Volume 8, issue 29 part 1, Spring 2019

The phenomenon of abandonment of children

Raba.S .Kaleefahy

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 1-14

There is no doubt that the attention to the childhood has a great influence to the society, The present children are the man of the future, Stemming from this point the international, regional and internal efforts try to dedicate the criminal protection to this weakened class. One of these efforts have been exerted by the Iraqi legislation. The Iraqi legislator has issued many laws which aim to provide protection and safety to the children such these laws are the Juvenile Welfare Act and Child Care Act as well as the other texts that found in the Iraq punishments law. Although these laws assure and abide to ensure the safety and protect this stratum, what is disseminated at present, that there is a phenomenon needs an attention especially from the legislation point of view which is the abandon of the child and kill them. We hear many news that a new baby was found on the road, in front of the mosque or on the rubbish place whatever the baby is dead or still alive. The researcher attempts to know to what extend the Iraqi legislation texts have dealt with this topic. This study adopts the analytic approach by studying the texts and analyse them in order to reach to practical solution for this issue.

The financial effect of the judicial judgment on the reinstatement of the public servant

Ahmed. M. Al - Rubaie

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 15-53

Administration possess with its discretionary power can exclude any of its employees regardless of this exclusion reasons .But this decision taken by administration may not be legal which makes it voidable and cancelable by administrative jurisdiction . In which case reinstatement occurred .Among the obligations of administration is the necessity compensation of the damage inflicting the employ in the period spent outside service .Therefore, we can find that administration and judicial authorities do not worked consistently in various states ,whether in Iraq or in comparative laws. This is the problem of the study under discussion. The study is divided into two sections .The first section deals with the explication of causes behind discontinuing official bond and the judicial supervision of it ,whereas the second section explicates the financial effect consequent on cancelling the administrative decision . The study concludes with a summary showing the findings and recommendations ,the most important of which is the necessity of granting public employee sufficient compensation for damage resulting from the illegal decision of administration .

Economic coercion Analytical study in light of the new contract law and the French judiciary

Amar. K. Kazem; Gawad. K.Semisem

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 54-95

This research is an attempt to present and discuss the idea of economic coercion and to analyze the position of jurisprudence, jurisprudence and legislation in France, and the importance of the subject comes from the fact that the French legislator took the idea of economic coercion for the first time in the Civil Code in the latest amendment to the French Contract Law of 2016 in line with the direction of the French Court of Cassation.

Noise Pollution sources and its effects A comparative study in the light of Sudanese law

Musa. M. Hmad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 96-121

The research addressed the issue of noise pollution, and the importance of .This paper emanates from that the noise pollution has became one of the most serious environmental problems that needed to be addressed and studied. This paper aimed to define the concept of noise pollution, clarify its sources and effects and criminalization framework in Sudanese and Iraq laws. The problem of this paper lay in the search for a legal framework to combat noise pollution in Sudanese and Iraq laws its adequacy and efficiency.This research divided into three chapters. Based on the above the paper reached to several conclusions, the most important of which are: the Sudanese laws did not explicitly address noise pollution, but referred to it through criminalizing acts that constitute unlike Iraq law the elements of the noise pollution in the modern concept. And therefore the study recommended a number of recommendations, the most important of which are: amend the Sudanese Environment Law in order to add a new legal article dealing with noise pollution like Iraq law.

The balance between the right of inspection and the right to privacy

Shaima. Z.Mohammad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 122-148

The freedoms of the people and inviolability of their homes have been and remain amony the basic rights that aperson is keen to ensure and not to be affected except within certain limits and within formulas determined by the Law and the inspection is one of the procedures permitted by Law and in certain cases wich seek to either keep the security and safety of people or to make sure of the execution of orders and prohibitions issued by the excutive authority or to search for eviduce of the erime.The search we are talking about is among the procedures that may be orderd by the investigation judge or authorized by the Low to conduct it wich aims to search for evidence of the crime, The preventive inspection, wich aims to prevent the crime be for it occurs and wich is necessitated by the necessities of security and peacekeeping.

Authentic legal for electronic business books

Hallo. M.Abdulsamad; Nihad .M. Namoos

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 149-185

This research is surveying the topic of Electronic Commercial Registers in terms of undergoing an analytical study about its legal authenticity. The significance of this topic stems from the recent development of commercial transactions and its usage as a modern means for record that is different than the classic ones to regulate commercial registers. Additionally, this study stems from the non-existence of a legal regulation dedicated to systemise this type of registers. For such a purpose, the researcher has utilised the descriptive analytical approach to study and analyse Iraqi legal provisions besides the comparative tool to identify the stance of other comparative laws. This research has scrutinised the concept, types, terms, means, legal power, and the official mechanisms to place these commercial electronic registers in front of civil courts. This study has concluded that electronic registers are no more than a state-of-the-art means in the manner of regulating classical registers. Regarding its legal authenticity, it has been illustrated and shown that these electronic registers take the same provision of classical debentures in terms of vindication due to the existence of the condition of electronic signature. As a result, all provisions regarding the protest of classical portfolios are applicable to the new e-registers. In addition, e-registers have characteristics that differ than classical ones, such as its non-ending pages and the manner of being prone to censorship by the notary. Based on the above-mentioned results, it is recommended to insert some changes in Iraqi Code of Commerce in terms of setting a regulatory legal system regarding these registers to accommodate new scientific developments prevailed in commercial activities. It is also recommended to do the same with respect to Iraqi Vindication Code, which means granting these registers the same legal power existed in classical registers in judicial vindication.

The Legislative Role of the Executive Authority (Comparative Study)

Maher . I.Emam

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 186-210

This study is entitled: The Legislative Role of the Executive Authority, Comparative Study.The study dealt with the role of the executive branch in the legislative process since the birth of the draft law and the issuance of a bill of laws, ratification and objection to issuing them, in addition to issuing them under a legislative mandate and temporary decrees.The study focused on the legislative role of the executive authority. This role has an impact on the legislative process in general and the conflicts highlighted by this role with the legislative authority.The study used descriptive, analytical and comparative methods to describe and analyze the texts that the constitutional legislator mentioned on the legislative role of the executive authority in the Sudanese constitution, in addition to comparison with comparative systems.This study aims to identify the basis of the legislative role of the executive authority and the limits of this role.The study concluded that the prescribed period of legislative authority in the constitutions helped to raise the legislative role of the executive branch.The study recommended that the constitutions should be written for a long period of time for the legislative authority to limit the exclusive power of the executive branch to the narrowest extent.

The Islamic vision of the contemporary civil state

Rachid .E . Al-Zaidi; Saifan S. Zurab

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 211-246

Many studies are dealt with by the modern civil state examination and analysis .Islamic philosophy has been absent from the standards of democracy. However, there have been Islamic concepts close to democracy, if not better, such as the principle of shura approved by the Koran, social justice and peaceful deliberation. The consultative councils were formed by the people of the solution and the contract, , To other soft-power represented by the Friday sermons and the preachers who were attracted by the thousands like Imam Ibn al-Jawzi and others, and the scientists of change who invented political thought such as Al-Mawardi, Ibn Taymiyyah, Ibn al-Qayyim and al-Ghazali.

The fundamental mistake as a vice of consent in the English law. An analytical comparative study with the Iraqi civil law

Younis .S.Ali

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 247-293

The fundamental crrar is considered as one of the vice of consent which makes the contract void under the English common law, and voidable according to the principles of equity. It is worth-bearing in mind that the operative fundamental mistake is classified into four main subtypes: the first is the identical or common mistake. The second is the non-identical mistake which arises either from the Cross-Purposes between the contracting parties, and known as Mutual Mistake. Or from one of them, while the other knows or is presumed to know the truth of the mistake, and referred to as a Unilateral Mistake. The third is the mistake as to the Identity of the contracting Party. And the fourth is the mistake as to the Contractual Document. Whereas the Iraqi Civil law No. (40) of 1951 has also adopted the fundamental mistake which must be so severe that the mistaken contracting party would have not abstained from contracting, had he understood the truth and not fallen in it. Whether it be on a fundamental characteristic of the subject-matter of the contract, or on the Identity of the contracting Party, or on affairs which the impartiality of dealings consider as fundamental elements of contracting.

Indirect means to control the work of the ministry (A comparative study)

Dawlat. A.Abdullaha

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 294-321

The multimedia stipulated by most of the constitution of the control of parliament on the ministry's works are important and necessary for the parliament to take it upon himself in order to control provisions of the ministry works, and indirect means petitions, complaints and hearings and reports between the parliament is, management and policy statement, which may become things the means to make parliament more effective control of the rest of the means, but which can be more effective to develop oversight on the work of the ministry.

The Program of British government and the European Union

Kamal .H. Adham

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 322-351

The wish of UK to withdraw from the EU belongs to the last decade of the past century when the executive authority work to estimate the laws of the UK in which it has hard to work in the kingdom especially in filed of emigration and the high rate of the financial participation of the UK in the financial interior to help some EU governments which UK see that rate is to high and in same way the signals of the government withdraw in the parliamentary elections of 2015 when the case of withdraw has discuss in the election case and in the second chapter the conservative government under the prime minister Theresa may had established to the referendum of exist from EU after reformed the government after have difference of votes from parliamentary election between 2010 and 2015. and in the second chapter is results of the agreement between UK and EU has many classes in the government and parliament and even in people of UK see the agreement not enough to achieve the interests of the people of the kingdom . third chapter the negotiation between UK and EU had the Brussels negotiation team got a agreement with the UK team and the UK agree with to bigan the exist to 2020. many case s of Scotland wish to leave UK and the unity of Ireland island . the referendum of withdraw of EU is maybe open the door for any people in the EU in the future to do the same way to leave EU. And the UK and EU want to getting useful partnership.

Ensure international protection of environmental refugees from global warming

Wahag .K. Abass

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 352-396

Gas emissions from human activities following the industrial revolution led to a change in the proportion of gases forming the atmosphere around the earth, especially by increasing the emission of carbon dioxide, which exacerbated so-called global warming, which in turn led to global warming than normal and the consequent Of climate change, which in turn affects the system of life with all its components, living and non-living. It has had a negative impact on the life of man and his environment, which prompted him to leave and in a huge number, and thus emerged a new category, which was called the environmental refugee, and despite the increase in numbers, Very legal texts dealing with the legal status of this category despite international efforts to curb global warming and mitigate its effects.

The impact of the criminal judgment on the administrative investigation

Deaa .A.Ali; Ahmad. A.Mohammad

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 397-413

Sometimes the administrative offense committed by the employee constitutes a crime or a criminal offense mentioned in the Penal Code. Here, the investigative committee is formed by order of the minister or the head of the department based on the law of discipline of state employees and public sector No. 14 of 1991, The truth and the disclosure of the circumstances in preparation for the issuance of a resolution true and identical to reality And here appears the relationship between the administrative investigation and the criminal rule that will be issued in the end and raises the subject of many of the issues that need to focus and discuss and try to find solutions, and this is not a conclusion from us, but the disputes brought before the judiciary confirms this, which calls for research in this The subject, in the event that the employee committed an administrative error carrying a crime, it is not logical to keep him in the public service because it poses a danger to the interests of the state And harms the reputation of the General Facility, especially if the crime committed is so serious as to jeopardize the public interest of the State and individuals. This problematic issue raises the question of the extent of the effect of the penal judgment, whether acquitted or convicted, which was reached by the criminal courts based on the facts and the circumstances of the case Carried out by the investigative committee before referring the employee to the criminal courts and the extent to which it affects the fate of the employee convicted of an act that is contrary to the law .

The International Council for Human Rights and the development of its mechanisms

Ayad. Y. Al-Saqli; Amer. H.Aljubori

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 29 part 1, Pages 414-450

The establishment of the Council was after the inability of the Human Rights Committee to perform its duties and thereafter its function has been politicized, which led to the emergence of certain proposals and ideas advocated the establishment of a new organ entrusted with functions of the Human Rights Committee as well as the new tasks, so as to achieve the protection and promotion of Human Rights. Therefore many researches, studies and the views have been made for the establishment of the International Council for Human Rights and that had raised the attention of specialists in the field of Human Rights and legal studies. The International Council for Human Rights works under a particular legal system, as well as legal rules that govern the membership in this Council. The membership of this Council are distributed to five regional groups it may be based the principle of equitable geographical distribution. The decision of its establishment granted it the right to create committees and subsidiary bodies affiliated to this Council in order to help it in performing its vital functions, consequently, the Council has set up a forum of minorities, social forum, an advisory committee and the expert mechanism on the rights of indigenous peoples The authorities of this Council mainly depend on the Charter of United Nations Organization and according to its objectives and the relationship of member states with each other and with the Organization itself. Therefore, there are those organizations which do not have any real powers towards its members, and for some of them the issuance of advisory opinions or non-obligatory recommendations. Those organizations may issue some binding decisions which may put the UN Organization to take action instead of the states such as the functions of UN Security Council and its powers under Chapter VII of the Charter. These authorities may be granted according to the type of organ and the type of its work. Therefore, we note here that these authorities, ranging from mere exchange of information, researches, issuing opinions and recommendations to the authority of taking obligatory decisions which give the Organization a higher authority above the wills of its member states, and not just the authority to the exchange of information that makes the Organization to seem like body of researches or as an office to coordinate between the states.The decision of the establishment of the Human Rights Council provided means and mechanisms of action in order to carry out its functions. These mechanisms are considered manners to work with those mechanisms and not ends by themselves. The General Assembly was decided through the decision of establishing the Council that the Council is working on behalf of the former Committee - Human Rights Committee - and its functions and mechanisms, adding to them a new mechanism which is the total periodical review where the Council will be able under this mechanism to identify the state record in the field of Human Rights and Freedoms, as well as the Council used the complaints mechanism as the right of individuals and groups who object to serious and flagrant violations may submit a complaint to the Council .