Journal of college of Law for Legal and Political Sciences

This research reaches for the creditor’s options to guarantee the collection of his right by a commercial paper, a bill of exchange or a promissory note or a cheque. Through showing the aspects of similarity and dissimilarity, insofar as enable the creditor to choose the more convenient paper to guarantee his right. Concluding that the accepted bill of exchange with the consecration of its fund is the more convenient paper for the debts of long terms. While the certified cheque is considered the best for the debts of short terms. With the usefulness of the promissory note, in second degree.

Sovereignty has always been considered, for a long period of time, the cornerstone of state building, and a basic principle in the general state law that was characterized by stability and firmness. However, the major transformations and developments that took place in the international arena at the beginning of the last century have changed the course of many international transactions, and have shaken many traditional and basic concepts. The premise is the concept of sovereignty and non-interference in the internal affairs of states, as well as the emergence of a new concept based on human security from all military and non-military threats such as economic crises, diseases, hunger, poverty, terrorism, drugs, environmental pollution, and everything that would disturb the elite and human security, unlike the security of states, which was based on external threats of a military nature, this concept did not come as a substitute for state security, but rather a complement to it and making it more effective.

The research highlights the issue of health release and the extent to which it is necessary to acknowledge the convict suffering from a serious illness that threatens his life and the lives of others, while the execution of the sentence. And whether his admission of it is a contravention of the purposes and uses of the penalty or not? Is it fair and humane to continue carrying out the punishment against a convict suffering from a serious illness or disease that makes him unable to comprehend the concept of rehabilitation, which is one of the most important purposes of punishment?!So, we dealt with this subject through two sections, we dedicated the first topic to the nature of health release, and we dedicated the second topic to the position of punitive laws on the juridical nature of health release and its conditions.

The study of Chinese political thought with its modern ideological and reformist tendencies depends on a number of basic characteristics that distinguished it from the rest of the trends as a result of the circumstances and challenges that faced the individual, society and the state in China. The second trend is the reformist trend, which was represented by the four presidents (Deng Xiaoping - Jiang Zemin - Hu Jintao - Xi Jiping).

The perfume industry is a vital element for the economy, but for the global culture, as its role is not limited to the economic entity as a material influence only, but rather the perfume is seen as a masterpiece of value, albeit moral, given the deep psychological impact of perfumes, and based on this importance, perfumes have stirred many From the controversy over the extent to which it can be protected by copyright law along with other branches of intellectual property such as patent and trademark law, as well as the extent to which the two legal protection clauses of copyright law can be applied to perfumes, which made judicial rulings in an unresolved contradiction in the extent to which perfume can be protected by law Whether or not copyright is protected as intellectual works produced by the economic importance of perfumes

With the increase in divorce cases, which are almost becoming a phenomenon in society, this research focuses on explaining the most important preventive and remedial means that can reduce as much as possible from its occurrence or complete it if it occurs, which is what we decided to clarify through two sections in this research, showing In the first, the concept of divorce and the evidence of its legitimacy, then we touched on the most important precautionary means prior to the conclusion of the marriage contract and subsequent to it, which include the proper selection of the spouses, and medical examination, with the awareness programs that some countries have taken care of, such as the United Arab Emirates, and then the post-marriage preventive means, which include Attempts to reconcile and reform by one of the spouses, and other measures, then we dealt with the remedial means to prevent the occurrence of divorce and after its occurrence that prevent its occurrence, including the testimony of divorce and at the time of divorce, and the ruling that divorce does not take place in certain cases, including uttering the three divorces and considering it as one, and other cases that he adopted Both the Iraqi legislators and the United Arab Emirates,

The market maker is one of the important parties within the stock market, on which the market relies heavily in restoring the balance of supply with demand to prevent the market collapse by providing an investor (buyer) for securities that there is no interest for buying it , or by selling securities including It achieves liquidity that helps in stabilizing market conditions, and in view of this great importance, the work of the market maker requires several legal conditions in order to perform his work properly, and these conditions are represented by the technical and financial aspects

The origin in use is the truth, i.e. the use of the agency contract in its true sense and the elements and conditions it contains. Among them is the right of the person to dismiss his agent. However, this right is not an absolute right, and the person may not use it at any time. Rather, it is a restricted right that the agency’s right is not related to a third party. Some laws have prohibited this right to the agent and obligated him to maintain his agency if it is also related to the rights of others. In the case that this matter is achieved (the agency is related to the right of others), the person was not able to dismiss his agent, and the agent's right is restricted to his own dismissal in order to preserve the interests of others.The source of this right may be the legal legislation or the agreement of the two parties. However, the Agency did not regulate independently. We did not find a reference to it except in some texts in particular and some judicial decisions, and it did not receive sufficient attention from Iraqi legal jurisprudence. Likewise, Islamic law granted the right to the person to stop the agent or dismiss him whenever he wanted, except in some cases, when the agency relates to the right of the agent or others, or in some agencies called periodic agencies, although there is some difference between the jurists in terms of being permissible legally or not.Therefore, we find that the term irrevocable agency is not clear and ambiguous, especially since some special texts referred to it in a simple way. Note that the Iraqi legislator relied on Islamic jurisprudence in many of his legislations.

The decision to hire a civil case is one of the temporary decisions granted by the legislator to the judge to take with his discretionary authority. The purpose of this decision is to decide on a preliminary issue on which the decision of the delayed case depends. It is one of the procedural licenses granted to the judge. Explicit and implicit in addition to the technical basis, this decision is made according to conditions necessary for its validity, otherwise the decision will be challenged by discrimination, and this is a guarantee approved by the legislator for the litigants, as the decision to hire is a testimony to the inadaquacy of the case for adjudication before the decision on the initial issue, this decision can be repeated because there is no legal text prohibiting this, where the case in the case of retirement in a state of stagnation even though it exists, therefore it is forbidden to make any action except for urgent measures that do not affect the origin of the right, and the procedural deadlines in it stand, and this retirement does not remain indefinitely, but ends with the settlement of the initial issue for which the lawsuit was postponed or after a certain period of time has elapsed.

Illegal immigration is essentially a humanitarian, social, political and legal issue, and that it represents an essential part of the issues of human social and political existence, and that it is a security issue, because the concept of security is relative, variable and complex, and it has several dimensions and various levels, subjected to direct and indirect challenges and threats from Various sources, the state is now facing several types of threat sources, which are not necessarily military sources, including the issue of illegal immigration, which is one of the sources of threats to the security of states, and many state legislations have addressed the phenomenon of illegal immigration, and that a number of countries did not have plans The means to successfully manage the files, which led to their political, economic or security failure, which prompted individuals to illegally emigrate

This research deals with how to invest the proceeds of waqf funds in the purchase of commercial companies’ shares, as a contemporary way to invest waqf funds, based on the problem of not regulating this issue in Iraqi law, despite its importance in the development of waqf funds, and thus this research aims to reach the optimal legal regulation for investing the proceeds of waqf funds in the purchase of commercial companies’ shares by benefiting from the experiences of the leading countries in this field, based on the comparative analytical approach. We concluded within the research that one of the most important legal controls for investing in the shares of commercial companies is that the shares do not belong to companies based on prohibited activities, and that buying or selling in the financial markets does not involve gambling, and not investing in preferred stocks. Among the most important recommendations that we made, the need for the Iraqi legislator to legislate a law to invest waqf funds, including investing the waqf funds’ proceeds in the purchase of shares and to regulate investment controls with explicit texts in line with developments in this field.

The Council of Ministers enjoys wide powers in countries with parliamentary systems, but these powers are determined by the constitution in the country and limits them in some cases, especially in the exceptional circumstances that the country is going through. The parliamentary system, which is one of the topics of great importance, especially in the federal states, as well as the means by which these powers are extended to the Council of Ministers based on the foundations and principles on which the parliamentary system is based. The permanent constitution of 2005 stipulated the powers of the Prime Minister and the powers of the Council of Ministers in Chapter Three within the federal institutions That is in the second chapter of it.

Disciplinary responsibility is related to the job system in which the employee works, and it is represented in a set of commands and prohibitions regulating the work to be accomplished. Disciplinary responsibility, and therefore the appropriate punishment.It is agreed that disciplinary violations in administrative law are not subject to the principle (no crime without a text), but are mentioned by the legislator, for example, and not limited to, because of the nature of the administrative activity that is difficult to count or foresee in advance. As for disciplinary penalties, they are exclusively within the jurisdiction of the legislator. As it is subject to the principle (no penalty except with a text) and the previous principle is applied in all branches of law.

Spousal alimony is one of the wife’s financial rights over her husband by virtue of Sharia and law, in order to maintain marital life, affection and love between the spouses and family members. It is necessary to maintain the balance of the family. his affairs, and carrying out his duties, as well as taking care of his children, and if her restriction is in the interest of the husband, and whoever is restricted to a right intended for someone else and for his benefit, his maintenance is on this third person, and since the reason is the restriction, it is not considered that she is rich or poor, a Muslim or a woman of another religion, young or old. a valid marriage is according to conditions and controls, but if the marriage contract is corrupt, the wife is not deserves to spousal alimony.

This study tackled an important subject on how to correlate between the international obligations imposed on the state (of Iraq), due to the treaties concluded by the same, with its national legislation and the provisions of these treaties within the national or local legislation. As such, the correlation of criminal law is considered one of the most important and most difficult due to differences in dealing with these correlations by states as a result of differences of their legal systems. Further, these correlations are affected by the nationally stipulated penalties. The national judge can adopt these correlations irrespective of their severity or otherwise. The extent to which the correlation is achieved differs according to the status granted by states to the international and regional treaties, i.e. their rank in the local legal system. On the other hand, the international criminal law aims at promoting international peace and security by addressing the most dangerous crimes on the international community and holding their perpetrators liable through international treaties concluded among countries. In view of the jurisdiction rationemateriaeof International Criminal Court, the scope of its jurisdiction is not restricted on specific regional scope but extends to the international scope in general as it exceeds the national regional scope through the principle of integration. This concept aims at filling the gaps in the national judiciary in the event the state has no intention or ability to hold the perpetrators of the most dangerous and severe crimes liable and in the event of ineffectiveness of correlation between national legislation and the provisions of international criminal treaties. It is noteworthy that the International Criminal Court is not a judicial entity, whichsupersedes all other entities, but an entity similar to all other existing entities. Similarly, the International Criminal Court is not an alternative for the national law but complementary to the same. In this respect, it is not held in its own, but intervenes into dispute upon the failure or default of national law. Therefore, we can clearly see the great importance of correlating national legislation; their application of international criminal treaties' provisions and the works of these treaties in unification of material and moral structure of addressing crimes; reaching at an international consensus in the national legislation for the criminal models of the pertinent legislative provisions related to criminalization and penalties.

The principle of legal extension extends the term of the lease and creates a fact that the lease contract continues despite the expiry of its term and despite the lessor's unwillingness to renew or extend it, thus, this principle raises doubt about the nature of the right that the lessee enjoys, whether it is a personal or real right. This reality necessitates studying the characteristics of the lessee's right in light of the legal extension of the lease contract. Also, the real estate lease law that in force in the Kurdistan Region - Iraq has included fundamental amendments to the provisions of the Iraqi real estate lease law and approved new provisions, while retaining other provisions that are not commensurate with these amendments. One of the most important results of this study is that the legal extension applies to the original lease contract and the sub-lease contract, as well as the case for waiver of lease, as the assignee can adhere to the legal extension if he continues to occupy the real estate while carrying out his contractual obligations. Likewise, the guarantees do not transfer to the lease contract renewed by law, in light of real estate lease law that in force in the Kurdistan Region - Iraq, and this is due to the fact that the lease contract has expired with the end of its term and the guarantees expire accordingly by virtue of its dependency, as for the transfer of the guarantees there must be a new agreement about it, and if the legislator wanted the guarantees to be transferred, it had to explicitly stipulate this, as is the case with the implicit renewal, or by forcing the parties to the relationship to provide the same guarantees in the renewed lease contract by law. Likewise, the warranty does not transfer to the renewed lease contract by law because the sponsor is not a party to this contract, and the warranty in order to be transferred there must be a new approval from the sponsor. The study also presented some recommendations

The research problem is summarized in answering the following questionsDid the removal of disciplinary punishment take its due from legal research and regulation? Is it possible to remove and reduce disciplinary penalties? Is the thank you book enough to do the job?The importance of proportionality between punishment and protection of the employee from the unfairness of the administration occupies an important position, because of its influence on the performance of the administration and its provision of its services in the best possible way, and to provide and know the best ways to get rid of disciplinary penalties without the need to resort to judicial means, and the objectives of the study are to identify On the definition of erase or delete and thanksgiving and the types of its impact on disciplinary penalties, the subject was studied through three demands. The first dealt with the nature of removing disciplinary punishment, and in a second requirement, the meaning of gratitude was identified, and then a third requirement through which we learned about the penalties that thankfulness removes and the penalties that reduce thanksgiving, and we came to a group Among the conclusions and recommendations, the most important of which was the absence of legislation that accurately defines the removal of disciplinary punishment, nor of legislation restricting the authority of the administration to grant letters of thanks, as it did not show that the employee’s work that deserves thanks is from the core of his work or creative work, and then put some proposals to the legislator To issue legislation regulating this lack of legislation

The idea of an acquired right is broad in scope; Because it is not only limited to the civil rights department, but extends its scope to include the private international law department, but more than that it is a theory rooted in the framework of public law, but despite that, we find that this idea was not of great research interest at the level of civil law jurists and commentators

The Conciliation as one of the alternative means for the judiciary to resolve disputes is an inevitable necessity, as social developments and the large number of administration relations with individuals played a major role in the emergence of alternatives to litigation in approving the rights of the administration and individuals, in addition to the slowness of judicial procedures and its exorbitant expenses, and the dissatisfaction of the litigants with the judgment issued On the part of the judiciary, the litigants are advised to resort to conciliation by agreement governing the relationship between them.

The decision to grant the new leave or not is considered an administrative decision, therefore the above decision should be in accordance with the laws and regulations that contain its provisions. Otherwise, it is defective with a defect that necessitates its withdrawal, modification or cancellation Therefore, a number of guarantees should be available to ensure that the administrative decision does not suffer from defects, perhaps the control is one of the best, as the control upon the works of the administration has varied types, including the administrative control, which its stages and types are many , some of which precede the administrative decision-making and others follow the administrative decision, as the control may be taken on the basis of a grievance or it is conducted by the administration on its own, in addition to the judicial control that is exercised by the specialized administrative judiciary, which may be on the external pillars of the administrative decision or on its internal pillars, thus the nature of the study requires following the analytical style; In order to identify and analyze the texts and judicial rulings that contain them.
The study concluded with a set of results and proposals, the most prominent of which is that the Supervisory Authorities on the decision to grant the new leave are numerous, as well as the administrative control is one of the most important constitutional guarantees that allows to the administration the possibility of canceling, amending or withdrawing the defective administrative decision with one of the defects considered legally, the administrative control is also a guarantee of control. The judiciary control is one of the best control guarantees upon the works of the administration in general and on the decision to grant the new leave or not in particular. The fact that the administrative judiciary in Countries that adopt the dual justice system has specialized experience in the field of administrative work. As for the most prominent proposals, it is to call the Executive Authority (the administration) to strive hard to activate its automatic control and contribute to canceling, amending or withdrawing its defective decisions. In general, the defective decision of the newly created leave with these defects in particular, with its call for full compliance with the decisions and decrees that issued by the Administrative Courts because of their importance in charting the correct path in accordance with the law.

This research deals with the exceptional authority of the criminal judge, as the judge’s authority is limited only to ruling on the case referred to him from the possibility of conducting the judicial investigation in it, but the legislator can, as an exception, initiate the criminal case through direct response if the case referred to him contains things or people that are not included in this Referral, as well as he can initiate the criminal case on the basis of the original case when crimes are committed before him, regardless of their nature, whether they are infractions, misdemeanors or felonies.

This study examines the impact of internal armed conflicts on human rights in view of the fact that these conflicts are excessively violent towards the fundamental rights of the human being, which remain legitimate and unalterable regardless of the circumstances of the state, Therefore, there must be complementary rules that protect human rights, The rules of international law Human rights to limit the impact of these conflicts on human rights and hold accountable those who commit acts that violate human rights such as murder, rape, enslavement and enslavement, which constitute an attack on his human dignity, The study also pointed to the most important international conventions relating to human rights during the internal conflicts and the legal protection provided by these human rights conventions. The study showed the most important violations committed against human beings, especially by the urging daash forces during internal conflicts in Iraq and the extent of legal responsibility resulting from them. The study presented solutions to protect human rights in the event of an armed conflict within the territory of a state.

This study deals with the role of the media in monitoring the work of the administration, and it was found thorough it that the media has a major role in directing public opinion about the activities and actions of the administration in the public interest, the study was divided into tow sections that touched in the first topic with the concept of media, while the study concluded set of conclusions, the most important of which is, the arqi legislator gave the necessary protection to the joumalist or media by granting him many rights and privileges that facilitate his media work, it also concluded with a set of recommendations, the most impotant of which is that the administrative authorities should coordinate with each other and the media intitutions on the work and activities they undertake in order to deliver accurate and correct information to citizens.

Praise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and all his family and companions. As for the following:- This research deals with (contemporary banking applications of retention contracts in the light of Islamic jurisprudence) contracts that have been legislated for the purpose of preserving people’s money and property, and the jurists have called them custody contracts, and the banking system is a system developed in Islam; Because the early Muslims did not know this system as they kept their money with a trustworthy person or kept it in a safe place such as a box, a treasury or a bag, but when the interests of the people multiplied and their money and greed increased in addition to the loss of trust between them, as there was a need to find a system that preserves and guarantees their money in a safe place. Far from the hands of the corrupt and thieves, from here they found the bank system that keeps the money on behalf of its owners, and the bank deals with them through contracts. The research plan was divided into five demands. As for the second requirement, I mentioned the cash deposit contract, and the third requirement mentioned the documentary deposit contract. As for the fourth requirement, I mentioned the deposit contract for iron safes, and as for the fifth requirement, I mentioned the contract for demand deposits, and as for the conclusion, I mentioned a summary that I reached

International organization used to impose international sanctions against the state which shows the most important special principles and aims upon which the organization has been built specially those related to keep international peace and safety because of the development of the position of the individual in the international law. Imposing smart sanctions has become possible on natural individuals who form a threat to international peace and security whether they support terrorism, terrorist activities or armed groups or are partners in practicing those activities by whatever means. The targeted individuals may also be members in the targeted political regime (officials or leaders) and their families, working for the regime or under its supervision in case the political regime practices any activity that threatens international peace and security such as triggering internal conflicts, violation of human rights that accompany such conflicts, or the practice of nuclear activities or the like, all of which form a source of threat to international peace and security. As for non-state entities, there should be either a legal framework, i.e. has legal personality and includes private and public individuals, or it does not have a legal framework.The Security Council directs its decisions to them, namely companies, associations, or private institutions in addition to the parties which are established according to special internal laws. It is supposed that those entities should have a specific purpose and a project behind their establishment. In case their purpose contradicts the project, they will be subject to civil or criminal liability according to the internal law. If these entities commit any activity that violates the objectives of the United Nations, i.e. forms a threat to international peace and security, they will be immediately subject to international smart sanctions. This is on one hand. On the other hand, non-state entities which work outside the legal framework and do not have legal personality are but, side by side with their supporters, armed and terrorist organizations that practice activities against international peace and security. Based on this, international organizations have resorted to the imposition of international sanctions in three cases, namely terrorism, nuclear activities and internal conflicts since these are all viewed as the most threatening cases of international peace and security.

Civil liability is one of the important pillars on which civil law relies in achieving its basic functions, as it is a law aimed at maintaining a balance between debts and protecting the rights of individuals before each other. (the injured and the perpetrator), and civil liability is also one of the most important practical legal issues in the judicial environment, which is practically re-examined in the judicial arenas in the various compensation cases, including civil liability cases against the members of the security facility; The idea of the research is that the implementation of the duties assigned to them by the employees of the security facility may result in an abuse of the authority granted to them under their own laws, whether this is intentionally arising from the exploitation of their job duties or from negligence, and whether the harmful act that resulted from that represents a negative error. Or a positive error, which results in their civil liability and the responsibility of the party they follow for the material and moral damages inflicted on the victim, which makes them liable to accountability, litigation and compensation. The current research was devoted to clarifying the civil responsibility of the security facility's employees, by dividing it into two axesThe first concerns the definition of the civil liability of the security facility, while the second requirement is devoted to identifying the conditions, forms and cases of the facility's responsibility

The dissolution of Parliament and the judicial oversight over the dissolution decision has become one of the issues that occupy a space of interest for specialists in constitutional law, and raise great controversy among the accused in this regard, especially in light of the increasing importance of the constitutional judiciary and the growing role of its role. A constitutional text grants him this competence. The solution here is the penalty for Parliament’s non-compliance with the constitution, as if Parliament does not abide by the constitutional periods specified by the constitution to elect the President of the Republic or assign a Prime Minister. Accordingly, some believe that the judiciary does not need a text that grants it the competence to dissolve Parliament, and in contrast, others believe that the solution is only for the authority that has jurisdiction that granted this right by a constitutional text, and between this and that, the authority of the competent constitutional judiciary in the state is narrowing It expands according to these different opinions, and the constitutional judiciary considers the validity of the dissolution decision by considering the case in the ways determined by the constitutions in different countries. And the limitations of the resolution of the solution and its freedom from defects that can invalidate it.