Journal of Kufa legal and political science

The approval of the Iraqi Constitution of 2005 facilitated the opening of new horizons for the constitutional system. The Constitution laid the necessary foundations for the reconstruction of a democratic and liberal Iraqi institutional system, which in its recent history has known only a dictatorial and authoritarian system of government. We think it is useful here to study the models of the form of the state and government, as they are formulated, and there is no doubt that this study helps to understand the constitutional articles and rules related to the organization of the form of the state and government in a correct manner. We note that the Iraqi Constitution begins its purpose directly in the text of Article 1 as follows: “The Republic of Iraq is an independent and sovereign state, whose system of government is a parliamentary republic, a federal democracy.” The constitution later adds another affirmation in Article 5, which reads: “Sovereignty belongs to the law, and the people are the source of authority and legitimacy, exercised by secret ballot and through its constitutional institutions.”

The purpose of concluding a contract is the interest that each party wants to obtain. Therefore, it differs among its parties, sometimes reaching the point of conflict between them. The technology transfer contract is like any other contract whose parties have interests and goals that both parties seek to achieve as a result of concluding it.

Handles Find problematic task stand out in the field of criminal prosecution is over health and safety of the founding of the verdicts and criminal decisions on judicial clues based on the authority of the criminal justice system in the adoption and appreciation of evidence of criminal, as the practice of criminal legislation and procedural including the Iraqi Criminal Procedure Code in force number (23) of 1971 amended on revenues judicial clues within the evidence of criminal evidence, however, that the practical approach prevailing at the criminal justice system is to distinguish between the evidence and the context in the field of criminal prosecution, which requires research this topic methodology Toeselip and analytical to illustrate the nature of judicial clues Moukeitha between the evidence of other criminal evidence and its probative and the possibility invoked In all criminal sentences, whether requires conviction or acquittal in order to create a vision of knowledge integrated to ensure logical consistency arbitrator between the roles of the evidence in order to achieve the level of integration and synergy between them and thus establish a judicial rulings represent an

accurate reflection of the truth in the light of the criteria established by the criminal models and other substantive criminal rules and procedural According realism of the facts relating to how the crime was committed and the roles of the perpetrators and the circumstances of their commission.

One of the features of the constitutional system in both France and Iraq is the bipartisanship of the executive branch. That is, it consists of two parties: the head of state on the one hand and the ministry headed by the prime minister on the other. If the head of state is considered the head of the executive branch, many factors may overlap and affect the role of the head of state, and thus reflect on the role of the prime minister, so that some writers have spoken of (the rule of two people). This phrase may indicate a question as to whether there is a difference in the constitutional weight and weight between the Head of State and the Prime Minister, and whether this difference has a significance that makes them in a very different situation.

The authority of the administration is not an end in itself but a means to achieve the primary goal of providing the service for the benefit of the community , if administration veered to use this power to issue decisions to achieve the goals contradict the interests of society , the decision is tainted by a defect deviation in power or misuse , and affects negatively the phenomenon of administrative and financial corruption that prevailed in contemporary societies and Iraq in particular, we have found through our research into the phenomenon of deviation using the power multi- image already referred to , and the most dangerous form of deviation in order to achieve a political benefit Vattern in the phenomenon of corruption extends to the administrative and financial aspects of this image The engine of corruption cases per year within the facility , and we suggest that the choice of administrative leadership and career staff Higher the basis of merit , not political favoritism and religious affiliation because of its impact on the phenomenon of deviation authority to achieve ideological interests .

Any resort to vain justice without some benefit, if the discount reap the benefit or the benefit of his case before the courts, the claim would be acceptable and separates them, but if there is no interest or benefit received by an opponent of the use of the suit is not permissible to accept his claim, are motive to suit a purpose intended it.
If the basic principle is that interest to accept the lawsuit to be the case, this asset has become much explains the expansion has allowed the various legislations potential interest clause as be sufficient if there's call to fear of harm to people with respect, as well as the prosecution rightly deferred to take into account the term when judging him.
The Interest potential damage is where the assault did not located after the plaintiff, but the potential of falling is done on the suit is not for the purpose of raising the damage has already occurred, but to prevent damage before it occurs.

Characterized the study of Islamic movements in Lebanon, as other studies in the Arab world by being the study of the subject in a different and distinct field on more than one level, environment in which they were composed of components very sectarian and confessional diversity
And a political system that has grown the sectarian system governed by rules historical established practice since before the rise of the Lebanese state, which rules lay balances minutes of any disruption where input to mesmerize and wars threaten national unity in the whole society. Yet this environment characterized by experimenting with political its own specificity in the Arab world, which has remained since independence blessed with a climate of political and media freedoms and cultural rights, in spite of all the crises experienced by

Customary international law is one of the most important subjects in public international law, because it is main source of rules of public international law according article 38, paragraph 1/b of statute of international court of justice, in addition to any jurisprudence resource in public international law contains custom in its main vocabularies.
In fact, in spite of above, customary international rules is one of the most complex and disputatious subjects and thus, international law commission adopted identifying of customary international law in its studying program between 2010-2016. The special reporter Michael Wood wrote two reports about customary international law in 2013, 2014, and he will write the final report at 2016.
My research contains two chapters in addition to conclusion. The first chapter topic is:" the definition of customary international rule ", which contains two subtopics: meaning of customary international rule, obligatory basis of customary international rule.
The second chapter topic is;" effect of unilateral legal acts on formation of customary international rule ", which contain; protest, reservation and acquiescence.

Presumption: It is the inference of an unknown matter from an established fact. For example, the lessor’s receipt of the last installment of the rent is evidence that the tenant has paid the previous installments. If the judge makes this inference according to what he sees fit as to the circumstances of the case, then we will be faced with a judicial presumption, and if the legislator does so. By observing the reality and stipulating it in the text of the law, we are faced with a legal presumption.

This study examine the role the Security Council in reducing the financing of terrorism, and show that the financing of terrorist organizations, sources are mostly from donations of money, materials or weapons, and illegal trade in drugs and human beings, and took the ransom for hostages and royalties, and the smuggling of natural resources and the effects, as well as theft crimes and money laundering.
The study showed that the Security Council issued a number of decisions in order to reduce the financing of terrorism committed which countries to prevent and suppress the financing of terrorist organizations and not to allow their citizens and residents on its territory direct or indirect commercial deal with it and freeze terrorist funds and prevent the move, and any person who participates in the financing of terrorist acts or planning or preparing to justice.
It also emerged that the council did not take military or non-military measures under Chapter VII of the Charter of the United Nations towards the states are not bound by its decisions reduction of the financing of terrorism, especially if there are countries
dealing with terrorist organizations through the purchase of the effects of crude oil and its derivatives, as well as support money or arms or recruitment or travel, or to facilitate the support of individuals, groups or institutions within the territory of those countries.
This study also focused on, introduced the United Nations General Assembly's ability to follow the obligation of States to prevent the financing of terrorism and the possibility of taking take the necessary right against states that the measures as a result of the failure of the Security Council to do its job in peace and international security, based on the Union's decision for peace number (377 ) of 1950.

The public prosecution service in the permanent International Criminal Court of the most important organs of this court, and that the importance of the role played by through the exercise of its duties under the Rome Statute and the Rules of Procedure and Evidence, which organized the work of the Court, including the Prosecutor's Office, where he carried out the functions of the charge investigation and submit the prosecution evidence and innocence alike, as charge of the investigation after obtaining the permission of the Pre-Trial Chamber.
As for how to organize this office, it is what will we eat in this research, in the three demands, we learn in the first on the nature of the practice legal system in court, while the second will be for the prosecutor's office, while the third demand Fsngay the light on the Attorney General, and as follows.