Volume 4, Issue 0, Winter 2012, Page 6-304


The principle of judicial independence and impartiality of the judge in front of the Supreme Iraqi Criminal Tribunal - a comparative study with the international criminal justice -

yahea hmood mrad; mohammed ali salem

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 6-19

That the principle of independence of the judiciary of great importance in achieving a fair trial, so keen legal regulation of the Iraqi High Tribunal on the provision of this principle both in terms of incorporation or in terms of the method of selecting judges, it is where the incorporation notice that the Court has been established by the legislative authority under the law No. (10) for the year 2005, while the international courts of criminal has been established by the United Nations, and the method of selecting judges, has taken the law the Iraqi High Tribunal system of appointment and mandate, while taking the Statute of the tribunals for Yugoslavia and Rwanda, the system of appointment and election, and he followed the StatuteofthePermanentInternationalCriminalCourt,theelectionsystem.
The Law of the Iraqi High Tribunal that the available set of conditions in the from address to the task of the judiciary in court to ensure impartiality, as well as the conditions stipulated by the law of judicial organization Iraqi number (160) of 1979 as amended, also confirmed the law of the court the importance of the oath of office and committed judges on the oath form section by direct their work, while the statutes of international courts of criminal stipulates that sworn legal form of undertaking, and also addressed the legal regulation of the Supreme Iraqi Criminal Court cases of disqualification of judges in a manner may seem similar to the provisions of the statutes of international courts of criminal.

Regional administrative decentralization in Iraq - a study in overlapping jurisdiction and control -

esmel sesah

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 20-49

The regional administrative decentralization in Iraq – Study of the interference of specialization and monitoring
The decentralization regional / administrative is conceived as one of most important of administrative organization to the modern state.
This method may be realized through the participation of the administrative units with the central authority, In the regional authorities exercise.
The domination of the central authority to manage the national other affaires concerning all the citizens , impose upon the legislator a kind of equilibrium among the regional affaires that are related to the population, and the national affairs.
This study reached the following results :-
_ The administrative decentralization represents one of the administrative ways because it combines with the other functions of the central authority, or the ((PCs)) provincial councils. The administration decentralization differs from the political decentralization due to :
- the dependency only on the administration function while the second depends on the essential duties of the state ; legislative , executive and judicial.
- The duality that is existed among the executive and the judiciary tasks, of the federal and regional governments.
o Islam.

Intellectual and legal controversy about the death penalty

amar abass kadem

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 50-66

The research addressing intellectual debate based on the most sanctions and the most dangerous and the most, namely the death penalty. This penalty, which focused on the lives of condemned which finishes it. Therefore, we find that opinion idiosyncratic "when commentators law and other" different upon between the supported various arguments is security notably deterrence and reduce crimes, while denied and rejected others under various pretexts notably great compassion and humanity alleged as well as despair of reform the criminal and stir hatred when his parents and other , and this difference between the retention of the death penalty and its abolition was not limited to the controversy intellectual, but also included trends legal legislative split between doctrines various notably from guarantee this punishment and those who abolished and those who disrupted virtually no kept in the legislation and disallowed them and declined to apply. With all of the above, the death penalty - we have - legal and social necessity needed to achieve justice and punishment of social justice which disrupted because of crime, especially in crimes of murder and terrorist crimes and the like.

Tax free template

ahmed kalf hussen

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 67-90

Taxes of the free template is a type of tax may leave the legislature determine the elements of a material element of the hand other than the legislature. And that evolution, which hit this principle of legal tax result of the progress of scientific and technical enormous In order to keep pace with this progress and to alleviate the crisis that plunged the tax base of rigidity and ignore the role of the executive branch in matters tax and the lack of proportionality between the tax and the estimated adaptive holders, Lovers that the emergence of another type of tax are the taxes of the mold where the heat leaves the legislature a tax elements of the legal form as the authority on the other hand the executive or the judiciary or even the provisions of Islamic Sharia, or to custom, or other sources of law to determine other features. Has formed a tax-free template of the first image of the taxes in ancient times in the West and East alike, but the emergence of the state legal faded to give way to the taxes of the selected template and resulted in the development in the current era to pairing between the two pictures.

Legal protection of undisclosed information

darek kadem ajel

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 91-113

Nowadays, undoubtedly information plays a vital role in the modern legal studies its modernity as new phenomenon in the modern societies and its unsurpassed importance in the economies of the developed countries.
The research deals with the undisclosed information which is a modern category of information and rarely studied by the legal UAE and Iraqi literatures. The researcher has dealt this subject according to new research plan ,consisted of innovative ideas that suitable from the legal point of view for this kind of information.
Moreover the researcher proposed new solutions for trade secrets compatible with the Iraqi modern Patent Law No 81 , 2004.
The research plan is divided into three parts: the first dealt with the concept of trade secrets, the legal conditions of these trade secrets and the kinds of trade secrets.
Whereas the second dealt with the legal protection of trade secrets and the legal basis of this protection.

Competence in sexual conflict in Iraq - a comparative study -

thamer dawood abod; hasan ali kadem

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 114-142

Countries vary in terms of giving the specialization in nationality disputes in two trends ، The first trend is going to give specialization to the administrative authority within the State In terms of withdraw nationality of the individual or garnets it to him . The second trend gose to grant such specialization to the judiciary because it’s the general authority power of the State .In this latter trend arises the problem of dual nationality judiciary. Is it the ordinary judiciary or the administrative judiciary which specialty in the nationality disputes ?
In order to shed light on the issue of specialty disputes of the nationality I found it necessary of address this in my research، which has necessitated the study. I explained in two chapters. First make clear the specialty of the administrative authority in nationality disputes ، and divided into tow approaches ، I explain in the first one specialty of the administrative authority in nationality disputes ، and the second refer into the disputes in terms of being of sovereignty act or not . The second chapter I explain in it ، the nationality disputes in the judiciary authority and I would divided in tow approaches the first one deals with types of nationality disputes and the second about double nationality problem . Then the conclusion included the most important research results and proposals that I recommend .

Definition genetically engineered organisms and legislative position - a comparative study -

adnan hasem jawad

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 143-171

The use of modern bio-technology Recombinant DNA Technology for the production of food and food ingredients is a very important subject is the axis of the important topics of interest world-wide scientists and policy makers at the national and international producers and consumers. And genetically engineered food or as called (amended, modified, genetically), and symbolized by GMOs, is the new term started hammering our lives a decade ago and is suggesting that food produced from plants or animals, the latest in a change in the genetic material which is denoted by DNA (enter Jane stranger or more) of another organism on the genotype of the object to be improved and genetically engineered to produce a recipe (or recipes), and new genetic useful for the organism such as resistance to biological conditions or environmental inappropriate, or to increase the protein components or oils or fruit quality in the plant and this modification applies to animals, such as increasing the amount of meat or eggs or milk or wool of animals and fish as well as hybridized and genetically 0
This rapid pace in the development of modern bio-technology has opened a new era in the production of new objects that may have negative effects on the environment and public health

Corrupt decade in Islamic jurisprudence and civil law

adel shemran hamed; esra fahmi naji

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 172-193

The depraved contract considers as an important subject injurisprudences of lslam especially in Hanafy school who invented rules and results the idea of depraved contract is to lessening the nullity contract and respect the will contractors especially if the contravents are not fundamentals that means are not related with pillars of contract but with some of out cgaracterization some civil law adopted the organization of depraved contract but they did not organize it accurately like lslam jurisprudences lt should be mentioned that research will explain muslim legists opinions and the best one by lslam resources moreover the rules in civil laws the similarity and in similarity of rules which accepted by muslims legists about depraved contract .

Political moderation in Islam

khaled eleoi jead

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 194-218

In the beginning of the third millennium the human societies had Witnessed the growing feelings of religion as a kind of self-protection and the preservation of collective identity. And these feelings are clear in the Islamic world through the rise of the forces of political Islam to power in a number of countries, or near of this goal in other countries, with the escalation of fear from the deviation of these forces from the right track and fall as a victim of religious or sectarian conflict. This requires invoking the humanitarian aspects of our religious culture to adjust the forces of political Islam, and help them to build a modern civil state, and from these aspects is the approach of Islamic political moderation which the holy sources of Islam had shown what are its basic elements , its conditions, its appearances and its applied controls and which in the case of observance will help the Muslims to build systems of government are valid to accommodate all its citizens and provide them with a good basis of protection and guarantees of their rights and freedoms. In the case of not taking this approach the political life in Islamic countries will falling into the trap of fanaticism and extremism , so they will also lost the rights and freedoms of their citizens under the weight of political despotism and weaknesses of community, and close the channels o dialogue between different cultural componentsTherefore, to pass this dark fate we should make the moderate political approach as a basic of relationship between Muslims and other communities to raise error and distorted photos that attached to Islam.

Federalism in the Iraqi constitution reality and future after the U.S. withdrawal

essra alla al deen

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 219-239

The application of federalism in Iraq depends on the necessity to provide a wide and clear identification for the proposed federal system so that the majority of the Iraqi people may reach an individual convince towards the type of the applied federal system that accommodates the Iraqi diversity. However ,this needs a wide development for the governmental institutions, holding conferences and workshops that aim to disseminate the culture of democracy and ethnic diversity .It is also needed to make the constitutional procedures that guarantee the unity of both the territory and the people of Iraq as well as assisting the rights for the citizens of the regions to identify the administrative relationship between the capital and their regions in such a way that recognizes the limits of coordination between them

Join the first

ali shaker

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 240-257

first resisted that the important matter in legally field in this time with obtaining lives 0 the basic of my research treat with Iraqi lands unregisted officially who w owner these lands and what conditions for registed and what laws and executive laws treated this problem0

Provisions of positive mail

waood kateb

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 258-269

The world wide web has been considered one of the most important kinds of the new methods communications.because the many services which it presents to people .the possible of sanction of commercial contracts is one of these services From here the commercial contracts is one of these services.
This search related to the electronic offer So we search this object in three parts . the first part relate to ( what about the electronic offer) and the second part relate to the conditions of it . and the third part relate to the kindes of it .

Compensation for damage assessment audio-visual media

enas hashem

Risalat al-huquq Journal, 2012, Volume 4, Issue 0, Pages 270-304

Abstract:-
Liberty of opinion is considered one of divine graces towards man kind . It is one of fundamental and important pillars to democracy and freedom . It is not practiced except through information channels and media means Technical development, each as space channels, a world communication network or internet ,leads to non-restriction of information resources to traditional means of communication , such as newspapers and magazines ; but it becomes easy by an individual's aptitude to take cognizance of what he likes; information through other means such as television or internet Because of media development , offence cases have increased: violation of seclusion of one's reputation or libel , aggression upon the right on portrait and causes much damage to all of them .