Volume 8, Issue issue 28 part 1, Spring 2019


Electronic media and its role in the fight against corruption

Salwa.A. Maydan; Jamil.H. ALdamin

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 1-19

The future of nations, especially the Arab nation, depends on the building of the human being, a real building away from all manifestations that violate human dignity, and in all the different names, but in the last decade there emerged a phenomenon that the human face reminds of the distressed and the financial, administrative, political, cultural, social and economic, which led To open a number of doors to the discussions of legislation and jurists and the judiciary for the establishment of national international bodies to work on the development and establishment of a set of principles aimed at eradicating this scourge that has plagued many countries.Despite the multiplicity of mechanisms and means that have sought and seek to put an end to this phenomenon, with the prior recognition of us that there is no defect in the science, legislation and legal systems, but the disadvantage inherent in some human souls because of greed and greed and self-love and denial of society, which ultimately lead to the loss of national identity.The best way to do this is to highlight the role of the media and any information about the electronic media, which has become closer to the human being because of the development in the means of technology, despite the negative effects. However, we do not deny the positive effects of the statement of its role in the fight against corruption. This double relationship between media and corruption is a relationship of disclosure and the relationship of existence, which represents the fourth authority after the executive, legislative and judicial authorities, , Will shed light through the axes of research on the electronic media and its role in the fight against corruption .

Integration of decisions of global organizations with decisions of regional organizations

Omar.H Kurdi; Bashir S.Ahmad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 20-47

The international system has undergone many achievements and failures Which affected in it and led to structural changes, the most important of which is the emergence of the role of regional organizations and their attempt to enter areas that may be at the core of the competence of their counterparts in global organizations. This, in turn, requires to find solutions fearing from overlap in the terms of reference between them. The United Nations Charter addressed this issue at Chapter VIII of the United Nations Charter, which necessitated the integration of the decisions of regional and global organizations. The nature of the legal relationship between the regional and global organizations is a confirmation and recognition relationship of the legitimacy of its existence and the importance of its role on the one hand, And a relationship of supervising and controlling and using and cooperating in the management of all international relations on the other hand. The Security Council exercises control and supervision over regional organizations, both in their efforts to settle disputes peacefully or when carrying out enforcement action. As a result of the controversy over how a particular international community should be considered a regional organization, It is, therefore, better to add to the Articles of Chapter VIII of the Charter of the United Nations a text that defines the regional organization and the necessary controls for its implementation, As well as the terms of reference of regional organization which it meets with the global organization or differs with it.

Legal regulation of tax accounting in administrative contracts

Mohamed A.Rahil; Aftkhar R.Khalil

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 48-75

The tax aims has economic, social and political goals and comes at the forefront of those goals that it represents a financial income to cover the expenses of the state with all its facilities and has other goals is to achieve economic and social balance and accelerate the process of development and redistribution of income and stimulate savings and investment in accordance with the priorities of development, and the legislator the importance of taxes and how to obtain them and exempt them In the administrative contracts concluded among the State and local foreign companies, and a statement of the rights and obligations of the contracting parties, with a statement of the role of the financial authority in the collection of such taxes as decided by the Iraqi legislator in the Income Tax Law And tax instructions for settling accounts of contracts between Iraq and foreign contracting parties No. (2) for the year 2008.

Arbitrary conditions in the insurance contract

Moamar A.Najm

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 76-113

The insurance contract is a contract that is prepared by the insured alone according to predetermined conditions. The role of the insured is limited to either accepting or rejecting these conditions without having the right to discuss or amend them. The unfair terms conditions in the insurance contract are fulfilled and the purpose of these conditions to achieve an obscene advantage or interest of the insured at the expense of the insured in such a way as to disturb the balance of contract between the parties in terms of rights and obligations, which requires the intervention of the legislator and the judiciary to restore the contractual balance between the parties and the removal of these unfair terms or the amendment of them.

Criminal factors at the event and ways to address them

SHelan .M.SHarif

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 114-153

This research is marked (The criminal factors for the young and methods of treatment) addresses Whatever the subject centered on a statement criminal factors and their impact on the behavior of the young and how to prevent and treat them, and specifically here lies the importance of the subject of our research tagged (criminal factors for young and methods of treatment), as well as our reasons for his choice and the aim Search in the subject of this research has been divided into setions, devoted first to set out the criminal factors at the young, and in the two demands, we explained in the first internal factors of criminality, and Pena in the second shows factors for criminality, have dedicated Study II of ways to address crime at the event. in the two demands, Pena in the first prevention of crime, and in the second reform and juvenile offender treatment in penal institutions, and we have included in the finale Find the most prominent we reached in the course of our research conclusions and recommendations .

The American approach to the sovereignty of the Arab states after the events of 11 September 2001

Azhar .A.Alhayali

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 154-197

There is no doubt that the events of September 11 represented a historic event for the United States and for the world as a whole and a turning point in the concepts of its international relations, especially the principle of absolute sovereignty in determining the scope of internal affairs that was not immune to attack and targeting, after the United States changed its perception of reality And set a new political and military track aimed primarily at extending the hegemony over the Arab region and dismantling and returning it to the pre-state era, based on the concentrations and mechanisms of violation ranging from political, economic, military, etc., and far from human factors Yeh, and thus to affect a large degree on the content of the principle of Arab sovereignty and the scope of its application, and promote transformation towards decay and decline .

Authenticity of DNA in Producing Descent in Islamic and Iraqi Law

Sadam.H. Alabaudi; Awad.H. Alabaudi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 197-246

DNA is considered breakthrough in the field of medical development. It is the genetic structure that shows the identity of each individual. It means that almost invariably misrepresents the personality. The DNA is a recent proof of evidence that modern scholars have found difficult to measure. As proof of evidence of lineage, so they set rules that must be available to take the results of the DNA as a means of resolving the dispute about the sonship and paternity.In the field of positive law , specifically in the Iraqi Personal Status Law number. 188 of 1959, although the Iraqi legislator specified in Article 51 of the Personal Status Law the condition of proof of descent: 1 – it have to spend the contract of marriage less period of pregnancy, - There is no reference to the establishment of percentages by modern scientific means, including (DNA), and although the Iraqi evidence Act No. 107 of 1979 and Article 104 of which allowed the judge to take benefit from the means of scientific progress in the development of judicial evidence did not specify what means of scientific progress.Based on all of these data, this study was devoted to the study of the Authenticity of DNA in the determination of descent in Sharia, law and judiciary.

Prohibition of the participation of the public official in electoral propaganda (comparative study)

Salih.H. Ali

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 247-281

Democratic states seek to include in their legislation the legal provision that guarantee the principle of impartiality of public authorities during election campaigns by prohibiting the public official from intervening in favor of a candidate at the expense of another candidate and removing its employees from political and party influences. . The first stage of real democracy is to put the right of election propaganda under the supervision of a neutral body. This problem is associated with the elections. In reality, it indicates the organized violation by the members of the various state authorities of the principle of neutrality between the candidates.The essential guarantee of the integrity of electoral propaganda from counterfeiting is to ensure that the public servant is not interfered with, the neutrality of the state authorities is not interfered with propaganda activities, and the control of the candidates themselves and their representatives, public opinion, parties, civil society institutions and the media constitute effective means of monitoring .

The nature of the role of intellections and the dialectical relationship with political parties

Hayfaa.R. Hasan

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 282-327

The role of intellectuals in general is controversial and contradictory: To expose and clarify the conflict and to overcome the silence imposed by the force and the obedient calm of power wherever and wherever possible . Culture and politics in the general sense are the same and in great contact and exchange services . politics can be viewed as a culture and dealing with culture as politics is a great work of art and performs and educational function and a fundamental task in the management of public affairs and the organization of interpersonal relations . This reflects the dialectical relationship between the intellectual and the social classes on the one hand، the intellectual and the political parties on the other . The witness' to the age that uses an easy method and a clear language and based on accurate information and accurate numbers and fixed evidence and after the liberation of delusions and sailing in science and directed towards a wakening democratic awareness among citizens of all social classes and sensitize them the importance of participating in the management of their city and intervene in the public judiciary and denouncing the abyss that prefer between people and be through the political parties and therefore the task of the intellectual is the cultural intervention in the social and political conditional، so the public function of the educated to stay in the political and social and make an effort to understand what cannot be understood and dare to go out to try again as the political commitment by the intellectual makes him sincere to himself and to the end of his time perhaps the best lesson provided by the intellectual of humanity is to recall what was ignored and forgotten and see a broader picture of what the authority and the reference to alternative work opening the sheds and opening the horizons .

Defect of lack of personal jurisdiction and control of its elimination

Raeda.Y. Kader

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 28 part 1, Pages 328-361

It is clear from the above that the defect of personal lack of jurisdiction is one of the most important defects that may be the administrative decision, since the original in the jurisdiction is that it is personal, which is not issued by the competent administrative authority, that is that when making a decision to invalidate the defective decision, By ignoring this decision.The Administrative Judiciary in Iraq had a desired position on the lack of personal jurisdiction. The Administrative Court, the General Disciplinary Council and the State Consultative Council of 1979 had an important position regarding this defect.