Volume 6, 22 part 1, Summer 2017, Page 1-596

International standards for elections

Parez.F.Youns; Fawzy.H.Aljubory

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 1-35

After the ending of the absolute possession stage from the deployment of political awareness and the emergence of democratic principles on the one hand, and the states try to gain independence from colonial powers on the other hand, the election has become a basic and important pillars, that abounded calling about it .through all owing people to choose the form of government and their representatives, which is one of the aspects of constitutional law, the international community was started through conferences and treaties to include topics related to the elections at the base of their charters and themes to emphasize individual freedom of aspects to stand for election and vote in one of the important democratic principles, which is near the human rights and citizen, as we have tried through our research this give a simple picture of the definition of election and forms its, and in the other side, we talked about the role of international and regional standards that ensured the inclusion of so related issues of the rights of individuals within the domestic laws of the countries which played an important role during the previous period as well as the period coming from the future of the world.

Methods of Execution the International Judicial Delegation


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 36-93

The international judicial delegation assumes that there is conflict comprising a foreign element presented before the judicature in the delegating state, and the delegating judge requests from his foreign counterpart that action procedure be taken through means determined by the legislature and the collective and bilateral conventions, Such means are the judicial authorities and diplomatic or consular missions. It is noted that it is possible to use means of scientific advancement in executing judicial delegation called electronic execution, which facilitates the process of regulating matters of international judicial cooperation in the judicial relationships with the foreign countries.

Provisions of compensation in administrative contracts (Comparative study in Iraqi and Jordanian law)Provisions of compensation in administrative contracts (Comparative study in Iraqi and Jordanian law)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 94-116

This study deals with the legal system of administrative compensation and the damage that occurs in the administrative process resulting from the contracts concluded by the administration with the individuals, with the aim of achieving justice among the contractors and achieving the public interest through knowledge of the concept of the administrative contract, its characteristics and legal bases, and the determination of the competent authority for compensation. Accordingly, we divided this study into two sections with a preliminary request and concluded after a ended containing the conclusions and proposals on the subject.

The powers of the Executive House of Representatives with international influence in the light of the Constitution of the Republic of Iraq for 2005


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 117-169

When you look at the Constitution of the Republic of Iraq for the year 2005, we find that representitives Iraq Council has several operational mandates beyond what distinguishes the parliamentary system in the traditional image in spite of adopting a parliamentary system, under Article (1), which stipulates that (the Republic of Iraq is a single federal, independent, with full sovereignty, the system of government is republican, representative (parliamentary), democratic, and this is the guarantor of the unity of Iraq), the Constitution, How over that does not mean the adoption of the constitutional legislator on the foundations and the general rules of the parliamentary system in the regulation of terms of reference of the legislative and executive branches, it has created a kind combination of political systems based on the separation of powers, and the executive competencies terms of reference of an international impact relating to the authority to declare war and ratify international treaties and appointing ambassadors, as well as supervision and directing Ministry of Foreign Affairs and the formation of committees specialized in organizing international relations, in spite of the text of the Iraqi constitution of 2005 on the terms of reference of impact international House of Representatives in a clear and involvement of others with the House of Representatives in the exercise such as the Council of Ministers and the President of the Republic, but it was free of the laws of these jurisdictions are detailed, which may have lead to the overlap between those authorities in the exercise of these terms of reference and non-disclosure of the mechanism of the application of these terms of reference clearly.

Public employee strike (Comparative analytical study)

Aso.H.Abd alkarem; Asmail.N.Zantna

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 170-226

The public officials and have some rights and privilages that emanate from their and office according to the constitution, laws and regulatuions, this is on the one hand. On the other hand, they are under some duties imposed by the same sources of law like Constitution, Statutes and so on .
Sometimes, the rights of the public officials and stand in their practice with some of their official duties. This could be exemplified by the contradiction between the right to express of the public official and embodies by the strike of work,with the duty of strict compliance with the work schedules and continuity on work but by a legal excuse and by the prior approval from the administrative institution concerned. Here appears a kind of contrast and contradiction between the private right of expression and the public right which entails that the public services and administrative institution must work continuousy,regularly and steadily for the sake of the whole society.
Therefore, the right of the public official to strike is a complex issue and deserves to be accurately dealt with and handled according to the relevant laws , knowingly there are multiple regulation and solutions to it acoording to the trends of the different legal systems throughout the world. However , as different as one can think are the legal solutions adopted by the different systems ;it,generally ranges between the absolute prevention and conditional allowance being restrained by some regulatory or legal or judicial restraints.
In Iraq and Kurdistan Region,there are so many practical cases of work strike, on which there are so many legal limits and laws, but the problem is that those laws are out of use and disoperated against the striking cases conducted by the various sectors officials. In our opinion,those punishing provisions are to be deemed as canceled after the accession to the Internation Convenant to the economic , social and cultural right of Iraq.
So ,we opted to consider the above mentioned issue dividing it on two chapters; the first dedicated to stating the essence of strike of work done by the public official , and the second being dedicated to the legal regulation to the on-function strike. Finally, the study will be ended by a set of findings and reeommendatins that we have made in respect of the topic at issue , taking into account the public and the private interstes' ie. that of the whole society and that of the public official or functionary.

The legal basis for monitoring the constitutionality of laws ( A comparative study )The legal basis for monitoring the constitutionality of laws ( A comparative study )


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 227-284

The principle of constitutionality can not be respected unless there is a penalty imposed on anyone who violates this principle and violates the constitutional rules. therefore, we find a close relationship between the constitutional stalemate and the principle of Constitution.
The Constitution is a logical consequence of the principle of Constitution. Control the constitutionality of laws, and on this basis, the legal rules contrary to the provisions of the Constitution is invalid even if not provided for in the Constitution, the control of the constitutionality of laws arises if the law violated constitutional provisions that lead to the abolition or refrain from application.

Procedural protection of public funds According to the Inclusion Act No. 31 of 2015

Paedi.A.Kader; Takread.M.Kadoury

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 285-337

Recently there is an increase importance to protect public domains because of the great assaults on these domains & there are a wide variety of ways to protect those domains, the administrative recourse is one of these ways, according to this administrative recourse the administration has an authority to go to the public employee by compensation of the damages that affect the public domain because of his neglecting or dereliction, so the administrative recourse to get his aims by fast repair & simplifying the procedures by getting the recourse amount, so it must follow certain procedures to get the specific protection to the public domain & these protection procedure presented by some ways & methods present in the administrative recourse Act no.31-2015 to obligate the administrations to follow it.

Breast milk banks between prohibition and permissibility (A study of jurisprudence in comparison with the Iraqi positive law)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 338-399

Praise be to God, who does not praise others, prayer and peace be sent as a mercy to the worlds:
It has been shown to us through our offer to the subject of our research (banks breast milk between the ban and permitted - a comparative study of jurisprudence -) as follows:
First: the importance of breastfeeding for the baby, due to contain milk at all appropriate nutrients to the baby, noting that the installation of the milk gradually changed with the child's development in line with the required feature of the growth, and then the natural milk is a powerful vaccine is indispensable for the child with him.
Second: The scholars differed in defining the concept of breastfeeding, which publishes privacy between the infant and nursing on two directions:
The first one: The majority of scholars from the Hanafi, Maliki and Shafi'i and Hanbali and Zaidi and Ibadi went to that lesson in the prohibition breastfeeding in the arrival of the milk to the dead of the baby in any manner, whether by sucking the breast or by any means the milk up to the belly of the baby.
The second trend: Dhahiri Imami and some contemporaries believe that breastfeeding is what was forbidden by the suction of the breast is not breast-feeding, and otherwise is not called Rdaa, does not prove its prohibition.
Third: the consequent breastfeeding between the child and nursing taboo between them as they become a mother to him, and he gets her son, and her husband, a father to him, etc ...; for saying (r): «deprived of breastfeeding is deprived of descent».
Fourth: The scholars differed on the quantity of breastfeeding that is proven by the prohibition, according to their understanding of the evidence Istnon it.
All of the Hanafi, Maliki and the words of Imam carnivorous and Ibadi to prove that inviolability per one breastfeeding.
Shafi'i and Hanbali also went in the right of their doctrine and virtual Zaidi that prohibition does not prove breastfeeding only five feedings Misc more.
Some of scholars also argued that the amount of breastfeeding is forbidden is what it was three or more feedings.
Imami went to that prohibition does not prove only ten feedings, as went a range of scholars of Hanafi, Maliki and Imam Ahmad in his novel and Ibadi to prove Balrada absolute prohibition.
Fifth: milk can be sold or gifted to particular person, This is the view of the majority of scholars.
Sixth: The idea of the establishment of breast milk banks have recently emerged in the second half of the twentieth century, after the spread banks corresponding to blood and other human fluids.
The intent of the establishment of such banks was not to the benefit of the people and easier for them; because these banks contraptions scientific be playing that on the face of compassion and in its interior, the introduction of confusion and doubt in the hearts of the people; and because the heretics of this idea insist on imposing on developing Islamic societies while not this idea represents any importance in the Islamic societies; because the mother if she was sick or unable to breastfeed her child, or the child is an orphan, can find breastfeeding voluntarily.
Legislature has arranged about the availability of certain conditions for the sanctity of the infant is breastfed, and becomes either him from infancy, and become sisters aunts, uncles and brothers, her father and grandfather, and the sons of his brothers and sisters, as her husband becomes a father to him.
From this we can see bad faith of the owners of this idea, which insist on publication in the Islamic societies in order to question the ideological issues linked to Muslims, which have a significant impact on the ruling prohibiting the marriage of some women.
Seventh: The scholars differed contemporary allowance in the establishment of such banks, it has passed some modern scholars establishment of such Islamic banks in the country, relying on it to some justification, namely:
a. The milk is separated from a woman's breasts are not deprived; because drinking and eating is not called breastfeeding is sucking from the breast only, has been discussed this to say that the majority of scholars knew breastfeeding as a name to get milk woman in a small cavity, ie, they depend on the deployment of privacy breastfeeding access breast milk to a small stomach, whether the milk-breasted women connected or separated; because the prohibition is based on the arrival of the milk into a small cavity, which sprouted Oncz bone and flesh.
B. And another team from contemporary went to folk sanctity of these banks; because its building on ignorance, so that the child does not know who infants and those who are brothers through breastfeeding, and this is what leads to the mixing of lineages, then maybe the child marry his sister through breastfeeding, and this is what has been forbidden.
Finally, said the damage resulting from the establishment of such banks from the violation of the sanctity of God, and wasted the dignity of nursing, and the corruption of morals, and the spread of infection, and the mixing of lineages, and see the sins of women unnecessarily, to other health and social harm to the mother and the child.
If some have claimed that the establishment of such banks in the interests of the children, the ward off these evil takes precedence in Islam to bring these imaginary interests.
Finally: Every human action must be found in which shortages and lapses that preceded the pen or still by thought, the I done it is of God, though I mistake it myself and the devil , I ask great God to make this work purely for Allah's sake that over all things The answer is worth.

Adapting the relationship of voters to deputies


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 400-445

Voter is the main and basic core of any electoral process ,it represents the means of success through his active participation in the elections ,and the selection of the most suitable to represent him .It is also because the aim of the elections is to achieve the benefit of the voter by choosing his representatives who will bein the parliament .from this we find that there is a relation ship between the voter and the representitive, and this relation ship does not end with the voter voting in favor of candidat . Indeed, the real relation ship starts from that moment ,and continues even after the candidate wins ,and reaches the parliament, but it is a complex relation ship in terms of parties and dimensions because of the overlap of several parties directly and in directly in the formulation .Including the legislative, executive ,and judicial authorities of the state that establish texts, organize and issue electoral consutation , on the other hand the parties are the main factor in this relation ship , in the form of the representives and their constituents, in addition to the civil society institutions ,which constitute electoral life, one of the reasons for its existence and its basic activities , with out losing sight of the role played by the media in this area .

Self-administrative authority competent to impose disciplinary sanctions on students of Iraqi universities and institutes

Deaa.A.ALbaeity; Husain.T.Malalla.Alazawy

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 446-476

University administrative authorities are competent to impose disciplinary penalties on students of universities and institutes of the authorities which has one of the most important goals that achieving administrative and maintenance of public security in general universities and colleges which have the authority to discipline students through their disciplinary punishment as a penalty for breach of rules student discipline 160 number of 2007 and exposing them breaches the most important life facility (higher learning facility) which carries the banner of science and morality and purpose of disciplinary sanctions against University students And institutes. Objectives and scientific mission to ensure maintaining this important public facility and be the fundamental goal of discipline is in the public interest and maintaining public interest, so I had to show the most competent administrative authorities to impose disciplinary penalties on colleges and universities and students who might be unknown to the other. also to learn in details about them and the administrative authorities.

The conviction of the criminal judge An analytical study in the light of the Bahraini and comparative legislation


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 477-563

This research deals with the certainty conviction as means of proof in criminal issues, where the judge has through this principle freely wide and important role and fundamental in assessing the evidence and acceptance.
Criminal judge according to the basis of this principle is free in formation of affectiongl conviction of any evidence offered him as long as derived from legitimate procedures.
However ,this principle ,and If it authorizes criminal judge wide freedom to search for evidence and appreciation and acceptance ,but it is not absolute freedom ,it is a freedom of unchecked and certain restrictions purpose is to ensure that the exercise of this freedom in its proper context ,and to ensure finding the truth in a criminal case ,without encroachment on the rights and personal freedoms.
The research plan included a preliminary study, which included a set of basic inputs in the criminal proof, and the first section delat with the nature of the principle of the certainty conviction, the research found suggestions in the conclusion specific results, including proposals final l research.

Conveniently the criminalization of embezzlement in the private sector with the United Nations Convention against Corruption


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 22 part 1, Pages 564-596

The crime of embezzlement in the traditional image of the crimes that should be a special corner available, as legislator Whoever is committed to be a certain property is being employee or assigned to public service, and note that of the development in society and in compatible with what goes by the states in their legislation has criminalized legislator Iraqi embezzlement in the private sector, through the ratification of the international Convention against corruption in 2004 in 2007. for the privacy and accuracy of this crime that intersect significantly with other crimes, especially crimes of theft and breach of trust, which demind us to study some precision to distinguish them from the other above-mentioned crimes, Showing the extent of its effectiveness in the fight against financial corruption in the society, so the study for this crime is through basic statement the bases and then a statement essence marks them for other crimes that are approaching them and then showing its role in the reduction of financial corruption