Basra studies journal

If we are to maintain the principle of procedural legality witout exaggerating the pace of procedural sanctions because they take a lot of effort and time, alternative methods must be found for the effects of considering the procedures flawed and eliminating their effects once and for all. The procedure is correct if certain conditions are met.
Thus,the problem of research is to find alternative means of sanctions established by legislation for defective criminal procedure ,which would reduce the excessive use of known criminal sanctions and thus maintain the defective procedure after rectification through conversion and not to remove it from criminal proceedings.

The agreement of the external partner with the internal partner to exempt him from all the obligations prior to the sale of the share, arrange the effects on others, as well as its impact on the rest of the partners.
As for others, the external partner remains responsible for all previous obligations or debts to act even if the contract of sale or waiver does not take responsibility for those previous debts, to be borne by the internal partner, whether published by the Registrar of Companies or not published, because this role is contrary to the characteristics of the company in relation to personal liability, unlimited and solidarity, because it is a condition starting and ending.
As for the effect of the exemption from liability on the rest of the partners, this matter was not addressed by the Iraqi legislator or any other legislation. In order to answer this question, a distinction should be made between the partner who knows the condition and the good partner who is not aware of it. Does not apply to the partner's good faith, so if the partner is harmed by the previous obligations of the company, he can refer to this partner, as a partner in solidarity with him at the time of the commitment.
As for the partner who knows the condition, it is valid to face him as long as he agrees, so he can not return to this partner anything, but will return to the partner in accordance with the same condition, and at the same time the partner can go back to the partner who knows the condition, if Has been submitted for review by a former creditor due to his previous obligations.

Political parties were one of the most important elements of a democratic state, without them we can't say that there can be a democratic system of rule, because of their functions, objectives and tasks in those systems. However, those functions and tasks should not go beyond the legal frameworks prescribed by law. Otherwise, it is outlawed, which require responsibility and punishment.
From here, we dealt with the criminal responsibility of political parties, in Iraqi legislation compared to French legislation as a basis for this study, in order to deepen the research in order to reach the best legislative solutions. The study dealt with the legal basis and the conditions of criminal responsibility for political parties. In the second part, we discussed the legal consequences of the imposition of this criminal responsibility on political parties. We concluded our study with the most important conclusions, and attached to each conclusion a recommendation.

The crimes of armed gangs take outstanding interest in the Iraqi criminal Law and the comparative laws as these crimes create great danger due the horrible results arising from them that may damage the security of the State and the Nation and their inner stability. The Iraqi Law has enacted the Article (194) of the Iraqi Criminal Law No. (111) of the year 1969, amended, to criminalize armed gangs and has deemed it one of the crimes that violate the State’s Security ; thereafter, the Iraqi Law enacted the Anti-terrorism Act No. (13) in the year 2005 entering the crimes of the armed gangs in its legal texts and made these crimes of the Terrorist Crimes which , in turn, resulted in a kind of shock in the legal description of these crimes. The present research tries to indicate these crimes by regarding them as crimes against the State, and in the other way by regarding them as terrorism crimes.

Despite the multiplicity of elements of suspect rights in regard to privacy, but his due right of body and life protection represents the most fundamental element which touches his being and his relation to the external community in case that part of privacy could have ever been violated. Therefore, the criminal justice project sought hard to safeguard, finding the sufficient means to protect from any right violations that the official authorities might exert during criminal investigations and interrogation in their undertakings for attaining the truth or identifying criminal.
To put forward governing principles and conditions, including the conditions for interrogating suspects as one of the procedures undertaken by interrogation authorities represented by interrogation judges, the authorities are fully aware based on this understanding the crucial necessity to investigate privacy condition during this procedure.
The importance of this topic has multiple characteristics as it represents the mean to approve and validate criminal defence measures, however, it could become a possible means to torture suspects based on the excuse of solving crimes and identify the criminal on whom the investigation takes place.
Although the Iraqi legal project organizes this process of interrogation, but in some of its legal articles, some of the procedures have neglected some of the procedures that could safeguard the suspects from bodily torture and harm. Such procedures have been addressed from a legal point of view to update the legal project and bridge its legal gaps.

In 2005,the constitution of Iraq republic declared to establish of plenary authority in order to assign united imports .The Iraqi Law has organized this authority in accordance to construction and organizational framework .The Law also to make this authority administrative and financial and to connect with parliamentary council that is placed in Baghdad . The plenary authority can perform many tasks regarding to justice distribution of united imports for the country which was found by these imports .The Law of plenary authority for assignment the counties mintions to these imports which include Oil and gas production, besides the grants and benefits from their imports of country which can be obtained by the un organization all counties and governors in accordance to the law .The authority guarantees a distribution of the imports between counties and un organizational governors to achieve trans pare lay and justice for all rights the countries and governors . this Leads to an economic stability that aims to achieve common weal and benefits for all Iraqi people in accordance to obligational reasons of legislation of the Law plenary authority .To arraign the high light on legal circumstance which organizes the plenary authority,this authority should assign the united imports depends on the legal organization and administrative framework. This helps to explain the legal adaptation which can be determined through these imports with regard to their role for controlling the united assignments.

This study deals with legal frameworks for the protection of witnesses in the light of crimes of terrorism and financial and administrative corruption. By highlighting the legal protection systems guaranteed by Iraqi legislation compared to Algerian and French legislation, With a view to regulating matters relating to the protection of witnesses, especially in the crimes of terrorism and financial and administrative corruption in light of the serious trends of the crime, Encouraging people to testify in these crimes, The study was divided into two topics. The first section dealt with the concept of witness in the criminal case, Protection of witnesses for crimes of terrorism and corruption in international conventions and national legislation. The second section deals with the legal measures to protect witnesses and the provisions for granting them.
A set of conclusions and recommendations have been reached, although the Iraqi legislator has taken an important step in the field of witness protection by promulgating the Law on the Protection of Witnesses, Experts, Informants and Victims No. 58 of 2017, However, the latter still suffers from some legislative deficiencies. In doing so, we call on the Iraqi legislator to make a serious and genuine attempt to seek to frame modern systems and legal programs for the protection of witnesses objectively and procedurally, and to provide adequate legal measures and guarantees to facilitate the task of giving testimony comfortably and safely.

Judicial notices are an important part of civil litigation. They achieve the principle of confrontation between adversaries for equal opportunities between the prosecution and the defense. Due to this, judicial notices must be characterized by speed and accuracy, and this is not achieved in light of the use of traditional means of conducting notifications. Due to the speed of communication, low cost and ease of use, but to use these means in the filing of judicial notices, there must be a legal basis on which to make judicial notices. These means.
In order to work by electronic means in the conduct of judicial notices we see the need for the Iraqi legislator to intervene through the amendment of the Code of Civil Procedure and give these legal means and legal adoption explicitly in judicial notices, and we believe that the elements of the success of this idea is available, and what is lacking the success of this idea is the administrative organization And financial.

The sale and purchase of securities through the issuance of orders from the investor through the Internet, to enter on the website prepared by the mediator, which was contracted between him and the investor, licensed by the stock market, and begin the process of trading issue the order by the investor, The Investor's Account, the time of entering the order, and includes a specific security, and issue the order to buy and sell through the website. And this shall be in accordance with conditions prepared by the market and by the mediator, and orders on each type as appropriate in the market, and the process ends with the implementation of orders in accordance with the settlement of orders for sale and purchase.

The purpose of our research is to explain the subsequent practices or agreements issued by the States Parties after the entry into force of the original Treaty and the obligation of the States Parties thereto. Are these subsequent agreements or practices considered as an interpretation of the original Treaty, highlighting their impact on the original Treaty and the effectiveness The rule of non-retroactivity of treaties in the l ight of these subsequent practices or agreements, and their impact on non-parties to the original treaty, especially that the Vienna Convention on the Law of Treaties has clarified the framework and content of the basic rules in the interpretation of treaties, Subsequent Agreements or Subsequent Practices (Subsequent Conduct) The General International Law Commission at its 68th session for the year 2016 and its significance in the interpretation of the original treaties concluded by the States Parties This is explained by the application of general rules and interpretative doctrines and the mechanism for their interpretation of the legal obligation of such agreements Or subsequent practices and withdrawal of their effect on the original treaty