that contribute to reducing The effectiveness of the Court as regards both the nature of the Court itself as a permanent international judicial organ, or with respect to the international position of the Court, or the effects of international cooperation on this Court.

Defect grabs of the executive authority jurisdiction of the legislature in affairs of taxes in Iraq

Raaed.N.Aljuomaly; Saad.A.Almousa

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 299-345

Summary

The usurpation of authority from the main flaws of the administrative judiciary faced it, which are attributed to the actions of the executive power and transmit them to the illegal acts of nowhere and hit it does not gain legitimacy even if they missed the time limit for appeal, Among and the most prominent manifestations is the executive branch assault on the competence of the legislature and we have found that this defect and the existence and effect of the tax affairs, many of the actions and decisions issued by the executive branch was a carrier of the image and its significance and promise publicity that it's partly because of the problematic term in the distinction between tax and fee and vulnerability to legal and administrative clades, which was the state before 2003, as well as the low level of awareness of the legal and tax affairs and in spite of the current Constitution of 2005 identified legal elements of the tax in Article (28/ first) To impose the tax, modification and exemption from the levy, but the so call in a lot of tax applications to find that the executive branch covered most of these elements that not all regulation which is therefore a departure frank about the distribution of the tax jurisdiction rules set by the Constitution and the usurpation of the authority of the executive to the jurisdiction of the legislature.

Precedence of administrative investigation and its impact on criminal proceedings

Haider.A.Afin

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 346-401

Abstract

The idea of this research lies in the necessity of protecting the dignity of the employee and his/her administrative rights from being infringed without legal justification or legal procedures with emphasis on the necessity of commitment to implementing the provisions of Article (10) of the Discipline Code about the administrative investigation with the employee before referring him/his for a crime has been never shown and preparing a defense on its basis which lead to the derogation of rights, and suspicions and hearsay against the employee. Consequently the position of the employee may destabilize and his/her relationship to the job may be threatened,Hence, it requires that the administrative investigation should precede the criminal investigation in the administrative infringements.
The administrative investigation could be of a productive impact in the criminal case and the courts of penalty in charging and convicting the employee in cases the competent court finds the witness statements, as well as other evidences which helps it in reaching to the truth, not as some think that the minutes of the investigative committees can not be promoted to the evidence on which the conviction of the court is built toward the accused, so this research discusses in the first study the primacy of the administrative investigation and its impact on the criminal case through the legal basis of precedence in addition to discussing its justifications and conditions applied, and the impact of the administrative investigation in the criminal case in the second study.

Legal adaptation of administrative decisions issued by Kurdistan Regional Government (An analytical study)

Falah.M.Sadek

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 402-443

Abstract

The research is marked by (legal adjustment of administrative decisions issued by the Kurdistan Regional Government - analytical study) Thread through two sections, the first section title (definition resolution administrative), which in turn split into two demands where among the first demand concept of the administrative decision and types, either in the second requirement It has been addressed to the sources of the administrative decision.
The second section, entitled (legal value for administrative decisions issued by the Kurdistan Regional Government), he is divided in turn into two demands, where among the first demand legal basis for administrative decisions issued by the Kurdistan Regional Government, while the second requirement contained models on administrative decisions issued by the Regional Government Kurdistan, then concluded our search to a conclusion which we reached a number of conclusions and recommendations, and God bless.

The legislative philosophy of restricting the right of the state to punishment (Demand and authorization crimes model)

Ahmad.M.Ali

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 444-494

Abstract
The criminal case is the means by which society can punish the offender as the means by which the necessary procedures are taken to establish evidence of attribution of the crime to the accused.
The original requires that the public prosecution as a deputy of the society free to initiate criminal action and to attribute the crime committed to the actor, but the legislator put three restrictions on the freedom of the prosecution to initiate the action, so that it cannot with its existence to initiate the criminal case, , Authorization, and demand).
Combines the crimes under which the legislator has the right of the state to institute criminal proceedings arising from it on the request of an official body that has a legislative philosophy of a special nature, which directly or indirectly affects a range of vital interests of the state. However, the legislator estimated that justice requires turning a blind eye to These crimes, because this ensures the interest of other first care of the interest that is targeted by the punishment for those crimes.
In order to analyze these texts and to reach this philosophy, it was necessary to divide the research into two sections. The first was to examine the legislative philosophy of restricting the right of the state to punish for the crimes of demand, while Second, to discuss the legislative philosophy of restricting the right of the state to punishment in the crimes of the ear.