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Legal Nature of the Central Criminal Court

In this paper, we discussed the legal nature of the Central Criminal Court with two demands: the first relates to the legal basis of the Central Criminal Court, and the second is related to the criminal justice system.

          With regard to the first demand, we have highlighted the stage after the change of the political system in Iraq in 2003 and the subsequent assumption of the US Governor for Civil Administration Affairs in the country and the issuance of a number of resolutions, including what we discussed in the first section (the first legislation No. 13 of 2003 ), Which included twenty-three sections, some showing how the Central Court was formed and the most important rules governing it.

In addition, we have referred to some of the defects of formality and some of them beyond the logical sequence of its sections and the non-standardization of terms with regard to the legal name of the court. We also referred to the substantive defects of the law, including the uniqueness of the administrative authority of the destruction authority by appointing and exempting the judiciary .

We then moved to the second section, which included (second legislation no. 13 of 2004), the most important of which was the transfer of the functions and functions of the government to the Iraqi Transitional Administration under the Iraqi State Administration Law for the transitional phase canceled under Article 142 of the Iraqi Constitution, We have identified weaknesses in this legislation, including the lack of a text on the formation of a central court of events.

In both sections, we have concluded that the legal basis for the establishment of the Central Criminal Court is Act No. 13 of 2003, repealed, and amended Law No. (31) of 2004 issued by the Coalition Provisional Authority in Iraq.

If we want to talk about the central court, we must define the type of judiciary (whether ordinary or special) that governs the legal nature of the central criminal court, so we had to show what The ordinary judiciary and this is what we mentioned in the first section under the title (ordinary judiciary), and the second section (special or exceptional judiciary), clarifying the views in favor of the nature of the court, whether ordinary or special court.

We then presented what we are going through as a researcher that the Central Criminal Court agrees with the courts of each jurisdiction to adjudicate certain types of crimes, but it differs from them otherwise, and we have reached the possibility of determining the legal nature of the Central Criminal Court as an ordinary court of natural jurisdiction, With its special competence, it is a specialized criminal court or a competent court, not a special or an exceptional one, explaining our opinion in this opinion.

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of Independent Guarantees

The guarantee has been known since ancient times as the most widely used personal guarantee, whether at the commercial or civil business level, internally and externally. However, it suffered from weaknesses from the point of view of creditors. In search of a safer personal guarantee, and based on contractual freedom, independent guarantees arose, starting with practice, followed by the stage of legislative regulation.

This type of new guarantees is based on the principle of independence. The independent guarantor, who is the debtor of the guarantee, is bound by a personal guarantee originating in the contract with the inability to adhere to defenses, which constitutes an advantage that tempts creditors, and the well-known legal

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Publication Date
Thu Dec 30 2021
Journal Name
Journal Of Legal Sciences
The Legal Nature of Investment Contracts

The investment contract that has a foreign element is considered amongst the contracts that have their legal and international economical weight, for what it represents in all countries’ economies, and achieving progress in many fields that investment has its effects on their growth and establishment as its at the centre of everyone’s attention. As well as that the variety in opinions and the presence of differences in the contents of these contracts, and the confusion between them and other international contracts, and the considerable interest jurists have in them have all led to not having a legal definition for them, as most definitions the describe them are more economical than they are legal, and the reason for that is that law

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
The Legal Nature of the Sports Sponsorship Contract

The sports sponsorship contract is one of the most important contracts concluded by sports institutions in order to obtain sufficient funding for the performance of its activities. Contract and its development.

This study dealt with the legal nature of the sports sponsorship contract by examining the extent to which some of the provisions of the named contracts apply to it, and then applying the provisions of which one will apply to it, by dealing with the contracts on the benefit such as the licensing contract, the deposit contract, and the contracts on work such as the work contract and the contracting contract.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Criminal Penalties against individuals and the problems of execution according to the basic system of the international criminal court

The international community has  sought to establish a judicial institution that works to apply the law fairly، as a result of a necessity dictated by the circumstances of the international community، and Because of the great violations against humanity in times of peace and war، and in order to establish the parameters of international criminal justice between all societies and countries، this necessity resulted in the idea of ​​establishing an international criminal court . A court that enjoys independence and impartiality  exercising  its international jurisdiction according to legal procedures to suo any one  accused of committing an international crime in to inflict Penalties against him or her، whether

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Publication Date
Wed Oct 07 2020
Journal Name
Journal Of Legal Sciences
The legal nature of nullity in a period of suspicion

Represents the period of suspicion period between start date stop payment and date of issuance of the rule of bankruptcy, and that behavior performed by the merchant debtor in this period is the behaviors suspicious. Once to stop the merchant debtor to pay its debts makes his action marred by disorder. as it may harm creditors or a preference for each of other because it feels along of bankruptcy or it may oversaw  so distrust legislator of his action in this period which is the most dangerous periods and most dangerous on creditors , the legislator stipulated that action issued by the debtor during this period should be null void the aim of the legislator is to protect the creditor community and that the non-exhaustion of the dispo

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Publication Date
Thu Aug 31 2023
Journal Name
Journal Of Legal Sciences
The Legal Subjectivity of the Iraqi State Council’s Fatwa in Disputes of a Financial Nature

The state council has gone through many development an stages in view of disputes in all its forms.

Whether of a financial nature or of an administrative nature it is within the jurisdiction of the ordinary judiciary to a specialty jurisdiction between the ordinary and administrative then to a general and comprehensive jurisdiction to the judiciary and to get to the corridors of this facts.

And to stop on the jurisdiction of the state council in settling disputes of a financial nature it should be determine what those conflicts are by defining it and then defining what falls within its competence of the state council or otherwise settled.

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
Methodology of criminal judiciary in developing the legal rule

Every mental action has a clear approach resulting from a sequence of thinking towards the goal to be achieved, and in order that the legal rule - to be developed - finds its acceptance by the highest degree criminal courts, and in order that it is adopted by the legislator, the criminal judge should adopt a certain methodology that matches his work. The developed judge is the one who keeps trying to harmonize the text with the new reality, and by doing this he may oppose the direction of the higher courts, but he convinces them through all the mental procedures and processes to show a “truth” on which the best solutions can be built.

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Publication Date
Thu Aug 03 2023
Journal Name
Journal Of Legal Sciences
Rooting Governance and its Legal Nature

Tax governance is a set of legal means that directs the tax administration to deal in good faith with taxpayers based on transparency, integrity and accountability while ensuring the achievement of tax justice and works to introduce advanced means by which it deals with all stakeholders.

      In this study, we try to explain its rooting and legal nature by shedding light on the position of some international organizations and their internal legislation in the context of public finance.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Referral and Prosecution Authority before the International Criminal Court According to the 1998 Rome Statute

The ICC is a reclining judicial body that punishes ordinary persons for crimes committed and falls within its jurisdiction in accordance with article (5) of the Court's Statute: crimes of extermination, war, aggression, and crimes against humanity. This gives the international community the right as affected by these acts to initiate criminal proceedings to punish the perpetrator. However, this right has not been left so and without regulation, but has been enshrined in the Rome Statute - whether with regard to those who are qualified to exercise this right, or with the restrictions to which it responds, requiring the ICC to exercise its powers to take some previous actions in contact with the Court in connection with the case, the most

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Publication Date
Fri Sep 02 2022
Journal Name
Journal Of Legal Sciences
Standards and the legal nature of the adjudication of the validity of Parliamentary membership

            The question of challenging the validity of the parliamentary membership of some members of the House of Representatives in some parliamentary systems will appear for many reasons, including the failure to observe constitutional or legal texts or the regulations organizing the electoral process that are intertwined in its procedures and stages, such as the lack of conditions for nomination that were organized by law to allow the nomination for parliamentary membership or marred defects The procedures of the electoral process led to the demolition of its integrity, which guarantees the selection of the parliament that is able to delegate to the real author

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