Volume 11, Issue issue 40 part 2, Winter 2022

Prcedural necessity in the civil procedure law (An analy tical stady)

Zeyad Mohammed Shahadah AL. Harithi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 1-30

The procedural necessity is alegal case of the making of the legislator, which is referred to explicitly or implicitly in the civil procedure law. In addition to achieving it in addition to being a mens of preventing remuneration the malter that negates this idea is the availability of condition the most prominent od which is that the legistator stipulates them, either explicitly or implicitly and that it rerifies the necessity in the law of pleadings litigation proceedings just as adopting this idea will undoubtedly have five effects whether negative in it and its impact on the judicial juris prudence or the growth of the between phenomenon in litigation as well as the position effects such as active the superior role of the judge and reaping it from falling under personal pain.

Mechanisms for activating cooperation in Iraqi-Chinese relations

Amer Hashim Awad

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 31-65

The discussion dealt with activating the mechanisms of Iraqi-Chinese cooperation, based on the many motives that push the two parties to adopt cooperative relations at the strategic level.China always welcomes Iraq to establish long-term relations with it, and this interacts positively with China's project or strategy for the current century called the Belt and Road, and also greatly serves Iraqi interests, if we take into account the great international standing that China has acquired in the current century and is nominated because Leading the world after two decades or more.However, one of the things that will continue to hinder this is the American attempts to abort that, and we have in the late completion of the construction of the Grand Port of Faw a clear indication that there are those who do not want Iraq to develop or develop its international relations with parties that the United States considers competitors.The Iraqi decision-maker is greatly required to go to China to activate the Strategic Framework Agreement that he signed with him, and when I was present at the Security Conference in the Middle East that was held by the Chinese Institute for Studies in cooperation with the Chinese Ministry of Foreign Affairs for the period November 27-28, 2019, the reasons for the delay in the transformation were presented. To the joint cooperation strategy, the Chinese said that we have done so constantly and we hope the Iraqi side will take this decision, and others should understand that we do not compete with them as much as we have development plans directed to friendly countries and that China does not have any ambitions for global domination, as it is still a country that wants growth.So,If the economic side has achieved excellent leaps in the size of the financial return, then we urgently need to expand other forms of cooperation, so we need to open larger commercial attachés, and we also need to strengthen the role of the cultural attaché, which I found very weak during my presence there in 2015, as well as expanding all areas of cooperation.

Provisions of civil liability resulting from encroachment on state lands - the Kurdistan Region of Iraq as a model

Hajar Jamal Yassin; Hushang Farzanda Junkier; Yassin Ismail Abdullah

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 66-91

There are many cases of construction on state lands, and the construction of these buildings entails deducting large areas of state lands, and there is no doubt that these works are considered one of the most important reasons that led to the deterioration and sabotage of the state’s infrastructure. In addition, these actions cause delays in the implementation of planned state service projects or prevent their implementation. What is happening in Iraq in general and the Kurdistan Region in particular, the seizure of state property and the commons and the resulting appropriation of large areas of state lands and the phenomenon of illegal construction on them, which is constantly increasing, threatening to swallow large parts of state lands, so it is from a legal point of view The Iraqi legislator originally prohibited encroachment on state lands, and obligated the competent authorities to remove it, and considered the act of transgression to be a legal violation and conferred upon it a penal element. The study identified the most important measures taken to limit illegal construction on state lands contained in Law No. (3) of 2018 (the Law to Prevent and Eliminate Encroachment on State Lands in the Kurdistan Region - Iraq) and some comparative laws, in order to prevent the phenomenon of abuse and to stand firmly to limit From this negative phenomenon.

Criminal responsibility in crimes of failure to perform public duty (An exception to the principle of personal punishment) comparative study

Ahmed Hussein Salman

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 92-129

A person in his life performs different types of actions and actions, And he proceeds with these actions by his own will, so the basic principle is that things and actions are permissible, Therefore, he performs many actions related to his daily life, but this is not to be released There are many acts that, if committed, are considered criminal and deserve punishment for doing them because they are prohibited and harm the higher interest of society, A person’s behavior and behavior may take the form of a positive action, It may also take the form of negative behavior or refraining from a positive act imposed by the legislator and a penalty for those who refrain from doing it. The crime of refusal that is criminalized by various criminal laws, It has received great attention from Islamic scholars, This is due to the ethics and humanity of Islamic Sharia Which refuses to be cooperation and synergy between members of society Decided in specific cases Decided in specific cases, as did positive law as did positive law However, Islamic law stipulated that cooperation should be in all aspects and multiple areas of life.

E-learning at universities in Iraq from the legal perspective

Ali Finch Muhammad

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 130-140

The Corona pandemic has caused the disruption of work in departments of the state including educational institutions, as the Coronavirus is spread and transmitted through contact according to the reports of the world health organization. As a result of it, many countries which affected by corona declared a state of emergency, and governments have taken many actions to confront the corona epidemic including imposing curfew and suspension of work in state institutions and disruption of educational freedoms at all levels; universities, schools and kindergartens. In order to ensure the continuation of the education, the ministry of higher education and scientific research has instructed universities to adopt e-learning as a means to complete the curriculum for the current academic year. Indeed, e-learning has been practiced through social media according to orders 2059 of 3/28/2020, and 2022 of 3/29/2020 issued by the Studies and Planning department and research and development department. The ministry has given the choice to universities to select the site that provides communication with the students. It should be noted that the Act of the ministry of higher education No. (40) of 1988 and the regulations relating to education were drawn up in a way that suits traditional or direct education, in addition there is a jurisprudential view believes that electronic education forms a violation of the constitution and the law. This study discusses the legal perspective of e-learning to see whether these regulations are compatible with e-learning.

The Media War And Its Impact On The International Environment


Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 141-177

Because of technological advances the importance of media has escalated in shaping the world public opinion and drawing international policies so that media has got a role in peace and another in war. Its role is being implemented at two levels: the level of front fighting in the battlefield, and the second level: human minds and hearts through propaganda and psychological warfare. As a result, a change occurred in the international balance of power that favored the international powers that owned the largest global media institutions. The solid elements of power in the scale of the comprehensive capacity of the state retreated in front of the soft power that was able to achieve the goals of the comprehensive strategy at the lowest costs and the best results.

The crime of female circumcision within the criminal law (( Comparative study ))

Salam Moayad Shareef

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 178-204

Crime is not a recent phenomenon, but rather dates back to the first human society since Cain killed his brother Abel. Today, the atmosphere is full of tension after losing security and safety, and the legislation has dealt with the crime of female circumcision as a form of violence directed against the female, but it is still incomplete and needs a lot of modification, so research in this way has become an urgent need, which prompted me to choose it It is a subject of this study, because of its great importance, which is evident in the fact that it builds on the need to deal with this topic in a special way, as it is one of the sensitive issues related to the other half of society represented by women, and thus the study will be in Iraqi legislation compared to Egyptian and French legislation whenever possible.

Empowering Women with Political Rights

Suhad Abdul Jamal Abdul Karim

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 205-258

Nowadays, the concept of women's right to political empowerment is one of the new ideas that has been adopted by the United Nations to be a cornerstone of its development system. This concept means integrating women into the political decision-making process and the exercise of their human rights to ensure effective and influential political participation, The United Nations has shown great attention to women's political rights and intensified its international efforts to protect, promote and internationalize these rights. These efforts have formed many international conventions and conferences that focus on the equality of women with men, as well as the necessity for women to enjoy their human rights. As a result, they put in place a set of guarantees, obligations, and international mechanisms to empower, protect their rights and promote them, However, one can note that there is a huge gap between the international trends and the reality of women's political empowerment. Therefore, It is necessary to obtain societal and political help to support women's access to decision-making positions in their countries. In addition, to focus on women's actual practice of their rights based on the international conventions not only in the local laws.

The Role of the State in the Implementation of International Humanitarian Law

Sumaya fadhil abdullah

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 259-283

States are one of the actors in the implementation of international humanitarian law, which is one of the mechanisms working on the implementation of international humanitarian law as well as international organizations and, The ratification of the Geneva Conventions and the Additional Protocols is only a first step in the implementation of international humanitarian law. The implementation of its rules and their respect by all States parties, as well as non-state actors, requires the State to make further efforts in this regard. Effective mechanisms to ensure the implementation of international humanitarian law were one of the objectives of the Geneva Conventions of 1949, as well as the Additional Protocols of 1977. These mechanisms are interlinked between international mechanisms and national mechanisms. We will focus on the statement of national mechanisms and their effectiveness in implementing the law. International humanitarian situation in times of peace and war and its role in reducing violations of international humanitarian law.

The effect of professionalism on the civil obligations of the debtor

Ayad Jameel Kamal

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 284-308

The professional quality practiced by a certain group of those who practice professional activity and have sufficient experience and know-how that raises them to the level of professionals, which made the professional quality an important criterion. As a result of his technical and technical knowledge, which made the disparity between them clear, and therefore he made jurisprudence achieve a kind of balance between the contracting parties in order to protect the weak party who lacks sufficient know-how in his dealings with the professional debtor, and the balance is achieved by imposing some obligations on the professional debtor when contracting With the other party in order to protect him from exploitation as a result of his lack of know-how and sufficient technical expertise, and thus the effect of the debtor’s violation of his obligations may result in liability and that responsibility is assumed to be achieved by the professionalism of the professional debt, as well as the existence of a contracting association in addition to the realization of damage to the other contractor.

Conditions for proving the electronic administrative contract and the position of legal systems for evidence

Raed Awfi Hussein

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 309-331

The Internet is no longer just a means of transmitting data and correspondence only, but it has become a wide place for concluding contracts in various forms. The conclusion of contracts raises some legal problems, the most important of which is the problem of proof and what are the conditions to be met and the position of legal systems related to proof, where the scientific importance is that it aims to formulate a general theory By proving electronic administrative contracts Where the scientific importance is that it aims to formulate a general theory by proving electronic administrative contracts, while we have presented the conditions and requirements that must be met in contracts and electronic documents in order for them to be proof evidence. We have also presented the position of comparative legal systems. The organization of the evidentiary rules in order to suit the nature of the electronic document, while most of the legislations recognized electronic writing Iraqi legislator to organize the question of electronic preservation in a safe manner for all electronic documents Finally, we suggest that the Iraqi legislator issue a legislative regulation for coding that defines the rules governing the use of encryption means and

The role of the constitutional judiciary in achieving legal stability

Marwan Abdullah Abbood; Ali Ameera Abdulrhman

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 332-345

Stabilizing legal conditions is a complex process, as the law expresses the reality of society, which needs to regulate its relations and rule its ties, and that this legal system must be free of contradictions, as well as taking into account this system of reality and political, economic and social conditions in order to come balanced and harmonious The constitutional judiciary has an important role in achieving this stability by monitoring the components of legal stability and exposing the ambiguities of some texts.

The extent of Applying civil procedure law provisions Befor Administrative courts.

hussin talal mal alah alazawy

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 346-374

Jurists of the principles of law point out that the civil law was the origin and reference of all laws, then some legal rules regulating a certain type of ties were taken independent of it under different names such as the pleading law, the commercial law and the civil law, and also that the rules of judicial procedures followed before the civil courts were the origin of all the rules procedures, but various factors necessitated the establishment of new fundamental rules independent of those original rules with characteristics that determine the type of judiciary that organizes it and draws up litigation procedures before it, such as administrative procedures. From distinguishing it as a description attributed to the judiciary competent to organize its procedures, we say criminal procedures to refer to the procedural rules followed before the criminal judiciary, and we also say administrative procedures to refer to the fundamental procedural rules followed before the administrative judiciary.

The extent of the effectiveness of public order Against the International Commercial Arbitration Court


Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 375-425

Abstract: Public order is a very complex and indefinable idea. It is the safety valve for the internal systems of countries, and the national judiciary’s means of excluding everything that might prejudice the fundamental principles and foundations of the state. It is the national judge’s weapon in protecting Those fundamental political, economic, social and moral foundations prevailing in his country, but the matter is different if international commercial arbitration is resorted to to resolve international trade disputes. The arbitral tribunal or arbitrator does not guarantee the protection of the internal systems of countries, as all those national systems stand before them on an equal footing, because they are not subject to them, but rather are subject to the will of the parties to whom the dispute has been referred.And they work to respect that will and what was directed towards it in the arbitration agreement or the arbitration clause.Parties resort to international commercial arbitration due to the many advantages that arbitration enjoys in terms of speed and confidentiality of procedures and freedom to choose the applicable law.Since arbitration is considered a judiciary parallel to the state’s judiciary, countries have allowed to resort to it as a means of settling disputes in international commercial contracts in order to facilitate dealers in international trade, and this does not mean that international commercial arbitration enjoys full independence from the interference of the law and the judiciary in it.Arbitration is an agreement and therefore the objective and formal conditions must be met in it. In addition to the procedures carried out by the arbitral tribunal or the arbitrator, the essential guarantees of litigation must be taken into account, or the invalidity will pursue their procedures, and the invalidation of these procedures is only through the submission of one of the parties a request to establish an action for nullity or appeal. Arbitration ruling before the national judiciary to prevent its implementation by the party affected by it. Because these issues are considered part of the public order in litigation and may not be ignored, this is on the one hand, and on the other hand, the international commercial arbitration judiciary, if it is not subject to the public order in the internal regulations of the countries, then it is subject to the true trans-international public order, in addition to the subjection of arbitration rulings to oversight Judicial in the event of resorting to the state’s judiciary for recognition and forcible execution of those issued judgments or filing a lawsuit to nullify them, as indicated above.Which may not be implemented in the event that it violates the public order of the state in which the judgment is required to be executed, and therefore the international commercial arbitration judiciary does not depart from the sway of the law and the national judiciary, as it respects the fundamental foundations and general principles that constitute the general order of the state

Certificate and its provisions in evidence

Ali Basem Khudair

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 426-453

In the past, the testimony was one of the strongest evidence, as it was the predominant evidence at a time when writing was not widespread, and the testimony was accounted for in the name (evidence) indicating that it had the first place in the evidence, and when writing spread and the shadow of illiteracy diminished, writing began to prevail, and then took the place The first is in the proof, and the testimony was lowered to the second place because of the defects it entails. The testimony is based on the honesty and truthfulness of the witnesses, and they are prone to forgetting and may lack accuracy, and even more than that, the effect and commonness is the presence of witnesses who testify against the truth in exchange for money or as a result of their exposure to threats or extortion. While the writing prevents it from being preponderant, and the farther it is from forgery, it is more accurate in performance and more in control of the facts. Because it was prepared for this

The effectiveness of parliamentary questioning in correcting the government route

Sadiq Muhammad Ezzat

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 454-469

The parliamentary system is based on two pillars, namely the duality of the executive authority, and the cooperation and balance between the legislative and the executive authorities. The balance between the powers is achieved through the means of influence that each authority possesses towards the other. The executive authority has the power to dissolve parliament in case if the legislative authority does not carry out its tasks, and in return the legislative authority has means of influencing the work of the executive authority including parliamentary interrogation, where legislative authority practices this means of influence when the executive authority stumbles or lags in the practicing of its work, or if there is a failure or mistakes. In such cases the parliamentary interrogation is done to ensure accuracy and caution in exercising their tasks. Thus the parliamentary interrogation contributes an effective role in correcting the government route, so our study addresses the issue of the effectiveness of parliamentary questioning in correcting the government route as it is referred in the Iraqi constitution 2005.

Creative embodiment of multimedia Quoted

Mohammed Sulaiman Alahmed; Abaas Safaa Shakoor

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 470-509

The creative embodiment of multimedia content is no less important than the content itself. For intellectual creative work worthy of legal protection, especially civil protection, it must appear in a tangible existence. In light of the development in the field of digital works, including multimedia, many different ways and styles have become for expression. Also, the economic aspect of intellectual rights must receive great attention, as some of them represent a source or source of the financial resource, not less than their intangible side, as the costs and efforts exerted in producing them match the creativity contained in it. In addition to all of that, the creative content in the multimedia must not violate legal rules and social values, and this is called the legitimate condition.


Ihsan Abdulhadi Salman Alnaeb; Muhammad Mustafa Ahmed

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 510-564

Contemporary German Dialectical Critical Theory: Origins and Thinkers This research, within the framework of two chapters, touched on the philosophical roots and the intellectual, historical, and mental origins from which the dialectical critical theory emerged, or what is known as the Frankfurt School of. These origins extend to the German philosophical heritage, especially the ideas of Kant and Hegel, in addition to the clear impact of Marxism on the intellectual construction of theory. As well as the German social philosophies represented by Max Weber, as well as Freud's psychoanalytic philosophy, And the philosophical premises that theoretical thinkers inspired by Lukacs, Karl Korsch and Ernst Bloch. The research also touched on the most important thinkers of the school, who were distributed among three successive generations, perhaps the most prominent of them are: Horkheimer, Adorno, Marcuse, and Erich Fromm, in the first generation, and Habermas, the representative of the second generation, while the third generation is represented by Axel Honneth.

Minority rights under the rules of public international law Quoted

Mohammed Mustafa Qader; Salah Hassan Ahmed Al-Ezzi; Qaisar Ahmed Aliwi Hussein Al-Mafraji

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 565-595

This research contains an analysis of the texts of international instruments, declarations and international treaties that addressed the minority's right to public international law and drew the features of their basic rights and set limits for it, then restricted it with some restrictions, specifically analyzing the texts of the Charter of the United Nations and international organizations that dealt with the subject of the research, Minority rights in international law remain an important issue that has received the attention of the international community because of the impact that the issues have on the international community, as it affected its security and stability, which requires standing up to them and researching their causes and knowing the international point of view through the opinions of jurists and the decisions of international and regional organizations And the texts of the various declarations and international charters, as the research has shown non-democratic governments do not give the minority their full rights and in most cases violate these rights and expose the minority to discrimination, persecution, exclusion and marginalization, so states that contain minorities must legislate to guarantee their rights and work to prevail in the relationship Between the majority and the minority in one country on the basis of cooperation, understanding and respect rights and the rule of law and preserves their rights for all .

Images of conflict of interest between rights holders on the joint stock company Quoted

Aqil Majid Kazem Al Saadi; Haider Daoud Salman Al-Zubaidi

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 596-623

The forms of conflict of interest diverge greatly within the framework of private law and may be related to different and common legal fields, especially within the framework of public law. And Gentiles, and the study on this subject is of great importance, especially since many of the problems of commercial companies arise from conflicts of interest in them and the lack of effective solutions to their images, which we will try in this research to clarify some of their images.

Development Stages of the Legal form for the General Budget of State

Abbas Mfrg Fahl

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 2, Pages 624-646

During the past century, the state budget law has been developed due to technological developments and progress in all fields, which led to development in several fields.Planning is the first that precedes the preparation of the general budget law or is in line parallel with the initial stage which is considered as a part of the budget law to determine the responsibility for all stages of the budget so that there is a decision-making unit and programs that represents the core line of the budget law. In addition to improving government accounting systems so that they set schedules for expenditures and imports so as to provide value results on the work of the departments, programs and activities that they perform. The development of an advanced measurement method for the preparation, follow-up, control and implementation of the budget law, and then improving the reports in form, contents and timing so that the users’ work on it is better and effective. This study includes the basic important changes to the stages of the budget law, which represent radical developments in the general budget law, which is the budget items and control (traditional budget), the program and performance budget, the planning and programming budget, and finally the zero-base budget