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

ABSTRACT

The Cabinet in charge of the parliamentary system is characterized as being based on the confidence of Parliament, any obligation to acquire the ministerial council's formed after the elections the confidence of the council of Representatives as a prerequisite for taking office. by taking over the cabinet of power, they would be responsible in the aggregate policy pursued by the front of the parliament, and this responsibility had to resign the ministry as a whole as long as the act which enjoined responsibility connected policy of the Public Ministry, but if the disposition of a special minister in particular or the ministers specific terms of the act, which moving on the basis of which is attributed to the Minister of specific and particular his policy is not the policy of the Council of Ministers the responsibility here be individualized, but the political responsibility of the ministry is not moving automatically, but there are procedures, whereby moving this responsibility, then the withdrawal of confidence from the ministry and it's drop. Exciting political responsibility indictment by the Parliament of the ministry as a group or members, including negligence, and a vote of confidence as a request to condemn the ministry (or minister) to shorten the decision to withdraw confidence is the rule of the ministry or the minister not to the validity of political, The report of the responsibility of the ministry and the withdrawal of confidence in most cases, not be without that preceded a damning indictment by the Parliament of the ministry as a group or members of negligence of them and discuss the charge. Constitutions have agreed that the consequence of the withdrawal of confidence from the ministry or the minister responsible is resign. The aim of the research to identify how they were organizing procedures move the political responsibility of the Ministry and their implications constitutionally and legislatively in light of what he quoted the legislator of the principles of the parliamentary system, and the extent of matching the constitutional provisions concerning the procedures and the effects of the political responsibility of the ministry with the practical reality, There are several problems theory has been searched, including empty of Constitution to address some aspects of the procedures for the political responsibility of the ministry, and the constitutionality of the legal rules that have addressed some aspects of the political responsibility of the ministry by anonymous on processed constitution.

ABSTRACT


Exacerbated rates victims of crime, types, forms, and doubled harm physical, and psychological, social and economic which usually leave, began attention was focused on the victims and those affected, so there were many objectives behind this interest, ranging from hand between attention theoretical seeks to see this social phenomenon, and you try to access to find ways to ensure the protection of victims, hoping that such a knowledge to ask what can be put recommendations to assist decision-makers in finding effective solutions to protect the rights of victims. So it does not become an important law to prosecute offenders, but try to protect the victims of crime. On the other hand led awareness damages grave which is usually attached to the victims of crime to the emergence of new regulations include groups of activists who have made the assist victims of crime the target of their organizations. We have tried in this study to highlight different aspects of the concept of crime victims in terms of its evolution and interests and fields , paving thus applied to the perspective of the victims of crime, where This knowledge helps us to stand on scientific activity for those interested in this phenomenon. And we will try to that find these concepts to reach the practical measures set by the law for the protection of victims' rights in the preliminary investigation stage.

ABSTRACT

This research deals with the subject of (the use of right of criticism and its impact on the permissibility - a comparative study), as one of the subjects that took occupies increasingly important at the present time, in particular to those communities that were able to break free from the eras of tyranny and oppression, marginalization and the single opinion and party. So it's very important to talk about the right of criticism and the need to always be used on an ongoing basis, effective and meaningful as a need and necessity must work on them and instilled a culture and behavior in all public affairs that are related to the inherent life of the individual.
Therefore, to ensure the use of the right of criticism in a meaningful and effective way , it is obvious and foremost must create appropriate legal environment to it which requires recognizing the right and providing legal guarantees for the exercise in order not to prosecute those who uses it legally. That can be done by including it in the Constitution in a clear and explicit way, in which the laws can later activate those constitutional provisions that consider the right of criticism is as a cause of the reasons of permissibility, which denies such criminality for the act.
Based on the foregoing, this research is specialized to study the use of the right of criticism as a cause of the reasons of permissibility, according to a comparative analytical approach, in which the research plan is divided into three sections. The first section dealt with the definition of the right of criticism and shows its legal basis. While the second section dealt with the conditions of the right of criticism as one of the defenses that may be used before the court by the accused of defamation. The third section studied the impact of using the right of criticism as a cause of the reasons of permissibility, Suspicion, ignorance and overriding its restrictions.. Finally, we concluded a conclusion that contained the most important results that have been reached and some of the recommendations that will hopefully be utilized in the future.

ABSTRACT




Arbitrary Condition clause conditions associated with the contract , and they both lead to an imbalance in the nodal balance , apply to this imbalance of legal rules contained in the civil code .But the arbitrary requirement if it is associated with acontract by contract consumption , the provisions of this clause is subject to legal rules that came in the consumer in Iraq ,Egypt ,Lebanon and the protection that came tighly more beneficial to the contractor vulnerable laws .So the law was considered that the arbitrary requirement is void in some laws exclude evili alone the rule of law without relying on the will of the contractors , as it in french law and lebanon . invalidity by the court on its own without the need to submit a request by the parties .

ABSTRACT


The administrative inspection, general and the observation of the inspection of General Inspector office on the procedures that precede the announcement about tender, occurs a great importance that comes from the aims to be achieved. The inspection has a legal basis in every of constitutional rules that draw the general framework and the lawful rules that organize its practice and determine the specialized authority.
The researchers stoop in the present study to state the nature of the administrative inspection for the general inspector office on the periods of deciding the studying of the economical aim and preparing the cost and then the sums of money and then completing the legal and technical procedures. It is clear that there are many of wrong case that refer to ignorance and non – depending on the laws, instructions and their procedures.
The present study is divided into three sections. The first on states the definition of tender and its basic principles. The second section deals with the inspection of general inspector on studying the economic aims and preparing the estimated cost for the project.
The third section deals with the inspections of general inspector office on saving financial reliance for the project and completing the lawful and technical procedures to the tender, them the researchers finished the research with results and conclusions.

ABSTRACT

This study dealt with the implications of exercising the Security Council for its Competence to request deferring investigation or prosecution in front of the International Criminal Court based on the Article (16) of its statute. It was shown that Competence contributes to impunity for the perpetrators of the most serious crimes of punishment. It loses effectiveness of the principle of integration of Court Statute in the prosecution of criminals and their trial when the inability of the national justice or lack of desire to achieve it.
The study also showed that the request for deferral has a clear impact in stopping the cooperation of states with the court, where they are liberated of their obligations to cooperate with the court and they are obliged to execute the Council's decision of request for the deferral based on the Article (103) of the Charter of the United Nations.
The study presented that the request for the deferral prevents victims from obtaining their right to punish the perpetrators as well as their right to reparations and stops the trial of the accused for a period of (12) months renewable, which making his fate suspended for a long time, who may be under arrest, without the statute of court indicated his fate.
More over, the statute of court did not regulate the matter of preservation of evidence during that period, by not granting of any party the authorization for the purpose of preserving them, which may lead them to the damage or theft.

Abstract

Originally in building a cohesive society is building a family, which is the basic building block to build a strong society if the family rejected the peace of society, this latter is the sum of these families, and when these were families strong, coherent and homogeneous and the spirit of understanding, we will be in front of a strong community and nation sober. In order to protect the family and its members within the family context, and because of the spread of the manifestations of violence against women and family violence and its negative effects on society and the family, public order and the evolution and development of the community and in order to reduce these factors may legislator Kurdistan found the need to enact a law for the protection of domestic violence under the name of anti-domestic violence law in the Kurdistan region of Iraq. Although a positive step legislator in the issuance of this law as the first law of its kind for the protection of family members within the framework of the same family, which came in line with international conventions and treaties related, but he apparently was not successful in organizing legislative confrontation crimes of domestic violence have this law came materials a few, but mistakes and shortcomings of many both on legal drafting level or a Linguistic.Therefor comes this search to discuss the highlights various organizational aspects of these crimes, whether objectively or procedural and therefore a statement deficiencies and imbalances of stratospheric materials in order to reach the best legislative solutions in this regard.

ABSTRACT

Modern states proud as the same countries legal , which means the rule of law and the subordination of all individuals and persons in the state , whether they are natural its provisions, and that the law applies to everyone , whether they are rulers or the ruled , but became subject rulers of the law and setting limits on their power is imperatively demanded by the developments of modern , the evolution of the possibilities of the state in the modern era has led to a degree has become necessary to restrict the jurisdiction and subject to the rules prevent judges from abusing its tremendous potential . Since the Constitution is the mainstay of the underlying building legal state , which became the bases occupies position Supreme him hierarchy of the legal system of the state , they are staying power in the state and establish a legal existence , and determine the underlying philosophy of the state.
to the nature of the conduct of the constitutional institutions in the system of government the U.S. , which is the cradle of the presidential system notes that there are many aspects of cooperation and mutual oversight between the legislative and executive branches , and these appearances and that was different from the traditional methods prescribed in the constitutions of parliamentary systems other , but it has a specific nature independent to be able to the achievement of cooperation between the two powers , which includes the application of the rules at the end of constitutional law.
The Constitution of the United States is theoretically on the basis of a complete separation between the legislative and executive branches , but the practice has resulted in the presence of co-operation between the two authorities , and perhaps the most prominent manifestation of this cooperation is the authority of Congress to isolate the U.S. President or the Vice President or any other member of the executive and judicial powers of the office , having been indicted by a representative of the House of Representatives of committing a crime of treason , bribery, or other major felonies and misdemeanors , if these acts have been convicted he be tried in front of the Senate.
In order for a clearer picture about the impeachment , this requires us to search in the public assets of the parliamentary trial in the United States Constitution , both in terms of the causes , nature and persons under their control , the statement must also be procedures to be followed in the trial parliamentary .
Finally , we must give examples of parliamentary trial in the United States .

Abstract


What was intended foreclosure, ascertained Balidn to reach Kims of the price of the mortgaged , if the inability of the current meet him at the deadline to meet , then this is achieved is intended to if the parties to the contract to implement what they have obligations originating from the agreement concluded between them , which is any breach of its terms of pre-bonded positive for guaranteed , so the rules of the foreclosure possessory closely related to ensuring the mortgagee for money mortgaged , those relating addressed by Muslim jurists in their writings and texts of the laws of the comparator , and the importance of this topic and the dilemmas posed by being not been discussed previously Senbgesh in three sections , we devote section of which the first the definition of mortgage- possessory , and divide it by two demands , and we hold the second section of the formation possessory lien and divide it by two demands , then single out the third section of the relationship of possessory mortgage rules to ensure the mortgagee and divide it by two demands . And we follow the most prominent conclusion Ndmnha results and proposals that we reached through.

ABSTRACT

The subject of objection of other outside the rivalry is one of the procedural issues in the administrative law , as it important in the protection of acquired rights and the stable immanence legal centers that may un touched by the cancellation rule , and may lead to its vanishing , modification or damaging .
So for that the legislator in Iraq or simile countries become accustomed to give the others the possibility of abjection on the rule sequestered in the end of the case , as he isn’t represented in that case not nobility nor substitution in the cancellation case , but the Iraqi legislator regulate this path which is one of the revision of the provisions in the code of civil procedure because of the absence of the law on administrative procedures in Iraq , because of that we dealing with this subject in this study and we hope the Iraqi legislator to turn to the importance of establishing logical and procedural laws specific for the Iraqi administrative law .
The subject of our study signify to give the chance in front the others for the objection on the cancellation rule and saying beside that considered as contrary to justice and rationality and it is contrary to constitutional principles that related to equality in front of the law and judgment , also this study take the definition of who is considered as a stranger from the cancellation case or at least consider himself too , whilst the effect of issued rule extend to him without him intervention in it or votes by his pushes and subtract of his evidences and the issuance rule causes a damage for his legal position , the searcher try to establish the origin of cancellation subject moreover than the study in the Iraqi laws and comparison , and the concentration on the importance and vindications of the objection of the others on the cancellation rule moreover than being subject to legal adaptation to others objection and is the vilification on the rule causing waste of res judicator power or if it is just a disputation or a complexity in the cancellation rule execution and the target is the executive force for the rule and the request from the court that export this rule to charge it in away that it not tagging the others acquired rights and it is legal position .
One of the requisites of the legitimacy principle is to reassure the individuals on their rights and their legal positions . and this reassurance is unwavering by a case he didn’t know it is viewed in front of judgment .
One of the things that rollup the searcher attention that the Iraqi administrative law accept in its precision , new and old one , the others objection , but it be forced to came back to the civil proceeding law no(83) to year 1969 exactly the predation of the article (224) and after that which is a situation certainly revealing the development of the Iraqi administrative judiciary , and its accompaniment to it is French counterpart in this point in away giving a justice guarantee to the Iraqi citizen who don’t found any cover from management execution to judgment rule unless returning to the judgment it self .

ABSTRACT


the ICT Constitutes the main driving force for shaping the twenty-first century, and will reflect its impact on global economic growth, and on the people's life, in particular and the on the civil societies and governments, in general. Its entry in the political aspects is the most effective on the community's life, as the electoral process have entered in all its stages to ensure efficiency, accuracy and speed of its completion. Free and fair elections are the essential foundation to build a democratic system and the legitimacy of power and circulation in any country . So the international community and regional organizations have interested on its own terms and guarantees. Therefore, have explained in detail, its elements, conditions and free and fair elections. However, this study is to demonstrate the possibility of using the information technology in the electoral process in Iraq, especially in the voting stage under the name of electronic-voting.

ABSTRACT

The commonality of legal cases many falling in everyday life, which is often the source material fact represented death and what Arranges effect of cases of the prevalence among heirs in the estate as well as legal actions and the text of the law as a second source for the spread as a partner Partner in common owner of a share of common ownership of the full and has the right to dispose of all types and behaviors, including the mortgage, but the partner does not have its share of proved and that may be mostly non-detachment or proved that the secretory part of the common money or all the money is common, causing many of the problems resulting from conflicts of interest between the partners so enter the legislature to regulate the mortgage share common whether this mortgage by insurance or Possessory following the method of referral provisions possessory pledge to mortgage insurance, as in Article 1329 of the Civil Code of the Iraqi and Article 1098 of the Civil Code of Egypt since cut this referral for civil law of the Iraqi conflict on is permissible mortgage share common as taking the latter idea workarounds in kind in the case of a mortgage issued by all the partners, which goes against the Egyptian civil law, which took this idea to its launch, and is aware of mortgagee condition common is essential to its mortgage share common as in the case of non-science mortgagee condition common is entitled to revoke the mortgage contract for a mistake, especially after taking into account the mortgage partner for money is common not located not in the amount of its share only making the mortgage is not effective against the other partners, even if authorized partners this foreclosure to take place, they become act as guarantors eyes and not Wagesr for this money.

ABSTRACT


In the field of communications Has resulted in tremendous development , to the use of these methods in the contracts of international trade, and if the asset in the settlement of disputes knotted the judicial authority which is one of the major powers in the state, however, that this means to fit in the requirements of international trade which is characterized by fast, so it became necessary to look for other mechanisms to be more effective in resolving disputes arising from it, and perhaps the best means speed in the settlement of disputes is negotiations electronic, it reached parties to the conflict to settle the friendly and mutually satisfactory through debates and discussions, which take place electronically via modern communications networks, which are characterized by fast compared the negotiations traditional Moreover it to does not need to meet with the disputing parties face to face, but all of the procedures negotiations electronic through the use of modern means to communicate, but the question that arises is, how effective negotiations that take place electronically for the settlement of disputes and the possibility realized under the provisions The current legal?

ABSTRACT

The protection of the Constitution of the themes established by the texts, to fittings that Parliament surrounds organized her in all its aspects, if the organization has limited both in the core of its components, or in some parties, in breach of this shortcoming - in both cases - the protection due to them, also leads to the reduction of effective image that should be it, do not have this shortcoming, both hit in the nucleus or in some respects, is a serious breach by losing its integrity and connecting parts .
This means that the authority of Parliament is not arbitrary authority or without Borders, but is find borders as imposed by the Constitution of the restrictions and controls is the inadmissibility of prejudice to the subject Constitution guarantees origin revocation or detract from it . as well as not violating the objectives that may be determined in advance him observed when the legislation.

And then if Parliament is out of limits envisaged by the Constitution, in the field of organization for a particular subject, Void restrictions prevent enjoy or refrained from organizing or taken from the organization as a pretext for derogation or restriction of its impacts, this legislation but be faulted direct contravention of the provisions of the Constitution , because the legislator or restrict the content of the subject which is protected by the Constitution - through his power in the organization – is in fact the aggression of the Constitution, and a waste of a ruling abstention.