issue 40 part 1


The theory of the transformation of the false criminal procedure (a comparative study)

Muhammad Abbas Hamoudi Al-Zubaidi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 1-29

The root of idea of conversion in procedural behaviours and actions extends into Romanian legal thought, which know the idea of conversion; praetor contributed with an important role in its spread. Because of that, many of laws affected included French and Egyptian law, where it becomes a general theory within the modern law theories in the objective and procedural filed. That was with intent reducing of the formalism and facing the practical needs with consideration of achieving justice. Indeed, the idea of conversion was knew by the Egyptian legislator in the field of the objective law, firstly. Where it mentioned in legal section (144) of the civilian law no. (131) in 1948. Then, the legislator transfers the idea into the field of procedural law, where the legal section (24) of Egyptian civil and commercial pleadings law no. (13) in 1968. The subject that in it the idea of conversion in Egyptian legislation had objective legislative cover and procedural (formal). For activating the idea of conversion of criminal procedure in Iraqi law to accelerate procedures of criminal case, and because of the Iraqi legislator did not take the idea of conversion except in the field of objective law where the legal section (140) of civil law no. (140) in 1951. As a foundation on that the hypothesis concept of this research based on (indeed the absence of the idea of conversion in the Iraqi procedural laws does not mean it is invalid, because it is a one of the items of the general legal regulations. The researcher goes to invite the Iraqi legislator to make the law of civil pleadings included with a similar text to that the Egyptian legislator used in civil and commercial pleadings law. Then, to proceed after it accepted from the judgment of the first section of the Iraqi civil pleadings law, which made this law as a reference to all of the pleadings and procedures laws into actions of the idea of conversion of the criminal procedure in the field of law of origins of criminal trials.

Legal arrangement for scientific promotions in Iraq (Evaluation Analytical Study)

Wafa Abdul-Fattah Al-Nuaimi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 79-107

The subject of scientific promotions is one of the renewed topics in the jurisprudence of administrative law, due to the multiplicity of legislations that dealt with this topic, and the diversity of provisions according to the educational and academic system adopted by each country separately, and considering the importance of this topic, we find that the Iraqi legislator issued many legislations that regulate the scientific promotion For the university service employee, including the Ministry of Higher Education and Scientific Research Law No. (40) for the year 1988 and the National Higher Education Law No. (25) for the year 2016, and the instructions for scientific promotions No. (167) for the year 2017, so our research tagged (The Legal Organization for Scientific Promotion in Iraq) cameTo shed light on the objective and procedural provisions of the scientific promotion, and try to evaluate the wrong jurisprudence that accompanied this topic and in a way that leads to keeping abreast of the scientific promotions of the developments taking place in the global collections and other other detailed provisions.

THE LEGAL VALUE OF IRAQ'S JOINING THE STATUTE OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW "HCCH"

Zeena Hazim AL-Jubory

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 108-141

The Hague Conference of Private International Law is a global intergovernmental organization in which different legal traditions are fused. It develops personal, family and business attitudes associated with more than one common country in the world, and builds bridges between different legal systems, by adopting special rules known as “Rules of Private International Law”. The conference’s legal mission is to work for the “progressive unification of the rules of private international law” by creating internationally agreed rules regarding international jurisdiction, applicable law, and the recognition and implementation of foreign judgments in a wide range of areas of law from commercial and banking law to international civil procedures, and from child protection to issues of marriage and personal status, and Iraq today is considered one of the countries seeking membership to join the basic system of the Hague Conference on Private International Law.

Electronic Administrative Contract Disputes Under Smart Management

Alia Ghazi Musa

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 141-161

The various countries have developed the performance of public administration of their services to the public of citizens by utilizing information and communication technology. The technical and modern means of electronic contracts have been introduced, and the importance of the subject in the establishment of electronic administrative contracts by government agencies has been developed as a means of exchanging and transmitting data and electronic correspondence. The development of the work of the administration on the subjects of administrative law, including the theory of administrative contract, if we know that the administrative law has fixed rules governing the administrative contract, can be applied to the electronic administrative contract 'in addition to the statement What are the means of dispute settlement in the context of electronic and administrative contracts Do you agree with the administrative arbitration contract philosophy and contact with the public facility In order to address these problems, the research topic was divided into two sections: the first to explain the nature of the electronic administrative contract and its characteristics, the second to show the impact of the implementation of the contract and the means of settling the disputes arising from its implementation.

The role of multinational corporations in enforcing the rules of public international law

Basher Sabhan Ahmed

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 162-183

One of the most important needs of public international law is strengthening the mechanisms for implementing its rules. Here lies the importance of a positive role of multinational companies that are utilized in this matter, although multinational companies are not persons of international law, but international practice confirms that they play a positive role On its own sometimes in the implementation of international obligations, therefore the international community, especially the United Nations, should organize the work of multinational companies in the form of international agreements bearing binding, organized and developed rules for the work of these companies due to the increasing role they play, and the international community should strengthen the role of multinational companies. By giving it a role in concluding international treaties that affect its activity, by giving it an opinion and inviting it to conferences leading to the conclusion of those treaties.

THE ROLE OF THE UNITED NATIONS IN THE DEVELOPMENT OF NATIONAL CONSTITUTIONS

Wathiq Abdul Karim Hammoud; Khaled Ahmed Matar

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 184-210

The United Nations has an important role in drafting the national constitutions of some countries, especially the countries that have emerged from the conflicts in which they were taking place. The United Nations Organization provides countries that request assistance in drafting their new national constitutions, all means of assistance, whether financial, administrative, logistical and other means. The types of assistance necessary for the proper success of the constitution-making process, and the United Nations aims from this assistance to work to achieve peace and security in these countries so that this will be reflected on the global system as a whole. The United Nations also intervenes in order for countries to be based on a solid and comprehensive constitution for all. It protects human rights and the rule of law and preserves their rights for all .

Legal scope of the right to privacy

Avan Abdulaziz Reda

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 211-252

The right to privacy is a relatively recent term and is synonymous with the term private life. However, legal jurisprudence differed in defining the elements within its scope, so an attempt was made to include some things within the list of values given by the idea of the right to privacy, by extracting the elements agreed upon by opinions. Conflicting about determining the content and scope of the right to privacy, and as a result of the jurists’ differing in determining the scope of the right to privacy, the legislation differed in that as well. Therefore, in this study, we will try to present a set of legal problems that require answering, such as determining the legal scope of the right to privacy? What are the elements agreed to be included in the scope of the right to privacy? What is the position of comparative legislation on that

The nature of the relationship between the Security Council and the International Criminal Court within the scope of referral and postponement of procedures

Taher Khalaf Salim

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 253-272

After the negotiating parties included the texts regulating the independence of the International Criminal Court and the articles specific to its relationship with international organizations in general and the United Nations in particular, it became necessary to determine the nature of that relationship between the executive organ of the United Nations, the Security Council, and the court, knowing that the nature of each is different from the other, as the Court is a body Judicial, while the Security Council is a political body, although there is a qualitative rapprochement between them in that the main purpose of each is to maintain international peace and security. A hypothesis arises within the scope of the study that the relationship between the court and the council according to the articles of the system is one of subordination at one time and one of control and mutual cooperation at other times. The court and the court and between the Security Council.

To harmonize the achievement of criminal liability for moral persons and persons enjoying immunity between Iraqi legislation and the United Nations Convention against Corruption

Ibrahim Shakir Mahmood; Oday Tulfah Mohammed

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 273-301

The personal morale and the privileged figures have become a reality in our modern world, and we are not exaggerating, as we have said that they occupy the top rank in the institutions of society. Therefore, criminal legislation has tended to recognize the responsibility of these personalities, which varied between civil, disciplinary and criminal responsibility. As these characters have become engaged in activities and activity no less dangerous than the activities practiced by ordinary individuals, we note the acceleration of national legislation and international conferences in the legalization of the work of those characters and to ensure that it performs its work according to what is useful and useful to the communities, The international conventions that focused on the responsibility of moral persons and persons enjoying immunity of any kind are the United Nations Convention against Corruption. Through our study, we will highlight the compatibility of Iraqi Legislation The provisions of the Convention in achieving the criminal responsibility of those people.

The privacy of earing without cause is a source of obligation Comparative Legal study

Haseeb Saleh Ismael

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 302-322

Legal systems and ideas confirm that there is a legal reason to gain personal and real rights, and that there is no right without a source for it, and in return, civil laws and legal jurisprudence do not approve of an gain that does not have a reason. The research has clarified what is the gain due to a legal reason and the gain without a legal reason. The gain of the right, whether personally or real right, may be due to a legal reason that has a source from the sources approved by civil legislations with its ability to gain rights through it, the gain may not have a legal reason, which entails an obligation on the acquirer to return the right to its owner in proportion with the loss he suffered, which most civil law regard it as a source of obligation. This research aims to study the specificity of earning without reason as a source of obligation given the existence of several differences between it and the rest of the sources of obligation, which results in the difference in some legal provisions in addition to studying the legal texts related to them and their applications.

((EMPLOYEES STRIKE: BETWEEN A CONSTITUTIONAL RIGHT AND AN ACT PUNISHABLE BY LAW)) A COMPARATIVE ANALYTICAL LEGAL CONSTITUTIONAL STUDY, WITH A FOCUS ON THE IRAQI CONSTITUTION AND LAW"

Sheet Mustafa Khudhur Kakashin

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 323-383

movements and the workers ’struggle for fairness, when his rights are taken away and there are difficulties in his work conditions, so he demanded to recover them and improve working conditions. That is, the strike to force the management to respond to his legitimate demands, and that step was met with force and criminalization, and after a long and bitter struggle with employers and the ruling systems, the strike was approved as a right. The constitutions of many countries have stipulated that strikes are a right and laws have been issued that regulate the work of workers and recognize it as a right for him to exercise it by peaceful means. Global, regional and international, it is not easy for state governments to overlook it, and in other countries everyone has practiced this constitutionalright. However, the issue of recognition of the right to strike in other countries was limited to the category of workers in the private sector, without translating that order into the inclusion of another group, which is the segment of employees, who were denied the exercise of this constitutional right due to their position in the work regulated by public law under the pretext that the functioning of the public facility is stopped regularly and Increasingly, and for this, everyone who does it criminally and administratively is guilty. Accordingly, a contradiction appeared between what was decided by some constitutions and what was previously legislated, and comparative law jurists succeeded in lifting it. Strike, under certain conditions and by peaceful means, taking into account ensuring the regular and steady functioning of the public utility, The comparative judiciary supported that with its decisions, and considered it a failure of the parliament to organize it that does not mean sacrificing the right, especially in countries that signed international human rights agreements, including Egypt and Iraq, and these agreements became their domestic law to be applied and which abolished the law that was criminalizing it, and thus the right to strike became an effective means of claiming rights For all, including employees, the strike is no longer a crime punishable by law.

Criminal confrontation to combat corruption in light of Iraqi laws and regulatory bodies

Raad Tohme Awwad

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 384-410

The phenomenon of administrative and financial corruption is one of the most dangerous phenomena facing countries, especially developing countries, including Iraq, which results in paralysis in the process of construction and economic development, including the destruction of the economy and financial and administrative capacity and its repercussions. The impact on the societal structure and the welfare of society, and the emergence of the phenomenon of corruption at the internal level, and it is necessary to confront it with the national legislative system by international means represented in enacting internal laws and joining the conventions and organizations concerned with combating it. Corruption, and this corruption is like a huge iceberg at the bottom of the sea, from which only the top appears, that is, what is discovered. In the eighties of the last century, its degrees intensified in the nineties, as a result of the economic sanctions imposed on Iraq, in which the living standards of citizens and employees declined very dramatically, forcing some of the weak-minded to seek refuge. To practice corruption in order to cover the usual expenses of their lives, and after 2003 corruption became a normal phenomenon in addition to the weakness of the roles played by the supervisory authorities such as the Financial Supervision Bureau or the Integrity Commission and the offices of the Inspectors General before its abolition, as well as the penal provisions contained in Penal Code No (111) for the year 1969 and its amendments, the Integrity Commission Law No. (30) of 2011, and the Anti-Money Laundering and Terrorism Law. Finance Law No. 39 of 2015 and Central Bank of Iraq Law No. 82 of 2017, despite the announcement by successive governments of their fight against corruption, and therefore it is difficult for the government to eliminate it permanently, as this amount of corruption and its methods have penetrated the corridors of ministries in Iraq to be a cause key to activate scripts. He urged the supervisory authorities in all ministries to play their role in combating the phenomenon of corruption. Corruption The fight against corruption by the regulatory bodies is a vital issue in the political and economic systems in all countries of the world, including Iraq, where it has established oversight bodies that have dealt with this scourge rooted in the societal structure since its establishment. The modern Iraqi state in 1921 and the diversity of its development and influence on the political structure of the successive Iraqi political regimes. Along the way until 2003 and the subsequent fall of the political system, the establishment of a pluralistic democratic political system, and the adoption of a permanent constitution in 2005, the new system faced many challenges that differed in their severity and gravity, and corruption was one of the most important of these challenges, and that one of the most important Corruption risks at the local level wastage of public money and misallocation of funds. Resources and possibilities for development in local units, inefficiency of public services provided to citizens, poor climate investment, and low economic growth. Many researchers and scholars have classified corruption into a number of behavioral forms and manifestations .

The constitutional rights of parents "A study on the basis of the Constitution of the Republic of Iraq for the year 2005"

Ahmed Fadel Mohammed Al-Saffar

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 411-431

God (Almighty) has imposed the greatest rights and enjoined the highest levels of respect for parents, because they represent a great role in raising children and building the nucleus of a good family, which in turn contributes to the goodness and interest of society.From this point of view, the Iraqi legislator attached importance to the parents and imposed on them constitutional rights over the children that are consistent with their great status.

Acceptance of the representative risks of the performer - the actor - and its impact on civil responsibility A comparative study

Dlawar Saleh Mahmoud

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 432-463

Acceptance of the representative risks of the performing artist” the actor" is the material, physical or moral loss that may be sustained by the actor as a result of his performance fulfilling his obligations under the contract concluded between him and the director , and accepting these risks undoubtedly has an impact on the civil liability of the director; consequently , the rights of the performing artist”actor" which are represented in compensation arising from the damages suffered by the actor , regardless of the damages material.

Peaceful coexistence towards an approach to reject hate and its discourse

Rana Ali Al-Shujairi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 464-481

Between respect for diversity, pluralism, difference and human understanding of the other, partner in the homeland, differing in belief, or other in nationalism, hate speech incites a state of rejection, exclusion and marginalization towards the other, by perpetuating discrimination and undermining basic rights - such as justice, equality and freedom of thought - and incitement to violence and extremism And in a way that leads to the withdrawal of the other from public life and the cessation of playing a positive role and replacing it with a negative role, causing more rifts and schisms, civil wars, separatist calls, and eroding political stability.

The Role of Domestic Law Principles in the Development of International Law

Issa Mahmoud Obaid

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 482-505

International law may be exposed to legal loopholes that express areas in which the law is not sufficient to rule the case, which raises the possibility of resorting to the general principles of law, as a distinct source of international law based on the presumed will of the majority of countries, as it expresses the general trend of commitment to what is included in legal systems .It is a rule of law, and thus can become a part of the international legal system. And that is after acknowledging it as a source, which is preceded by its recognition by the general local systems of countries, and thus it contributes a prominent and important role in developing the rules of public international law in general, and international criminal law in particular. It is applied, in particular, by the internal judiciary to individuals when they commit crimes internal or of an international character, and then it can be transferred to the scope of the international judiciary in order to extract international rules from them based on the general trend in the criminal legislation of different countries

Judicial oversight of the proportionality between crime and disciplinary punishment

Mustafa Rasull Husain; Rezan Saeid hama Sharif

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 506-531

Proportionality in the field of disciplinary punishment means a restriction of the freedom of the disciplinary authority to impose punishment. The penalty shall be unlawful if it exceeds the reasonable limit, and the administration must impose the penalty in proportion to the act committed in violation of the law by the public servant. And the discipline of the public servant is one of the important matters in the field of civil service, as it is an effective way to prevent the employee from being negligent in performing his work and putting an end to the mistakes committed by him. Chief among them is judicial oversight. The principle of proportionality is considered one of the general legal principles, the administrative judiciary monitors the behavior of the administration when it imposes a disciplinary penalty and the extent to which the proportionality between the act committed and the imposed penalty is achieved. This oversight is considered an important guarantee of the guarantees established for the public employee, and it is one of the necessary principles to achieve the principle of legality that requires respect for the law. The administrative judiciary abolished the penalty because it was not commensurate with the act committed by the employee.

The impact of intellectual trends on political rights and the origins of the system of government in the constitutions of Islamic countries (a comparison between Iran and Egypt) Quoted)

Abed Khaled Rasool; Najmuddin Faris Hassan

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 532-577

The research presents a main hypothesis, that intellectual trends have a significant impact on the definition and classification of political rights and the origins of the system of government and their formulation in the constitutions of Islamic countries. The different intellectual trends in terms of content apply political rights and the principles of the system of government in the constitutions of Islamic countries. It is the product of the transformation and change of societies in terms of social, cultural and economic terms, with the transformation and intellectual progress in them, and their formulation according to their societies.

Trends In The International Law Of Electronic Espionage Quoted

Talaat Jiyad Legy Al Hadidi; Saad Ahmed Medan Al-Mafraji

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 578-620

الجوسسة فی زمن السلم قدیمة قدم البشریة, اما الجوسسة الالکترونیة فإنها تماماً مثل نظیرتها التقلیدیة, تنطوی على عملیات اقتحام غیر مصرح بها, ویتم استغلال على سبیل المثال نقاط الضعف الامنیة لکی تتجاوز الخوادم المشفرة والوصول الى البیانات التابعة للدول والشرکات والسفارات والوکالات الحکومیة وحتى الافراد, واحد الاختلافات الرئیسیة عن الجوسسة التقلیدیة هی الاستقلالیة الجغرافیة والمادیة العالیة التی تتمتع بها الجوسسة الالکترونیة, ذلک یعنی انه فی حالة الجوسسة على بیانات وکالة تابعة لدولة اخرى ؛ لیس هناک حاجة الى وجود شخص مادی او جهاز فی الحالة المستهدفة, ویستخدم بدلاً من ذلک الاوامر الصادرة من ای مکان وبالتالی یمکن ارتکاب اعمال الجوسسة الالکترونیة بغض النظر عن حدود الدولة . Espionage in peacetime is as old as humanity, and electronic espionage, just like its traditional counterpart, involves unauthorized intrusions, and security vulnerabilities are exploited, for example, to bypass encrypted servers and access data belonging to countries, companies, embassies, government agencies and even individuals, one The main differences from traditional espionage are the high geographical and physical independence that electronic espionage enjoys, which means that in the case of espionage on the data of an agency of another country; There is no need to have a physical person or device in the target state, and instead uses orders issued from anywhere and thus electronic espionage can be committed regardless of state borders.The emergence of electronic espionage has changed the picture and turned to espionage with economic motives as it is related to national security, and the current reality in which countries live has proven that information at times has a degree of confidentiality required, which results in its circulation, theft, tampering, transmission and spread of a kind There are risks, and the importance of this information varies, as not all of them are of equal importance, because if some of them are transmitted to others, they will result in severe damage. Computers backed by electronic infrastructure located within the territory of another state lead to a violation of the rule of territorial sovereignty, and it is also a violation of the principle of non-interference in the internal affairs of states, regardless of whether that electronic infrastructure is operated by state agencies or private actors, and therefore The rule of regional sovereignty provides an important and powerful source of legal protection against electronic espionage.

Methods of international organizations in peacebuilding operations Quoted

Burhan Ali Muhammed; Andam Jihad Jabbar

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 621-649

The topic of the methods of international organizations in peace building operations discusses a range of efforts and methods that international organizations undertake with local governments and conflict parties on the one hand, and on the other hand with international, regional and local organizations in a joint cooperative framework, and international organizations differ in terms of competence, work mechanisms and service provision. However, they share a framework of complementarity of roles to achieve one goal, which is to activate peace building arrangements in post-conflict areas within the framework of supporting peace building in pursuit of international peace and security.