Journal Of the College of law /Al-Nahrain University

The procedural law establishes a close bond between a Procedural action and procedural sanction; It does not regulate procedural actions and guarantees them in legal texts without ensuring due respect for such acts Through the imposition of procedural sanctions corresponding to violations of the provisions and rules of procedure in force, and this is logical necessity in any organized legal society, and passing the idea of procedural sanctions, the texts were emptied of their content and became hollow texts, And the violation of its
provisions and the disintegration of its restrictions is easy without provoking this irritation or fear of breach of its provisions and violates its guarantees.

The public interest is the main purpose around which the work of the public service is supposed to revolve without competing with any special interests that contradict it because of the negative repercussions of this conflict on the normal functioning of these works, this highlights the need to develop and implement effective mechanisms to address the phenomenon of conflict of interest in the public service in a manner that protects it from the effects of that conflict, and represents a preventive gateway to prevent the spread of manifestations of corruption in all its forms.
The truth is that conflicts of interests have existed since ancient times, but they have emerged clearly in contemporary societies as a result of the evolution of life phenomena and their increase in the interests of individuals and their overlapping in these societies. 2003, which Iraq ratified under Law No. (35) of 2007, as this agreement urged its members to adopt and establish systems that enhance transparency and prevent conflicts of interest within the framework of the public job as the preventive portal against corruption in all its forms, which pushed many countries towards Address conflicts of interest through the adoption of necessary measures to prevent it and deal with its effects..

The testimony is one of the most important direct evidence that the court may adopt in issuing the ruling, and it represents a great importance in establishing evidence in criminal matters, and it instructs the judge to investigate its value. The witness, as a general rule, must be neutral. If a wife, regardless of its degree, denies this neutrality, then stripping the person of the witness’s quality is first, rather it is a matter imposed by the correct legal logic and requires justice. The general principle is that the witness does not have an attribute that imposes obligations on him inconsistent with his duties as a witness, and accordingly violates the trust that must be available for his testimony.in this research, we have raised the issue of hearing the complainant’s testimony in the criminal case, in that it is an opponent of the accused in the criminal case, and the value of this testimony in criminal evidence, and we presented in it the concept of testimony and the complainant, as well as the position of law, jurisprudence and the judiciary from the complainant’s testimony, and then by estimating this type From testimony and its value in criminal evidence

Forced displacement acts are a flagrant violation of the universally recognized fundamental human rights. How about if such displacement is associated with a planned collective system to cleanse entire local communities, and eliminate their physical, moral and cultural existence, by brutal methods that spread terror in the souls of those who are exposed to them in inhumane conditions? In such conditions, they face unknown destiny of homelessness, weakness and humiliation to their human self. The forced displacement, as a recognized crime in the international criminal law, raises a complication in its adapting process within the three major international crimes that target the human. These crimes are blatantly stipulated in the 1998 statute of the international criminal court, namely: genocide, crimes against the humanity and war crimes, dependent on the requirements of each crime independently. This applies to the criminal acts that targeted the Christians because of their religion and cultural identity, by the Islamic state in Iraq, especially in 2014.
In this study, our main objectives is to describe the acts of the forced displacement that the Christians were exposed to, whether they are included in the genocide, crimes against humanity, or crimes of war.
Keywords: Forced displacement,genocide, crimes against humanity, war crimes, Iraqi Christian 2014.

Usually, the employee who exploits his , her influence is sentenced to a criminal judgment, because the exploitation of his , her influence is considered a crime that is harmful to the public interest. A disciplinary penalty as a consequential punishment imposed on the employee exploiting his , her employment ..
However, some laws exclude from the scope of the amnesty provisions applicable to subordinate punishment, as well as crimes against honor and impartiality, the employee exploiting his employment influence can not return to his job, because the amnesty is limited to the original punishment without subsidiary punishment unless the amnesty law stipulates otherwise ..
Other laws provide for amnesty provisions to apply to the original and consequential and complementary penalties, so that the employee exploiting his or her functional influence covered by the Amnesty Law can return to his or her position ..

Since the imposition of taxes on the individual by the state violates his right to his money that right guaranteed by most constitutions, so it was imperative that this prejudice be done through a law issued by the competent elected authority in the state, namely the legislative authority that represents the individual who has the right based on a constitutional To prevent arbitrariness in the power to impose it because the state with sovereignty over its citizens has the power to impose taxes to meet the increasing costs in order to meet the renewed public needs and to activate the principle of social solidarity among members of society who jointly share in bearing those costs . Therefore, the process of taxation, tax collection, amendment, and exemption from it had to be framed within a framework of constitutional legitimacy, in order to prevent prejudice to that right, and this can only be achieved by stipulating in the constitution that there is no tax except by law, in order to acquire the sanctity of the constitutional rules in terms of form and substance. In terms of its form, it is included in the texts of the constitutional document. As for its subject matter, it reflects the principle of separation of powers, as they represent the exclusive jurisdiction of the most important authorities in the state . Its container, the persons responsible for it, its prices and the appropriate time for its collection, as well as the exemption from it by law ..

Despite the importance of the execution judge in the efficiency and effectiveness of judicial rulings, the Iraqi pleadings law did not deal with regulation with the issue of allocating an execution judge to administrative matters that implements the rulings of administrative courts. Despite the importance of the matter, given that the parties to the administrative litigation are not equal, the administrative courts may issue a ruling, without finding implementation by the administration, there must be an independent execution judge in administrative disputes who will implement the rulings issued by the administrative courts in a fair manner so that it does not distinguish between a party on Third party account. Because of the importance of the issue from a practical point of view, the researcher has chosen it

The penalty case is known as a set of rules prescribed by law to deal with complaints and news about crimes.
The search for the perpetrator and gather evidences about them in order to prosecute and bring retribution against them aiming to protect society and its members and reassure it, and this is the basis in the penalty case.
The penalty case requires the issuance of a verdict that has become definitive and this normal case for the end of the penalty case,
However, there are disagrees or contraindications under which the lawsuit expires without ending all its procedures, and these disagrees are permanent, In a way to forbid from initiating the penalty case again if available and these disagrees are (the death of the accused, amnesty, statute of limitations, unqualified sentence, and the cessation of legal proceedings, a final cessation), (Reconciliation, waiver) of the most important characteristics of these disagrees as they are permanent procedural obstacles to the path of the criminal case to proceed in its proceedings and continue, It also assumes the existence of elements of crime and the emergence of criminal responsibility, but it closes the procedural means that determine this responsibility and the punishment.
They are also considered to be of public order and therefore the accused may not waive them. The court, if these evidences available, shall decide by itself not to accept the case

Interpretive moderation is one of the important topics at the present time, especially since most of the world's constitutions explicitly stipulate the competence of the supreme constitutional courts in the interpretation of constitutional and legal texts, and this may result in different interpretations in the interpretation of those texts, that is, interpretative revision. It has binding power, hence the danger of diverging interpretations, and the effect of this on stability legal positions and the rights of individuals. Therefore, it has become necessary to entrench the idea of legitimate expectation with the constitutional judge when performing the interpretation of legal texts. For the purpose of not undermining the legal security of individuals and organizations

The Algerian legislator has stipulated in the law of civil and administrative procedure the exclusive competence of the judge in matters of social security in social security disputes, in particular disputes between social security funds and agencies and taxpayers, but he excluded from this competence disputes that arise between social security agencies and administrative bodies of Law No. 08/08 of 23 February 2008 relating to disputes in the field of social security, as well as those that arise between private funds and taxpayers, who submit them to administrative jurisdiction, in accordance with the organic standard established in Article 800 of the Law on Civil and Administrative Procedures.
However, this standard gives rise to criticism as long as security funds and organizations are public institutions of a social nature, and it is therefore more appropriate to submit their disputes to their natural judge, who is the social judge rather than the administrative judge. Considering what above, it is best able to understand the activities that these funds carry out.

Despite all efforts and initiatives of the World Health Organization (WHO) and the International Labor Organization (ILO) to establish and strengthen many rights for working women in general and for nursing mothers in particular, the reality has proved to be difficult to realize. The most important of which is the right to breastfeed during work through the benefit of hours a day to do so. However, the practices of employers and the economic institutions that have made it possible to exercise this right often seem difficult if not impossible.

Western legislation has been prominent in promoting the protection of consumer rights and interests in the light of ensuring the fair commercial practices through the enactment of different efficient legal rules, in order to protect the consumer from harmful business activities.
In Europe, especially European Union countries, many European directives have been issued for the purpose of banning unfair trade practices. Most member states have included their domestic laws in line with European Union directives, for example Germany, France and Belgium, even issuing special laws to ban such practices. Commercialization and some legislation considered certain commercial practices a harmful crime punishable by law. Adding to the benefits of international organizations and conferences that have provided a prominent role in promoting the protection of the rights and interests of consumers from various commercial activities and what possible damage is expected to ensue.
In order to cover the need of the Iraqi legislator, which is appearing as a lack of legislation and its weakness in consumer protection in Iraq in general and the weakness of the possibility of legislation in to address the risk of damaging of harmful commercial activities to the consumer or on the reputation of trade and activities that are built on the basis of trust in dealing, so it is necessary to provide appropriate legal solutions via issuing proper legislation to be the basis for facing harmful or unfair activity.

The position of the Prime Minister acquires great importance in the countries that establish this position, and the importance increases more and is embodied in the parliamentary system in which the Prime Minister Hammam Jassam takes charge of drawing the general policy of the state and implementing it through the government program that he provides, he is the actual head of the executive authority who is based in The foundation is based on two pillars, the first: the dual authority of the executive authority from the head of state and the prime minister, and the second: the separation of powers and the balance between the legislative and executive branches.
And in Iraq today, according to the 2005 constitution, we find that the Prime Minister is the direct executive responsible for the general policy of the state, and he is responsible for the general command of the armed forces in addition to the administration of the Council of Ministers and presides over its meetings, and he has the right to dismiss the ministers with the approval of the House of Representatives, which are terms of reference exclusively and exclusively And other specialties in conjunction with the Council of Ministers mentioned in Article (80) of the Constitution.
Because of the decision issued by the Prime Minister, No. 307 of 2015, which abolished the position of deputy prime ministers and vice-presidents of the Republic for the purpose of rationalizing the government apparatus and merging some ministries, many criticisms have been raised about the legitimacy of this decision and its compatibility with the constitution and its compatibility with executive powers Assigned to the Prime Minister with the executive powers prescribed to the Prime Minister, so this study came to find out all the above.

It is one of the most important components of the judiciary (the constitutional judiciary) Which is represented in Iraq (the Federal Supreme Court), and the Federal Supreme Court directly affected the work of the constitutional, institutions in the country and the foundations of the system of government In addition to the relationship of the Federal Supreme Court to the reform process in the country, the Federal Supreme Court in Iraq has practiced its work since its establishment in the year 2005 and until now it is still continuing.
During this process, and from extrapolating the rulings issued by the court, despite the presence of many advantages that are calculated by the court on the level of its work, its rulings, and its role in strengthening the pillars of the rule of law, correcting the legislative path of the parliament, and supporting the process of government action, However, we note that there are several important observations on the work of the court and its decisions, and therefore a review and reform of the work of the court must be undertaken, and its decisions should be rigorous in a manner consistent with its constitutional and legal standing in the state.

The means of communication between the past, the present and the future is the civilizational heritage, whether physical or cultural heritage, and the quality of antiquities controls the extent of the country's possession of a great historical memory reflected on the future, and the cultural holdings at present present great dangers that have not existed and faced throughout history and There are many factors that contributed to the continuous aggression on these cultural properties around the world and the criminal efforts in the search, smuggling, sale and sabotage have grown. This international threat to cultural property has to create legal norms that protect heritage as the criterion of national identity, whether national legislation or at the level of the international community such as international conventions for the protection of cultural property.
In this research we address the subject of international legal protection of cultural property in order to solve the research problem of the adequacy of protection provided by international conventions for cultural property and the success of the mechanism used to provide such protection and the adequacy of local national laws in Iraq to international conventions on the protection of cultural property. ISIL's responsibility for its violations and destruction of cultural property, and clarify the position of international law on the human cultural heritage in Iraq and the legal protection it enjoys and the destruction and looting it suffered. There is an important role for the Iraqi legislation to protect cultural property by adding, modifying or canceling some legal texts in line with providing the necessary protection for cultural property and adhering to the international conventions in this regard. In the first section, we discuss the general legal provisions for the protection of cultural property. In the second section, we deal with the mechanism of international protection of cultural property. The legal consequences of the general protection of cultural property and the legal liability arising from the violation of the protection of cultural property and the conclusion reached a series of findings showing the inadequacy of legal rules for the protection of cultural property in Iraq and the inconsistency between the national laws in force in Iraq and international legal provisions for the protection of property The brutality of ISIS's invasion of Iraq and changing its cultural features has shown that ISIS commits a war crime that it is responsible for under international law and international conventions for the protection of cultural property

The family is the first building block in building the edifice of society, strengthens its strength and weakens its weakness, and the belief of the Iraqi legislator on the importance of the family and its effective role in building the society, it has given wide attention, by stipulating in various laws on its importance and ensuring its stability, starting from the Iraqi Constitution Others, such as the Penal Code, the Personal Status Law, the Juvenile Welfare Act and the care of minors.
In addition to recent developments, such as a court of inquiry specialized in domestic violence, as well as the Directorate of Family and Child Protection from Domestic Violence of the Ministry of Interior, the aim is to preserve the privacy of the Iraqi family, and preserve the dignity of its members in the event of family violence from one family member against the other.
Therefore, we consider the necessity of establishing a family court competent to hear cases of domestic violence referred to it by the investigative court, instead of referring it to the ordinary competent courts,As well as, the providing a single judicial building combines to the Family Court and its Appeals Chambers and the Court for the investigation of domestic violence and the prosecution, away from the bustle of the courts and to facilitate judicial procedures, and to achieve the principle of specialization