Volume 7, 25 part 2, Spring 2018, Page 1-395

Disclosure of the secrets of the job between criminal and disciplinary responsibility (comparative study)

Yasir.M.Abdullah; Kanan.M.Mahmmod

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 1-19

The obligation of the public employee to preserve and keep the secrets of the public service is one of the most important duties and duties of the public employee, in order to relate to the interest of the administration and its general system and to the smooth and steady functioning of the public service. On the one hand, the preservation of the secrets of the job is also a respect for the rights and privacy of individuals. The disclosure of secrets is thus a major problem, because it has implications both for the administration and for individuals.
Accordingly, we considered the division of this research into three questions in the first of it is the meaning of the responsibility and its conditions. The second is where we examined the nature of the secret of the job and the basis of the employee's commitment to it. The third dealt with the punishment that may be imposed on the disciplinary officer as well as criminal.

The Legal Basis for Third Party Entry into Counter-Contracts (Quote)

Muhand.I.Alfandy; Deaa.H.Algader

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 20-64

Trade contracts are one of the most important contracts in international trade contracts at the recent time because of their great economic benefits and the benefits accruing to the State in applying this approach in its international trade. It is also worth noting that the opposite contracts of trade have several forms that the state can apply to, (Barter, counter-purchase and repurchase, as well as replacement by direct replacement and indirect replacement), which requires a legal regulation specifying the rights and obligations of the parties to such contracts and the penalties resulting from their failure to implement As well as the possibility of entering a third party in these contracts to serve as a party in the performance of its obligations in the second contract (the corresponding contract) and to discuss the legal bases that could explain the entry of this party to serve as a counterpart to the opposite trade contracts.

Constitutional Organization for the Presidency of Age in the 2005 Constitution of Iraq

Aekab. A. Mohammed; Maher.F.Salih

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 65-93

The issue of the head of age takes a great deal of importance, which comes from the importance of the legislative authority itself. It is the representative of the people and the authority is exercised on its behalf as the source of authority and the basis of its legitimacy. The legislative authority is one of the main and important authorities in the state, And financial, they are legislative through the enactment of laws as well as making amendments to the laws in force, and control through means, including the questions and interrogations and investigation and finally the political responsibility of the Ministry, and financial through the ratification of the budget can not power the Authority It is necessary that the head of the legislative authority should have a person who has the means to qualify manner that meets the aspiration and aspiration of the people with the real authority. post of interim speaker of parliament, or so-called head of the age, in preparation Representatives, when the composition of the Council is completed. Who is the head of age and what are his conditions? What are his tasks .

The Legislative Role of the US President


Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 94-128

The election of the President of the United States of America directly from the people makes him representative of the people and gives him the right to speak on his behalf and express his will, and derives his influence from the Constitution and be the head of state and prime minister at the same time. The US Constitution gave all legislative powers in the federal government to Congress, According to the Constitution, to start the legislative function without any contribution or participation from the executive authority, but the political and economic conditions have given the American presidents legislative powers, and this is what we have studied in this research on two topics:
The first is the legislative powers of the American president.
Second: the authority of the American president.

Formal and objective conditions for the validity of penal provisions (comparative study)


Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 129-171

Human justice is not absolute justice, it is relative justice. The judge, although fair, is exposed in his work to error and right. The trial stage is one of the most important stages of the criminal case. This stage is the conviction of the criminal judge based on the evidence before him. , And because the importance of the criminal case does not stand at the parties, but that in the field of criminal action, we face an issue that concerns the community in general.
This study was conducted according to three demands: the first, is the concept of penal rule, the second, is the formal requirements for the validity of the provisions, and the third is the objective conditions for the health of the rulers, ie, the parts of the penal judgment.

Disciplinary Responsibility for Misuse of Traditional Medicine(Quote)

Halima.B.Korsha; Asmaa.I.Aljubory

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 172-201

The use of traditional medicine during this century has witnessed widespread popular demand, and many private or public centers are currently offering traditional treatments. At the same time, many users and researchers called to frame the use of this medicine within a specific legal professional framework. Especially with the lack of this medicine to scientific and clinical evidence that prove its efficiency and effectiveness. As well as the risks that may accompany its practice, since it relies on natural sources to provide its treatments. Which opens the way for increased cases of misuse of these treatments by practitioners.
In general, medical boards exclusively decide, through application of health laws, the disciplinary liability of licensees for their offenses based on the provisions of the laws of practice or medical liability. The decision on the side of civil and criminal liability for such offenses and other cases of malpractice shall left to other laws by jurisdiction. However, some of these councils considered the practice of doctors for traditional medicine to be a matter of malpractice and required disciplinary liability.
Although the definition of medical work in health legislation did not restrict a practitioner to a particular therapeutic method. We therefore suggested that medical boards should include traditional medicine practices within the concept of medical work to frame the legal performance of such practices. In light of this, the requirement from doctors should have entered to professional organization of traditional medicine and adherence to its standards of practice.
As for the Iraqi position, we believe that professional reform should focus on developing a policy for the practice of traditional medicine. First, these types of medicine should organized independently from the practice of modern medicine. After professional organization of practice this medicine, legal reform undertakes the task of transitioning to the independent legislative organization of traditional medicine. Where the current legislation of traditional treatments has been weak because of the absence of a professional role, and thus the control of framing the limits of practice these treatments. Thus, current regulatory provisions is inadequate to face malpractice cases of these treatments.

The most appropriate political system of governance in Iraq


Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 202-239

The political subjects especially those regarding with the political regime have been paid much attention by specialists in law generally and the constitutive law specifically, because those subjects deal with the way and ideology being practiced by the ruling parties in the country.
The variety and diversity in democratic systems such as direct democracy, semi-democracy and a non-direct democracy(Representative) have no limit but also include the representative systems categorized into presidential and parliamental regime and coalition government.
Having a look at the ruling political regime in Iraq, it appears that the Iraqi constitution has stated that it is a representative regime (Parliamental),but the constitution, in its other articles, contradicted the fact of the principles on which this regime has based, which imposes the explanation of the fact of the political regime applied in Iraq from one hand, and attempting to find a political regime, considered the best, for ruling in Iraq at the present time from another hand.
Thus, we have dealt with our research entitled (the suitable political regime in Iraq) within three sections:
-The first section: It deals with the definition of the political regime and shedding light on the different kinds of the political regimes.
-The second section: It deals with the view of the Iraqi constitution about the representative and parliamental regime through dividing it into two parts: in the first part, we explained the agreement of the articles of the constitution with the representative and parliamental regime, while the second one deals with illustrating the disagreement of the articles of the constitution with the parliamental regime.
-The third section: Through which we suggested the best political regime , according to our opinion, in Iraq.
We ended our research with an epilogue consisting of conclusions and suggestions.

The crime of slipping between the provisions of the Penal Code And Islamic criminal legislation

Hashim.M.Alghashiy; Anas.M.Aljubory

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 240-275

The one who looks into the mind of the crimes classified by the criminal Islamic within the limits legislator, believes that it has embarked on in order to protect the fundamental interests, which can not be of any society at any time or place, be straightened his command and Tnsaleh conditions of only protecting and defending them, and most of those interests protection of human beings in the same money and honor not to mention the right to live safely without terrorism does not intimidate, but that the fight against behaviors that underlie crime is inevitable and an introduction is necessary to protect the security and stability of society as a whole, and it will not be only through a revision of the philosophy established by the legislator Iraqi criminal policy of lenient in the face of those social scourge and destruction associated with them in terms of criminal sanction, and then adopt an effective criminal policy is based on the philosophy explicitly criminalize all behavior is linked to the crime unequivocally, and impose deterrent penalties against those who guided behind the impulse driving the behavior of their way, It is encouraged to follow the criminal legislator Iraqi and other Arab lawmakers footsteps of Islamic criminal legislator in this regard

Prohibition of recruitment of children during armed conflict Exempla – Electronic recruitment(Quote)

Salah.H.Alazy; Salwa.A.Maydan; Nuha.A.Ahmad

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 276-317

With the rise and intensification of recent conflicts, children are increasingly exposed to many violations, and even to those areas that are not the scene of such conflicts, Where the parties resort to robbing children of their innocence, childhood, rights, and subjected to murder, mutilation, rape, kidnapping and trafficking to the most serious of these violations by recruiting and putting them on the battlefields as soldiers who play a direct role in the fighting and soldiers who play indirect roles in it, Different in the methods of recruitment to move them modernity by the technology of communication and tools to monitor the ways to reach these children, In this regard, the role of international law is reflected in the elaboration of the international legal rules necessary to deter those involved, since the various branches of the Court have included texts, In this regard, the role of international law is highlighted in order to establish the international legal rules necessary to deter those who do so, Which included various branches of children to special protection agreements and treaties touched on the prohibition of recruitment during conflicts and in peace as well as, It did not stop there but international law has tried to follow the developments witnessed by the international community by technology in order to reach the prohibition of recruitment, which is provided through the tools of communication technology modern even if his steps in this way are slowly moving compared to the speed of technology.

Remember the mind and its impact in the development and organization of society


Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 318-365

The research is focused on the importance of preserving the mind because God created man in the best of the stature and gave him the blessings to enjoy them unless he enjoys other living things and distinguished them because of their high and volatile position at God Almighty, gave him eyes to look, and ears to hear, tongue to speak, and hands to possess and help, and the two walking, and these qualities are all common qualities with the rest of living beings, but God Almighty distinguished human mind, to distinguish between right and wrong, good and evil, Misguidance and humiliation No man's land, and men and women, and only through use of mental process in solving problems, God Almighty has given the ability and the enormous ability of the mind to recognize and extrapolates and discovers the right and move the research to discover other facts that had not seen the others .
Therefore, God Almighty cares about the mind as one of the special rights of man and the benefit of his use in the right way is for himself and benefit from it to others by bringing benefit to them and avoiding harming them. Therefore, God commanded the preservation of reason to serve the public interest as one of the necessary interests for the preservation of man .

The power of a member of the judiciary in the crime of customs (Mstal)

Yasir.M.Abdullah; Marwan.H.Ahmad

Journal of college of Law for Legal and Political Sciences, 2018, Volume 7, Issue 25 part 2, Pages 366-395

Peppered customs law on customs management personnel status of judicial police members within the limits of their competence and authorize customs officers recipe judicial control does not mean that they have the only direct right of its powers in connection with crimes committed in violation of the law of customs, but that these rights and duties granted originally to the members of the judicial police with general jurisdiction whose numbers legislator in Article(39)of the Criminal Procedure Law No. (23) of the 1971 average.
We also members of the judicial officers of the customs administration officials broad powers related to investigating and collecting evidence, and their powers within the scope related to the investigation of arrest, inspection or an investigation in certain exceptional cases, if the primary investigation of customs crime measures from the jurisdiction of the investigation, investigators judge, and the customs crime is one of the economic crimes that are not of its own legislator special provisions in the investigation or dispose of it, and then the investigation and are being disposed of in accordance with the provisions of the Code of Criminal Procedure .