Journal of college of Law for Legal and Political Sciences

Litigants in Iraq for many years have been facing a big dilemma because of the delay in resolving lawsuits before the courts, and as a result, the Iraqi legislator issued instructions regarding time limits for resolving lawsuits by a decision of the (dissolved) Revolutionary Command Council No. (669) on 23/8/1987, but it turned out that despite Due to the existence of these instructions, the courts in most cases exceed these ceilings, especially with regard to civil lawsuits that take a long time to resolve.After examining the reality, we find that the delay in the case does not have a single reason, but rather it is due to many different reasons. The reason may be due to legislation and the organization of the judiciary facility. The reason may also be related to those related to the case, and other reasons that may lead to slowness in adjudicating cases. This research is a serious scientific attempt to explain the most important reasons for the delay in resolving civil cases before the Iraqi courts, which are related to legislation and the organization of the judiciary, while providing solutions and remedies that we consider necessary to avoid or limit this delay, and we will compare the position of Iraqi law with the UAE law.

Despite the dangers of drugs and psychotropic substances, due to its adverse effects on societies. However, there is no comprehensive and specific definition of these substances in each of the rules of international law as well as specialized national laws. And it is not possible to limit their types because they are constantly evolving and new species are emerging. The reasons behind the spread of this criminal phenomenon are also diverse, The legal remedies at both the international and national levels have not been effective enough to to eliminate the widespread of these substances. Thus punishing illegal traffickers, confront and combat it properly eliminate this criminal phenomenon, which represents a direct threat to security and stability in different societies, including Iraqi and Kurdish societies.

This research deals with the problem of registering the donation of vehicles in the Iraqi law, as it is subject to the provisions of the civil law as movables, as well as subject to the provisions of the traffic law, as it is movables of a special nature, as it was given a kind of formality, which is registration in the competent traffic department, but the legislator of the law The Iraqi civil, after stipulating registration for the gift of real estate, did not require the registration of the gift of the movable, as it was satisfied with the requirement of arrest to complete the gift of the movable. Likewise, the Iraqi traffic law did not require the registration of the gift of vehicles after it explicitly stated that the sale of them must be registered, and from here the question arises about the ruling on the gift of vehicles outside Traffic Department, and thus this research aims to demonstrate the extent of the requirement to register the donation of vehicles in the Traffic Department in the light of the provisions of Iraqi law, according to the comparative analytical approach. We concluded through this research that there is a legislative shortcoming regarding the subject of the research, as the Iraqi legislator did not require the registration of the gift of vehicles in the traffic department, and therefore the non-registration of the gift of the vehicle does not result in the invalidity of the donation contract, except that this collides with the fact that the vehicle registration document is the title deed of the possessor she has. To solve this problem, we presented a set of recommendations to the Iraqi legislator to address the existing legislative shortcomings, so that the registration ruling includes all legal dispositions on vehicles.

Permission has a role in the contracts contained on the transfer of ownership, foremost of which is the sale contract, and its effect is evident in the transfer of ownership of the thing subject of the contract. In the contract for the sale of money owned by a minor, the guardian or his guardian is registered in the Minors Welfare Law when disposing of the money with the permission of the Directorate of Welfare of Minors, as well as for the deputy such as the attorney and the judicial guard who are bound to dispose With the permission of the client or the judge. Therefore, the research will seek to clarify the provisions of this restriction represented by the permission that must precede the act.

The Corona pandemic appeared at the end of 2019, in light of the inability of countries and international organizations to control it, and the resulting negative economic, political and health effects and restrictions on human rights. The active international powers within the global strategic environment hastened to manage and limit this threat within the philosophy that these active international powers believe in. It also hastened to employ this invisible threat to serve the goals of these active international forces in terms of striking opponents or changing the rules of the international system, Or how to help other affected countries, or compete to find a vaccine and race to supply it to other powers.

The legislative authority, especially in federal states, is the mainstay of democratic representation, due to the pluralism that characterizes this type of state. So how to configure this power and determine what it has Powers and competencies and practice its effective role is the only guarantee for the unity of these states. And therefore
Skipping towards a pluralistic democracy. Perhaps the most prominent, oldest and most developed federal country compared to others in terms of the stability of parliamentary work is the United States of America, Since 2003, Iraq has been advancing towards democracy and establishing its principles in order to achieve the supreme interests of the state. Especially after it established in its permanent constitution of 2005 the federal system as a compromise solution for peaceful coexistence between the components of the Iraqi people And as a guarantee for the survival of the unity of Iraq in light of the process of democratic transition. Federalism in Iraq is modern compared to America. The problems that Iraq is facing due to the instability of the political situation, the conflict of interests and the clash of agendas are constantly exacerbating. And in the absence of an effective parliament In the absence of an effective parliament, it has a role in resolving the outstanding problems between the components of the Iraqi people, as well as between the governments of the center and the Kurdistan Region. Which may result in the disintegration of the federal Iraqi state into a unified state or into several countries, depending on the circumstances, which constitutes a threat to Iraq and the stability of conditions there. In order to get out of these crises, the reasons for the weak role of parliament must be identified and how to activate it in performing its duties. Here, it is possible to benefit from the American federal model, especially after it has proven its effectiveness, as in previous years, in managing the various components of the American people and in establishing the democratic system and achieving the supreme interests of the state.

Compensation is an effective means of reparation. Which may be judicial compensation, and it may be administrative compensation, which is the most permanent one. Liability insurance is in itself a great way to protect the injured and the responsible, while the burden of responsibility is removed from the responsible, it does not deprive the injured of his right to compensation, but the injured prefers to return To the insurance company to obtain satisfactory compensation, and then guarantee his right because he finds himself in front of a full party, at a time when the person responsible for the damage may be insolvent, and then it is difficult for him to obtain compensation, as the insurance company is a third and direct party in the relationship between the injured and Responsible to pay compensation for the responsible, despite not being responsible for the wrong act, but rather it is obligated to compensate for the damage caused to the injured

There is no doubt that the resignation of the Prime Minister leads to the termination of his term in office. This has a host of implications. Including: the termination of his post and the transformation of the government into a government that carries out daily matters, and there are other effects such as the effect of resignation on the constitutional institutions represented by the executive and legislative authority, so it is not possible for the Prime Minister to leave his position once he submits his resignation. This creates confusion in the regular and steady functioning of public facilities

Companies appeared as a natural result of the phenomenon of capital exploitation in commercial projects, as they represent the container in which large capitals gather to exploit a specific project, so it was necessary to have a competent administrative authority in the state that follows up the task of establishing commercial companies throughout the course of their activity and exercising supervision and control over them to help them avoid violations And mistakes on the one hand, and on the other hand, holding them accountable if they committed any assault or violation of the law. The Iraqi Companies Law No. 21 of 1997 adopted the idea of having a person called the registrar, as the law obligated the founders or those acting on their behalf to obtain prior permission to establish companies from the administrative authority. The competent authority, and the latter has the right to approve or reject, except that its opinion is not conclusive and may be appealed to before the Minister of Commerce, and the Minister must decide on the application within thirty days from the date of its submission, and in the event of its rejection, the applicant for incorporation has the right to appeal the decision to the competent court, and in addition to that The control of the competent administrative authority (the registrar) over commercial companies provides a degree of protection for the rights of both the company and its constituent members.

The board of directors of the joint-stock company enjoys wide powers and powers that enable it to control the company and its management. During its management of the company, it may carry out some misleading and deceitful acts and behaviors that lead to harm to the company, the shareholders and others, despite the importance of this type of company and the seriousness of the actions it takes. It is issued by the Board of Directors during the life of the company, and it falls within the scope of misleading trade, but the Iraqi legislator did not regulate this subject and did not specify the actions that fall within the scope of this type of trade, neither in the Trade Law nor in the Companies Law, but some forms of this trade were mentioned In more than one law, without there being a general rule that combines these images, which leads to many problems that harm the company and its creditors.

Consumption has become a clear phenomenon in contemporary societies, due to the scientific technological development and the electronic means that it includes, which in turn led to an increase in industrial production and the abundance of goods and services, in a way that goes beyond place and shortens time, effort and expenses, whether in the operations of supplying goods and services or in their circulation or in paying their prices. The consumer has shifted to satisfy his needs to use these means, whether they are necessary or luxury needs, but he may be exposed to crimes at all stages of electronic contracting, including those that fall on the electronic signature, which requires the criminal legislator to intervene with the law as it is the organizational tool in his hand through which he intends to achieve protection of interests within the framework of criminal legitimacy within the framework of proportionality between criminalization and punishment.

The electronic publishing contract is characterized by an international character, whether during its conclusion phase or during its implementation phase due to the absence of specific geographical areas, as it is based on personal consideration. and global technology. Disputes of an electronic publishing contract often take place between parties of different nationalities and places of residence, and relate to a site whose location is unknown, or the location of the entity that manages it, and the applicable law is also not clearly defined, in addition to that there are many legal systems that do not even include Now there are legislations regulating information technology issues, especially since it is natural for disputes to appear in this electronic environment, as is the case in the non-electronic environment

The voluntary abandonment of the voluntary litigation is of great importance, as it leads to considering the lawsuit as if it did not exist. There is no doubt that this matter leads to preoccupying the judiciary with lawsuits that are filed and then its petition is invalidated, and then renewed. Therefore, the legislator is keen to organize the matter in a way that balances the right of the plaintiff to annul his lawsuit and the right of the defendant to terminate However, the position that the legislator came with regarding some important issues related to leaving the litigation needs to be reviewed in some parts, just as the legislator did not detail some of the important effects of leaving the litigation, hence The importance of the research came to develop solutions to these issues in order to reach an optimal legal organization for that subject

Smart sanctions are non-military measures and represent a new application of international sanctions imposed by international organizations against specific categories of individuals (natural persons) or non-state entities if they are proven to have violated the rules of public international law and the provisions of the Charter of the United Nations, especially with regard to maintaining international peace and security. It should be noted that smart sanctions differ from comprehensive international sanctions in that they are of specific purpose, i.e. targeting responsible individuals or political leaders in the political system of a country, as well as non-state armed entities or groups, while comprehensive international sanctions address only states. The Security Council relies in imposing them on Chapter VII of the Charter and Article (41) of it in particular, and it is known that Chapter VII addresses the member states of the organization, while individuals and non-state entities do not enjoy membership in the organization because membership is limited to states only. During the period 1998-2002, many initiatives emerged by some countries and governments aimed at improving the reality of international sanctions and emphasizing the idea of smart sanctions. The most important of these initiatives is the initiative of Inter Laeken, Bonn-Berlin and Stockholm

There is no doubt that the issue of defining the sources of international law is considered one of the issues that has raised and continues to raise a jurisprudential debate based on the size of the problems surrounding it, which may include: New sources for that law? Is it conceivable that there is a hierarchy between those sources and what is the scope of the gradation? The special nature of international law, which is the absence of the supreme international authority that has the ability to set legal rules binding on those addressed by it, has produced a reality stating that this law is characterized by a dual nature represented in that Its people are the ones who set its rules and then become obligated to apply them. According to this understanding, there is no denying the perception of a conceptual development of the sources of international law, represented in the possibility of the emergence of new sources that were not stipulated when defining the sources established by the Statute of the International Court of Justice, as well as the absolute lack of recognition of the absence of A hierarchical hierarchy between its bases. This research tries, according to the methodology of analytical scientific research, to address the subject starting from a problem that revolves around a central question: Did the reality of the international organization lead to a conceptual development of the sources of international law by creating new sources that simulate that reality? Is there a hierarchy between these sources and what is its scope

Praise be to God, Lord of the worlds, and prayers and peace be upon the best of God’s creation, all of them. The Islamic Sharia came to establish and encourage the formation of family bond contracts, which is the marriage contract with integrated conditions and elements, and it must carry under its folds compatibility, satisfaction and approval, and if it is tainted by an imperfection, then this contract is either invalid, corrupt or rejected, and this is what the positive law approved, and one of its advantages is the agreement of the positive law with the provisions of Sharia and its support in matters of personal status, especially in the Iraqi personal status law, and from here I wanted to study a specific case in these matters, which is when the contract is concluded, and the conditions are set, and what are the validity of the conditions, so I studied the research entitled (The provisions of conditional marriage and its implications in jurisprudence Islamic law in comparison with the Iraqi personal status law - a comparative jurisprudential study) It required me to put the research methodology according to the following contents: Between jurisprudence and Iraqi law) and it contains four demands, and the second topic: I mentioned the conditions in marriage contracts and the extent of the dispute between jurisprudence and Iraqi law, and it contains two demands, and each demand has two branches: and in the third topic: the consequences of not fulfilling the condition, and there are two demands, and then the conclusion with the most important results and recommendations.

Electronic documents are among the modern scientific evidences adopted by the legislation of the comparative countries, even if they are not referred to explicitly. And the clear picture of these documents is represented by the electronic writing that corresponds to the written evidence in the traditional proofs of evidence. Thus, the electronic document, in order to be approved and accepted, must be written in a way that makes the data preserved in it, and it is possible to refer to it whenever required, and submit it for viewing and invoking it. However, it is not possible to reach the content of electronic bonds except through electronic devices that have the ability to make changes in those bonds so that they appear or are issued in an electronic form that has a noticeable effect, and this is what is required in order to adopt these electronic bonds as evidence to prove the need to develop modern legislation to regulate them In the field of proof, which we see from the role of most countries in developing modern legislation to regulate electronic transactions and the electronic proof mechanism in a way that inspires confidence and reassurance among individuals in moving towards electronic dealings at a time when the circle of using modern technologies and their means is expanding in various fields.

The status and role of Brazil on the international scene has witnessed a remarkable increase since the end of the Cold War, it became part of what they called the rise of the other with China, India, South Africa and a group of other emerging countries. Where Brazil possesses the material assets and capabilities that enable it to contribute to setting the rules governing international interactions and to exercise effective roles at the international level. Therefore, it must be highlighted, as it is one of the rising powers and important economies that have achieved significant growth and can occupy an important economic position that enabled it to change the equations of the international system in partnership with the BRICS countries or other blocs affiliated with them, and in its policies, it relied on soft power based on a set of values, including achieving security, peace, development, principles of justice and international solidarity, and achieving economic success, as well as on the principle of dialogue and international and regional alliances in accordance with a common vision to reform the international system, and seeks to consolidate its role and importance through mediation to solve crises and problems in the world.

Traffic administrative control at the present time constitutes an important necessity to protect society from the dangers resulting from traffic accidents and their negative effects, or from other dangers that threaten or violate the elements of public order in the country. The necessary preventive measures to control the behavior of individuals in the field of traffic and traffic in accordance with the legal rules enacted by the legislator of the Traffic Law. And it has the right to impose the rules of that control through the use of coercive force, and by imposing legal penalties on those who violate its rules, whether by imposing a financial penalty (traffic fine) to deter violators and deter others by adhering to the rules of traffic and traffic, as the legislator of the traffic law granted these traffic devices the power to impose penalties Other administrative measures, which are represented by (withdrawing or terminating a driver's license) or seizing a vehicle whose driver violates traffic rules, in private yards, as a kind of precautionary measure aimed at preventing and protecting public order in the traffic field.

The electronic administrative contract is one of the recent administrative contracts, which appeared and spread rapidly with the advent of the international communications network (the Internet), and its use is increasing dramatically in the completion of various electronic administrative transactions. Therefore, in our study, we dealt with the definition of the electronic administrative contract and its characteristics, and the search for the availability of electronic administrative contract standards. We also searched for the authoritativeness of electronic writing and electronic signature, as they are means of proving the electronic administrative contract.

As a result of the increasing interest in delinquent juveniles, and the consequent effects, whether at the local, regional or international level, considering juveniles as the building block of society and the pillar of the future, therefore the majority of contemporary legislation tended to codify juvenile laws, showing how to prosecute and care for them during The trial period and after, and the Iraqi legislature was one of these legislations, as it issued the Iraqi Juvenile Welfare Law No. (76) for the year 1983 to replace the old Law No. (64) for the year 1972, as it included a set of special substantive and procedural provisions that show how to deal with juvenile delinquents and the method Investigating and prosecuting them, and what are the procedures and measures that can be taken against them, so the Iraqi legislature obligated within certain limits a set of legislative guarantees for the delinquent juvenile, and guaranteed him the necessary care during the stage of the preliminary investigation procedures, so we will show in this research the definition of the preliminary investigation with the juvenile, as well as who It is the authority concerned with the preliminary investigation of juveniles, and what are the guarantees created by the Iraqi legislator at the stage of the preliminary investigation of juveniles?

The dilemma of the Iranian nuclear program has emerged during the past two decades, as the position opposing it has increased internationally and regionally, and the United States of America has led this position, as it considered the Iranian nuclear program a threat to the security and stability of the region, especially the Arab Gulf region, and there was much debate about the truth of this program as to whether it was directed against countries surrounding Iran, or is it a regional deterrence to control the Gulf region and the rest of the Arab countries, as well as about the motives that stand behind it and drive it, and the events related to the Iranian program developed at a high pace, as this program was considered one of the most important issues that occupied public opinion on the international and regional arena.
Iran has made great efforts to achieve the success of its endeavors to acquire nuclear capabilities, which it claimed were for peaceful purposes. Therefore, Israel embarked on a semi-declared nuclear deterrence strategy in anticipation of confronting the threat of the Iranian nuclear program to its national security. As for the other countries of the region, especially the Arab Gulf states, Iranian conventional and non-conventional armament has become one of its most serious concerns and warns of an escalation of conflicts in the region, which is beyond praise. Aftermath, he also confirms that the Middle East region will remain a hotbed of conflicts and tension for long periods to come, as long as it remains the main resource of oil and energy in the world

Intellectual extremism is one of the topics that have preoccupied the minds of specialists recently as a result of the increase in extremism in the international community in general, and its expansion in an unnoticed way previously and in light of the current crisis that Iraq and the Arab region are experiencing. In general, we find that the phenomenon of intellectual extremism, regardless of its forms, whether it represents With a religious belief, political or economic vision, or any other kind, as long as its purpose is to sow fear and terror in the hearts of the members of society, in order to achieve specific goals and objectives by various means. Intellectual extremism exists in all societies in varying proportions, and it is a global phenomenon, but it spreads in closed societies with a totalitarian culture, and is embodied in the exercise of pressure, violence, or persecution against those who hold a different opinion, whether individuals or groups, with the support of political or religious organizations that incite and fuel it, and the goal It is to silence people and silence them so that these organizations can spread their ideas without any opposition from other currents, even if it is necessary to use force and brutalize anyone who opposes those ideas, and this is what happened in reality

Although the peaceful coexistence between the various ethnic groups in the disputed areas in Iraq, as it was named in the Iraqi constitution, especially the city of Kirkuk, represents the first step in achieving social, political and security stability or not in Iraq in general and in these areas in particular, the facts in the past as well as in the present, and through the data in reality indicate that this coexistence in these areas faces a number of challenges that negatively affect the state of social harmony and political consensus in them. What makes peaceful coexistence wobbly in such a city is the fact that there are nutrients for such challenges, whether they are direct challenges or indirect challenges to such coexistence. The direct challenges are represented by forced displacement under the pretext of political and security motives, the dispute over the city’s historical and cultural identity, and changing the demographic map of the city’s society. As for the indirect challenges, they are embodied in social challenges such as intolerance to race, following the policy of marginalization, the abolition of the other, and the wrong methods of socialization, especially those that urge hatred and lack of belief in coexistence. One of the official and popular mechanisms alike, which guarantees overcoming these challenges, and the most prominent of these official mechanisms, is to preserve the demographic composition of the city, not to bring about a planned demographic change to achieve political goals, to initiate the establishment of a local government in which all spectrums participate, and to apply the foundations of transitional justice in a way that does justice to the victims, restores usurped rights, and inflicts just punishment on the perpetrators. As for popular measures, they are summarized by providing an appropriate environment to consolidate social coexistence between different races, such as affinity, marriage, housing, and mixed neighbourhood, as well as promoting economic coexistence, such as partnership in commercial and investment projects. The implementation of these mechanisms would spread the spirit of citizenship and tolerance among the various groups, and overcome the state of marginalization and exclusion practiced by some against others.

Marital problems, no matter how great and varied they are according to time and place, should not be surrendered to and enabled to fragment and tear the fabric of the family, because this will create exhaustion for the spouses and the children together and the loss of everyone, God forbid, because they are in the same boat, whether they are aware of this talk or not. legislative and humanitarianThis requires a statement, so we have worked to address and stand up to these contemporary differences or problems that the legal texts in force have not always been unable to provide a direct solution to them, especially by mentioning, and it is the subject of discussion, the Iraqi Personal Status Law No. Fresh and notexisted during the issuance of this law, and this does not prevent moving in the development and adaptation of the texts in force for this law in order to advance and strengthen an effective role in bridging the rift between the spouses, after these conservative families in our Iraqi society were exhausted, so the paved road map for this study was proceeding in a way that is compatible Legal and legal authenticityThen the deficiencies were diagnosed and the appropriate legal solutions were put in place to address these problems, in a courtly manner and legal formulation that takes into account the circumstances and keeps pace with the times and modern development, and prevents the occurrence of division between the parties of the relationship based on the desire of those who sought to keep the marriage existing without dissolution

The crimes of genocide are among the most common crimes that have occurred against peoples throughout history. Many peoples and groups have suffered from the scourge and tragedy of these crimes, especially our Iraqi people, despite the seriousness and difficulty of genocide for the peoples who have been subjected to these crimes, especially if there is real evidence of genocide. Or the read) claim that genocide did not take place or acquit those who have been proven to have committed the crimes of genocide, this denial of genocide and in public may cause a lot of pain to the people and individuals who have been subjected to genocide, but may cause by raising a problem that affects the cohesion of society among its children, especially if the deniers are from the same members of society, so we try through this research to show the civil responsibility of all people who deny the occurrence of genocide in the various media to limit the victims' families from the pain of denial

The right to litigation is one of the general rights that may not be disposed of or waived, and it is guaranteed under the constitution, and various legislations in the countries of the world have tried to set rules and texts to ensure the impartiality, integrity, and independence of judges of their decisions, and there are many guarantees in Iraqi legislation to ensure the validity of litigation in order to impose effective control The performance of the courts and the good performance of judges and members of the public prosecution of their duties.
And the Judicial Oversight Authority Law No. 29 of 2016 aims to control and supervise the good performance in the federal courts and the public prosecution, but the above law dealt with aspects of the tasks of judicial supervision and omitted other aspects, as well as the lack of clarity of some texts contained in the law, all of which prompted us to choose it as a topic for our research Where we analyze the texts of this law for the purpose of reaching the best formulas that lead to the enrichment of the law