Volume 7, Issue Issue 26 part 2, Summer 2018


Law applicable to the contract of sale by international electronic auction (comparative analytical study)

Zana. A.Aziz; Omed. S.Othman

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 1-32

The auction contract is one of the most important electronic contracts that are held through the Internet for what it provides the electronic auction sites of various options and wide range of goods and services in an easy contract. The online auction being done by modern means differs from the traditional auction, the most important difference lies in determining the applicable law and the competent court for disputes arising from electronic auction contracts, in most cases, the parties of the international contracts are located in different countries. The seller is resident in a country, the buyer resides in a second country and the owner of the electronic page is from a third country. Therefore, there must be legal rules to suit the importance of this type of contracting. As most of the general rules the traditional include the rules of attribution contained in the Iraqi Civil Law of 1951 and other relevant laws are not valid to govern all aspects of these contracts and disputes. Therefore, there is a legislative absence in Iraq with regard to the organization of electronic auction. Wherefore, our research focused on finding a legal framework for such contracts, as well as finding new support regulations that are consistent with their respective characteristics and provide effective protection to consumers and customers in such contracts. The option is to apply the law of the will of the parties to the contract; however, if this law is against the consumer's interest or against the national public policy, the consumer's residence law (buyer) is applied to auction sales on the Internet.

The Administrative Liability based on the fault and its Role in Protecting The Fundamental Freedoms

Maroof. O.gul; Horman. M.Said

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 33-79

The competence of Administrative Justice is not only confined to the abolishing lawsuit ,which means the revision of the validity of administrative decisions and assessing how far they are legal , and then abolishing them when proved to be illegal, but includes another sort of justice which is the Remedy (Reparation Justice).In this sort of justice the authority and discretion of the administrative judge is as wide as to include the redress of the faults stemming from the decisions of the administration , in addition to his authority for abolishing those decisions wholly or partly.The indemnity lawsuit, is not less important than the lawsuit of abolishing in providing the protection to the principle of legality .This can be counted for by the fact that this is an effective and commonly useable tool for the protection of the fundamental individual rights and freedoms versus the transgression of the public administration whenever it causes the damage for those individuals, irrespective of whether the acts of that administration is legal or illegal. Moreover, it is a judicial tool for the activation, substantiating and application of the legal system of the theory of the administrative liability. Finally, this means that there is a strong relationship between the redress lawsuit and the administrative liability and both are having an essential role in providing the protection to the individual rights and freedoms.

The legislative confrontation of information crime at the international and national levels (comparative study)

Khalil. Y.Jundi

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 80-125

The phenomenon of computer, network, and informatics crimes - cybercrimes or white collar- relatively is a new phenomenon of serious crimes in which signalize our society to be acquainted. This is based on the ground that these kinds of crimes target all kinds of confidential data and information. Furthermore, cybercrimes is committed by professional criminals and they commit it in a hidden way. Hence, the object of these types of offense is data and information in computers and when this information is transformed via network, in particularly via internet. This indicates the seriousness of informatics crimes which affect the right of information, affects individuals’ privacy, threaten national security and sovereignty, effect on community confidence, and it will affect human’s thinking and inventions. Therefore, apprehending the essence of informatics crimes, its nature, clarification object of the crime, its merits, seriousness, the damage and loss in which results from it, perpetrators attribute and motivation is very substantial to deal with the scope of this dangerous phenomenon pertaining to economic, social, cultural, and security. Although Arab societies have not been affected by the informatics crimes in a wide scope, the dangerous and seriousness of this crime will be a lot due to the preparedness of technical, legislatively, and its performance- information protection strategy- is not sufficient to encounter these kinds of crimes, or they might not have regulated at all. On the other hand, informatics crimes have been increased in developed countries, such as United States and Europe. Thus, most of these developed countries have regulated and set laws in both national and international level’s to encounter these types of crimes. In addition, regional and international organizations- specifically regional organization in Europe- have called upon regulating and encountering informatics crimes; likewise many countries which had no laws to regulate it, they have commenced to pass laws or amend the existed law which was not adequate to provide efficient legal protection against this crime.

Evolution of the concept of jihad in Islamic thought (Vision according to the global context)

Husam. Kasay; Sabah. M.Salh

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 126-155

The essence of the idea of the title of research "Jihad in a Globalized World" is that there is a hidden relationship between the concept of jihad in the name of God and the struggle against holy wars and the Western capitalist globalization in the world of Mac and its adversary.How did the heavenly religions, It seems like a holy alliance with Maddens, reflected in the emergence of the so-called "religious fundamentalism," here will show our research problem is that there is a debate between jihad for God and the role of capitalist globalization, especially in the alliance of the latter with religious fundamentalism, The religions were shortened with religious fundamentalisms that were deformed to Takfir!!Our research question is: What is the relation between Jihad and Western globalization, and whether it is a purely religious or fundamentalist jihad, and other sub-questions will be derived from it.Our research methodology will depend on the approach of political culture to study societies, cultures and differences among peoples, and the methodology of descriptive and critical analysis to describe and criticize the phenomenon of global jihad. Islamic Jihad, Radical Islamic Fundamentalism: Jihadist Salafism, Sword of War and Sword, Evolution of the Concept of Jihad, Islamic Jihad, Jihad against the New Mac, Globalization and Jihad, Conclusion.As long as the religious fundamentalists in the three religions: Christianity, Judaism, Islam, are at the forefront of the political and religious façade of the mother, nations and peoples, the result is that jihad can not be considered in most countries of the world. They are holy wars in Palestine, Iraq, Syria, Libya, Yemen. They are just wars between the world of Mac and Mac, not against the world of jihad, holy wars for purely worldly interests and ambitions. Those who fight infidels can not fight them without their support with weapons, On the one hand, Islamic Jihad was not an end and a discount .

Role of Public Prosecution in Monitoring the Legitimacy of Decisions of Arrest and Arrest (Comparative Study)Mustal

Nozad.A. Alshwany; Suhad .R.Mubark

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 156-187

Public prosecution is the mainstay of the judicial process, and its role can not be ignored or overlooked. This importance generally comes from the purpose for which it is found to protect (the public interest).The nature of the work and the scope of supervision over the legitimacy of the public prosecution are related to the type of system prevailing in the state. If the state is a socialist, it assigns various tasks with different aspects and gives it wide powers to control legality.In order to show the role of the public prosecution in monitoring the legality of the arrest and detention decisions, we discussed the definition of censorship and legality, as well as the monitoring of the legality of arrest and detention decisions.

Jurisdiction between Theory and Practice (Comparative Study with Judicial Applications)

Ahmad. S.Yassen

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 188-236

One thing may happen to be owned by more than one person , so that each of them has the right to a common symbolic share belong to thing in a group such as half , quarter or one sixth , for example . And without allocating to each of them a material part of the property , in which case ownership would be a common property .It is noted that the common law is the result of the multiplicity of right holders in kind is not limited to the right of ownership . But can be achieved for other rights in kind if the partners did not meet on the division of satisfaction or whether they are locked and wanted some of them out of common .Then they have no recourse but to resort to the Judical division , which begins its proceedings to bring the case of division to the rest of the partners before the competent court . which is one of the important cases in which one partner is asked to end the state of communion by division if possible , otherwise selling if the things is indivisible and distribution of the allowance to partners , especially if we know that there is one court of first instance does not consider the case of Judicial division throughout the year because of the direct prejudice to people's money an d property . In this study , we will address the issue of division of the Judiciary from the definition of liabilities and characteristics as well as put into practice .

The principle of personal disciplinary punishment

Shakeb. k.Jasim

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 237-265

The public employment is an important subject in administrative law as a mean of public administration, which carries out its functions and activities by natural persons who represent and work for it. The centers of these persons have organized laws and regulations related to the public service . If we want to know the legality of the employee's work, we refer to the Penal Law, which operates on the basis of "no crime or penalty except by text". The resulting functional errors are not confined to the legal text governing the public office, but rather to the competent bodies that determine the infringing acts The duties of public office or in violation of public order under the supervision of the administrative judiciary. The Law of Discipline of State Employees and Public Sector No. (14) of 1991 is applied to all violations issued by the employee according to the gravity of the act issued by the employee . And that one of the most important consequences of the personality of the punishment is that the punishment does not affect only the person who committed the crime or contributed to it, whether in his life or freedom or money is attached to him alone and not signed on others . The punishment is similar to the disciplinary punishment in terms of the principle of legality, not punishment in terms of text, as they are similar in terms of personal punishment, they can be imposed only on those who committed or participated in the crime.

Court of Information and Publishing

Salah .A.Mohammed

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 266-290

The Court of Publishing and Information Cases is a court competent to resolve disputes arising out of the right to expression by publishing and the media. Based on the principle of specialization in work, the Supreme Judicial Council in Iraq decided in July 2010 to form a court competent in the issues of publication and information, by his statement 81/s/a. On 11/7/2010 as this decision represents a new and important step taken by the Iraqi judiciary in responding to the developments and new needs witnessed by the Iraqi society, which witnessed a major expansion in the sector of journalism, media and publishing, which occurred a qualitative leap and quantity after the change that occurred in 2003, Therefore, in order to highlight the court of publishing and information cases, the study necessitated the division of the research into an introduction and four sections. The first section deals with the definition of the court of publishing and information cases, and in the second section the justifications for the establishment of the court of publishing and information cases. Dissemination, information, shortcomings and conclusion included the most important findings and recommendations.

The responsibility of the Occupying Power to compensate for civil damages

Salah .R.Mohammed; Ali. A.Ghaaib

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue Issue 26 part 2, Pages 291-327

The rules of public international law emphasize the principle of the prohibition of the use of force in the domain of international relations and even the threat of its use, since this principle has become a firm customary principle and is no longer limited to the States parties to the U.N's Charter, As opposed to what prevailed under traditional international law, where the war was legitimate and did not entail international responsibility as long as certain rules that prevailed under traditional international law were observed.However the use of force in the exercise of the right of legitimate defense and its use in application of Chapter VII of the Charter, namely, the use of force may not be used, Outside of these cases, nor shall they be measured. Thus, any use of force outside the legitimate framework will establish international responsibility toward the State which has suffered damage as a result of this act .