Volume 6, Issue 23 part 1, Autumn 2017, Page 1-326

Legitimacy of United Nations intervention to bring about the democratic system

Talat.J.Laji; Mudhir.K.Jafar

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 1-29

The first is the Second World War, with its profound transformations that affected the whole world and the post-Cold War era, which produced a new world order, the most important of which was the theory of humanitarian intervention and intervention to bring democracy to the world. In order to preserve and consolidate the theory of international peace and security, What draws attention to these interventions is the justifications on which the Security Council has based its assessment of what is considered a threat to international peace and security. these justifications constitute a real expansion of the use of Chapter VII of the Charter of the United Nations and thus justify departing from the national or internal jurisdiction of States and thus expanding In the exception to the principle of intervention for the establishment of a democratic system that was not limited to the maintenance of international peace, the United Nations international law has made unprecedented progress in expanding its sphere of competence with regard to the systems of governance that States have come to regard as part of its internal authority. In some States, the intervention of the international organization has reached its peak when it authorized the use of armed force to restore democratically elected regimes to power , The international organization in general has taken great care of interventions to protect and respect human rights and fundamental freedoms.
Therefore, the main objective of our research was to highlight the most important applied models of legitimate United Nations intervention in countries to change or reform their democratic systems and to highlight the legal aspect of such interference.

Reform of tax administration from a procedural point of view

Said.A.ALati; Ali.H.Abdualla

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 30-55

It is not unquestionable that every country needs revenues in order to satisfy the growing public needs after a country that has truly intervened in order to achieve its objectives. It has to be a productive country to meet the needs of the public, which differ from country to country. The approach of the ruling authority or, more accurately, according to the future vision of the holders of control and in the long run in particular. What we are witnessing in Iraq, specifically after the change in the political system after the events of 2003 and the lifting of the economic siege, is the almost total dependence of the state on oil revenues in financing the state budget. The reasons for this fact are many and varied, The lack of concern for successive governments in Iraq on the matter of the future of the state, both in the medium and long term, but all that matters to these governments is to finance the state budget for the next fiscal year as a maximum, and this primitive approach sterile caused the intellectual invasion that swept the minds of the vast majority of the Iraqi people The adequacy of oil revenues and the lack of need for alternative sources of air or complementary! Ignoring one of the most prominent features of the modern state is to rely on more than one source in financing the state budget and constantly develop these sources. On this basis, we found ourselves obliged to discuss the reform of the tax administration in Iraq in order to raise the proportion of tax revenues, And narrowing the gap between them and oil revenues, leading to a surplus in the state budget and thus accelerate the achievement of economic development in the state and achieve other high goals required of the political authority to do. The reform of tax administration is necessary even before the reform of tax laws, because the law is words that need to be translated effectively on the ground, and management is the response to this task and therefore the failure of management inevitably means the failure of the law.
And the search for reform of the tax administration - the General Authority for Taxation and its branches - in terms of procedural results showed the sharp humbleness of tax administration at the procedural level, and for several reasons are summarized - in our humble opinion - the indifference of the public administration in Iraq the tax administration and lack of the requirements of promotion in administrative work Tax at the procedural level.
In this concern, we have presented a guide to some of the simple solutions proposed by the public administration in order to increase the level of tax administration in Iraq.

The legal Sentence Or Bayers Death or Lass of his Capacity in period of Sus pend sale


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 56-79

The suspend sale contract is completed when the buyer allows to chek the sale before buying suitabitily between place and the purpose of contract or suib buy personal need . This matter has salved by Iraqi civil law . this study contracted to death of buyer or his lass capacity during The legal state is ambigious .

Procedural criminal protection for demonstrators of crimes committed by the men of power (Mestal)

Nozad.A.ALshwany; Nora.A.Jamal

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 80-120

The rights of the protester are an inherent right and are guaranteed by international conventions and constitutions for all citizens and residents of the homeland who do not have their nationality. They are rights that come first as necessary for the exercise of other public rights; they are a condition for the existence of other rights, whether economic, social, political or Others, however, exercise the right to demonstrate effectively (actually) It appears to be an offense committed by individuals, it has become seen as a marginal issue, the governments are not paying attention to their legitimate demands, and even the worst crimes against peaceful demonstrators are being carried out in order to suppress them. The demonstrators who truly practice an international, constitutional and legal licit That is why we chose this topic.
In the research, we followed a comparative approach based on the analysis of constitutional and legal texts and comparing them with the texts of the constitutions and laws of some states in order to reach valuable and useful results in our research .

Relation of Governorate council to the Governor through Iraqi constitution in force-2005 and Governorate law not organized in the Territory No(21)-2008(Amended)

Ahmad.KH.Hamedi; Dyaa.A.Ali

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 121-150

The Iraqi constitution - 2005 in A/( 122 / III ) stipulated ( The governor, who elected by the provincial council considered the highest chief executive in the province, for the exercise of his powers authorized by the council ) this mean that there is a direct relationship and between the provincial council and the governor will exercise his powers authorized by the provincial council .
As the law governorates not organized in the territory of No. ( 21) for the year 2008 amended grant for each of the provincial council and governor of his powers , which derive from the law , and create the kind of relationship with each other to overlap some of their competence at the level of each administrative unit despite the fact that each point of competence specified by law , He gave each of the provincial council and the governor the authority exercised by an interview in the face of the other .
He also tried legislator in the Act put dividing lines between the terms of reference for the provincial council and the governor , in order to ensure the achievement of the desired end of them in the public interest that transcends any other considerations , so that working within one system which is development of local community .

Mechanisms for activating the legal protection of journalists during armed conflict

Ruaa.Abrahim.KHalid; Fawzi.H.Salman; Salwa.A.Maydan

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 151-181

Wars reveal the extent of violation of rights of innocent people by the conflicting parties. Military machine has been taking the life of thousands of people without distinguishing between civilians and armed persons. particularly, journalists have constituted recently the majority of war and armed conflicts victims because of the dangerous nature of their job.
protection is provided of journalist by international law cannot be succeed unless they have been accompanied with some guarantees that ensures the application of international law at domestic law level. This might be achieved through forcing all countries to make necessary legislations in their national law that comply with the rules of international law in this regard.

Authentic Electronic Signature in Electronic Transactions (Analytical Study in the Light of the Electronic Signature Law and Iraqi Electronic Transactions No. 78 of 2012)


Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 182-221

The authenticity of the electronic signature in the electronic transactions study analyzed in light of the law on electronic signature and electronic Iraq (78) 2012.
As a result of the sperad of computer use in all aspects of life, has produced practice modern methods in handling are inconsistent with the idea of signing the traditional concept, with a handwritten signature is impossible to adapt it to modern systems and contracts, so is the trend towards alternative and electronic signature, electronic contract as a traditional contract written paper consists of an electronic book editor, noted in writing, also contains an electronic signature, and have authentic evidence, legal requirement Electronic signature terms and prescribed by law .

The Role of Law No. (17) of 2013 The Fifth Amendment Law of the State Consultative Council Law No. (65) for the year 1979 in the Development of the State Consultative Council

Ayoob.M.Saied; Adnan.K.Zankna

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 222-258

Iraq did not follow the dual judicial system, but after the issuance of the Second Amendment No (106) for the year 1989 of the law council of State No, (65) for the year 1979, there has been a law of the council several amendments, most recently the Fifth Amendment law No (17) for the year 2013, and which came to prove the role of the Aministrative court and give it more flexibility in its business and to facilitate the proceedings in front of it, was awarded the Fifth amendment to the State council of the personal State of moral and unit of account and financial independent within the Ministry of justices budget, the text of the Fifth amendment to the establishment of the Supreme Administrative court, which considered discrimination in the verdicts of the administrative courts and courts spend staff in provincial centers, and despite what has been said, but that does not mean the completion of the state council of the Iraqi system, as the council continued to suffer from a lack of human and financial resources and formations that we listed above during our study.

The efficiency of the legislative organization for civil compensation for the damages of terrorist crimes in Iraq and some comparative systems

Nabil.Alabadiay; Abd albast.J.Muhammad

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 23 part 1, Pages 259-326

Although introduced the phenomenon of terrorism in human history, but it‘s publicity, mind serious criminal phenomenon, threatening the security of the national and international community and the stability of relations in them, makes it imperative to focus on more than ever, to determine the extent of the efficiency of the legislative organization of terrorist crimes, in Iraq as one of the States most affected by these crimes, and some comparative legislation, and the success of the legal foundations of civil compensate for the damage of these crimes, in reparations arising from them, and whether the legal regulation of the matter in the direction of the correct and effective treatment to stand against this phenomenon of harmful dimensional globally or not.