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

Abstract
The choice of research topic ((punitive effects of the crime of damage to public property)) came Greater importance because it is exposed to the most important pillar of Iraqi society, which is the protection of public money from the loss and wastage because the protection of public money helps the state to promote economic prosperity, as well as the penal protection of public money importance to practical and theoretical level close to its association with an entity state where the criminal, both procedural and substantive law is very effective in protecting the public money it has to be intervention legislator criminal to criminalize the waste of public money as the criminal responsibility of the employee for the crime of damage to public property reflected on the legal status of what implications legal since each penal act raised penal followed and that these penal effects are moving a judicial complaint against the accused guilty of the crime of damage to public property and in front of certain judicial bodies according to the law and that the consequent after failing to commit crime to impose penal sanction against the accused, whether these sanctions original, consequential or complementary, Alanh may accompany the commission of the offense and the facts of the occasional stray reveal the seriousness of the offender, which requires the reduction of sentence, or facts lead to severe punishment and this is what we eat in the body of research that God .

Abstract

Nationality is a legal political link between the individual and the state attributed contained each individual state to which he belongs, and confer upon a recipe in which the citizen and give rise to reciprocal rights and duties.

Given the importance of citizenship to a person's life and warranted by the special effects relating to the acquisition of rights and affected the way gain citizenship if the original nationality or acquired nationality, so we decided to research ways to acquire a nationality, a native based methods of acquisition of citizenship to the blood right whether parental blood right or right Umayyad blood or on the basis of jus soli in the first section, and methods of acquiring citizenship acquired through naturalization and marriage mixed Birth multiplier in the second section, within the provisions of the Iraqi Nationality Law No. (26) of 2006, as compared with other legislative experiences such as Egypt and France.

Abstract


legislator behind any legislation to report on legal protection for certain conditions, including legal provisions, which included bankruptcy crimes as intended to report two types of protection.

The First-special protection is to protect creditors in the fulfilment of their rights from bankrupt and equality and is what the protection prescribed by the bankrupt as offences acts of fraud or negligence committed by the trader (bankrupt) in the context of this crime lead to depriving creditors of their rights are met of EKWALL trust-both Or part or meet some creditors of their rights without others which legislator to prevent damage by the criminal codification of this hand, and, on the other hand protect bankrupt itself is non-crimes is bankrupt because each form of activity by non-bankrupt leading to damage to the bankrupt.

The sacond:- general protection designed to protect trade and national economy generally known.

Abstract
The role played by the contractor shelter is a technical role purely that eventually the information on the network or the allocation of hard disk space for the contractor shelter and placed under the disposal of the user and enable it to benefit from this service and the duration of the technical means to achieve its optimal use of them, because the information and data that flow via the Internet until it reaches the user needs a combination of several efforts of people who, including contractor shelter, which is linked to the user's contract shelter informational, and the responsibility that arises here is the responsibility of nodal because they arising from breach of contract shelter agreement between the parties, and the lack of legal regulation regulates responsibility undertaker's shelter, so we came to address this issue by referring to the general rules contained in the Iraqi civil law and civil laws of comparison and settled eliminate it in these countries.

Abstract
Research Summary: We have spread and remarkably specialized companies for services telphone and mobile informatics, Internet and Iraq was one of the areas of their activities, even if late as have these services become one of the needs that are inevitable to meet them by moral entities specialized for potential possessed of capital and expertise unable ordinary people do in general It supplies the quality of service and respect for privacy after obtaining permission license after working directly with his pasture competition between these companies and the importance of the service provided by and for coupling the activities of these companies deviations crime, in performing the purpose of knowing the basis of the responsibility of these companies toward its actions required statement original legal regulation or legislation this responsibility companies and determine the legal text applicable to the criminal its actions in order to maintain the rights of the parties to the service, whether the company or individuals in order to ensure the achievement of litigation guarantees required by these rights, whether the company or the part of individuals or of the beneficiaries of another side.

Abstract

This study death with the rules of public international law to prohibit using some weapons or limit if during armed conflicts and importance this regulation for protecting persons , against calamity of deadly weapons and it destroyed effects if were civilians not participant battle acts or even fighters participant wars for high humanity considerations and disregard resons or motives of conflict .

This study explain the faces of protection which gets the international rules of fighters in battle field in front of the weapons which use against them as long as they still fighters and affect battles , this protection by prohibit using some types of weapons or limit it in other types .

Also this study show how do protect the civilians during armed conflicts from destroyed effects for using weapons , the practices proved they more croups whom damage were during past ages and victims numbers of civilians are increase with discovery destroyed weapons , therefore international society try to protect of civilians by absolute prohibition of using some weapons or limit the way using in other some toward certain form in order to end it tragic effects concerning civilian .

Abstract
Both of international human rights law and international humanitarian law focuses on a very important is the protection of human beings first and foremost in any circumstance and time so we find that bands both laws is no different between them, but the focus of the difference as described by researchers and specialists in this field is at the time of application of both laws law international human rights apply in peacetime, which met to disable its provisions in a time of war, a time when applied to international humanitarian law, though both laws internationally source, but the parties that are required to comply with them are the state on its territory with regard to international human rights law, and the States of the conflict international armed, or the State of the occupation on a civilian occupied territory or state in the face of an armed conflict is internationalincharacter.
With all of the above had to be a follow-up nature of the relationship between laws and through research we determined that it is possible to be in a form of three is the integration or overlap or uniqueness, and what we mean by integration here is that one of them complement each other in the case of a lack of legal provision for the application on particular case to be resorting to the other for the rule of law, but what we mean by interferometry is that both of them governs a particular situation which the referee in each covers that case it is possible to apply the rule of any of the laws, while the mean exclusivity is obviously independence that separates the bands both laws in all with union shop protection provided by both of them that.

When assessing any image of these images to determine the nature of the relationship between both laws exclude exclusivity because what result is total isolation between the provisions of both laws, which means that when the emergence of new cases are not regulated by both laws by its provisions can not be absolute to apply neither to that case if belong to a legal while the United goal between both legal one, as we can not deny that overlap both laws in relationship with one another, security, where their provisions is to focus careful to protect the goal that united them, but that overlap serve that end and remains about it that check that as a result of the interference is that the application of the rule of law of any of them will be fully to protect the targeted end such protection.
As for the integration, we note that with a different application of both laws, but the most important time to integrate the provisions of both laws to protect human rights and this is the purpose transcends both time law.

Abstract
"There is no doubt that "the" exercise "of" power subject to "a set of rules that" define the principles and means "of" access to the blocked beginning and then the way exercise, which is usually determined "by the" Constitution, "which is" "supposed to" document the general principles that reconcile the people to approve and submit to its provisions, including forms the basis of the social ladder, which the state under the pillars as an agreement between all the individuals who are the people on the corner of participants in terms of public acceptance of diversity of citizenship "and the adoption "of the" system "and in terms "of determining "the" rules of" the exercise of power".
Iraqi Constitution of 2005 has identified rules" the exercise of powe"r in "terms "of the" adoption of the peaceful transfer principle or operate on the principle of" separation of powers" and" submit to "the principle of" sovereignty "of the law as well as" a report that "the" power source people exercise by the public secret ballot is the basis for legitimacy, which means that out on these principles lose this legitimacy practice and makes those who do so under pain of punishment, which is decided by the legislature penal Iraqi, whether in the Penal Code Such as the criminalization example initiate in the heart of the regime or to change the constitution by force or violence (Article 190 penalties) or insurrection against the powers that the Constitution (Article 192 penalties) or criminalization disable implementation of the Government orders (Article 193 penalties) or vandalism or destruction of, or damage, or damage to property and facilities and public funds with a view to overthrow the government (Article 197 penalties) or incitement to overthrow the regime established in Iraq or hatred or contempt (Article 200 / 2 penalties), or in many of the legislation and that criminalized criminalize any act that "involves the use of force" or violence to overthrow the government or the form "of the" state established in the Constitution or attempt to provoke an armed rebellion against the existing constitutional authorities, as stipulated in Article 2 of the terrorism Act Iraqi, and also in the criminalization of publication in print League is considered incitement to breach of internal and external security of the State or the instigation to commit crimes or disobeying laws or underestimate the prestige of the state, which has been criminalized in articles 9 and 16 of the Publications Act Iraqi No. 206 of 1968 amended .
As well as the criminalization of committing acts are designed to destabilize democratic processes or institutions, government corruption and crimes of which the contents of" the article 18 of the Law of the" Central Criminal "Court" of Iraq, "the" problem is dissolved under the Coalition Provisional Authority No. 13 for the year 2004.
As well as what is stated in "the" criminalization of interference in the freedom of a general election or warping or rigged in favor of an individual or group which has decided to criminalize articles 1 and 2 of punish the conspirators law on the safety of the nation and spoilers regime No. 7 of 1958 amended, which also indicated his Article 14 of the Law High Criminal Court No. 10 for the year 2005 based on this law, or otherwise, which was his statement during "the" search, though it requires a reconsideration of the whole acts that "the" rules of the exercise "of" power and the development of "legislative" system suit "and" constitutional principles that are enshrined in the constitution in force and has also been a statement each the recommendations

Abstract


The terms used have varied in international humanitarian Law on the meaning of humanitarian assistance as there are many terms that are approaching or are similar to them , and in spite of that there is no agreed upon to humanitarian assistance , but that any definition must include elements to ensure respect for fundamental human rights in line with the definition of the conditions necessary to keep the human right to life , health and enjoyment of security .

In order to provide humanitarian assistance to people in need there must be certain conditions are represented in an international armed conflict or internal and the presence of the suffering of the civilian population from alack of humanitarian needs and the inability of the state concerned to provide those needs in addition to the con sent of the state concerned to provide such assistance , and finally it is necessary that are associated with humanitarian aid to the principles of humanitarian action which requires that provide such assistance to the needy on the basis of need without discrimination because of color ethnicity or other .

Abstract



Securities markets affect the economies of the various countries, whether developing or developed; and the reason for that is to attract investments, savings mobilization, and the development of the economy, as it constitutes an important mechanism of collection and channeling financial resources and employ them in large projects mechanisms, through mobilizing savings and guidance and converted from frozen funds to the employees in the capital of economic activities through investment operations carried out by individuals or companies in the securities within these markets.

The only item that is handled within these markets are securities, they are the lifeblood of these markets, investing has become in the securities of the basic activities that exercise intensity unrivaled, noting the direction of a large class of investors and savers a shrug from direct investment by establishing factories and farms to indirect investment in the stock market favorite as a place of wealth creation.

Abstract

If democracy is aimed at implementing the will of the majority, the consensual democracy aims to achieve the will of the majority as well, but the majority is a majority described ,not relativity .The reason for this is that the results of political representation will depend in pluralistic societies mostly on national, religious and sectarian affiliation, and this leads to the existence of a majority and a minority constant can not be with the presence of rotation of power, but the group or a particular component, and this may push the minority or minorities to the behavior of other ways up to violence to force the other parties to give them a reasonable amount in the state administration and the devolution of power.By studying the compatibility tests for the four countries of the European pluralism (Switzerland, the Netherlands, Austria and Belgium) to Arend Lijphart theory carried out summary of the common elements in these experiments. and found that it also applies to other experiments such as the Canadian or Lebanese or others.


Lijphart found to need to be in a coalition government after the plurality states found that coalition governments are the solution was applied even in non-pluralistic countries in some of the political crisis. And felt the need to grant minorities the right to veto any law that contradicts the vital interests including custom veto minority or mutual veto. And follows the system of proportional representation in the elections to prevent the removal of a small-sized groups, as well as give them a degree of autonomy or sector, which is similar to a federal solution followed in some cases near pluralism, while ensuring that the independence will be geographically and personally. Assures Lijphart well as the need to provide for some of the mechanisms in the Constitution, with the possibility to be the norm if politically feasible respect and application. Do not benefit from the text without the commitment and application and by faith. Otherwise can not blame them different claims, and that may be true some of them, but it is a possible solution and viable, and an inhibitor of the claim and to seek separation and fragmentation.

Abstract
The exercise of powers by the local bodies and the offering services to local residents, depends on the sufficiently of the financial resources to carry out these tasks. Whatever these local bodies have power, but it would be not able to exercise it, if they didn’t have the resources.

If the financial and administrative independence is the result of governorates, that have not organized in a region, which are enjoyed of the moral personality. Therefore, their real independence depends on their ability to make self-local resources, and to have freedom to use it without depending on approval or ratification by other authority.

However, the independence administrative would not be complete if there are not available the necessary financial resources to carry out its functions and managing the local affairs. Therefore, there is no need of electing the local councils and grant them a wide powers without the necessary resources to manage their local affairs.

In Iraq in the view of the recent regional administrative decentralization system, the topic has sparked a sharp contrast to the various levels that is not stopping until the moment of writing this Search.

Despite of the Iraqi Constitution of 2005 pointed to the ownership of all Iraqis in all regions and provinces of the wealth of oil and gas, and distribution of funds collected federally on all Iraqis fairly and in accordance with the constitutional provisions. But the federal government has used the financial resources to cancel the independence granted by the Constitution to the local bodies, and imposed their dominating on these local bodies.

Abstract

Occupies the subject of the dissolution of parliament in constitutional regimes important position as the means of the mutual influence between the legislative and executive branches as our guarantee constitutes a deviation from the body was not elected by the people to exercise their constitutional functions.

Although most of the constitutions of the countries in the world that take the parliamentary system Knzama political standing in the state built the right solution, but it might have been different about the pictures solution. Some of them took the presidential and ministerial solution or one of them while headed some of them to adopt the automatic solution or Alojobe by virtue of the Constitution as an agreement solution in the Swiss constitution in force in 2000, also assigned some constitutions based on the dominance of the legislature the right solution to the parliament itself and thus stripped of the right of the executive branch as is the case in the Constitution of the Republic of Iraq in 2005 and the Swiss Constitution by the opinions of some Fiqh there.

Abstract
The contracts management style, a distinctive and important practice management through active administratively closed facility in aiming to ensure the continuity of the Facility regularly and Adtarad where walk in the light of this style approach satisfaction and understanding through the conclusion of the contract administrative and through an agreement with one of the natural or legal persons n this style resorted to by the administration if it does not Asafha administrative decision in the exercise of its activity, or if he believes that the style of management contracts better able to achieve its goals.
There is administrative contracts general principle expressed the commitment of the contractor with the administration, implementation of the personal contract this principle, which is based on the mainstay, but an idea account Profile The Contractor shall comply with the administration to implement its obligations personally and himself is to have a general rule, the right to transfer them to others or contracted subcontractors the contractor a second so that the figure contracted to be subject to consideration by the administration, both at the conclusion of the contract or when implemented as the administration must take into account the availability of certain considerations, or in other words, that the administration as a party to the contract administrative must - when choosing a contractor - that take into account In this choice the availability of a range of essential qualities in the person you want to sign him, so as to ensure the implementation of the contract properly and in a manner in the public interest to the fullest, which believes in the progress of attachment underlying regularly permanent, and so the idea of mind Profile is one of the basic ideas both with regard to the selection of the contractor or the execution of the contract as to the selection of the contractor, the administration has the discretion to refrain from contracting with someone to Atrtadhah even handpicked committee to decide, either with respect to implementation of the administrative judiciary - in most of the countries that take justice system double - stressed It's the basic principles that the implementation of the contractor himself, due to the close connection with the contract administrative annex Valtzamat year contracted with the administration, personal commitments and can not be him that solves the other
Raises the question many questions, mainly over the relationship between the mind and personal contract execution and administrative What are the results of principle in the implementation of the contract administrative Is it permissible to waive the non-implementation of the contract and what is the impact of circumstances that may arise during the implementation phase of the Association of Streptococcus commute the contractor and the bankrupt or insolvent

Abstract



The stock market of the important investment areas, which require experience and skill those who deal in this area wants to know the real-time market conditions and future, and the movement of prices of securities on the one hand, and knowledge of the issuer of securities and the ability to data issued on the one hand that analysis others. This experience and knowledge in fact not everyone is available, which pays from dealing in the stock market wants to use including available has the ability to understand the market conditions and assist in the decision to buy or sell securities or to keep, in other words, to ask for his advice.

So there was a need to create what is known as a contract advice, which is committed to The creditor - Investment Advisor- whereby they provide advice to the client about the process to be concluded in the stock market, and that many of legislation work in the stock market organized by the released of legislation, due to the gravity of the role played by, and to protect the client from illegal practices. Especially those issued by the same investment adviser as the client or mislead the primacy of his interests at the expense of the interests of the client, fundamental ways responsibility for the breach of this obligation.

Abstract

The exploitation of works from the exclusive authorities of the author that no other person may be used or exploited without a license from the authority, but the comparison legislation authorized individuals use published works and the limits of the personal version for the purpose of its use widely used personally purely, but this use has become, thanks to modern technologies of communication and information poses a threat to Human exploitation and extent of this, which puts the legislator before the new problems requiring intervention to the extent of this version of the passport or not, in light of what was done to digital copies of techniques for copying and keeping an infinite number of copies.

Abstract
Each state has its own authorities in organizing foreigners' status drawn from its circumstances and interests to the extent of rights that the foreigner enjoys or obligations for which he is responsible.
International custom put an obligation on a state by handing over its foreigners on its own regions with respect for human legitimacy. Still, there is kind of difficulty about identifying the core of the state's obligation on this regard that is according to the necessities of international trading.
There is nothing to hinder any state from treating all or some of foreigners respectfully referring to the international custom which is an interior question each state shall enjoy with absolute freedom. The most important rights, the foreigners shall have, is the right of Real Estates' ownership, which has been as an absolute right, causing controversial disputes among countries because most of such countries impose limits on foreigners for the ownership of Real - Estates especially Iraq which issued many laws in terms of putting properties in possession of the foreigner inside Iraq. The first law on foreigners' Real Estate's ownership Act (No. 19) of 1941 prevents Iraqis from the sale of their shares in Oil Companies to the foreigners only after the approval of the competent authorities.
Accordingly, the foreigner as an individual shall have a legal status in the country for conducting all lawful transactions such as making contracts in order to maintain the social and the economical entity of such country and its interests as well.

Abstract


When Iraq occupied by US troops occupied until the rampant corruption in all joints of the Iraqi state until tomorrow Iraq from developed countries is not at the level of development of countries, but in developed mattresses in the spread of financial and administrative corruption between the joints and the components of the Iraqi state and has been classified by Transparency International in this advanced class of corruption and this is not surprising, because any nation occupies be end by the occupier is to control the country's resources and spreading corruption in the state in order to facilitate control of the process and enable the occupying state, and we can not here countless cases of corruption, financial and administrative in Iraq today is widely, but we will seek in this the research study to shed light on the role of the phenomenon of administrative and political corruption in the scaling of the Iraqi economy after 2003, and in spite of the corruption roots in Iraq before this date, but the pace of corruption increased after 2003 for many reasons, and because of the seriousness and the difficulty of control, this phenomenon extended not bounded by the limits does not preclude it breaks, and affected all corners of the Iraqi state has not spared any of the institutions, and did not discriminate in its extension and complexity of an ancient institution new again, and a private economic institutions (oil and gas, investment, contracts, etc.).
This study will also consider general theoretical framework from which to study other subjects related to political corruption administrative position in order to develop ways to make cordoned off this problem and dealt with as a major goal.