Journal of college of Law for Legal and Political Sciences

The phenomenon of the presence of foreigners inside Iraq has spread dramatically after 2003, so much as it can be said that there is hardly a province or region devoid of this phenomenon, which prompted researchers and specialists to conduct research and studies that dealt with their numbers, and the effects of their presence in legal, economic, social and political aspects on Iraqi society. From this point of view, and as far as Iraq is concerned, it is necessary to study the ways and manner in which a foreigner enters Iraq in light of the Residence Law No. 76 of 2017, and when this foreigner becomes a violation of the Residence Law, as well as the procedures to be taken against anyone who harbors foreigners in violation of the law, As well as the most effective means by which these cases can be addressed

In accordance with the principle of legality of crimes and penalties, the judge shall abide by the provisions of the Penal Code and shall not punish the accused unless it is fully covered by a provision of criminalization, and on the other hand, the accused shall not be acquitted if the fact that he committed falls under the scope of criminalization. The principle of legality also requires the judge to determine the proper legal adaptation of the case and to build his case on the applicable text of the case, and the judge, when pronouncing the sentence, must indicate the availability of the elements required by the law in the case. Respect for the principle of legality requires the judge not to ignore the application of the law in any of its texts and in any description of its description. One of the ways in which the judiciary seeks to achieve its right and to have access to the desired justice is through the conduct of the principle of convenience and its use to give flexibility to the facts before the court in the case, due to its adherence to the principle of in-kind of criminal proceedings and the facts contained in the determination of assignment, The aim is to keep pace with the conditions in which the court is placed, which force it to choose one of two ways to resolve the dispute. Adherence to the legal norms and principles and to all those who have the right to do so without regard to any subsequent tribal conflicts led by the prevailing norms may lead to the lives of dozens of innocent people and the consequences of the prevailing question of revenge in our Eastern societies. Or adjudication of the case to ensure that blood is injected because of clan disputes by harnessing the principle of convenience

The research dealt with the Turkish military intervention in the Libyan crisis, as the Turkish involvement in this crisis constituted an important turning point in the Turkish foreign policy by shifting from a policy of miniaturization in solving problems with neighboring countries to immersion in regional issues and internal conflicts in the Middle East .The research tried to find out the motives for this intervention in terms of explaining the importance of the strategic location occupied by Libya in the Turkish vision and economic interests and the search for the place and the regional rescue, and what are the international and regional determinants of this intervention, and the extent of its reflection on the course of the Libyan crisis.

The United States has taken countermeasures against North Korea, including measures to import and export from North Korea and to stop dealing with North Korean banks because of its nuclear and missile program. North Korea's strategy, the long duration of the imposition of measures, the dictatorship of the North Korean regime, and its domestic trade measures, involving partnerships with the private sector that are not subject to US measures, have all US anti-effectiveness measures did not lead to a halt North Korea's nuclear program

The non-banking commercial papers are of many types, and among its types is the invoice transfer contract, through which the debt is transferred from one creditor to another creditor who takes his place in the debtor’s claim. This contract is resorted to by banking institutions and commercial companies when they need financial liquidity to secure withdrawal requests. As it needs sufficient funds to pay these requests, therefore it resorts to financing institutions, working to give it the debt represented by the bills in exchange for a specific fee, and to replace it in the debtor's demand for the debt.

United Nations to prevent those causes that led to the outbreak of World War II after World War I during the first half of the last century The charter of united nationsin its various chapters and articles , has everything that world needs came out to perform this task, but ther are some obstacles that prevent the performance of the role specified in the charter due to making the executive the outbreak of aggression and wars in the hands of specific countries only , which are the permanent members of the security council , including what is related to the nature of the international system and the dominance of major international and regional powers over the movement of this role in the right direction , including what is related to the united nations’ loss of a capable force that imposes its decisions outside the will of the security council , hich is dominated by the countries that victored in world war II ,durning this dangerous problem , local and regional wars continue to deplete the capabilities and resources of many people and countries , including the people and countries of yemen .

The new leave is one of the newly organized legal concepts, as it should have been behind it to achieve certain purposes; Thus, this research aims to identify the effects of granting the new leave and explain it in detail in terms of its impact vis a vis the employee who enjoys it; To find out the extent of its impact in relation to employee’s rights and obligations, in addition to indicating its impact in relation to the public utility, whether in terms of its impact on the administration in the performance of its tasks, or in terms of its impact on the employee who does not enjoy it or the local people who deal with the public utility, and thus the nature of the study requires following the analytical method; In order to find and analyze the texts attached to it.The study concluded with a set of results and proposals, the most prominent of which is that the effects of the newly created leave incompatible with the principles of equality and equal opportunities stipulated in the constitution, in addition to their conflict and the general origin in the civil service laws, whereas according to the laws of the service, the salary is due to the public employee by undertaking the job work and the tasks assigned to him. The enjoyment of the newly created leave has multiple effects, some of which are related to the employee enjoying it, including those related to the public facility. As for the most prominent proposals, to invite the administration to issue internal controls that are permanent and stable, not temporary, to be changed annually, in line with the nature of its work and the activity specified for leave legally in light of its owners Authentically approved, in a way that contributes to the widening of the positive effects and addressing the negative effects in order to achieve the purpose of the new leave legislation.

This research, under tittle (constitutional amendments, and the possibility of its being a subject to the control of the constitutional judiciary - a comparative study -) came to study the concept of constitutional amendments and the perspective of constitutional jurisprudence and the comparative constitutional judiciary from the legal value of the constitutional restrictions imposed on the authority of the constitutional amendment, and the consideration to being these restrictions as a legal basis for imposing the constitutional judge’s control over the constitutionality of constitutional amendments.
The research touched on the most important judicial applications of the constitutional courts in the United States of America, the Federal Republic of Germany and the Arab Republic of Egypt regarding the constitutional appeals brought before them regarding the validity of the constitutional amendments. Through the sections of this research, in which we relied on the method of comparison and analysis, we tried to identify the points that clarify the similarities and differences between the perspectives of constitutions and the judiciary in these countries. Perhaps the reason for choosing these countries as a topic for comparison as their great constitutional and legal wealth and solid judicial applications that it deepened the experience in the field of judicial control of the constitutionality of laws in general, and the judicial control of constitutional amendments in particular, which can be used to enhance Iraq's early experience in this field. As a result of our study of the applications of the comparative constitutional judiciary, and our analysis of the texts of the Iraqi constitution for the year 2005, it became clear to us that the principle of constitutional inflexibility and supremacy requires that constitutional amendments be subject to the control of the constitutional judiciary.

The trade name is one of the most important elements of merchants, as it works to distinguish the commercial store and the commercial company from the shops and commercial companies that may be suspected of doing the same business. The connection between the shop and the customer. The trade name consists of invisible elements that make up the trade name and legal conditions that must be met in those elements, so the trade name must consist of those elements and according to those conditions if it is to be considered a legal trade name. The research aims to enable the merchant and the commercial company to choose the elements of their trade names according to the elements stipulated by the law, and taking into account the legal conditions that must be met in those elements that make up the trade name, so that the merchant or the company does not fall into something that would invalidate the legality of that trade name.

Concluding commercial contracts remains one of the most prominent transactions prevailing in our time. It is necessary to break into the merchants and consumers in this field and to adopt the Internet as a platform for concluding these transactions, motivated by this to achieve quick profit and expand the sales circle to include the farthest points from consumers, even if it is necessary to cross the borders of the state they take A home for them as long as the information technology does not recognize the idea of political borders and the restrictions they impose in the face of freedom of transactions and movement in a way that provides customers with advanced means to advertise goods and services. Therefore, the online sales contract appeared, which was defined by some legislations in their own laws, such as the Iraqi legislator, but these laws did not put a text Legal determines the law applicable to such contracts, and therefore the general rules must be applied in special legislation to govern the online sales contract.

The issue of reform of the system and change the electoral in Iraq has become one of the important things that impose on the Iraqi state to take measures necessary to adapt its systems election to reflect the political reality of the country, that the choice is fashion conscious and careful away from the spin-off, especially since the stability of the regime in any country, but it is subject to the electoral system established faithful, as far as it comes to Iraq, which is characterized by the multiplicity of sects and creeds and accompanied by great divisions along with the multiplicity of electoral laws and change it since 2003, which made him suffering from a crisis of truth in the draft Iraqi state building and in the electoral laws J has become a tool of political conflicts and divisions, Accordingly, democratic change must take place in accordance with steps that are comprehensive and clear in the electoral process, in addition to enclosing guarantees that maintain the integrity and seriousness of this process and ensure true participation in it on the basis of freedom and equality to achieve the desired results and legitimize the democracy of governance.

The aim of the judiciary is to achieve justice, as the person who has the right did not resort to the judiciary except in the hope of obtaining his right, and this requires that the civil judicial ruling must be clear and accurate. This can be only achieved if the judgment is issued soundly and free from the defects of incompleteness, contradiction, ambiguity and error. As the ambiguity of the civil court judgment is one of the reasons that impede the right to reach its owner. The ambiguity surrounding the judgment makes it difficult for the person that executes it to understand what the court intended to do. This prevents its implementation and thus the judgment loses its practical and legal value.The Iraqi legislator has dealt with the issue of ambiguity of the judicial ruling in Article (10) of the amended enforceable Iraqi execution law, whereby the justice enforcer permitted to seek clarification from the court that issued the judgment to interpret the ambiguity of its judgment. And after receiving the answer, the justice enforcer can implement the judicial ruling, and by that it has given the authority to interpret the justice enforcer without the parties to the case.

The wireless communication technology represented by mobile phones, although it has many benefits, but it is necessary to know the other side of this technology, which is mainly the emission of non-ionizing radiation from its towers, and the companies operating in this field aim to achieve profits without taking into account. Technical and health standards aimed at minimizing the harm arising from exposure to non-ionizing radiation. In light of the failure of penal laws to address this issue with a treatment, it is necessary to rely on the general principles of the penal code to deal with the dangerous effects of the emission of non-ionizing radiation that harm human health.

Ensuring the rights of minorities is considered a necessity, especially in societies and countries in which the components vary, and violations of human rights were often directed against minorities despite the large number of international documents confirming their rights and preventing their violation, and legal, political and societal problems are always raised in the consideration of minorities and who determines Who is the minority or the majority, and therefore it was necessary to strengthen legal protection and ensure their rights and equality and prevent any violations against them, and even in Iraq, despite the diversity of the components in it, violations and dispossession of minorities rights are still a clear address in the historical stations of minorities in the Iraq, which calls for strengthening the mechanisms of legal protection of national and international to ensure the rights of minorities

Peace is the ultimate goal and the ultimate in dreams for all people, However, this often intersects with the aspirations of the political forces that rule the world, which makes living in peace very difficult for a person sometimes to find it impossible to enjoy it, but that does not prevent one from seeking to make peace by working on Settling existing disputes between countries to preserve what remains of the term peace in the confines of an international community dominated by dictatorship and the power of the powers in international decision-making.

The federalism approved by the Iraqi constitution in 2005 As well as the Law of Administration for the State of Iraq for the Transitional Period in 2004, It differs from other federation experiences and it is distinguished from it in terms of its residence, Which is generally based on the existence of a prior ( advance) agreement between the two parties or several parties It regulates the relationship between the government and the federal government and the government of the constituent parties to the federation, This is what did not happen when the federation was established in Iraq by the various Iraqi components Rather, it was based on its inception on a unilateral initiative, as a result of the existence of one semi-independent region, which is the Kurdistan Region This is what gave this federation a unique character. Although the Iraqi federal constitution of 2005 gave the right to governorates that are not organized in a region to establish new regions at the federal level. But, he did not specify a maximum number of governorates that a region could consist of. As well as leaving the procedures for the formation of regions to ordinary law. Here, several questions have been raised in this context regarding the possibility of the governorate to withdraw from the region that it formed with other governorates، And back to the form of governorate Or to form a region independent of the region with which it was formed As well as the possibility of joining two or more regions to each other in case there are several regions to form a new unified region , or the possibility of canceling the region and ending its existence as a federal unit and returning it to the governorate level.In this study, we tried to answer these questions Under the Federal Constitution as well as the Law on Executive Procedures for the Formation of Regions No. 13 of 2008, Based on the comparative analysis method, And We concluded the research with the most important conclusions and suggestions that we reached during our study of this subject.

Parliament has three functions, including the legislative, financial and supervisory functions, and the parliamentary oversight of the implementation of tax laws is one of the methods of government control by Parliament, because the tax is one of the most important laws that affects the interests of individuals and the state alike, and therefore requires the need to reconcile the interest of the Treasury In the interest of the taxpayers not to be harmed by them. This research deals with the subject of parliamentary oversight of the implementation of tax laws, and the problem of research includes answers to a set of questions on this subject. The two researchers applied the method of analysis and comparison, analyzed the constitutional and legal articles related to the control of parliament on the implementation of tax laws, and compared them in the same manner of control in Egypt and Jordan.
The first question dealt with the theoretical framework for parliamentary control over the implementation of tax laws. The second is the means used by Parliament to monitor the government. At the conclusion of the research, the researchers reached several conclusions, the most important of which is the weakness of the Parliament's control in this area due to differences between the political blocs, the dependence of the state on tax revenues, especially in the oil exporting countries, and the lack of experience and time.The two researchers made several recommendations to activate this control, including: A regulatory institution is a judicial body whose main task is to supervise the implementation of tax laws, the need to legislate laws on the supervision of the implementation of tax laws and the necessity of cooperation of all governmental bodies with the regulatory authorities in order to achieve the objectives of control over the implementation of tax laws, On public money

Decentralization was known in Iraqi in many levels in Iraq has from past and even in the recent day .Decentralization were looks in Iraq as a solution to run the administration and rule . in the Iraqi capital and the governorates . before and past Iraqi political change in 2005. There fame :this system of ruling and administration worked with It since the royal period in Iraq monarchy. but it has a big scope in our time . How ever problem in many details between the central authority and the local authority and the contradict in ministries work with governorates . there are many problems that face centralization in Iraq like corruption and un clear of the authorities of municipals in Iraq the research has tried to study the Iraqi centralization in many faces .first chapter try to read the mining of the centralization and the binging of it in Iraqi State . the second chapter read the relationship between the central administration and its position from the social parties in Iraq this relationship faced many changes between the federal and the parts the. third try to lead to some solution to decentralization administration in Iraq and the contention's and conclusions

Judges are human beings; they may be right or they may err. Hence, the judgments issued by the judge convicting the accused may be wrong as well as correct, and in order to reinforce the conviction and confidence in the judgments of the judiciary as they are a title of the truth, the law permitted the litigants to challenge it, but it restricted the court that considers the appeal submitted by the public prosecution not to offend the appellant who presents By appealing alone, he - by his appeal - has drawn the court's attention to the error contained in the appealed judgment. Hence, this appeal from him, which was hoped to commute the sentence or amend it in his favour, may not turn into a disaster for him. Hence, the rule “the appellant shall not be harmed by his appeal” was established in modern procedural criminal legislation. However, although the Iraqi legislator approved this rule in the law, its approval came in a way that differs from what has been settled by comparative criminal procedural legislation and comparative criminal justice, which has resulted in the scarcity of judicial applications for this room in the Iraqi criminal judiciary, and this is due to the fact that the Iraqi legislator is under application This rule stipulates that the contested ruling not be based on a violation of the law. Accordingly, researching this rule requires embracing the rooting method based on returning this rule in question to its origin, and clarifying the purpose or wisdom of its determination. As well as relying on the analytical approach based on the analysis of legal texts that approved this rule, whether in the Iraqi Code of Criminal Procedure or in comparative laws. Therefore, it was necessary to research the concept of this rule in the beginning, and then address the conditions for its application.

The public loan is an important non-tax financial resource of the state, but it is an exceptional source, and it may negatively affect the public treasury, because it burdens it through its services represented in the interests that are paid for the term of the loan, as well as in installments, and it is useful to take into account It is not possible to achieve real and sustainable development through permanent reliance on loans, whether these loans are local or foreign, so resort to local loans should be made within narrow limits, for short periods, and at relatively low interest rates, because high interest rates indicate On the unhealthy state of the situations in which borrowing takes place, it also indicates the lack of public confidence in the state's finances and treasury bills. Given that loans are considered a deferred tax, it affects the level of public spending and public investment by expanding at the expense of public and private investment spending. The impact of the loan as a financial burden appears through the purpose of the expenditures, as it constitutes a financial burden if used to cover consumer expenses, and is productive if used to cover investment expenses. .Whatever the case may be, the effectiveness of this revenue (public loans) of all kinds, and the important role it plays through its impact on the overall variables of economic activity, cannot be ignored. Given this importance and the decline in revenues, which negatively affects the development path, it is necessary to find mechanisms for the development and activation of financial resources to contribute to advancing the development wheel.

The people have the right to revise, amend and change their constitution, and a particular generation cannot subject future generations to its laws, as every individual has the right to enjoy a national social order, and as constitutional rules are the true reflection of the political, economic and social philosophy prevailing in the state, and these rules are characterized by their ability to change because they differ from From time to time, according to the prevailing philosophy in the state, and the necessities of developing constitutions in order to align with the social, economic and political needs of society, making it a stable, well-off, and secure society. It is also necessary to bridge the gaps in the constitution and redistribute powers between the authorities The Union and the Authority of the Regions Therefore, the purpose of the amendments is to make the constitution a common denominator for all citizens that guarantees the provision of rights and freedoms for them. Those in charge of drafting the constitution take these circumstances into account so that the texts of this constitution are a true mirror of the existing reality.

Private ownership is the most important natural entrance to increasing development and the most effective way to achieve its causes and results, which leads to the prosperity of the community and ensures its progress. He tried to enclose private property with numerous protections and guarantees, and he was very careful to guarantee it the best protection with explicit and categorical texts that do not bear interpretation.In this research, we have clarified the role that both the administrative and constitutional judiciary play in protecting private property, which is one of the most important rights enjoyed by members of society, and what it constitutes a guarantee against the abuse, tyranny, and pervasiveness of the public authority and the administration when it tries to apply some restrictions imposed on private property. The public authority and administration of the constitutional and legislative rules that lay down the specific scope of those restrictions.We also decided to clarify the concept of both nationalization and confiscation, as well as to identify the controls and guarantees that the legislator established and emphasized, and was keen that the public authority and the administration adhere to following them and not exceeding them when trying to apply these restrictions, which paved the way for our study and understanding of the role played by the administrative and constitutional judiciary its clarification and the protection it provides for private property; To ensure that there is no abuse or abuse

The participatory constitution-building process is actually considering a real fact of constitutional life. However, it can only be implemented when the constitution-making body has sufficient knowledge of the mechanisms for involving the people, in addition to providing sufficient resources to carry out this process, and all this have to be preceded by a real will on the part of the body charged with drafting the constitution to reach the largest possible number of people. This is achieved by civic education programs, through which we make sure to inform them of the appropriate amount of constitutional issues; So that they can express their opinions about it when asked.

The issue of the robot as a carrier of artificial intelligence is one of the most complex issues due to the privacy and independence it enjoys as well as the legal nature of its physical and moral existence, which is considered one of the controversial issues in terms of granting it personality or not so that it can be held civilly accountable in order to determine the person responsible for his mistakes. Robots with artificial intelligence, whether they are stationary or mobile, may be accompanied by errors while performing their tasks that may result in dangers, whether in industrial facilities or hospitals that rely on robots to perform operations. In addition, due to the shortcomings of the traditional civil liability rules referred to in the Iraqi Civil Code No. 40 of 1951 in the face of risks emanating from robots that rely on artificial intelligence in their formation, due to the difficulty of determining the person responsible for what (the robot) enjoys on a set of software operations that It is mainly based on artificial intelligence. As well as the multiplicity of people responsible for robots, starting with production and manufacturing companies, and ending with the smart machine itself.