Journal of Misan Comparative Legal Studies

The function of private administrative control was and is still one of the functions that it exercises. It is one of the most dangerous functions at the same time. Individual affiliated with individuals from a specific area.
The aim of this study stems from the serious exposure to the antiquities of Iraq from looting, and smuggle them abroad are among the most important public funds that fall on the responsibility of the administration to provide them with special protection.
However, unfortunately up to now, there are no instructions that can be relied upon to facilitate the implementation of the Iraqi Antiquities Protection Law, as well as mitigating the penalty for smuggling antiquities to be a misdemeanor instead of the felony, which is its previous penalty.
As a result, there is a set of data that has led to the lack of interest in Iraqi antiquities, which will be revealed in this study

So I found the ISF legislation as a way to turn to the legislature to protect the interests of certain of the interests of the state and not for professional or factional considerations, but it was such customization is contrary to the rules of the Constitution, which had equality of all citizens before the law. And the application of common law rules on employees of the institution in terms of illegal acts may be unable to achieve the purpose of the organization of the internal security forces , which requires special rules in the criminalization and punishment so that is characterized by qualities may not be available in the rules of the Penal Code , the legislator in the guide of purpose that for it such an institution devoted to certain provisions , taking into account the system to reconcile the requirements of the Internal Security Forces and the requirements of the law

Demonstrations are considered a means of pressure on the ruling authority and have a stronger impact than the media or opposition forces. In the past decade, the Arab world witnessed demonstrations on the incident of a Tunisian youth who burnt himself in front of the media against the aggressive policy practiced by Zine El Abidine, President of Tunisia, where demonstrations broke out in Tunisia and then I moved to the Arab countries to overthrow many dictatorial governments in Egypt, Libya, Sudan, Yemen, and Syria, as well as against administrative corruption and quotas in Iraq and Lebanon. However, these demonstrations are not absolute, they are restricted to some of the controls or restrictions necessary to organize social life due to the necessity of human life in an organized society requires that its freedom is restricted and regulated by law so that the individual’s freedom ends at the limits of the freedom of others. If the legislator recognizes the individual’s freedom to demonstrate peacefully, at the same time he must regulate the exercise of freedom to avoid and prevent the abuses that occur in the place of the demonstration without disturbing the order

The study deals with confession as an important means of judicial evidence, a comparative study between the five Islamic doctrines of law (Imami, Hanafi, Shafi’i, Maliki, and Hanbali) and the Iraqi Personal Status law. This study aims to clarify the role of Islamic jurisprudence in evaluating the positive judiciary, taking into account the judicial evidence closest to the law, after clarifying the similarities and contrasts between the five doctrines of law in the proof of judicial confession.
In this study, the jurisprudential and legal evidence from its perspective in the jurisprudence books of the Islamic doctrines and the law books that dealt with the issue of confession from the civil law and the Iraqi personal status law were adopted.
The study concludes that the confession is considered as a mean of evidence in Islamic Sharia and Iraqi law. Confession can be defined as: "Recognition of rights of others on one self”. The study also reveals that the confession is not a construction but information. It proves that the legitimacy of confession is proven by Qur'an and Sunnah, and it is considered the strongest evidence to establish the rights of others especially with regard to the Personal Status Law, which includes financial and non-financial rights, and therefore, it is called the master of evidence, according to some jurists. It is complete evidence which does not need to get proved and supported by other evidences to be a proof of a right; however, that argument is limited to the person alone

This study aims at approaching the problem of international activities practiced by the constituent units in the federal state since these international activities, due to many factors, are the most important globalization and technological development in international transportation and communications, have been increasing at the present time.
This research displays the extent to which the federal units enjoy the international personality by presenting the views of jurisprudence and international as well as national legislation. It also demonstrates the legal basis for federal units in practicing international activities. Accordingly, the present study aims at comparing the current situation in Iraq with federal countries that have successful experiences in this regard for the purpose of finding a proper and logical legal adaptation for these international activities

Clearly, it cannot be found an environmental and social fair society, when the social life is under dominance and influence of competition, profit, economic growth, monopolies and the growth welfare standards. Also, the unfettered consumerism leads to over –exploitation. In fact, the unfair exploitation of the natural resources and its depletion, poverty and the terrible over-population, and the environmental crimes are all effects raised the alarm. It is necessary to examine these possibilities and the extent to which it meets the growing needs in the future. Really, the world is threatened with running out of these resources, furthermore, the environmental crimes may affect the ecological balance and the range of perpetrators varies and expands from national to international. As a result, the international community and the national laws have issued a number of sanctions, when the environmental crimes are committed, to maintain and protect the sustainable environment and pollution abatement.
However, the importance of the study lies in its legal novelty from the part of the environmental crime and the subject of environment which are considered as the most important ones to exchange views at the international and national levels. This returns to increase the level of the environmental degradation as a result of a bad behavior of man with environment and by increasing the deliberate and unintentional bad using over the world. In the 1972, especially in the half of the twentieth century, a legal study for combating the environmental crime appeared to protect and interest the environment at both national and international level

The jurists differ in the foundations upon which the inheritance is based on in some of its issues, including the issue of the grandfather's inheritance when meeting with the brothers. The difference has multiple visions and evidence for the lack of definitive texts in the Qur’an and the Sunnah, which opened the door for ijtihad. So, this study presents those differences and clarifies their contents with the proposed weighting statement for the Iraqi legislator

Terrorism is considered one of the most important dangerous phenomena on all international, regional and local arenas, which makes it a great danger to the lives of citizens, as well as determining the fate of many political regimes in various parts of the world. On determining it, which made it an international crime whose perpetrator deserves criminal prosecution and punishment, in addition to determining the criminal and civil liability against him, and with a comprehensive look at what is going on in the arena, we find many difficulties and obstacles facing the necessary measures to combat it, as terrorist operations and crimes have become one of the organized crimes, which are linked Other organized crimes such as murders, bombings, killing of civilians, money laundering, and smuggling of weapons and drugs, which helped to spread and increase their danger, and therefore the control must include studying action and reaction and confronting development with development and the use of modern technology.
International organizations were interested in researching the phenomenon of terrorism and how to eliminate it, when hijackings began to increase at the beginning of the seventies, the detention of diplomatic envoys and the bombing of the headquarters of diplomatic missions, and they took into account that this phenomenon is considered one of the main reasons that undermine the security and stability of the international community. By trying to establish an appropriate definition of terrorism, the reasons that lead to it and how to treat it, the organization has also taken care of forming the necessary committees to prepare international agreements that organize a framework of international cooperation to prevent and suppress some forms of terrorism.
The international community needs a comprehensive strategy to combat terrorism that guarantees its elimination. Therefore, the need and constant calls have been to conclude a comprehensive convention to criminalize terrorism in all its forms and forms, and to work to dry up its sources, in addition to addressing the modern causes of terrorism, under the umbrella of the United Nations, provided that all governments adhere to its provisions on condition Terrorists do not obtain any kind of protection, the first of which is the right to political asylum, bearing in mind that cooperation and coordination will not be focused on governments only, but between peoples and governments because the United Nations is still and will continue to perform its function in which it is able to deal with this dangerous phenomenon and make efforts. Mighty

The Thoudy means of parliamentary control on the work of the executive branch of the importance of parliamentary censorship does not mean obstructing government or paralyzed movement in the exercise of its business, but it means directing the government to advise her, and given the broad powers exercised by the government must be the restriction of the authorities mountings constitutional, it is here highlights the importance of moving means censorship, and most important of these means, parliamentary questions, and the topic of discussion, and parliamentary investigation and interrogation, and the consequences of this means a lot of results when you exercise, and this distinction must be made between the means and results