Volume 8, issue 30 part 2, Summer 2019

A new trend of sanctions in Iraqi legislation (A study in the alternative penal system)

Khalil . Y. jundiun

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 1-41

To advance in any community and striving towards democracy must be accompanied by democratic practices, notably finding suitable and appropriate legislation and existing legislation or develop alternative to meet the requirements of the community evolved towards democratic pace, and in the region generally, whether in Iraq or in Kurdish Iraq seeks our people in finding solutions to their problems and issues, whether political or economic, which must be accompanied by social problems and solutions required by this community of multiple aspects of development in line with successful democratic experiments. In the world, and the issue of alternative sanctions is devoting to this quest for developing rules on the requirement to achieve this balance between the development right of the community to protect its interests in providing peace and tranquility and stability and between human rights principles and preserve family entity of society, which is still the basis of our society. Thus began the criminal jurisprudence tends to think about using new media to avoid previous disadvantages mentioned, invented the modern criminal policy alternative penal system, which guarantees to avoid internment in penal institutions, and given a chance to reform and rehabilitation outside the walls of the penal institution for the purposes of punishment, and on this basis, alternative penal system reflects the latest trends in the treatment of offenders and penal reform, Walid began experience indeed it did not codify and enters into various criminal legislation only after the test showed Its success and usefulness, having proved the futility of sanctions involving deprivation of liberty of short duration. Therefore we will run this study extensively by knowing the extent to which alternative sanctions regime incorporated in the texts of the Iraqi Penal Code, which in turn is effective in the Kurdistan region of Iraq, in order to get rid of the negatives the legal penalties of deprivation of liberty of short duration, in order to keep pace with modern criminal legislation the Iraqi Penal Code, up to the level of contemporary criminal policy, and raising the defendant in penalties involving deprivation of liberty of short duration repair and rehabilitation away from bars Penal institutions, and not to get too far from society but can return to society and to do a good person doesn't think of committing a crime in the future and avoid all the above inconveniences.

Electronic Arbitration Agreement

Rayan. H. Hamdoun

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 42-73

Electronic arbitration begins with the traditional arbitration agreement of the parties to the dispute to choose it as a means to resolve the dispute between the parties in the legal relationship, it is in principle the first step to go to arbitration and the basis of its establishment, and its absence means the absence of arbitration in itself, but the special nature of electronic arbitration During the electronic medium in which it is practiced and makes the agreement on electronic arbitration not in the traditional form of the arbitration agreement, it is actually an “electronic agreement”, and such a description may raise legal problems related to the application of the legal rules relating to the arbitration agreement. In its traditional form the electronic arbitration agreement thus questioning the validity of this agreement and binding it to the parties.The Electronic Arbitration Agreement is an agreement that independent of the original contract based on the principle of the independence of the arbitration clause. Is another independent contract.Therefore, the question that may arise with regard to the electronic arbitration agreement is what is meant by the electronic arbitration agreement? What is his picture? What are the conditions required to conclude this agreement? What are the rules of this agreement? How can such an agreement be proved? This is what we will try to answer through this modest research as the arbitration agreement is the main pillar of the arbitration process.


Salwa Ahmed Medan; Shima Jamal

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 74-123

Internal displacement is an ancient human phenomenon that has afflicted most of the world, and is more common in countries experiencing international and non-international armed conflicts and instability and instability, causing the uprooting of the civilian population from their environments and areas and forcing them to migrate and displace in search of a safe place to protect them from fire. War or the brutality of armed groups or from the anger of nature when their countries or regions are exposed to natural disasters such as earthquakes, floods and droughts, especially in some African countries, which has serious consequences for the displaced person in terms of loss of security and safety Data, housing and comfort Exposure to the ugliest practices of murder, torture, rape and gross violations of his rights and does not stop the effects of the displaced person, but beyond to the host communities of displaced people in terms of widespread poverty and unemployment and the increase in the proportion of crimes, as well as demographic change in some areas.As for Iraq, its inhabitants have been subjected to displacement, displacement and internal displacement for various reasons including what was due to authoritarian regimes, military reasons and armed conflicts witnessed in the country along with the US occupation, violence and the spread of terrorist operations. Since the displaced person remains within his country and is only a citizen of the state forced by force majeure to leave his place of residence, which prefers to return to him until the situation improves. There is no international convention for IDPs It addresses their needs, guarantees their rights, and provides solutions to their problems, with the exception of the guiding principles and rules of international humanitarian law, which suffer from some deficiencies. Strict international mechanisms to ensure the application of these rules and principles.

Reservation of resolutions of international organizations

Khalid .s. jawad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 124-139

The acts of international organizations with their sole will are decisions, recommendations, declarations, regulations and wishes which are considered to be the rules of public international law and have the binding character of the other sources of international law, international conventions, general principles of law, the opinions of the great jurists of civilized motherhood, principles of justice and fairness, International Legal action has emerged with the adoption of the Vienna Convention on the Law of Treaties of The main reason for its emergence is the balancing of the role of the growing and growing international organizations and the sovereignty of the state, which calls for international jurisprudence to preserve them and not to reduce their size or end them. If that is the case, can the member states of the international organization or the member states of one of the organs of the Organization be able to reserve the international resolution so that it does not have to raise it.

Legal regulation to ensure entitlement to the in-kind division of common money

Mahdi.N. Al - Halafi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 140-178

The legal organization to ensure the merit in the rights in rem of the common money:The origin in the ownership is to be proved for somebody , and this is the sorted ownership, but the ownership may be proved for more than one person regarding the same property then it is said that it is common property, and the latter is considered an important subject that was addressed by the Jurists and the law men, it was organized in all the legislations and its provisions, even though some of them didn't meet all these provisions as in the Iraqi legislation, that requires reviewing the provisions and general rules in the law to address this legislative shortage , and also the common ownership has taken wide attention in the judicial field , and many addressed it and judicial provisions were issued for it that indicated its status and the difficulty of its provisions because it often leads to problems between the common owners (partners) , and one aspect of the common ownership subjects is dividing the money as a right in rem that created other issues that the legislators intervened to organize its provisions , but the researcher of the provisions of civil legislations has in mind aspects that was not completed in legislation regarding some issues that accompanies conducting the rights in rem division such as the merit and this is a topic the researchers deem important to address in the research. To specify the required assurance in the rights in rem division of the common money we shall divide this research into two topics: in the first topic we address the assurance and its conditions in two ranches, in the second topic we shall address the assurance provisions in two branches also.

Civil Aspects On Technology Transfer Contract

Shaymaa. G. AL-azzawi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 179-210

This paper discusses the Supposed correlation between word "civil contract" with its exact meaning of wills thread for making legal effect ,This threat with an economic phenomenonsuch as international tradec ontracts, which had the advantage of a Contracts Group or whatever label. These contracts often contain more than one contract in the pack, which listed as the "TECHNOLOGY TRANSFER AGREEMENT", they also interfere with the parties to get out of both sides to multilateralism , putting this contracts in the face of civil contract, some of the Jurisprudence tried to impededthe advantages of civil contract on international trade contracts, despite the impossibility of symmetry between them, creating confusion in the interpretation and even the perception of the international trade contracts, this confusion is due to the basic theory underlying the civil law in tow-parties relationship on the one hand, and who is this party, and the lack of attention to the principle of free-will, which is seen as one of the effects of Rousseau that Exaggeration the strong party protect, albeit valid, some of these ideas in the civil laws (internal) are not valid in international trade contracts, and in particular the TTA , because its contracts based primarily on the transfer of knowledge, which is the most important pillars of material force in this day and age

The International protection for women

Eammar. A. Muhamad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 211-235

Women are facing to many of the most horrific crimes, whether in time of peace or war. The most prominent crimes against women are murder, torture, displacement, discrimination, trafficking and sexual assault. To establish legal rules for the protection of women against such crimes and violations, and to accept the responsibility of those who violate those rules and conventions that have addressed the issue of their protection.

Negotiations leading to contracting in the Iraqi civil law (An analytical and analytical study)

Khalid. M. AL-eaziy; Awad. H. Al-Obaidi

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 236-268

Negotiations leading to the contracting are an essential stage in the contracting process, since the contractual balance to be concluded depends on the smooth functioning of these negotiations and will plays a key role in the nodal negotiations. Negotiations arise when the will of one of the parties enters into negotiations with a view to reaching the planned contract.The means or formula followed by negotiators in the negotiations does not follow an approach. The parties' will be free to conduct such negotiations directly by means of ambiguity or verbalization or can be conducted through the exchange of correspondence, correspondence or any method determined by the will of the negotiating parties.The study aimed to determine the nature of the negotiations for the conclusion of the contract, as well as the legal nature of the negotiation stage of the contract, by establishing a contractual nature for this stage. This is because there is an agreement to negotiate between the parties and the consequent consequences. The parties to the negotiations, the legal value to be enjoyed by the agreements that permeate that stage, as well as their proof of proof.


Aysir . I. Dawood; Afrah .A. Najib

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 269-305

The process of acceptance of deposits is one of the most important activities undertaken by banks. In view of the importance of the activities that are being carried out, the role of the rules of practicing banking must be activated so that these rules are able to guarantee the cash deposit. A bank can not carry out its banking activities unless it is subject to certain procedures The banking sector is subject to control of its business both before and after the practice of its banking business. The aim is to prevent banks from violating the rules of banking, which will inevitably affect the rights of depositors' customers. Leading to destabilization of the banking system.

The Role of the Constitutional Bloc in Extending the Reference of the Constitutional Judge to Control the Constitutionality of Laws

Sherzad .A. Al Najjar; Shallow . S. Abdulrahman

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 306-331

The constitutional rules are the primary reference for the control of the constitutionality of laws, but the reference of the constitutional judge in the present day has expanded and includes a set of rules and principles of constitutional value, This group of constitutional rules and principles create a constitutional group called the Constitutional Bloc, and the French Constitutional Councils has the great role in the formation and expansion of the constitutional bloc in general and in France in particular,Where he stressed through his jurisprudence on the constitutionality of many of the principles and rules contained in the French Declaration of Human Rights and the previous constitutions, and that this extension within the scope of reference of the constitutional judge was not limited to France only, but expanded the constitutional bloc in Egypt and Iraq, Where the principles of Islamic law and the principles of democracy have become a reference to the constitutional judge in Iraq when it controls the constitutionality of laws issued by the federal legislative authority.

The fall of the decision of the expropriation report for public benefit or if not

Thenon. S.Younis; Zina.S. Mohammed

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 30 part 2, Pages 332-366

Our study dealt with an important case of cases and the termination of administrative decisions, and the researchers did not address them. This is the picture of the fall of the decision of the expropriation report for public benefit in Egyptian legislation.The administrative decision - as in all legal phenomena - may fall and diminish its legal power no matter how long its validity or effectiveness lasts, as it will expire by any legal means or cause of its fall or expiry.The second is the fall of the administrative license, if one year has elapsed since the grant of the license and the owner has not initiated Benefiting from the licensed work.The third picture of the fall of the decision is in the case of non-receipt of the work, meaning that if the decision to appoint a person has been issued and the period prescribed by the laws and regulations has not received the work, we are also in this case the imam of the picture of the fall of the administrative decision or if it was not.