Volume 9, issue 33 part 2, Spring 2020


Salah Hassan Ahmed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 1-49

Political upbringing plays a crucial role in party affiliation because it carries out in political education for the public especially the new generation and the marketing of ideas, ideologies and political beliefs through a number of official and non–official agencies which constitute basic elements in the social structure of the state and society، starting with the primary group represented by the family and the group of companionship and through the secondary group represented in professional unions popular associations، civil society organization and non- governmental organizations ending in education media and modern means of communication such as social networking sites and others. There are several types of this type of formation، including direct patterns that the guidance to be transferred with a purely political content، which is the simulation and the acquisition of experiences from the most prominent images and thus it is a deliberate process goal and phenomenon of land marks. The other type is the indirect patterns، which represent the stage of transition to the personality of individuals in their lives، which is focused on the transfer of tendencies and trends relation to informal situations to political issues. There are many motives call for adopting this type of development such as the process of acculturation control and learning from roles. The agencies and institutions responsible for this kind of formation depend on arrange of methods to reach their goals in political education and political behavior including the method of temptation which depend on the release of a number of material and moral privileges of the person who wishes to initiate to the membership of a party as well as the method of coercion based on the policy of coercion and threat and intimidation in the denial of the enjoyment of legitimate rights or the practice of harassment and oppression of the opponents to join the ranks of parties to power as in the societies governed by totalitarian and dictatorial regimes in addition to the method of persuasion based on the need for absolute faith in the ideas and objectives of a particular party without another away from personal goals and self-benefits.


Nabaa Ibrahim Farhan

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 50-84

The e-commerce subject-matter plays an important role in the practice of e-commerce activity, especially after the development of life in e-commerce by making the e-commerce or traditional subject-matter acquire great economic and financial value and affect the economies of different countries. The website, which is in fact the embodiment of the electronic business Which facilitates the customer or the consumer to search and compare various products and offers of commercial activities to buy directly through the Internet not specified in the Iraqi Trade Act No. 30 of 1984 special texts regulating typical subject-matter but only refered to in Article (24) of the above Act..


Nawfal .A. Abdullah Al-Safou; Hani . Y. Ahmed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 85-122

Judicial exclusivity is one of the most important punitive methods to eliminate the defects resulting from the use of the principle of absolute equality (arithmetic), which is represented in determining penalties and not allowing any differentiation in criminal treatment between offenders, in addition to that it achieves the justice that the criminal law targets. This is because achieving equality is not complete unless the punishment is compatible or commensurate with the person of the perpetrator and the circumstances of his crime, as in light of the development of the function and objectives of the criminal law, which was reflected in the concept of equality, it has become not satisfied with achieving this abstract formal equality, but rather requires achieving equality less abstract and more realistic and then closer To achieve justice, and this requires singling out a single judgment according to the different special circumstances, and it is evident that this realistic equality cannot be achieved by relying on the texts of the law alone. True equality means that each convict receives a measure commensurate with the circumstances surrounding his crime, and responds to the various aspects of his personality, and this would pave the way for his reform and increase the chances of his evaluation.


Ikram Hadi Muhaisin

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 123-159

This research includes the study of a vital and important subject of the public job، which is the subject of secondment of the public employee، where it highlights the performance of the public employee in the interest of another governmental or private entity، inside or outside the country in accordance with certain legal provisions stipulated in the Civil Service Law No. 24 of the year 1960، amended Civil Service Instructions No. 11 of 1960 and many decisions of the Revolution Command Council dissolved and some special laws in terms of the general provisions of the law.The third topic is devoted to the study of the legal status of the employee who is familiar with the statement of his rights، his


Saba Numan Rasheed Bilal Al-Weissi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 160-212

The inevitable human transformations by human nature imposes a special character, as it lives in the human being in all life stages, where it starts and almost ends, each of them has characteristics and features. Thus, there are two stages in which a lot of positivity and hope for life, development and coexistence with the others but it is almost consistent with body weakness the in the last stage of life, fear and anxiety about the end and the lose of social security.If a person works in order to serve his community in the first and middle of his life, then his society must meet this action with a similar commitment in the last stage of it, even though one of the foundations of social protection is the relationships of individuals among themselves according to the standards of sound education and automatic moral commitment within the original nucleus of society (Family), however, that life may not go in line with individual and family planning, which highlights the state’s role in protecting its children from workers upon reaching an advanced age through the proper application of legislation and positive reform in accordance with social and economic changes for the general population and for retired individuals, especially with regard to achieving a dignified late life. Regarding the importance of the foregoing, it was necessary to discuss the topic of ((legal protection for elderly workers)) by stopping at what the concept of (elderly) and the changes associated with the stage they are going through, clarifying their needs, and then finding out the legal rights of elderly workers. These rights are in accordance with the international standard, so that we will then move on to the most important treatment, which is the regulation of work and social security laws in force for the rights of the elderly, and then we determine several conclusions and recommendations.


Mustafa Turki Homed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 213-258

Trademark is a simple recognizable sign which identifies products or services or goods of a particular source from those of others. It is an important element of successful business elements. Furthermore, some trademarks and brands hit millions of dollars. Due to trademark’s significance to the successful business and its identifiable sign for having a distinguishing feature, many businesspersons imitate well-known brands and trademarks because of their reliance and trust in commercial centers. It is quite common for a trademark to be infringed as an unregistered trademark. This raises a question: does the owner of unregistered trademark loss the right to resort to courts in order to stop infringement and claim for compensation? Does the owner of unregistered trademark have the right to do so? since the owner of unregistered trademark would not be influenced by the infringement of his/her unregistered trademark but affects consumers.If we know that the Iraqi and Jordanian Trademark Laws have specifically provided trademarks with the civil protection, the Iraqi legislator did not address the right of the owner of unregistered mark. Whereas, the Jordanian legislator prohibited the claim for compensating for any infringement of unregistered trademark. That was a flagrant violation of provisions of general rules in civil liability, as the latter ensured the claim for compensation for any infringement of rights.This study is proposed to demonstrate the extent to which the unregistered trademarks have civil legal protection, both in respect of the private law that governs trademarks by the Code of Trademarks and Geographical indications or in accordance with the general rules of civil law.


Ghazwan . A. Shwaish; Moamar .K. Abdulhameed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 259-288

In general, the freedom of expression has been advocated by international and internal charters, but before that it has passed through various stages of time with great developments from the stage of restriction and the suppression of mouths until the freedom of expression of opinion in general and media in particular in various forms to an effective monitoring tool that monitors the work of the authorities in the state and represents the public opinion in society.Since the private life of every human being on the other is a right guaranteed by constitutions and domestic and international legislation, and the violation of them is an infringement of one of human rights, which called for the intervention of the laws, human and divine.In this sense, the practice of journalism or media work in general should be regulated by a legal framework, as all occupations regulated by laws to achieve the purpose they seek to achieve professionally. On the other hand, the media must make no harm to the others, which means the creation of a balance between professional media work and the rights of others that may be compromised in the practice of media work.


Samira .H. Muheisen; Nora .K. Al-Zamili

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 289-306

The idea of general principles is one of the most important and oldest legal ideas that have received wide attention from the ancient philosophers and then moved to Roman codification, especially the Justinian Code. This is because most of the general principles of law stem from lofty ideals and innate concepts of man. The idea of law and its establishment was found after the research on the concept of justice, equity and the necessity of organization in life. All these ideas are embodied in the general principles of law. Therefore, it is not necessary to find legislation or a law of any country. . And from the effectiveness of the general principles of law in the legislation and the issuance of judgments principles have a role in arbitration. Does the arbitrator have the power or power to apply the general principles of law in the dispute? And when can he apply it? In the absence of the legislative void or the legal text of the judgment of the incident? Or can it be applied in all alternations and in all facts?


Qasim Turki Awad Janabi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 307-341

The hasband may find himself sterile and must prove his infertility by medical report, yet his wife has givien birth of his children، so would this report which is one of the most scientific advanced deny his descent to these children، or the child is legitimate and then on place to deny his descent and thus no place to say that the wife commited the crime of adultery. Furthermore, does this have different consequences resulted in bothcases civil and criminal, for example if the hasband was charged with the crime of fornication and then the victim has given birth to a child who is a thief, later he found out, after his denial of committing the crime, that he was infertile according a medical report and he cannot beget legitimatly or unlawfully. Such issues is core points addressed in this summary paper using resolutions issued by the Iraqi judiciary.


Sami HasanNajim Al-Hamdani; Osama Najat Rasheed Al-Salihi

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 33 part 2, Pages 342-370

Undoubtedly, the state council exercises its missions and specializations by a group of persons and authorities. As for persons, it is noticed the importance of professions achieved by the council has affected its workers' nature. They are not only the men of law but they are a private group of workers in the state, who must have special conditions surrounded by special warranties that distinguish them from the others which grant their neutrality in exercising their works. Therefore, it is important to pay attention to choosing the council members with putting proper rules for their legal system.Accordingly, the members of state council in other legal systems e.g. France and Egypt represent a distinguished group of public employees, because they submit to a legal system which consist exceptional provisions which lead to support the members of state council in the face of administration which is considered as a guarantee and independence to achieve their missions.