Volume 11, Issue 2, Summer 2021

Compensation for damage caused by an unidentified person (Comparative study)

Prof. Dr. Adnan Ibrahim; Yasser Abdel Reda Manti

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 1-51
DOI: 10.37651/aujlps.2021.171413

Summary The problem of compensation for victims of crime remains troubling those working in the field of law to find solutions that ensure adequate compensation for the victims (the victim or his heirs), and this situation arises when the perpetrator (perpetrator of the harmful act) is not known. Towards the victim, to cover the innate deficiency in civil legislation and to issue laws that keep pace with this development, as the law is what protects individuals and guarantees their rights and obligations, but it happens in practical life that a person commits an act that causes civil liability and then this person escapes, or it is It is unknown, but it is present among a group of people known, so it is one of the members of this group. The principle is that when the perpetrator is not known, the causal relationship will be cut off, and what is required cannot be achieved.

The employee is responsible for sleeping during official working hours

DR. Ali hassan abd alamer

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 52-84
DOI: 10.37651/aujlps.2021.171414

SummaryThe issue of sleep in the public office raises the importance of the fact that it takes place in a place that requires alertness, so sleep, even if it is interpreted as a normal behavior for living organisms, no one is excluded from it, but that does not mean that the employee gets enough sleep in the public office, just as sleep is not able to every human being no matter what He has reached the strength to confront him as well, as he cannot rely on this idea completely, because this idea is accompanied by that the employee also possesses the mind that is able to organize his time. The employee should know in his own decision that he is responsible for performing his work efficiently and that he has a duty outside the official working hours, but its effects extend to within the official working hours, and it is the duty to maintain his activity, vitality and awareness and to regulate his behavior in a way that makes him an effective tool in achieving the completion of his work.

Legal conditions of Exceptions to the Rule of Customize the revenues

Professor. Assistant Dr. Abbas Mufarrej Al-Fahal

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 85-115
DOI: 10.37651/aujlps.2021.171415

AbstractRevenues represent one unit that flows entirely into the general budget. This rule requires that no specific revenue be allocated to spending, and through the budget, these revenues are directed to finance all government spending without discrimination of other spending. Here, a specific revenue is not allocated to cover specific expenses. It shall be the same as what was mentioned above, unifying all state revenues in one entity without allocation or discrimination.As for the principle of budget inclusion, whereby all the money that enters the public treasury of any kind is recorded on the revenue side, and on the expenditure side all the money spent from the state budget with all its sources is recorded. They are the principle of non-allocation of revenues and allocation of credits. The first principle, which includes non-privatization, has many justifications that will be addressed, but what concerns us most is the increase in exceptions that get to this principle, especially in Iraq in 2003, which will also be addressed. As for our goal in this research, which we aspire to, is how we can We reduce these exceptions to the largest possible extent, according to economic legal policies followed by the legislator in order to reduce them or end these exceptions in the interest of the country and achieve financial justice.

The Legal System of Electronic legal notice

ا.م.د لبنى عبد الحسین السعیدی; القاضی الدکتور لفته هامل العجیلی

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 116-152
DOI: 10.37651/aujlps.2021.171416

SummaryThe legal notice by electronic means do not mean that they replace legal notice in the normal way, but rather it is a means that helps in making legal notice, as long as it is done via the Internet, in order to save effort and time on both sides of the obligation, especially if what is intended to be legally noticed was outside the country, and the legal notice is relied upon means that work in conjunction with the Internet, including all kinds of E-mail, such as (Gmail, Yahoo, Hotmail)When an E-mail is sent to the person to be legally noticed, this message must be accompanied by a telephone connection to confirm the arrival of the message, and the problem of our research appears in the lack of legal regulation of electronic legal notice. And since the latter non-existent with the absence of a means of finding it, this means, which is the Internet, does not mean the absence of some negative effects when making legal notices through it, and in order to show the possibility of electronic legal notices in Iraq, by standing on what is currently in force and between what should to be done, so we will divide this research into two sections. In the first, we look at the essence of electronic legal notice, and in the second we will discuss the legality of using the Internet in legal notice.

A Conceptual approach between money laundering and terrorist financing


Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 153-182
DOI: 10.37651/aujlps.2021.171417

There is a close relationship between money laundering and terrorist financing crimes, as the bleached money resulting from illegal sources contributes to financing terrorist organizations and actions in many countries, making many of them link between the crime of money laundering and the crime of financing terrorism in many legal texts.This link between the two crimes led to confusion between them due to the presence of many similarities between the two crimes, but at the same time there are many points of difference between them, so what are the limits of overlap between the two crimes of money laundering and terrorist financing?This is what we will try to answer in this study by addressing the concept of money laundering and terrorist financing crimes due to the clear difference between countries in defining an accurate concept of the two terms, and then show the extent of overlap between these two crimes by focusing on the similarities and differences between them.

The Cooperation between the legislative and executive authorities in the Iraqi parliamentary constitutions

Dhafir Mohammed Hamdi

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 183-205
DOI: 10.37651/aujlps.2021.171418

The parliamentary system adopts a flexible separation of powers , and this separation allows for cooperation between the legislative and executive authorities , as each of the two authorities participate in the work of the position that the other assumes , so the legislative authority undertakes cooperation in the field of the executive authority , which is embodied in the following aspects : the choice of the head of state , and the performance of the head of state , and members the government takes the oath before parliament , approves international treaties , approves the general budget and final accounts , and the executive authority undertakes cooperation in the field of the legislative authority which is embodied in the following manifestations : the combination of parliament membership and the ministry , participation in the legislative function , special actions to form a parliament , and actions for convening parliament.

Disciplinary Responsibility Impediments of Public Employee

Maryam Mohammed Ahmed; Gashaw Maroof Sidah

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 206-228
DOI: 10.37651/aujlps.2021.171419

AbstractSince the public employee is linked to an organizational relationship with the administration, this relationship entails a set of mutual rights and duties between the two parties. In order to ensure the regular functioning of the public facility, the legislator has established a disciplinary system through which the public employee is allowed to be held accountable for the violations committed by him when exercising his job, and imposed Disciplinary penalties are imposed on him if he is proven wrong and breaches the duties of his job, and the employee may commit acts criminalized by the legislator under punitive texts inside or outside his work, which in turn is reflected directly on his job, which leads to arousing his responsibility, but it is noted that there are cases in which it is impossible to hold the employee accountable for compelling reasons that make him lose eligibility It is called (impediments of responsibility), which maintains the character of the violation or criminalization of the act, but prevents the establishment of responsibility

Automation of customs procedures at border crossings" Between reality and hope"

Hanaa Salih Khrbeet

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 229-264
DOI: 10.37651/aujlps.2021.171420

International trade occupies the largest and most important part of the economy of countries, and an important factor in measuring the extent of their progress. In contrast to this importance, there are obstacles that confront it on the ground that hinder its implementation in a transparent manner, which leads to its decline and according to the difficulties it faces, and with the advancement of technology, countries have shown their interest By introducing computer processes and electronic devices into its work to facilitate the movement of goods across borders, so automation appeared in customs procedures as a necessary procedural process to facilitate the import and export of goods.

Real estate developer financing " A comparative study"

Wurood Khalid mohammed; prof . Dr AKRAM. M. HUSSAIN

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 265-311
DOI: 10.37651/aujlps.2021.171421

he real estate developer’s practice of real estate development activity requires him to provide financial resources to implement the investment projects he undertakes in the field of construction or restoration of buildings designated for residential or commercial purposes. Despite the importance of financing the real estate developer, our national project did not give it the sufficient attention it deserves. As did the laws of some comparative countries, and accordingly we rushed to address this issue through analysis and study, adopting the analytical approach and the descriptive comparative approach to the laws of some Arab countries in addition to the Iraqi law, and we came to the need to avoid the deficiency that our legal system suffers from with regard to the issue of financing the real estate developer from During finding legislative remedies for that.

Judicial censorship for on administrative decisions defected with temporal and spatial non-specialization

Raeda yassen khither; Son gull jihad sidiq

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 312-340
DOI: 10.37651/aujlps.2021.171422

Abstract The defect of temporal and spatial jurisdiction is one of the defects of simple jurisdiction that affects the administrative decision whenever its source in its issuance exceeds the scope of its temporal jurisdiction as if it was issued on a date subsequent to the end of its tasks or the decision was issued outside the scope of the region specified for its issuance and this is called spatial jurisdiction. Therefore, the legality of the administrative decision it is affected by the legitimacy of jurisdiction, and hence the importance of judicial oversight in addressing administrative decisions issued by an administrative body that is not competent to issue them. Therefore, we will divide this study in to two sections. In the first section, we will show the concept of the defect of temporal and spatial jurisdiction and its image in two demands, while we will address in the second section the administrative judiciary's control of a defect Lack of temporal and spatial jurisdiction and the legal consequences thereof in tow demands as well.

The Proof in Lawsuits of Youth Work and the Jurisdiction of the Judge to Enforce the Penalty (Law Study According to The Iraqi Labor Law No. (37) of 2015)

نور قحطان خلیل; أ.م.د. فاضل عواد محیمید

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 341-376
DOI: 10.37651/aujlps.2021.171423

Youth workers have an important role in the building of the presence and future of the national economy as they participate in the different work fields. Therefore, the legislation of laws and regulations of youth work has been a priority of the Iraqi legislator by providing obligatory rules that organizes their work such as the limitations on the number of work hours, rest time, vacation, prohibited work, health examination, and other commitments on employers. To ensure these commitments, many penalties have been imposed on employers who violate them in order to maintain youth health and safety and deter other employers. The enforcement of these penalties needs to prove the violations of the employers and the methods of proof are unique for this type of work lawsuits.


Sara Gazwan Faisal Al-A'meri; Asst. Prof. Dr. Arkan Hameed Jde'a; سارة غزوان د. ارکان حمید جدیع

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 377-412
DOI: 10.37651/aujlps.2021.171424

Most countries believed that international monitoring of elections constitutes a violation of their national sovereignty. These countries were keen to prevent the violation of their sovereignty, not to adopt the idea of international monitoring of the elections, and to refuse to accept it. It may be a tool in the hands of the major powers to achieve their interests under the pretext of promoting democracy and protecting human rights. On the other hand, many countries supported and adopted this idea and included it in their internal legislation. Because of its importance in promoting democracy, protecting human rights, and expressing states' solidarity to maintain international peace. Therefore, the problem of the study revolves around clarifying the extent to which international monitoring of elections affects the principle of non-interference in the internal affairs of countries, and how international committees can exercise them as a means to protect human rights without compromising national sovereignty. The researcher used the descriptive-analytical method of legal texts related to international control and the principle of non-interference in the internal affairs of countries. The study concluded that international monitoring is one of the international mechanisms that work to strengthen democracy and protect human rights without compromising national sovereignty. However, it is not in itself evidence of the democracy of a particular political system. The study concluded with a number of proposals, most notably: the need for countries to adopt electoral systems that guarantee fair elections in accordance with international standards for democratic elections. And work on setting explicit and clear goals and plans for international monitoring, by separating the monitoring work from other work.

Ways to address the impact of financial secrecy on tax evasion

Mohammed Hamad Abad Hamad; Mutz ali sabbar Al Fahdawi A.p.

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 413-447
DOI: 10.37651/aujlps.2021.171487

AbstractAs a result of the increasing losses of developed and developing countries due to the inevitable tax evasion behind the system of financial secrecy, international solutions have been developed to address the impact of financial secrecy in tax evasion, the most prominent of which is the development of the United States of America tax compliance law, as this law obliges banking institutions located abroad to disclose They also established the international forum for transparency and exchange of information for tax purposes.as a result of these international efforts, the reality of financial secrecy has become characterized by tax transparency.

The effectiveness of the International Monetary Fund in Developing the economies of developing countries

Assist. Prof. Dr. Hussam Hameed Shehab; researcher Ahmed Araak Nayef

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 448-492
DOI: 10.37651/aujlps.2021.171488

Developing Countries suffer from major shortages and misuse of their local resources, therefore, they resort to external funding in order to finance their development projects. Developing Countries resort to the International Monetary Fund to provide them with the necessary financial resources to support their local economies and correct the imbalances in their budgets, which contribute to the achievement of the development process in these countries. However, the conditions accompanying these loans limit the possibility of maximum benefit from these loans. Though the Monetary Fund has played a positive role in supporting many Developing Countries, there are some experiments that have failed due to the conditions of the Fund that do not fit occasionally to the political, economic and social situations of these countries.

The Developments of Western political thought in light of the Corona virus

Dr. Sana Kadhim Kate’a; Ahmed Karim Saleh

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 493-544
DOI: 10.37651/aujlps.2021.171489

This pandemic represented (a dividing line) based on a time dimension as a separating point between before and after, and a material dimension related to social, economic and political implications, and a symbolic dimension related to the dismantling of psychological and symbolic buildings, patterns, values, policies, and the emergence or rise of new structures, on the social level The falsity of the sayings of justice and solidarity adopted by some ruling systems and ideologies.There are many inhumane practices that revealed the depth of the value, social and cooperative problem that humanity is experiencing, but on the other hand they generate awareness that salvation is no longer an individual and subjective bet, and that is why the (social ego) overrides the (personal ego). And every individual became aware that he would not only survive by himself, as long as he was in a collective global and cosmic danger, for his salvation was linked to the salvation of those with whom he shared the existence. On the economic level, many proposals have emerged about (the economy of life, the economy of knowledge and technology, altruism, the fragility of the foundations of economic globalization, and the new third world Europe). Politically speaking, we can talk about intellectual developments about (populism, globalization, the growth of right-wing currents, and the decline of neoliberalism, New communism, the role of the state, freedom, digital dictatorship).

Good governance and its impact on promoting democratic transformation (Iraq as a model)

Saher Mukhlif Hbeeb; Foud Jameel Khalef

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 2, Pages 545-594
DOI: 10.37651/aujlps.2021.171490

Wise government is an evaluation characteristic of the governance process. Public institutions depend on the wise government to run public affairs, manage public resources, and guarantee human rights. Wise government is linked to political and institutional processes and their outcome to achieve development goals. Wise government can be tested by its commitment to human rights principles such as civil, cultural, economic, political and social rights. Therefore, achieving a wise government in Iraq is an important issue. In Iraq the democratic process faces many problems, and the government is unable to run the country properly. A wise government provid Iraq real development , saves it from the current situation and achieves development.