Volume 9, Issue issue 34 part 1, Summer 2020


THE EFFECT OF THE VICTIM'S STATUS ON INCREASING THE PUNISHMENT FOR CRIMES AFFECTING THE RIGHT TO LIFE

Hussein A. Ali Issa; Soliman K. Mahmoud

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 1-32

This study illustrates that victim's trait has an effect on the fields of punishment by determining the criminal responsibility of the offender to aggravate the punishment for crimes against the right to life. If the victim has a familial relationship to the offender, this familial relationship can have an aggravating effect on punishment against the offender, and in this case the offender has been denounced familial and blood relationship and it has also betrayed the trust and contentment entrusted to him.On the other hand, this study indicates that the victim's age has an impact on aggravate the punishment of the perpetrator of crimes against life. When the offender commits a crime against a young victim who is incomplete maturity and physically weak that unable to defend himself in order to prevent the offender from committing his act easily, as well as his incomplete maturity, which makes it much easy prey in the hands of the offender. Furthermore, the criminal legislator have paid attention to the professional status of the victim which has an impact on the field of punishment, such as if the victim is an employee or a public service officer, and the crime was committed while performing his or her duties or because of it. Some criminal legislators take the victim's trait into account; whether he belongs to particular denominations which have an effect on aggravate the punishment.This study finally revealed that certain attributes of the victim in the crime of suicide have an effect in determine the liability of the offender to aggravate his punishment, such as if the victim is under a certain age or has deficiency in perception and will or even he doesn't have it at all or if the victim is a psycho or similar to that.

COMPETENCY OF FINANCIAL LEGISLATION FOR IRAQI PARLIAMENT IN THE CONSTITUTION OF 2005

Asan S. Nagmaaldeen

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 33-74

The financial legislation in Iraq relies on a collection of legislations such as the financial management and public debt act no. (95) of 2004. As such, it faces several failures, some of which are due to the inadequacy of the relevant legislation which is adversely affecting the financial legislations. This situation needs a study of its phases to and propose solutions and terms, in particular the states of democracy adopting the separation of powers.

REASONS FOR LEGAL CULTIVATION- A STUDY IN THE SCOPE OF PHILOSOPHY OF LAW

Mohammed S. Hasan; Kasim H. Resan

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 75-89

The jurisprudence in Iraq and Arab countries did not address the process or phenomenon of legal implantation study and analysis, as it deserves research, studies are very rare, if not in most aspects, contrary to existing studies in Western jurisprudence, so our determination to prepare a series Of legal research, which shed light on this important process, which affects the fate of peoples, and their various aspects. There are almost no legal systems in our world today that have not undergone legal transplants or processes from other systems. For various reasons, planting may be the result of direct colonialism by robbing the will of peoples, imposing laws that are incompatible with their cultures or even their religions, or through the transfer of experiences, by sending students of higher legal studies to the countries that export laws, or legal quality, or political alliances, by imposing certain conditions on the importing state of laws. Although the process or phenomenon of legal implantation is widespread, it is possible to rationalize and regulate this process and reduce its negative consequences by relying on its own capacities, not running with global interests and alliances, taking into account the national interest, and other measures mentioned in the research body

THE LEGAL FRAMEWORK TO PROTECT THE ELECTRONIC CONSUMER FROM THE RISKS OF E-COMMERCE

Mustafa M. Ahmed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 90-135

The issue of consumer protection has gained great importance in recent years, and the issue of consumer protection has emerged as an important issue among the issues of social responsibility that organizations must take into account when developing plans and making decisions, and the issue of consumer protection has occupied a prominent place among the political, social and economic issues raised in conferences and seminars. Consumer rights are considered one of the most important rights that the national and international law has concerned with, as they are linked to the development of societies, especially with the information revolution, and in the presence of digital electronic content, and the advertising revolution that changed the concepts of luxury needs into essential in the life of the consumer. Where a greater need arose to study the legal framework for the protection of consumer rights, especially since most countries of the world have expressed their desire and willingness to protect this consumer as the weak party in his relationship with the professional (professional) for his lack of sufficient and necessary information about the commodity or service in question that makes him use it in the best way to achieve Has the purpose for which he entered into the contract. Hence, it was necessary to have a set of protective rules for the benefit of the consumer.The problem of the study emerged through the researcher's touching and sensing of the risks that may affect society as a result of some wrong practices by those in charge of performing marketing activities in most organizations concerned with services and e-commerce, and the researcher's interest in this has increased due to his sense of the failure of these organizations to protect the rights of consumers.The study aimed to demonstrate the consumer's need for protection from the traditional and technical perspective, to reveal the extent of the need for consumer protection before concluding the electronic contract, to identify consumer rights in all stages of the electronic contract, in addition to revealing the extent of the consumer’s need for information following the conclusion of the electronic contract.The research concluded with a set of recommendations in this regard by considering paying attention to consumer operations that take place over the Internet through the following:-Raising awareness about this emerging consumption pattern, and the necessity of developing applied legal frameworks related to the implementation of the Consumer Protection Law, in addition to strengthening the coordination of all efforts to activate consumer protection, especially governmental, educational, security, social, economic and religious efforts, and national civil society organizations as well as international organizations such as the United Nations and regional organizations. As the League of Arab States.-It also enhances the capabilities of specialists and stakeholders in the field of consumer protection, especially observers and investigators, regarding whether or not there are consumer violations.-Attention to trying to find legislative and technical solutions to the issue of inspection and seizure procedures and evidence, with a focus on the role of administrative and judicial control agencies in pursuing violations of electronic consumer rights.

ECONOMIC ANALYSIS OF THE LAW AND ITS ROLE IN DETERMINING THE PENALTY FOR VIOLATING THE LEGAL RULE

shaimaa f.mohammed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 136-149

There is a strong and comprehensive relationship between the law and the economy beyond the axis of economic activities، as the effects of legal rules on various economic fields in the country prompted the jurisprudence to try to adapt the legal rules with the requirements of economic development، in order to obtain the maximum benefit and access to greater efficiency of legal rules and increase effectiveness. This efficiency can be achieved by applying the rule of maximizing benefits at the lowest cost to legal rules If the law punishes those who violate the legal rule and the economy means the optimal use of resources of limited scope، but it is not necessarily the law with the optimal use of those resources، here highlights the role of economic analysis through the use of the economy to know which legal sanctions more efficient than The application of tools and methods of economic analysis to the legal rules relating to criminal sanctions through the use of the cost-benefit relationship to evaluate such sanctions (the negative penalties for Freedom and financial sanctions)، greater economic efficiency through revenue and reduce expenditure development at one time the law grants In addition to the efficiency of financial sanctions in deterring those who violate the rule of law - some believe that money occupies an important position in people، so they are a strong deterrent to them from committing violations، the financial aspects of people are most likely to force them to abide by the rule of law - the adoption Financial sanctions An alternative punishment for short-term penalties for short-term freedom The state provides many of the expenses that are spent on penal institutions. Short-term penalties are imposed on large sums of money that burden the state budget in light of the growing financial deficit. E. Sanctions negatively affect the state's economy، while the state desperately needs to use these funds to solve more important and vital problems in other sectors such as health، education، etc ... At the same time، these sanctions can provide the state with substantial financial revenues.

SECTARIANISM IN IRAQI POLITICAL SYSTEM AND ITS ROLE IN IMPEDING PEACEFUL COEXISTENCE

Mohammed H. Hamed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 150-178

This research shows that sectarianism in Iraqi political system after 2003 constitutes a major impediment to the achievement of peaceful coexistence, Therefore, the study aims to reveal sectarianism in the Iraqi political system after the American occupation, and how these sectarianism affect the building of peaceful coexistence; because sectarianism prevents the achievement of the requirements of peaceful coexistence which logically mean its failure, and the research included two divisions, the first takes into consideration sectarianism in Iraqi political system after 2003, while the second discussed the role of political sectarianism in impeding peaceful.

LAW APPLICABLE TO INTERNATIONAL CONTRACTS DISPUTES

Azhar M. Lahmoud

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 179-201

International contracts have taken leading position in international relations and the main pillar of it. Some focused on studying international contracts to find suitable solutions for its resulting of special conflicts in the light of fast pace globalization in all its economic, social and legal dimensions, and to standardize a legal constrains that controls these international interactions and contributes in setting a new legal boundary in line with scientific and technological advancements on a global scale. The issue of law conflictions and diversity of legal arbitration in an international context is currently the main core of private law issue, which still posed as an ambiguity due to its mysterious rules and non-regulated articles, which lead to believe that its conflictions have caused further ambiguities. Law confliction researches is considered one of most precise international private law topic as its shown through diversity of curriculums and conflictions of solutions and its instability. International contracts create legal challenges with no stable solutions in the national legislations, for example: identifying the law to be applied in international contracts conflict.

SECRET DETECTIVE AMONG THE REQUIRING REASONS IN LEGISLATION AND THE PROBLEMS OF ITS JUDICIAL APPLICATION

Mohammed A. Al-Zubaidi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 202-248

To avoid negative effects resulting from the negative growing role of the citizens regarding communicating crimes touching vital interests of community, the Iraqi legislator has issued since 1930s a series of penal codes allowing the informer not to uncover his name and not to be a witness in a case in return for a reward. It is found here that the concept of secret agent has been invested for political, personal, and religious purposes, contrary to the causes necessitating its legislation, which made the criminal policy supporting the concept of secret agent liable to severe criticism the regulations of supreme magistracy council and the federal court of cassation regard the statement of secret agent more information that is not sufficient per se for conviction without supporting it with further evidence.

SEX TRANSFORMATION AND ITS PROBLEMS LEGALLY AND LIGIMATELY

Itidal a. alahdub

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 294-307

The world is witnessing a wave of changes that have taken place at all levels. At the social level, there is an important issue that has recently taken place: the issue of sex change from male to female or vice versa, which may be due to several reasons, including the causes of genital mutilation, psychological reasons and causes of sensuality. The first reasons are the birth of a person with congenital problems in his reproductive system resulting in the inability to live in a proper manner. The psychological reasons are that the person feels that he is a prisoner in a body that does not feel belonging to him. The erotic reasons relate to the anomalous feelings of the person that he wants to change his sex for the purpose of delirious lust only.The change of sex in Iraq is legally governed by the instructions issued by the Iraqi Ministry of Health No. (4) For the year 2002. However, these instructions are not enforced for an unknown reason, although it is one of the first laws regulating the Sexual identity disorder in the Arab world.

MEANS OF PROTECTING THE RIGHT TO PEACEFUL PROTEST AND THE BILL OF LAW ABOUT FREEDOM OF EXPRESSION, ASSEMBLY AND DEMONSTRATION

Nagham h. alshawi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 308-340

With the rise of the waves of demonstrations sweeping the Middle East and Arab countries in particular, it is imperative for all countries to enact laws that take it upon themselves to regulate the right to peaceful demonstrations, and how to exercise it by citizens, as well as to provide the necessary protections for demonstrators exercising their right to demonstrate. And assembly and expression of opinion and the demand of their natural rights and the rights stipulated by the constitution and other laws, and Iraq like other countries should legislate a law on the right to peaceful protest was a draft law freedom of expression of opinion and meeting and peaceful demonstration, which has not been seen since 2014 and even Today, we have passed some of its texts with some analysis and discussion, publicly we are asking the legislator to draft this law and direct it the right face that I want him to approach, since we did not find among his texts effective protection for the demonstrators, but relied on the rest of the laws in providing them, but on the other hand he expanded on the side of imposing restrictions on To the citizens and to impose sanctions on them if they cause harm or commit an act is a crime.

TYPES OF THE TENANT'S DISPOSAL OF THE RENT AND THE EFFECT OF NON-PERFORMANCE OF LEGAL RESTRICTIONS

Rasha A. Alameri

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 34 part 1, Pages 341-379

The tenant has the benefit of the leased property, which highlights a question about the forms of behavior that he may take, the health conditions and the legal effect of not observing the first of the latter, and given the legislator’s lack of procedures and conditions for some forms of the tenant’s actions, such as not organizing the approval mechanism in the event that the common money is owned by the public In the event that the lessor is silent after requesting the permission and the extent of the permissibility of the sub-tenant to dispose of the right that he derived from the subletting contract and not regulating it for commercial hosting within the scope of the civil law and hosting within the scope of the real estate lease law and the conditions for their validity from here we decided to address this issue Color enters the daily life of individuals.