Journal of Kufa legal and political science

The criminal justice in any society requires the adoption of legal provisions disciplined in terms of content and language, and that the application of these provisions is the practical side of justice and begin the first judicial steps criminal investigation, which is designed to search the truth about the crime committed and find out the perpetrators and how to commit, and the most important pillars of the criminal investigation is what are settable from things related to the crime committed and contribute to the disclosure and the perpetrators, and collect other evidence that lead to either innocent or guilty and the punishment prescribed by the law against them, and the requirement for the right of the society in which breached crime Biskanth, so that the basic purpose of the criminal and criminal policy law upon which it is to protect society from crime, and to reach it must be stressed at the same time to respect the human rights and humanitarian values, since it is not logic or reason to be imposing a specific behavior on a certain class of individuals without the followers of the means that are consistent with the principles of humanity and legality , in addition, the interest in order to be worthy of protection, there must be texts ensure this protection by preventing any attack them or the organization of conservative measures on them, because these texts represent the legal basis on which it is based in the protection and preservation.

Discretion of management is the most threads contentious debate among jurists, because of management's freedom to make decisions, which may sometimes collide with the rights and freedoms of individuals, but the legislature has created a guarantee judicial control over the decisions issued by the administration to protect those rights and freedoms and under the discretion enrollment important about being the primary goal of management in the exercise of discretion is to achieve the public interest, and only had its disposal tainted by defect is subject to the supervision of the judiciary and threatened cancellation, we have tried in our research to address the problem of the extent of judicial control over the discretion of the management, and the reason of this problem is a close link between discretion of management and the idea of appropriateness, it was necessary to explain the concept of discretionary management and comparing discretionary powers exercised by the public authorities, and what are the grounds for granting management of such freedom in appreciation, as it was necessary to clarify the judicial control scope of the administrative decisions issued by administration, if taken to those decisions, whether in exercise of the discretion or restricted, It is found that the administrative court in constant evolution with respect to control of the Department's work, as we pointed out to the development of Jordan's administrative judiciary system in this area and breadth of judicial control over the work of the Department-wide after the issued administrative Justice Act in 2014, and we hope for further developments beyond the limits of judicial review on legality of work of administration to control the idea of appropriateness in those decisions

Characterized by public prosecutors of being a public authority Boukhais four, commentators agreed that there should be met by the authority in order to distinguish them from the authorities and independence and non-Altdzoh, lack of responsibility and dependency gradual and control requirements assigned to a public prosecutor is the independence and non-Altdzoh, since they have to be device independent for those who are observed, and in addition to that required to be a public prosecutor and one in his work stands on its summit chairman and being among its members dependency gradual, and melt the character of its members and solve each member replaces the other user, and the importance of these characteristics to distinguish the public prosecutor of the internal security forces crimes . Sanaaljha in the second chapter of the search Prosecutors characteristics of the Internal Security Forces crimes

Optional mandate is to allow the process of "transfer of power or part of the President to the subordinate, and when the latter accepted this mandate, it is committed to the performance of duties assigned by the President and shall exercise the powers necessary for the performance and become a responsible" than his work. And include a mandate three elements of the process which, granting authority, the right to act and to issue commands, either do or to refrain from doing something, and determining jurisdiction is to determine the legislator group behavior and actions of public people may be exercised by law ", and the significant legally effort." And responsibility, defined as the individual's commitment to perform the functions assigned to him and duties properly and the best of his ability and in accordance "with the directives of the boss who hold him accountable, and on this, the power flowing and flowing from the President to the subordinate in the allocation and determine the duties, as the Commissioner to have the authority, it must take responsibility .
Commissioner may be associated with several factors constitute impediments to the success of the mandate that:
Thirst for power and the fear of not confidential or exaggerated sense of appreciation and love of subjectivity and the belief that the mandate weaken his influence or fear of competition subordinates.
Who wants the organization in contemporary states to preserve the unity of the state and cohesiveness, and the involvement of the citizens of regional her administrative units, in direct and manage local affairs within the geographical borders, through the adoption of regional administrative decentralization method, and divides the countries that take decentralization of the two system, the Department takes the decentralization system regional management, and the other section, the application takes political decentralization, hardly a State out of these two systems.
So most of the constitutions and administrative legislation seeks to find a balance between the central authorities of the state, local authorities and their constituent administrative units, or at least to achieve as much as possible.
And it has become a regional dministrative decentralization style of the most important and most successful methods of organization of administrative units in the modern state, which has led to its adoption by the majority of countries in the world, whether those nations, simple or complex.
For this method relationship direct correlation to the question of strengthening the mechanisms or real democracy means, and to meet human rights material and moral requirements, through investigation or the completion of development and prosperity within the framework of the regional administrative unit caused by systematic planning and investment, better self-diverse resources, or those allocated to them from the central government resources within the annual general budget.
He underwent Iraq, during the period from July 17, 1968 until April 9, 2003, the system central holistic, despite the fact that some of the laws, especially the "relating to the organization of provincial affairs, such as the provincial Law No. 159 of 1969, by making some amendments to it, was referring to the award provincial powers of the task in accordance with the regional administrative decentralization, but they are copied by subsequent amendments to the law itself, or under other laws crashes or cancel conflicting with texts, or across the dissolved Revolutionary Command Council resolutions which have the force of law, although it is issued by the party executive and legislative branches gathered, or through instructions issued by the ministries or other bodies which were mostly beyond the legal and constitutional texts, but into practice takes top ranking laws.
Iraq has seen in the wake of the events of April 9, 2003 attempt to overthrow those administrative and political concepts, but those attempts were built on the foundations laid in the previous sentence period, influenced by the laws and regulations in force until that time, and that had a clear impact in all administrative and governmental practices, and attempts , re-incorporation of the decentralized system, from both the legislative and realism.
With the passage or a permanent constitution in the Republican era in 2005, it was the terms of reference between the center and regions and provinces distribution clearly, where the terms of reference of exclusive federal government, and joint powers between them and the regional governments, governorates not organized in a region, and leaving without it to the jurisdiction of the regions or governorates not organized in the territory, has given the Constitution under the provisions of Article (115) priority in the application of the law issued by the region or province in case of conflict with federal law, the legislature has the constitutional text on the formation of the provincial councils.
Research Objectives: The study aims to statement gaps in the previous legislation, competent, and disclosed fact, displace revealed the reality of the application of delegation of authority experience between the center and the provinces not organized in a region in Law No. (21) for the year 2005, and the success of administrative decentralization in Iraq .
Your Search: Our research on the subject (authorization in administrative decentralization system in Iraq), includes the identification of the authorization system and the study of the stages of the administrative Ttorallammerkzah in Iraq, and to benefit from past experiences, where they will be dealt with the mandate of administrative in the Royal Iraqi Covenant, and delegation of administrative in the republican era and study phase Pre-2003, and the mandate administrative post in 2003.
The research problem: that the constitutional legislator in Iraq's constitution of 2005 mixing between the federal applications and between regional administrative decentralization applications when distributed competencies of the federal government governorates not organized in a region in articles 114 115 121, and Article 123 of the Iraqi Constitution of 2005 contained She is confused about several of them:
1- The mandate of competence building "on the two destinations Odareeten agreement is rare to get in real life.
2- that the mandate of jurisdiction must be partly "not entirely" If the whole "it is a concession" terms of reference for the exercise, and therefore is null and void "sterile" from producing legal effects.
3- Article I states (123) of the Constitution on the permissibility of the terms of reference authorize the federal government to the provincial authorities, and that means the mandate from the bottom up, a situation that does not exist in the comparative legislation.
Research Methodology :
The comparative study method in this research has been adopted because it is most appropriate to the nature of the topic can be reached its conclusions.
The research plan: We will discuss this issue through divided into two sections, and will be in the first section of the administrative authority in Iraq in the monarchy and the second topic of administrative mandate in Iraq in the republican era before 2003 and the administrative authority in Iraq

Technology transfer contracts for the advantage of being based on trust between the contracting parties, as it is based on the account of personal, and therefore a loss of confidence in the society which is based on international trade is a serious indicator collapse of the level of progress attained through the cooperation of the parties to those contracts, so as tracers normally be the responsibility of one of the parties to technology transfer contract to prove when a breach in the implementation of the obligation placed upon, which is the same time established the right of the other party to obtain compensation for the reparation of his right as a result of such breach by the debtor.
However, whatever the reason for the annulment or the injured party than the compensation that followed may not be enough to repair the damage caused by the breach, so do not be in favor of termination are often two sides Hilji to remove the causes of conflict in accordance with good faith.
As long as the contract of technology transfer him to respond to technical know-how, so we find that the compensation could force sometimes damages that do not fix it other legal means in breach of the debtor in the implementation of its commitment to mere annulment does not give the supplier and the importer his right to do so.
So it is for self-compensation as a means of reparation to be the availability of the conditions for its application and entitlement

It is known that the head of state of important issues in any political system, as it represents the weight and because of their provisions, and accordingly the revenue the age requirement is absolutely imperative for those administering institution or body management, how we in front of the ruling head of the regime, namely the head of state. Therefore it has become necessary revenue such a condition when it is to talk about the terms of selection of the candidate for the presidency of the state, so that the failure of its revenue by the legislature in a document by the constitution or relevant laws, will undoubtedly have negative consequences, most important of which opened the door to just anyone to run for such This important position who specializes someone who represents the state abroad and shall manage its affairs at home, so if this was a small person in the age it is natural to be a weak or no political experience, and if it is too old, it is axiomatic be unable to focus and observation , which leads him to his inability to steer the state administration, and in both cases, the share of the state and its institutions can only be tripping unrest, corruption and rampant ignorance, and this is in itself a cause to give the age requirement privileged position when choosing the head of an efficient state because of its great importance and the impact of adult when compared to other conditions

This research with the subject of environmental protection in a comparative framework between the Iraqi Islamic Sharia law, and environmental law, which of the topics very modernity in the area of legal studies and in particular with regard to forensic in the field of environmental protection.
The attention to the protecting of the environment was demonstrated long time ago ,the outcome of the positives of that cannot be overlooked ,The most important being the issuance of all states and at different levels of numerous laws dealing with the protection and preservation of the environment , This version issued Iraqi legislator Law No. (37) for the year 2008 (Private) environmental protection, also issued Law No. (27) for the year 2009 and which explained how to protect the environment.
Although this Islamic law prevented the man from spoiling the environment Btheloatha or aggression on natural components in addition to urging the need for reconstruction and preserve the environment from the content of the Hadith: "do no harm", which became the base sticking out in all areas of life.
The research is divided into two chapters, and has shown in the first chapter the general framework of the topic and in chapter 2 research showed the demonstrate the applications of the base would do no harm" and do no damages" to the environment of its elements" ..
The research has emerged a number of findings of the most important: ;that Islamic Sharia paid in the protection of the environment for more than fourteen centuries the measures to protect the environment from pollution and assault and protecting the human right to healthy and clean, reflecting one of the aspects of legislative inimitability Islamic Sharia. environment, which reflects aspects of a legislative miracle of Islamic law.
One of the most important recommendations of the research need to disseminate Islamic environmental thought, to inform people that protection of the environment is one of the duties that are no less important than the other duties
The research also recommends that the need for the Iraqi legislature by expressly on the human right to live in a healthy and clean environment free of pollution ,It also recommended the need for the Iraqi law issuing a new law to protect the environment instead of law No (27) of 2009 and to cope with legislative developments in the field of protection of the environment

In order to ensure the sustainability of public utility and the continued proper functioning of it to provide the different needs of the audience increased as a result of the evolution of life and the expansion of its fields and the increased state intervention in satisfying those needs, it became necessary but imperative for the administration overseeing the work of public utility and control their employees; disciplinary system and represents an important way of means pursued by the administration to achieve its purpose through its employees accountable and then Ithabthm or punished, this system works to reconcile employee rights maintenance towards arbitrariness administration to use its authority in the discipline on the one hand and considerations of the effectiveness of management as primarily responsible for ensuring the proper functioning of the facility General on the other hand, in order that the disciplinary system to play its role in that we have to be on according to the foundations of legal rules to ensure the safety procedures and the results and effects of the start of an administrative offense through referral, investigation, and the methods and means of proof and recommending legal and assigned procedures ... etc. this is known as (legitimacy of the disciplinary system), we have tried in this study to shed light on the legal cover, which represents the legitimacy of this regime and stand on the most important shortcomings or legislative ambiguity of Iraq in this area

Customary rules often represent a form of law, because they share with the rules of law the general characteristics that make them a legal rule if the legislator so desires, they are general abstract rules that regulate individual behavior in a binding manner, so custom is called unwritten law. Due to the effectiveness of custom in the life of the legal rule, it has great importance as it intervenes in formulating the idea of ​​the legal rule and thus creating it sometimes, and at other times its role in removing the ambiguity of the legal text when it is intended to be applied and implemented on the facts, and here it plays the role of revealing it. Therefore, custom is an important and influential factor in creating the legal rule and removing its ambiguity - that is, in the stages of its life.

Human security is not intended in any way to undermine the sovereignty of the state but on the contrary it is not possible to achieve only through effective state institutions and can trace the roots of the concept of human security in the Universal Declaration of Human Rights of 1948, as it focused on establishing some rules to ensure human rights and how to protect them and through which the achievement of human security was followed by then a number of initiatives, Ltd. put forward the idea that human security, but he did not have great resonance and influential role to put the concept on the agenda of international relations where first appeared psychology theory in 1966, a Canadian origin under individual security name followed after that at the beginning of the seventies a group of committees that conducted



in the preparation of numerous reports, including the group the Club of Rome, and the Independent Commission for International Development, and the Independent Commission on disarmament and security issues, as these committees confirmed in preparing their reports on the importance of achieving human security, as well as monitor the situation of individuals from all over the world from poverty and pollution and lack of job security in the workplace and then focus the problems of individuals.
But the real contribution to the emergence of this concept came through the Human Development Report 2004 issued by the United Nations Development Programme, which addressed, particularly in the second quarter from two important areas: The first is freedom from want, and the other is the freedom from fear, which was confirmed by the Secretary General of the United Nations Former Kofi Annan in his report of the United Nations, issued in 2000, entitled (we humans) where the report included human security from a broad perspective it includes human rights, good governance, access to education, health care and opportunities for each individual for the purpose of achieving his ambitions, all in order to reduce poverty and to achieve economic growth and suit the aspirations of human beings.
There are two approaches competing human security emerged through international practices in Japanese and Canadian initiatives first The vision, a Japanese wide, based on the original version, which had been approved by the United Nations Development Program and summed up with the words "freedom from want" human security almost is to ensure the basic needs of the human being and economic, health and food, social and environmental, which is reflected directly to the Commission on Human Security Report for the year 2003, and activities funded by the Japanese Fund for Human Security, which focused on trade, health care and education issues and fundamental freedoms as well as the study of conflict situations.
The Fund has paid attention to projects such as food security for farmers in East Timor or health security in Tajikistan, The second initiative, a Canadian it may see less extensive than the Japanese vision is more closely related to human security network and logo basic "freedom from fear", as it represents a human security mainly to get rid of the use of force, violence or the threat of them from people's daily lives.

The evolution in transport and communication has led to frequent trade exchanges and the growth of tourism, the impact that resulted in the movement of people between these countries to practice various aspects of activity, and this will reflect on the special relationships, and makes more than the law of racing rule involving the relationship on a foreign element, including the case of the attack on the right the person in the image.
It follows that it is entitled to victim to claim compensation for the damage it had suffered as a result of the attack on his right to his image, but his claim for compensation may encounter difficulties is to determine the law applicable to the relationship involving the law on foreign element, especially if dispersed elements located establishing the commitment in more than one country or in the case of raising the assault.
We have shown in this research proposed solutions to overcome these difficulties, the appropriate domestic law and the extent applicable in the case of Union citizenship aggrieved and the aggressor or place of residence.

Iraq was not the only country in the world that witnessed and is witnessing internal crises or conflicts. Most countries in modern and contemporary history witnessed crises and conflicts that reached the level of severity and violence to the level of civil war. The best evidence of this is what the United States of America witnessed in the 1860s - that is, after independence - of secession wars during the era of American President Abraham Lincoln, who was assassinated because of that internal crisis, in addition to other countries in Europe, Asia, and elsewhere.