Journal of Juridical and Political Science

This study deals with the application of the women's quota system in the Parliament of the Kurdistan Region of Iraq, and raises two important questions, the first: Does the application of the women's quota system in the Kurdistan Regional Parliament elections contribute to increasing the effectiveness of women and contribute to the preparation of political and legislative staff who can enter the parliament without the need to implement a Quota system for the future? The second: Is the women's quota system a temporary measure that can be dispensed with in the future? The study found that the approval of the Iraqi constitution in 2005 for the quota system for women in Article (49) has a prominent role in encouraging the Kurdistan Region to adopt it at a rate of 30%. The implementation contributed to increasing the effectiveness of women, as the number of women reached about 10 members out of a total 34 members in Parliament Kurdistan Region in the fourth session in 2013 without implementing the quota system. Meanwhile, the number reached 12 of the same total in the elections for the fifth session in 2018. This indicates that it is a temporary system that must be abolished once women are politically empowered.

Domestic violence is every act or omission from an act or threat with any of them, committed within the family, resulting in material or moral harm. That evidence has an important role in these crimes, and it is an effective tool in achieving justice. Equally, the accused is considered innocent if there is no evidence against him, and he will be released if the evidence weakens. And the subjectivity of proving domestic violence crimes is reflected in the nature of the occurrence of the crime. It often occurs inside the home and weakens or sometimes fails to find sufficient evidence for judgment, and that the proof for evidence of domestic violence crimes is not different from the evidence in proving other crimes. Self-evident stands out in the obstacles and difficulties related to filing a complaint or news and obtaining evidence due to the specificity of this type of crime, as well as legal barriers related to testimony, as one of the spouses is not a witness to the other, and the origin is not a witness to his branch or the branch is a witness to his origin, Unless he was accused of a crime against them, and thus the subjectivity becomes clear in proving this type of crime.

Transportation is the infrastructure of the national and global economy. It is imperative to ensure the safe movement of people and funds from one place to another. The penal law has affirmed in many penal provisions the guarantee of freedom of people’s movement and not preventing them from exercising the right to move. The reason we choose the subject of the research is due to the scarcity of research and criminal legal studies in this regard, as the issue is of practical importance due to the catastrophic effects resulting from it. The second topic is the pillars of the crime, and finally we discuss the punishment of this crime, and we stand at the transport violations stipulated in the Iraqi Penal Code.

Cyber security is one of the most important issues in our contemporary life by virtue of its direct relationship with all areas of public life, including politics, economy, security, culture, etc. Most countries of the world depend on it in their official and non-official institutions especially in their infrastructure. Thus, caring for it and avoiding its weaknesses is one of the security priorities of all countries. The cyber war represents the fifth generation of the contemporary wars and it is the most dangerous of which because of the great damage it causes to the infrastructure of any country and the consequent direct impact on the lives of citizens.
Iraq, especially since 2003 due to openness to the world and the development in the technical and information field, has become more vulnerable to cyber-attacks.

The Residential Slum Development Fund is one of the means that countries rely on for the purpose of countering the negative effects of residential slums. It directly contributes to the development of residential slums through its role in residential random rehabilitation and organizing it in a planned urban manner and providing basic services for residential slums as well as its role in Finding urban housing for slums that are not eligible for urban rehabilitation. Private banks contribute to facing residential slums through their role in providing financial support to the slum development fund in order to be able to fulfill the role entrusted to it in full. The goal of banks should not be limited to achieving profits, but it must perform its activities in a way that benefits the society from its social responsibility by employing part of its financial resources to achieve social goals and in accordance with laws and regulations that regulate the operations of private banks.

Elections in post-ethnic conflict countries have goals that they seek to achieve and limit the effects of violent extremism against an ethnically different one. Establishing the foundations for peaceful coexistence between social components, achieving political stability, and the peaceful rotation of power are the purposes of the electoral mechanism in countries that suffer from conflicts on ethnic grounds. The post-conflict phase needs new mechanisms to remove all causes of conflict or limit their effects, and in this case we need fair elections, independent administration and transparent mechanisms that limit the conflict of ethnic identities, sectarian polarizations and atonement. From all this the research aims to analyze the purposes of the elections and determine the most important ones to reach to the peaceful coexistence of social components to build sustainable peace in Iraq.

After the change, Iraq worked to follow the parliamentary system as a political system in government, and assigned public jobs according to structural distinction as a basis for political modernization in the system. Public policy-making was assigned to institutions that work according to their specialization stipulated in the provisions of the constitution and the internal regulations of government institutions, including the Ministry of Foreign Affairsin addition to some related institutions in the field of foreign policy making, but their making in Iraq faced a set of internal and external obstacles.

The commercial establishment or the commercial store, or the store is regarded as one of the means used in the Trade and Business Law. Despite the importance of this institution as the window through which the merchant can perform his activity and discharge the product of his work, as well as the rights related to it, and contrary to the position of some comparative legislation, we find that the Iraqi legislator in light of the rules established under the effective trade law No. 30 of 1984, has not undertaken provisions related to this establishment and its concept except for some general indications when explaining the provisions related to the trade name as in the text of Article (24 / second). It only stipulates that (It is not permissible to dispose of the trade name independently of the commercial shop). In spite of the unity of the commercial institution, it differs from legal or legal persons such as companies in that the commercial establishment is a facility owned by one or more persons that do not have a legal personality. I do not have an independent legal entity, and therefore I have a financial liability independent of the receivables of the owners it has. Despite that the commercial establishment is a moral and movable property having a financial value that can be disposed of in all kinds of legal dispositions such as selling, mortgaging and renting, and a share in the company can be offered. The issue of research in the commercial establishment raises the question of the presence of clients in it and their legal adaptation and the extent to which this element in the commercial organization can be considered as an element of financial value, which is what the study used to deal with.

Studies on protection of the elderly at the international level are among the modern topics to confront the aging of the world's population and come within the framework of states' fulfillment of their international obligations within the framework of international human rights law. Therefore, the right of older persons to protection has become a global, regional and national phenomenon that has taken and remains its place among the basic human rights of human beings. Attention is drawn to it and questions about it and what it is, and this coincided with the absence of legal libraries of writings on this subject, in addition to the absence of texts in the relevant international agreements that deal with this aspect clearly and explicitly, and if any, they do not rise to the place of protection required. This requires highlighting what international human rights covenants have stipulated in terms of the rights of the elderly, in order to enhance opportunities to ensure the full and effective participation of the elderly in economic, social, cultural and political life, especially in the absence of a comprehensive international agreement to protect their rights and the important gaps that resulted, not least of which is the absence of a binding, uniforming and universal reference in the light of which one can monitor and evaluate the extent of states ’commitment to their rights.

The study leave is one of the most important rights that a public employee enjoys. It is granted with the intention of enabling the employee to improve his cultural, scientific or professional level, especially if this improvement has a direct relationship to the duties and work of his administration. As the legislator was keen through it to improve the scientific or cultural level of the public employee in a way that would benefit the administrative apparatus. The study leave is no longer a scientific and administrative right enjoyed by the employee in general and the university service employee in particular, but has become a constitutional right by stipulating it in the body of the constitution. Accordingly, our research was directed to find out how the legislature regulates this constitutional right and to identify the most important obstacles that prevent it.

Corruption in the world is a well-known and widespread phenomenon, but the frequency of corruption is high in Iraq for several reasons, especially financial and administrative corruption. the aim of the research is to shed light on the role of this phenomenon in limiting the economy of Iraq after the year 2003. There are several reasons that cannot be limited to cases of financial and administrative corruption in Iraq. Broadly, however, we will seek to shed light on the role of this phenomenon, by introducing the concept, types and characteristics of corruption. The research dealt with an overview of the history of corruption in Iraq, and its social, political and economic effects. The research also dealt with the manifestations of corruption in legal terms, and ways to combat it by enacting constitutional legislation on corruption, depending on the success of the enactment of these legislation in these constitutions in some international countries And what has had a great role in reducing the phenomenon of corruption in all its forms and manifestations, the most important of which is financial. The research concluded with a set of results and recommendations.

Investment is today the most important method in developing countries. It is the basis for achieving development in their economic, social and political dimensions, which in turn give countries stability and well-being. The axis of investment and development as a right has now become the third generation of human. When referring to the shape and size of investments in Iraq after 2003, we find that the ways of progress are very weak in relation to the size of the wealth and available investment opportunities. This weakness and retreat is due to several determinants, the most important of which is the planning crisis, the multiplicity of legislation, the form of state administration and the shift towards administrative decentralization in addition to the most important determinant of administrative and financial corruption that had a great impact on Delaying the wheel of the country in general and investment in particular.

The change that took place in Iraq in (2003) and the political and armed conflicts that accompanied it, opened the door to a set of challenges and obstacles, making the House of Representatives an arena for these conflicts. It therefore suffeed from the slow pace of resolving laws that are central to the stability and future of Iraq on the political and economic levels. All social issues, such as the oil and gas law, the Federation Council law, and other important laws referred to in the Iraqi constitution of (2005), to be regulated by a law are among the obstacles that accompanied the legislative process. There is still the absence of a legislative policy that takes into account the priority laws that contributes to building State institutions and meet the desire of the individual and society.This absence is due to the preoccupation of the members of the legislative authority in a struggle to share political interests arising from participation in power, not in order to prepare for the building of a stable institutions state. Add to that the preoccupation of the members of the House of Representatives to meet the demands of their constituents and their absence from attending the sessions of the Council made them far from their main duty which is to legislate. The legislative process faced great challenges represented in the failure to properly implement the political consensus that Iraq adopted after 2003, which led to delaying the enactment of many laws, or the enactment of laws with special benefits for the political blocs participating in the political process at the expense of society. The lack of trust between the political blocs represented in the House of Representatives constitutes a major challenge in enacting laws that affect the lives and dignity of individuals. All these obstacles and challenges have led to the failure to enact laws that contribute to building a state of institutions that guarantee the rights and freedoms of individuals.

Homelessness is one of the social phenomena prevalent at the present time, and the prevalent at the present time ,and providing adequate legal protection at the international level for the human rights of the homeless is of importance, as the researcher sought to answer whether legal protection at the international level is sufficient for the rights, of displaced persons, adopted the study is based on the historical method descriptive-analytical approach in order to stand on the past and accurately describe and analyze the protection the of the displaced persons at international level and to indicate their rights that should be enjoyed .However this protection is not efforts still need to be made to mobilize political will and improve legal frameworks to prevent homelessness, Therefore, we suggest that more due diligence be done to protect people from homelessness by adopting homelessness-assisted laws and policies, which stipulate specific duties, it is entrusted to the relevant authorities .