issue 32 part 2


EXCEPTIONS TO THE PRINCIPLE OF EQUALLITY TO ACCESS TO PUBLIC EMPLOYMENT (Quoted)

Fawzi . H. Salman; Amal . A. Rahman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 1-31

The method of reserved jobs is a way to take public employment and an exception to the general principle and the equality of individuals to hold public employment. This exception is limited to a few individuals in community who have suffered directly or indirectly in wars, also it extends to some of disabled people.This means that this exception prefers humanitarian considerations over the standards of efficiency and authority, but it does not reach the limit of cancellation.

ARBITRATION IN OIL INVESTMENT CONTRACTS’ DISPUTES

Saad Huassein Abed

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 32-68

Oil and gas companies invest large amounts of capital, so the conflicts that arise in this activity are among the most important risks to be considered in any international energy project. The parties of the contract are keen to formulate a dispute settlement mechanism, whether they are companies, individuals or governments. In particular, foreign companies have no desire to resort to national courts for lack of confidence in the impartiality of the national judiciary. Disputes between the investing company and the host State occur when the host State makes significant changes to the terms of the original transaction or when it withdraws the investment (concession) granted to a company and whether the subject of the contract is the production sharing between it and the host State or a contract of extraction or service contract.

BIOLOGICAL EVIDENCE AND JUDGE'S DISCRETIONARY AUTHORITY TO PROVE

Nabil .M. Allah Al-Obaidi; Amira .A. Rahman

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 69-85

The proof of criminal evidence is vast due to the tremendous scientific revolution in evidence which is unprecedented. It is based on precise scientific theories and origins and has provided the judge with conclusive and decisive evidence linking or denying the relationship between the accused person and the crime. They have convictions or exonerations when forensic evidence are as follows: it may be the confession of the accused or the testimony of witnesses, or mental evidence including such as presumptions, which are substantial evidence as called as the silent evidence. Hence, the importance of the substantial evidence by dealing with modern scientific means. The scientific evidence are based on scientific assets and facts that are not recognized in the past. They have begun to occupy their proper position in the field of criminal proof, in terms of their strength, stability, and confidence in their scientific sources. Hence, the importance of the judge's authority in assessing the scientific evidence because of its importance in modern criminal evidence. The judge's power to assess evidence does not fall within the framework of the three evidentiary systems: the system of legal evidence, the mixed evidence system, and the system of moral evidence as: "The judge must rule the case in accordance with the faith on which he has established his full freedom.

FACTORS AFFECTING TRAFFIC CRIMES (A COMPARATIVE STUDY)

Nawfal .A. Abdullah Al-Safo; Dalir .F. Muhammad

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 86-122

The aim of traffic law in various countries is to make the public safety of traffic on public roads safe from harm or danger, as a result of the use of motorized and non-motorized vehicles, because the use of motor vehicles in particular pose a risk of harm to the life and safety of individuals and money alike, or just a threat. The traffic law also aims to regulate traffic, ensure its normal flow without hindrance, and remove the blatant conflict between the different interests of public road users. Since the aim of the criminal proof is to reach the truth about the fact that occurred, the way to do this is to resort to the use of certain means appropriate to the use and type of incident, and the means of proof are all used to prove the truth, and the use of modern technology has led to a scientific revolution in the field of Criminal proof, therefore, must be resorted to modern scientific methods in the face of them, and to unveil this type of crime needs modern methods that suit the nature of nature, so the so-called (electronic scientific evidence) as one of the types of modern forensic evidence on the justice system, This is evident the impact of the father The electronic night in reducing the crime and its seriousness, especially traffic crimes, this impact that cannot be the traditional evidence to play

TAX DISPUTE (Quoted)

Saad .A. Al-Mousa; Ghada H. Lazim

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 123-159

Tax dispute is controversial in many respects. There is disagreement over its definition, adaptation, nature, and its inherent jurisdiction. In terms of its definition, some define it narrowly and only include disputes of appreciation and collection, while others expand its definition of disputes arising from and others are of a special nature. In terms of the type of dispute, some of them are of a personal nature. Some see it as objective in nature, while other construe it as a mixed nature, as it may combine both personal and objective character. As in the case of the taxpayer's appeal against the decision to impose a tax on him, and claims that they imposed more than the real value of them and demands at the same time to recover the amount over the real amount. In terms of the competent authority in its view, some believe that the ordinary judiciary is the original jurisdiction, while others believe that the tax dispute of the share of the administrative judiciary, and others argue that the task of resolving the tax dispute to a specialized judicial body because of the self-characterized by this dispute compared with other civil or administrative disputes.

COMMERCIAL MEDIATION AS AN ALTERNATIVE SOLUTION IN COMMERCIAL DISPUTES

Ibrahim hazzaa saleem

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 160-187

Commercial mediation is an alternative method for the judiciary to resolve trade disputes, based on creating a cooperative atmosphere between the conflicting parties and dialogue and exchange of views in order to reach a fair and appropriate solution, , Based on securing a mutual agreement based on the needs and interests of the parties, and the willingness of each party to make concessions at the stage of negotiations that permeate the process of mediation of some rights for the purpose of reaching the goal (reconciliation). Commercial mediation has become a prominent place in the legal field at the local and international level, because of the advantages and qualities of positive flexibility, confidentiality and speed, which is reflected positively on national economic development.

THE WILL OF HUMAN ORGANS AND ITS JURISPRUDENTIAL AND LEGAL POSITION (Quoted)

Qahtan .H. Abdul Qaraghouli; Muhammad Fadel Hammoud al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 188-234

The Iraqi legislator stipulated the will in the Iraqi Personal Status Law, where it was defined in Article (64) as an act in the estate added to the post-death requirement of ownership without compensation. There is also a jurisprudential dispute in which the use of the human organs of the deceased was permitted and transferred to the neighborhoods. From this dispute is the view of Islamic law of man and his honor, the human being is respectable alive or dead, and the Iraqi legislator provided a special law regulating the transfer of human organs, the law No. (85) of 1986, where the provisions of its articles referred to how to deal with human organs and legal sanction on whoever contravenes this law and its basis. The Iraqi legislator influenced by the humanitarian principles that seek to protect the human beings from the mechanisms of greed and seek to preserve the human being from humiliation. According to the importance of this work, the law has put a form concerned to express this work by the testator in expressing his will, as such formality may take several pictures including the commandment or written confirmation, and the purpose and purpose of the will of human organs must be for the purpose of saving the life of a patient by removing an organ from a dead body. If its purpose should be therapeutic, or scientific objectives to explore diseases that afflict human through anatomy and studying the body by the science of medicine. Besides the law has set conditions for the eradication of human organs, as there are organs may not be moved in Sharia and law either from the body of the deceased such as genital organs in order to prevent genealogical mixing. In addition, the will of human organs authorized by the jurisprudence and law provides vital organs to save many people who are close to death, which is carried out by the will of the organs, in his life or the permission of his relatives after his death, by eradication or the consent of his guardian.

THE IMPORTANCE OF SYRIAN CRISIS IN RUSSIAN STRATEGY AFTER 2011

Kamal Abdullah Hassan

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 235-272

Russia managed to pass the internal challenges in the 21st century and reorganized its abilities in all fields, and started to face the outside challenges to practice its rule in international and regional levels in order to ensure its security and national interests. It began to invest in Syrian crisis to implement its strategy in the Middle East, militarily and politically, because of the geopolitical importance of the Syrian location, and to confront the American aiming to extend the western dominate over the international system, and through the cooperation with the U.N. and other regional powers like Turkey and Iran to prevent the western military intervention to topple the regime to create an agreement based on mutual solutions to solve this crisis.

ALCOHOL ABUSE BETWEEN THE LIMITATIONS OF CRIMINAL LAW AND THE WISDOM OF ISLAMIC LAW

Hashem.M. Ahmed Al-Juhaishi; Anas .M. Khalaf Al-Jubouri

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 237-317

Scrutinizing the crimes classified by Islamic penal legislator within al-hudod, which are the highest-punished crimes in Sharia, indicates that it had embarked in order to safeguard the essential interests which no society anytime can live only by protecting and defending those interests. Notably, human mind protection is the right spinning within all rights, and its protection is inevitable and necessary. However, protecting such interests is often violated as a result of the absence of the conscious mind to individuals and society, why not since the mind is the great blessing and privilege that separates humans and other creatures. This will only be by revisiting the philosophy that adopted by the Iraqi criminal policy, which ignored this social epidemic and its escorting destruction. Subsequently, it is imperative to adopt new criminal policy based on the philosophy of outlawing alcohol and equivalents of intoxicants ultimately. Also, the deterrent penalties of taking alcohol must apply, and it is recommended for the Iraqi criminal legislator and other Arab legislators to follow the footsteps of Islamic criminal legislator.

THE ROLE OF ADMINISTRATIVE SANCTIONS IN COMPELLING THE CONTRACTOR TO IMPLEMENT HIS CONTRACTUAL OBLIGATIONS (A CRITICAL ANALYTICAL STUDY)

Abdul Malik Yunus Muhammad

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 318-351

If the general principle in the implementation of contracts is good faith, including the Contractors common duty not to breach contractual obligations. It Added to this principle other one related to administrative law which is the principle of maintaining good functioning of public service. Therefore, the breach of a contractual obligation resulting from an administrative contract imposes administrative sanctions on the Contractor. This should apply when the implementation of its commitments has shortcomings in any way whether to refrain from his contract obligations or a delay occurs in implementation or the non-approval implementation or replacing others in implementation without the approval of the Department. Departments have in all these cases the right to apply sanctions to the contractor that are unfamiliar or unreasonable for individuals in private law contract. The system of administrative sanctions targets not only to restore the balance between the obligations of the parties, and not the nature of the sanctions as deterrent, but accessing the implementation that can guarantee the good functioning of the public service.Sanctions in terms of their source is divided into contractual and non-contractual sanctions. In terms of the subject, there are financial sanctions such as compensation, delay fines, and confiscating insurances, or serve as a means of pressure such as the making the project under guardianship, the withdrawal of the project, purchasing at the expense of the contractor, and replacing the contractor in implementation. As well as this administration has the authority to rescind the contract and toppling the obligation. In order to identify this subject, it is divided into three parts, the first assigned to define administrative sanctions and exploring its characteristics. The second dealt with the legal adaptation of administrative sanctions, while the third devoted to indicate the types of administrative sanctions. Finally, we have included this research with the most important conclusions and recommendations.

IMPURITY GUARANTEES (Quoted)

Ahmed .K. Hmeede; Furat .R. Amin; Joan. N. Amin

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 352-386

Iraqi law stipulated that one of the members of the investigation committee must have a preliminary certificate in the law to achieve neutrality and security for the employee, and by guaranteeing impartiality, none of the members of the investigation committee should have the authority to impose the penalty on the employee, that is, it is not permissible to combine the authority of accusation and judgment, and if he The system applied in Iraq is the presidential system, where the administrative head is given the investigation and the imposition of the punishment, so we must search for guarantees against these authorities. Therefore, we discussed in this research the most important guarantees to achieve impartiality in the investigation stage and the post-imposition of punishment.

THE RESPONSIBILITY OF THE AUTHOR ARISING FROM ELECTRONIC PUBLISHING

Salah Alu Muhammad

Journal of college of Law for Legal and Political Sciences, 2020, Volume 9, Issue issue 32 part 2, Pages 387-422

Electronic publishing is that kind of publication when the transfer of information from the author to the receiver by means of modern technology represented by automated computers and its associated means of storage, magnetic or laser, and communication networks beside the forthcoming technologies. Electronic publishing has several pros and cons, but in spite of its shortcomings its advantages remain superior than the former. In addition to the continuous growth of computer systems and automated data processing for man, that role however has been currently used illegally and this computer and its data became subject to many attacks that wasted and threatened human interests. Consequently, the civil liability of the author for electronic publishing rises due to these attacks, as this responsibility may sometimes be contractual or tort depending on the availability of the elements for every type of civil liability.