Volume 10, Issue issue 38 part 1, Summer 2021


THE EFFECTIVENESS OF THE INTERNATIONAL AND NATIONAL COMMUNITY IN THE FACE OF ELECTRONIC POLLUTION

Shaima Jamal Muhammad; Salwa Ahmed Maidan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 1-24

Electronic waste is nothing but a form of accumulation of things, especially electronic, electrical and mechanical, which is increasing day after day due to the development of technology and the diversity and multiplicity of devices on the one hand and on the other hand the failure to dispose of it in the correct and legitimate ways through recycling and benefiting from it in energy generation and environmental protection, but on the contrary. It constitutes a great burden on the environment through damages that are not limited to it, but harm human health, which the international community has alerted to in recent decades, although its efforts are insufficient or limited to this day, but it alerted countries to the existence of a global problem that is not limited to a specific country, but rather expresses International borders due to the volatilization of gases emitted from them, which necessitates concerted national and international efforts to reduce this problem and hold those responsible for it.

CRIMINAL RESPONSIBILITY FOR THE OUTBREAK OF THE CORONA VIRUS (ANALYTICAL STUDY IN LIGHT OF IRAQI LAWS)

Gashaw Maroof sida; Nawzad Ahmed Yassin; Damon Hussein Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 25-52

The Corona virus outbreak is the most serious humanitarian catastrophe that could lead to the lives of millions of people, if the control of this epidemic that attacks a person in one of the most important organs of his body is not the respiratory system, Despite the interest of all global circles, including the international and national levels, because of its disastrous effects on human health and life, as it may lead to death, statistics issued by the Health Organization have shown Global is increasing numbers of injured and deceased daily. In conjunction with the medical community, we had to research the criminal responsibility of the Corona virus outbreak and clarify punitive texts in the Penal Code. Iraqi No. 111 of 1969 as amended and Public Health Law No. 89 of 1981 amendedand even Traffic Law No. 8 of 2019 amended.

WHERE IS THE ROAD MAP ON THE PALESTINIAN-ISRAELI TRACK?

Qahtan Adnan Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 53-66

In fact, the roadmap plan, which was launched by the United States in 2003 and under the supervision of Russia and the European Union on its side, is no longer a real gain for the Palestinians, as it came to activate the Oslo accords with the Israelis, and it aims ultimately at declaring the establishment of the Palestinian state and establishing a comprehensive and final solution. Due to the core issues of disagreement that are represented in Jerusalem, refugees and settlements, but Israel worked to get rid of its obligations in this plan and worked to freeze it, despite international and American attempts calling for the activation of this map, but the Israeli refusal and obstinacy prevented it from being activated, and the worst thing about that is the work of the United States, On moving its embassy to Jerusalem and declaring Jerusalem the eternal capital of Israel, and this matter made it impossible to activate the road map, since Jerusalem is the main pillar on which it cannot be compromised and for its sake, and in the midst of these complicated circumstances we are asking the impossibility of activating the road map between the Palestinians and the Israelis.

THE CONCURRENT LIABILITY FOR THE TORT IN THE ENGLISH LAW/ AN ANALYTICAL COMPARATIVE STUDY WITH THE JOINT OR SOLIDARY LIABILITY, FOR THE COMMON ILLEGAL ACT IN THE IRAQI CIVIL LAW

Yunus Salahuddin Ali

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 67-103

The concurrent liability for the tort is considered generally as type of the civil liability included in the law of torts, which is a part of the English Common law of customary origins, which is unwritten and based upon judicial precedents of the English courts. It is worth-bearing in mind that this type of liability arises as a result of the participation of two or more tortfeasors independently and separately in inflicting the same damage to injured plaintiff. Or when two or more tortfeasors commit the common breach of the duty of care, or their combination in committing one tort with a common design. To inflict the same damage to injured plaintiff . It is also worth-mentioning that this type of civil liability is classified into two considerable sub-types, that is to say. The several and joint liability. Whereas the Iraqi civil law No. (40) of 1951 regulated also the joint or solidary liability, for the common illegal act. According to which both the defendant and the third party are considered jointly liable towards the injured plaintiff . and the contribution of the liability is distributed between them, in accordance with grossness of their harmful or illegal acts respectively. Or it can be apportioned by the court equally. If it will be unable to determine the ratio of their particioation in the liability. Keywords: Concurrent liability. joint or solidary liability. common illegal act

CRIMES OF SPREADING A DANGEROUS DISEASE IN IRAQI LEGISLATION

Esraa Muhammad Ali Salem; Senior legal advisor. Kamal Rahim Aziz

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 104-117

Everyone has the right to health , which is guaranteed by public relations announcements, positions and attitudes, and urges the spread of a healthy culture. Iraqi legislation has enshrined what was stated in declarations of rights, international charters and covenants, as Paragraph 1 of Article 31 of the Constitution of the Republic of Iraq of 2005 guaranteed the preservation of public health, while the amended Penal Code No. 111 of 1969 criminalized acts that would spread dangerous diseases, whether intentionally Or a mistake and by any means, such as spitting the patient on the floor, coughing without a tissue, violating the quarantine, mixing with others, or not adhering to preventive orders and measures, in Articles 368 and 369, as they are considered crimes against public health, which are at the same time crimes of general danger.

CRIMINAL RESPONSIBILITY OF MEMBERS

Muhammad Hussain Muhammad Al-Hamdani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 118-144

Most countries, in their internal legislation represented by constitutions or penal laws, exempt members of the House of Representatives from being subject to the penal code for considerations of public interest, with explicit provisions, to protect them against forms of abuse, threats and reprisals, whether by other authorities or by individuals. Therefore, members of Parliament may commit criminal acts in which the conditions for establishing penal responsibility are fulfilled, but the existence of immunity may prevent it from being established against them in an absolute and permanent manner to ensure that they express their opinions and ideas freely and independently, and it is called objective immunity here.

INFLATED THE MANDATORY CONTENT OF THE CONTRACT

Abdul Basit Jasim Mohammed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 145-177

The concepts of individualism and freedom are no longer among the foundations that drive the law, since it entered the stage of the social function, which the legislator, with the aim of achieving it, has turned towards concern for the public interest, social solidarity and protection of the weak party in the contractual relationship, so the contract no longer has legal value unless it is employed in the service of society. The status of the contractor has ceased to have its previous effect on the general theory of the contract, for the will of the contractors alone is not sufficient to establish the obligation, since the freedom of the individual began to be exercised within the framework of the group, given that it is a freedom with a social function, and as a result of technical and economic developments, and the accompanying complexity in goods and services, the state was forced Modern, to interfere with the content of the contract, through legislation and the judiciary, and imposed compulsory obligations in the contract originating from private legislation; A protection for the weak party, as long as the contract between a strong party monopolizes technical expertise, and another with a weak experience in need of contracting, does not actually achieve contractual balance between the parties, which generated an inflation of compulsory contractual obligations at the expense of voluntariness, and was reflected in the result on the general principles of contract theory, such as authenticity, relativism and the type of Liability and compensation.

THE ROLE OF THE AUDITOR IN ACHIEVING TRANSPARENCY AND DISCLOSURE OF INFORMATION IN THE STOCK MARKET (A COMPARATIVE LEGAL STUDY)

Azad Shakur Salih; Bakhtyar Sabir Baiz

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 178-217

The commitment to transparency and disclosure of information related to the paper securities reciprocal in the stock market is gaining great importance that is increasing day by day, particularly with the emergence of new markets and the different accounting systems, especially as the accounting systems and modern financial structures have become more complex than they were in the past. Accordingly, transparency and disclosure are not a gift or a grant that companies give through accounts auditors ’reports to shareholders or investors, but rather they are a necessity imposed by legal and professional rules as principles that are adhered to in order to provide the appropriate climate inside the stock market in order to provide the necessary information and data and it helps investors in making their decisions on a scientific and professional basis, therefore the auditor by his professional role contributes to achieving transparency and disclosure and enhancing stability in the stock market if he fulfills the responsibility entrusted to him, as it is the generally approved entity by all sectors and private and public institutions to be guided by their opinion and rely on Its reports, especially the financial reports that are approved by the auditors are one of the components of an efficient market, and with the Increasing confidence in it increases its importance and role in enhancing the stability of this market.

VIOLATIONS OF CHILDREN DURING NON-INTERNATIONAL ARMED CONFLICTS

Nadher Ahmed Mindeel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 218-253

That the protection of children during armed conflict is a responsibility of the international community, because it represents protection for the future of all humankind. The international community has not forgotten this importance and has worked to provide protection and care for children. However, we see in various parts of the world violations committed by children during armed conflict, whether international or non-international, among the most victims of these conflicts.With regard to violations against children during non-international armed conflicts, there are three very serious violations: recruitment as combatants in armed groups or government forces, and sexual exploitation of them in the worst forms, which leaves a very severe psychological impact on children, And eliminate their innocence and childhood, and the torture they may be subjected to by the parties to the conflict in brutal ways, and this is one of the most serious violations against children.The increase in non-international armed conflicts, the resulting serious violations against children, and the suffering of the children of Iraq, Syria and the world are tragic despite the protection provided by the rules of international law, but the violations continue. The problem of research is on the continuing violations of children in non-international conflicts and the protection provided by the rules of international law, and whether they are sufficient to protect this category.

THE COMMITMENT OF THE CONTRACTING ADMINISTRATION TO TRANSPARENCY IN ITS SIGNING OF CONTRACTUAL SANCTIONS -A COMPARATIVE STUDY-

Hassan Mohammed Ali Hassan ALBanan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 254-302

The management bodies ensure their needs and the needs of the revenues through the signing of government contracts, so that these contracts are not an introduction to administrative corruption, and implemented with guarantees to ensure their proper implementation. The most important of these guarantees are transparency in the performance of government performance in general Especially in the field of administrative contracts, transparency is a relatively recent term, but now it has changed from a mere idea to a constitutional one sponsored by legislation. It has become a place for international efforts that have strengthened its value. Transparency has become a global organization that calls for its support and helps states to work in the field of government performance, With regard to transparency in contracts, management has powers during the execution of a contract that must be exercised in accordance with the requirements of the principle of legality, in particular its authority to impose contractual clauses in order to ensure that this is far from excessive and abuse of power.

CITIZEN INVESTMENT FUND

Mustafa Nateq Saleh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 303-323

The Citizen Fund is one of the most innovative funds in Iraq in accordance with the law of the Iraqi National Oil Company in force, where the Fund grants a special share to every Iraqi citizen living and resident of the revenues from the sale of oil and gas after determining a special percentage, the existence of this fund is a means of raising the standard of living of the Iraqi citizen by determining a certain percentage of oil revenues to be distributed in shares to Iraqi citizens residing in Iraq, which will provide economic recovery and development of financial resources with various projects that benefit the citizens if it is applied optimally.

CHANGING TECHNOLOGY CONTRACTS (SMART CONTRACTS)

Halah Salah Al-Hadithi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 324-345

Smart contracts is known as code applied directly, and this technique reduces time and effort, as it establishes the principle of self-implementation of contracts. The main aim of smart contracts is to reduce the need of intermediates. Also, it submitted more secure documents. All these will applied by blockchain technology. In our paper, we suggest to organize this type of contracts in Iraqi laws using blockchain technology.

LEGAL QUALIFICATION OF ISIS CRIMES AGAINST THE YAZIDI KURDS

Saman Abdulla Aziz; Rebwar Jabbar shexa

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 346-392

The Islamic State of Iraq and Syria (hereinafter ‘the ISIS’) as an extremist organization had and continues to commit several crimes against the Yazidi Kurds as an ethnic component since 3/8/2014 in Iraq. The crimes took the forms of systematic killing, pillage, enslavement, captivity, rape, displacement and destruction of villages in the area. The facts and evidence obtained, indeed, prove that these crimes do not fall under the Iraqi national law only, but also fall under international law. The reason is that the nature of the crimes committed are in violation of the statute of the International Criminal Court, international criminal law and international humanitarian law, as well as many relevant international agreements and protocols. At national level, these crimes are also in violation of the applicable criminal laws in Iraq and the Kurdistan Region, such as the Penal Code and the Anti-Terrorism Law. In addition to these crimes, this component’s sufferings were worsened due to the absence of prompt justice to hold most of the arrested members of the ISIS accountable in front of the law until the moment writing this research. The main dilemma in this context is associated with the difficulty of filing a complaint against the ISIS members before the International Criminal Court since Iraq is not a party to the Rome Statute, and it has not accepted temporary jurisdiction of this court for these crimes. Meanwhile, the Iraqi government did not take any step forward to bring the case against the ISIS members before the Iraqi judiciary, which seems to be due to political and many other legal reasons. This research addresses these legal aspects and analyses them within the scope and subject of research.

THE FOUNDATIONS FOR THE SUCCESS OF CONTROLLING PUBLIC SPENDING IN GOVERNMENT CONTRACTS

Saad Attia Hamad Moussa

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 393-414

It is undoubtedly established that the control of public spending in government contracts is of indispensable importance in demonstrating the prestige on which the view of controlling the implementation of public spending has settled. Various physical and human supplies and information systems

DIRT PENAL EFFECTS ON THE PREJUDICE OF PUBLIC MONEY-COMPARATIVE STUDY-

Mohamed Hasan Merie; Joan Nasih Ameen

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 415-443

Public money was and still is one of the most important means of running the public facility, without which the human element (employees or those charged with a public service) cannot carry out their work and provide services, as it represents the necessary tool for carrying out public office work and then achieving its requirements and supplies, so any breach or prejudice to public money may be It would disrupt the access of services to the public, and that might be prejudice by whoever has public money in his hands or in his custody and he is the public employee, and this behavior by the employee is the focus of our study in this research, and to reach the subjectivity of the crime of prejudice public money by the employee requires knowledge of the provisions General that T. We apply it, starting with moving the lawsuit and ending with the penalties resulting from it.

ACQUISITION OF COMPANIES AND THE ROLE OF REGULATORS IN IT

Radhwan Hashem Hamdoon

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 444-469

Due to the huge increase in acquisitions between the commercial companies on the local and international levels within the last two decades in response to what has been imposed and enormous and the occurrence of current global financial crisis which has created a state of necessity for creating large economic entities can compete to look for growth، profit and increase the flow of capital across the national borders of different countries. It was important to tackle the issue of acquisition of commercial companies through a legal perspective based on the method of analysis and verification by searching in the general provisions to identify the fact of acquisition in terms of its legal aspect، causes and its effects to find the difference between it and the similar legal systems to address some economic and legal problems faced by the companies in particular and economic projects in general after the different time stages . The regulatory authorities in the acquisition of companies have an important role، in monitoring the acquisition process، and the competence of these authorities to monitor and supervise the completion of acquisitions between companies، especially joint stock companies. These authorities are the ones that undertake supervision، control and follow-up to apply the rules and principles of acquisition from one company to another، and monitor the executive procedures to be followed when receiving a purchase order with the intention of acquisition from one company to another.

THE INSTITUTIONALIZATION OF POWER IN IRAQ BETWEEN THEORY AND PRACTICE

Muhammad Yusef Muhaimid; Ali Sufyan Abdullah

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 470-494

The state seeks to achieve progress and prosperity for its citizens through the rule of order and the establishment of security and the dissemination of the values of justice by applying the law to all "rulers and governed" because it is responsible for Alfred working or unemployed, if the individual must ensure "need and need" and the people look The direction of the government, which has the task of achieving justice and democracy, preventing exploitation and raising grievances by achieving equal opportunities among citizens and dissolving them for differences, this requires an expert and strong executive body to be the pillar of the rule of law and the institutionalization of power and the transformation of state authorities into functions to serve individuals and to maintain security, economy and welfare under the law and the Constitution.From this basis came the importance of establishing power in Iraq because we believe that the democratic transition that took place after 2003 has not yet produced a real institution for Iraqis

TOWARDS ADOPTING THE TRIPARTITE DIVISION OF THE SOURCES OF COMMITMENT IN THE IRAQI CIVIL LAW (A COMPARATIVE STUDY)

Muhammad Hanoon Jaafar

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 495-534

The commitment theory represents one of the basic pillars on which the civil law is based, and the subject of the divisions of commitment sources is one of the basic topics in commitment theory. Where the sources of commitment have been the subject of study and doctrinal discussion by quite a few civil law jurists, and the positions of civil laws on them have varied and differed among themselves. Therefore, we find that the arrangement of the sources of commitment in civil laws has witnessed a continuous development and change. Perhaps the most prominent of this development is what happened in the French Civil Code in 2016. A broad and large amendment to the French Civil Code in force for the year 1804 was issued, and the new division of the sources of commitment in the French Civil Code, It is he who was called for by quite a few civil law scholars in Egypt, including specifically Prof. Dr. Abder Razzaq Al-Sanhoury, and it was also adopted by the Iraqi civil law draft of 1986, which means that Iraq preceded France in trying to adopt the tripartite division sources of commitment.

HEDAYAT AL-BARI ON AL-BUKHARI'S TRIADS OF AL-BAYUMI (1108-1183 AH) A MANUSCRIPT THAT HE VERIFIED AND STUDIED (FROM THE EIGHTH HADITH TO THE TWELFTH HADITH)

Nouria Mahmoud Khalaf; Omar Najm Al-Din Anja

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 535-562

The word of God Almighty as the first source, falsehood does not come to him from before him or from behind him, and it is a revelation from the Lord of the worlds, it is our constitution in which we guide us if we follow his teachings and follow his approach and orders. Therefore, the eminent scholars were assigned to serve him and serve the Sunnah of our Prophet Muhammad (peace and blessings of God be upon him) as it is the most time-honoured, greatest and most prestigious service for him as a second source after the Holy Qur’an with their practical realization. its linguistic and legal implications; Because it relates to legal rulings; Since the Sunnah is a second source after the Noble Qur’an for clarifying the legal rulings, the matter requires knowledge of the hadith’s corroboration and the statement of harm and modification to know the authenticity of the hadith.

LEGAL MEANS OF PROVING BREASTFEEDING BETWEEN SPOUSES A COMPARATIVE STUDY OF ISLAMIC JURISPRUDENCE AND IRAQI LAW

yasir Dawood salman AL- uzir

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 563-584

This is a study that shows the intentional jurisprudential treatment of the issue of proof of breastfeeding between spouses, in which statements differed, and in which she was anxious to add a comprehensive study of this topic in which she mentioned the opinions of the eight jurisprudential doctrines, then put all that in the form of the preference between the jurisprudential view and the legal view, and I chose to compare the law of status Personal and law of evidence Iraqi, then concluded the research by listing the most important findings that .

THE ROLE OF THE ADMINISTRATIVE AND CONSTITUTIONAL JUDICIARY IN PROTECTION OF PRIVATE PROPERTY IN THE FIELD OF DISTRAIN AND GUARD(Quoted)

Majed Najm Idan Al-Jubouri; Ahmed Khorshid Hamidi Al-Mufraji; Kanan Mohammed Mahmood Al-Mufraji

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 1, Pages 585-626

Private ownership is the most important natural entrance to increasing development and the most effective way to achieve its causes and results, which leads to the prosperity of the community and ensures its progress. He tried to enclose private property with numerous protections and guarantees, and he was very careful to guarantee it the best protection with explicit and categorical texts that do not bear interpretation.In this research, we have clarified the role that both the administrative and constitutional judiciary play in protecting private property, which is one of the most important rights enjoyed by members of society, and what it constitutes a guarantee against the abuse, tyranny and pervasiveness of the public authority and the administration when it tries to apply some restrictions imposed on private property. The public authority and administration of the constitutional and legislative rules that lay down the specific scope of those restrictions.We also decided to clarify the concept of both custody and guard, as well as to identify the controls and guarantees set by the legislator and emphasized them, and he was keen that the public authority and the administration are committed to following them and not exceeding them when trying to apply these restrictions, which paved the way for our study and understanding of the role played by the administrative and constitutional judiciary its clarification and the protection it provides for private property; To ensure that there is no abuse or abuse.