issue 39 part 2


The essential information in the stock market

Jaafar Kazem Jabr; Omar Natiq Yahya

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 1-25

The information related to the company issuing the securities is not of one degree of importance, some of which are related to the daily business that does not affect the price of the securities, and some of them are sensitive and essential information, and this means that the information has an impact on the stock market by affecting the securities price traded in the stock market, up or down, if the information in this way contributes to determining the options of investors to buy or sell or determine the prices at which the process takes place. To achieve market efficiency, an investor should not take an advantage of that information alone in order to achieve gains. Therefore, the issuing companies must disclose sensitive information to the public at one time.

PROVISIONS OF THE CRIME OF BRIBERY IN THE PRIVATE SECTOR (A COMPARATIVE STUDY)

Walid Badr Najm Al Rashidi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 26-55

After the expansion of the private sector’s circle of work in economic life and the state’s trend towards the policy of economic privatization, the private sector has become an indispensable partner in building societies. And in order to avoid the transfer of the crime of bribery to the sector, we have to face it with this our research and knowing of the ability of application of bribery and general provisions contained in The Iraqi Penal Code No. 111 of 1969 amended on the private sector. And the international legislator has emphasized treating the crime of bribery in the private sector, which was confirmed by the 2003 United Nations Convention for anti-corruption , which Iraq ratified in 2007, as well as the Arab Convention for anti-corruption of 2010, which entered into force in 2013, with the offer that Iraq has not amended its penal law in accordance with the provisions of this convention despite the material of a crime Bribery and the consequent intent to exploit profession or the craft. And service or work in the private sector are not much different from the provisions of liability for the crime of bribery in the public sector.

LEGAL EFFECTS OF OIL INVESTMENT CONTRACTS IN IRAQ

Manhal Abdul Ghani Qalandar

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 56-82

Oil investment contracts are of great importance due to the transfer of distinguished and modern technologies and capabilities from foreign investment companies to the host country for investment for the purpose of developing the infrastructure in this sector, and providing large financial resources to the host country.Iraq has concluded various types of contracts with foreign companies for oil investment since the discovery of oil until now, and the existence of a new type of contracts represented in the oil licensing rounds that were approved after 2003, and that there is no oversight over them by the concerned authorities and their transgression of the specialized laws in this field, which requires In this regard, it is necessary for the Iraqi legislator to intervene and legislate a special law for investment in oil and gas that is compatible with the Iraqi investment reality and its position in this field.

RECOGNITION OF THE INTERNATIONAL LEGAL PERSONALITY OF INTERNATIONAL ORGANIZATIONS.

Karim Taha Taher

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 83-116

In legal thought, legal personality is defined as the ability to acquire rights and bear international obligations , or the ability of t5he concerned unit contribute to creating the rules of international law. Only states enjoyed international legal personality , but after developments in international organization , international organizations become a person of public international law. And whose legal personality begins with the laws recognition of this pe3rsonality , and this personality entails that organization carry out life as a person of public international law until their expiration or demise, and this personality of international organizations is meant to be the capacity to a acquire rights, assume obligations, perform legal actions and file cases before international courts or body international arbitration, the legal personality criterion is based on two elements; that the personality is addressed by the provisions of international legal rules, or the personality is able to create international legal rules in agreement with other legal persons, and the legal personality of t5he international organization is characterized by being a functional personality so that it is limited by the limits of objectives and the functions entrusted to it in accordance with the charter of its establishment and individual in a personal sphere, and this research consists from the international, the two chapters, and the conclusion.

THE RIGHT TO EDUCATE CHILDREN WITH DISABILITIES IN INTERNATIONAL LAW AND CONVENTIONS

Hatem gaib saeed; Abbas Ghaidan Zeidan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 117-141

The right to education for disabled children of Human Rights, which gives everyone the right to receive a free appropriate education according to its characteristics and abilities. And that is this teaching in a few restrictions environment in line with the individual educational needs of everyone regardless of their abilities and the degree and type of disability .Due to the fact that the ability of a person to be affected by the different education educational disabilities , so the good understanding of these disabilities and mastery of ways and means to deal with them is the most important responsibilities that falls on all States , international and national organizations concerned with the education of children and to ensure that this right. So you must humiliate the obstacles and challenges that limit the educational performance of children with disabilities and help all special groups to develop their skills and abilities and re- teach them to communicate with their community regardless of the extent of the disability phenomenon Dehm. otkadim advanced and modern knowledge in the design and Curriculum and certified fit with disabilities through the introduction of technology modern , which effectively contribute to the success of the education process .

FUTURE OF THE CONFLICT OVER THE NAGORNO KARABAKH REGION AND THE ROLE OF ACTIVE FORCE IN IT

Najeeb Abdel Meguid Najm

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 142-170

Nagorny Karabakh is one of the disputed regions between Azerbaijan and Armenia, although the allies of the two parties (Turkey and the Russian Federation) soon reached a solution that gives the right to the right holder after nearly a century of its events.In this study the researcher deals with the first topic / the first requirement to give researchers an overview of the region, and in the second requirement the research deals with the history of the region and the conflicts it went through, and in the third requirement the continuity of conflict over a region in the twentieth century until the period of reaching an agreement and the second topic was devoted to clarifying the role of the active forces In the conflict through several demands, while the third topic deals with future scenes (solution options) in the conflict over the region with a conclusion.

NEGATIVE CRIMES IN IRAQI LEGISLATION

Zina Zuhair Muhammedchit; Adnan Muhammad Abbas Dabo

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 171-197

The study focused on "negative crimes in Iraqi legislation" because they are crimes of a special nature, whether in terms of attempting or contributing to them, or in terms of the elements that distinguish them, or the penalties prescribed for their perpetrators A negative crime consists of several elements, namely, rejection to engage in a certain positive behavior, the legal obligation, and the voluntary character of abstinence, and therefore, like any other crime, it consists of a material element represented by abstinence, the result and the causal relationship, a moral element represented by the voluntary characteristic of abstinence, and a legal element represented by With legal duties . In conclusion, the study reached at some results, the most important of which is despite the difference in jurisprudence regarding the definition of negative crime. However, all the opinions of the jurists revolve around certain axes of the negative crime, as they are reluctance or reluctance to commit a positive act that the law had imposed on him in certain circumstances, and that This act is within the power of the abstainer, in addition to that, the initiation and criminal participation in negative crimes can be realized. The study presented a set of recommendations to the Iraqi legislator, which aims in its entirety to treat the deficiencies or deficiencies in some of the criminal texts Iraqi legislation.

NATIONALITY IN THE CONSTITUTION OF THE REPUBLIC OF IRAQ FOR THE YEAR 2005

Lamyaa Hashim Salem Qibi; Suhad Abdel-Gamal Abdel Karim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 198-233

Nationality is one of the important and prominent laws as a tool for the distribution of individuals among different countries of the world, and the legal link that links the individual to his country in terms of his subordination and affiliation, determining the social and legal affiliation, determining the status of membership in the state group, enjoying rights and performing public burdens. The reality of life reveals to us that individuals are distributed in multiple blocs and communities and this phenomenon of division and distribution raises a very important issue and research is how to distribute individuals in terms of determining the basic component of each state, the element of the people and the existence of the state depends on the accession of the people under its jurisdiction and affiliation to it under a legal system called citizenship is sponsored by the state project and entails the enjoyment of individuals belonging to the nationality of the state Therefore, we will study the issue of nationality in the Republic of Iraq in 2005 in terms of the definition of nationality and its elements and the general principles of Iraqi nationality under Islamic thought and in the 2005 Constitution and the general provisions of nationality in the Iraqi nationality law in force No. 26 of 2006 through the original nationality and acquired nationality and loss of nationality and its recovery.

THE TAX CHECKING IN THE IRAQI INCOME TAX

FaDHEELAHAh ABAS GHAEB

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 234-265

The tax checking is a right within given rights by the law for the tax administration to ensure that reality of its profits, adoptions real and regularity of records which presented, it is a procedure aims to naming the tax receptacle, then assigning the tax sum which must paying, and reducing the escape chances from paying.

INSTITUTIONALIZING THE EXECUTIVE AUTHORITY

Nawras Ahmed Kazem Al Mousawi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 266-295

The establishment of the state of institutions is the only guarantor that enables the executive authority to assimilate society and mobilize or employ it in the service of the goals of the state and society, and then end the foundations of discrimination between its members. Accordingly, transforming relations and activities into institutional or institutional relations and activities is the correct path towards a stable and balanced political system within the framework of institutions, and towards a sound building of power. This reveals the paths to building the executive authority and identifies deficiencies in order to overcome them in the future, in order to build stable institutions.The constitutional organization of the executive authority as one of the constitutional institutions is of utmost importance for any country that seeks political stability, and maintains the balance of the relationship between the authorities in it, hence the importance of our study of the issue. In light of the above, we decided to discuss this through two topics preceded by an introduction: In the first topic we deal with the concept of executive power and its institutionalization, while in the second topic we are alone for organizing the executive authority in political systems, and we will conclude this study with a conclusion that includes the most important conclusions that we will reach, and a set of proposals We put it in the hands of those concerned with it.

SPECIAL APPEAL REFERENCES FOR ADMINISTRATIVE DECISIONS IN IRAQ AND THE KURDISTAN REGION APPLIED ANALYTICAL STUDY

Mohamed Omar Mouloud; Osman Yassin Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 296-350

Although Iraq and Kurdistan Region has adopted the dual judiciary system and specialized administrative judiciary for quite some time now, there are still other special references that have not been made to the administrative judiciary specializing in examining the appeals that respond to administrative decisions and for this, this research will deal in detail with those Special references, and the first of these references is evident in the administrative authorities, which means that the administration is a judge and a litigator in that one, while the second side is the quasi-judicial references, which are administrative committees headed by a judge, and as the ordinary judiciary (regular courts) is the third special body that It has been entrusted with examining the appeals received against administrative decisions, and our research aims to reach a conclusion that the fragmentation and dispersal of appeals against administrative decisions in this way no longer has any justification after the establishment of the specialized administrative judiciary in Iraq and the Kurdistan Region.

SMART CONTRACTS AND THEIR APPLICATION TO VIRTUAL CURRENCY (A COMPARATIVE STUDY)

Moyasser Hassan Jassim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 351-376

Through this research, we aim to shed light on smart contracts and their application to virtual currency, as we researched and studied the legal and legal frameworks for smart contracts and the mechanism of their application to virtual currencies, by stating the definition of smart contracts and their legal and jurisprudential provisions, and then touching on the conceptual foundations of virtual currencies and their most important types Focus on legal adaptation of smart contracts in virtual currencies. The characteristics of smart contracts make it a major role in the stability of transactions, such as being encrypted so that it is very difficult to penetrate, being distributed in such a way that it is impossible to change or falsifying it, and being self-executing and irreversible, thus adding stability to transactions at every stage of the smart contract programs. The virtual currency is one of the biggest financial phenomena of our time. While the skyrocketing market value at the end of last year triggered dreams of quick wealth among many, the decline in its value during the current year raised fears of a huge speculative bubble bursting in this market.

FINTECH CONTENT FROM A LEGAL PERSPECTIVE

Lanja Salih Hama Tahir

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 377-399

At the time of the outbreak of the Covid -19 virus, the movements of the world halted due to the total curfew. Most state institutions and their private sectors were disrupted. At this crucial time "Fintech" was able to bring life back to the systems, without violating the requirements of Social Distancing. It succeeded in providing financial services with latest innovative technologies to anyone anywhere in the world. It also proved beneficial for social groups to work together without moving from their place. This was all possible with a click of a button. As a result of this importance, we find it necessary to delve into the research of this technology. The escalating and increasing prominence gives reason to find out what it is and what are its concepts from a legal point of view. With consideration that it has gained prime position in most countries especially the advanced ones of the world.

Civil liability arising from the mistakes of private airlines (Analytical legal study)

Zaid Riyadh Abdel-Zahra

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 400-422

The multiple and continuous needs have made the individual in different times think of filling these needs, sometimes by providing these needs directly from his external surroundings, and at other times by obtaining these needs from others, but the cultural and technical progress that life has witnessed in its many aspects Reducing the use of barter as a means of purchasing goods and services, especially after the emergence and circulation of money, which represented a successful method in transactions between individuals, and among these needs is the need for air transport that is currently handled by several companies, as air transport companies in all their forms have a great impact at the time. Present on public life in all its forms, whether economic or social for the individual, and some of these companies are owned by the private sector (civil aviation), and with the characteristics of these companies as belonging to the private sector, this does not mean that they are not subject to the provisions of civil liability of the air carrier, which entail certain errors We will deal with it within the topic of our research.

CITIZENSHIP IN THE THOUGHT OF CONTEMPORARY ARAB AND ISLAMIC POLITICAL CURRENTS

Waleed Masaher Hamed; Ali Ramadan Salih

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 423-448

Although the thinkers differ in a specific definition of citizenship, between them is a relationship that links a relationship between two parties and within the homeland, and a difference between individuals with feeling, and there are (natural) rights and acquired rights whose roots are rooted roots are roots roots are roots are roots are roots, despite their appearance, despite Different Islamic and Arab ideas about the concept of the concept and its intellectual implications.

THE FUTURE POSITION OF THE MEDIA ON THE SPREAD OF THE PHENOMENON OF CORRUPTION - A STUDY IN THE VIEW OF THE RULES OF PUBLIC INTERNATIONAL LAW

Nuha abdulkhaleq ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 449-477

The media was and still constitutes one of the most important elements in the life of any society, and its influence on individuals has increased, whether positively or negatively, according to the perspective that is seen first and from the angle in which it is used secondly. All of this is due to the information revolution resulting from the scientific and technological progress of the development of communications means Modernity that had a profound impact in this aspect, and there is no doubt today that the media by its various means has a very big role in forming opinions and making public opinion as a major and firm tool in exposing corruption and informing it to all or on the contrary may help spread it and then work to direct opinions to face Of them desired by those who do, and it remains the media ultimately a symbol of urbanization symbols and a key milestone of progress and development milestones.

THE EFFECT OF THE WAQIF CLAUSE ON THE WAQFQuoted

Ziad Khalaf Aliwi; Amer Hamad Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 478-501

The endower’s condition is a condition set by the endower, which has an impact in determining the endowment’s subjective provisions and their effects. These conditions may be divided into several sections and are based on several bases, some related to its harmony with endowment, or its attachment to the pillars of endowment or respecting the will of endowers. Generally speaking, endower’s condition differs from holding condition. On the one hand, the endower’s condition is a restrictive condition set by the endower by which he restricts the beneficiary power or yield’s distribution when he modifies the subjective provisions of the endowment. On the other hand, the holding condition is a condition that describes contractual obligation, on which the existence or termination of the obligation is attached. The conditions stipulated by the endower have great power in Islamic jurisprudence and have great effect in modifying the subjective provisions of the endowment. Moreover, they are highly respected by the jurists to the extent that resulted the rule that says “the endower’s condition is like the legislator’s text”. However, these conditions may contradict themselves or have conflicts with the endowment’s subjective provisions. This is to say that this conflict has to be removed within the strength of these conditions, as this finally necessitates a legislative regulation that shows the mechanism for such removal.

THE ROLE OF THE UNITED NATIONS IN RESOLVING INTERNATIONAL CONFLICTS Quoted

Husam. H. shahab; Raghad ali hasan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 502-526

The phenomenon of globalization has produced security shifts that have affected the concept of disputes leading to the emergence of new and complex forms of international disputes which together have contributed to putting the traditional methods under criticism due to their shortcomings and their failure to achieve international peace and security in some cases. This prompted the United Nations to innovate and develop other means and to develop mechanisms to make them more appropriate to the developments in the international environment, to the shifts of the international system, and to the change of the active forces in it. Therefore, methods of resolving international disputes have evolved according to the changes that have imposed their repercussions on the reality of international action in addition to the new challenges that have come to threaten the international peace and security.

THE ROLE OF ELECTRONIC LITIGATION IN REDUCING PROCEDURAL INFLATION

Rabah Sulaiman Khaleefh; Thakir Ahmed Ibrahim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 527-559

This study aimed to demonstrate the role of electronic litigation in reducing procedural inflation, considering it a procedural system dictated by modern procedural policy. Its aim is to alleviate the procedural inflation, in a way that contributes to putting an end to the accumulation of criminal cases in the courts. This is what gains its importance in the framework of legislation and criminal justice, on the one hand it contributes to relieving the shoulders of the judiciary, and on the other hand, the economic impact of this system is not hidden by the fact that it reduces the costs and expenses of the case in addition to reducing the economic burden of the state in this regard. In this context lies the problem of the study, through exposure to a statement of the concept of electronic litigation, ways and obstacles to electronic litigation, in addition to an explanation of the most important comparative legislative applications in this aspect, as well as an explanation of the role that this method reflects in reducing procedural inflation, according to an office based approach. Study and extrapolate texts, in addition to the analytical method, in order to analyze the texts, rules and opinions that have been deduced related to the rules of this system; One of the most important findings of this study was that this system has gained some importance in light of comparative legislation, in a way that reflects the development of the legislative procedural policy, especially in light of the stoppage that the world witnessed due to the Corona pandemic, and all of this calls for the need to be alert The Iraqi legislator has led to this development, in a way that is supposed to be adopted in legislative frameworks that allow the judicial authorities and the bodies responsible for investigation and gathering evidence to take into account the circumstances dictated by the nature of the criminal case before these parties.

THE ENDOWMENT AND ITS JURISPRUDENTIAL IMPACT IN THE FACE OF THE ECONOMIC REPERCUSSIONS OF THE CORONAVIRUS DEVELOPMENTS (A COMPARATIVE STUDY OF ISLAMIC JURISPRUDENCE AND EGYPTIAN LAW)

Alaa El-Din Abdel-Latif Abdel-Ati Mohammed Abu Al-Enein

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 560-584

The economic system aims to achieve prosperity in the country through sustainable development and social justice, in a manner that ensures raising the real growth rate of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates, and eliminating poverty. Investment, balanced geographical, sectoral and environmental growth, prevention of monopolistic practices, taking into account financial and commercial balance and a fair tax system, controlling market mechanisms, ensuring different types of ownership, and balancing the interests of different parties, in a manner that preserves the rights of workers, consumer protection, the right in the competitive market and adheres to the system Socially and economically by ensuring equal opportunities, equitable distribution of development returns, reducing differences between incomes, and adhering to a minimum wage and pension that guarantees a decent life, and a maximum in the state’s agencies for everyone who works for a wage, in accordance with the law.

THE CARETAKER GOVERNMENT IN THE IRAQI CONSTITUTION

Essam Hatim Hussein Al-Sadi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 585-619

This research deals with the meaning of the caretaker government in terms of its definition and characteristics, as well as the statement of its legal status, and this research sheds light on the subjectivity of this government, in terms of distinguishing it from others, as well as the statement of the basis of this government in the legal system, and this research also deals with the legal status of the government Conducting business by addressing the cases of the emergence of the caretaker government and the limits of its competencies, and that this government, despite being exceptional, is not immune from oversight, so this research dealt with parliamentary oversight and judicial oversight over the caretaker government, and this research sheds light on the meaning of this oversight and its means As well as its limits and effectiveness on the caretaker government in constitutional life.

THE IMPACT OF MANAGEMENT INFORMATION SYSTEMS ON THE LEGAL WORK OF THE PUBLIC ADMINISTRATION AND THE PERFORMANCE OF ITS EMPLOYEES

Firas Adel Turki; Harith Adeeb Ibrahim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 39 part 2, Pages 620-643

The exacerbation of the phenomenon of administrative corruption and its widespread spread in various sectors, especially within state institutions, such as ministries, departments and others, and the devastating and dangerous effects that it has, threatening security, obstructing the economy and violating the rights of individuals, necessitated the concerned authorities to find effective means to curb this phenomenon, hence the importance of Clarify the role of management information systems and their uses in enhancing measures to combat this deadly phenomenon or reduce its effects, even at a reasonable rate. Administrative systems represent a major source in various work activities from the use of modern software to follow up on cases of administrative corruption, and they play a major role in achieving the goal and purpose of the institution if used correctly and correctly, and provide them with the required support from the management of the institution and the appropriate environment for the application and then have the role Effective strategy in achieving success and achieving the goal for which it was allocated, which is the fight against administrative corruption. Also, management information systems are an important focus for the organization, through which internal and external data are collected that arise from the institution’s practice of its various works, address problems and violations, and provide oversight over them in decision-making, and management information systems provide accurate information on performance standards for each job and the level of individual performance, or the work team. Therefore, it is necessary to review comprehensively and completely the legislative system in Iraq in a way that is more in line with the requirements of modern management and technological progress that covered most aspects of life, and in a way that is more in tune with the application of management information systems. In addition to the need to enhance awareness within the institution and all its levels of the importance of management information systems through seminars and technical workshops held by the institution, as well as in order for this system to work and achieve the goals for which it was designated, it should allocate specialized employees with expertise and information backgrounds, as well as providing devices Modern and sophisticated in order to perform the purpose in the best way and the best results. It is also necessary to activate the role of media institutions in state departments in publishing the activities and works of the institution under the management information system.