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

The banks active role in social and economic life, Also banks have vital part in national prosperity because it represent a main center for credit and for funding commercial projects and public services for all members of society.
The crime of money laundering is one of the most important and dangerous modern crimes which implies a lot of real and risky challenges because it has an obvious negative effects in the global and international economy and this effect has been shown to be different from one country to another according to the efficiency of the prophylactic measures which has been depended by a given country. And took the money laundering process of expansion and exploited banks to pass the money is legitimate, especially banks in countries where banking weaken monitoring of suspicious transactions.
The Money laundering take many forms, some of them related to banks, like guarantee loans , Documentary letter of credit, banks accounts. Other forms are non-banks related, like using stock exchange markets and shell companies or through opening accounts and transferred money by electronic means to avoid detection by authorities .
So Bank monitoring divided in two types: internal monitoring commence by bank boards of of administration or any entity have authorization by bank to do so External monitoring execute by other authorities like central bank and external accounts oversight .

The most compelling topic raised in everyday life is the topic of the “Interpretation of Penal Texts”, in virtue of which a proper legal description along with its application rendered accessible.
Interpretation, as a mental and intellectual exercise, is considered one of
the most significant thought and reasoning processes, to which a lawperson resort, and through which he can better apply and implement of the law. It plays a role of greatest importance and of utmost impact in the framing of a criminal base– a role that is at least as important as that of codification itself.
Article 30 of the Civil Procedure Law No. (183) of the year 1969, as considered a reference point to all civil and penal procedural laws, necessitated that a judge or court should get into an appropriate ruling for the case at issue. The loss or lack of text or its incompatibility with interpretation may not in any way be invoked as a justification, or else the judge would be considered abstaining from fulfilling the right.
The interpretation of the penal texts can be achieved through the transition from the apparent meaning to non-apparent one, i.e. it is that which develops the right understanding and application of the meanings of texts, and this is done through, first, the judge’s understanding of the factual elements of facts, and secondly, the understanding of law and justice grounds.
That said, this study has adopted a plan of research that requires us to divide it into three main tasks. Task One will deal with the definition of the interpretation of penal texts; Task Two will be devoted to investigate the types and singularity of the interpretation of penal texts along with their conditions; Task Three will be allocated to the legal nature of the interpretation of penal texts.
Finally, the research will be culminated in a conclusion which outlined the findings to which the research reached along with the suggestions that research found worth of further research.
The subject matter of this research is taken to be an analytical and practical study of the amended Iraqi Penal Law No. (111) of 1969, and of the amended Iraqi Criminal Procedure Law No. (23) of 1971,Comparison with some Egyptian and French procedural laws.

So the legislative drafting is the main tool in achieving economic, social and political reform in any State, to characterize the properties and characteristics to elevate the level of legislative texts and regulating the society in all respects, since they have to gain legislative drafting adequate attention of the authorities charged with drafting legislative texts in terms of drafting a which style is scientific and technical skill and he follow the legislative drafting standards.

In the nineties of the last century, the international center has seen the proliferation of new types of non-international conflicts, the international system is increasingly threatened as another kind causes of instability,which impose on the United Nations Central as an organization of an international need to respond, to exercise their function in stabilizing through innovative methods, not used to its practice in the past only rarely. United Nations became concerned primarily to address the internal conflicts that led to the fall of totalitarian regimes, and threatened the collapse of public order in the state, the power vacuum, the breakdown of the security situation, and the growing number of victims that prompted the survivors, and battalions of refugees to flee across international borders, which caused serious threat to international peace and security, and that the intensity of gross violations of human rights violence prompted the international community to the growing recognition of the need for a coherent responses to the problems of the power vacuum in post-conflict societies.
All of which are not taken without the direct intervention under repressive measures contained in Chapter VII of the Charter of the United Nations Organization, by replacing the State to exercise exclusive powers prescribed in the rules of international law, in transition vary from case to case, pending the establishment of security, institution building constitutional guaranteeing respect for human rights and the rule of law, and then the transfer of power to the citizens of the region gradually through democratic elections.

The principle of the (clean slate) is one of the principles governing the succession of States in respect of Treaties, provided for in Article 16 of the Vienna Convention on Succession of States in Respect of Treaties of 1978 and determined the scope of application of the principle according to this article the newly independent states of colonialism without the other new states arise from the separation with the survival of the predecessor State, or the demise of the predecessor State in the case of solving the state, according to this principle, it proceeds to the newly independent state of international life free from the obligations contained in the treaties concluded by the predecessor State relating to the province of new state back.
(clean slate) theory has appeared in a succession of States in the late nineteenth century as a result of the impact of the dispute idiosyncratic about the voluntary and compulsory or voluntary approaches and the inevitable in-law, It ensue to understand that the law is the product of expression of the sovereignty of the state, which embodies this point of view, which says that the legal relations is a personal fundamentally.
The principle of the (clean slate) is firm principle in international transactions being based on a fixed legal grounds represent a peremptory rules of law cannot be violated, including that of the newly independent states such as the right of peoples to self-determination and the principle of equality among States, including with regard to the legal nature of the treaties which (pacta sunt servanda) rule and the principle of the relative effect of treaties. Full two exceptions to this principle, provided them articles (11.12) of the Convention relating to Article 11 treaties established systems to the international border, while Article 12 established treaties and other regional systems relate.

The manipulation of stock prices is nothing but a process aimed breach of the law of supply and demand in the stock market, through the behavior of unintended be aimed at creating a false impression or misleading about stock prices, there is no such crime be realized as soon as the availability of the General Staff (physical and mental element), but you need in order to be the list of the availability of a special corner in the crime distinguishes it from other crimes, the private corner in the crime of manipulating stock prices, but a shop, which is located by the crime (securities).

The main problem in the science of conflict of laws is to reach the applicable law, since the relationship that fall in private international law are linked by more than one country, it is needed if conflict erupted with such picture to the choice of law to be consulted among the laws that are related to the relationship, And raises the question of adoption, a lot of dilemmas when required Find law, which is governed by the foreign-race relations, that is, when one of the parties to the foreign relationship, the reason being the lack of a signal Iraqi legislator in civil law to the rules of attribution of regulating this issue, which calls for the compulsory law application on them in the light of the principles of private international law the most common acts the provisions of Article 30 Iraqi civilians.

The implementation phase of the penalty represents an important stage in the modern criminal policy, where they were achieved criminal penalty goals, which penal institutions seeking to put into practice, and that's where the content of implementation has not been one since the known human society criminal sanction in response to what threatens his being and the interests of its members, as the different ends of the criminal sanction the signing as ruled by evolution as I want to achieve, and that the impact of the criminal sanction commenting on the implementation, and characterized this implementation Balsafh arrest without the intervention of the will of the convicted person, as the sentence imposed, including sub sanctions are not prompt him to take the initiative to implement it, but to the competent state and assigned to have the right to implement the punishment of the convict and the power to breach the right of the community.
The implementation phase of the sentence is the stage in which achieved the goal of punishments , 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 breeding and rehabilitation of social life away from the risk of deterioration in the crime, as is the execution of the sentence as a practical translation of the ruling penal of conviction, which confirms The importance of this phase , and the other phase of punishment for different implementation methods and depending on the quality of criminal sanction. And knows the punishment as the practical application of the content of the penal sentence in real life, which is a state activity which is aimed at the realization of the judicial decision and highlighted into concrete existence. And this can be visualized implementation phase of the sub sanctions as procedural process of transferring government is formed after the issuance to the application stage, then so is the embodiment of this stage of the content of the penal provision .

Dormant bank accounts regard as a main, economic-related issue, as bank accounts playing an active part in socio-economic environment.
Nowadays, No commercial transaction can by done without some sort of bank to accomplish it; either by opining ,maintaining and closing bank accounts.
Bank accounts have many types, there is a current account, saving accounts ,ordinary account...etc. and most modern Legislations codified the status of dormant bank accounts like UK, France, Jordan, Syria, Iraq; but they differ in naming that accounts, some use the word(inactive account) other used ( unclaimed account) or (freeze account) and so on.
Its been noticed that banks and financial institutions have a dormant accounts because their owners forgot about them, so it's a necessity to regulated issues arise from these accounts to fulfill two goals; protect these accounts from theft and reinvested their fund in for the sake of whole society.

It is of the most serious crimes, which lies on the public office and public funds that representative by the contracts, since the crime in question represents an infringement and violation of the principles of the contracting, which include confidentiality and respect the principle of equal opportunities and respect for free competition among the candidates to win the tender. However, those principles may be violated by the officials who are responsible for the tendering and contracting, therefore; the legislature intervened to criminalize for employee who is getting benefit or commission of completing these stages that he is in charge of. Thus, based on the importance that imposes itself as a necessity of the necessities of scientific research in such a subject and through what we have mentioned above, we have reached some results , the most important of them is inadequate punitive text cited by the legislator as a punishment against the perpetrators of this crime and that is disproportionate to the size of this crime by increasing its perpetrating rates, and that not following the legislative development given to this crime comparing with the legislation of Kuwait, Egypt who are very strict in the consequences of this crime. Also, we did not find enough attention from the legislature to avoid the occurrence of this crime by strengthening the legislation governing public contracts because this legislation’s inflation and its plentiful is another factor of committing this crime. So we have asked the Iraqi legislator to edit the text of Article 319 of the Iraqi Penal Code to increase the punishments with redrafting the text to include the various situations that are used by the perpetrators to commit the crime, also we have asked the Iraqi legislator to issue a public contract law to be the special legal reference for the public contracts, and cancel all legislation, regulations, instructions and classified in one of legislation package.

Children are risky to a large number of violations during the armed conflict, so it came to be involved in because of recruitment by parties to the conflict, so the statute of the International Criminal Court has counted that work is a war crime requires international responsibility, and already it prevented in a number of international agreements , handles Find this statement the concept of child recruitment and conscription with a statement of the reasons for the size of its implications, with a statement that responsibility in the light of international justice in order to put an end to impunity .

We studied this subject in two sections, we dealt with in the first part: the nature of the recruitment of children In the second section we dealt with the issue of liability in international justice and its applications, with the study of the possibility of prosecuting the occupation and terrorist forces Daesh exposure Iraq for that crime, and concluded that study into a set of findings and recommendations.

May haunt the words constitutional text or his most unequivocal, it comes the role of interpretation to clear up the confusion or that mystery, but if the constitutional text is a clear meaning and the wording is the phenomenon of significance, it happens to be applied this his condition leads to results Aobaha logic and inconsistent with the goal that Tefioh legislator put it, in this case to be considered in the bug report text, which is the interest or right protected by law.
Thus, the explanation is a necessary process of constitutional rule never applied to real-world situations, Valrabotth between the interpretation of texts and their application can not be severance intertwined.
And the interpretation of constitutional rule explanation properly is the first step towards the application of the facts that are governed by duly respected, and whenever interpretation closer to the meaning of the legal text and content, for as it was the lowest for justice, and justice is the ultimate goal of the legal system in any society and knowledge of the means of interpretation of the texts is the solution the work of the employed eradication in general, constitutional and judiciary in particular, the judge can not text application has not been a full stand on its meaning, and access to the correct meaning of the text can only be achieved through interpreted properly, the latter is not characterized for this status only if they rules and principles used by the constitutional judge to arrive at the proper meaning of specific and clear, and this is an important science interpretation that looks at the best possible ways and means of how to interpret the constitutional provisions and this is what we will try to be summarized by the following search.

We are discussing the obstacles to declaring a state of emergency under the Constitution of Iraq in 2005, in addition to the fact that we have failed to address the constitutional law of the state of emergency in terms of its causes and basis, especially that the constitutional jurisprudence and constitutional legislator in most constitutions had a position in terms of determining the reasons for declaring a state of emergency, As well as determining the type of state of emergency granted to one of the parties to the executive authority and often the head of state, which in turn has the authority to declare them to meet special conditions and conditions passing by the state, especially that the constitutions range from a state of emergency simple or ordinary and those called H In addition to the above, we have dealt with the obstacles of declaring a state of emergency. We have divided these obstacles into two types: constitutional obstacles, which revolve around the constitutional wording of Article (61 / IX) and the complex mechanism, In addition to the above, the political obstacles have been addressed, which, in turn, relate to the nature of the composition of the parliament, a representative of the House of Representatives, in addition to the nature of its relationship with the executive authority, which was characterized by weak mutual trust, which reflected negatively on the declaration of a state of emergency,

Has been shown through research on the subject back between carriers in the transportation revolving the carrier, which pays compensation on its own or on the basis of his claim by a formal claim, in reference to carriers other actors with him in the transfer cascading is this back, sometimes, on the grounds subset (cross ) and the other is claiming original and vary the proportion of reference established between carriers successive different legislation, and according to whether Makant stage of transport that gets through the damage has been assigned or not, or if it was one of the carriers is insolvent, as they bear the carrier solvent would then share in the share of insolvent carriers successive rate varies depending on what required by the law of the Iraqi Transport and comparative legislation has also founded back carriers successive among themselves, either on the basis of a lawsuit to replace the right holder aggrieved that meets his or demanded by an official, and which finds its basis in the relationship between the latter and the rest of the carriers successive. or to the case of personal finds its basis in the relationship between successive carriers themselves, whatever the case, this action shall expire over a certain period varies according to the Iraqi Transport law and international conventions on transport.

Granting of the Iraqi Constitution of 2005 under Article (93 /3) the right of individuals to protect their rights if they have been violated By stipulating that those concerned individuals the right to direct appeal to the Court on issues that arise from the application of federal laws meant direct appeal possibility for asylum individuals directly to the Federal Supreme Court of strife provision of the Act, claiming breach a constitutional text.

And that kind of constitutional litigation, which is based on an abstract self-rule in the constitution concerning the contested provisions unconstitutional is highlighting the characteristics of self-constitutional lawsuit It is worth mentioning that the nature of the kind of constitutional lawsuit does not benefit to Zuma decomposition of direct self-interest clause, This, however, is clear and explicit for the legislative side, since limited the right of direct appeal to individuals with respect, while the judicial situation in which the type of conflict, as time refers to the granting of individual non stakeholders the right of direct appeal of unconstitutionality, and again It restricts the right of direct appeal to individuals with respect.