AL- Mouhaqiq Al-Hilly Journal for legal and political science

Modern parliamentary systems recognized the principle of balance between the legislative and executive powers that be to the parliament the right to monitor the activity of the government, raising the political responsibility which is one of the parliamentary system substrates, and even the Parliament can do the task of control it has a means of control and the first of these means is the question that is one of the important means by which It carries the parliament against the government, especially that it does not raise the ire of the government and it is easy to use, and does not represent a direct threat to her and play its role as a channel of communication between the government and the parliament, and is based on the supply of Parliament necessary with the necessary information, as well as it comes mostly the desired results, which draw the attention of the government to deficiencies in operational activity.

But the reference to the parliamentary question in the Constitution of the Republic of Iraq for the year 2005, and the rules of procedure of the Council of the year 2007 the House of Representatives Although stipulated by them only organized his tainted by shortcomings and imbalances so that we can say that legal regulation is incapable of a sound legal framework died for the exercise of this right, so we tried In this analytical study to address this imbalance and palaces.

Abstract

Mortgage transferred without the transfer of possession of the mortgagee is a type of mortgage types contained on portables added to the mortgage possessory . But nevertheless it differs in its provisions for mortgage possessory not only not to transfer possession .

Abstract

Dealing in securities at the present time the main concern for the countries of different world as one of the main pillars of their economies, this trend has grown to the attention of financial markets after it occupied a critical place in the modern economic systems as attract and collect the financial savings of the country's center, along with the growing interest there is a desire among dealers in the reign of this deal of integrity and credibility in the exchange of information between the parties to the relationship, was to be a legal system embodies that appeared as a result of the obligation to disclose, which increased its importance in recent years, increasing the unbroken Nadeer in the field of business activity for companies, and the importance of course did not come from a vacuum, but from the basis that the investor whether a natural person or legal entity has no direct means receives through which information and data relating to the company listed in the market which builds on the light of his investment decision on the purchase of shares or not, but based on information and reports disclosed by the company on the financial and legal status , if that information is correct, the investment decision is founded on realistic data and then be true, but if they do not match the reality of the investment the decision is not true. And then there would be a clear violation by the company in the implementation of this commitment, so the importance of the implementation of this commitment is that it can investors make the right decision to invest, and monitor their investments. This study will take the statement of commitment to the implementation of joint stock companies to disclose in the stock market in two sections, where we will discuss the first topic the scope of the disclosure obligation to contribute to companies, and in the second section Photo prejudice to the implementation of the commitment to joint-stock companies to disclose in the stock market.

Abstract
The subject of the secret of topics is deemed of great importance due to its close connection with mostly private life of a person and it does not reduce the predominance of interest material in sometimes , so that the importance of the information is necessitated to the enclosed secrecy, and highlights those critical of the mystery within the scope of the liberal professions as in the legal profession of being a legal and moral obligations imposed on the exercise of these professions. what is seen by the lawyer of a special nature information either in the exercise of his profession or because it is confidential information that requires to be enclosed secrecy through lawyer to preserve them and not broadcast to the public, that professional secrecy which is of a confidential nature, which limited the scope of science in the unspecified number of people information and committed professional who reached through his profession or because of individuals to protect the legitimate interest, and the scope of the obligation secrecy extends to those who are called the lawyer's aides of lawyers and non-lawyers, and continue to adhere to when the death of a lawyer to protect the interests of the owner password, including his heirs or third parties in the interests of the dignity of the legal profession and the confidence of the community out, so there were not need to allow disclosure of such as reporting a crime or satisfaction owner password disclosure, The lawyer comply with this obligation on the basis of the agency contract between him and the client if it is found and based on the letter of the law when the failure .

Abstract

Legal rules had been enacted to regulate social life in its divers styles and forms . It aim to identify the rules of social behavior , which should be followed by individuals , and to specify the consequence resulting from violating it as well.
Mostly , the respect it persons is due to matching between their behavior and legal rules , although the basic problem in the debut about the concept of law , lies in the relationship between law and moralities , where this problem impacted by tow opposite basic attitudes namely : the doctrine of positive law , and the doctrine of natural law .
Legal rules are characterized by being a dual synthesis , where it provides a specified commitments , which imposed on those whom it addresses a specified commitments , which imposed on those whom it addresses , to have some approach on the one hand , and on the other hand it authorizes the other whom appointed to have the power or the legal authority to issue the decisions which rule on jurisdictional disputes . These decisions in turn from abiding rules for people whom the decisions are issued against them , based on the legal consequential impact of these rules.
Therefore , the issuance of a general legal rules by the legislator obliges judges and litigants all . But it authorizes judge to issue judgment and determine the legal rules that adjudge the dispute by a special decision which should be issued in the presence of litigants .
So the decision which was issued in accordance which this authorization and in conformity with the procedure which should be executed , had been derived originally from the text of law and its general rules .
Therefore , law cannot be reduced by purely logical process , where the law determines the normative general frame work , leaving to the judge the probabilities which subjected to test and analysis in order to reach dispute solution , which based on the matters that imposed by the raised tracts . So it is up to the judge of trial to choose between these probabilities depending on the authority granted to him by the legislator .
Legal rules are divided into two types of different natures namely : general rules and special rules which ( from a judgment for a special specified case) . The special rules are matching with the essential legal rules which aim to achieve the commitment of doing a work or the abstention of doing this work , in addition to the general rules which do not aim to organize a special case , but aiming to present a criterion allows to recognize precisely the general basis ,which impose itself within a society . These rules specify the identity of formal and basic law sources , beside authorizing the judge to trace violations which impinge upon the general rules and to enable him for disposing the dispute in its precise scope .
Judges who authorized to apply law upon jurisdiction dispute , which submitted to according to rules of jurisdiction deal with two types of law suits , the first is typical , which comply clearly with cases that explicitly targeted by law where it represents most of law suits ,the first is typical , which comply clearly with cases that explicitly targeted by law where it represents most of law suits which could be judged relatively easily , since what the juggle rules . The secondly is an exceptional type , which is hither organized by law directly , nor has a similar one in the practical aspect .So the judge has no ability to dispose the dispute directly . That is caused by many reasons , may be related to identification of legal text which has the most conformity with dispute specifics , or it related to misunderstanding of what meant by the legal text because of language ambiguity which the text had been it signify , except for some technical phrases that form special identifying material for legal text . This leads necessarily to say that the identified and special understanding of phrases which stated in legal text related to the use of these legal rules in drafting the special contracts and agreements correctly . But it is not necessarily so , where these contracts and agreements may be inaccurate and incomplete ,
The judge in turn , cannot get solution for these cases by law , because what dictates to reach solution is to go beyond the accepted meaning to interpret phrases of legal text . But the estimation power of the judge is what establishes the binding force for his decision , according to the estimated result which he reach it , that reduces legal rules into reality which located in lawsuit , beside the compact of this result with principle that : the judiciary dose not linked with legal rules , then , lack of legal rules does not exempt the judge from adjudging in lawsuits and requests .

Abstract

Declinatory plea of the specific Jurisdiction considered when the opponent submitted to the court an application of not deciding the case because the court not competent Authority for deciding the case in accordance with the rules of Jurisdiction by the law . It is directed to the case proceeding and that it is distinguished from other challenges that may existed some similarities between them , and required an interest be available in it , and it is preceded by claiming , and it must based on clear breach of specific Jurisdiction Rules and must be in assertive formality , and clear indication , and it submit before the End of pleasing .

The Iraqi legislator and other comparative legislations agree to determine those , who have the Right to Declinatory plea of the specific Jurisdiction , that is the opponent in the case whether an original when the Administration of a prosecution or a contingency , whether a single or a plural , a plaintiff or defendant , though this Declinatory plea at most to be rendered by defendant being addressed to the plaintiff by all means , as well as this legislations gives , the court Right to disclaim the Jurisdiction of a court on its own initiative , as well as it can be promoted the public prescutor as to civil actions , that deal with it , and in any case , this Declinatory plea may be made by at any stage of the case .

When the court found that Declinatory plea based on reasonable ground , then it may be decided to refer the case to the competent court , which is at the same level as the transmitting court and at the same point of Judiciary . It follows the referral to determine the date of pleading for opponents before the assignee court which will stick to this date . If the assignee court found itself not competent and decided to reject the referral , for this decision be subject to appeal by an opponent at legal way before competent court .

Abstract


Given the seriousness of acts that endanger human life and physical integrity because of some dangerous and harmful goods, so Valmushara penal Iraq has pursued a preventive criminalization policy in the Consumer Protection Act No. 1 of 2010, by criminalizing acts that would endanger people's lives and physical integrity at risk, even if not result in any damage.


Therefore we dealt with in this paper the concept of preventive incrimination through his statement, and then we reviewed the standards, and then Pena scale preventive criminality in the Consumer Protection Act through the policy of preventive criminalization pursued by the Iraqi legislature to criminalize negative and positive behaviors that stipulated in this law addressed, then we ended the search a number of conclusions and proposals.

Abstract


The Public Job recognized as national duty and social service that the in charge of it ought to considerate the public interest of the society and the private benefit of the persons.

The Job in this meaning is not a function for profit may the employee seeks for, but it is a holy integrity who bears it, should feel of responsibility, honesty and straightness as he represents the state or one of the public corporations.

As for the authority the employee has been gained and granted in order to achieve the public interest , he must not abuse using this power for obtain other purposes in a way may cause injuries for other persons ; so the employee or the in charged of public service should perform his duties honestly .

According to the mentioned above, and to maintain the reputation of the public job in one side , and the interests and rights of the persons from the other side, our vision is, the legislator subjected the employee and the in charged with public job , to the incrimination provisions , in a chapter of the Iraqi Penal Law No. 111 for the year 1969, called the Crimes of the Employees Exceeding their Job Limits .Among these crimes, the crime of using the severity by the employee and the in charged with public service depending on their authority which caused violation in others honor or injuries in their bodies.

Abstract
The evolution of the science of surgery effect in escalating effort Medical Center in this field , in a manner did not prevent the medicine from that Asergdma in achieving the scientific achievements of the great conqueror areas were banned him for a long time , the most important field of cosmetic surgery imposed by reality and practice , especially after the two world wars and Mantj them from deformed was hope the biggest is to remove Chohathm to meet others better and more beautiful , featuring this surgery for other surgeries that hold them is perfect or Thasina not necessary in some cases , and people become after Makanwa reluctant to clinics and hospitals for treatment and recovery Iqilon them for decorations and perfect formal .

With the progress the growing number of doctors and the diversity of their work , accompanied by an increase in the use of machinery, medical devices , led to the large number of risks arising from the medical business , he went opinion in Aqdhae French that the provisions of general liability is no longer sufficient to provide the necessary protection to the victims of accidents, medical errors took looking for a solution to achieve this protection was wandering in the idea of the obligation to ensure safety .

The beginning of the application of the obligation to ensure the safety was in the contract of carriage , where he became the carrier does not adhere only to deliver the passenger to the destination only, but should it delivers safe and sound , and hereby take the obligation to ensure the safety applies to all contracts career that includes a threat to the physical safety of one of the contractors , he was at the forefront of those contracts decade , medical doctor or where it is supposed surgeon committed to ensuring that safety does not affect the patient's disease, a new disease outside the scope of the original.

Abstract


The current account of the business created by the commercial life, as traders what bound together by interlocking and overlapping relationships, and their desire to stay away from the complexity of the settled, Due to the intensity of the commercial activity is the flexibility and simplicity of it was necessary to get it done by resorting to the process of the settlement of all that contained work that activity in the event of the end of their business operations and for one time to resolve whatever is related to them among themselves, which is here as an alternative to perhaps never-ending according to what is meant to speed and flexibility at the start and end of each commercial deal gets, in addition, the current account is one of the more banks operations prevalent not, but that in most cases, represents the basis for the possibility to come up with other other banking operations-and it has been given all the importance that being an essentially commercial contracts entered banks in the input of bank dealings in exchange for any party dealing with it . it is then ordered his statement has become, operation and stop it from operating the things that continue to need treatment for renewed this account despite the lack of development of organized law.

Abstract

the subject of non-legislative competences of the Parliament of the important topics in order to Statement of discretion enjoyed by the Parliament and its members about the terms of reference given to him, and highlights the importance of search those terms of reference to determine the important fact of the parliament and the question Do you take the principle of separation of powers?. Or is it beyond that, it is accepted that this principle is based on cooperation and balance between the three branches of government and whether authorities gave all of equal competence or authority over other likely parliamentary system is taking shape in the activation of the role of balance, cooperation and mutual supervision among the general constitutional authorities .
And we will shed light on those terms of reference since it despite the fact that the parliament respect to legislative functions, but this is not the only jurisdiction it is carried out tasks executive and judicial diverse and highlight the issue most important in the impact of the terms of reference on the general rules of parliamentary systems, particularly in the field of cooperation between the authorities in the state.
So we decided to highlight the non-legislative competences, in the legislation of each of Germany, Lebanon, and compare it with the Iraqi legislation through division of the research topic (non-legislative competences of the Parliament a comparative study into four sections and as follows.
We will show in the first part, the financial terms of reference of Parliament and this is Bmtlpin dedicated the first terms of reference of the Parliament relating to the general budget and the second dedicated to the role of parliament in taxation then be described in the second section shows the terms of reference of the Parliament relating to judicial Balstalh three demands we have dedicated the first of the terms of reference of Parliament relating to the issuance of a general amnesty and the second about the appointment of judges Lama third requirement to separate the health of its members, while the third section Sn_khass of the role of parliament in the Department of Foreign Affairs Mksmah to two demands first parliamentary approval for treaties concluded by the executive branch and the second ratification by parliament on the appointment of the diplomatic corps, and the fourth section deals with the appointment of senior staff Mksmah to two demands first the authority of parliament in his prime minister while the second appointment of security chiefs, military and we will finish our research conclusion included the most important thing our findings and proposals.

Abstract


The nationality is one of the main bases adopted in the tax on persons entered in to force (whether natural or moral) based on the idea of sharing with the state to bear public burdens in exchange for the justification of the right of the state in the tax deduction and the application of this principle, it is right for the state to imposed the tax on the income of any persons who has its nationality , with all its sovereignty over all its citizens , whether they are inside the territorial borders of the state or outside

Abstract
The administrative was stopped on decision is defined statement what it is to take it, and this is what tried jurisprudence and even the judiciary also hurt him and not to be overlooked, were numerous highlighted in each of definitions, they have been spared some of the weaknesses and so were directed a number of criticisms have, as a definition eliminate him as a "Disclosure Leaders in the form prescribed by law, the control of the binding, with its authority under the laws and regulations, with a view to bring about a particular legal status, whenever possible, and permitted by law, and was spurred by the order of general interest "has been criticized several of the definitions as being inaccurate, and that it enter in the definition of the administrative decision is not part of it, as it is inclusive, and so was the case with some of the definitions of jurisprudence, Such as defined that he is a "legal action issued by the administration willingly single" We note that this definition may only limited to the formal side without looking to the side substantive administrative decision, on the one hand and on the other it can be said that the definition of non-objection to it in saying that "legal action ..." have included administrative contracts in the definition also, and this is a sound and we found that the best that can be defined by is that it is a legal action, taken Management, in its sole discretion, and place certain legal effect.
The administrative decision of a number of elements can be summarized in four, it is the first legal action, and that the second issued by the administrative work, and the third issuance will of the individual to her, and the last is that the consequent legal effect.

Abstract


The phenomenon of aliens as they are called of strange phenomena for the Iraqi society which not only includes the army and the police and military institutions, but that this phenomenon may be extended to include all of Iraq's state institutions, including civil institutions, especially as there are thousands of aliens staff, and thousands of retired astronauts, and thousands of political prisoners, aliens, and even thousands of martyrs aliens, and thousands of protections aliens to state officials and senior members of the House of Representatives, where it was detected the presence of 50 thousand of ghost soldiers in four military teams, so it was the existence of this phenomenon is a major reason for the waste of public money being paid to non-eligible actually so drained the public treasury and Iraq is on the brink of economic collapse after enduring Allmizanah the burden of paying the salaries of these categories that did not have an actual output in Ardallowaqa and thus formed a new burden on the state budget. This came to this study to be a new addition to the precise field of competence, particularly in the branch of public law and administrative law in particular.

So we tried in this research modest highlight the fact that these personal staff called the astronauts and the development of effective treatment for the existence of this phenomenon. Where This subject is covered in two sections:

First topic: what career where addressed the subject in the two demands: First requirement: The second definition of employee demand has pointed to the concept of the employee.

The second section dealt with the general provisions of career and work in the two demands: Eat First requirement: the mechanism of taking business career while he stopped second requirement on the legal impact of the civil service employee enrollment

Abstract



Given the company,s capital contribution to the study of great importance. For the head of the money in this type of company it is the only guarantee and the actual creditors of the company, So the Iraqi companies law no.21 of 1997 are required to have enough capital for the exercise of its activites and fulfill its obligation and may not be disposed of oitherwise. As well as the text of the principle of the stability of the capital, due to the need for compatibitiy between the company,s activity and economic capacity, according to the variables surrounding the company has resorted to contribute to adjusted capital increase or reduction, and without prejudice to the principle stability of the capital, and this requires the company taking into account the rules and principles set by the legislator to modify its capital. The company,s contribution may resort to reduce its capital to several reasons such as increasing its capital or its need due to the loss suffered by them or if shares remained unsubscribed after the success of the IOP process of founding. And it should be the reduction process in accordance with the procedures specified by law as a necessity to prepare a feasibility study showing the purpose of the reduction and causes the process, and therefore deliberately legislation to identify means to reduce the capital of the company to contribute to the protection of creditors of the damage that has been caused to them because of the reduction decision.

Abstract

In the reading of the experience of the ration card and applied in Iraq since the beginning of the nineties of the last century is clear that this experience may have contributed to a significant role in preventing a real crisis has provided this experience possibilities and food requirements of the minimum level required of the level of living and is one of the important topics of consumer goods for the Iraqi people as came as a result of factors, political, economic and social conditions has begun work ration card system (equitable distribution of foodstuffs system) when economic sanctions were imposed on Iraq in 1990 And continued working out to this day, despite proposed to call it off and because of the poor quality of food and few in number, which amounted to only five substances alternatives, some provinces announced their readiness and their ability to ration card file management and provide all the vocabulary Iraqi families, which is the ration card its main rations.

Abstract

The research deals with the legal regulation of rights of the disabilities in Iraqi legislation and its absorption of international standards ,as we reviewed all of the international and national positions of the rights of persons with disabilities , we found that the absorption of Iraqi legislation of international standards was relatively.

We have seen that it takes more interference by the the Iraqi legislature, with regard to social subsidy, the scope of proof , an the sanctions of crimes, which occur against the people with disabilities and the right of electing as well as some observations related to the organization of people with disabilities and special care.