Volume 10, Issue 39 part 1, Autumn 2021


Dalida Hanna bitar

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 1-27

This research aims to conduct a qualitative approach to the role of women in facing the Corona pandemic in Lebanon, based on a vision, about the pioneering role that women represent in managing family affairs at all levels, as they have proven their ability in crisis management, especially since they have participated in the popular movement since October 17 The first 2019 calls for reform and elimination of corruption. It is also considered the first front line in the face of Covid-19 virus, based on its family, humanitarian and social responsibilities at the micro and macro levels. Due to the difficulty of direct contact with a number of women due to home quarantine and the necessity to take the necessary precautions during the movement of the work team, we resorted to conducting interviews with women's organizations and associations that have direct links with many women and volunteers. Thus, through this methodology, we were able to obtain many answers about women's activism in confronting Corona in two associations that are active in this field and whose work extends in most Lebanese regions, namely the "Democratic Women's Gathering" and the "Kafa" organization. We have reached a set of results with the difference between the activities of the two societies and the ability of each of them to intervene, and network with NGOs, the Red Cross, UNICEF and others, in addition to state institutions such as development centers in the regions of the Ministry of Social Affairs and the Ministry of Health, especially with regard to conducting field studies on refugee camps. Syrians, in order to see their ability to take the necessary precautions in the face of the disease, and the information that they depend on for prevention, which was entirely from non-governmental organizations, while the percentage of those who adopt protection measures from the Ministry of Health did not exceed 16%. In addition to the awareness-raising role for women and the domestic violence that the stone has caused on women and children, especially in light of the husband's cessation of work and the gathering of navel members under one roof for a long time. Some positive aspects of home quarantine have been recorded at the level of communication between family members and giving an opportunity to have fun with children, especially heads of families who work outside the home for a long tim.

Privacy of the Criminal Law for Sport

Mohammed jeid zedan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 28-64

Sport takes up a prominent place in society, as it has become one of the important rights of society, because of its importance in the lives of individual people, so it was necessary to organize its provisions and set the limits or conditions regulating them, and part of these rules relate to the penal aspect. Thus, what is known as the criminal law for sports appeared, and the discussion began among jurisprudence about the emergence of a new branch of criminal law. Therefore, the study focused on showing the extent to which this law enjoys the subjectivity that justifies its independence from the penal law. It was found through the study that the rules of the criminal law for sports are subjective, which stand out in the rules related to the scope of its application and in some of its substantive rules (criminal and punitive) as well as some of its procedural rules, which means that the criminal law for sport has become a new branch of criminal law, which has an independent subjectivity that justifies Independence from general penal law.


Aladdin Mohamed Hamdan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 65-89

Responsibility is either moral or legal, and with regard to the first, it is achieved when a person violates a religious or moral duty, which is of course outside the scope of our research. As for the second, it is achieved when a person violates a legal duty, and it is embodied in three forms, they are either civil or criminal. or disciplinary, and these three forms may be subject to a person simultaneously or individually depending on his character or behavior, and the quality acquired by that behavior or behavior in terms of the availability of the pillars and elements of that responsibility. Or two or all of them at the same time.And since the judge is a public servant occupying a public position, any behavior that comes to him is not related to the public position and distances him from the requirements of the public interest and the prestige of the judiciary and the high status of it, or behaviors and behaviors even outside the job entrusted to him that affect his reputation undoubtedly falls under the penalty of disciplinary responsibility In addition to criminal and civil liability, if its elements are available.


Safa Miteb Al-Khuzaie

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 90-114

We believe that the relationship of the science of logic to the law is the same as the relationship of the science of the fundamentals of Islamic jurisprudence in it as both sciences are considered automatic or servant sciences to other sciences, and one of the most important sciences that need the science of logic and the fundamentals of Islamic jurisprudence is the science of law. In spite of the importance of the science of logic, from which every human thought process can not be separated, we find this importance increases if the thinking process is related to the will of a legislator who sets a binding discourse for individuals. Therefore, legal studies have deliberately applied the science of logic in the law under the name of legal reasoning or Judicial logic, except that his ruling remains the same as the rule of the principles of Islamic jurisprudence, which did not find him real effectiveness in employing it in the field of law, and the reason is due to the failure to apply the general logical rules of ratifications, logical inference and logical arguments in the field of law, which made this application distorted until it led to The fall or decline of legal logic, and thus legal logic cannot be included under the issues of general or aristotelian logic, We will divide this research into two sections: As we will devote the first topic to the features of the relationship between law and logic, while in the second topic we will single it out to the loss of the real employment of logical rules.


Adnan Abdul-Amir Mahdi; Ahmed mahdi sabri

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 115-134

In the detitapeet anet Jetetapian world The politial Systems had Sar generat polifics that are Media and odevelkpmental and that were directed to build ther Societies delvelapmuntally. Since the human being Cornerstene of any sustainable devebpmastat buitding for any is the modren Civil state that wants to achieve Comprehensive develapment the interest in developping human Capitilism by raising the basic Sustainable human develop mcnt Plus Idea inclicatar, health indiatur, income indiater and standard of liv the Cantral objectve of ony Public policy. ving] has been When the Crisis ( Corona epichemie) appeard in most Parts of the tworld, a great atdention to basic Sustainable human development indiators emerged, and govemment pregrased through their legislative and executive policies and hiugh their Legal legitimacy do Contrent idea bepi enid Accorelingly, it is requiced from required From the gavernments af the world to Yeview their Public palicies in Herms of enhancing the pasidivk aspects of them and evalataing the aspects that eer Were experienced by Finding developmertal and media Palicy options to canfrant the epidemie idea Plus that are characherizad by the of rational decisions mest bene ficial Criteria that are mos and least Costly.


Saad Attia Hamad Moussa

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 135-165

The legal system of government contracts is one of the pillars of administrative law, and is completely independent of civil contracts in terms of the system in force in the latter, as the process of concluding a government contract depends mainly on the extent of the administration’s commitment to implement the legal texts governing the contracting process and the principles and provisions related to all stages of government contract formation – Starting with the formal and procedural procedures that precede the process of concluding the contract, passing through the controls to be followed to determine the contractor with the administration in terms of the method to be followed for the procurement process, evaluation and award procedures, and then ending with the stage of signing the contract in preparation for its entry into force, noting that all persons of public and private law act and seek to achieve The goal is (getting the greatest benefit with the least sacrifice), and given the importance that surrounds the tender today, we have devoted an extensive study to it in this research


Farah Zia Hussein Mubarak; Khaled Salman Khaled

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 166-188

Achieving societal satisfaction is an essential goal in the political and administrative agendas, so it was necessary to build close units that are able to touch the requirements of the public interest and carry out a higher duty, which is to meet public needs, and from here began the idea of localities, their role, aspects of their work, the size of their competencies and powers, and although the permanent constitution gave the first directions to them It is the law of governorates that are not organized into a region. It is the one who drew the steps, specialties and powers in approx. To keep pace with the wave of local tides that appeared in Iraq with a new suit. The governorates that are not organized in a region in Iraq are trying to interpret the provisions of the constitution in a way that approximates the public interest and without the interpretation being in breach of the constitution despite the fact that the permanent Iraqi constitution gave an upper hand to the local laws in case they contradict the central laws, but most of the provinces have become conservative of the conflict, until they reached the level of experience The process locally has become a logical standard for any local administrative fabrication, and this is what happened in the internal system of the Diyala Provincial Council for the third session 2013


Raad fajer Al,rawi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 189-212

The nature of international criminal responsibility in cyber attacks is return to its source which is the custom of international law, even though its included in international convention. Although, criminal responsibility for cyber attacks has international character, it is also has a national nature. The national law is considered the source of criminalization, even if this law is applying to international agreement based on international custom. The question that needs to be answered in this research is: can the authority facing cyber attacks as criminal side? And considering the perpetrators have international responsibility? The authority can impose international criminal responsibility on the perpetrators of cyber crimes because these crimes establish an assault on the basic interests of the international community. The cyber attacks is an attack on the interests of the state, directly or indirectly, because the government is a member of the international community. National criminal responsibility for cyber crimes has a wide scope because cyber attacks occur outside the territorial scope of the state in most cases.


Safaa mahdi mohammed Al_taweel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 213-239

If the civil Law does not neglect the subconscious (intention) in the interpretation of contracts, then this intention is almost without effect on the procedural Laws, as these Laws do not care about it . This research seeks to give a role for the intention in order to correct the defective procedural work. This intentioned can be memorized either by supposition, or by questioning the opponent, and the aim is to reduce cases of invalidity and simplify for mality . but the introduction of the intention with in the scope of the procedural law has its conditions . It is imperative that the defective procedural action can be corrected and that the correction does not result in harm . In order to understand all the foregoing, we dealt with all this in two sections . In the first section, we dealt with how to purity the intention and its purpose . In the second section, we discussed the conditions for adopting the intention procedural law . We reached several conclusions and recommendations that we deposited in the conclusion of the research, which the research claims is the first study within the scope of procedural laws .


Sallam Daoud Ghazel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 240-273

The Bab al-Mandab Strait, which is located in the south of the Arab world and at the gateway to Yemen on one side and Africa on the other, is of great importance among the water bodies, linking the Pacific Ocean and the Red Sea on one side and the Arabian Gulf on the other. It is of great importance in the political world and Geostrategic,Its location among the islands enjoys a privileged position, which has made it subject to many conflicts. The first of these conflicts is the Yemeni crisis, which is important from the point of view of international navigation, and all of this leads,To draw the attention of the United States of America and Israel to the واللهimportance of this gate. This gate is of increasing importance over the future and its attempt to control it by most countries of the world


Hazem Hamad Musa

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 274-311

The study examines the strategic performance of US President Donald John Trump, and it’s importance comes from the international attention to the special personality of President Trump and the number of strategic opportunities that must be seized to maintain the prestige of the United States of America. On the other hand, there are many challenges before him that lie in the international opposition to his performance, which prompted him to formulate a revolutionary, strategic, reflexive performance.The research process addresses the strategic performance of US President Donald Trump, who is affected by conflict behaviour and game theory: The first: escalation with the forces opposing to approach with it, and the second: the coup against allies and friends to obtain funding from them, if the opportunities are more common than the challenges, they will achieve a qualitative leap in Strengthening the American strategy, but if the challenges are more common; the opportunities would decrease and the performance would decline to turn into a threat that enters the American strategy in a crisis. The research seeks to highlight the most important strategic opportunities and the corresponding challenges in the strategic performance of President Donald Trump to know his global performance future and its reflections on the American strategy and international strategies.


Duha Nashat Namiq Talabani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 312-339

International convention effective role in providing protection to the category for which they came, but in fact, the reality of elderly men and women is not covered by that protection. For starters, there is no special agreement for the elderly, nor is there any protection through international laws that obliges countries to take appropriate measures. Regarding the elderly, this means the absence of monitoring bodies and the absence of an individual complaints mechanism.Therefore, today we need an international agreement to emphasize the rights of the elderly and to establish a system for monitoring the issue of states in everything related to the situation of the elderly, and until the creation of this agreement, it is necessary to know the legal status of the elderly through the international and national legal system and to determine what the rights of the elderly are in the conventions International and national laws through this research paper.

Dependency issues nicknamed in inheritance - a comparative study -

Nashwan Zaki Suleiman

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 340-384

The majority of Islamic jurisprudence goes to explicitly adopting the provisions of the dependency when the heirs of the hypotheses compete in the inheritance issue that results in an increase in the shares of their assumptions from the original issue, and this is due to the fact that the dependence achieves fair justice for all the owners of the assumptions when the deficiency falls on all their shares in proportion to their homework, while denied Al-Awl Ibn Abbas, may God be pleased with him, and those who followed him from among the Muslim jurists and did not act upon it, arguing with the apparent meaning of the verses of inheritance, and that if the inheritance is attached to rights that do not meet the inheritance, and the obligations are narrowed, the stronger and the stronger, such as preparation, debt and the will, and the inheritance with them does not deviate from this rule, because the owners of In their view, the strongest obligations that are not inherited by hardship in any case, such as the mother and the spouses, and they give precedence to daughters and sisters from the mother over sisters from the parents or from the father, and make the rest of their arrows for them.The majority of the Arab personal status laws, including the laws under study, have taken the provisions of the dependency in agreement with the view of the majority of jurists in dividing the issues of reliance. Reliance is one of the applied arithmetic inheritance issues in the division of estates, but it stipulated some issues of nicknamed trust, and among these issues of inheritance were the issues of Al-Mubahala and Al-Minbariya.


Hashem Hussein Ali Al-Jubouri; Salah Rafiq Zaman

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 385-404

The principle of separation of powers is the main and basic principle upon which all parliamentary systems stand, and each system has its own interpretation of this principle, including the parliamentary system, which embraced the separation of powers as a chapter marred by the spirit of cooperation and mutual oversight between the legislative and executive authorities, and which made this cooperation and oversight a fundamental pillar on which it rests and confirms. Its existence, which led some jurists to say that cooperation and oversight is the basis for the existence of the parliamentary system, and rather to say that this cooperation does not exist in other parliamentary systems, namely the presidential system, which is based on the absolute separation of powers, and the council system, which is based on the dominance of power Legislative authority over the executive authority, there is no room for cooperation in these systems, but the parliamentary system is unique to them and is exclusive to them


Nawaf Abdulqader Jawad; Naser Zainulabdeen Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 405-443

The nature of federal political systems in general is based on the division of roles and the distribution of powers according to a constitutional jurisprudence that may be fixed in terms of the nature and form of the constitutional frameworks adopted in the political system, as there must be a division of political roles between the parties and political forces that form the nature of the federal political system, and the distribution For political and administrative specializations between political and constitutional circles within the framework of a single state, it is generally accepted that there is a political, administrative and constitutional heart within the single unit of the state and the political system of the federal state, besides the heart there are parties and political, administrative and constitutional parts that are all the federal political unity in this or that state.


Torkan Ibrahim Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 444-454

The Internet, which is expanding in the last years of the twentieth century, is considered one of the most important technological developments in the history of mankind, which is the fruit of the merger between the information revolution and communications technology.This continuous change in the conditions of life imposes an unavoidable fact, which means that we must change with it, and change our ways of thinking and working methods as long as we are present in this world. For sophistication and preparation in the countries of the world. The rapid development in the internet networks and electronics for computers has led to the creation of a new world that has broken the limitations of time and the determinants of space, a world whose parties merged with each other, through what was provided by modern technology in all fields, especially in the Internet and communications side, and the distant is soon, we see and talk to it and be affected With it and we spread it.


Luay Abd Ul-Haq Ismail; Omer Lateef Kareem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 455-483

The topic " nullity of the judicial procedure" is of great importance in the judicial work because it is an obstacle to achieving the goal of resorting to the judiciary, which is to achieve justice for litigants with minimal time, effort and expenses. In order for the judicial process to be free of defects, it must have objective and formal requirements, and this measure should not be subject to a judgment that it is null and void, and since the results of nullity are largely dangerous, therefore most of the legislation tended to follow different ways to reduce the phenomenon of Nullity. The fact that the Iraqi legislator did not regulate the topic of procedural invalidity through a general theory with uniform provisions. Nevertheless the procedural nullity has been legislating at multiple sites, but legislate neglected an important way to correct the void judicial procedure of correcting by transformation and diminution.


Hassan Hadi Nehme; Mohamed Sultan Hassan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 504-543

The international community is always chasing after its basic goals related to the protection of international peace and security and the sponsors of justice and equality between states, and this vigilance always requires vigilance whenever a new field arises in which people of public international law compete, and this coincides with the outer space as the attention of the actors in the field of outer space is directed to it. With him, it has become a field of proving an existence between competition and conflict, which required the international legislator to create a legal regulation governing the exploration and use of the astronomy of outer space in a manner that guarantees the principles and objectives of public international law. However, that legal regulation is under the microscope, so it raises a question about the extent of Efficiency and effectiveness that the international community hoped for. The legal regulation of outer space needs to be re-evaluated in view of the evolution of the nature of space activities and events and the increase in the number of actors in the field of outer space.


Salwa Ahmed Al-Mafraji; Iyad Khalaf Muhammad Al-Mafraji

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 544-581

Globalization and a revolution of information and modern communications technology have left a new arena in international relations, And a new, open and unrestrained field of contemporary warfare, Especially as we have become in an era in which States manage their vital and dangerous affairs and Institutions through the these means and tools, Which enables any state, organization or even individuals to use the means produced by this revolution in the management of their international disputes, Which resulted in so-called "International Disputes Of An Electronic Nature", which placed States in particular and the international community in general In the face of one fact: the need to intensify its efforts and unite its ranks in order to confront these new threats And to limit its use as one of the methods of managing its international disputes Because of the seriousness of the consequences that might result, especially if terrorism used these means to target vital international facilities Causing serious consequences such as causing significant damage to the information infrastructure and software operating systems for control and supervision that control the production processes or related to transport and traffic in airports Nuclear power reactors or associated with the production and distribution of water, electricity, dams, communications, financial and banking services and other vital civilian or military facilities that may endanger international peace and security.


Nawzad Ahmed Yassin; Gashaw Maroof sida

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 582-608

The criminal policy on which the Iraqi criminal legislation was built in relation to the phenomenon of revenge is weak and inadequate in dealing with this serious criminal phenomenon. The Iraqi legislator did not deal with it with explicit provisions either in the Penal Code or in the special laws. The position of the Court of Cassation is contradictory, in addition to the statement issued by the Supreme Judicial Council to deal with the phenomenon of tribal A threat in which the courts have ordered the punishment of the perpetrator of this act according to the law of combating terrorism.


Haider Hussein Kazem Al-Shamry; Haider Taha Fayyad Al-Shammari

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 39 part 1, Pages 609-634

The marital bond consists of establishment and termination, and both of them arrange financial effects, such as the dowry and alimony between the spouses, and there are non-financial effects, including the waiting period, lineage and other other effects, but these effects arise if the marriage contract is valid, but if the marriage contract is invalid, in this case we must differentiate between The knowledge or ignorance of both spouses of this nullity because of their direct impact on non-financial marital rights, and also that the position of the effective and amended Iraqi Personal Status Law did not help us in most of its texts to know the implications of non-financial rights if the competent court issued a judgment declaring the annulment of the marital bond.