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

Abstract

The impacts which can gain through correcting the penalty judgment, as a result of omission the court of subject for some procedures and the necessity data, which should be available when issuing the judgment which identifying through the proposed legislation of the code of criminal procedures, and considerate as a procedure which should followed in formulating or drafting the penalty judgment, because the judgment or verdict will get an imperfection as a result of the omission, which leading to correcting the penalty judgment, and what the impacts which will get as a result of this correction, which will related to the verdict itself, or as a result of previous works related to the penalty judgement, or how the impact of the correction on the civilian cause which join with the penalty cause, if it is a result of one action and how the impact of the correction will affected the necessity of implementing or executing the judgement and the principle of things’ power which judged by, for that our opinions is to divide the research for three chapters as the research methodology is going-on the first chapter is to identify and know the concept of the penalty judgement and conditions of its executive and in the second chapter will explain the impacts which will gain in the correction the penal judgement.

Abstract

Trafficking in human being for medical purpose is a modern crime and represents one aspect of the crime of trafficking in human in general. Trafficking in human for medical purposes is a criminal phenomenon and not one of the multiplicity of offences that it contains, since it involves many acts such as recruitment, transport, harboring, and reception of individuals, often women and children, by using methods of coercion, of force, of fraud and deception, or any other form of violence, for the purpose of use and exploitation for medical purposes such as medical experimentation, each one of these acts is considered as an offence in itself and has been criminalized in most international and national legislations.
The wide and rapid evolutions in the field of medical discoveries, especially in medical and surgical techniques as well as in the field of drug discoveries and medical instruments. In addition, these discoveries and inventions in the field of medical sciences needed to be confirmed and validated before their entry into force, which made a pressing need to develop these innovations into the experiment on the animal and then human.

Abstract


The guarantee bank deposits of important institutions, which have been taken care of and is widely used in recent times, especially after the succession of economic and financial crises, which suffered major countries Foundation, which reflected negatively on banks and led them into bankruptcy and weakened public confidence, especially depositors in the banking system In those states, prompting the governments of those countries to find appropriate solutions and reduce the effects of crises and help troubled and bankrupt banks and the establishment institution called (guarantee bank deposits Foundation). Modus operandi that the fund is established within the institution called the escrow fund involving banks participation mandatory, not voluntary to ensure the institution's work because of compulsory participation is working to ensure the continued existence of sufficient funds within the fund and is used to fund several things most important of which is in a state If the bank exposure to a crisis the Foundation to help him financially to put it on the right track, but if you stick it out and exacerbated the crisis and bankrupt the institution to pay the depositors' money rather than resorting to the courts long and complex and Ibraadtha. In addition to the Fund's investments in several projects and investments belonging to the institution and the state with the benefit accruing from the investment profits.

Abstract

A number of commitments is the responsibility of the electronic publisher according to electronic publishing contract these include his obligation for publishing the electronic work and its appropriate media advertisements . already agreed upon , thereby , using technically suitable languages for composing , maintaining and tackling the texts and the data . Additionally , the publisher is obliged to respect the intellectual rights of the author as his own efforts and work and the author right for rebuttal any eucoach on his electronic work . the right cannot be condescended , or waived for any reason . on the other hand , the author has the right to withdraw his work as well as amends it in certain circumstances . However , this would requires a court approval with adequate compensation for the electronic publisher . the publisher is committed to pay the monetary equivalent , which can be done in many ways . it can be proportional or randomly , or via both ways .

Abstract




The marriage contract, is one of the most important contracts, which the Islamic canon and positivism laws and it was systematized carefully because of it contacts with the family living.

Starting with this importance, we find out that injured of either the couple after completion of the marriage contract by some reason or some disease which effects on stabilizing connubiality living and that leads to no achieve the aims of the marriage and prevents both couple ( groom & bridegroom ) to interpolation of its rights of enjoying which is allowed by the commencing throughout such a marriage contact .

We have discussed in this research, the damage right by discovered that reason of dissolution of marriage contract and we also explained what is that reason and it’s kinds which could be affected on dissolution the contract and what is the attitude of the Arab personal affairs laws in relating of this dissolution .Then, we already mentioned for all that by discussing of the dissolution contract meaning and the difference between it and the divorce .

After that, we finished this research by conclusion includes some results , opinions and thoughts.

Abstract

The phenomenon of terrorism phenomena that turned into a painful realities and the realities of an ongoing confrontation threatens the security and life in all its meanings, which called on all international actors of the organizations and countries to intensify efforts to strike terror as hits, but means the legitimacy So were many of the international conventions and protocols complementary held in various areas the fight against terrorism.

Many of these efforts also turned to the international resolutions on the United Nations Organization level as the Assembly and the Council of security, but a global forum for the fight against terrorism and an international center to combat terrorism, but the fact that the greatest interaction was with the launch of the Security Council for many regarding control decisions since the al Qaeda attacks on the US United in 2001 and marks the start undeclared war against him.

Because of those decisions were not enough go on the Security Council to issue adjusts each and assign the realization of others, including Successive Council resolutions in the fight against terrorism and prevent its financing.

This was not a guarantor also achieving control of the fact entrenched roots of their ideas under the cloak of Islam in the minds of the extremists of the terrorists was the severity of the results of those decisions facing high level of terrorist extremism and the expansion of its presence and the persistence of effects, and most recently what happened in Syria since 2011 until now and Iraq since 2003, and peaked in 2014 Until now.

As a result of the Council's attention to the situation in these two countries, particularly Iraq, which reportedly went to him board a number of decisions for his support in the fight against terrorism Council last issued its decisions in that also call (2178) of your 2014 to prevent the flow of foreign terrorists fighters to both countries, and it urged the states to comply with all resolutions earlier in the fight against terrorism and also requested to join promptly to all conventions and protocols related to it and work on the age of the law to combat it and activate the relevant sides to take appropriate measures to implement the resolution, which introduced an update on some of the criminalization of terrorism-related acts.

Abstract
Despite the rapid advances in electronic transactions in the modern era, what there are still some obstacles to these transactions, it lies in the lack of a racist confidence and trust, as a result of acts of penetration and illegal interventions, in addition to the difficulty of proving these transactions, and authentication of its content, and the promulgation of who attributed to him without distortion or switch, but these difficulties did not stand in the way to progress in these transactions, which showed the need for electronic signature, along with the traditional signature, to confirm the identity of contractors and expressed their will, pushing the legislation to the adoption of electronic signature authentic legal enjoyed by traditional signature , so if it meets certain conditions reinforced and inspire confidence in it, and these conditions, is to have the signature authenticated and documented by the testimony of ratification of the issued attributing to him to sign.

Abstract
In the policy of economic and financial liberalization and the phenomenon of the reduction of restrictions on capitals movments , and what coincided with the risks of failed that made conventional ways fail for reducing or disposal robe the bank the freedom of the will and impose it to achieve the purpose its range may be far and its way more hardship and trouble , in order to fulfillment of its economic programs and employs its abilities credit in a manner consistent with its aspirations and objects . In each case must commitment to a specific period and not coincides its execution at once , that requires the availability of the type of trust and culture of dealing , and this consistent with the conduct of the bank to investigate and auditing , which is the way of salvation to fortify its decision from wrong .
The bank takes its decision according to what is revealed by its investigations on the merits of the applicant . This merit is depending on changeable objective legal and personal factors , coinciding with the stage of submission of the application ending with customer's relationship with the bank . So gives the bank the right of endeing this relation and consider it extremely important no alternative on it except stuck customer freely absolute rejection in order to avoid the risk if his refusal was based on well – founded and this doesn’t happen arbitrarily but necessity obliges the bank to investigate and audit about personal merit to the customer according to systematic style reconciles between the nature of banking activity , its requirements and the protect the interests of economic projects which reflected its effects on the customer or other .
According to these data the banking audit is defined that " It is the means and procedures when banks resort to them willingly or obligatorily according to their available materialand technical abilities to guarantee the accuracy in collecting information about the client's personality , and that for the safety of banking operations reducing the risks and support of the common trust deal " .

Abstract

Interpretation of Constitutional Provisions , is an important function has a great impact and importance not less than other functions of the Constitutional Judiciary , this specilization find it's basis in the nature of judge function , judge have to interpret the legal provision , befor apply it on the specific case.
This role was acted by the Constitutional Judiciary, as an indipendent specilization , listed within the provisions of the constitution , even when such refers wasn't availeble in the constitution , constitutional Judiciary do interpret the provisions of the constitution, by acting his regular function specially his role in the checking apon the constitutionality of laws and actions .
From the opevious point , this research , state the important role of such kind of judiciary , and the impact of that role , in the political operation in a state , we started this research by defining interpretation specilization and it's sources , and study the role of C.J. in the functions of legislative and exicutive authorities , by it's specilization in the interpretting of the constitution.
We ended this study by portraying the basic results of it , and our recommendations in this concern , we followed comparative research between the American & Egyptian , and Iraqi constitutional regime , by comparing the legal provisions in their valid constitutions :
- American constitutions for the year 1787 .
- French constitution for the year 1958.
- Egyptian constitution for the year 2014.
- Iraqi constitution for the year 2005 .
As well as , by comparing the logical and judicial issues in this concern.

Abstract
This research is studying the relationship between the President and the House of Representatives according to the Iraqi Constitution of 2005, in order to point out the essential and reality of parliamentary system that have been adopted by the Constitution. But, the president post in the Iraqi constitutional regulation is not correct and not in good bases when it compared with other parliamentary systems and various international experiences. In fact, this relationship would start from the moment of the nomination for this post, voting, exercises his constitutional powers and then his responsibility and relieving him from his post.
Therefore, for the above reasons we have studied this relationship according to the constitutional and legal regulation which established in the Permanent Constitution of 2005. Especially, this position and the relationship has become clearly when issued the law of the nomination for the post of President of the Republic No. (8) of 2012 and the Law of the Vice Presidential Decree No. (1) of 2011, to determine the nature of the relationship between the President and the House of Representatives.
However, this regularities of the constitutional and legal powers for the President, might indicate that the political system, (as decided by the Constitution) is a parliamentary system, but we have concluded that this political system, in fact, is not a parliamentary system, based on that the executive power has no right to dissolve the Parliament, as this right existed in all the parliamentary systems, which used as a weapon against the responsibility of the legislative branch. In addition the Constitution determined the responsibility of the president in front of the House of Representatives. Our view, this system is nearest to the assembly government.

Abstract

State protection of the right of their citizens abroad in the event of abuse by other state and that the basis of this right is that the damage , which occurred on one of its citizens is the injury to the national community as awhole . Which authorizes filed a diplomatic protection indefense of the injured person .
Required to provide the three conditions for the exercise of diplomatic protection is the nationality conition means there is a depency link between the injured person and the State Prosecutor and the requirement for ways internal appeal benefit and mean direction to the means of local appeal , and the requirement of clean hands and means not to be injured person has contributed to the injury .
Exercise diplomatic protection two kinds of means and political means such as negotiations and the diplomatic proest and good offices , mediation , investigation and compatibility and judicial means , such as international courts and committees Controlist .
Revolt several problems in the exercise of diblomatic protection , including the problem of multiple citizenship , including the problem of statelessness , including the problem of the change of nationality .
And not a case of multiple citizenship is the only problem for the organization of positive citizenship there is the problem of statelessness and was less frequent in the practice of the problem of multiple nationality , but that raised the most damaged Lara right of the individual and legal status of the effects of multiple .
Center stateless person is different from other foreigners in the center of the state , because these others are considered foregners with specific nationalities while the stateless status of foreign for him absolute and not relative recipe .
Exercise diplomatic protection for stateless person injured by the state in which he resides and is an exception to the general rule that necessitate the existence of sexual link between the injured person and the state Prosecutor .

Abstract


The criminal protection for economic activities did not have the legislator interesting far of the protection to hall such activities by the method that make more or full harmony for each other to reach goal of economic policy, the protection to the economic policy need a hall modern legally focus specially in regarding with the politically changes that happened in Iraq ,and that which need to activate a new approaches that increasing harmonizing between criminal acts that organizing economic activities for the purpose of reaching economic policy goals

Abstract

In the current period the world is witnessing, a new kind of arms race, not the well-known ones in conventional and non-conventional weapons field style, this race is based on the development of electronic programs intended for military purposes know as Cyber race.
Researchers have since begun a period not exceeding five years ago the legal research and analysis on this topic, in the light of the data confirmed that the threat would cause its cyber attacks at the level of international peace and security and the level of at least the most serious threats for the gravity of the internationally known.
And because the subject occupies a leading position in the legal effort, particularly when specialized international institutions on the one hand, and the lack of Arab and Iraqi ones in particular research on the other hand, these two facts paid to choice it and to be the subject of this study, dependents in analysis of the provisions of the Public International Law and related to the conventions which organization to use international efforts prohibition or restriction, as well as the most important judicial and jurisprudence, which addressed the issue of cyber attacks from different sides.
That a number of questions would be raised at the research and analysis on the subject of the study like: What are the cyber attacks and hwo originated in accordance to Public international law? You could be classified within the means and methods of fighting? And if so do you apply the provisions of international conventions and customary rules related to the conduct of combat operations?
On the other hand, how the international community deal with the legal vacuum which witnessed the subject of international regulation of cyber problem? And is a glimmer of hope from the start of multilateral or bilateral international negotiations to end the controversy about the legitimacy of resorting to it in light of the provisions of international humanitarian law and customary rules of stable between civilized nations?
And what if the failure of the international community continued to arrive at the conclusion of an international convention on organized cyber military purposes? The key to the solution lies in the intervention of the leading IT countries, particularly the United States, Russia, China or other countries to interfere with the convergence of views?
All of these problems we will try to answer in the light of the research plan divided on two sections: the first shed the light on the concept of cyber attacks, in terms of the word Cyber source in the language and terminology, as well as browse the date on which began using electronic means to this body armed attacks on the one hand.
On the other hand we will look at the most prominent models cyber documented by formal and informal institutions, which would give a chance for the fact that the use of electronic technology in the military and security field and identify future implications for international peace and security.
The second section will focus on the contemporary international regulation of cyber attacks, in the light of the principles of the right to resort to war (Jus in bellum) and the behavior of War ((Jus ad Bello.
Whether resorting to cyber prohibited or restricted in accordance with the provisions of international law and humanitarian in particular, we will look to emerging about the international responsibility in light of the current international regulation, as well as research and analysis in the international effort on the conclusion of a multilateral international convention prohibiting or restricting mail use for military purposes in comparison with national legislation to combat cyber crime like Convention of the Council of Europe in 2001 known (Convention against Cyber crimes).

Abstract

The conduct legal actions is the most important contract to be either in person or on behalf of, so is the prosecutor in the hiring of the most important legal systems, especially in the conduct of legal actions, which required the legislature to make them count, especially in the legal texts and the organization of its provisions importance, however, refer to the provisions of the Iraqi civil law reveals the absence of a general theory governing the provisions of the prosecutors in the contract because limited to organize the agency is not enough in this regard because it is a form of prosecution in the contract, and depending on what progress has been distributed legal texts that prosecutors control the contract we have in Iraq more than the law as a law case personal care Act of minors as well as the Iraqi civil law.

So we tried in this modest study heal included these provisions and to compare the provisions of the Egyptian Civil Code, which put a general theory among its provisions to regulate the provisions of the prosecutors in the contract, and stand on the legal rooting for on behalf of the contract and whether based on the will of the principal or deputy or two wills together, and we came to several conclusions Othbtnaha at the conclusion of the study and recommendations Ohfnaha was the most important need for the legislature puts legal texts on behalf of the general theory of be in the contract while retaining the previous detailed legal texts in their habitat.

Abstract



Public employee has a set of safeguards and the most important of these safeguards is the administrative investigation, which occupies an important place to the employee when you move the disciplinary responsibility, as it prepares the administrative inquiry full opportunity for the employee to prove his innocence and ward off everything that brought him from the disposal, whether by word or actually constitutes a violation of the laws and regulations in this with respect to the employee, and the administration, it is during the investigation stands for the truth to make a decision fair term for injustice and inequality as a document to the correct information hyphen to it by the investigation, but that the subject of the administrative inquiry question is not irregular but find based on solid legal texts as this took texts statement by the competent authority to investigate the competent authority and by reference, and which is being investigated administrative offense and its implications during the course of the administrative investigation, and after the investigation, we have tried in this study these topics statement under the scope of the administrative inquiry address of state employees and the public sector Act No. 14 of 1991 amended.