Issue 37 part 1


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Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 0-0

Contents of the issue, part one

SAVINGS CONTRACT - COMPARATIVE ANALYTICAL STUDY -

Sahar Hayal Ghanem; Akram Mahmoud Hussein Al-Bado

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 1-58

The money saved by the means and mechanisms possible at the present time within the institutional system or the private sector has economic importance, and that money is not a hindrance to the real beneficial investment according to restrictions and limitations. It is organized through contracts according to which obligations arise on the shoulders of its parties in comparison to the effects of the saving contract itself, which represent great importance in the lives of individuals and societies, whether saving is through a deposit account or through the investment funds method through specialized institutions voluntarily or compulsorily, or it is individual through saving. Familial.In the scope of the research, we are exposed to linguistic and idiomatic concepts and then clarify everything related to contracts in which saving can be determined with a focus on the legal nature of it, and the study is in accordance with the provisions of Iraqi law in this field, specifically explaining the position of the Iraqi legislator on the saving contract, both in terms of processing and organization Compared to other legislations that dealt with the subject in particular, considering that the savings contract may be consensual or compulsory by a law or a decision of the government, it is in turn subject to the rules of legal protection, even if it originally provides future protection

SUFISM AND DIALECTIC OF OPPOSITES IN IRAQ

Ahmed Ali Mohammad

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 59-88

The political and social developments in Iraq after 2003 led to the decline and decline of "Sufism" as one of the most important components of community unity in Iraq, which formed a fertile environment for the growth of the activity of "Salafia" and terrorist organizations, and the escalation of the Salafist tide in Iraq, which led to the control of the Islamic State organization(ISIS) over a third of the area of the country After the liberation of these areas, "Sufism" witnessed a return. Despite the importance of the political factor in explaining the return of Sufism, the political approach alone is not sufficient to explain these development.

THE IRAQI ADMINISTRATIVE JUDICIARY IN CASE OF NECESSITY - CORONA SCHEDULE IS THE MODEL

Fawwaz Khalaf Dhahir; Dhafir Madhi Faisal; Nawaf Mahdi Jower

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 89-113

It is agreed upon jurisprudence and the judiciary is that state institutions must keep abreast of developments taking place at various levels, for the purpose of carrying out their function, as is the case with legislative texts, they are also not characterized by stagnation, but must face the various circumstances and developments taking place, including facing emergency conditions that states may go through. And this matter is not limited to the executive and legislative authority only, but also includes the judicial authority, including the administrative judiciary, and since the world is currently passing through an emergency circumstance represented by the Corona pandemic that the whole world is going through, including Iraq, without being bound by borders, and the resulting The establishment of states Preventive and remedial measures, such as closing borders, imposing domestic and health quarantine, and permanently disrupting most state institutions, as well as the private sector, which prompted countries to search for alternatives and solutions, and among them was resorting to the work of those departments remotely using the Internet, and this of course It applies to the administrative judiciary in Iraq, as it is concerned first with oversight of the administration’s actions, especially if we know that the administration has taken measures that amount to restricting the rights and freedoms of people, which requires that this judiciary not stand idly by, but must work according to this emergency circumstance

THE MULTIPLE ACCOUNTS OF THE BANK CLIENT BETWEEN INDEPENDENCE AND MERGER, A COMPARATIVE ANALYSIS STUDY

bushra Khaled turkey

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 114-137

Banks play an important role in the economic life of countries by encouraging individuals to deposit their savings and then convert them in to productive funds by lending to others. Banking activity is heavily dependent on capital consisting of the total amount of depositors funds , the process of depositing money with the bank is carried out under contract or agreement between the deposited customer and the bank , and accordingly one account is opened to the deposited customer or several , similar or different accounts in the same bank or its multiple branches.These accounts are subject to the principle of independence of bank accounts from each other so that the credit balance of one of these accounts can not guarantee the balance owed in the other account, which has several negative effects that can be avoided through spending between the parties on legal means such as spending on the inclusion of the clearing clause in the contract or the merger of multiple accounts .

CRIMINAL LIABILITY ARISING FROM THE USE OF ALTERNATIVE MEDICINE (A COMPARATIVE STUDY)

Muhammad Hussain Muhammad Al-Hamdani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 138-175

Explaining the criminal responsibility resulting from practicing alternative medicine methods has a weakness in legal regulation, as the penal laws are silent regarding alternative medicine leaving this matter to the general rules that regulate the issue of criminal responsibility for intentional and unintentional acts. The integrity of his body by specifying deterrent penalties for crimes arising from practicing alternative medicine methods intentionally or by mistake. Likewise, it is difficult to find a point of convergence between a person’s right to characterize his body and methods of alternative medicine, especially if these methods are harmful to human life and safety, and here criminal responsibility for these methods is established, in addition to Therefore, the absence of the law regulating this case, for which many people sought to claim their knowledge and technical assets in the practice of alternative medicine.

THE COMPETENCE OF THE PRESIDENT OF THE REPUBLIC OF IRAQ TO ENSURE COMPLIANCE WITH THE 2005 CONSTITUTION

Friday morning Al-Bawi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 176-204

This research aims to study one of the competences entrusted to the President of the Republic of Iraq according to the Constitution of 2005 which is (the president’s competence to ensure compliance with the constitution). The research starts this by determining the influence of adopting parliamentary system on the competences of the presidents in general and in Iraq in particular, the research reviews also the nature of the aforementioned competence, its limits, ways of practicing it and clarifies the intention of the constitutional legislator about assignment such competence to the President of the Republic, and after that the research shows the truth of that competence and whether it exists practically or is it just a beautiful vocabulary but without meaning.The research concludes that Article (67) which stipulated that competence for the president of the republic required that the president exercise it in accordance with the constitution, but the same constitution was devoid of these provisions that should regulate the competence and indicated the tools and occasions for exercising it. This has made the competence merely an allegation without basis for regulation, limitation, or even existence. This prompts us to say; if the constitutional legislator wishes really to adopt that competence, the he has to organize and guarantee it, if not, he has to remove the competence, this is rather than mentioning hollow competence.

THE DEMOCRATIC DEFICIT IN IRAQ FROM THE PERSPECTIVE OF POLITICAL CULTURE INTERPRETATION OF (SOCIO - POLITICAL STUDY(

Najm al-Din Mohiuddin Al-Rikani

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 205-257

The problem of the democratic deficit that Iraq is currently experiencing is one of the most prominent problems it faced within the framework of the transition process towards building a new political system based on the principles and concepts of democracy, after the fall of the previous regime at the hands of American forces in 2003. Although the causes and factors of this deficit are many and varied, we decided to explain this deficit from a socio/political perspective, in particular through the cultural/ values variable, due to the importance of this factor and its great impact on the process of political transformation in general and democratic construction in particular in politically transformed societies and culturally diverse and socially like Iraq. This problem is embodied in the weak cultural environment in support of the democratic political transformation in Iraq. In other words, the absence of a political culture that fits with the requirements of this very delicate and sensitive transition period, while responding to the requirements of a sound democratic construction. This research seeks to shed light on this complex problem based on the variable of the prevailing political culture in Iraq before and after the political change that it witnessed, and analyze the contents of this culture and its components, and then diagnose the causes of this problem and explain its effects and repercussions on the overall political and societal life in Iraq after a march around 17 years of political transformation, Iraq’s entry into a political and security maze, societal division and external interference in bulk, and reaching the stage of political blockage and deficits in its democratic process.

PUBLIC POLICY ANALYSIS AND THE CHARACTERISTICS AND SKILLS OF A SUCCESSFUL POLITICAL ANALYST

Mohammed Ali Hammood

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 258-290

The origins of public policy analysis go back to systems analysis, which was defined according to the Maryam Webster Dictionary as (the process of studying and analyzing governmental action in order to define its goals and objectives and create systems and procedures that achieve them. However, systems analysis was used in studies of war and national defense issues in. The United States of America since the early seventies, after which there were calls to improve this tool and update it in order to use it in internal policies and planning the public budget, more and more attention to analyzing governmental work, and thus studies of public policy analysis emerged as a different and field and as a political, academic and societal need.Policy analysis is a means of understanding the causes of problems and proposing solutions through policies in order to achieve a specific goal, and it is a set of methods and standards adopted to analyze governmental policy options and rationalize and develop governmental performance in a manner that achieves effectiveness in facing society's problems.The analysis of public policies according to the scientific methods that have been developed in the best universities and centers of studies and research in the world, especially the American institutes, will contribute to a better understanding of governmental policies by enabling these policies and developing their effectiveness in addressing public problems in society.

REAL ESTATE PROTECTION LAWSUITS – A COMPARATIVE LEGAL STUDY

Ali Shamran Al-Shammari; Thamer Dawood Abboud El Shafei

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 291-317

The issue of tenure occupies great importance in practical life, especially in comparative laws, which have been given special attention through legislation, jurisprudence or judiciary. The judge plays a prominent role in the use of his discretion in settling disputes between the parties. There is no doubt that there are three cases through which we obtain legal and judicial protection to the weak party from the third party to acquire possession of the property, for example, these claims are the recovery of possession of the case of prevention of exposure and the case of the suspension of new business, each of these legal requirements and their main elements of the Or duration or the competent court or judgments) and other subjects. The aim of these claims is to maintain public order, community security and stability of transactions.

CONTROLS OF CONDITIONS ASSOCIATED WITH THE CONTRACT IN SHARIA AND LAW (A COMPARATIVE STUDY)

Saja Omar Shaban

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 318-343

The freedom to stipulate in the contract is linked to the principle of the authority of the will, as it does not depart from this principle because the will is the source of the conditions. Rather, the freedom of stipulation is the principle of the authority of the will in amending the effects of the contract, but this principle is subject to restrictions in the circle of conditions and has a range of this extent defined by Sharia and law within the controls Certain as part of the freedom to contract. Those who open the door to contracting completely without restrictions also open the door to conditions in contracts, and those who restrict the door to contracting do not respect the conditions except what is consistent with its requirements. The conditions attached to the contract are the conditions that restrict the contract in excess of its original and its requirements, whose purpose is to modify, increase or decrease the regular provisions of the contract, and thus differ from the suspensive conditions that attach the existence of the contract to its existence, so that the contract does not exist unless it exists while in excess of the existence of the contract. Accordingly, the Islamic jurisprudence schools differed in determining this range between broad and narrow for the will to do so, so they set Sharia controls for the conditions attached to the contract. As for the legal legislations, they also set controls that limit the will of the parties to the conditions, most of which are in accordance with Islamic law.

THE ELECTRONIC DOCUMENT AND ITS LEGAL AUTHORITY IN EVIDENCE

Mohmmed L. Salih; Omar A. Najim

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 344-366

The practical and technological progress, that has been achieved in the current time as a result of the information revolution and the spread of the Internet, has led to the emergence of electronic documents. in electronic transactions in general and e-commerce contracts in particular, as they are more appropriate to the nature of these transactions. The legislator has set certain conditions should be available in the electronic documents in order be legally recognized in evidence. In case if such conditions specified by the law are met, the electronic documents will have a full legal authority in the proof, as similar as the paper documents. Photocopy extracted from the electronic documents is also considered as a means of evidence.

THE AUTHORITY OF THE HEAD OF STATE TO DECLARE A STATE OF EMERGENCY IN COMPARATIVE CONSTITUTIONS

Bassam Hazem Abdel-Majeed Al-Sheikh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 367-405

One of the basic principles that the executive authority adheres to and respects is the principle of legality، which means its obedience، commitment and respect to the constitutional and legal rules in the state. Dealing with these exceptional circumstances in a way that does not violate the constitutional and legal rules، which are called the state of emergency or the exceptional circumstances represented by its executive authority، which is over the head of state the and who has been granted in some constitutions the powers to declare a state of emergency and is prohibited from this authority in the constitutions of other countries.In this research we divided the study into theory and process in the topic related to theoretical study، we knew the state، the government and the head of the state، as well as the state of emergency، and in the practical study we dealt with the study and analysis of a number of well-known political systems and constitutions of many countries according to political systems and their comparison and the role of the head of state in declaring a state of emergency in them.

THE ROLE OF WOMEN IN BUILDING PEACE

Thamer Reda Ali; Azhar Abdullah Hassan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 406-425

Conflicts and ware always lead to the deterioration ofmost areas of lifte the suspension of development programs the displcemen of large numbers of civilians and because of the prevailing gender inequality women suffer more then men from the effects and wars and the prodlem is further complicated by the failure to give womens issues what they deserve from your attention to issues that they consider political leaders are more urgent such as reconstruction sharing of denefits and redishridution of power . This study aims to shed light on the role of women in building peace . It also provides an overview of the impact of conflicts on the status of women and the potential of women in building pease . this study indicates the real potential that women play for the sak of Building peace and engaging it in important decisions .

The Independence Of The Iraqi State Council From The Executive Authority ((A Comparative Study)) (Quoted)

Ahmed Khorshid Hamidi Al-Mafraji; Muhammad Salim Muhammad Amin; Qusay Ahmed Fadel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 426-464

The existence of the independent Council of State is considered to be an important guarantees in all countries that adopt the dual justice system, This Council is committed to achieving justice, This requires ensuring the separation of this Council from the executive and legislative authorities. This independence is a result of the rule of law, aims to achieve justice through the control of the principle of legality in the work of the administration and the protection of rights and freedoms of individuals by the Council of State, and independence is essential for the neutrality and objectivity of the application of the law in the face of the parties, the State Council is unable to carry out its tasks effectively, unless ensure its independence. In Iraq, the State Council was established by Law No. (65) of 1979, called (State Consultative Council), as a department belong Ministry of Justice, which was first specialized in legalization and the beginning of the opinion in the legal affairs of the state, and then under the second amendment thereto by Law No. 106 of 1989, The Constitution of 2005 stipulates that the Council of State may be established by virtue of the provisions of Article 101. Its functions have been defined by the functions of administrative judiciary, advisory function and representation of the State before the courts. 2017, to make it an independent judicial body with a moral character.

THE OIL CHANGE AND ITS IMPACT ON THE CHINESE FOREIGN POLICY TOWARDS THE ARAB GULF REGION (Quoted)

Azhar Abdullah Hassan; Safaa Hussein Ali; Mohammed Abbas Abdul Hassan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 465-494

In this thesis we show the importance of the oil variable in the Chinese foreign policy towards the Arab Gulf region especially after the growing strength of China and the growing of political, economic and military role . They growing position in the international political system and China seeks to achieve a set of aims that enable it to continue the process of modernization, economic progress and maintain world peace. The thesis starts in the problematic of conflicting opinions on the future of China and the role that can China play in the international arena, particularly in the Arab Gulf. We assume in this research that oil variable has a great influence on Chinese foreign policy towards the Arab Gulf region. This variable has given a set of motives and interests that exist between China and the countries in the Arab Gulf region. There is a direct relationship between oil variable and Chinese policy towards the Arab Gulf. The results of this research denotes that China adopt an effective and influential foreign policy towards the countries of Arab Gulf region in a Manner consistent with both size and intensity of Chinese interests in that vital region of the world. The Arab Gulf region will witness a special attention by China which has become the second country in the world in terms of the amount of its consumption of energy sources and that the Arab region owns two thirds of the proven oil reserves. This will motivate China to adopt various strategies commensurate with the importance of the countries of the region. Especially China has begun linking its national security and vital interests to the security of the Arab Gulf .

FACTORS OF PRIVATIZATION SUCCESS AND CONSTRAINTS(QUOTED)

Fawzi Hussein Salman Al-Jobory; Heba Fadhil Dhidan

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 495-517

The transfer of public ownership to the private sector is one of the most recent developments. The process of transferring public ownership to private ownership reflects different hopes. Its supporters see it as a way to improve the quality of production and increase it. They see it as a door to the difficulties that will face society in general and the citizen in particular. In order to implement the policy of privatization, and to achieve the desired objectives, it is necessary to accompany the implementation of many economic, political and social reforms, as there are a number of factors that have a significant impact on the success of privatization, and there are obstacles to the success of the policy of privatization.The aim of this study is to identify the most important factors and obstacles that must be followed in order to achieve the means for which the privatization policy was implemented, because privatization is a means by itself and not a goal. The objective of this method is to create an economic structure in which projects are highly efficient , And has a major role in the pursuit of economic growth and stability sought by the majority of the world.

TAKAFUL REINSURANCE (COMPARATIVE STUDY) QUOTED

Akram Mahmoud Hussein Al-Bado; sraa Abdul Hadi Muhammad Al-Dabbagh

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 518-541

AL-Takaful insurance repetition became such important that takaful insurance companies can't give it up, since these companies would not arise or prosper without it. While closing insurance repetition might lead the insurance companies to bankruptcy and stop there activities. Hence came this study to enlighten all the troubles and deficiencies in AL-Takaful insurance in the best way , it illustrated the concept of takaful insurance repetition and its methods and configurations , and the necessity of insurance repetition for commercial insurance companies and its rules in the Jordanian and Sudanese law and the legitimate standard (no:26) from the Islamic financial institutions account and review council considering not organizing the Iraq legislation any rules for AL-Takaful insurance or any suggested solutions for insurance repetition .

THE ROLE OF THE JUDICIAL RULING IN GAINING PERSONAL RIGHT(Quoted)

Mohammed Suleiman Al-Ahmad; Ziad Khalaf Alawi

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 542-581

obligation or personal right It is an association between two creditor and debtor whereby the creditor asks the debtor to give something, do something, or refrain from work. This right has multiple sources provided for by comparative legislation and regulated exclusively by the dominant view of jurisprudence.In some cases, there are other sources that have a role in gaining personal rights other than those provided for in comparative legislation. Among these sources is a judicial ruling that has a role in gaining the personal right of the convicted person.The role of the judiciary in the acquisition of personal right may be within the framework of traditional sources, including contract and illegal work, and may have a role in gaining personal right directly outside the framework of these traditional sources. Renewal, this renewal occurs due to the judicial judgment and is called necessary renewal.The obligation to pay the compensation amount The source of the judgment shall be z.If the judicial ruling has a role in gaining the personal right, there are personal rights to which the judicial judgment is the source of the gain. Or these rights are directly earned from the judicial judgment without regard to the existence of the contract or not, such as in the case of compensation in judicial acquisition and obligation to support or unfair harm to the neighborhood.

THE POSITION OF INTERNATIONAL LAW ON ASSET RECOVERY WITHIN THE FRAMEWORK OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION OF 2003

Khalid Egab Hasun; dam Smayan Theyab; Nadher Ahmed Mandeel

Journal of college of Law for Legal and Political Sciences, 2021, Volume 10, Issue Issue 37 part 1, Pages 582-614

Corruption is a global and continuous phenomenon because it does not pertain to a specific community in itself or a specific historical stage, and societies still suffer from the growing problem of the phenomenon of corruption of all kinds, despite all the efforts made to fight it, and it is self-evident to say that the phenomenon of corruption is a phenomenon that is fought at all international levels. All agreements affirm that corruption is an unacceptable matter, and that it has become a reality that warrants punishment, but the problem is at the present time that the regular measures and mechanisms are insufficient to combat corruption because it differs from traditional crimes, and then there must be carefully studied and objective strategies that take Consider all aspects of this problem. Therefore, combating corruption may become impossible in the absence of effective and serious cooperation between states parties in combating corruption at the national and international levels, as the states parties are obligated to cooperate with each other in order to exchange technical assistance, expertise and information related to corruption, especially cooperation in investigations and procedures related to civil matters. And administration related to corruption,Stolen assets due to corruption pose a serious problem for the leakage of state funds. As these monetary losses undermine good governance, weaken state accountability towards citizens, and drain development resources. Efforts exerted at the global level to improve asset recovery have tended to focus on tracking financing, outlining the legal obstacles that hinder their recovery, and negotiating ways to return the funds. Developed and developing countries alike are responsible for stealing assets and marginalizing initiatives aimed at returning them to the countries from which they were stolen. And when banks, in the north and south, provide a safe haven for asset recovery, they are profiting from corruption.