University of Thi-Qar Journal of Law Research

Legal Responsibility for the public prosector in Iraq compared study

2019-05-03T14:00:22+00:00

That a year to claim contributes to the achievement of justice and the stability of security and tranquility private community and we are at a time when our country is known as a judicial system that ensure the achievement of democracy and the protection of fundamental rights and preserve the individual liberties of the citizen , and this liability is divided for the public prosecutor , depending on the type of legal duty, who is a member of the prosecution violating ; to disciplinary responsibility ; and criminal liability , and is a member of the prosecution act contrary to his duties , the responsibility of one of these responsibilities items or more than one responsibility .

This study is trying to answer various questions in this context, including: What is the legal nature of the Public Prosecution in Iraq and the Arab world, and how responsibility disciplinary, and what are the acts prepared by the legislator irregularities disciplinary for him, and how are Maakhzth Anillattiya the competent and the party, as well as the safeguards provided by the legislator for the public prosecutor during the disciplinary trial, and how the discipline referral by the public to the criminal courts and the extent of the immunity granted to him, and how are quarreling member of the General discipline in Iraq in terms of demand and response to step down and complaining of it? Down to the best results and proposals that would develop a public prosecutor and to serve the procedural criminal legislation in Iraq.

Caiminal Respousibilty of gun fire

2019-05-04T09:52:53+00:00

The legislator relies in determining criminal responsibility on the so-called mental element, and more precisely on the (directions will), Towards the will is determined by the scope of responsibility for the crime, and then lead the direction of the criminal will , which derives this trait of direction to materialism sides is illegally to determine Photos this responsibility is, if headed the will to act and the result of criminal together achieved liability for intentional crime, but if it went the will to act without result here are responsible for the unintentional offense, and if it went the will to act a certain result, but got the result of the most serious, responsibility here described as responsibility inadvertently exceeding the offender and, if expressed by the term (Liability semi-intentional).

Prosecutor of the international Criminal Tvbunals

2019-05-04T10:02:49+00:00

The Statute of the International Criminal Court came into legal force on July 1^st, 2002 and since that the court's organs began working and all hopeful to achieve international criminal justice; according to the provisions of Article 05 of the Statute, the ICC has tried to exercise all its powers and functions deriving the necessary legal force from this text which indicates its competence.

Like any court, there should be an existence of a lawsuit thus the court will consider it, this lawsuit is brought by who has the right to do so, either by the public prosecutor representing the complainant in the criminal proceedings, unlike the matter for the International Criminal Court where Furthermore to the right of the general prosecutor to move the case up, Article 13/b of the Statute authorized the Security Council a right to refer the criminal case to the International Court, under Chapter VII of the Charter of the United Nations; the Statute of ICC authorized such right to States-party.

The Office of the Prosecutor is considered the arm of the public prosecution which is a separate and independent body headed by the Prosecutor assisted by one or more deputy prosecutors who –all- must be of different nationalities enjoying the "high moral character" and "extensive" practical experience in criminal trials, as they must be fluent at least of one of the working languages of the Court.

In criminal justice, whether temporary or permanent, it was proved that the choice of the general prosecutor remains always of the most difficult matters, but more difficult than the election of judges of the Court, so that, later it was agreed and highly desirable for this delicate position when to be filled, would be by consensus and not by the proposal or ballot that may be volatile and unexpected in the end.

The Strike in the laws of the Emropean Mnion

2019-05-04T10:12:03+00:00

The strike, the most important means of resolving collective labor disputes, Weak center worker about the strength of the employer and the need for the employee to pay as the source of his or her only In order to give social protection to the worker used the strike to restore balance to the scales of justice, after he suggested, one because of the economic weight to the employer. And because of its rights and public freedoms and the rights of workers, in particular of great importance at the national and EU have occupied the subject of the strike the importance of the Laws of Europe and were availing of judicial rulings very important contributed to determine the exercise of this right or freedom and made him an important means of contributing to the solution of labor disputes in a civilized manner, or in the delivery of voice of the workers and their attitudes on the subject of the dispute on the lower estimate.

The Legal Status of the Maritime Employee ( A Comparative Study)

2019-05-04T21:07:13+00:00

The research aims to establish common rules in order to complete the gap in the Iraqi legislations about this topic by depending on the Arabs legislations especially the maritime laws in the Egypt , Lebanon and Jordan.
This research attempts to find the solutions tothe main questions which arising by this topic such as: who is the maritime employee? Who are the persons that enter under the term of " the maritime employee"? what are the obligations and the rights of him? What are the reasons to end the working of him?

The responsibility of the disciplined of the parliament member for violating session system

2019-05-04T21:34:54+00:00

This study examines the disciplinary responsibility of a member of the parliament to disrupt the system of the session, it highlights the most important duties that should be a member of the parliament to abide within the meetings of the Council and in order to maintain the functioning of the Council regularly and enrich the discussions that take place within the meeting, And parliamentary codes of conduct on the establishment of rules of parliamentary behavior in order to maintain the system of the session because there is no doubt without these rules will lead to the creation of a parliamentary environment based on chaos and unable to represent the people, leading eventually to deviate from the Council's main task in legislation and oversight , And perhaps the most important of these rules regarding the maintenance of the conduct of meetings by attending meetings of the Council and non-violation of the rules of speech by requesting permission and respect the Council during the opinions and compliance with the provisions of the Constitution and the law and the most important role to put these rules in place falls on the Council and the Speaker of the parliament The internal regulations and codes of conduct of the President of the Council have broad disciplinary powers up to the extent of depriving the violating member of participation in meetings of the Council and its committees. The problem of the research revolves around the reasons behind the breach of the Member of the parliament Iraq And the lack of effectiveness of the disciplinary responsibility for the violation committed lies in the weakness of the treatment or the weakness of application, and was dealt with in search of three basic duties within the scope of the session, the first relates to the attendance of the meetings of the Council and its committees, and the second relates to the preservation of the dignity of parliamentary status, and The third relates to the rules of speech within the session, and then we reached at the end of the research to a set of conclusions and recommendations that we hope that the legislature adopt it

Acompratire study of jurisprudence Islamic and law postural

2019-05-04T22:00:40+00:00

The Islamic law defines Waqf as a way of keeping things as it is and liberation of its benefit.

Legally, it is defined as unilateral conduct for whoever in charge in waqf, whereas Muslim scholars permit waqf of the common share and transfer its property and partnership as a full- authorized ownership. On the other hand, Iraqi legislator does not regulate the waqf of common share. Moreover, Iraqi judicial has already issued the waqf of common share on the ground of general common rules. Nevertheless, Iraqi jurist allows the waqf of common share by any one of the partners.

The fulfilment suspension of punishment in the multitude crimenal cases (analytic study)

2019-05-04T22:11:35+00:00

Suspended execution of the sentence a punitive system that would suspend the implementation of the sentence period of time called the (probation period) , if the period elapsed without return the offender to commit a new crime, considered the sentence was not, but this system that was easy to apply a solo in front of the judiciary, It is not as well as when the judge will be in front of cases of multi-criminal, the biggest problem we encountered during this research was the question about the possibility of multiple LV criminality multiplicity or pass judgment suspended in cases of multi-criminal, and affirmed that the plurality of criminal no objection to the referee to stop the execution of the sentence. However the judge power to pass a suspended or not in cases of pluralism also available all the requirements for suspended, It is also proven as a criterion in determining the sentence, which is based upon the judge to issue a ruling to stop the implementation vary according to different multi-criminal type, in the multi-Suri, as well as real pluralism interconnected world, a standard (punishment worst), while in the real multiculturalism is interconnected world, a standard punishment resulting from the collection of penalties crimes committed, the inside was the norm within the legislature scale, jazz sentencing judge to stop the execution despite cases of pluralism

Contem porary party systems and their role in democratie systems

2019-05-04T22:49:31+00:00

There difference between the types of political parties and party systems difference, the former means sections that divided the parties, the second is the sum of the emerging relations between political parties and political society and public opinion, and could be the main party systems is divided into three, a one-party system, and the system of bipartisanship and a multi-party system, and each system of these systems motives autocracy its inception as a motive or reason for historic led to its creation, or lack of dispersion multitude of the people among a number of parties over Monday, as each party system, including its divisions and patterns of its own.

The political parties play an important role and even dangerous in the life of peoples and nations, as the task of educating the people, and the selection of candidates for parliament and the government, and with the importance of the role played by but it is not without advantages and disadvantages, and their advantages (for example) the preparation and graduation of men with efficiency policy and sophisticated and able to conduct the affairs of state, and its flaws it may affect public opinion adherence to rob him and freedom of expression.

Iegislative authority of executive pranch and its possible implementation in the 2005 Constitution of Iraq

2019-05-05T06:21:18+00:00

This study present the matter of the delegation by the legislation authority Of some suretions and which granted by the constution for the executive authority through as the scholars called (legislation authrization) marring The legislation mutual mission between both of legislation and executive Authority specially when all main organs in the state used to be seprat and each of them perform distinct function of powers :which save the legislative Authority important role to issuaree laws in considretion the malere of laws it’s the moin of legislative authority.

But this facts have been changed because of rapidly development and other reasone refected on both organs(legislation and executive) now days the role slative authority seems to be dimishe and the increasing of the executive authority role to interfere and taking on its behalfe the legislative power as lorg as her role exrated in different filed to organize .all of that its because the excutive atilily finding quick some time to the excting problem for that the role of excutive beig complementtry to the legislation.

The provisions of international law in protecting the marine environment against pollution by unclear radiation

2019-05-05T09:07:09+00:00

This research deals with the provisions of international law to protection the marine environment against the nuclear radiation pollution. With the development of human community in all fields, including the use of nuclear energy in peaceful and non-peaceful areas and the resulting waste, and this waste and landfilled in the marine environment and their negative impact on living organisms and non-living and the role of this rules and international regional conventions that seek to reduce and prevent pollution of the environment with astatement of liability provisions international entailed by the state in the case of so doing environmental damage.

Crime of persecution of minorities in public international law

2019-05-05T10:13:55+00:00

The Minorities of integrated international fabric , it is The intellectual and cultural diversity in The community , Which draw attention to the need to protect their rights, embodied in the international covenants , those covenants have protected those rights byand omitted the other hand , prompting some states or violation of terrorist group, their basic rights.

The standard of excellence for other Hzhajerimh very cary ful which led us the need important statement of our findingssms and address mechani to combat the crim of persecution by highlighting the international and national commitment combat this crime and the short comings in reducing

Electronic payment service contract in Iraqi law

2019-05-05T10:25:03+00:00

E-payment is one of the most important aspects of interference the modern means in communication business. The scientific and technological development has casted its shadow on commercial activities in general and banking in particular. Electronic payment service is an agreement between two sides. One of them offers electronic payment services such as the diverse bank cards, electronic instruments, and electronic transferring banking to the second party for a fee. Because of the recent emerged electronic payment methods in Iraq, and the Iraqi legislator has regulated some of its stipulations. This research focuses on study of electronic payment service contract, its concept, its nature, the fact of the relationships arising with it and the inwardness of the both sides' obligations. In addition, it is to clarify the most important terms such as the obligations of both sides and the penalty consequent on infraction a term of the contract by one of them.Keywords: Contract - Service - Payment – Electronic.