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

The subject Judicial control over the discretion of the judge in the tort liability, play an important and decisive role, this event is owned by the judiciary in the framework of this law that are consistent with the philosophy of the existence of private international law, it is the law is not based on individual and isolation, as a result of the lack of full rationing to deal with all disputes concerning about them which throws all its weight on the judiciary to exercise an important role in this relationship because of its discretion in assessing each case categorize an end, judiciary as a last resort for litigants him to govern justly them and can not be invoked or to decline to do so under the cause blurred text or not existence..

Since the judiciary in general and the resolution, in particular, is not correct on its own, but higher courts monitor the application of the judge to base attribution, as a national legal basis in order not to loose the power and the limits are exceeded by the judge, the latter makes a binding good interpretation and application, whether it is losing sight of the application judge her, despite the availability of conditions applied, or applied automatically without respect for the principles of impartiality of the judge and respect for the rights of the defense or it comes to make a mistake in the application, as a national legal basis, whether to adapt the legal issue in dispute or in the application of attribution officer where properly applied, or in determining the scope of the law ascribed to monitor conditions apply, whether this rule double or single side, whatever the nature of the rights as regulated by the judge erred in that the judgment be set aside for the exhibition.

Abstract

We ate Search abuse of freedom of the press and tried to take the subject through the definition of the concept of freedom of the press in the Islamic law, glue, and concluded that freedom of opinion in Islam, and considering that the freedom of the press, one important her applications, the most important rights guaranteed by Islam to express his opinion freely and without any control, as long as that expression of pure God Almighty and the goodness and the goodness of human society that this right in Islamic jurisprudence be entertained as we have said previously may be restricted according to the things you want to express an opinion on them, as we approached the constitutional regulation of freedom of the press and how to most constitutions in the world included this emphasizes the principles of freedom independently of the rights and freedoms of other desiring to grant this freedom prestige of the constitutional document.

Finally we got the responsibility arising from the abuse of press freedom by identifying the people responsible for the abuse of freedom of the press and they press to be responsible in accordance with the general rules and not assumed responsibility as the responsibility of the editor and the responsibility of the owner of the newspaper and the responsibility of character and imported as well as the responsibility of the vendor, distributor and label who is also their responsibility to be assumed Finally, the responsibility of chairman of the party be similar to the responsibility of the editor's responsibility.

As we got that out of the origin of the right when using the freedom of the press leads to the imposition of several sanctions against the perpetrator of the right hand and the newspaper on the other hand has such sanctions be criminal, administrative or may be related to a civil compensation.

Confined to the Vienna Convention on Succession of States in respect of Treaties of 1978, the application of The principle of clean Slate on the newly emerging independent states on decolonization without the separate states, and in fact that the separate states with legal personal survival of the international state of her predecessor, her circumstances similar to the emergence of newly independent states, both in essence separation of the state of all followed by the state. Although customary international law affirms the application of The principle of clean Slate on the separate states, but the agreement were not codified the practice of States in this matter, but it was a gradual development of international law, and justifies the non-application of The principle of clean Slate on the separate states, it is not a dependent territory, where did confiscate authority of the sovereign on the international actions, but the state of separate rear contribution in this power with the state of her predecessor, but that unreliable in determining whether the region follower or not, a standard that the state followed by responsible for international relations of her province, is a standard is objectively, because the sovereignty of the state followed by the foreign relations of the state, it can happen in the context of colonialism is traditional, and then lose sight of this standard for mixed dependency cases (affiliated countries, but separate). In fact, the separate states are another type of the newly independent states, so it should be amended Vienna Convention on Succession of States in treaties that separate nations be survival of the state with its predecessor - any of the non-state solution - to apply The principle of clean Slate.

The benefit that correlated with penal suit is considered as a benefit that tackles the entire society, the personal attendance of the defendant in the penal courts represents a pure right for the society the defendant shouldn’t recede unless its reasons will be vanished, since the defendant is considered important party in the penal suit beside other parties of the penal suit, hence it is so difficult to reach the judicial certainty and the legal fact via one part which is public persecution what was the efforts done to have it, the legal legislation concerned with the stage of the pleading as the direct final stage before judicial implementing , in this stage, the legal position of the absent defendant will be specified finally from the charge he faced, his pleading will not be repeated if he was absent or fugitive unless being sentenced then he showed up and get arrested.
The criminal legislative applied unified rules when it comes to the procedures of trial in absentia and flowing of procedures that occur in court and the verdict are based on insurance and insurance doesn’t happen unless via these procedures.
It's known that most comparison legislation considered the attendance of the defendant in front of the court in criminal trials by himself a mandatory matter without exclusion , the penal rules have many classifications like attendant , absentia or considering rules, the Iraqi legislator in the presentation and normal rules in the item (151) of the Iraqi trials ethics, it's been noticed different sides of preceding the issuing of the verdict in the absence of the defendant and the obligation of the judge related with investigating and studying papers of the suit and the surveillance of the judgment to the procedures of the absentia trial and the absentia verdict then knowing the absentia verdict and then knowing the absentia verdict via saying the verdict is the reaching to the real fact, but the judge couldn’t reach them easily, then saying the absentia verdict and included insurances via briefing the defendant on the penal rule that issued against him.
The abolishing of the absentia verdict in case of arresting the absent defendant or his attendance, then the law showed the method of challenge the absentia rules that are a means for the defendant to appeal the judgment rules, challenge rules are allowed to every opponent in the suit whatever its kind be .

What had been issued by arbitration committee immediately have the binding force decision as the judgment issued by the courts. While the later have this binding force after the period of time .

The arbitration is one of willingly ways of the dispute resolution, and it helps to reach the right to their holders in the suitable time, this role does not concern the national disputes only ,but it exceeds to the international ones .the arbitration award has a force binding as far as issued except some cases had been mentioned by the laws, and the laws prolong the cases that the arbitration committee the authority to re -deciding the arbitration litigation in the ambiguity accrued in the award.

When the award issued in arbitration litigation does not mean the end for the arbitration problems, there are some problematic cases raised through the execution of the award, especially when it executed out of the territorial jurisdiction .the laws differ in this point, which had been tackled by the treaties.

as well as the supporters of the arbitration award encircled it with great holiness for what issued by arbitration committee and saying there is no ability to contest in arbitration award except by nullify it .commonly the reasons for nullifying are formal ones as it is seen in the French arbitration cod who adapted the appeal as a way for contest and the same way had been taken by the Iraqi draft who consider it as a principal way ,but the French legislator reconsider it after the amendment as an exception if the parties didn’t agree on this way .added for that what named in Iraqi law( other oppose)and what is named in Iraqi law the ( pre prosecution).all these reasons were behind my choosing this topice as an object to my research.

It is the subject of the stock market of important topics related to modern economic systems, so why play effective role in social and economic life due to the role played in advancing national development wheel as a key hub in the economic development of countries, as the stock is one of the tools financial investment at the present time and thanks to the benefits it brings compared to other investment tools, for ease of handling either through bonds or through a stock or other securities.

And investment in markets securities requires appropriate investment environment and SAFE check willingness of investors in those markets and this can only be achieved through the organization of work in and make the best ways to facilitate the trading of those securities and increasing the volume of investment process, hence the custodian is one of the ways through which reassure investors and the elimination of their reluctance to invest in Iraq Stock Exchange, through the offer of acts of conservation, management and transfer of securities from the investor's account has to investor's broker at the expense and vice versa and the payment of the obligations of the trading on behalf of its investors.

The subject of research is on a high degree of importance, as he is about the criminal policy in the implementation of the original sanctions, where the criminal policy represents a group means used to prevent the crime or to punish them, as it is science that studies the activity that the state must practiced for the Prevention of Crime and Punishment them through what is guided by the legislature in the fight against crime investigator with the balance between the requirements of the State's right to punishment and implementation of social security in order to protect the interest and the penalty is a penalty is to be determined by the legislator and the judge sentenced him on every person who commits or abstaining, the law considers a crime. And the stage of execution of the sentence is the stage in which achieved the goal of punishment, and it should work force to achieve power. Implementation is not only deprive the convict the right of his rights and Aelamh according to modern criminal policy, but it is something deeper than that crystallized in the re-sentenced raising him and his rehabilitation of social life away from the risk of deterioration in the crime, though deeply as it is embodied is in the implementation of the original sanctions. As is the execution of the sentence as a practical translation of the verdict of the criminal conviction, which confirms the importance of this phase and the following phase of punishment for different implementation methods and depending on the quality of criminal sanction.

The research seeks to develop an effective criminal policy to implement the original sanctions in order to protect the fundamental interests of society and to achieve greater stability, as well as the need to highlight the sources of the penalty policy, and where they are derived and what is their source, in addition to the execution of the penalty is the ultimate goal that the legislature seeks to achieve after to go through several stages, since the occurrence of the crime through the investigation and judgment through to implementation, where we're looking at the best ways and means to ensure their implementation at the same offender, and to the extent necessary for punishment is in line with the gravity of things to do and dangerous criminal without trespassing on his humanity and humanity, on the contrary, must search about the best means of implementation to return people together in the community, through the development of rules determined by their light on the drafting of the Criminal Code, the mother of procedural objectivity through which the execution of the sentence ensures the rights of the convict and to ensure that the interests of the community.

The crime of financing terrorism, serious crimes where the terrorist operations which derives its strength and size of the impact and destruction is one of the cross-border crimes, rolled international legislation defining the crime and the United Nations Convention on the Suppression of Financing of Terrorism for the year 1999 was the first legislation defining the crime as a separate crime, including the derived national legislation defining those the crime . And committed the crime of financing terrorism by individuals or groups to provide or collect funds and submit them to the terrorists in order to implement terrorist operations and committed by natural persons individuals or groups it does not prevent committed by people the moral as civil society organizations. The large numbers of civil society organizations Recent big led to the existence of some civil society organizations exploited by the owners of the weak souls of the assault on the protected interests under the law, we find some civil society organizations committed the crime of financing terrorism, taking advantage of this citizens' confidence in such organizations that are found mainly for humanitarian purposes , Search and adopted the style of the comparative study between the Iraqi Egyptian legislation, legislation, legislation French.
And enrolled research in two sections unprecedented boot touched faithful to the concept of civil society organizations, and we dealt with in the first part, the concept of the crime of financing terrorism and we dealt with the definition of a crime financing of terrorism and Matiha in two demands, and we dealt with in the second section of the substantive provisions of the offense of terrorist financing and in the elements of the crime financing of terrorism and sanction the offense of financing terrorism and be so the two demands .

The question parliamentary one way owned by the members of parliament in the face of the government and that enables them to follow government activity in various quarters document in a formal way, in order to ensure the functioning of the executive branch, according to the will of the nation and its will, especially since the parliamentary oversight is an essential task exercised by the parliament on the agenda and the government actions and accountability when failing to perform its functions in the public interest.

Thus, the question is aregulatory tool aimed mp from which to obtain in formation about something unknown, or check get caught arrived knowing him or find out what the government intends to take in something, and that the objective of the study is to identify how they are to ask the question parliamentary to the government of the prime minister and ministers concerned by the statement of the conditions necessaryto bring the question and procedures, and we decided to highlight to the subject of res earch through the partition, the two section regard the first to discuss the nature of the question can not be accessed in aproceedingin question befor we get to know the nature of the question, the cecond section has procedures me parliamentary question

When the state exposes to the unusual circumstances whether internal or external that threatens its existence and integrity. Then it subjects to the rules of the exceptional legitimacy represented by exceptional laws, including the law of the state of emergency as the normal legal rules fail to meet those conditions.
The state of emergency is an exceptional laws stipulated by the constitutions and laws resorted to as an exception to protect the national interests from the threats and ends with the end of those justifications. This will impose restrictions on the fundamental rights and freedoms of individuals as well as violation of their rights because of the expansion powers of the administration in these circumstances
The adoption of the comparative analytical method is more convenient to the nature this research between the constitutional and legislative regulations relating to the state of emergency regime in France, Egypt , Lebanon and Iraq.
The research divided into two section. The first section dealt with the constitutional organization of the state of emergency in the countries of comparison and Iraq. The second section has been allocated to the legislative regulation of the state of emergency in the countries of comparison and Iraq
In this research , we obtained numbers of results. The state of emergency was organized by the constitutional and legal provisions to reduce the negative effects on human rights. However; the executive authority has exploited the legal texts that were not accurately organization and in the case of non- observance of the legislature to balance between the rights and freedoms of individuals and the powers that are given to the executive authority. We concluded, also, that there is a conflict between the constitutional and the legislative texts , and this requires a new law to be compatible with the Iraqi constitution of 2005

The Federal Supreme Court of Iraq was created under the provisions of Article 44 of the Transitional Administrative Law of the State of Iraq in 2004, which is the interim constitution during the transitional period from the date of issuance until the promulgation of the 2005 Constitution. The Federal Court came into being under Law No. 30 ) Of 2005, issued by the Transitional Government, which had the power to issue legislation in accordance with the provisions of the second part of the annex to the Transitional Administrative Law of 1 June 2004, the jurisdiction of which was determined in accordance with the provisions of Article (44) of the said law and its composition. Its powers include considering the unconstitutionality of the laws, legislations and instructions issued by it in accordance with the provisions of the Transitional Administrative Law.
Its decisions shall have a mandatory enforcement force in accordance with paragraph (d) of Article 44 of the Transitional Administrative Law of the State of Iraq. Which regulates the work of the Iraqi state after the provisions of Article (3) of which stated that (this law is the supreme law of the country and be binding across all parts of Iraq), and then exercised the Federal Supreme Court in accordance with the provisions referred to above, deals with the provisions governing the work of the Iraqi state and its institutions.

The right to legal personality Considered as an indispensable right, because it constitutes the main base to demand of the other rights and practice, so national laws passed the right of every natural person in recognition of his legal personality, which qualifies him to acquire the rights from the moment of his birth, and this recognition has earned right recipe and has become the legal rules international which organized it from the rules of jus in international human rights law.

There were a number of historical, political and social factors, as bad effects after the Second World War, and the phenomenon of discrimination before the law, which was practiced in the past, seriously affected the explicit legal provisions related to the right to the legal personality of the inclusion, at the forefront of international human rights instruments rights, such as Article (6) of the Universal Declaration of Human rights of 1948, and Article 16 of the international Covenant on civil and political rights, and the rest of the international conventions, either international conventions dealing with the fundamental rights of certain groups vulnerable, it has lacked a direct explicit texts on the right, with it contained other rights that cannot be exercised, or possession without his presence.

In fact, a right still faces great difficulties, for scale personal still is vulnerable groups suffer from disabling the right in certain circumstances, which applies to immigrants in some states, even though the legal personality fixed them under international law and no need to prove, either on a time scale there violations exposed right in normal conditions and exceptional, amounting to total disruption of legal personality; hence be international and regional supervisory devices play an important role in the validation of activating it and establish it as provided for in international conventions.

Mortgage contract is a legal instrument for the consumer for having a cash flow that is lacking for the purchase, construction or improvement or repair of property for housing is a paved and funded to hold a head last respect to a drug for housing and funded a professional superior economic sense and knowledge, this is the decade contract loss of the balance between the two parties for a long period of not less than twenty years the consumer is linked to heavy financial commitments, must be legislative intervention to protect the consumer finance student for having a housing, starting from the financier promoted to service mortgage and submit it to request funding in the stage preceding the hiring and contracting phase when yes, and acceptance of the grant deadline prudence and thinking and continue this legislative protection in the period of execution of the contract when the amendment to the contract funded by the will of the individual and accelerate payment of debt and this protection ends when imposing interdependence between the mortgage and the contract between the contract to be funded (real estate contract).

This study aim to identify the expats and the condition that should be taken in to taken in the account, as well as the knowledge of the economic, security, political and social risks, if the increased reliability in Iraq, When defining the terms and risks which this phenomenon left behind on the Iraqi society, We are able to develop resulting solution or processors that world treatment causes and reduce risks. And if these treatment or procedures took in to consideration by competent authorities, it is possible to curb the problem and reach a solution to find a legal system to ensure the protection of national security. In illumination of the foregoing.
We decided to split the search in two sections in the first part we dealt with the legal description for expatriate labor, the second topic was to discuss the risks expats and reduction measures. Then we ended search by notice numbers of results and recommendations and the most important was legislation of a private law expats, explains all regulatory and criminal matters and enlightenment by the opinions of specialists to access for serious the national security of Iraq.

The national of agency investment is regarded as one of the agencies of the state which cares for investment . it is regarded that it works on dualism mechanism ,At one time we find it as an agency related to the central government,at the same time it is regarded as decentralized one .

consequently, it will be under the supervision of the central government financially and by administration as well as the role of supervision the state undertakes to diagnose the faults in its performance.

the agency exercises many multitask according to the code no13,2006 which aims to encourage the investment and developing it for its positive economical impact on the development of economic activities in Iraq .