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

the subject of the impact of the President's failure to executions authentication of important issues at the present time, The Constitution authorizes the president for many functions, including the competence to ratify the death sentences and this jurisdiction binding him, but the President of the Republic refrain from authentication without a legal reason, this omission is a position contrary with respect for the law and the provisions of the prestige of the judiciary and is a breach of the constitutional duties rests with the President.
Since the President represents the unity of Iraq code and sovereignty of the country and oversees the guarantees of adherence to the constitution is practiced part of the public authority, as has my name from the average citizen center legal status, and is more a person demands to provide the necessary protection, whether legal or political or security of the community.
It then raised the criminal responsibility of the President of the Republic as a result of this omission, the president of the republic directly responsible for the implementation of those provisions in the form drawn by the law and which will contribute to addressing those who committed crimes necessitated eradicated from society and social gravity and to protect society from the continuation of committing such crimes.
And to refrain from executions authentication ripple effects extend to the political, social and security of life in the country, failure to ratify the death sentences lead to the absence of the purpose of the punishment which is to achieve justice and to achieve the private and public deterrence, and lead to escape death row and the spread of terrorism and then increase the commission of crimes by convicts death both inside prisons or through their relationships Balarhabiyn outside the prison, and not to executions lead to a breach of the principle of legality and thus damage the public interest community .

The International Observers of National Elections play a decisive role in Consolidated the Government Legitimacy, their Reports often convince international Community about the validity of the Election, therefore, these Observers cannot work without a whole legal system governs their privileges and sanction which may imposed on them if they violate their boundaries.
This Research will Discuss kinds of legal responsibility imposed on the Observers.

Different ways to use the money from one person to another and from one country to another Some use checks and others used credit cards and others used the stock for easy carry in each of these methods may be exposed money to the loss, have someone take this money and have a choice between that looking for the owner or to betray him to the competent authorities in the state to take over the search for the owner and it're advertising in advertising media such as newspapers or the Internet, and after a period of time set by the majority of the legislation one year should the competent authorities to hand him over to the person who found him or to charities that did not want it in this research the nature of the hands of the captured Pena bug wasted money in Islamic jurisprudence before the announcement of a hand after the end of the secretariat of the declaration shall be the owner of several options which have lost money or doing charity for the poor, the owner came to him within it. The nature of the money lost in the law, it does not differ much from the legislator Islamic where necessitated some legislation on captured that is searching for the owner and handed over the money if Palace in so it was a guarantor in the event of damage to money or its loss useful tools the hands of the Secretariat of the money but if you do not find the owner he must to betray him to the competent authorities in the state during a specified period from the date of capture and the only exposure to the criminal accountability.
Based on the foregoing, we divided into two sections Search Pena in the first section the nature of the money lost in Islamic jurisprudence and in the second section Pena legal nature of the lost funds.

Although the source differs from the emerging for in terms of the legal nature of the impact, we find that the term permanent income carries involved: the first meaning source a permanent income, and the second meaning impact arising from the source, a commitment to permanent income, and in our research in the study we will address the legal nature of the permanent income in addition to eating other aspects of the concept of permanent income in terms of its definition, and the statement of its properties, and distinguish which suspected him, We have strengthened our research to the subject of the permanent income concept under study judicial provisions that illustrate the practical side of the principles of law and rules

Public employee like any citizen has the right to exercise the rights and freedoms guaranteed by the constitutions and laws , and these rights are political rights , but she described as an employee in belongs to the state and is represented at the same time , it is through the implementation of government policy and translate them into reality Ahieddiah citizens , imposes upon some limitations should be observed and adhered to in the exercise of political rights , in addition to the general restrictions that govern all citizens of the state to achieve the continuity of public utility , because the employee provides service to all without discrimination among them , which makes the subject of study limitations contained on the exercise of public employee for his political rights with paramount importance and prickly at the same time for reflection not only on the career , but on the political life of the whole community , which prompted some constitutional systems the past to keep the public employee completely from politics and not sticky in vividly in order not to affect the performance of its functions , but that put the employee has changed in recent times has tended towards the recognition of the political rights of the employee , it has been recognized freely express his political views , as well as participate in the elections both as voters or elected , as well as to join political parties after that was denied them.

With the end of the seventeenth century until the end of the nineteenth century, the desire of European countries to codify the rules of international trade law in its domestic laws appeared so desirous of regional resettlement of the rules governing commercial transactions, the result of multiple considerations made in each country separately .
Which led to the predominance of international trade provisions as national within each state and placed in the general rules of international trade. The beginning was in France and Germany, followed by the rest of the states .
As the national trade techniques mixed with each other, the occurrence of conflict are inevitable, so it has lost international trade customary substantive rules formed over time by the advantages, and has become under national legislation and the rules of attribution contained authorities, taken in turn, a national character vary from state to state, resulting in the difficulty of knowing the law governing private international character of relations in this area, in other words, the difficulty of knowing the legislative jurisdiction in the settlement of disputes that arise in the field of international trade .
And in front of the great development in industry, transport, communications and investment in an era dominated economic freedom and the movement of trade across countries, by increasing state intervention in international relations through its control over many areas, making it appear the appearance of normal by another person, the problem that emerged related to the legislative competence and knowledge of the law governing these relations, and to address this problem of these countries issued a lot of legislation in areas that can give rise to a conflict such as investment in particular .
However, the application of national laws on the international nature of trade relations, is unacceptable, because it is facing different circumstances and parties from various countries, which leads to the result to a disturbance in the trade deal .
So it has signed a general measures the task of finding the right solutions and the development of legal rules governing the special relations in the field of international trade is international conventions and treaties in this area, including the establishment of the WTO Agreement ( Wto ) Of 1994 and the covered agreements, where she worked to find a uniform rules governing commercial activity for the Member States of them .
As the organization has a legal system adjudicates important in disputes between its member through the legal rules set forth in the MOU agreement for the settlement of disputes in the Annex (2), which included a friendly ways are consultations and good offices, mediation, conciliation and means of judicial is arbitration, The competent body to embrace and work on the application is the DSB .
And show the importance of research in the knowledge of the applicable law on the relationship at issue in which the edges belong to more than one country of the OIC Member States ( WTo ) In international trade. Which clearly appear in the investment, intellectual property and trade in goods and services scale .
As well as knowledge of the role of the will and the attribution rules of law as well as the substantive rules in the legislation of member states of the Organization ( WTO ) And the texts included in the legislative jurisdiction of the knowledge of the law applicable to the relationship at issue .
The study concluded that the substantive rules contained in the WTO Agreement and the agreements that are covered are applicable mainly with the foundation to give the role of the will in determining the law applicable in some cases narrowly law .

Saw the humanity in the early stages of its long history wars have had disastrous effects on the innocent, there has been a brutal war and the scourge of human suffering over the years, since the dawn of history, the war happened to the necessary human in all ages.
These wars are still sweeping the country and destroy the landmarks of civilization and national wealth and increased severity from generation to generation in view of the massive development witnessed by the countries of the arsenal of weapons that do not distinguish between a protected class for others. That the provision of medical services in the course of armed conflict is one of the dangerous tasks that may be exposed operators to provide such services to the violations amount to a liquidation or torture, humiliation, and despite the fact that international humanitarian law prohibits discrimination in the treatment and establishes equality between the protected categories, but the special nature The tasks characteristic of some groups, including medical personnel had to give them some kind of protection that should be commensurate with their professional or quality of the work Aaant. So it was necessary for the international community that no special protection to medical personnel while carrying out their humanitarian tasks in a time of armed conflict, international and non-international.
As a result, this type of protection is one of the main pillars upon which the principle of humanity which is one of the most important principle underlying international humanitarian laws

The global nature of the material and non-electronic commerce where there is a specific place can be applied its law, which requires a special law governed, in order to achieve legal security sought by contractors, and whether this is a national law? Or is it the law of a new world?, So the writers of private international law , went into two groups.
first team: he went to apply the rules of attribution of both types (traditional and flexible), which is the traditional way in solving the conflict of law , Because the communication electronic commerce transactions in many countries , which giving international character of its contracts, despite the difficulties and legal obstacles facing application, especially those that depend on spatial controls.
As for the other team, it calls for the application of the law is Unpatriotic, through the work to find the rules of material applied directly to resolve trade disputes mail, so based for two reasons, the first is the privacy of conflicts that characterize the e-commerce for another, and the second refers to the flaws that lead them to apply the rules.
As for the other team, it calls for the application of the law is a national, through the work to find the rules of material applied directly to resolve trade disputes mail, so based for two reasons, the first is the privacy of conflicts that characterize the e-commerce from the other, and the second refers to the flaws that lead them to apply the rules attribution in resolving the conflict of laws, prompting the national and international legislation and relevant international organizations in addition to the online community, to work on creating rules material for electronic commerce, so we will address research what the lex electronic rules for electronic commerce, and their characteristics and their sources, and then evaluated.

Through the study of the topic of thesis, it is appeared that the motive is all what incites to manner , if it was mentally or dynamically, being there is no manner without motive, or it is a power which pushed the individual for conducting certain manner and in specific time. The manner continues till the achieving of its aim or goal and that means that the motive is a psychological power that the criminal intention is based on and after that the intention guides the well with recognizing for conducting the demanded manner from it (intention), therefore the intention plays a big role in subduing the well for conducting the manner and that refers to the existence of matching between them (manner and intention) morally.
The motives are divided according to psychological side firstly into inborn motives such as thirsty , hungriness and sex, secondly such as social and economic motives. Thus whatever the type of motive if it is inborn or acquired, it may be the reason in committing the criminal motive in case if it is not be saturated legally for example the motive of hungriness which leads to the demand of food, so in case of not be fed legally may lead the individual to committee a crime of robbery for fulfilling the shortage of energy in the body. The elements ,that push the intention toward the criminal manner , cannot be restored to specific element but it is a result of assembling a set of elements.

The decision to refer the case from one court to another is a procedure accompanied by accepting a plea of not having the required specialization at the court.
If the court ruled that it does not have the specialization, whether at the request of the defendant if it is concerning the place of hearing the case or the court insisting on not having the specialization, or at the request of the other parties if it is concerning the general order, then the case should be referred to the specialized court with no appeal allowed for its verdict .
The decision of refusing referral can be contested before the cassation court.
The later court has the authority to name the specialized court whose verdict should be obeyed by the two courts disputing on the matter of specialization .

Law recognizes the rights of the people and protected, in order to achieve certain purposes, it should be that restricts the use of purpose that grant for it, and have to use the right illegally whenever occurred outside the boundaries of that end, and would require the imposition of a sanction on the illegal use of the right, the sanction imposed for violation of a rule of law, and punishment to ensure respect for the law and ensure its effectiveness, and varied sanctions imposed by the law, according to the type of rule that opposers person, sanction may be criminally may be civilians, sanction criminal may located on the body of man or his money or his freedom, sanction Criminal consequent violation of a rule of criminal law , the sanction may be a civilian, a a sanction imposed by law when violating a rule of private law, and there is a the sanction and an arranged procedural Code of Civil Procedure in the face of opponent who violates the rules of procedural law. And sanction the abuse opponent in the use of judicial proceedings decide procedural law sanctions due to abuse of the right such as the prohibition of the use of a particular right or not to accept it.
In this study, we address the definition of abuse of the judicial process, and the statement of procedural the sanction for abuse of judicial procedure, and its role in the prevention of abuse raised, and studying the cases of procedural sanctions imposed by the legislature on the opponent arbitrary.

Thinking process is limited to the inner self, and involves the conscience, if launched from the subconscious to the surface, openly declared to the people or significance, the impact of informed and knowledgeable and wider, outside The expression of mystical thought is called the formulation of opinion, it is known that the formulation of an integral view of freedom of thought conscience and religion, as they remain incomplete because one was not able to express his thoughts and opinions, whether in speeches and in the boards own, or in his speeches in public boards and clubs, or in his memoirs and essays, books and Amaath, and in this sense has become a sacred freedoms and dedicated in all constitutions and advertising rights, regional and international charters .
Accordingly, no person shall be deprived of the exercise of these rights, the imposition of view it or intervene in his views, because we will be in front of the phenomenon of intellectual terrorism, which are tougher than the physical impact of terrorism .

Accordingly, the subject of intellectual terrorism is one of the most important topics of vital and with great danger, as the danger threatening the security and public order in the community, but it's threads few treatment, where he has not prompted interest writers and researchers, despite its complexity and expansion patterns and methods, as forms and wide and its effects are common in our daily lives fascinate and sectarian wars, and the spread of extremism and extremist ideas, as well as incitement to violence, which contributed to the media audio-visual and print, as well as contributed to the education and religious lectures and speeches curricula, as it was of the doctrines and religious symbols role in Ajojh fire terror intellectual or extinguish them, as they are very significant impact in the lives of individuals and their behavior, and this is what we will look to in our research in intellectual terrorism legislative and judicial basis in combat.

The research dealing with the Essence or Nature of Constitutional Judiciary , as this concept means , Constitutional Judiciary , as a concept it's nature causing many inquiries , wich are headed by the possibil Political nature of this institution , according to the impact of it's function wich may affict strongly in the field of politics .
As aconsequences to what minsioned a bove , we are about tow assumptions :
First: is to approve the posibility of playing political role , by the constitutional judiciary, as it depends in it's work , on the provisions of the constitution of state .these provisions are legal & political , by itself because constitutions are orgenizer of the political, legal operation in the state, in addition to it'a role in the other fields of life in the state.
Second : is to refuse the posibility of playing political role , by the constitutional judiciary , according the principle of judiciary indipendence,and the necessities of being neutral . interferanc of constitutional judiciary in the political life makes it under the impact of politics , so this assumption refuse the political nature of constitutional judiciary ,and approve the legal nature of constitutional judiciary.
According to the mentioned above , this research standed on the assumption that agree the legal nature of constitutional judiciary, , and tried to prove the political effects of the function of constitutional judiciary, by clarifying the meaning of constitutional judiciary and it's features .

The principle of proportionality is considered the basic principles of international humanitarian law, this principle is followed by a large number of the rules of this law.
despite the great importance of this principle, but it did not receive attention in the research and study which should be suitable for its position in this law.
The proportionality is based on a basic idea that of non-excessive use of violence and force in certain situations, certain limits must be adhered to be acceptable and not excessive use of force, so it preserves many humanitarian considerations, and provides a high degree of protection which can,t be secured, without this principle.
The religious, moral and social considerations had a great role in finding this principle .
Even at the beginning of its appearance was in the form of religious and ethical rules imposed by peoples and nations on their own fighters to be obliged to them, Due to they have a value in the culture of those nations, and they become a part of customary international law which arbitrate the armed conflicts.
After that this principle had been codified in a large number of international conventions and agreements, especially international humanitarian law.
This study deals with the principle of proportionality, although it is hard to cover all its aspects in this study , but it is an attempt to highlight the importance of this principle and to clarify some of its importance and features .

This study aims to indicate the effect of general utility theory on administration decisions fulfillment, whether that was towards the administration or the individuals.
As for the effect of general utility on forcing the administrational decisions towards the administration, it shows in two important ways which are: terms of administrational decisions with no more further investigation of the past and case of possible cancellation on the effect of decisions which has being made by the administration for later date of their issuance.
As for the theory effect on fulfill the decisions towards the individuals, where decisions can't be made only after their knowledge by an announcement or by being published or by certainty.
The general utility theory has a clear effect on implementing administrative decision and through that theory the administration was able to implement the decisions by itself and in a direct way according to special cases, if there is a direct statement in the law gives permission to the administration to act directly, necessity, or when individuals refrained by acting the law. If the administration does not wish to implement the decision by itself then it will refer to court where they have the authority of claims of criminals or civil to ensure of acting the administrational decision in accordance to judicial decisions.

The investment projects have the important role in economical growth process , whether for the host countries for the investment projects or the importer states for investment funds , installing the investment projects need provide suitable investment environment. As being the investors whether national or foreign may hesitate to invest his funds as fair of different risks of no trade risks.
So that the state to ensure the investor through provide the required insurances for them . the most important of these guarantees ( insurance on investment projects of no trade risks), the specialized companies assume to protect these investments projects of no trade risks through making contracts to insure on the investment projects.
The insurance companies on the investment projects at first national instance companies established at the developed countries to project the investment projects abroad , After increase the importance of these projects and wide spread , these countries started to agree on establish international insurance companies working on project the investment projects from no trade risks and by making international contracts between the exporter states of investment funds and the importer countries.
The Iraqi projects tried to convoy with the current development in growth the investment projects and how to project then through issue investment law no.13 for 2006. Which confirming on the importance of insurance on the investment projects for the national and international insurance companies . so that Iraq has affiliated to membership of the Arabic Foundation to insure the investment and intentional agencies for insure the investment .

Often the newspapers and other media publish a variety of public news about crimes and accidents that occur in the community. As the primary investigation stage is characterized by its secret procedures, as well as its outcome, but while announcing the hearings, which are subject as a general principle of the public, the legislation decided to protect the secrets of primary criminal investigation. On the other hand, it recognizes the right of media for the press, which is embodied in this case through the right of publishing news and crimes.
The research tried to shed light on the secrecy of the investigation and criminal protection for the secrets of the criminal investigation and its results. Besides, this research tried to find some kind of alignment between the right of the press to spread the news about the crimes and investigations, from one hand, and the crime of breaching prohibition of the publication concerning secrets of investigation by the press ,on the other hand.

The pair owns divorce his wife when McCann Welcome to divorce , it is natural that those who have really owns of agency which has delegate pair of his wife in the divorce itself is called this of agency authorization Valtvweid is to have a pair of his wife \'s right to divorce itself , and the mandate is all the word indicates it has been mentioned to him three words , a \" micaceous yourself or choose yourself or your hand Amrak \" It may also be an absolute mandate may be constrained by a time certain , or in addition to the future and the divorce judgment fact authorization may be revocable and may be irrevocable.

For the surround aspects of this research, we found it appropriate to divide the research on the subject of delegated divorce to the wife on the three topics we dealt with in the First research the concept of delegated divorce to the wife and it distributed on two demands at first demand Pena meaning delegated divorce to the wife in the second requirement Frdhana which to guide the legality of the mandate of divorce to the wife while the second section Fbgesna the legal nature of the mandate to divorce the wife has dealt with this issue on two demands Aferdna first demand to the fact that the mandate of divorce to the wife and Pena in the second mandate formulas , and in the third section dedicated to the divorce judgment Buffer mandate We have reached a conclusion that we set the most important findings and recommendations derived from this research .