Journal of Kufa legal and political science

Commercial books are one of the obligations imposed by the majority of the comparative commercial legislation on a merchant whose capital exceeds a certain quorum. This is what was followed by the Iraqi Trade Law, and since this interest by the legislations in the regulation of commercial books and make it proof of When a dispute occurs between two traders or between a merchant or another trader and the extent to which the merchant or other to exploit the restrictions contained in the commercial books and whether the trader can prove contrary to the restrictions contained in the commercial books, especially through evidence of indirect proof of evidence or recognition as well as right And whether the judge has the discretion to weigh between the restrictions contained in the business books and evidence . The research concluded that the Iraqi legislator in the law of proof dealt with the weighting situation between the restrictions contained in the commercial books and the testimony and did not address the indirect evidence of proof or evidence as well as the right

International peace and security are an essential part of the continuity of relations between states and in the search and review of regional and non-governmental international organizations. It is clear that their objectives are not very far from being based on international peace and security. In this regard, we will ask the following question: what is the role of these organizations in resolving disputes peacefully according to the rules of preventive diplomacy?
Preventive diplomacy derives its basis from a comprehensive and broad analysis based on three stages: a thorough understanding of the extent of the risks, the means of legal diplomatic action by each party and, finally, monitoring for or avoiding certain results. Therefore, when states and organizations move in their diplomacy in a preventive and legal manner, it must be based primarily on scientific research centers represented by planning bodies with a direct impact on the public policy of each country. Hence, preventive diplomacy is part of the context of international legal regulation to deal with international crises.

The local council is one of the elements of the decentralized( regional) administration, moreover the supervising of the central authority over the local council is an important element that do not contrast the council dependency. The observation should not be without a clear act ore code which defined its role and authority which differs from one country to another according to the political, economic and social conditions. However, central administrative control in Iraq is exercised implicitly and indirectly on the local councils, as well as the presence of local administrative control under regional decentralization, but it cannot compensate for central administrative control, because the objective of the control is to maintain the legitimacy of the work of local councils and maintain administrative unity Political process of the State. The reason for this is the contradiction in which the constitutional legislator exposed to when he confused the concept of administrative decentralization with political decentralization.

The issue of the overlap between religion and politics is as old as humanity itself, and we can say that the beginnings of this issue arose with the emergence of the first human societies, as the first leaders of those societies tried to mix what is religious with what is political, or they tried to invest religion in strengthening politics. With the increasing complexities of society, this relationship became complicated and became the subject of great study and debate, and it turned into a general phenomenon that prevails in most human societies, if not all of them.

Human rights violations in Iraq (as international unlawful acts) are borne by the subjects of international law (single or jointly), namely states, individuals and international organizations, to whom international responsibility is attributed. Attributing the unlawful act (violation) to the perpetrator is in accordance with the rules of international law in general and the rules of international humanitarian law and international human rights law in particular. There are international legal means to trigger (international responsibility), whether related to international criminal and non-criminal courts on the one hand or diplomatic means on the other.

There is no doubt that international relations are based on the principle of consensual. Satisfaction is expressed in these relations through treaties, which have become the first source of international law. On the basis of the principle of the relative effects of treaties, the State is committed only to the limits of its expressed satisfaction to accept certain obligations, like the situation in domestic law, complacency is fraught with some disadvantages that may be disrupted. Among these defects is the defect of duress. In expressing satisfaction in international treaties, the State may be subject to duress, which obliges it to sign and comply with what is contrary to Interests. The first type of duress, whether material or moral, is difficult to exist except in treaties in their simplified form, its mean those that do not need ratification until they become valid. The second type of duress, Which may be the responsibility of the State itself, has been codified in the Vienna Convention on the Law of Treaties of 1969, but the Vienna Convention only recognizes the duress of the use or threat of use of military force, and it considers such agreements invalid and ignores the kind of duress represented by political and economic pressures which may force, a state to sign treaties that go against its interests. The importance of this study is to shed light on this type of duress because of its importance in international relations, and to examine the legal effect of such treaties because of their multiplicity in international reality, whose victim in unequal international relations is often the developing countries

That today's publications in all States for the manufacture of law and political order.
And punitive laws as one of the laws applied within the state does not depart from the advanced framework is affected by the ruling political system within the state and different from the other laws in two axes:
First criminalization and punishment. These two aspects have a great impact on human life, considering the grave consequences of criminalization and punishment that may affect human life, freedom or money.
Second, penal laws are subject to the principle of penal legality, since there is no crime or punishment except by law, and this is what the Penal Code differs from other branches of law.
In this sense, the uniqueness of the political system within the state by enshrining the provisions of punitive laws in order to achieve its objectives or to fight its opponents causes a grave danger to the lives and freedoms of citizens.
In order to address this danger, the research was chosen on the subject of (the effect of the political system in the formation of punitive text - Iraq model) - as most of the political regimes, whether dictatorial or democratic, do not escalate and claim the use of punitive texts in order to achieve its objectives and impose the ideology that believes We tried to show how the political systems affect the punitive texts in a subject and then we address the impact of the political system in Iraq on the text of the Penal Code in force in the second section, preceded by the two chapters, followed by an end, They are conclusions and proposals

Before entering the study, it is worth noting that the State Consultative Council is the old name of the Iraqi State Council, which was mentioned in Article (101) of the Constitution of the year 2005, which states: "A Council of State may be established by law to deal with the functions of administrative judiciary, The State, and all other public bodies, before the courts, except what is excluded by law, Twelve years later, the State Council Law No. (71) Of 2017 promulgated, including eight articles. Article (1) stipulates that" The Council of State is concerned with the functions of administrative justice; an independent body with a moral personality shall be represented by the President of the Council. It shall chose by the Presidency of the Council to be among the advisers appointed by law. Article 2 of the Law stipulates that "The provisions of the Law of the State Consultative Council No. 65 of 1979 shall apply to The Council of State provided for in Article 1 of this Law shall be replaced by the name of the Council of State (the State Consultative Council) wherever it is mentioned in the legislations. The first two matters were the disqualification of the executive branch represented by the Ministry of Justice, , While p (1) of Article (3) of the Constitution stipulates that "the obligations and rights of the State Consultative Council shall be transferred to the Council of State established under this Law and shall be transferred to the Council of State by its courts, administration, Therefore, all of the above remains the same without any change except in the name and disconnection with the Ministry of Justice. We have committed ourselves to this law and passed through the same name mentioned in the above law.
The Iraqi Council of State consists of a number of bodies and a number of courts. The bodies are the General Assembly, the expanded body and the specialized bodies. It has three courts: the Administrative and Administrative Courts and the Supreme Administrative Court. Each has its own function and represents the jurisdiction of the State Council. , Which exercises two other competencies, namely, competence in the field of advisory opinion and in the area of legislation

Most of legislations agreed there is a disciplinary system that contains disciplinary penalties to organize the relationship between the university professor and the institutions of private higher education. However, the private Higher Education Law No. (25) of 2016 does not have legal penalties if the university professor violates his duties. This was done according to the Ministry of Higher Education and Scientific Research laws, and the Ministry did not specify a legal system to hold university professors accountable, but rather treated the professor as an employee in terms of the necessity of subjecting him to the employees of the State and Public-Sector Disciplinary Law No. 14 of 1991 (modified).
There are many reasons behind selecting this topic: the scarceness of statutory research, the lack of resources that dealt with this topic, and the necessity of existence a disciplinary System for the professors that showing their duties and punishments which commensurate with their scientific status.
We divided this research into three sections, the first section is the concept of disciplinary penalties, the second section is the competent authority to impose disciplinary sanctions on teachers and professors are working in the institutions of private higher education, and in third section we show the disciplinary sanctions imposed on teachers and professors who are working in institutions of private higher education. Then we state the most important results and suggestions.

Adoption is a legal act by which a family relation is created between both parts the adopted and the adopter. The aim of adoption system is to give the adopted child the same privileges given to the legal child. Many of the foreign countries encourage this system. The adoption is one of the personal status affairs submitted to the personal status law but it causes some jurisprudential debates on the law that governs the adopted child’s growth.

The literature of human rights focus on the need of individuals to means for exercising their rights and freedom. Among those means, the obtaining of information that in possession of government agencies on the grounds that the significance of human rights is not limited to the physical nature of the body, but rather to the metaphysical nature of the soul.
Between the rights of individuals to obtain such information on the one hand, and the tenacity of those agencies by blocking it for the necessities of government act on the other hand, this article examines the possibility of coexistence or dissonance between these two opposites. In addition, it determines the area of the right of both parties, by answering the questions concerning the nature of such information, its relationship to the exercise of public rights and freedoms, and the crystallization of access to information as a right itself or subject to other rights. Moreover, the article examines the international standards, which can be relied upon to determine the amount of disclosure or blocking of such information.

The legislation of the inherent jurisdiction of the legislative authority and important task of the implementation of laws of the inherent jurisdiction of the executive branch but may be contained an exception to the jurisdiction of the executive branch, where have an active role in legislative work, but sometimes the legislation on this role depends, as in the legislative work of the Iraqi parliament in astray the Constitution of the Republic of Iraq for the year 2005 where Parliament can not enact a law unless the bill in advance of the executive and thus its role is much bigger than the role of the legislative authority in the area of legislation and this trend was supported by the Federal Supreme Court in Iraq in a series of decisions as to their role in the ratification of the draft laws approved by the Parliament of great significance until the project finally become law and the role of the executive authority delegated to issue regulations, which has become an important thing after the development that took place in the political, economic and social life

The present study aims to identify for the reasons of transformation and change in the political discourse of contemporary Iraqi political currents. The study supposes that the political discourse of these currents is variable and non-static and the dispute and competition are the impact factor in this change. In order to prove this hypothesis, the research bases on the study of the reality and the political discourse of Iraqi political currents "especially the Arab ones" on the period of time (2010-2018). The analysis in this study is based on the following basic criteria: 1 - Political and social conditions that impose on political currents to modify their political discourse "modification of form and identity". 2- The form of political parties and alliances in each time and electoral period. 3- The role of religion in the political discourse of Iraqi political currents as a motive factor of political dispute.

Human rights apply to all human beings, simply because they are human beings, but a group of people face difficulties in their quest to enjoy these rights, related to what God created them to be, and the most prominent of these groups are the indigenous peoples, who face serious challenges, related first to their difference from the rest of the people, so the indigenous peoples were and still are among the groups that were exposed to exclusion and marginalization more than others, even though they are the original owners of the land even before the emergence of the countries in which they live.

If the general rule is that the legislature can legislate in all fields in accordance with the provisions of the Constitution, Legislation is the basic function of the legislative authority, but it is not unique to this position, as have executive authority- in accordance with the provisions of the Constitution,-to make bills because of the growing and fast and successive needs that require the organization and management of public utilities and satisfying the needs of the individuals gave the constitutional legislator in various comparative legal systems the right executive authority to issue general and abstract legal regulations are similar to legislation in the framework of the limits and controls a specific response to the growing needs and to may require availability the opportunity to participate by the executive authority to issue those regulations similar to the law.
Iraqi cabinet, is the executive effective instrument under Iraqi parliamentary system, was mandated by doing many of the tasks and functions involved in the implementation and administration ,Perhaps the most important is design and planning and implementation of public policy of the state, so that legislative jurisdiction of the cabinet is one of the main means used by the Council to perform his duties, the research try to clarify the most important features of this jurisdiction, and to highlight the constitutional scope, and display positive and negative aspects that accompanied the constitutional regulation of the jurisdiction, and the most important controls that comply with them

Despite the absence of legal regulation for the alternative medicine treatment in Iraq and its confinement to regulations in one of departments of alternative medicine which is selling of medicinal herbs, there are other activities of alternative medicine which have not regulated by the legislator as cupping (alhadjamh), bee sting therapy, Chinese acupuncture and so forth. Hence this study has come to show a legal aspect highlighting the impact resulted from the breach of alternative medicine practitioner for ensuring safety of the ill person which will consequently result in the establishment of the civil responsibility against the alternative medicine practitioner and emergence of the right for the injured person to obtain compensation. The study has specialized to application of the general rules of civil responsibility concerning non-commitment of alternative medicine practitioner to safety ensuring in the light of judicial judgments and juristic views for responsibility of those with professions, especially medicine professionals for physical damages caused by them. The study shows the nature of civil responsibility arising from this non-commitment , what extent in which alternative medicine practitioner can be asked, what compensation the injured person deserves from physical damage and what the impact of the foreign reason on the responsibility of alternative medicine practitioner, possibility of an exemption or mitigation of this responsibility in agreement with the other injured contractor and possibility to conceive the idea of ensuring from civil liability.