Journal of college of Law for Legal and Political Sciences

The immunities and privileges that the international custom and international conventions have agreed on granting them to members of diplomatic bodies, including in particular criminal protection were not a product of the modern era. Rather, it accompanied the diplomatic work from the stage of itinerant diplomacy through the system of permanent diplomatic representation, whose foundations were laid by the Westphalia Conference in 1846, . The system of diplomatic theory that took root after Vienna Conference in 1815 came next until the outbreak of the First World War and the end of the emergence of modern diplomacy after the First and Second World Wars and until now . The era that witnessed the emergence and collapse of many regimes and states accompanied international and regional blocs after the establishment of the League of Nations and the United Nations. Nevertheless, the successive developments that the world has witnessed in recent decades in the field of political, military, economic and security reflected in their implications for diplomatic representation. And what requires criminal protection for members , who have heavy burdens, of diplomatic missions to ensure the best performance in what they care about in terms of monitoring international events and variables, protecting the interests of their country and cooperating in everything related to this, away from the ghost of fear of criminal accountability on the lands and territories of the countries in which they work. Undoubtedly this goal is attributed to the mutual interests of countries based on the principle of reciprocity. The criminal protection of international missions has been strengthened to become one of the basic principles in the criminal laws of those countries in their both substantive and procedural parts making members of diplomatic bodies do not subject to regional jurisdiction for criminal acts committed on the region by the countries in which they work

The growing of economies size of the states led to wafer of the exchange movement in financial markets, these perfom to reopen new markets to activate shares movement in Global companies all this need to financial mediators which have importance role in acts and International treaties to organize its work. needing to services of mediators push the all projects to concluding many mediation contracts to act behalf of this project in all matters related by markets, in modern age the mediation contract consider from the contract which have International Impact , International Impact , that resulted on importance of commercial agency which used by merchant to practice his activities acrose state International finical mediator consider as cover ston in sale money bills contract, which conclude the contract behalf the Clint which be citizen or foreign .The national acts define the financial meditor and not determine the nature its work and its respon- sibilites upon the contracts which concluding by him and on these contracts instead of that on rules don’t appropriate with the nature of these contracts , the special nature of these contracts require realistic rules adapting with it .

For the sake of the process of life and not being disrupted and the occurrence of differences and conflict between the authority of the regions and the authority of the center, the affairs of citizens and jurisdiction were distributed between the authority of the state and the central and the authority of the regions and local areas. The regions were not specified within the jurisdiction of the central authority. The second method made the powers exclusively for both the central and federal authorities, and the defect of this method is that it is not possible to take note of all matters and developments of life in the state. It is limited to the powers of the central authority, and this method favors the local authorities and weakens them towards the central authority of the state

The wagering contract in the English law is considered as one of the aleatory contracts, encompassing the likelihood of profit or loss, which both the wagering parties may equally enjoy or suffer. And is not restricted to one of them. It is worth-bearing in mind that this contract is concluded between two wagering parties expressing two opposite views concerning the possibility of the occurrence or non-occurrence of a future uncertain event, which may be a past event occasionally, upon the occurrence or non-occurrence of which the profit or loss of a sum of money or a valuable thing. It is worth-noting that the extent to which the validity and enforceability of this contract reaches is variant between the English common law of customary origins, which is unwritten and based upon judicial precedents of the English courts, and the English legislations, the most considerable of which both the gaming Acts of 1845 and 2005. Whereas the Iraqi civil law No. (40) of 1951 considered, as a general rule, the wagering contract as null and void, as it is the case with the gambling contract. But it permits, exceptionally, both the validity and enforceability of the personal wagering between participants of sport games and lottery. It is to be noted that the problem of this piece of research lies in an effort to put forward an obvious legal regulation of the personal wagering contract between participants of sport games, As well as suggesting some relevant recommendations to the Iraqi legislator, the most important of which is the suggestion of a legal regulation.

General principles play an important and effective role in gap-filling CISG. According to Article (7/2) of CISG, they take precedence over private international law rules . What is striking is that it is not defined them in academic studies (according to my knowledge), which they have studied contented with defining it in general. Some of these general principles are provided in one article of CISG, while others are provided in more than one article not necessarily systematically interrelated or contained in one chapter. On the other hand, there is a general principles that can be conclusion from the one article that can be generalized to similar cases.There are multiple approaches to gap-filling. The first approach considers legislation a guarantor of its gap filling, meaning that the process of gap filling is through the text of the legislation itself, which is called the (True code approach). The second approach, called (Meta-code approach), depends on external general principles. The third approach is a mixture of both of the approaches, which is dependent by CISG, with priority given to general principles over private international law rules according to article (7/2) of CISG.
It is worth noting that the general principles of gap-filling of CISG are not resorted to unless the issue falls within the scope of the Convention, and its texts have not settled it. These general principles shall be included in the texts of the convention (such as the principle of good faith, reasonableness, estoppel etc.). As for what is not included in the convention, such as hardship and the rate of interest, the rules of private international law apply

The endowment is one of the ancient institutions that existed since ancient times in Islam, and before Islam, and due to the urgent developments that occur in the world, this led to the existence of disputes in which one of the parties is a foreign element, so each country began to develop appropriate solutions, which leads to finding the appropriate law to apply to the dispute, but Without affecting the legislation and general order of the state to which this dispute is presented, we will therefore discuss the definition of endowment in general, the extent to which endowment laws are compatible with Islamic jurisprudence, the pillars and conditions of endowment, types of endowment, and what is the law to be applied in cases of endowment.

There have been many and widespread crimes and accidents that leave behind great damage reaching a degree of power that make them national disasters that affect many countries of the world and are often committed by unknown persons, i.e. the inability to know the perpetrator of the harmful act is impossible to prove his responsibility for the accident and therefore the inability to return compensation, so many theories appeared On the basis of the responsibility of the unknown person, including theories of presumed error, fixed error, and a theory bearing its consequences, and there are those who have said that it is a responsibility of a special kind

The topic of the research focuses on clarifying the causation of the rulings and decisions of the constitutional judiciary as one of the justifications for the ruling and the operative and one of the basic requirements for the performance of justice, and among the most important basic conditions for achieving quality in rulings on the one hand, and achieving legal and judicial security on the other hand, by instilling confidence in the judiciary and peace of mind. Reasoning leads to persuading the parties to the case of the importance of the solution included in the constitutional ruling, and makes them convinced of the justice of the constitutional judiciary, so the sense of justice increases and confidence in the judiciary is established, and distances it from the suspicion of control and tyranny, despite the fact that the constitutional judiciary is not sufficient alone in creating a general sense of justice, achieving stability and giving protection Necessary for rights and freedoms, but it deviates from the basic requirements for building a state of law

The electoral process is considered the democratic way to receive power, and elections are based on the participation of the people to choose their representatives in government, and for many reasons, an individual may fail to participate in the elections and create a state of electoral reluctance. The existence of a relationship between electoral reluctance and the health and integrity of elections, and what are the legal factors that have a role in expanding the number of voters so that they can vote and increase the electoral participation rate? Is there a legislative shortcoming in addressing electoral reluctance? And the extent of the responsibility of the state authorities towards the electoral reluctance. In this research, we began by defining what political participation, electoral participation, and electoral reluctance are, then we separated the legal factors affecting the rate of electoral participation, and then we examined the extent to which electoral reluctance affects the validity of elections and the legitimacy of the authority, then we presented a summary of our conclusions on the subject, and finally we put forward a set of suggestions that serve in the course of parliamentary democracy.

One of the things that deserves to be mentioned and mentioned is the huge leap that occurred in the interest of the international community in the problems of the human and natural environment everywhere in the world, in a way that is almost without precedent in the history of international relations.Certainly, this escalating global interest in environmental problems and issues would not have occurred at such an accelerated pace and at such a level of depth of awareness and awareness, unless this dominant sense of anxiety, but rather fear, was present in its basis because of the deterioration and severe damage that befell those environmental conditions, which foreshadowed the gravest consequences. It is being remedied and these reasons driving it are addressed, and there is broad international agreement that what is happening on the international arena now is closer in its reality to being a fateful war waged by all mankind to save its future and lift the suffering on its shoulders, and that this will only be achieved by collective, coordinated and programmed international action in order to improve conditions Human life on earth, and considering it a bet on the present for the benefit of human generations, may not have been born yet.

Maintaining health security is one of the most important purposes of administrative control, so the administration seeks to take the necessary measures to combat diseases and epidemics, and on this basis, the administration in Iraq, like other countries, has taken a number of measures and measures to confront the Corona pandemic. Including the formation of the crisis cell in accordance with Diwani Order No. 55 of 2020, then the formation of the Supreme Committee for National Health and Safety, and a package of measures and measures have been taken with the aim of maintaining the public health system. The effect of these measures did not extend to restricting the rights and freedoms of individuals that can only be restricted by law based on Article 46 of the Constitution of the Republic of Iraq for the year 2005, but also deprivation in some cases, as this was reflected in economic and social activities. The question here is what is the legitimacy of the decisions issued On confronting the Corona pandemic, what is the legal basis for it and the extent to which it is subject to the oversight of the administrative judiciary. In order to clarify the extent of the legality of the decisions issued by the crisis cell, we discuss the clarification of the legal organization of the crisis cell, the legal basis for its procedures, and the scope of its subjection to the oversight of the administrative judiciary.

The recent research discusses the concept of building peace which became an urgent request more than an other time, especially in a country like Iraq that witnesses different internal and external conflicts and disputes, in particular after 2003, regardless the reasons.Yet, the process of peace building is not as easy as one might expect. No doubt, there are many big challenges encounter this process, whether internally, such as political, religious and social multipility on one hand,and the complexity of the the security, political and economical situation accompanied with the financial and administrative corruption phenomenon on the the other hand. Or the external challenges such as the territorial and international interferences. Peace building process can not be achieved unless the political elite be characterized by the sufficient social and political awareness that enables it to control this conflict and turn it into peace, and then to work on enhancing the peace bases through adopting strategies related to social, cultural, economical and political mechanisms that support this peace, and put an end to the conflict.

The principle of the rule of law finds wide popularity at the domestic and international levels without a precise definition of the meaning of the term, at the national level, the rule of national law requires the existence of a government based on laws, the supremacy of domestic law, equality before the law, and leads to the strengthening of the rules-based international order. By applying these principles at the international level, to increase the predictability of behaviour, to prevent arbitrariness and to ensure respect for the foundations of equity, as well as that the rule of international law will be a tool for peacebuilding and the protection of human rights, it is currently seen as a tool for the prevention or resolution of conflicts as well as for their protection of human rights from any violation

Freedom of travel is of particular importance because it relates to one of the rights enshrined in the Constitution and regulated by laws. Depriving a person of the freedom to travel constitutes a legal violation that has an impact on the personal and social considerations of the person prohibited from traveling, as well as its impact on his financial situation, and this may cause material and moral damages to the person who is prohibited from traveling. However, there may be grounds for restricting the freedom of travel of a particular person for a certain period of time. Travel bans within the scope of civil procedures can be envisaged in relation to the Pleadings Act, which authorized travel bans as one of the issues limited to the judiciary and at the request of the plaintiff towards the defendant, The same applies to the Execution Law, which allows the just executor to prevent the debtor from traveling at the request of the creditor if it is proven that he is trying to escape from paying the debt by travel, provided that sufficient legal guarantees are provided to protect the rights of the person prohibited from traveling.

Research on the physician's criminal responsibility for medical experiments that are conducted in the field of genetic engineering techniques have a great importance, because experiments are considered among the medical interventions that cannot be avoided for the advancement of medical sciences, and these experiments in the field of genetic engineering varied to include gene therapy experiments, and modification of characteristics genetic eugenics and human cloning experiments, and stem cells, through which genetic diseases can be eliminated or prevented, but the necessity of genetic engineering experiments by doctors, it does not prevent its harmful effects that would prejudice the sanctity of the human body, nor does it mean that the field is left open for doctors to decide how to perform it, despite the law’s recognition of doctors the right to search for new ways to treat diseases, but in the end the doctor is a human being and every person can slip in the way wrong behavior that does not comply with the law in the absence of legal conditions that determine the conduct of these experiments, which leads to raising the doctor’s criminal responsibility for these experiments, especially in countries whose laws did not regulate medical experiments on the human body, including Iraq. Despite the text of international conventions and covenants on some of these the conditions, the human body is above being a field for experiments or being used as a means to achieve or satisfy the scientific desires of doctors, which requires a balance between the individual’s interest in protecting his body on the one hand and the interest of medical science in progress and research on the other hand, by explaining these experiences, their conditions, types and forms of responsibility the penal doctor about it, and this is what we will do by dividing the research into three sections: the first: we will explain the definition of criminal responsibility and the scientific experiment, and the second: he reviews the conditions of the scientific experiment in the field of genetic engineering techniques, and the third we devote to discussing images of the physician's criminal responsibility for medical experiments in field of genetic engineering techniques.

The study seeks to achieve a primary goal, including the search for the historical development of assignment and exemption from administrative positions (higher leadership), and the search for the legal nature of assignment and exemption for administrative positions in Iraq, how the assignment and exemption of administrative positions in Iraq, and the statement of the legal basis for oversight over exemption Assignment and its impact on the holders of administrative positions in Iraq, in order to answer all the advanced questions and prove hypotheses on the one hand, and for the purposes of covering the subject of the study in all its aspects on the other hand, we will adopt the principle of combining the inductive scientific method, with reliance on the analytical method in presenting some ideas and special provisions With the hypotheses addressed in the study, relying on the method of comparison between Iraqi law to draw conclusions that can benefit us in the framework of Iraqi law in particular. Finally, the study reached a set of results, the most important of which is that the allocation and removal of leadership positions in central and local administrations differ in their legal nature, and the administrations modify them according to For its understanding of the legal texts that deal with its institutions in order to end the employee's relationship with his boss. The position he holds, on the other hand, can exercise immunity through two different wills, depending on his circumstances and ability to comply with the law, through administrative procedures by issuing an order to dismiss an employee. from a position held for specific legal reasons, and then reinstate them to their previous positions. In the process of appointment and dismissal of leadership positions in the Civil Service Act, the issues of previous management positions and their removal are specially regulated, and the effect of this removal decisions are regulated by maintaining the exclusion of employees. A position prior to the assignment assigned to this position or a prior assignment to the job specification should not be used to accurately fill an agency position, except in the narrowest extent and under certain circumstances, and the staff member to whom the agency is assigned is from the same department or because he understands administrative details and has managerial experience, has served in Relevant departments for a while, is known for his discipline, efficiency and demeanor. The recommendations made by the taxpayers help in improving the service performance of a facility or department, increasing production and eliminating administrative bureaucracy (administrative procedures) in their department to follow up on the implementation of the recommendations submitted by its chief to the Council of Ministers to ensure good job performance and jobs designated to increase services provided to the public and provide solutions to problems facing public utilities

The advent of the Internet world has caused a wide and fundamental change in social life in light of the tremendous development of media, communication and information transfer, and shortened time and space, thanks to which the world has become a small global village, whose effects are reflected on multiple dimensions, the most important of which is the legal dimension, and defining legal responsibilities between the user, the recipient and the workers On websites via the Internet, and perhaps the most prominent thing made possible by the developments of modern technology is the emergence of social networking sites such as Facebook, WhatsApp, Twitter and other sites that have become an integral part of our daily lives.In view of the importance of the great impact left by those sites in prejudicing the rights and freedoms of others through the information content presented to them and the absence of legal regulatory rules to regulate life on this virtual world and to define the tasks and obligations of those in charge of managing these sites, which are characterized by a technical and artistic nature that almost overlapping roles in each other Therefore, the subject of our current study was chosen to stand on the foundations of the civil responsibility of the moderators of social networking sites and to know the extent to which the traditional rules apply to them in the Iraqi legislation

: The subject of the internal determinants of the Russian strategy since 1991 is one of the topics that has not been highlighted as it should be, so this study came to show the impact of these determinants in the Russian strategy, starting with the geographical determinant, which constituted a catalyst and concern for Russian decision-makers, since the area occupied by the Russian Federation is the largest in The world, in addition to the demographic determinants that can be monitored in the expansionist Russian culture that was crystallized by the imperial mentality, in addition to the determinants of national identity whose mechanisms constituted a source of controversy, because reconciling basic concepts such as “the people”, “the nation” and “the empire” entails serious risks. For society and the state in the Russian strategic vocabulary, as well as the economic determinants that centered around the availability of huge wealth of oil, natural gas and other resources that were not invested properly, in addition to the military determinants that constituted an obsession among decision-makers in the Russian Federation after the Russian state became incapacitated in the nineties For the payment of salaries to soldiers and military leaders.

In view of the terrorist gangs of ISIS committing serious crimes in Iraq and the rest of the world, which lead to the destabilization of the security situation and its stability within society and the fears it raises among the people residing on the land of the state, this matter requires us to shed light on how to hold them accountable and establish their criminal responsibility and prevent their escape From punishment, in addition to knowing the situation of terrorist gangs, the nature of their work, the source of their funding, and the mechanism of their extremist thinking in exchange for the criminal acts they do, which are criminalized by the law in all aspects. The crimes committed by them, and do those crimes committed fall within the framework of the Iraqi Penal Code No. (111) of 1969 and the Anti-Terrorism Law No. 13 of 2005, and the imposition of just punishment in accordance with the law towards these gangs as a result of the brutal and heinous crimes they are doing against defenseless civilians and government institutions within the region belonging to that country, and since the Iraqi lands were witnessing an increase in terrorist operations by some outlaws, who It is also an international violation of what was stated in international law and international agreements, which confirmed their interest in human rights from any violation, as terrorist acts carried out by extremist organizations in the world take a large part of the attention of jurists of international law and criminal law because this phenomenon poses a serious danger to society As a result of the assault on life and physical integrity0

God Almighty has legislated marriage and made it one of the noblest contracts that a person seeks to conclude in his life، and in return he permitted resorting to divorce and separation between spouses، including khula’، if the continuation of marital life between the two parties is not possible. The holy man made for each of the spouses salvation from a husband who cannot live with him، the husband can divorce and the wife can divorce، and custom has an impact on the divorce in terms of the formula of the divorce because it changes with the change of time and place and the different customs of people

Selling through seasonal liquidation is one of the types of commercial sales directed to the consumer public that merchants resort to at the end of each season as an attempt to encourage the consumer and to dispose of goods by announcing real reductions in the prices of goods and services. Most of the countries organizing this type of sales, whether through their commercial laws or through special laws, have emphasized the necessity of practicing the sale in accordance with the legal rules laid down. These rules are represented in the form of duties incumbent on the trader, and these duties are divided into duties before obtaining a license and duties. After obtaining the license, and despite its importance this type of sales being a frequent occurrence in practical life, we did not find it regulated within the effective Iraqi Trade Law No. (30) of 1984 or within an independent law other than the previous Iraqi Trade Law No. (149) for the year 1970 in which it was the object of great interest because it protects the consumer and the merchant at the same time.

Domestic violence is one of the widespread behavioral phenomena, which may not be devoid of any society, especially the Iraqi society, and it is one of the important topics because of the clear contradiction it carries between the supposed affection and tenderness of the members of the same family towards each other, and what the violent crimes carry. From harm to people who are supposed to be provided with love and care, especially since the impact of violence within the family is not limited to the perpetrator and the victim only, but affects all family members, and then soc

It is self-evident to say that the sanctity of the private life of the individual is one of the most important rights that the legislator always works to protect and to combat and confront all acts that may violate the human right to the confidentiality of his private life. It would violate the privacy of others. This study also represents another task, which is the attack and its departure from its traditional framework to the modern framework according to the development witnessed by the world in the fields of communications and information technology. The importance of the criminal law has emerged as the most appropriate means to confront these violations and protect society from their dangers, and as a result of public anger over these negative effects of modern technology, the legislator in many countries of the world began to adopt comparisons and legislative texts criminalizing activities and images of bullying and electronic violence, To clarify the nature and scope of this crime as a modern crime. In this study, we used the analytical method by analyzing the texts of the penal laws related to the protection of private life by highlighting them, identifying their weaknesses, and eliciting our findings. Briefing on this subject requires research in the general framework of the study in terms of the general problem, its importance, objectives and the limits of the study, as we explained the concept of violating private life through electronic means and the legal nature of it

Individuals were considered beneficiaries but not rights holders, as they were considered subjects of protection but not actual subjects of international human rights law or international humanitarian law, with regard to compensation, but later they received a great deal of attention at the national and international levels, and it is no longer acceptable to focus on human rights without considering the right of the victim, a path that has moved from a complete lack of the simplest roles and the exercise of all rights that can be returned to them by the state to determine a category Victims and their participation as independent of the State.The rights that human beings must enjoy in light of rapid international changes are the only way to stabilize States internally and to support and stabilize international peace and security.he rights of victims are one of the most important topics of international law at the national and international levels as they have not received enough attention, and a set of rights have been recognized for them, which were not aware of them in previous periods, as the rights of this category have often been ignored, as they were absent from participating in the trials held for perpetrators of international crimes and their role did not exceed the limit of testifying, and there was no balance between the category of victims and the category of accuse.The rights of victims include the right to protection, the right to participate in proceedings, the right to representation, and the right to reparation

Judicial security is one of the modern concepts that states work to achieve by providing the basic elements to achieve them. Judicial security is one of the important elements in achieving the legal state, The fact that the judiciary is the protector of the rights and freedom of individuals, and this is achieved through the rulings it issues during the consideration of the disputes brought before it. These rulings are based on the legal rules and the impartiality of the judicial authority that achieves judicial security in the state and gives reassurance to the souls of individuals regarding what it will issue. Judgments in cases brought before it.Through this study, we will address the concept of judicial security through its broad and narrow definition, the extent of the seriousness of jurisprudence on judicial security, and what are the mechanisms to achieve judicial security.