Journal Of the College of law /Al-Nahrain University

Despite the legislative agreement between criminal legislation on some of the penalties contained in penal laws, they differed to some extent in the type of punishment imposed for the same act that is the subject of the crime, as the type of punishment varied between comparative legislation, which is reflected in the amount of penalties prescribed for the same crime. Therefore, Although the phrase “perpetual imprisonment” in life imprisonment may suggest keeping the convict in the penal institution for the rest of his life, as in Egyptian legislation, it is a temporary punishment in some legislation, such as Iraqi legislation, as it means keeping the convict in the penal institution for a period not exceeding (20) years, and this is what There is a discrepancy in the type of punishment between the two legislations, as well as a discrepancy in some penalties between Iraqi legislation and comparative legislation, such as the penalty of work for public benefit, the electronic bracelet, community service, and other penalties, and this discrepancy would be reflected in the imbalance in the amount of the criminal penalty in the balance of the criminal base in relation to the comparative legislation that differed. In the type of punishment prescribed for the same crime, which in turn will be reflected in the lack of criminal deterrence, both general and specific, for the state that did not take into account proportionality in the criminal rule.

Due to the importance of international relations in the economic aspects, the financial aspect emerged in dealing, and one of the most important systems that formed a restructure in the structure of imposing economic sanctions is the aspect of payments through the international financial transfer system "SWIFT". To demonstrate the working mechanisms of the international transfer system, then he concluded to identify the most important challenges to the penalties of the international payments system SWIFT in international relations and the consequences thereof with reference to applied examples, to reach the most important results and recommendations

The amnesty from the tax penalty relates to crimes prior to its issuance, and if it is issued before the tax criminal case is filed, it is prevented from filing it, and if it is issued after its filing, it prevents proceeding in its procedures, and the tax amnesty does not have any significant effect, The tax penalty against the convicted taxpayer, and the tax amnesty erases all tax penalties and does not preclude the implementation of a penalty imposed on the taxpayer who committed another crime not covered by the tax amnesty, The tax amnesty also affects the two parties to the tax dispute, as it provides the state’s public treasury with a tax proceeds that could have been obtained By the state, were it not for the taxpayer\'s refusal to pay the tax. The tax amnesty affects the taxpayer who is exempted from punishment, so the amnesty allows him to reintegrate him into the tax society and settle his position with the financial authority and rid him of a tax penalty that was a barrier to moving on his right path, and that the tax amnesty generates a feeling of tax unfairness to others and those who pay the tax legally and without evade.

Transitional justice is one of the most important requirements for general reform that societies of countries in transition aspire to following a period of widespread violations of human rights and freedoms, as a result of internal armed conflicts or as a result of the inhumane practices of an oppressive authoritarian regime. The importance of transitional justice stems from the fact that it represents a mechanism to confront and address the legacy of those grave humanitarian violations that occurred in the past and had a significant impact on human life and dignity, by relying on a set of judicial and non-judicial mechanisms and procedures, in order to establish peace, security and stability, and establish democracy and strengthen The rule of law, ensuring that perpetrators do not escape punishment, and preventing the recurrence of human tragedies resulting from the commission of violations, attacks and serious crimes in the future. The application of transitional justice constitutes one of the most important challenges and problems faced by post-conflict countries in terms of how to deal with this concept in the required manner, and the extent to which it is possible to confront the systematic violations of human rights that were practiced in the past, by taking measures that ensure the transformation process and reform the remnants of the conflict stage or practices. Authoritarian and repressive regimes. Therefore, we decided that one of the most prominent objectives of this research would be to address the issue of establishing a transitional justice approach as a mechanism to address the inherited humanitarian violations that many societies emerging from a state of armed conflict or from the control of oppressive dictatorial regimes suffer from, and to achieve due recognition of the harms suffered by the victims. As a result of these facts and the need to compensate them for them, and to enhance the possibility of achieving peace, reconciliation and democracy within the countries concerned, provided that this is done by taking into account international standards, which have a large role in ensuring the achievement of transitional justice and its effectiveness

The financial penalty, known as the fine, has been adopted by all legislations, along with corporal, liberty-restricting, and other penalties. It was imposed as a result of the person committing the violating behavior. The legal nature of the fine is embodied as a criminal penalty imposed by the parties to which the law gives jurisdiction over that, and among these parties is the penal judge and the non-crimina judge.

Economic and social rights are a set of rights empowering individuals the right to get basic services from state; they are the second generation of human rights’ generations. These rights were recognized and stipulated in the international conventions, declarations and treaties. The rights of this generation are characterized by positivity, so their statement in the constitution is not adequate, and the state must perform a positive act to fulfil these rights for all individuals of society. This would be done by the legislator’s interference in their [rights] organization since these rights aim at guiding the state to make every effort to relieve citizen from hard economic and social situations. The state is required to perform its active role to achieve this. Accordingly, 2005 Constitution of the Republic of Iraq refers to the generation of these rights, inasmuch as having them recognized would cause to relieve individuals from pressures that might be exerted by any state’s entity. Hence, this would give individuals a decent life enabling them to better serve their role in the society.

The offender is motivated to commit his crime by a group of acquired factors through bad contact or abnormal coexistence with the members of the society surrounding him, which would affect his behaviour and actions within the scope of the organized society, and the offender acts according to the degree of influence of one of the factors on his psyche more than the influence of other factors on him. , what drives you to specialize in committing a certain type of crime to the exclusion of others according to its influence on the criminal factor of that type when special reasons are driving the crime and the availability of appropriate conditions that help in committing it, and therefore. The crime = the effect of the acquired factors on the offender's psyche + the circumstances and reasons motivating the commission of the crime

The compulsory rules of international law remains based on the principle of states explicitly or implicitly accepting those rules, since no rule of international law can be obligatory to any country without its approval.However, what has been done to the organization of the international law and international practice is the possibility that the international legal rule resulting from international custom is binding on the state despite the fact that it has not expressed its explicit or implicit approval of that.This matter clearly contradicts the compulsory basis on which the rules of international law are based, and about this contradiction between what the theoretical basis requires to follow the rule of international law, and what happened to the work of the international. A basis that is consistent with the principles of international law and respect for the will and authority of states, and on the other hand it maintains an important degree of concord between the rules of international law

The Corona pandemic (Covid 19) that struck the entire world and what we first saw in China affected some contractual obligations, whether between individuals or companies, which led to stopping the import and export movement with the countries of the world, and to the force majeure that would make the commitment impossible to implement and the emergency conditions that make the implementation The obligation is burdensome to implement it directly between its parties, and in that legislation must intervene to lay down legal texts to return the obligations to their natural state and achieve a fair balance between the parties to the contractual relationship

The right to demonstrate and protest is a human right that emerges from several different basic rights enjoyed by humans. Many international conventions contain a clear formulation of the right to demonstrate, and this includes the European Convention on Human Rights, especially in Articles (9-11) thereof, and the International Covenant on Human Rights. Civil and political rights in Articles (18-22), where Article (9) stipulates ((the right to freedom of thought, feeling and belief...)), and Article (10) stipulates ((the right to freedom of expression)) and this freedom is subject to some restrictions. As well as at the level of national constitutions, as Article (38) of the Iraqi Constitution of 2005 states, “The state guarantees, in a manner that does not prejudice public order and morals... the freedom of assembly and peaceful demonstration, and it shall be regulated by law.” And since the draft law on freedom of expression, assembly, and peaceful demonstration has It was presented to the House of Representatives in June 2014 and was not approved. Therefore, Coalition Provisional Authority Order No. 19 of 2003 is still in effect under the provisions of Article (2) of the aforementioned order, and thus Articles (220-222) of the Iraqi Penal Code No. 111 of 1969, which restrict the freedom of individuals to exercise the right to demonstrate except after obtaining a license, are suspended. From the state, which specified the number of people and notified the state 24 hours before exercising this right. Article (7) of the order also authorized the arrest of anyone who violates the provisions of this order, referring him to the competent courts, and imposing a legally prescribed penalty, entitled him to one year’s imprisonment. Finally, it must be noted that it is necessary to legislate an integrated law to exercise the right to peaceful demonstration, especially in recent times, many demonstrations have been witnessed in Baghdad and the governorates in order to organize them, acquire legal status, and provide legal protection for the demonstrators.

procedural sanction that stigmatizes the judgment if it violates one of the conditions for the existence of the legal, and differs from other procedural sanctions in procedural laws such as invalidity and non-acceptance in several respects, however, there is a convergence between absence and absolute invalidity in some of their manifestations, a penalty whose scope of application is not limited to lawsuits only, it includes its application to both criminal and civil procedures, and the absence may marred a certain procedure of the lawsuit procedures, and the judgment may be attached to itself, In the first case, the description of a procedure as non-existent may be limited to this. Absence is a procedural sanction that stigmatizes the judgment if it violates one of the conditions for the existence of the legal, and differs from other procedural sanctions in procedural laws such as invalidity and non-acceptance in several respects, however, there is a convergence between absence and absolute invalidity in some of their manifestations, a penalty whose scope of application is not limited to lawsuits only, it includes its application to both criminal and civil procedures, and the absence may marred a certain procedure of the lawsuit procedures, and the judgment may be attached to itself, In the first case, the description of a procedure as non-existent may be limited to this

The research embodies that internally displaced persons maintain their legal status and have the right to enjoy citizenship rights within their countries. Given the conditions in which they live and the extent of local governments’ control over such groups, it was necessary to conclude agreements related to the protection of internally displaced persons, despite the absence of such Conventions It was necessary to resort to general agreements such as the Geneva Convention and its Additional Protocols and the Convention on the Rights of the Child to provide them with the possible amount of protection, and to urge governmental and non-governmental organizations to provide and organize awareness campaigns and extend a helping hand and assistance to this group in order to implement these agreements between countries

The research addresses the issue of political neutrality of the public employee in Iraq and seeks to understand the gap between theory and practice in this regard. The theoretical concept of political neutrality and its importance in public work is analyzed with a focus on the Iraqi context. The legal and political frameworks related to political neutrality are also studied and their actual application in Iraq is analyzed. Identifying the challenges and obstacles facing the achievement of political neutrality for the public employee, and analyzing the institutional challenges associated with the actual application of political neutrality. These challenges include the lack of resources and capabilities, corruption, and lack of political will. We also study the impact of political culture and political orientations on achieving political neutrality in public work, and arriving at How political values, beliefs, and practices affect the behavior of the public employee and his ability to commit to impartiality and integrity.The research also aims to provide recommendations and proposals aimed at enhancing the achievement of political neutrality for the public employee in Iraq, and enhancing transparency and integrity in the work of the public employee.

The idea of diminishing a contract is one of the legal and jurisprudential ideas that have taken up a wide scope in its implementation. The basis of the legal and legislative idea goes back to Islamic jurisprudence in what is called the differentiation of the deal, as well as to German civil law. The summary of the idea is that if the contract includes an invalid part and a valid part, the invalid part is excluded and the contract remains as valid. The correct part, but in our view this idea is incorrect. By virtue of the fact that the contract includes three pillars: will, reason, and reason, and if the defect is in the pillars of the contract, the contract becomes absolutely invalid, unless the defect is in what is valid to correct or invalidate the entire contract, as is the case in a suspended contract, and if the defect is in the condition and description, then they are outside of the scope of the contract. The nature of the contract and it is not valid to describe the contract as incomplete because of them. The condition can be invalidated if the condition is not effective, and the contract remains valid, or the condition and description affect the contract, so the contract and condition are invalid and the contract cannot be corrected according to the condition and description. But if the defect is in the implementation that is considered... One step behind the contract, we are faced with a contract with defective implementation, and it is also not correct to describe the contract due to it as partial invalidity, but rather we are faced with defective implementation that has special provisions mentioned in various laws, and on this basis it becomes clear that the idea of diminishing the contract is a futile idea that cannot affect the contract even if it is valid in part of it

The mobile phone is one of the means of technological development that has increased the demand of all societies to use it In this research, we dealt with the mechanism of settling disputes of the mobile phone contract, so we dealt with the research on two axes. In the first axis, we explained what the mobile phone contract is. In the second topic, we explained the means used in settling non-traditional mobile phone contract disputes. In this research, we did not rely on the judiciary as a means to settle disputes of the mobile phone contract, but rather focused on other means that can be used to settle disputes, given that relying on the judiciary as a means of resolving disputes takes a lot of effort, expenses and time. This facility is able to succeed in performing its tasks, so it began resorting to relying on other means to resolve disputes of the mobile phone contract, and we have dealt with it in this research.

There are personal and objective exceptions to the origin established for the unit of the lawsuit petition, based on certain conditions represented by the objective link between the multiple requests, with the unity of the appeal party and the similarity in nature of the issue raised before the competent court. This is due to cases mentioned within the text of the Civil Procedure Law, in an optional manner that returns to the will of the litigants, or to be obligatory due to the nature of the right; In order for the court to decide on all the issues presented in the petition of the lawsuit, and when these conditions are not met, the court obliges the plaintiff to limit his requests, to invalidate the issues that have been dismissed, and not to dismiss the lawsuit

This research dealt with the topic of (the division of commercial companies) as it is one of the important topics related to commercial companies and has a great impact on them, which has spread recently in many countries. The researcher addressed it by clarifying the nature of the division of commercial companies and exposing many different definitions regarding this topic, as well as the legal and legislative regulation of the process of division of commercial companies in many different comparative legislations, passing through the aspects of convergence and divergence between merger and division, and distinguishing the division from other cases that It may occur in commercial companies and has appeared recently, whether the partial transfer of assets from a legal standpoint, or the legal transfer of the company from a legal standpoint as well, and then it has been established that the division is tantamount to the premature termination of the commercial company if it occurs, concluding with the effects of the split project, whether on the partners, or on the The rights of creditors and debtors, or the contracts of a divided company, or the arbitration clause contained in the contract.