AL-Qadisiya Journal

Prepared by :
Dr. Prof. Mohammed Ali Jassim Al-Asadi " Babel University –college of law "
M. Alwia Jabar Sahib Al-Hilali " Qadisiya Univeristy –college of Medicine "
The illegal use of water is considered one of the environment crimes that happen continuously on one of the environmental elements , it has been increased this kind of crimes too much lately in Iraq , due to the illegal use of water crime is not individually , but it forms a phenomena in most countries within Iraq , we have found it must support media or other methods to prevent this phenomena or at least decrease it , identify its aspects and punishments this what we have deal in two topics :
We have concluded through the research " The Crime of illegal use of water " to some conclusions and suggestions stated here some as expanding the comparative legislations in crime of illegal use of water resources by mention different aspects of this crime positively or negatively , not use the comparative legislations with execution punishment on the doers of this crime due to tininess of this crime , simplicity and unsuitable body punishment as execution penalty in spite of its gravity , appearance a tendency in world field fighting the execution and the same methods same calling by opponent this penalty internally from other hand , the Iraqi irrigation law no. 6 of 1961 amended by using the body coercion base.

The primary function of the Court of Cassation focused in monitoring the safety of the application of the legal base in judicial decisions midwife to appeal, both on the substantive rules or procedural rules. This is to ensure the validity of law enforcement on the ground before the topic court which issued the impugned judgment. They are monitoring the law through legal control to adapt to the facts conducted by the trial judge in the case, so as to satisfy itself that the judge had given the correct legal description which is consistent with the facts before it, and monitors the application of the law to those facts. Therefore, the Court of Cassation looking at judicial rulings contested and consider whether the trial judge had failed to understand the legal basis or in their application to actually extract the lawsuit or hit a proper understanding as you see the Court of Cassation. Also, the Court of Cassation, watching the trial courts in terms of observance of the formal rules that law makes it compulsory law followed in governance and procedures, and in the light of this control to accept the appeal or reject, and when the acceptance of the appeal and reverse the judgment, they refer the case to the court which issued the impugned judgment to control it again without the address rule, to rule on the lawsuit, but in a narrow range. This is because the Court of Cassation is not one of the stages of litigation and that the original does not have to be separated in the litigation and disputes, they judiciary terms of working to unify the provisions of the law and the interpretation of texts.

The guarantee of neutrality is an important guarantee for the public servant, in which it separates the authority of the accusation from the authority of the government. The principle of the inadmissibility of combining the two forms of investigation and judgment is one of the most important principles for ensuring the impartiality of the disciplinary authority. In the investigation, he is not allowed to participate in the case and the ruling. The administrative president plays a decisive role in leading the employee accountability process, where the presidential system is characterized by disciplined accountability of employees. And directing the accusation to the employee until the decision to impose the sentence is issued. The investigation commission is entrusted with the investigative committee, but it carries out the investigation and ends with making recommendations to the administrative head, where these recommendations are not binding on him. This may result in lack of neutrality as a guarantee for the employee. As well as the question of the response and the resignation of the administrative president in the stage of imposing disciplinary punishment in the case of the degree of closeness or marriage or enmity or friendship of important issues that deserve treatment and can not be judged to exist without a tendency with the employee violating.

The growth of using modern technological techniques and share a great deal of activity and movement of people in developed countries, as an example of the use is an e-mail, where it became used as a means to move the economic and business process as well as it is used by various government sectors and individuals.
Therefore, this development was accompanied by a new kind of crimes affect on e-mail, as reflected the evolution from the traditional limited form of crimes to the induced and sophisticated kind of crimes. We came up through research that the traditional texts does not help address this type of crime, then, that those texts have been developed to address traditional crimes in specific normal and geographical environment, while the e-mail crimes committed in an electronic environment does not recognize geographical borders of the countries and this is resulting in a lot of things most importantly that it should not be expanded interpretation of texts because it is governed by the principle of legality of offenses and penalties. Therefore we decided to divide this research to address two topics in the first of it a crime to gain unauthorized access to e-mail or unauthorized stay while devoting the second to discuss the crime of violation of the confidentiality of e-mail messaging.

The trafficking in women is a global phenomenon has escalated in recent years in an unprecedented way, they are a form of slavery in modern times and a violation of human rights, despite the call for human rights in the world, and the expansion of human rights associations So far, though, we find that women are humiliating and sold all around the ground in full view of everyone, and some help governments in these deals, it was a crime are incompatible with human dignity, which is the basis of human rights which required treatment and reducing exacerbated, and we thought that this picture criminal overcome the global system and ended long-time Having agreed States to conclude many of the international conventions which criminalize such acts as contrary to international public order, but it turned out that this crime took worsen the women level یohemen that he would be their employment actions dishonest, but they find themselves a commodity bought and sold for the purpose of sexual or exploited forced labor or other forms of exploitation. Which necessitated us researched and stand on the responsiveness of the Iraqi anti-trafficking law No. (28) for the year 2012 with the requirements of the fight against this crime.

Look at this study, the role the community can play the private sector through its services, especially after the decline of the state's role to nearly traditional functions of three of the security and defense and spend, and it seems Iraq from more countries that society needs them to concerted efforts of the private sector with the public sector to remedy what happened to it from destruction during the past three decades, because of what has passed through wars and facing conditions of internal security is stable, as well as adopted its constitution in 2005 in force from the philosophy of individual allow scope for the private sector to play a bigger role at all levels to identify on ways to bridge the gap between citizens and the private sector, which planted because of the socialist ideas that prevailed in the country for a long period of time, which makes it difficult to accept the other and confidence to the private sector, it is still the outlook look suspiciously about to. As well as the mechanisms by which the legislature adopted in the organization of the solutions to this problem without requiring the private sector to any legal obligations.

This research deals with the idea of inclusion as an exceptional measure granted by the legislator to the administration in order to exercise its administrative authority to redress the damage inflicted by the employee on public money, excluding the jurisdiction of the judiciary in compensation for damages. For the damage was to be an officer prevents the tyranny of the administration of these decisions and to protect the public employee and at the same time we keep public money from harm .
The inclusion law, which established the basis for the right of management in inclusion, clarifies the procedures for including employees, indicating the necessity of finding a committee for inclusion which is a problem of authority determined by the provisions of the law, indicating the mechanism of implementation of these decisions. Arbitrariness in the use of this extraordinary power by opening an appeal to the courts in all matters related to the legality of the inclusion decision .

This research deals with the idea of inclusion as an exceptional measure granted by the legislator to the administration in order to exercise its administrative authority to redress the damage inflicted by the employee on public money, excluding the jurisdiction of the judiciary in compensation for damages. For the damage was to be an officer prevents the tyranny of the administration of these decisions and to protect the public employee and at the same time we keep public money from harm .
The inclusion law, which established the basis for the right of management in inclusion, clarifies the procedures for including employees, indicating the necessity of finding a committee for inclusion which is a problem of authority determined by the provisions of the law, indicating the mechanism of implementation of these decisions. Arbitrariness in the use of this extraordinary power by opening an appeal to the courts in all matters related to the legality of the inclusion decision .

Basically , It can be said that the appearance of the so-called Islamic State of Iraq and the Levant goes back to the local and regional reasons, along with the US occupation of Iraq output in 2003, which led to political instability and divisions and protests. In addition to the turmoil in the Syrian situation after the events of the so-called Arab Spring demonstrations turned to acts of armed violence was out of control as well as covert support for this organization. This abnormal situation in the region has enabled the terrorist Isis to extend their control over large areas of the two countries geographically. This situation is imposing a serious reality represent the brutality unequaled and barbarism that her organization and the exploitation of modern media outlets and using them to his advantage, which is obligatory for the countries concerned to develop strategies and tactics for security and Intelligence to fight it militarily and eliminate it intellectually, and drain its resources financially and curtail media these and other means would be unless efforts internationally in combat.

Environmental problems have proved that it differs strongly from the other problems that the modern world has faced and accustomed to handle and sometimes co-exist in the shadow, because the danger in environmental problems, global threat to humanity as a whole, and the importance of this study, through dealing with one of the themes of the times has become a prominent phenomenon feature tag that is, the subject of the damage caused by the increase in the ozone hole and raised from the economic and legal health problems, and perhaps the most prominent of legally certainly is civil liability for damage to the ozone hole, considering that this responsibility form the legal penalty for this illegal act which is intended which algebra and remove damage to Palmdharor of her puppies, especially if we take into account that this damage may cause harm to society at large, which is what is happening now.
The importance of the subject also seem in a statement the person responsible for compensating the damages caused by the hole Aluzunah? Did offers traditional codes of civil law protection for Mdharuren in this kind of dangerous and that may cause damage to people's lives?
This study also seeks to develop a kind of rooting for one of the most important images of civil liability, namely civil liability for damage hole Aluzunah especially after the outbreak of this phenomenon and the damage caused to society by searching for the foundation upon which this responsibility and attempt to release the bases and their effects.
We try in this modest study to answer that question: Is it enough to the general rules of responsibility to contain the damage hole Aluzunah? Or to be searching for a special legal regulation of this responsibility?
Perhaps this question is the most important thing posed by this study, which is to search for the basis of a new civil liability under the linkage between the various rules in order to reach legal solutions to help cope with the enormous development that surrounds the human being in the present era of the hand and on the other hand, for the purpose of questioning the cause for damages induced as part of a wider error in personal responsibility because the latter system was unable to determine the identity of the official, especially after a series of widening cumulative damage and keep away from the direct source, and the difficulty of knowing the materials used in the initial production phase.
We also tried the division of this research over three sections we dealt with in the first part, the nature of the damage arising from AluzunahAluzunah hole. The second section was dedicated to discuss the staff of this responsibility, and Arzina in the third section of the statement of its impact punished a compensation.