Volume 10, Issue issue 38 part 2, Summer 2021


IRAQI - BRITISH CULTURAL RELATIONS

Sattar Jabbar Al-Jaberi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 1-29

Cultural relations are among the most important aspects in which countries seek to upgrade their external relations, so that many countries of the world have been able to find a strong presence in many other countries through their active cultural presence, in addition to that, the cultural presence greatly enhances the reputation of the states and introduce them and their civilizations.Iraq and United Kingdom have strong ties dating back to before the establishment of the modern Iraqi state and relations have evolved during various historical epochs. We have chosen writing in an important axis of them, which is "Iraqi-British Cultural Relations", thus providing a historical prelude to the development of relations between the two countries.

THE DISSOLUTION OF PARLIAMENT IN LIGHT OF THE BALANCE BETWEEN THE POWERS: A STUDY WITHIN THE FRAMEWORK OF THE IRAQI CONSTITUTION 2005

Dr.Okab ahmed mohammed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 30-46

The Iraqi legislator adopted the parliamentary system in the constitution 2005, the parliamentary system includes the balance between the legislative and executive authorities, this balance is achieved when both authorities have a means of mutual influence. Where, the means of influence that the legislative authority has towards the executive authority is the withdrawal of confidence, while the means that the executive authority has is terminating the House of Representatives. These two means are a weapon that one possesses against the other, this assists in ensuring the balance between the executive and legislative authorities. States around the world have included such balance in their constitutional texts, with varied dealing with the issue of dissolution of the parliament. this depends on number of reasons including the philosophy of the constitution, the nature of the political system and the extent of achieving the balance between the authorities of the state. The disagreement between the government and parliament is the main reason which might lead to the pursuit of the terminating Parliament by the execution authority. So that, this research examines the issue of the dissolution of parliament as an efficient means to keep balance between the two authorities.

THE FEDERATION COUNCIL IN THE FEDERAL STATES AND IRAQ (A COMPARATIVE STUDY)

Mohamed Omar Mouloud

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 47-80

Our research (Union council in the federal states and Iraq) involve on the role of the union council in the federal system that distinguished as an important sign of the participation of the Regions in the federal constitutional institutions and we specked in this field about the many federal states and because the role of this council is different from the certain federal state to another and because that we discussed the role of this council in some states that give him the position that more important than house of reprenstatives in special in united states of America and Brazil and after that the role of this council in some states that gives it equal role with another council special Swiss and India. In addition, that we discussed role of this council in federal Russian and Ethiopia that gives this council role less than house of reprenstatives so we discussed the position of the union council in the Iraqi constitution of 2005 and we foxed upon that our constitution thumped from the public base which followed by the comparative federal constitutions which text on how to form this council and its powers, specializations and everything relate to it association with the council of reprenstatives, but our mentioned constitution allocated fifteen article for show how to form the council of reprenstatives, and its powers, only one article has been allocated to union council and article 65 texted on that the house of reprenstatives would legislate the law by two-third of its members which involve how to form the union council and its specialization, and everything relate to it, but the mentioned constitution postponed that to after first electoral course, but we would mention that yet now and after more than fifteen year the council of reprenstatives didn’t legislate this law, so we showed the most important conclusions and recommendations which we reached about this subject.

( THE STRIKE AND THE RIGHT TO EXERCISE IT BETWEEN RESTRICTIONS AND EFFECTS) "ANALYTICAL LEGAL STUDY "

Sheet Mustafa Khudhur Kakashin.

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 81-128

The strike has a long and ancient history that introduced civilizations and is recognized today, and passed through it through different stages between permissibility and prohibition, and many victims and disturbances occurred in the societies initiating it, as the last resort to which the worker sought in order to enjoy his rights, sometimes it was known as a political issue and another considered professional For a specific sect without the other, in order to reach recognition as a constitutional and legal right, provided that it is exercised with conditions and restrictions, to ensure the facility's functioning in providing its services to the public. There are two forms of strike, and there are types under them. The legitimate strike is that which is consistent with what the law permits and is consistent with public order and morals, while the other is the opposite and that its perpetrators are subjected to penal, financial and even administrative penalties. Terms similar to the strike: such as demonstrations, sit-ins, closures, civil disobedience, resisting tyranny, which can be considered an extension of the strike and part of its escalation stages, but by peaceful means, and all this when the administration does not respond to the demands of the strikers and is intransigent with it. The right to strike was stipulated in the constitutions and laws, as well as regional charters and international agreements in the middle of the last twentieth century, and workers began to exercise it, but it is within the framework of internal laws that regulate the right and conditions and restrictions for its exercise. However, these restrictions must not reach the point of prohibiting the right to strike completely And these legislations differ from one country to another. That the strike has effects, so the effects of the legitimate strike lie in the survival of the relationship between the employer and the worker, along with cutting their daily wages without being affected by the non-striking non-strikers. As for the effects of the unlawful strike, it is represented in the cessation of work and the harm to the employer and the beneficiaries of this work, and the resulting unrest as well as exposure It is subject to penalties and claims resulting from compensation to the employer for his damage as a result of the strike, not to mention that in the case of the strike in its two forms, It should not affect the facility’s continuity in providing its services, and the effects of the two images on the general social situation of the country, including political, economic and administrative, lead to a disturbance of those conditions and as a result this is reflected on the individual and society as a whole, which threatens disasters that may threaten him.

THE EMPLOYEE'S DUTY TO CONCEAL THE JOB SECRET - A COMPARATIVE STUDY -

Ahmed Qasim Ali Sharhan Al-Sudani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 129-149

The obligation to conceal the job secret is one of the negative obligations of the public employee according to the laws regulating the public office, which can be measured by the method of measuring the loyalty of the public employee to the country to which he belongs and the administration to which he belongs. To keep his secrets, and this duty imposed by the rules of religion, morals, honor and honesty, as the disclosure of any act indicates a betrayal of trust and an assault on personal freedom, so it is an ethical and legal obligation as all functional legislation stipulates it, and that the employee’s breach of the duty to conceal a job secret is a prohibited act. Which requires criminal, civil and disciplinary accountability.

AUTHORIZATION IN ADMINISTRATIVE LAW

thenon sulaiman younis

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 150-193

Administrative authority is the most important legal means to reduce the burden on the administrative president who has a set of powers specified in the law. However, the president does not exercise this legal method in the same manner as it is governed by restrictions and controls because of non-respect to make all actions of the president and subordinates based on compensation null and void. Therefore, in order to have a proper administrative mandate, it is necessary to provide the substantive conditions and to the officials required by law. It is clear to her that the process of administrative authorization requires the availability of certain sizes of legal conditions that are distinguished from similar legal systems. This is the issuance of the authorization decision, which arranges the legal effects of both the authorized and delegated parties, and according to the requirements and hierarchy in the principles of administrative organization. The administrative delegation emerged because of the development of the administrative legal system, as a means of reducing the burden of the administrative head.

TREATIES THAT WAR ENDS

Taha Mhaimeed Jasam Alhadade

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 194-221

One of the difficult problems that international treaties face when a war is waged between the parties to the treaty is what the fate of these treaties will be. The meaning of the war here is its technical and factual meaning that the issue of the impact of war on the effectiveness of international treaties raises great difficulties because of its ambiguity in international law and the lack of specific principles that we can infer from its application to a particular treaty. The treaties that can not remain and continue to enter into only in an atmosphere of peace, treaties whose existence is linked to the situation of cooperation and friendship, if a war broke out between the parties to these treaties, it will end it And flared Including trade and friendship treaties, diplomatic relations and other treaties, which are organized under the concept of cooperation and friendship

LEGAL ASPECTS OF THE DECISION OF THE FEDERAL SUPREME COURT THAT THE CONTINUED DETENTION OF THE SENTENCED PERSON WHOSE SENTENCE HAS ENDED BECAUSE OF THE NON-PAYMENT OF THE DAMAGES CAUSED TO THE STATE IS ILLEGAL

Marivan Mustafa Rashid

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 222-243

The crimes that cause harm to state funds such as embezzlement and theft of state funds are among the most serious crimes, and the legislator tries to take legal means to guarantee the state regaining its rights, so the Revolution Command Council (Revelation Council Decree No. 120 of 1994, which stipulates in article 1 that (The convicted person shall not be released for the offense of embezzlement or theft of State funds or for any other criminal offense committed after the sentence has been served unless such funds are recovered, transferred, replaced or valued.) The decision remained in effect until the Federal Supreme Court's decision of 3/8/2017, which ruled that: (The Federal Supreme Court decided that decision 120 of 1994 was unconstitutional and repealed ... In this way, the sentenced person was released at the end of his sentence, even if the State had not had its rights, this decision raised legal problems, which were the focus of our study in this research.

THE GENESIS OF THE INTERNATIONAL LAW OF OUTER SPACE (LEGAL-PHILOSOPHICAL STUDY)

Hassan Hadi Nehme; Mohamed Sultan Hassan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 244-268

The international law of outer space gradually emerged like other branches of public international law, as it began to appear in real terms with the scientific and technological development that made man reach space, and if the human access to space was - previously - a matter of imagination, then it quickly put this imagination into reality, and dreams were transformed. To a reality with the scientific explosion and the accompanying manufacture of vehicles and satellites, the matter with which states felt fear of this development that is not governed by legal regulation, and this development and this feeling of the absence of a law governing space was the impetus to start holding meetings between countries under the umbrella of the United Nations To establish a fair system that governs outer space in a way that serves the interest of all countries of the world. The importance of this research lies in the fact that Iraqi legal jurisprudence did not deal with the international law of outer space with study and analysis, with what it deserves to be researched. Studies on this branch of public international law are very few, if not non-existent in most of its aspects, in contrast to what is present from Studies in Arab and Western jurisprudence, so we decided to prepare a series of legal studies, which shed light on what is related to outer space.

التأمین على الحیاة بین الشریعة الاسلامیة والقانون

Muthanna Sarhid Saleh Al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 269-285

The insurance contract is considered one of the contracts that has sparked a great jurisprudential controversy, as it is one of the contemporary jurisprudential issues that were not known until later times, as most of the jurists do not permit such contracts, because of the clauses and pillars that are similar to what is in gambling and we all know that gambling is forbidden according to Sharia. Which is not in line with the purposes of our glorious Islamic Sharia. Therefore, we tried to discuss this topic in some detail in terms of defining the insurance contract as well as explaining its image, objectives and legal nature as a comparative study between Islamic law and statutory law, all in two studies.

DISTINGUISHING COMMERCIAL ARBITRATION FROM THE JUDICIARY AND ITS LEGAL NATURE

Adbdulsattar ahmed majed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 286-315

Arbitration as an alternative means of resolving disputes is not a modern system, its origins extend to ancient times and it is one of the means of settling disputes between the concerned parties by a person from others far from the state's jurisdiction. General judiciary, and was recognized by all the basic systems that prevailed at that time, such as the Babylonian, Sumerian, Pharaonic, Greek, Roman, Islamic and other civilizations.One aspect of jurisprudence believes that he is in charge of conciliation, as well as arbitration, is a person from others in relation to the disputants, including that this person, the conciliator, is the choice of these, and he pursues the parties and recognizes their point of view, hears their sayings, and arrives at a solution that ends the dispute, in a way that preserves the continuation of Their future relationships.

MONEY LAUNDERING CRIME IN IRAQI LEGISLATION (AN ANALYTICAL STUDY)

Niyan Jaafar Hassan Ahmad

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 316-342

The crime of money laundering is one of the most prominent economic problems that societies suffer from because of the imbalance and stability it represents, which are the main pillars for achieving the development of societies and their development. Therefore, it is one of the most severe financial crimes, with its serious repercussions on the political, economic and ethical fields and on various individual, societal and institutional levels.

THE RIGHT TO PEACEFUL DEMONSTRATION IN NATIONAL CONSTITUTIONS AND LAWS (A COMPARATIVE STUDY)

Roshna muhammed amen

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 343-370

The right to demonstrate and protest is a human right from which many different basic rights ensue. While no human rights law or national constitution grants the absolute right to demonstrate, And that this right is considered one of the constitutional constants, meaning that any individual in an assembly has the right to demonstrate peacefully, whether in an official or informal public meeting, on matters of public interest of whatever nature. Since the freedom to form opinion is not subject to censorship because it is a private matter for its owner, and this is confirmed by constitutions and national laws, but the reality indicates otherwise due to the attacks carried out against demonstrators In many countries, including Iraq, where demonstrators were attacked in October 2019 by various means, and many demonstrators were killed This has led to an increase in the anger of the Iraqi street, and that these attacks are clear evidence of the failure to implement the Iraqi constitution of 2005 Which emphasized the freedom of opinion and expression in Article (38/3), where this article emphasized the freedom of assembly and demonstration, and that this is regulated by law Indeed, the draft law was prepared, but unfortunately, it has not yet been voted on by Parliament. That is why we demand the Iraqi legislator to quickly legislate the law of peaceful demonstration, as well as to implement the articles relating to the right to demonstrate on the ground.

THE LOAN ACTS FOR 2020 ANALYTICAL STUDY

Ahmed Jaber Hameed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 371-394

In this research, we examined the analysis the borrowing acts for the year 2020 and the size of Iraq's financial crisis, from the angry popular protests, the spread of the Coronavirus pandemic and the collapse of oil prices, which led the government to its tQotal fiscal inability to pay even its employees. We explained how the signs of finding a way out of this stifling crisis began to move towards borrowing. We also pointed out how the dispute between the Government and Parliament over the borrowing mechanism has intensified, as the dispute has gone into the most detailed form, resulting in a delay in covering the Government's financial burden, which has had a significant economic and financial impact on most segments of the society. We also outlined the measures contained in those laws with regard to the collection of non-oil revenues. We have put forward many proposals that, if adopted, would reduce the risk of such a crisis and reduce its potential for the future.

RESPONSIBILITY OF STATES FOR CRIMES OF SUPPORT AND FINANCING OF TERRORISM

Khaled Ahmed Matar

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 395-421

The fight against the support and financing of terrorism is a key pillar in the fight against terrorism. Terrorist financing has gained international prominence since the mid-1990s. States are unable to support and fund "clean money" for terrorism. This is not an old crime but an independent terrorist financing crime Just as the collection of funds with the intention and knowledge that they are used to support and finance acts of terrorism to the emergence of criminal responsibility under domestic and international law, and the countries supporting and financing terrorism subject to unilateral sanctions from the Security Council throughout the eighties and nineties, Sponsored and funded by states, was aimed primarily at provoking political opponents or increasing political aspirations in certain areas. A criminal responsibility was imposed on the state in the case of state terrorism issued by one of its agencies as well as civil responsibility.

THE STRATEGY OF INTERNATIONAL PEACEKEEPING FORCES IN THE SECURITY FIELD QUOTED

khalida danoon mare; Parez Najmuldeen Kareem

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 422-453

The security strategy of the peacekeepers is one of the important and interesting topics for discussion, because it is related to the issue of building the state in security after the end of the armed conflict, in order to help it advance in all areas, especially those of a security nature for Providing peace and stability as an alternative to armed conflict. It is based on addressing the causes that led to the outbreak of armed conflict in order to avoid a return to conflict again.The peace building process is an essential pillar for rejuvenating the situation, rebuilding what was destroyed by war, and achieving lasting peace and stability in post-conflict areas, as this process aims to create lasting stability and peace based on strong pillars that are not rapidly eroded and the parties return to the state of armed conflict and other acts of violence. The end of the war does not necessarily mean that peace has been achieved, otherwise what is the role for which peacekeepers were found, as building a comprehensive and sustainable peace does not it can be achieved without a roadmap through which it can proceed according to it, and implement its plans drawn on the ground, and this map is interconnected loops that complement one another, as the security strategy begins with the creation of the expansion of United Nations operations in conflict areas, and then campaigns the removal of mines, and finally the disarmament, demobilization and reintegration campaigns, which are called the “Security Strategy”, and it is necessary to point out that these mechanisms may not be applied according to this sequence, but according to the circumstances of each country in order to prevent it from slipping towards conflicts and conflicts again.

THE OVERSIGHT OF THE IRAQI KURDISTAN REIGION PARLIAMENT OVER THE EXCUTIVE POWER

Shorsh Hassan Omar; Rozhgar Ahmad Mahmood

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 454-503

For obtaining a balance between the legislative and executive power, the constitution of modern states grant Parliaments the tools that empower them to scrutinize the government, Therefore, the laws of constitutional nature of the Iraqi-Kurdistan Region granted such tools to the Kurdistan Parliament to Achieve that objective. However, the fact, both legal and practical, proofs vise –versa due to the dominance of the government over the Parliament, thus, the Kurdistan parliament has defeated in realization of this aim, and there couldn’t be any discourse about balance of powers, in Kurdistan Region of Iraq, but there is a dominant power over all the others which is the Executive.

THE RULE OF CONFIDENTIALITY OF JUDICIAL DELIBERATION IN THE JUDICIAL CASE "A COMPARATIVE STUDY" Quoted

Ahmed Samir Mohamed Yassin Al-Sufi; Qahtan Aziz Mohsen Al Nuaimi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 504-529

Judicial deliberation is a stage of the civil judicial ruling in which the discussion and exchange of views are held between the judges about the verdict and its reasons in a professional and objective manner. Therefore, it is subject to a set of organizational rules that regulate the deliberation and consultation process for itself, which must be observed regardless of the composition of the court in order for the judicial deliberation to take place. It is correct due to its legal effects, and among these rules, that the deliberation is confidential only between the court’s judges, and no one else can hear it, and that no one participates in it, regardless of his legal or functional capacity.The goal of establishing this rule is to provide the judge or judges with the opportunity to express their views on the judgment to be issued freely and independently, away from external influences, whatever they may be, as the commitment to confidentiality of judicial deliberation is a functional and legal restriction that exposes the judge responsible for breaching it to legal punishment. Finally: The most appropriate penalty for breaching this rule is that the responsible judge is subjected to disciplinary punishment (disciplinary punishment) as it is considered a breach of the duties of the judicial office.

CRIMINAL RESPONSIBILITY FOR MORALITY CRIMES USING MODERN TECHNOLOGIES Quoted

Abdal Hakem Thanoon Younis Yousif; Rajh Mohamed Abrhim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 530-553

The vast progress in the field of technology has largely affected the community both positively and negatively at a time. The positive impact of technologies lies in the services rendered by them in defferent fields including social media and other services. The negative impact of technologies is represented by the modern technological methods which have largly affected the community and created a suitable environment for committing varied kinds of crimes. The study of the topic of morality crimes resulting from the use of the modern technology is divided into two chapters

THE SUBSTANTIVE CONDITIONS OF PARTNERSHIP AGREEMENT (A COMPARATIVE STUDY) Quoted

Ahmed Khorsheed Hamidi; Amer Ashoor; Abdullah Maryam Mohammed Ahmed

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 554-592

Contracts of partnership are considered long-term contracts convened between the public and private sectors. In such contracts, the private contractor perform the set up, financing or maintaining infrastructures and other related services, in exchange for sums of money paid partially periodically by the public sector. The contracts are normally based on sharing the risks of project implementation between the two contracted parties. In view of the importance of these contracts, countries have initiated special legislation to regulate the provisions of these contracts and lay down the main frameworks governing them. They have been required by contractors to include them in a number of conditions, so that the parties to the contract can know their rights and obligations. For having realized the important role of partnership contracts in facing the deficit of the state's general budget, and in addition to targeting participation of the private sector in the economic and social development process in Iraq, and to initiate a legislative framework for the partnership, the Iraqi legislator has formulated a draft law (partnership between the public and private sectors) which is expected to be issued in the near future.

THE PREVENTIVE MEANS TO REDUCE OF ANARCHIST CONSTRUCTION(A COMPARATIVE STUDY) Quoted

sami hassan najm al-hamadany; anaam sabhan hamid al-jumaily

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue issue 38 part 2, Pages 593-613

Environment protection of Anarchist construction is considered from affairs which araised in community in the latest period that request to surround and restrict it then to treat it. But most of studies and researches focused to study the random housing from social and geography and engineering vision and with brief shape، without trying to treat it or facing it from legal vision and don’t differ between the anarchist construction and random housing that cause to the development of volume of anarchist construction and extended it in the world، particularly in Iraq، as Baghdad and other governorates started to lose their features and personality. And the Legislation in state ensure protection environment case and annihilation on the anarchist construction, therefore it was important for the environmental curbed authorities administrative to carry out and rose them importance work and to light their role in combating and countering anarchist construction and preventing attacks on state property including them vested in Law of administrative means its aim achievement peace and public order protection inside society including environment protection and beauty of anarchist construction at which be occasioned on dis carrying out this work anarchy event and disorder in chap that lead up to breach of in balance society itself