Volume 9, Issue issue 33 part 1, Spring 2020


THE IMPACT OF INTERNAL ARMED CONFLICTS ON HUMANITARIAN INTERNATIONAL SECURITY

Nazer . A. Mandeel; Ammar . I. Karim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 1-42

Armed conflicts are of great importance in international humanitarian law, whether they are international conflicts that concern conflict between two states or conflicts that are not of an international nature. By that we mean conflicts that arise within the borders of a single state between an armed group and a state or armed groups within a single state, such as civil war, and these conflicts constitute effects Negative on the reality of states, their stability, sovereignty and territorial integrity, and if these conflicts raise legal and political problems at the international level because they have an impact on international peace and security, then these conflicts have an impact on the concept of human security or what is called human security, so armed conflicts have a clear impact In human security through many factors that lead to affecting the lives and rights of individuals Fundamental in society, and lead to the disruption of the enjoyment of those rights in light of the conditions experienced by the individual during conflicts such as the deprivation of the right to life and the deprivation of freedom or the right to education, health and health care required as the rest of the individuals, and may lead to humanitarian interventions, led to an increase in the suffering of individuals and negative impact On the concept of protecting human rights and human security in general to serve individuals inside these countries, which means that these conflicts have led individuals towards more suffering and their inability to enjoy their rights and their increasing numbers of poor people and their urgent need for more international cooperation, in order to preserve their existence and their survival as individuals First, and secondly, citizens within their own countries.Therefore, we will address in this research the impact of these conflicts on human security with the broad understanding and its impact on individuals within the state, as we are facing a transition from collective security which is subject to objective conditions according to the United Nations Charter in which states have the main role in achieving security, to the role of human security that Basis the main human rights inside the country in order to prevent future conflicts.

HYMEN REPAIR BETWEEN PERMISSIBILITY AND CRIMINALIZATION

Nawal Ahmed Saroo

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 43-84

The issue of hymen repair between permissibility and criminalization has resulted in the investigation of the legality of operations for repairing the hymen and the extent of responsibility of both the doctor and the girl in light of the amended Iraqi Penal Code No. 111 of 1969. In view of the importance of the topic due to its drastic connection with general family security, reputation and honor, especially in Eastern Islamic societies, which give the hymen of utmost importance, it is a guide to chastity, honor and purity, and it is still a fertile field for research and investigation from the jurisprudential, legal and legal aspects. Accordingly, we studied the subject and divided it into two topics. In the first topic, we dealt with the concept of repairing the hymen and the position of criminal jurisprudence on it, and the extent of describing the incision as one of the causes of permissibility. Our study highlights our findings and recommendations .

THE IMPACT OF UNEXPECTED FINANCIAL DIFFICULTIES ON ADMINISTRATIVE CONTRACTS

Ahmad Hamandi Yahiya

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 85-108

This research tosses light on the theory of unexpected financial difficulties in administrative contracts in French, Lebanese and Iraqi legislations. We have tried to propose a roadmap for the legislator regarding the steps to be followed on this type of administrative disputes and to amend its jurisdiction to the Administrative Court..

ARBITRATION IN ADMINISTRATIVE DISPUTES

Rami Ahmed Al-Ghalbi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 109-135

Administrative arbitration is a civilized means of settling conflicts between natural or moral persons. The arbitration is an exception to ordinary litigation. It relies mainly on the agreement of the parties to the dispute to choose their cases rather than relying on the judicial organization of the country in which they reside. Legislation has codified arbitration as one of the means used to resolve disputes. Among these is the amended Iraqi Civil Procedure Act No. (83) of 1969. The legislator allowed arbitration to be exercised in absolute terms indicating its procedures and mechanism for reaching arbitration. Who are tried in a manner that ensures impartiality, with no violation to public order.

CAUSATION IN DISCIPLINARY DECISION(Quoted)

Mohmmad .Z. Bin Zakaria; Fadhlina . B. Alias; Mohammed .A. Daham

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 136-156

Causation is considered a necessary matter for issuing an administrative decision to inform the offeree of the motives for which he was punished, especially with regard to informing the employee of the nature of the charge that was charged to him in order for him to be convinced of the merit of the punishment that was inflicted on him for its proportionality with the guilt that he committed, and for this importance the reasons for the disciplinary decision should be at the core of The administrative decision in order for the administrative decision to come out bearing all its causes, and from this the problem of the study became evident as the Iraqi legislator did not stipulate this requirement within the framework of its legal texts, and this prompted the researcher to adopt this topic within the framework of this study, and the researcher reached a set of results and recommendations, it was One of the most important of them is that the Iraqi legislator touched on the issue of causation in the Discipline Law of State and Public Sector Employees, which requires a legislative treatment of this issue.

LEGAL REGULATION OF BANKS IN IRAQ (A COMPARATIVE ANALYSIS)

Ammar Mohammed Khudair

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 157-200

The banking sector is currently considered as the base of a free economy. In addition, it is a major source of financing for the development and growth of national economy especially when the infrastructure of this sector is strong and well planned، knowing that the banking sector is considered as a main tool of credit process.After the fall of the political regime in Iraq (9/4/2003)، Iraq aspired to reform the legal and regulatory functions of banking sector after being exposed to the interference of the state in its affairs for the purpose of finding a banking system capable of meeting the requirements of a more liberalized economy in addition to enhancing the role and status of private placements in Iraqi economy.Within this framework، the Central Bank of Iraq Law No. (64) of 1976 was cancelled and two new laws were issued، the first is devoted for the banks in 2004 and the second is planned for the Central Bank in 2004 to constitute a legal base for achieving these objectives and leading to a new phase after abandoning the strategies that were preventing private sector or restricting the practice of banking activity. This stage requires faciliting the way for the private sector to practice banking activity under the control and supervision of the Central Bank of Iraq to take its efficient role development of the national economy. For the above، we will rely on the analysis of legal texts in order to study the subject in all its aspects.

CONFLICT IN SOUTH OF SUDAN: CAUSES AND CONSEQUENCES

Ahmed Abdul Amir Al-Anbari

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 201-224

The topic area of this paper deals with the conflict in South of Sudan, this conflict started after the separation into political separation between John Garang and Salva Kiir, before signing the covenant of comprehensive peace in Sudan. Politically, this separation has led to the internal war in South of Sudan resulting numbers of victims, violating human rights, and displacing many civilians. Whereas conomically, humanitarian needs have been increased, production level has been declined, general domestic production has been decreased, all these effects stroke the people of South of Sudan

THE ROLE OF UNIVERSITIES IN SUPPORTING THE CULTURE OF DIALOGUE AND ITS REFLECTION ON THE FUTURE OF SOCIAL PEACE

Omar Hashim Thanoon

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 225-252

Universities play an active role in promoting and strengthening the dialogue of cultures in society and establishing them as daily behaviors in dealing with each other and recognizing their human rights. Its role is not to fill the thought of the individual with abstract and superficial educational vocabulary and curricula. It cares about past، present and future, especially in a society that includes diverse colors and trends that have suffered from many crises, as the university is working to create distinct patterns of awareness and behavior and systems of values in the atmosphere of dialogue Interactive to reflect in the results on society as a whole, and that diverse society in religions, sects, sects and races as well as the interventions of its system of governance require greater role to promote a culture of dialogue that is a participatory responsibility between the professor and the university employee and the student through a variety of means. This is what the majority of universities in the world have been emphasizing and moving towards in order to achieve community peace.

THE PILLAR OF WILL

Qahtan .H. Abdul Qargholi; Ahmed .B. Rahman Mustafa

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 253-308

The pillar of the will is the terms of the will in addition to the formality followed in the creation of the will. There is a dispute between the jurists and the subsequent contemporary legal perceptions around this pillar, which creates peculiarity that distinguishes it from other pillars in actions and contracts. In spite of the dispute on the pillar of the will, jurists agreed that the offer is a pillar and the will cannot be commanded unless this pillar is supplied. The offer is the basis of the will, which represents its contents. The offer of the will may be absolute (i.e. unrestricted) or conditional, also it may be added to a specific time in the future. absolute offer is not associated with a condition or added to the future time except the time of death and its effect is clear as soon as the will issuer’s death; whereas the conditional offer includes a commitment more than will's terms, and the condition is either in favor of the will issuer or will receiver, or for the benefit of third parties, while the offer added to the future means adding to the time after death. The will can be held depending on the offer itself without the need of acceptance if the receiver is someone who do not wish to accept the will because of his/her inability to express him/herself in addition to the absence of anyone who can express him, or because his inability to own. In this case, the offer is enough to initiate the will; and this is rare if not impossible in other contracts, such features made the offer the core of this research. As for the acceptance of the will, it is the act issued by the other person and his satisfaction of the will, and although the possession does not shift to the receiving party for only by acceptance, but there is a difference in the role played by acceptance in the will: some understand that acceptance is one of the will's pillars as with the case of offer; whereas some consider acceptance is a condition in the will, and whether it is a pillar or a condition, its prevents the property of the will, and this characteristic is added to the specificity of the will in our study.

THE AUTHORITY OF ADMINISTRATION TO WITHDRAW THE WORK FROM THE CONTRACTOR IN PUBLIC WORKS CONTRACT (AN ANALYTICAL STUDY)

Muhammad Kak Allah Smile

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 309-340

The development of life and the continuous needs of the members of society in this era forced the contracting administration to enter into multiple administrative contracts to meet these needs and keep up with developments. In order to ensure the implementation of these contracts، the administration has many means and deterrent penalties to punish the contractor so as to implement the construction projects including schools، hospitals، bridges and roads on time and fully implement them. One of these punishments is the withdrawal of the work from the contractor in public works contracts، which is one of the pressing penalties in the hand of the contracting authority. If the contractor breaches his contractual obligations and in the case of existing one of the specified reasons، the administrative authority withdraws and executes the work from the contractor at the latter expense of the contractor by using one of the contracting methods. This study is of multiple importance، the most important one is to focus on analyzing the texts of both the Iraqi and Kurdistan regulations and to reveal the deficiencies and existing gaps، trough highlighting the main dilemma of the problem of our study which is the possibility of applying seizure on the contractor and withdraw the work by the administration. Based on that، we have divided this research into two main sections. The first section is devoted to the definition of the withdrawal of work in the public works contract، by defining it and distinguishing it from the financial penalties and its legal nature and the necessity of having excuses before imposing this penalty. In the second section we discussed the legal provisions of this penalty and the judicial supervision on the authority of the administration to impose penalty for withdrawing the work from the contractor in the public works contract 

THE SCOPE OF ADMINISTRATION DISCRETIONARY AUTHORITY IN ELECTRONIC ADMINISTRATIVE DECISION

Nektle Ibrahim Abdel Rahman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 1, Pages 341-387

In order to enable the administration to perform its duty in the right direction، which is to ensure the regular and continuous operation of public facility and to provide its services of public benefit to citizens on the basis of equality and justice among them. Therefore، the laws have laid down the general guidelines for the work of the executive authority and its institutions by giving them wide and multiple privileges to help them perform their duty well. One of these privileges is to give it powers including restricted and other discretionary according to law، to enable it to carry out its work. Without these powers، there is still an imbalance in the administration's services to the citizens and the scope of the discretionary management authority varies from one element to another of the administrative decision element. And by the scientific development that cast its shadow on societies in general. And in all aspects، including the aspect of the performance of governments and their institutions and the transition to e-government، despite this direction and change، but the administration remains the main engine of the new e-government. From this point of view، the scope of administrative authority should be studied in the elements of the electronic decision