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

The Human Rights and its basic liberties become International case , and they also become un partition . This is what The International Bill of Human Rights emphasized that aim to enhance and protect the Rights of all people especially persons disability though they aren't mentioned , except in the agreement of Human child 1989 , the first agreement is to prevent the distinction against children on the basis of hindrance , and thy have the Right to bask fill life and get especial care to achieve that .
Concerning The International legal rules for the Rights of persons disability that The united nations based on which is the special announcement of the subnormal in 1971 and the special announcement of the filifbusters in 1971 and the programme of the world labor for the filifbusters in 1982 and the united rules to achieve the chances equivalence for the filifbusters in 1994 and the agreement of the Rights of persons disability in 2006 that represented the first basic act for Human Rights in the twentieth –one century . It also represented world progressed step to build up new instruments to protect the of the Rights of persons disabilities .
The ration of filibuster's is 15% from the world population , i.e., it is about milliard people in 2012 according to the statistic of the universal health organization who are represented the most margined people in their society . These persons live with special hindrance and face many cases of un equality in getting the basic resources such as learning , working , health care and legal protection orders . Therefore , it is unacceptable to continue in depriving such great number from their legal and Human Rights .
There is no doubt that respecting the universal and International documents and applying them correctly will lead to enhance the elements of peace , security and comprehensive development to all communities .Therefor , it is hardly difficult to serve the filifbusters and protect them in normal circumstances or not , especially in disarmament or foreign evading . In addition to that , the International agreement will prepare to them many chances to participate actively in civil political , economical , social and cultural domains.

This independence is the cornerstone of any process control and evaluation of one of the first and basic requirements of any regulatory system because of the special pressures that could result from the effects caused by work and move officials and offices to its supervision and public opinion ,The independence of the office is wide concept includes financial and administrative independence and intellectual.

Given the seriousness and importance of the work performed by the employee or the equivalents in the community, it has been subjected comparative legislation that works for multiple images of control, including the control of the People, which permits citizens to control the acts of employees or the like and detect defects and shortcomings which riddled and deviations which commit occasion they do their business and that was affecting their honor or considered by the recognition of the right to challenge the work of the employee or the like, or the so-called French jurisprudence (le exception veritatis) .

Since the right of appeal in the work of the employee or the like may involve the implications of intervention under the description of the crimes of libel and insult, they admit comparative legislation to legalize the use of the right to appeal if there is objective conditions to be observed by granting the accused the right to validate the facts of defamation through the payment by the fact that lead to the legalization of libel actions against the employee or the equivalents.
On the basis of the above, specialized research study to ensure the defence of truth and its impact on the legalization of throwing the employee and the like according to a method analytical comparison, was divided research into two sections, taking the first section of what the right to challenge in the work of the employee or the like, while specialize second topic statement guarantee of the defence of truth, and finally conclude Find a conclusion in which the statement was the most important findings, and some of the proposals that reflect use them in the future.

Central Depository Securities is the system assumes appoint of central repository specified in the law , shall deposit securities conservation and place them after that turn out to be just constraints arithmetic operations clearing and settlement after being traded and then transfer ownership , and because after the deposit of securities became there records of securities. was given the task of central depository agencies concerning the status of the signal on the ownership of securities deposited as a sign the mortgage , seizure and freezing . It follows the Securities Depository in accordance with the Central Depository System shift securities from its physical form to a mere calculation restrictions to facilitate the functions of the depositary , as a result, create legal relations ensured some legislation organized. The Central Depository System is an integrated system designed to control the movement of trading in the stock market and ensure the safety of operations , it is necessary to work the stock market, no exaggeration to say that the work of the market depends on the Central Depository System , so it worked legislation to regulate the work of the depository Central and allocated some of the laws which determine the full parameters of this system and everything related to his work .

The appeal appellate natural extension of the suit , which ruled that the Court of First Instance ( Court of First Instance in the judgment of the degree of the first in the Iraqi law , the District Court and the Court of First Instance and the Court of the family in their judgments within a quorum primary in the Egyptian law , the Court of First Instance in all sentences issued by the except those exempted by a special provision in French law ) , and aims to appeal to reconsider the case again and re-sentencing , and building on , the requests may be presented to the Court of Appeal should be the same that were presented before the court of first instance , and on this basis decided to base the inadmissibility bring new applications to appeal , and what the function of an appellate court is not limited to monitoring the rule of court of first instance , but is the second degree of litigation consider the case of a new building on what is available have elements of legal or factual , it is possible application of the rule developed in absolute terms , because the precise application has lead to disadvantages outweigh what achieve the benefits of , what the consequences of this application requiring litigants frequency between the Court of First Instance and the Court of Appeal and in endless Consequently forced legislator in comparative laws to report passport progress for the first time on appeal new claims were not before the court of first instance , and these requests may be in the form of requests for new subject matter allowed to opponents who were parties in the case before the Court of First Instance submission to the Court of Appeal an exception to the rule developed , or are in the form of new applications Bochkasa is to allow the intervention or the introduction of third parties in the suit of Appeal and has accompanied by requests new substantive progress by the intervener or in the face , and the exceptions referred to in the first picture varies scope of the law to another law comparison , since the transfer of both the Code of Civil Procedure Iraqi Law civil and Commercial Procedures Egyptian some exceptions , which was determined by the law of pleadings old French , the recent law , the legislation in force in it after that expanded the scope of these exceptions through the formulation of new in them to accommodate new situations , has added to a range of other new exceptions , and this the foundation has become such exceptions are classified by the scholars of the Code of Procedure French into two parts , namely traditional exceptions , and exceptions modern , based on the historical development which passed by codifying these exceptions legislatively , as described the first as traditional as they refer to the Code of Procedure French canceled , issued in 1806 , and the second , they described Haditha as they acknowledged in the Code of Procedure of the French in 1975 .

Bodies considered independent Hiatt relatively recent deliberately created for states to carry out the functions of a sensitive nature and mission Taatnahy about the ability of traditional management, or that the legislator Dabbagh out of custody to these devices.
To this end, given this Bodies independence necessary for the exercise of its activity, but notes that the concept of independence, such as one of the titles that were raised in question debates, despite being a common element lays Bodies independent, as it seems the word independence in all addresses Bodies Independent States which have adopted, As shown in all the definitions that have been said in question, due to the fact that this independence in nature, especially, as it represents a concept unfamiliar in institutional building traditional as we'll show, so it was necessary to study take note of its features and dimensions. besides highlighting how to handle the legal systems contemporary and including Iraqi legislator with the provisions of these guarantees.
Secondly, the research problem:
The independence of the independent Bodies among the most important topics clouded by uncertainty in the field of study Bodies independent, so the study was to provide a thorough answer to many of the questions that degrade of this problem.

The subject of the study is Remote Litigation which means using the electronic techniques to apply the judgment, since the judgment is a phenomena for the state's prevalence, so this study must be worthy to the level that judgment represents in the state, and we have defined the Remote Litigation as an informative judicial statute to apply all judicial procedures through computers connected online by using e-mails for a quick deciding for rules and verdicts against claims and easing procedures for complaints and defendants and implementing rules electronically.
So we are opposite to new mechanism to apply a new judicial statute based on bases and legislations and judicial rulings in the shed of digital techniques and information that made the world looks like a small village, that everything could be modified into digital data either picture, voices, scientific theories, engineering charts or chemical equations, and that what distinguish this study whereas it specified since beginning wide frame in dealing with the issue considered as (developing the information) a comprehensive issue for the judicial attachment, and not mere improvement in some judicial procedures inside the courts but it shows stages of judgment as it be in its classic state but it is by electronic ways means through very far distances by applying its general bases for the law of civil prosecution without ruling out any of them, but employing them to work according to this system and obligation of legal intrusion by modifying some of them as we refer to in our study, with showing the defects of the current classic paper procedures, one of them is difficulty of briefing on claims by the opponents, exchanging the memorandums, difficulty of sending summons, and easy to destroy or difficult to resume it , and it is subjected to steal, and the effect of time factor in destroying in due to bad methods of storage inside the courts.
Therefore this study dealt with all these problems and stumbles through using Remote Litigation , some hints of electronic suits appear through showing or submitting the claims by the compliant through the electronic sites of courts or the attorney, after accepting his authorization by the prosecutor according to legal agency issued formally.
Therefore when the complaint intends sue a claim electronically, first he sends his claim through an e-mail to the site of the court, provided that this site is 24 a day, 7 days a week, then all documents have been received after consent of the specialized company responsible for that site then sending it to the specific court, the clerk received it after make a double check for all legal papers and check the ID of the defendant and then reply him with acceptance of the claim through e-mail, knowing that in USA currently they suing throw online within a legal online site owned by a specialized company lies in Santa Barbera in California started work in this field since September 1999.
Therefore this study showed that, this statute achieve many privileges like it's easy to view the folder of the case from far distance, possibility of exchanging the memorandums from far distance in the same time without delaying the claim for many dates, in addition to get rid of the long routine of referring to more than one destination to register the claim or paying the fees , procedures of notification the parties, ease of transferring, ensuring the time because there is no need to visit the court to brief the verdict of the or the rule issued for the claim, no need to travel to attend the sessions, ability of sending the folder of the case from the primary courts to the secondary courts, or sending them to the legal medication or the experts' offices, with ensuring the right of opponents related with legal documentation of all statements and decisions of the rival or the spectators have be documented legally by the hearings sessions, and achieving the transparency in dealing with the claim, ease of keeping the issues and speed in dealing with folders, ensuring the expenses and efforts in transferring the amounts to the place of the defendant.
In addition to what have above mentioned, this statute has another advantages like disappearing of the paper system and substituting them with electronic letters through web sites in short time, these electronic procedures reduces the literally writings mistakes by clear and accurate printing phrases, hence the judicial statute has achieved a big stride in updating the legislative developments and investing most modern technical means to achieve goals of the judgment.

I have led progress in various areas of modern life to the development of ways and methods of treating human and animal diseases, where she moved from the ways and means of conventional followed by the physician or pharmacist in the performance of his work in therapy to modern means of electronic devices and new technologies have helped workers in the field of medicine sounding the depths of the body McCann and patient treatment extremely difficult.
Has led to the promotion of the pharmaceutical industry, as the progress of skills and medical devices used in the field of medical work in general, and screening and diagnosis in particular led to the discovery of new diseases were not known in the past, which made the need to find a medication medical commensurate with the nature in terms of the treatment of hand, iPods and not to damage the patient's body on the other. The lead scientist from the legal big role in the conduct of studies and research that help guide and direct the legislature of what appears from a lack of legal texts in general and criminal, especially in the organization of medical work the various branches of medicine, pharmacy, etc., so that the law is the protector of this work and encouraging workers within the scope of the offering of the ground and a suitable environment for the work and approved the safeguards that make up the immunity for those working in this field from the side, and works on the criminalization of acts that constitute an assault on the patient's body or a breach of the public interests in the community and determine the appropriate sanctions on the other.
Medicines medical affecting the health of both the individual and society if left to deal with the methods of delivery to the patient at random and is governed by the rules of law to ensure provision of sufficient quantity and quality in terms of validity in the performance of her job treating diseases, prevent or alleviate the pain.
Perhaps the reason we have chosen this subject in the research that most of the studies and legal research, if not all of them have focused their attention in the field of medical responsibility for criminal liability for both doctors and pharmacists and their assistants for their mistakes professional and rarely dealt with these studies criminal liability or the extent of criminalization of acts and behaviors located on the medicine medical form contrary to the provisions of possession of drugs and medical dealing with trafficking and others at the time, which has expanded the scope of the pharmaceutical industry multiplicity and diversity of plants and their sources, which does not constitute a cure ailments for most of them only a secondary objective, given the objective of direct and real achievement of earnings material, as well as greater openness witnessed by the international community in general and Iraq especially in the domain of trade in general and trade in particular, medical drugs.
Where the goal of this study is to highlight the seriousness of the phenomenon spread Pharmaceuticals invalid in health institutions in pharmacies and other stores, whether governmental or civil dealing with medication medical.
Through this study, we found that the Iraqi legislature regulates the processes of the pharmaceutical industry and medical imported tightly minute, where you are not allowed to deal with unless you are from a known source winning official recognition by the authorities concerned, it makes the acquisition of Pharmaceuticals supplied by the source is not officially recognized the purpose of trafficking by, of crimes sabotage the national economy urgent moral turpitude and punishable by the strongest sanctions ranging from capital punishment and imprisonment for five years, and to make this provision a comprehensive person metaphor and unauthorized dealing with medicines, medical as well as the lack of its requirement proved trafficking actual medicine shop tenure and sufficiency as soon as provide accidentally trafficking upon winning, and make it a matter of substance are riding in the trial court to assess the availability of this intended or not, through the conditions and circumstances of the crime and the amount of drugs subject of the crime.

The phenomenon of private military and private security phenomena of modern on our country Iraq, for that, we find that no legal regulation and national Iraqi nationality has won, including accounting or prosecution to arrange for the exercise of its violations and crimes sometimes it had been committed by employees who thirst for violence and use of excessive force in sites were not only civilian sites.
So This issue was the starting point for a mess-up of the legal activities of these companies and their employees in Iraq, and then began the United States to take some steps slow fact the issue of a framework governing the work of those companies in Iraq through the bitter (17) for the year 2003 of the civil governor in Iraq (Paul Bremer).
Then issued the command (17) revised in the form of a memorandum in 2004 to demonstrate the registration requirements of those companies in Iraq to mark their work in it except that it was not a guarantor setting the legal framework for the activities of these companies and their employees into the actual implementation since the positions of the United States, specifically the positions of the Ministry of Defense did not contribute stop those companies and their employees to be held accountable and their crimes and violations because the ministry did not deny the statements of some of the founders and heads of these companies that they are far from prosecution by any state because they Are part of the U.S. troops comprehensive and that Are not trial of its members, but by military courts of the United States with then statements that it is unconstitutional to prosecute Askarayas because they are civilians, not military personnel and about these divergent positions with frequency Iraq to take effective exercise of its jurisdiction committed these are not afraid to punish to be convinced Iraq to begin exercising its role to maintain the prestige and sovereignty.

Until she reached the degree of political organization and constitutional different political systems that the state bodies mere competence is not the authority , where returning power to the people , which means the need to restrict the powers of the state to the provisions of the legal system and to submit to the principle of legality , and the legislature as one of the authorities of the State are subject to this principle with the necessary limits of their competence legislative put rules Blog ( the Constitution and the declaration of rights ) , and parliament may skip those borders that are not limited to methods rather than to the goals that must be aimed to the jurisdiction of parliament legislative namely the public interest , and vary the degree of organization of the constitutional authority of Parliament in the legislative competence of the esteem in which the al-Qaeda public and restriction where baptizing legislator in some cases to restrict this power up to a lack in some cases , while it will be defined in other cases may not skip those limits .
in addition to the Constitution, the declarations of rights as standards for the protection of rights and freedoms and controls the political organization , moved from national framework to being represents a measure of the level of governments should treat their citizens , and as long as those ads aimed at protecting the rights and the maintenance of freedoms , there must be a bind on the state, represented by its three branches , particularly the legislative authority to refrain from confiscating those rights and freedoms or overtaking them through enacting laws.

The trade profession practiced by man since ancient times, so that some of the business rules that are still in place now,were found at the ancient people s and civilizations before , Trade is considered the backbone of economic life in the past and the present to its importance and its place and role , which led to a thriving life in all fields and to increase demand for them and a widening circle of commercial activity , and this activity is based on several factors or principles to assist it in achieving its goal is the most important principle of the freedom of doing business and the principle of freedom competition, meaning that the competition of the rights guaranteed and planned for each person engaged in commercial activity
Due to the rapid development that has occurred in commercial activity shreds should be characterized by businesses competitive in the sale of goods and services in the market , Vtad competitiveness as a factor important in determining the success or failure of a business is , and that determine the ability of a project to meet the needs of consumers , compared to projects other providers of goods that or similar services , so intensified competition among traders Vtaddt and varied methods of competition used in the trade , Vochkl the people some of the things on competition trade , some traders follow illegal methods in the competition , while others followed the methods of legitimate competition, and means they have applied Traders legitimate competition in many of them gifts , discounts and free maintenance and other legitimate means , which would create an atmosphere of competition between traders and the project , which make up the commercial incentives provided by the merchant.

After the court has finished the discussion , the legal doctor decides to put this evidence in the evidences record to know the legal value , even it is enough for prove to criminal instrument or needed to more supportive evidences , the legal medical experience essentially based on the Scientific evidence proof which getting from the medical experience and its validity to rely on the judgment , so the criminal proof is difference of civil criminal legislation , not limit the evidences but the medical project taking principle the judge freedom to convince , not limit the proof evidence this is contrary what in the civil proof that specify the civil legislations .
This means the legal medical experience that charged to the legal doctors of the most prominent experience , this the role in most the technical problems , in nowadays the interest is increased the criminal proof due to the scientific and technical development in all life sectors , most of the criminal problems of proof problems of the scientific and technical rules concentrated on study this research , on the legal report , in order to include the research subject . the research has divided it into first topic of legal value of the medical legal report , the second topic to show the legal observation on the court to estimate the legal medical experience and the legal medical responsibility and ended the research ,conclusion , results and recommendations .

Night before holding the election of Iraqi Barliament , for the third session Representatives council made a decision,No 1/9/2535 at 19/3/2014 , which stated not to debarring any candidate of elections in case of lacking to the good reputation & manner condition , mentioned in artcle 8/3 of reprisentatives council election's law , and informed the Independent High ElectrolCommission , and denied any other decision contrary with it's interpretation decision . legal crisis with IHEC rised as a consequenc of that decision.
Representatves Council made the interpretation because of debarring nomber of reprisentatves from participation in election , by the Council of Comissars , on the ground of lacking to the good reputation & manner condition , ither because of impunity take off riquest reprisented by RC for acusing them in criminal actions or ran away of some of them or because of signatures & files forgery , in the same time , Judicial Institution of Election approved some decisions and appeale the others and brought back some representatives to nomination.
To balance this crisis legaly, and find out the legality & constitutionality of RC decision we choosed to study that case , never studied before .
We used the extrapolative approach , by moving from part to all , to analize the council decision and motives behind and then to check it's constitutionality , we also compared some of concepts in the constitutions and laws of comparatives states such as U.K , U.S.A , Franc , Eygept.
Finally we stated our conclusions ,and our preventive & curative &punishing resolves wich we hopping to be a step in bulding a RC contain well known members , that will affected posetivily in the function of RC.

The openness to the world between peoples, and the consequent This is the formation of a human multi-national or ethnic groups or religions mix, has generated some of the problems caused by that command, and between those problems the possibility of real property transfer commandment between the testator and recommended to him with a different sexual between them , especially since we are under the legal stresses for most countries paid by real estate property protection on its territory, especially of foreign ownership of that property, what constitutes the subject of the threat to the security and stability or control over fixed property and put However, those who are not affiliated with the Association of political loyalty (nationality).

In fact a person who provides or complaint against News malicious damage and literary material, and when it grew to an injured right of compensation remained that the court regarded him appropriate compensation. The news is often false attack on the honor and consideration result in harm literary Therefore, we find that it is difficult to estimate the damage or be physically damage. The compensation, which governs the victim by a double benefit, it compensates for moral damage, which is a type of punishment civil administrator for damage as well. The compensation for a crime misreporting spins presence and naught with the proven elements of the crime misreporting, including lying and availability of criminal intent and public sectors and in addition to that injury victim harm it is not proven that the prosecutor informing falsely not govern compensation Recourse to the courts is a right and license granted legislator for all citizens Based So it's not entail the use of commonly used project any compensation to discount what the right of the damage in case of loss of the lawsuit because the passport is the legitimate contrary to the guarantee, but if you use this license widely used illegal in this case is entitled to aggrieved to resort to the judiciary calling for compensation of material and moral, which suffered as a result of So the news. The injured party is entitled to misreporting of crime have the right to assess the claim before the court of civil or criminal court and both are required to lift the criminal case against the criminal justice system to be damage to the directly affected personally. The research is divided into two sections looking at ways the first requirement of compensation The second topic to estimate compensation.