Volume 11, Issue 1, Spring 2021


Civil Liability of Foreign Labor Recruitment Offices (comparative study)

Prof. Hamid Sultan Ali; D.r Louay Sattam Hammoud

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 1-24
DOI: 10.37651/aujlps.2022.171491

Foreign labor is an important factor in the development of the economy of any country, and in the development of Iraqi society, the influx of large numbers of foreign labor from various countries and largely to Iraq, in the absence of a law on the regulation of foreign labor, it requires intervention Legislative assists in absorbing the numbers entering the country and regulating their conditions in a way that contributes to the development of the Iraqi economy and reduce the problems resulting from recruitment. The contract of recruitment of foreign workers is subjective in terms of the nature of the performance that the foreign worker should perform, which naturally requires that he be subject to special rules appropriate to the circumstances of the contract.The recruitment office has to prove that he has done the necessary care in the control and guidance of his follower

The Internal democracy for parties and its guarantee (a comparative constitutional study)

Dr. Mohamed Ezzat Fadel

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 25-67
DOI: 10.37651/aujlps.2022.171492

The internal democracy of parties refers to the general participation of members in party work. which is complementary to the rights of individuals in thought. expression. assembly and equality. The form of the political and electoral system has its effect on the extent of democracy. which may narrows in systems of parliamentary form or in the majority systemsThe establishment of democracy depends on the existence of an internal system. and a law separates among the personality of the government and the party. and prevents the ease of party division. and determines system of Social Representation. which is not guaranteed by Iraqi law. the constitution must be include obligating the president of the republic to give up his party membership. and the law stipulate general principles in drawing up the party’s bylaw. and the general participation of members in its important decisions.

Using of Body Language in Criminal Investigation Study to Develop of Criminal Justice))ٍ

Dr. Raad Fager Alrawi

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 67-105
DOI: 10.37651/aujlps.2022.171493

Body language sometimes has impact for granting confidence to a suspect throughout what he has a charsterictic e of personality or the contrary, it could be impact on suspect thus, it makes him feeling embarrassed and concerned. Body language has become skill and creative that most legislations put it within its legal rules, training judges on this language by helping of experts of psychology science in general, and experts of criminal in particular. Also the idea of training judges on non-verbal signs and suggestion helps them in investigation session and trail to dates of what suspect is hiding something important in the critical position which helps to get reaching to build a completed conviction to achieve justice.

Legal Regulation For University Service Employers' Retirement In Iraq, A comparative Study

Dr. Sami Hassan a Al-Hamdani

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 106-142
DOI: 10.37651/aujlps.2022.171494

The university service employee is one of the most important job segments working in the departments and institutions of the state, and this is due to the importance of the activity that he undertakes, which is university teaching, preparing scientific research and preparing a generation armed with the arts of knowledge and in its various aspects, which contribute to the rise of society and the advancement of its members, and therefore the legislation in Iraq and the countries of comparison has been keen Giving attention to this segment and granting it the privileges it can fulfill its duty to the fullest.Perhaps one of the most important of these privileges is the setting up of special laws that regulate the career of the university service employee from entering the education line until leaving it, and the subject of the study focused on the legal organization of the university service employee at the moment of his connection to university service in terms of showing retirement cases, which we limited to three basic cases: referral due to completion Age of law or due to health condition or the fact that this referral was issued at his request.And it became clear to us through this study that the university service employee enjoys privileges related to the retirement age, calculation of the retirement salary and other privileges that the legislator has assigned to the university service employee.

Areas of Control over the Judge's Authority in to determine evidence

Dr. As Ibrahim Ali Al-Asi

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 143-193
DOI: 10.37651/aujlps.2022.171495

A mistake is a human trait from which even the prophets have not escaped across the history and that the judicial organization is still a human act in its organization and procedures and resulting decisions and rulings without oversight is a disregard from the main objective which has no been correct in the criminal procedures law except to take care of it from the right and justice and has limited juridical errors in the narrowest possible space that have avoids in the beginning and then works to remedy them later, and that is within narrow limits because the complete annulment of juridical errors is an aspiration that human means do not realize. Therefore , this objective necessarily requires a variety of areas of oversight in matters and decisions issued by courts in terms of their assessment of evidence in these areas , which is control over the content of evidence and control of contradiction and attribution . Also , the reason given by the judge must include an explanation that shows everyone the reasons for this decision . The causation constitutes a social guarantee against the judge's control and deviation in exercising his discretionary power, and it is a means of protection for the judge himself , as he plays a essential role in achieving legal and moral balance in society and plays a psychological role for every ones to be convinced of the justice of the judiciary. For the judge of the matters , to base his judgment on proven certainty evidence when assessing the judgment with evidence , for judgments are only based on certainty and not on suspicion and probability . Evidence in criminal cases is the basis of the judgment and its basis for proving or denying the incident, or it is specified in the Federal Court of Cassation in monitoring the assessment of criminal evidence.

Governing the resignation of the Prime Minister in light of the Iraqi constitution 2005

Dr. Okab Ahmed Mohammed

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 194-208
DOI: 10.37651/aujlps.2022.171496

The Iraqi legislator has adopted the parliamentary system in the constitution 2005, and one of the pillars which the parliamentary system is based on is the duality of the executive authority, where is at the republic presidency and the presidency Ministers are on the top of the executive authority. The term of office of one of the two presidencies is not permanent, and end of the term may be normal or exceptional. the normal term related to such position is four years, but it could be ended in exceptional circumstances at any time before the end of the term of such as in case of resignation. The Iraqi legislator has governed the resignation of the president of the republic in the constitution, but it ignored governing the resignation of the prime minister. For that, this study addresses the issue of resignation of the Prime Minister due to huge role played by the prime minister

Administrative judiciary And a course in protecting freedoms related to human thought

Dr Saleh Abd Aaied Saleh; Huthayfa Adil Abdulkareem

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 209-243
DOI: 10.37651/aujlps.2022.171497

The freedoms related to a person's thought are closely related to the thought of the person and contribute to the formation of his opinion as he wishes and aim for the person to be free to express his opinion in the way he wants without any obstacles, whether his expression is in words or in writing. Reason, therefore, is far from the control of rulers and the authority of the law, except that this expression enjoys external manifestations that have external outward effects, and at that time they are not far from the control of rulers and the authority of the law, and this is why the constitution stipulates the guarantee of freedoms related to human thought, Foremost among which is freedom of expression, freedom of education, the right to vote and run for office. However, despite the constitutional texts guaranteeing these freedoms, the administration continued with the power it possessed to try to restrict these freedoms, and here the administrative judiciary has the task of monitoring the work of the administration, as this control is considered One of the most important guarantees for the freedoms of individuals in exchange for the powers that the administration possesses, in terms of canceling administrative decisions that violate the freedoms of individuals guaranteed by the constitution, and it is at the same time a warning to the administration about the necessity of deliberation before issuing any administrative decision that affects the freedoms related to human thought.

Law applicable to debts arising from International relations with a foreign element

Dr. Ibrahim Hammoud Muhanna; Wurood Khalid mohammed

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 244-264
DOI: 10.37651/aujlps.2022.171498

Relationship of indebtedness is considered as one of the most important questions in private Law. Its importance has obviously increased and becomes as a significant topic of conflict of laws, moreover, its elements are related to several legislations. In the present study, we point out these questions on the light of international life and the method followed for the purpose of the conflict of laws. This study tries to find the required solutions according to Iraqi laws. It contains two main axes, the first one deals with Applicable law on the debt arising from civil liability second one deals Law applicable to commercial trading bonds. This research includes also the position taken by the jurisprudence and the point of view of doctrine and legal application. Therefore, the first topic tackles the conflict of laws in the debt arising from civil liability. We did our best to show the principal tendencies in the determination of law of succession a good research has been done in Iraqi. The second topic discusses the conflict of laws in the commercial trading bonds. Finally, this study ends with a general conclusion in which all the implications, recommendation and results are entirely stated.

Rehabilitation of contracting with a ten-year guarantee

DR. AHMED ABDEL AMIR KAZEM HUSSEIN JIBRIN

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 265-312
DOI: 10.37651/aujlps.2022.171499

Building and construction works are complex works that require scientific qualifications and technical expertise, so the legislature created the ten-year guarantee with the aim of protecting people and obliging the constructor to bear responsibility in the event that the building is demolished or a defect appears in it, and there must be a contracting contract between the constructor and the employer, and he bears The constructor is a construction guarantee of ten years from receiving the building and guaranteeing it from defects that appear in it, Also, the builder may not be obligated to compensate the employer in several cases, such as: force majeure, third party error, and other such cases. The builder cannot evade responsibility. This guarantee renews the personal sphere in several responsible persons represented by the architect and the contractor, in addition to mentioning the beneficiaries, such as the employer and his public and private successors. That the compensation be monetary in the event that the employer refuses to rebuild what he has committed to.Whereas, this study will be based on advancing the acceleration of activating the decimal system through strengthening and strengthening the legal texts that the Iraqi legislature should pay attention to, especially as we are going to find out most of the remnants of the works of the constructed establishments that do not include their protections through this system and seek to legally strengthen the role of this protection Sound.

Building overrun and the Iraqi legislator’s stance towards i -random housing as a model-

Dr. hind faleh Mahmoud

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 313-339
DOI: 10.37651/aujlps.2022.171500

The phenomenon of random housing or the so-called (abusers housing) is one of the biggest problems of the modern era that created many economic, social and legal problems and became aggravated with the passage of time without radical solutions to them. The countries in which slums constitute belts surrounding urban areas and have serious and deviant repercussions that have greatly affected the sustainable urban environment, due to the lack of effective solutions to meet the multiple needs of population and urban expansion, which led to the increase in the phenomenon of random housing by overtaking building on state-owned land And individuals, which is one of the most prominent crises afflicting Iraq ,as the Iraqi legislator failed to protect the legal protection of public ownership, as the diversity of laws and decisions issued by different parties and on successive periods of time, while not being comprehensive and sometimes contradicting them, resulted in non-compliance with them, some of them were stressing the elimination of the excess and the other ordered ownership or compensation for the transgressor. The persistence in overriding and building slums, which requires setting up a legal system that gathers together the dispersed legal texts and helps to stand firmly against the phenomenon of excesses and random construction while finding the necessary solutions for sustainable urban development, the most important of which is not to bequeath problems to future generations, since slums will inherit big problems. If it is not treated with solutions that reduce its effects.

A Legal View of the Concept of Banking and Its Types

Dr. Andalus Hamid Abed

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 340-379
DOI: 10.37651/aujlps.2022.171501

Banking has witnessed a scientific transformation as a logical result of the revolution in new technologies in the stock market and banking activities. This reason has led banking and financial institutions to provide a new type of services that are coordinated with what has become prevalent in the banking market. The development of the bank performance came in line with the surrounding circumstances and in what is embodied in electronic banking. This research aims to clarify the role of banks in providing services to customers in new areas, with various alternatives and options. Banks have a clear activity in all countries of the world, represented by the activity of banking and by converting national cash into foreign currency, whether manually or by means of a visa card and calculating salaries as bank credit. This fact is reflected in many bank operations such as documentary credit, letter of guarantee, loans, discount operations, and an overdraft. It is also represented by investment and other banking activities. The research problem lies in the need to face some challenges in the integrity of information in electronic work. The electronic signature is one of the challenges that encountered the Iraqi judiciary as evident. A customer account hacking problem may arise, as banking may also be associated with operational or strategic risks. The difference in banking operations and the diversity of activities, especially since the development and continuous growth of banking operations caused a problem in setting a definition for the bank. Nevertheless, the concept of banking stems from its primary purpose that is related to the business for which it is established, money trade. It has imposed the same necessity to resort to banks. Finally, we suggested keeping pace with the development in the information revolution due to technological progress in electronic banking, which has become a part of our daily life, to determine the guarantees, rights and, obligations that result from the electronic transactions.

The rules and limitations of the judge's authority to address the arbitrary conditions included in the consumer contract

Abdessalam El Haoua

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 380-417
DOI: 10.37651/aujlps.2022.171502

The inability of the general rules of the Civil Code to provide the necessary protection for the consumer, and sufficient legal guarantees for judicial intervention in order to control and eliminate the arbitrary conditions included by professionals in consumer contracts, prompted the Moroccan legislator to enact a new consumer protection law law31.08, which allowed the Moroccan judiciary to intervene to monitor the arbitrary extent of the conditions in the consumer contract in question.given the seriousness of the arbitrary conditions on the consumer’s interests, the Moroccan legislator granted it a strict legal framing through the entire third section of law 31.08 that was entitled to "protect the consumer from arbitrary conditions". Besides, the legislator gave the judge broad and important discretionary power in order to assess the arbitrary nature of the conditions included in the consumer contract, however, he surrounded them with a set of legal controls that the judge must consider when dismissing such disputes.Through this study, we have tried to stand by the controls and limits of the judge's discretion in addressing the arbitrary conditions included in the consumer contract, all by stopping at the latest jurisprudence and analyzing it in terms of its adequacy in consumer protection; With a considerable openness to Moroccan jurisprudence and doctrinal studies, and we urge our judicial system to consider this study to reach a contract equilibrium.

Knowledge: A study of the conceptual problem with reference to selected models

Dr. Moayed Jubeir Mahmoud; d. Hamid Fadel Al-Tamimi

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 418-450
DOI: 10.37651/aujlps.2022.171503

This research is concerned with the study of knowledge and its place in human thought, its concept and the problems that can result from it when used in the field of academic and research studies, especially since there is a congruence or separation between the theory of knowledge and epistemology as a result of the different schools of thought in that, or the different views of thinkers, specialists and the researchers. . Also, there is an overlap in meaning and usage between the terms: the knowledge and the science. Based on this, this research attempted to define the connotations of the meanings and adjust them in order to accurately distinguish between them, clarify the specialists' position on them, and try to define the conceptual framework for each of these terms that sharing the same content in order to reach a deep and comprehensive awareness of the nature of the cognitive problem raised by the use of each of the terms

The political corruption in Iraq after 2003 and ways to struggle it

D.r. Badria Saleh Abdullah

Journal of Anbar University for Law and Political Sciences, 2021, Volume 11, Issue 1, Pages 451-476
DOI: 10.37651/aujlps.2022.171504

After the political change in 2003, Iraq witnessed many phenomena, the most prominent of which is the phenomenon of corruption in general, which it includes (political,administrative,economic, and social corruption), and the most dangerous of which is political corruption, because political corruption is practiced by influential and responsible persons who control important and influential sites in political power, and where corruption processes are carried out through A network of reciprocal and organized interests that has become a widespread phenomenon in most state institutions, and its negative impact is reflected in the security and development system and in all (political,economic,and social) fields, which leads to the state’s impotence and weak ability to challenges and the establishment of state building. To struggle political corruption in Iraq after the year 2003, it is necessary to work on the availability of mechanisms. And the tools to activate the role of the state and its institutions in struggling corruption, including the development of a comprehensive national reform strategy