issue 35 part 2


THE EFFECT OF THE RELATION BETWEEN THE OFFENDER AND VICTIM ON MITIGATION OF THE SENTENCE(Quoted)

Hozan H.Mohammed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 1-24

Crimes do not committed always in plain situation, but it might be committed in circumstances that reveal the dangerousness of the perpetrator and the graveness of the crime. Such circumstances ought to be considered in assessing the sentences for the criminals in order to make the punishment appropriate to the crime in the way where is committed. Among these important circumstance is the special relation between the criminal and its victim. This relation might be family bond that is protected in most penal code due to the importance of the family as a main unit in society structures. The family relation might impact the sentences in a way to aggravate it because it discloses the seriousness of the criminal, on the other hand the same relation might be the reason to mitigate the sentences of the criminal when the family relation reveal that the motive does not infer any dangerousness but the disturbed sole. The family relation that bond between the criminal and the victim is very important for the legislators in assessing the criminal liability of the perpetrators and in determining the sentences of their crimes, in order to provide the protection for such relations and ensure the security of the people. In this paper I will discuss the nature of the family relation between the criminal and victim and its impact on the sentences of the crime that were committed against victim who are bond with the criminals with family relation.

ELECTRONIC ADMINISTRATION AND ITS IMPACT ON PUBLIC FACILITIES

Nigtal I.Abdul Rahman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 25-68

E-management is a new and sophisticated way to link citizens in order to obtain government services, it is one of the means used by the traditional government in its legal and administrative sense to convey information and services and to market goods to its beneficiaries through the internet. And electronic administration (is a means used by the government in order to develop the work of the administration to abandon the traditional administration and using modern electronic techniques to ensure the smooth functioning of the public facility and provide the best services to citizen via electronic means via-mail).The importance of electronic administration is reflected in the fact that it affects the level of services provided by public utilities to citizens and their impact on the public sector and the private sector. Electronic management is characterized by its ability to collect all activities and information services, interactive and interactive in one site is the official government site. As well as streamlining procedures and facilitating them and improve and support the common ground with both businessmen and the press and civil organizations, but with these advantages may leave the electronic management of the negative effects of unemployment, since the dependence on electronic management will inevitably lead to the abundance of labor. As well as the lack of sufficient financial resources to finance the project of electronic administration in addition to the administrative constraints and political confusion, which may cast a shadow on the process of conversion to electronic administration. The electronic administration is a vivid embodiment of the general principles governing the public utilities, which is to ensure the smooth and regular functioning of the principle of equality and impartiality of the public servant.And the embodiment of the principle of ensuring the good operation of facility and ensure the facility's general development and modification.

THE PAINFUL HUMAN TRAGEDY OF THE ROHINGYA MUSLIMS AND THE CONTENTION OF INTERNATIONAL AND REGIONAL FORCES

Naguib A.Negm

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 69-104

The roots of the painful human tragedy of Rohingya Muslims are old and systematic despite condemnations, denunciations and threats of sanctions by the international community. Myanmar’s important geopolitical position plays a key role in identifying regional and international conflict forces within political and economic intersections.The question is whether the conflict is sectarian (Buddhist/Muslim) or regional (Chinese/Indian) or international (Western American/Chinese) and can the Islamic world find solutions to this tragedy? what are the options of the Myanmar government? And what are the future scenarios for this tragedy?

CRIMINAL RESPONSIBILITY OF THE BLOOD BANK (A COMPARATIVE STUDY)

Caesar S.Younes Al-Herbawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 105-141

There is no medical alternative to blood, it is one of the elements that cannot continue life without him based on this basis made efforts by the owners of medicine and science efforts to transfer it to those who need it directly and then evolved to save it for a period of time and give it to patients and injured and thus established specialized centers called Blood banks have been inflicted on hospitals. They are public moral persons, but it is beating whenever this person is private after the legislator has approved the establishment of private hospitals, but the establishment of private blood banks, thus resulting in negative consequences for people as a result of irresponsible blood transfusions or deliberate transfer of contaminated blood Raises the problem of the official Criminal and the presence of the legislative organization of operations related to the transfer of blood and found that the legal basis on which it held This responsibility, the type of punishment that must be inflicted and the extent of its proportionality

HARMONIZATION BETWEEN IRAQI PERSONAL STATUS LAW AND THE PROVISIONS OF INTERNATIONAL AGREEMENTS RELATED TO FAMILY (QUOTED)

Khaled M.Saleh; Boubakan A.Karim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 142-176

Texts that are compatible with the provisions of the International Bill of Human Rights and aim at equality between men and women and do not distinguish between them, in addition to texts that do not comply with these principles due to their violation of the provisions of Islamic Sharia, which are the source of this law, and it is stipulated in Paragraph (1 / a) From Article (2) of the Iraqi Constitution of 2005, which does not allow the enactment of a law that contradicts the fundamentals of the provisions of Islam. Therefore, it is very important to identify and analyze texts that contradict and harmonize with the extent of compatibility between the Iraqi Personal Status Law and the provisions of these international documents.

ILLEGAL MIGRATION AND INTERNATIONAL EFFORTS TO TACKLE IT Karim T.Sharif

Karim T.Sharif

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 177-199

Emigration generally means moving and looking for better jobs in a particular place or in another country with the intention of living in the new place for a long time, this is for every person who seeks to make a family. Emigration is one of the components of population growth and part of the movement of people within and beyond national borders, it is also a basic component for the history of human societies. Emigration is a result of social, political and economic conditions that have encouraged many people to move. Foreign emigration rates have increased at a high rate in the recent centuries. So the eradication of this phenomenon requires international and national efforts, by the means of legislation and international covenants. This phenomenon has become an issue of concern to all EU countries which have been trying to find more successful ways to monitoring and watching it.

THE NON-JUDICIAL FUNCTION OF KURDISTAN REGION SHURA COUNCIL – IRAQ AN ANALYTICAL AND COMPARATIVE STUDY

Rayazan S.Sharif

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 199-222

A non-judicial function is one of the basic pillars undertaken by the consultative Assembly in the Kurdistan Region of Iraq based on the law of the Consultative Assembly No.14 of 2008 under this function shows the Council as a legal adviser to the state and give legal opinions illuminate the legal way public administration and find solution to what may be between the departments. It also contributes to the preparation and drafting of laws related to public administration. Moreover, it assumes the existence of a frame that possesses scientific and technical expertise in its performance .Additionally, the importance of such council is the need for a scientific and technical institution to provide legal advice and interpretation and preparing the legislation of the state in all the problems it faces in the region despite the recent establishment of the Consultative Assembly and the large restrictions on its functions, but this council exercises clarification of the legal provisions of public administrations and express opinion and legal advice in the matters before it .

THE BALANCE OF RIGHTS ARISING FROM CONTRACT OF PUBLISHING

ibrahem A.Fathi AL. Hyani

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 223-256

Scientific and Literary authorship is considered as a matter that contribute with main role in developing countries that they emerge in them. The Convey of ideas that in eludes these author ship For people. Is always by a Contract of publishing between Considers an important Contracts That Iraqi legislation does not deal with the rights that emerge from the Contract of publishing in Civil Law No (40) 1951. For this reason, we decide to research this Subject.

RIGHTS OF THE FOREIGN INVESTOR IN STOCK MARKET (EXTRACTIVE RESEARCH)(Quoted)

Zakaria Y.Ahmed; Asin F.Jasim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 257-280

The evolution of the securities markets in the countries of the world and the effects of economic globalization have been particularly noticeable in stimulating the foreign investment movement in general and foreign investment in the stock market in particular, which is based mainly on the listing and trading processes. We have found through the research that the right of listing gives the foreign investor the right to include his securities in the financial market of the state in which he invests. The Iraqi legislator limited the process of listing national securities in contrast to the Egyptian legislator in line with the Financial Services Liberalization Agreement. Foreign companies wishing to be listed to enjoy this right and the rights thereof. As for the right of trading, it is necessary to activate the movement of securities in the financial markets, which are the rights enjoyed by the foreign investor under the Iraqi legislation, but the trading is limited to the securities listed in the market (ie, national) and this right followed by rights enjoyed by the foreign investor to bear the status Shareholder or creditor of the Company.

THE ROLE OF CONFESSION IN CRIMINAL PROCEEDINGS

Ahmed H.Salman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 281-308

The most important goal that security men are looking for is to limit crimes and being avoid happened through arresting criminals and get them in prison. criminals and being punished them severely without oppressing their freedom and personal rights. So, the law is written in several ways to attains its proof. The most serious one is the confess which is considered the first evidence, but it is not necessary to get in deep when you judge something even the whole judicial recognitions are found. Because some of these motives are untrue or they might be escaped from another crime to save the real doer from being punished to gain some material and moral benefits or for another reasons. The criminal judge must be assured from the evidence definitely and its conditions comparing with physical and spiritual one, then you can judge and give the sentence according to his emotional conviction. The confess is one of the objective issues that the court is completely responsible for estimating and getting its judgment and person who is accused must be able to be have freely and according to that " the speech of the accused upon another one is not considered as a confess " but as a witness.

IMPURITIES OF CORRUPTION IN THE WORK OF LEGISLATIVE AUTHORITY (A STUDY IN LIGHT OF THE 2005 CONSTITUTION INFORCE)

Majid N.Idan Al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 309-329

The Legislation power may be the important one among the three powers of the state due to holding the crucial duty Which is unavoidable within the State. This duty represented in acting legislations and controlling the performance of the executive power. But if it neglected and become late in exercising it this important Role. Its Function considered a dangerous outcoming of the Corruption which is demolishing the body of the state and society together. As mentioned before, we studied the outcoming of Corruption in function of legislator authority.

MERCHANT CONTRACT IN THE CREDIT CARD SYSTEM (A COMPARATIVE STUDY OF THE MERCHANT'S OBLIGATIONS TOWARDS THE CREDIT CARD ISSUING BANK)(Quoted)

Ali A.Mohamed; Bikhal H.Abdul Rahman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 35 part 2, Pages 330-396

The enormous technological development witnessed in the world in the late twentieth century, especially in the field of computer and the internet, has led to the inclusion of credit card system into the market of civil and commercial transactions. In view of the modernity of this system and the multiplicity of relations and legal problems resulting from it, it was necessary for the legislator to intervene to regulate it, and this is what the legislator did in some countries, while the regulation of this system in many countries, including Iraq, subjects to the general provisions of the law and banking traditions that may no longer be able to accommodate the provisions of this multi-relationship system and the ramifications of the provisions. This study is an attempt to illuminate the way for the Iraqi legislator in his future efforts to legislate a law regulating the issuance and use of a credit card. The study includes examining a specific aspect of the various aspects of the credit card system, namely the contract between the issuing bank and the merchant. Specifically, this study examines the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system. This study has reached several results regarding the concept of the merchant's contract in the credit card system and its legal adaptation. The study concluded that adapting the merchant's contract as an indefinite contract of a special nature is the more accurate adaptation. The study also concluded that there are in merchant contract multiple obligations on the merchant towards the issuing bank of the credit card, some of them are direct obligations towards the issuing bank of the credit card, and others are indirect obligations on the merchant towards the bank issuing the credit card not in direct deal with the issuing bank, but in context of dealing of the merchant with credit card holder. The direct obligations of the merchant towards the credit card issuing bank are obligation to pay commissions and membership fees, obligation to maintaining the means of using the credit card delivered to him by the issuing bank and returning the means to the latter, obligation of informing and obligation to open a bank account. While the indirect obligations of the merchant towards the credit card issuing bank are obligation to accept the credit card, obligation to verify the credit card and the identity of the card holder, obligation to maintain the confidentiality of the credit card information and its holder, and obligation to regulate the invoices and submitting them to the bank. The study presented several suggestions in front of the Iraqi legislator about provisions regulating the merchant's obligations towards the issuing bank of the credit card in the merchant's contract within the credit card system, and the Iraqi legislator can rely on them in the drafting of any special law to be legislated in the future in regulating the issuance and use of the credit card.