Journal of Kufa legal and political science

The right to nationality is one of the most important rights, if not the most important of all. Through it, a person acquires the legitimacy of his belonging, through it his legal status is determined, and from its legal value he acquires his value in the international community.

If the authority of the administration to issue the implementation regulations of the laws issued by the parliament is a necessary necessity, necessitated by practical and technical reasons, to achieve the principle of complementarity and cooperation between the authorities, and to facilitate the implementation of the laws, but the possibility of deviation of the administration of this authority is contained and exceeded the limits set by the legislator, This competence, which may reach its limits to the extent that the laws passed by the parliament, the representative of the public will, is inconsistent with the principle of the legislative hierarchy according to the expression of the jurist (Kalsen), which contradicts the justification for granting this jurisdiction to the administration.

When the cause of the penal sentence is an effective guarantor of the safety of the government on the one hand, and the protection of the right of the adversaries to the defense on the other, it is necessary for its safety to be flawed. Reasoning should not be absent whether the absence is apparent by not including any reasons that justify the penal judgment or hidden contradiction Among the reasons laid down by the judge in order to justify his ruling, moreover, are not deficient due to lack of adequate presentation of the data, ambiguity and ambiguities that may surround the process of causation, thus losing the ability and effectiveness to perform its functions. Moreover, the causality of lack and failure should not be accompanied by corruption. In Wallace Dalal as it should be based mentality and logical links between the Causation and the result, and causation leads to the conclusion that it was built according to mental contexts, lack balance result with Causation in terms of the logic of corruption in stigmatize Causation reasoning.

Some international conventions contribute to the creation of objective rules aimed at direct resolution of the dispute and the formulation of substantive rules that apply directly to relations in the field of international trade. Between traders and businessmen in their international transactions, the agreements are the nucleus of the law of traders and the distinct role they play for international trade contracts

The comprehensive Iran nuclear agreement, officially known as the Joint Comprehensive Plan of Action (JCPOA) that was reached between Iran and the (5+1) group is a significant step to solve the existing crisis among the agreement parties. This paper tries to determine the political, economic and security motivations behind Iran’s reviving its nuclear program after the war with Iraq and the open policy Iran performed in the 1990s starting with the presidency of Hashimi Rafsanjani, and that continued with the presidency of his reformist follower Muhammed Khatimi. The policies of these two presidents contributed in bringing Iran closer to the international community despite the caveats of such policies. The paper discusses the comprehensive agreement, highlighting the most important clauses for the Iranians and for the European and American side. The paper defines the role of the administration of the American president Barack Obama in reaching this agreement as well as the future of the agreement after the declaration of the current American president Donald Trump the withdrawal from the deal on May eighth 2018. The paper also explores the American view of the agreement after the Iranian reactions (and the regional and international attitudes to the American withdrawal from the nuclear agreement

Dealing with proof (National or International) , means dealing with the most important part of the legal procedures, because it is considered as a main base to establish Justice; the existence of its method is not enough to issue the sentence, it requires the excutives to do accurate analyses for the details of the claim, and to examine the behaviors of the perpetrators of the crime, for instance, many innocent peaple are convicted of commiting the crime . It is noticeable that the Rules of procedure and evidence of the International Criminal Courts are made by their own judges in accordance with their Statutes , that they were established on the basis of widely agreed and recognized procedural systems.

In recent years, the world has been witnessing new types of methods and means of warfare that have developed advanced technology programs used for military purposes called Cyber Space, an electronic digital domain extending the various communications lines of metal, light and air and its channels on the Internet. Which is a challenge for international law specialists to subject these attacks to the rules of international law.
These attacks target civilian infrastructure and objects, including those with dangerous forces that have been protected by international law because they cause serious harm to civilians and the surrounding environment. Without any real or physical confrontation with the adversary, which requires the prevention of the violation of international law through such attacks, through the activation of international responsibility in the event of a violation of the rule of the rule of international law.

Compensation for the damages that a child caused is taken from his own money alone. In the Iraqi civil law, the child, is a fully responsible, original default, for the compensation for the damages he caused. The victim( damaged) can refer the child directly in case of having the default responsibility elements, or indirectly by referring the guardian or the custodian of the child, if he does not do his duty correctly and he cannot neglect the responsibility, so the victim will have the right to claim compensation for the damages caused by the child. This comes from the law interest in protecting the victim rights in front of the inability of the person who perpetrated the harming action to pay the compensation, with the increase of the damages perpetrated by the children due to the increase of the individual activity, in general, and of the children in particular. It requires a legal protection for the individuals and their money, and limiting, as possible, the problems resulting from the child responsibility. Law provides this protection by allowing the victim to refer the custodian as a responsible for the child and his action so as to motivate him to pay attention to the child and on another hand, to maintain the custodian right to refer the child money.

The source of restrictions of the legislative authority is the Constituent authority that establishes the constitution, which is the supreme law that defines the system of government in the state the Constituent authority is exercised by the nation, directly or indirectly because it have sovereignty in the state. the authorities in any government splitting into three, the legislative, executive and judiciary.. The legislative authority is the authority that has the right to issue binding general rules governing the actions of people within the state’s entity, but it is constrained by constitutional constraints that it cannot depart from or violate. the legislative authority are committed by the provisions of the constitution, and that is one of the restrictions. the restricting of the state’s authority is the authority be defined by the constitution and bound by the same constitutional restrictions, by protecting the constitution itself and preserve the general rights and freedoms of individuals. Consequently, the restriction of the legislative authority must be positive, that is, it does not limit its authority only, but the restriction must be able to make the authority can preserved public rights and freedoms. the commitment of the constitutional authorities and institutions to the provisions of the Constitution of the Republic of Iraq for the year 2005 and activating the procedures included in the constitutional provisions and not neglecting them and following the methods set by the constitution, because of its great importance in applying the principle of restricting the authority of the state and its protection.
it will adopt the inductive approach based on an analysis of the constitutional provisions of the Constitution of the Republic of Iraq in 2005 and other constitutions (the Constitution of the United States of America and the Egyptian Constitution of 2014).
finally, the conclusion has been included the important results and recommendations that reached during study of this topic..

The good faith required by various laws to make use of the amount of suspicious financial operations is a fundamental constraint on the legal obligation to perform the duty, which is to target the amount to achieve the purpose for which the law required reporting and to assist the public authorities in detecting financial operations suspected of financing terrorism, The majority of the public authority can easily stand for it. For this reason, most of the comparative laws and in accordance with the general rules determine exemption from criminal or disciplinary liability and civil liability. When reporting the acceleration and non-reserve, Is not enough to do criminal responsibility for the crime of false communication, it does not prevent the civil liability of the availability of error of serious positive to compensate for the damage, and then the State is obliged to compensate the damage resulting from the responsibility of financial institutions in reporting financial transactions suspected of financing terrorism in the case of exemption from criminal and civil

The election process has evolved and its systems and laws have diversified according to the concepts of democracy and human rights principle .the electoral system varies from one country to another due to several consideration concerning the nature of the state, the political and constitutional system and the group of political ,economic and social transformation that the state undergoes. In I raq , there have been many electoral system since the establish ment of the Iraq state until the present. H0wever ,there has been remarkable development in the electoral system after 2003 and the subsequent changes in the political system and the issuance of electoral law and the holding of election , according to electoral system applied in Iraq . advantages and disadvantages these laws have been recognize and tried by the Iraq legislator through making legal amendments to avoid those negatives and problems that accompanied the electoral process during the previous periods on how to distribute parliamentary seats among the components of the Iraq people. Achieves the desired objectives of the enactment of electoral laws and realization of the principles of justice and democracy affirmed by the Constitution of the Republic of Iraq in 2005 on guaranteeing the rights and freedoms of the people of all sects and components.

The teachings of all religions, especially Islamic teachings, have emphasized the importance of repentance, which means turning away from crime and sin. This valuable moral behavior in Islamic thought includes two aspects: the first is individual and moral, which is outside the subject of our research in this article, and the second is social and judicial, which is the focus of our research. This article seeks, through a general reference to the legal dimensions of repentance, to investigate the possibility of investing in repentance in order to rehabilitate criminals socially and prevent them from returning to committing crimes. We will examine the conditions under which repentance leads to dropping or reducing the penalty, and how a ruling to drop the penalty instead of implementing it helps in the social rehabilitation of criminals. The article criticizes the limitation of the scope of benefiting from repentance to the circle of dropping or reducing the penalty and suggests transforming repentance into an institution that includes organized bodies that can be invested in to become an appropriate approach to rehabilitating criminals and contributing to reducing the crime rate. One of the most important reasons why judges do not use alternatives to imprisonment is due to their lack of confidence in rehabilitation and reform programmes. Accordingly, the existence of this institution (repentance) leads to the development of the field of dispensing with judicial procedures and penalties at various stages, and leads to reducing the burden on the judicial institution.

If the origin is in accordance with the general theory of constitutional law, that the text remains in force until it is amended or repealed by another text of equal value, in accordance with the procedures set out in the body of the Constitution itself, the will of the constituent authority often requires that some of these constitutional texts have attributes Procedurally, in the foreground of these characteristics, it is a combination of time limits that impose restrictions on the public authorities to comply with them, because of the ills, judgment and purposes intended by that authority, otherwise the work issued by it would be tainted by illegality.
The fact that the expiry of the term and the fact that the will of the public authorities remains to meet the obligations set forth in the texts does not affect the mandatory provisions or the validity of the period of its validity as a regulatory matter. Periods shall result in the termination of the rights prescribed therein, as this represents stability and protection of rights, which are the very objectives of the Constituent Authority.

Committee of integrity is considered as one of the constitutionally dependent committees that has been subjected to the supervision of Iraqi parliament . This committee is endorsed according Republic of Iraq constitution item(102) (2005).
The top priority of this committee is the contribution in the extermination of corruption in all sides of the regime administrative affairs , granted clear transparency as well as investigating all the suspected corruptions issues , this process is achieved by professional lawful investigator under the auspices of specified interrogation judge according to the current legal codes , court and penal fundamentals , the legislation of the committee NO. (30)(2011).In addition, the committee has the legal right to go after any corruption cases that is not being maintained by the legal personnel of the committee via their lawful representatives being authorised by permission issued from the head of the committee. The committee of integrity has a range of legal rights and responsibilities through which many corruption issues is being checked or held back for clearance of verdicts and decisions being declared in many cases

The crime of trafficking in human organs is amongst the gravest acts prejudicing the sanctity of human body. So, the Iraqi legislator intervened in this domain to provide the required protection to this sanctity according to the international conventions. This study deals with the crime of trafficking in human organs in accordance to act No. 11 of 2016. In this sense, the idea of study on this subject to show the effectiveness of this act of the consecration of the criminal protection of human organs. In order to reach to any extent the Iraqi legislator successfully criminalized the crime of trafficking in human organs in a method commensurate with the international character of this crime. From the analysis of these legal texts we can conclude that Iraqi legislator has set the legal frame needed to fight this grave phenomenon and be protected there from, and it prohibits having the human body a subject of agreement, except if this is for the purpose of its safety and protection. Finally, the findings and recommendations at the end of the study based on what the researcher deem necessary to contribute to the combat against this crime and the prosecution of offenders.

This research deals with the basis of the idea of solidarity social economy within a legal framework, based on the position of the Constitution of the Republic of Iraq for 2005 and the Social Security Law. Focusing on reviewing the various aspects of the legal basis of the social solidarity economy and focusing on the position of the Iraqi legislator.

The disappearance of the status of the opponent in the appeal against the judgment leads to the transfer of this right to his successor, whether he is a public or private successor. Such demise may occur as a result of his death or his behavior with the right to protection (as sale) during the time of appeal or during the contest , And the transfer of the right to appeal may be made by the plaintiff or by the defendant, but this transfer requires the provision of certain conditions, and the right of appeal by the successor, varies between whether the successor was one person or was multiple caliphs because the matter Requires a distinction between whether or not an appeal is subject to division.

The authority of the administration in amending the administrative contract stems from the necessity of running the public facility for which the contract was concluded - regularly and continuously, and the administration has broad powers during the implementation of these contracts, including modifying the contract by individual will, but this authority is not absolute but is restricted by the controls that the administration has to When using this authority, and highlight the importance of research in practice when new circumstances arise that require the intervention of the administration to modify the contract concluded in keeping with these circumstances in order to achieve the common interest, that the indifference to the will of the contractor and the sole management with the authority to modify and exceed the limits of these The authorities sometimes have the effect on the interests of the contractor, representing the problem of research and we relied in our research on the method of analytical and comparative approach, and we reached a number of results and recommendations mentioned in the conclusion of the research.

The legal representation is an assignment of another person to stand or act as himself before the competent court.
The legal representation in addition of being contract binding both sides, and contracts based on personal consideration and several views where said in the legal representation, but the superior opinion is likely to be it is a special legal representation.
The legal representation is part of the authorities of specified representation and it is itself divided into three categories: general representation and specified representation and legal representation.
The opponent is committed to his agent with a number of obligations including: The obligation of the legal representative to implementation of the commitment and the obligation of the legal representative to inform his client on the stage the lawsuit reached.
It also imposes on the client a number of obligations including: the obligation to pay wages and the obligation to return expenses that incurred by the legal representative in the implementation of the legal representation.