Volume 8, Issue 3, Autumn 2018

Crime of preventing the public servant from carrying out his duties

Hamdi saleh majeed

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 1-21
DOI: 10.37651/aujlps.2018.171688

The State provides its services and duties to the people, relying on its employees. They considered as link between the state and the people. Because employees have direct connection with people, they may suffer and get upset from people and they can not discharge their duties. Employees may need protection to do their duties. Therefore, we consider preventing employees from performing their duties as offence. The public job and employees needs criminal protection. This research dealt with different aspects of the crime such as determining its material and moral elements, the character of the victim as employee and the concept of the employee under administrative and criminal aspects. Also, this research explains the meaning of the employee and who in charge in public service, the circumstances that renew the crime and the penalty which defined legally to this crime. Finally, this research strengthened by certain judicial decisions.

Contract Distortion (A comparative Study)

Mohammed Abd alWahab Mohammed; Hameed Sultan Ali

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 22-36
DOI: 10.37651/aujlps.2018.171689

The interpretation of contract considers one of the most important and complicated legal tasks that done by the judge. The contract is the law of contractor's parties and it reflect their wills and intents. So, when the judge had to interfere to reveal these wills and intents, heshe should not deviate from the main object of contracting. If the judge interprets the contract in a way that led to change its real meanings or to conclude a new intent that not exist in the contract when it concluded, that would be consider a distortion of the contract. When this issue happened, the higher court must interfere to restore the justice between the contractors. If the court found the judge had distort the contract in his judgment, it should be repeal. It is important to apply the contract in the way that serve its actual object and the real intent of the contractors.

Confrontation Domestic violence against Women Between Islamic Law and Legislative Law. A comparative study.

Adnan Ibrahim Abdul; Adel Nasser Hussein

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 37-54
DOI: 10.37651/aujlps.2018.171690

Women in society are subjected to great pressure. If the ignorance and less knowledge increased in the society, women would suffer from violence and there are different methods and means lead to that. one of the most dangerous types pressure is what women face in their home which is supposed to find softy protection and kindness. Therefore, the phenomenon of domestic violence in our societies will remain for long period. this phenomenon worthily of study its reflection and analysis to find out the causes and how to deal with them.

The Legal System for the Execution of Punishment

Raad fager fateh; Muaath Jasim Mohammed

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 55-69
DOI: 10.37651/aujlps.2018.171692

The individual unable to get hisher right by himself when an attack is committed against him, but the right to litigation is guaranteed. The individual must be resorted to the judiciary to judge the assaulter and compensation him. A person should obtain hisher rights by a final judgment that issued by a competent court, so as not to prevail the law of the jungle, which is based on the promotion of instincts, the control of power, oppression and that is mean of the waste of criminal justice and the destruction of human equality. The penalty should be executed after the judge issued final decision on the case. Executing the punishment is dangerous decision because it related to human rights. Each case must prove by strong evidence to prevent any authority of using the power to violate human rights. This research concentrates on the problems of executing the punishment. Legal libraries in Iraq is free of the jurisprudence books that deal with this important subject. Also, Iraqi legislator did not determine a court which is specialist on these problems in specific rules, but other Arabic and Foreign legislators did that.

The Criminal Confrontation of Economic Crimes in Light of the Economic Transformations

Nawal Tariq Ibrahim; Mohammed Abbas Ahmed

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 70-85
DOI: 10.37651/aujlps.2018.171694

Economic and financial crimes have become a threat to global security at all levels such as politically, economically and socially, after the transformations of the world, especially in the second millennium. Globalization has swept all areas of human life, especially in the economy and finance. This has led to the growth of international financial markets and it became easy transferring money among different countries. Therefore, we find that economic crime is one of the biggest obstacles that hinder the advancement of the national economy and prosperity, because of the great effects threaten the community. There expectation of increasing the activity of economic crimes in globalization era and establishing new styles of them because one of globalization characters are remove economic obstacles among states. There expectation of increasing the activity of economic crimes in globalization era and establishing new styles of them because one of globalization characters are remove economic obstacles among states. Economic activity across the national border spread in the world and it establish the economic crime especially since the electronic revolution. The electronic revolution has important role of such crimes as these crimes should use the advantages of electronic services. The economic crimes result large illegal income and it requires serious international efforts to face these crimes. The purpose of this research is to try to define the phenomenon of economic crimes and to identify its characteristics, to identify its effects and to identify the international, regional and local mechanisms to face them.

Debt and Real in Islamic Jurisprudence and Adaptation in Law (Comparative Study)

Ali Shaker Abdl Gader Al Badri

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 86-101
DOI: 10.37651/aujlps.2018.171695

Islamic Jurisprudence include several schools and these schools have wealthy knowledge for scholars and law researchers. In general, the Islamic jurisprudence has important role in the general law and it is having especial role in civil law. The debt and real state consider an important subject in Islamic jurisprudence and religion. Because Islamic jurisprudence has especial terms and concepts for debt and real state that sometimes agree with law's terms and sometimes not. This research will explain the similarity and the difference between Islamic jurisprudence and law.

International legal rules regulating the right of happiness and its impact on sustainable development

Hadeel Saleh al Janaby; Yahia Yaseen Saud

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 102-120
DOI: 10.37651/aujlps.2018.171697

It is known that human rights and public freedoms have a great importance for human life and prosperity of society, therefore, the states have been keen to include their protection in their constitutions and national laws, and they have become a great importance for contemporary international society. It may seem that the long-term aim of guaranteeing these rights and freedoms is to achieve a happy life for the human, that end which requires the integration of the rights and freedoms that stipulated in the internal laws of the States and guaranteed by international charters and conventions where mostly confirmed on human right to life and dignity and prohibition of torture or any inhuman or degrading practices, as well as other social, economic and cultural rights. In this research we have addressed the purpose of ensuring these rights and freedoms by trying to definition the concept of the right of happiness, In terms of the characterization of that right as a right of its own or is it a right of a reserve nature that requires the availability of other rights? And the extent of the impact of ensuring the fundamental goal of rights and freedoms to achieve happiness and its impact on sustainable development in order to reach the developed and prosperous societies enjoy its members of luxury, as we find that many countries, especially in recent times, the search for ways of international cooperation through the convening of conferences and alliances to achieve the right to Happiness, and even some dedicated to that end an independent ministry within its governments called the Ministry of Happiness.

The security international humanitarian intervention in Syria

Muhammah Daham Kurdi

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 121-134
DOI: 10.37651/aujlps.2018.171892

The international humanitarian intervention in Syria, one pictures the protection of civilians in armed conflict and the attention of international humanitarian law in general, and in particular the Security Council, which aims to reduce human rights violations suffered by the Syrian people. With the variation of definitions differed views about the intervention of international humanitarian between supporters and opponents, in light of the multiplicity of justifications between keeping international peace and security or humanitarian grounds as used excessive violence against civilians and the concomitant arbitrary arrests and mass killing and displacement of populations. As for increasing the suffering of the Syrian people remains the Security Council in front of the problematic presence of constraints that limit the intervention of international humanitarian, especially the sovereignty of the state and under the domestic jurisdiction of hand, and justified the exclusion contained the text of Article (2/7) of the UN Charter, which authorized the intervention under Chapter VII of the order alleviate the suffering of the Syrian people as a result of human rights violations

Tin Crisis and its Impact on Turkish-British Relationships During WWII

Muath Hilal Jasim; Fahme Ahmd Frhan

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 135-143
DOI: 10.37651/aujlps.2018.171894

This research demonstrates the impact of the crisis on the tin British-Turkish relation, having seen the war such as the development of relation between the two countries , culminating in the agreements of economic and military agreements are confidential.But Turkey has succeeded during world war ll to manage its Relationship with the Ayurtha to enter the war on the side of any party, but has worked to exploit the warring parties to their advantage, and the biggest proof is managing the crisis tin , and significant gains in their favor of imposing conditions on the export and identification of the goods which are issued against the tin and raise prices to more than double.And tired in all circumstances kept as good relations with Britain and not losing it in the worst conditions… The Turks managed to convince the British Turkey would remain neutral and not to be drawn with Germany, despite treaties and when she saw that the war on the verge of decisiveness in favor of the Allies announced the entry into the war in 1944, but not effectively.

Administrative responsibility for damage to mobile towers

Ali Hamza Abbas

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 144-171
DOI: 10.37651/aujlps.2018.171896

The technological development in all areas of life and in the field of communication services has a great impact in supporting scientific and practical life in many aspects by facilitating the means of life in a more comfortable manner. However, this is not without negative things, On public health and lead to serious diseases that threaten human life.Therefore, the company must follow the international standards in the installation of communication towers and equipment necessary for the service required and does not expose the human and the environment to potential risks.The responsibility of the company remains in place even in the case of a license to work because the rules of responsibility, if achieved, the company is responsible for the damage that has occurred and affected the environment and human.We believe that the Arab countries have preceded us in their legislation concerning the telecommunications facility through the adoption of a comprehensive system that includes administrative licenses granted to companies and work permits for telecommunications workers. Therefore, the Iraqi legislator should follow suit of these countries by creating a comprehensive legal system that specifies the conditions for obtaining the license international standards, environmental and health condition and all requirements.

Iranian Foreign Policy Towards Changes in The Arab Region

Nahrain Jawad Sharqi

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 172-191
DOI: 10.37651/aujlps.2018.171897

It is very easy to understand that any country has external goals and interests and they are trying to achieve it or maintain on them, but it is very difficult to understand the vision of the foreign decision-maker and its strategies to achieve those goals and interests. Also, this applies to the Iranian situation, which is the subject of our study. Iran's foreign policy is characterized by ambiguity and complexity at the same time. It also has a high pragmatism to adapt with events and changes which taking place in the Arabic region in order to harness events and changes to achieve Iran's interests and objectives in the region. With the beginning of the Arab spring revolutions in late 2010, Iran's foreign decision-maker began to reformulate Iran's foreign policy mechanisms to fit with the events and to ensure the achievement of Iranian goals in the Arab region.

The Effectiveness of Administrative Grievance in Resolving Administrative Disputes disputes

OKAB AHMED MOHAMMED; Areyj talib Kazim

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 192-213
DOI: 10.37651/aujlps.2018.171899

 judiciary considers sanctuary, which is indispensable to ensure the rights and freedoms of individuals. In order to achieve justice and applicating of the law, disputes should be raised. These disputes lead to make judges afford more stress and spending a lot of money and efforts in order to resolve such disputes. As well, some of those disputes do not rise to the ranks of the big issues, and they could be solved by other means other than the judiciary. The main point of this research is clarifying alternative methods for the judiciary to dispute resolution. According to this research (Administrative Appeal) is an important means to resolve disputes, which facing the administrative section. The purpose of the administrative appeal is to reduce filed disputes versus the administrative section in court and resolve them by a friendly method. In general, the administrative appeal requested by a person who does not accept the boss's decision. The claimant should apply to hisher boss to review the administration decision. Because when the management is practicing its work and activity, it may take a series decision and some of these decisions may affect directly or indirectly the rights of individuals or violates the principle of legality. The legislator fended a solution for this issue which is if the boss's decision affects the employee's rights, the employee should apply objection to hisher boss before heshe go to the court. The employee should ask hisher boss to cancel the administrative decision that heshe believe it was injustice. If the boss did not cancel the administrative decision, the employee can make objection on that decision before the court. This research will explain several issues such as the meaning of administrative objection, types of administrative objections, the objection can be used as a mean to resolve the disputes, and the effect of administrative objection.

Rights to Image and Civil Protection A Comparative Study Between the Iraqi Civil Code and the Egyptian Civil Code

Thamer Jassim Mohammed

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 214-226
DOI: 10.37651/aujlps.2018.171901

Many legislation's and civil codes in many countries consider the right of the picture is one of the personal rights. This issue appears because the development of technology in the field of photography and publishing and many legislation's have dealt with these issues that abuse on the person's right in hisher picture. The legislators have included legal provisions that require civil liability, criminal responsibility and penalties if someone violate right of the picture of someone.

Conflict of laws in Copyright (Comparative comparison)

Fatima Najem Mohammed

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 227-241
DOI: 10.37651/aujlps.2018.171903

The matter of determining the applicable law that governs copyright is a thorny issue in the jurisprudence of private international law. This is due to the nature of the place to which this right is given, since this right is not material property. Also, in most countries the national legislator has not established a special rule for intellectual property and it became hard to determine specific law that govern author's rights. This issue has resulted in a jurisprudential dispute embodied in several theories, including those who take the application of the law of the original state of intellectual work and others that take the application of the law of the State where protection is required. In addition, some international conventions have been organized this case and the most important of these are the ''Berne Convention'' on the Protection of Literary and Artistic Works of 1886, and the Universal Convention on the Protection of Copyright (the Geneva Convention of 1952). In this issue, some legislators attempt to make a comparative laws to establish rules governing and regulating such this matters. The Iraqi legislator attempted to protect copyright under the amended Copyright Act No. 3 of 1971, which provided for cases where Iraqi and foreign authors could enjoy the protection prescribed by law. The Iraqi legislator failed to address the issue of law applicable to copyright in case of non- Applicability of the Iraqi law.

The Policy of the Iraqi Legislator in Combating Administrative and Financial Corruption

Mohmmed Homde

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 242-262
DOI: 10.37651/aujlps.2018.171904

The phenomenon of administrative and financial corruption is one of the most important problems that hinder the progress of the state and society. Because this type of corruption leads to deviation in job performance through preferring the private interest on the public interest, leaving its negative impact on all economic, social, political and other levels. Therefore, it is necessary to correct this phenomenon by looking at the reasons that have led to the aggravation of this problem and finding ways to correct this serious phenomenon. One of the most important of these solutions is the activation of the criminal policy role, which is a preventive treatment method. Also, activin the role of national criminal legislation in criminalizing all forms of administrative and financial corruption and put the appropriate punishment. As well, activating the role of institutions responsible for combating administrative and financial corruption, represented in Iraq by the Integrity Commission and the Financial Supervision Bureau and the offices of public inspectors. While the preventive aspect represented by following many disposals and procedures during the practicing of the administrative job such as application of the principle ''from where did you get this ?''. It is very important to simplify finishing the paperwork and determine a certain period to complete it. Establishing especial committees to monitor the performance of staff periodically between branches and ministries. This research include many methods which prevent practicing administrative and financial corruption .

The Power of Parliament to Control the Actions of the Government in Iraq

Wadeea Dakheel Ibrahim

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 263-275
DOI: 10.37651/aujlps.2018.171906

Parliament has observation powers in addition to the legislative powers in order to monitor the work of the government and to find out the truth in some of the subjects that the parliament must stand on its own. The parliament has many means of monitoring under the law to monitor and hold the government accountable for its actions. Sometimes the parliament has weak role because of political conflicts and lack of care for parliamentary duty. In addition to the expansion of government activity in various areas which led to make the parliament unable to face or count the government at most times.

The Knowledge of Individuals in the Administrative as a Condition for its Validity Regarding Individuals

Mohamed Noaman Ataallah

Journal of Anbar University for Law and Political Sciences, 2018, Volume 8, Issue 3, Pages 276-290
DOI: 10.37651/aujlps.2018.171907

The administrative decision is not applying and execute to individuals unless they are informed by legal means. Therefore, it is necessary to clearly these conditions and the means to achieve them. This research deal with the subject of the entry into force of the administrative decision and its validity towards individuals in three sections. The first section of this research dealt with the definition of publication and its distinction from the publishing. The second section will discuss the concept of advertising in general and then the ways of advertising the administrative decision. The third chapter deals with the meaning of certainty science and its conditions and its proof. Finally, the conclusion that includes the results and recommendations that reached through this research.