Journal of Kufa legal and political science

The purpose of this study is to examine the principle of the legality of crimes and punishments and to formulate them in a precise manner to ensure that any act or determination of any penalty is not criminalized by the legislative authority in view of the danger of criminalization and punishment for the rights and freedoms of individuals. This principle follows other principles relating to the law of the accused, As well as other rules relating to the application of criminal law in place as a manifestation of State sovereignty over its territory. With a view to identifying the legal gaps that are prejudicial to justice and finding legal solutions that are fair in the light of the Constitution and the standards of justice.

The resorting of using drones for a military and intelligence purposes in armed conflicts, has become a controversial jurisprudence for the international humanitarian law jurists, about what legal rule to be applied on this new weapon technology.
does customary or treaty international humanitarian law rules, courts decisions and diligence arising from, opinions of major jurists in international law, which represent an essential reserve source for international rules, would be able to control the increasing use of this modern technolog?
In case of missing a proper law rule for a certain research and discussion case, how can we adjust the serious violations that caused by drones? And how we can chase the perpetrators according to the individual criminal liability? All of these points will be mentioned as it follow in this study.
The importance of this study was included in two sections :
First section: Opinions of jurists.
Second section : Diligence jurisprudence related to the serious violations of drones.
Conclusions of this study:
Using of drones without taking any precautions considered as a crime against humanity, based on the international criminal court, and the individual criminal liability should be rise against those who planned and commit to using it on civilians, including the high-rated leaders in governmet.

The Citation is one of the most important restrictions imposed by international conventions and national legislations on author's financial right, . Those legislations give public right to literal copy from the work without author’s consent and without payment, as a result of the use of these works , And The Citation is a state of necessity for science and a basis for building knowledge, but it entails a lot of risks, so the phenomenon of copy from works Should by regulated in order to preserve the copyright owner of the work quoted from it, to have any legitimate the citation there should be standards to ensure that, The and objective condition should be available to assign The limits between legal Citation that support certain opinion and illegal one the objects law , As these conditions are characterized as the means that contribute to the legalization of the process of transfer or quote from published works in order to strive for the achievement of innovation and progress in the arts, science and literature and through the use of works of others and not to launch the quotation to the extent that can be used the whole creative idea of the author's work From which quotation is illegitimate because it leads to competing author illegal competition.

The idea of disusing the extent of the possibility of the participation of the moral person in the companies of persons is summarized by reviewing the position of the Iraqi legislation and the comparative legislations on the subject of the participation of moral persons whether it is another company in situation or association or a sports club and the difference of Jurisprudence on the subject of participation and the most important argument and justifications presented in connection with this and During research it is no longer a personal consideration of partners and responsibility a good reason to prevent the legal person from participating in this type of companies in front the arguments put forward by the trend in favor of the by common theme in this type of companies as the general trend is going to reduce personal considering in the companies of people something considering that the company not only a legal object but the time Itself is an economic unit that has placed its importance on the process of economic development therefore the study considered the emphasis on the incitation of the participation of the companies of persons and call for the amendment of article (6) Of the companies act in force and article 15 of the law of public companies with propel legal direction.

Parliament is one of the three authorities in the state. In the present era, Parliament is one of the elements of the democratic system and its most prominent indicators. Countries, whether foreign or Arab, still look at Parliament with suspicion. The reason for this is that Parliament, with its presidency and membership, is the supervisor of the work of the executive authority. Likewise, the government cannot exercise its work unless it obtains the confidence and support of Parliament. Especially in Iraq, the forms appear more clear due to the parliamentary experience going through two stages. The first, in the republican era, i.e. before 2003, because Parliament was only one of the state institutions and could not deviate from the directives and instructions of the President of the State. The legislation issued by Parliament was not merely the implementation of legislation issued by the government. All it had to do was support and endorse the program of the executive authority, i.e. the government. After 2003, the parliamentary system in Iraq witnessed a major transformation, as the parliamentary system was practiced in all its forms through the freedoms that were granted to the people. Parliament practiced the hoped-for legislative work during the first years, but this role declined due to influences, especially political ones, on its work, and political considerations dominated its work. Especially the interference in the nomination of members of the Presidency of the House of Representatives and the selection of the body that constitutes the membership of the Permanent Bureau of Parliament, which negatively affects the performance of its work. The general rule is that each House of Representatives has a president who represents it, supervises all its work, and monitors the implementation of the constitution and its internal regulations. Although the constitutions differ in how the Speaker of Parliament is chosen, and by observing the constitutional texts, we find that they did not follow a single method in naming members of the Permanent Bureau (the Speaker of the House of Representatives and his deputies), through this research we will explain how the Speaker of the House of Representatives assumes his position.

The contract is an agreement of two wills to bring about a legal effect, and the administrative contracts are not different from the civil contracts. The administrative contract requires the consent of two wills, that is, this will must be reconciled with the will of the other party. This is known as the principle of "power of will" , And this principle results from the rule of the contract of the law of contracting, which states that a party shall not resign without the consent of the other party to independence, whether by amendment or termination, but the administration according to the characteristic of the administrative contract which aims at the operation of the general annex may be modified in the event that the facility So As a result, administrative contracts have emerged in administrative contracts (the Administrative Contract of the General Facility Law.

Customary rule is considered one of the resources of the public international law according to article No. (38) of the basic regulation of the International court of Justice. To be applied on the dispute, the judge needs the help of the two parties of the dispute to prove this rule as he cannot be aware of all of the unwritten legal rules especially the rules concerning a dispute among a number of countries or states. Hence, the evidence and proves appears as means to prove a country recurrent behavior so as to prove the customary rule, while the legal or judiciary evidences are considered as indirect means of proving.
So it became clear that the evidence or the proof are used to prove the material, rather than the moral, element, because the moral element represent the essence of the customary rule and it is the result of recurrence. As it represent the legal rule, it could not be a way of proving because a law could not be proved by a law.

The contribution of the State Council in the legislative drafting is one of the most important issues which is the unification of legal terminology in the State, which in turn will positively affect the creation of a harmonious and harmonious legal environment. The Council of State is the official and competent authority in the preparation and drafting of subsidiary legislations. Is distinguished in building the texts of the subsidiary legislations because it is the judge of public administration, and the body charged with determining the compatibility of the subsidiary legislations issued by the administration with the legal texts in force in the state. This contributes to the creation of legal security in the state. Instructions issued by the public administration, especially if we know that this legislation a direct impact on the rights and freedoms of individuals, The danger of this legislation is that it is enacted outside the eyes of the body that is competent in the legislation, which is represented by the general will and without going through the prescribed stages of ordinary laws.

Interest in international commercial arbitration, through its reliance on recourse to legal assistance in recent cases, scrutiny of issues related to judicial projects and the stimulation of relations, has attracted traders in international trade. In addition to the above, the alliances, in that it may actually be made him superior to the rest of the means. However, there is a need for transparency to support openness in arbitration. This requires answering the question. There are different opinions in this regard. Is the obligation of confidentiality in international commercial arbitration dominates all stages of the conflict from the moment it arose under international law for arbitration by the Commission Arbitration, or its scope is limited to a particular element that is covered by confidentiality, such as arbitration, to name a few.

The study tackled the history of the Russian-Gulf relations, where history is the biggest obstacle to the normalization of relations between them. Like Russia's suspicion of any possibility of rapprochement between the Gulf States and the former Soviet republics, In addition, the tension between the United States and Russia, as the relationship between the two parties was not a normal day, because of the lack of suspicion and lack of confidence. The reason for this concern was that both sides contributed to it. The Gulf policies based on doctrinal principles played a major role in the tension of the already strained relations, which led to the rupture between the Gulf States and Russia. From the political point of view, the GCC is the most important gateway for Russia to the Arab and Islamic worlds. For its part, the Gulf States need Russian political influence. The Gulf States can use Russian influence to balance their relations with international powers such as the United States and the European Union, or the regional powers such as Iran and India. The economic side of Russia today is targeted and threatened by Western expansion, both through economic expansion through the EU or military expansion through NATO. It needs the Gulf States as much as the Gulf States need them. Russia will benefit from cooperation with the Gulf States in the oil sector, which is an economic and strategic base for the Gulf States. Which means that these countries affect the economic and strategic directly. The Russian-GCC cooperation in the oil sector goes beyond the economic space and will have strategic benefits. As well as the defense industry is another important meeting point, so the research came to address the political and strategic challenges and risks faced by Russia and the Gulf Cooperation Council and how the two sides exceeded the past and the obstacles of the present and religious dilemmas and cultural barriers.

One of the most important guarantees for the staff is (The right litigation) , known as the judicial oversight .The judicial oversight is one of the most important types of monitoring business management .Especially against disciplinary decisions , because it protects the staff from arbitrariness management , by subjecting the administration of law , Through decisions issued or the procedures by followed in exchange for department sought to achieve job discipline , through imposition disciplinary penalties of the offending employee had to be the availability effective safeguards , for ensure respect for employee right management . The Iraqi legislator systems disciplinary sentences in the law of discipline officials of state & sector no.14 year 1991 amended , under the label (The sanctions disciplinary) . The Court Judgeship of the staff on important legal institutions & reference for stabbing in decisions regarding employee .as well as the possibility of employee stabbing discrimination in provisions the court Judgeship of the staff the related by sanctions disciplinary . front the court administrative supreme & exercising powers of discrimination court when the stabbing in judgments the court justice of the staff by the sanctions disciplinary the court administrative supreme & the court justice of the staff one of bodies in council state in Iraq , developed under the fifth amendment for law council state no.17 year 2013 amended . The jurisdiction discriminatory one of the most important terms of reference that was the prerogative of public body & the court administrative supreme , however this new legal architecture , coupled with difficulties & obstacles , Reduces the work of this work of this court , the breach of this new construction .Perhaps the most important of these difficulties is lack of independence in terms of procedure & the reference , about that granted for the court of discrimination . So that important looks the stabbing in the sanctions disciplinary in the court administration on the one hand , on the other hand it's a means to assess business management & audited in terms of conformity with the principle of legality.

The control of public money is a priority of the modern state, because of changes in the administrative systems of countries, including Iraq, which saw after 2003 a major change in the administrative system left more effects on the mechanism of the distribution of powers between the Center and the provinces and regions, including financial jurisdiction in this research, The role of the Financial Control Bureau, which has original jurisdiction over oversight, as well as the Integrity Commission, which is considered to be the most recent in Iraq since it was established under the CPA Order and adopted by the 2005 Constitution as an independent body exercising supervisory authority to protect public funds from losses.

The right to the environment has become a component of the modern human rights system, which is indispensable in any legal organization, whether in the constitution or legislation, as it has become a fundamental right. The term "environment" is characterized by broad and renewable flexibility. Despite its recent appearance, it has developed remarkably. Which the legislator must consider in the drafting of texts regulating its protection powers. The authority of the administration shall be the means or methods granted by the law to the administrative bodies for the protection of the environment. These means shall either be preventive and in turn vary in exceptional circumstances from exceptional circumstances or remedial after the attack. On the environment to reduce the effects of abuse or not to repeat it.

The commission of the crime of inciting sectarian strife has special consequences that fall within the legal aspect, and are represented in imposing punishment on its perpetrators, as it is one of the serious terrorist crimes according to the Iraqi Anti-Terrorism Law No. 13 of 2005, as it threatens important interests that the legislator seeks to protect, represented by weakening national unity, threatening the internal security of the state, and inciting strife is forbidden and criminalized in Islamic law, and it was also criminalized by Iraqi legislation that preceded the enforcement of the Iraqi Penal Code No. 111 of 1969, as amended, as this crime took its place within the provisions of this law, as one of the crimes affecting the internal security of the state. The search for the legal penalties imposed by the Iraqi legislator on the perpetrators of this crime as a serious terrorist crime made us adopt the descriptive analytical approach, to clarify the nature of those penalties, whether they are original, secondary, complementary, or precautionary measures, in addition to the legal excuses and judicial circumstances, with directing criticism to the shortcomings and deficiencies in Iraqi legislation, while following the comparative approach with Islamic law And citing the Iraqi judicial rulings related to the research topic in a comparative systematic manner. By examining those rulings in the Penal Code and the Anti-Terrorism Law and in the three sections that make up this research.

The growing trend of cross-border criminality is one of the worrisome phenomena of our modern age .Indeed ,the increasing expansion and sophistication of the means of communication and transition would increase the rate of crimes committed by nationals of the State beyond its borders , placing in their hands the means to help bring out their evil tendencies to come into force ,and then help them to hide their features and thwart efforts to detect and combat…Finally ,they are given the opportunity to find safe haven in other countries as quickly as they would like , To mislead the investigation or refer it to difficult tasks