Journal of Juridical and Political Science

Victim compensation has become of a great important subject in the domestic legal system. Many of legislations have to be amended or modified along with the new ideas of the criminal system and modern criminal policy. Among these basic considerations, controlling these amendments is the attempt of directing the functions of systems towards taking care of the victims of military operations, military errors, terrorist operations, practices of the former regime, and victims of judicial mistakes. As such, amendments shall realize justice for the victims through an active contribution of the criminal justice by means of facilitating the procedures for the compensation applicants to enable them to receive fair and speedy compensation according to the nature of the crime or the damage that the victim suffered from. Coming up with a result that the victims have the right of calling for obtaining fair compensation as the criminal justice system is associated with protecting the rights of defendants and convicted people as well as supporting and compensating the victims. The study also comes up with several recommendations. One of them is Iraqi legislator needs to approve the law of compensation. Where the detainees people and those who are sentenced with acquittal or being released should be compensated as the requirements of criminal justice system. Because this will be as a violation of the individual's right. Thus, damages will not be limited to this extent but to include the detainee’s dependents too. Accordingly, this law needs to be approved for the sake of fair compensation for the victims.

The research discusses the problem of medical mistakes amongst the negligence of the physician’s diagnosis and pharmacist’s prescription. As it follows up closely the responsibility arisen from such mistakes in terms of law and jurisprudence and detects the responsible person by means of determining the cases of mistakes’ incidence and the causes such as negligence. Consequently, there will be a liability of compensation upon the person who is in charge. In addition to indicate the aspects of responsibility such as the eligibility of the pharmacist or the physician including a study that involves the discussion over various opinions according to law and jurisprudence. Research Key: Medical mistake is a mistake that occurs throughout the practice of medical professions due to the lack of experience or efficiency of the physician or of his co-workers as a result of exercising modern methods of treatment, an emergency which requires speed at the expense of accuracy or due to the nature of a complex treatment.

The Algerian legislator has taken into account environment protection and has enacted texts of penal law that criminalize different infringements of environmental rights to secure an efficient penal protection against different pollution forms. Criminal sanctions have been imposed as a repressive impact to guarantee commitment to legal texts preventing environment from environmental pollution crimes. These sanctions could be death penalties, custodial penalties, and financial penalties. Added to that, there could be complementary sanctions, such as seizing funds, sentence announcement, or infrastructure closer.

States paid more attention to set up a legal system for the way of their funds management and to indicate how they can deal with such system in terms of different kinds of legal practices such as buying, leasing and giving licenses. In order for this legal system to ensure the management of such funds and to achieve a balance for both the interests of the administration and its clients by finding the public outbidding. Legal texts are being drafted including the general principles of the auctions out of equality between the competitors, freedom of competition in addition to publicity, which is one of the pillars of public auction. Participants have to meet requirements of applying by means of competent committee assigned to carry out such process coming up to select the best contractors by the buying and selling committee. Then, the ruling of the committee specialized in certifying the decision of decisive referral, which is one of certified decisions as a condition of being valid by the buying and selling committee including laying the auction upon the person of a highest price. We find that all this will be implemented through the provisions of the valid Act of sale and lease of the state funds No. 21 of 2013 amended in 2010. By its practical application, the legislature had to amend it by 2016 due to several defects of its provisions. Therefore, the amendment was performed to avoid the loopholes of the Act of sale and lease concerning the state funds No. 21 of 2013. In addition, to get the legal interest for cancelling the dissolved and to find the legal interest and accounting for it, as issued by the cancellation of the dissolved Council Resolution No. 163 of 1998, and the shortcomings produced by the practical applications of the Act.

All world legislations, including the English Law, consider any action that changes the truth contained by a document as a forgery. These legislations incriminated and fought all actions constituting the forgery, though they differed in the methods of treatment and the amount of punishments. The English legislation dealt with forgery in a way that was mostly different to some extent. The English legislator introduced a wide concept of the subject matter of the forgery crime. Furthermore, this legislation combated all acts that may constitute the forgery crime through a special law for each act may contribute to such crime. These criminal acts would be punished if they were intentional and leading to induce a person to do or not to do an act. Whether they created benefits for the interest of perpetrator or caused harm to a victim.

Keeping an eye at the change movement for those who are pursuing the pace of international politics, especially the strategic academics and thinkers, is undoubtedly the first task for understanding for the world is undergoing changes that lead to some kind of alterations. As change is the feature of all ages by means of which great results happened. As change depends on a set of historical, geographical, economic, technological and other variables that detect its pace and defect materializing the capacity of investing the power of all levels. It is illustrating the relationship of the status of change in great powers’ strategy. If we have a closer look at the political history for international system, we will find that there are constants outlining the process of change throughout the rising of international powers and the degeneration of other powers. In a way that, sorted off great powers having the ability to employ their comprehensive strength and to figure out new international strategies along with the facts of change and its investment such as the Russian, European, Chinese and Japanese strategy. When we read American strategic thought from the end of the Second World War to nowadays, we will find that this thought is characterized by awareness and a comprehensive view in terms of goals and interests. In a way that drives the United States to adopt a comprehensive strategic thinking approach to ensure its global position especially upon witnessing the change realities of global system and the emergence of its power with its new regional assemblies and strategic alliances.

International law has witnessed many developments and alterations since the end of Second World War. As great deal of multi purposes International Organizations appeared. Most important of them was the Arab League as an international and a regional organization. It established to support relationships among Arab Countries by means of issuing many resolutions. As these resolutions will not be limited to internal organization but be contributed also to set basis for international law. Thus, it is necessary to explain the legal value for these resolutions in order for the organization to be able to realize their goals. As such, the states cannot deny the resolutions that may causes worst crisis among them. The state has the right to take the action of reservation on any resolution that is against their domestic interests. Adopting the basis of consensus in decision-making shall be compensated with the condition of majority opinion for issuing the Council Resolutions. These resolutions shall be binding in order to realize independency and avoid conflicts through implementation.

Administrative decision is one of the most important and dangerous legal acts issued by the administration. It represents a manifestation for the authority of management and one of its most important privileges encountering the individuals. However, this important type of legal act is not free of deficiency, shortcoming, or defect. Therefore, administration shall have some procedures enabling it to avoid any mistake or defect committed. By means of using several legal ways, authorized by law, including nullifying, modifying or correcting the issued decisions. Nevertheless, the administration is not free of restrictions but it has limitations for specified periods and has limits for clearing up its will as well as has regulations governing this will. As the purpose of administrative work is to achieve the public interest. Thus, its entire works are subject to legislative and judicial censorship. In addition to the censorship of the administrative authorities, there are many lawful methods enabling the management of addressing other issues of decision to avoid nullifying by Jurisdiction. Out of these issues is the process of changing the null and the void administrative decision into a new and valid one working as a savior for the administrative decision. As it is produced to be characterized by its validity and to be surrounded by set of guaranties for realizing the public interest. Because of such implicit idea of the counter ?administrative decision in terms of its origin and conditions, the researcher, by a modest effort, addresses this subject matter to make it more explicit.

Law determines the rights and imposes multiple aspects of protections as there is no value of the legal texts unless they are accompanied by the possibilities of a proper application otherwise they will become meaningless. People with special needs are among the most vulnerable groups in society. For this reason, they must have the right of a remedy and must have the necessary legal protection in various areas of their lives according to their own circumstances as a way of contribution in increasing their interaction with their communities making a positive distinction for them. The aspects of protections stated for them have developed along with the evolvement of human societies over the ages. In ancient times, they were being underestimated but this inferior view changed to be turned into a compassion, pity or mercy , into care and rights' determination and then into participation in the society and make people with special needs directing their own affairs. There is a growing care about them by providing services and rehabilitation programs, providing a suitable environment to exercise their life's activities, and make their own decisions and to be producers and actors in their communities rather than recipients of services. Thus, the world, in most countries, is amazed with the results they achieved once a suitable environment and support be available in the community to which they belong. The international community's interest in people with special needs increased in the last quarter of the twentieth century, resulting in the declaration of the Rights of the Mentally retarded in 1971 and the Declaration of the Rights of the Disabled in 1975. Thereafter, the international declarations and conventions that followed include a recognition of their rights and their care. In this way, the international effort was over by the convention of the rights of Disabled people of 2006 and its annexed Optional Protocol. Iraq has given a special attention to people with special needs through its permanent constitution in 2005, by being joined to the Convention of the Disabled Rights in 2006 and its ratification in 2012 and by passing the Enactment of the Welfare for Disabled people and Special Needs No. 38 of 2013. In addition to the further various provisions of the relevant laws.