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The origins of the legislative drafting of the penal procedure rule
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The legal structure of the criminal procedural rules consists of two elements: the first is substance or substance and is the primary material of those rules. It is the values ​​which the legislator aims to protect in order to achieve the desired interest. This can only be done by putting that content or substance into molds that can be applied By legislative drafting of legal rules and this second element, in which the legal construction of legal norms is completed and the final form of the legal rules becomes applicable and the legislative formulation conveys the essence of the rule of law From the static theory to the practical situation. and for the purpose of achieving the purpose for which the legal basis was found to be followed the principles of the legislative drafting of the legal rules and according to the procedural criminal policy followed by the legislator, as the legislative wording varies according to the authority or right granted by the legislator to the perpetrators of the rule of criminal procedure , The wording of the legislative form is divided in terms of style into rigid formulation and flexible formulation, and the method used in drafting may be material or moral. Therefore, we discussed the origins of the legislative drafting in the procedural rules in the Iraqi Code of Criminal Procedure, with some shortcomings in the formulation of its rules, and it was found that the Iraqi legislator has taken various legislative drafting methods.

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Publication Date
Wed Jun 15 2022
Journal Name
Journal Of Legal Sciences
Proposed Legislative solutions to Adopt the Community Service Sentence in the Iraqi Criminal legislation Comparative Study
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The community service in its various forms topped up the alternative short term custodial sentence in some crimes, and experience has shown the success of this alternative in sparing the convicted negative effects of custodial sentences in all social, psychological and even economic aspects and on the other hand addressing the problem of overcrowding prisons. This penalty consists of requiring the convicted person to work certain hours in specific areas and within a certain period determined by the legislator. Through comparative analytical studies between Western and Arab legislation, we found there are such major differences in the ways in which [community service] has been worked out that it is impossible, indeed irresponsible, to tra

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
The Legislative Balance between Stability and Sustainability in the Labor Market : A Study of the United Arab Emirates Legislation
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The Emirati Labor Legislation is one of the most effective legislations in its response to the developments and variations of the labor market, an effectiveness attained through emphasizing the necessity of workers’ efficiency reinforcement and through conserving and supporting skilled labor. It is however necessary to maintain balance in labor relations, to achieve equal opportunities for workers, and to ensure their rights, especially the citizens. The United Arab Emirates is actively seeking to support national talent by applying the Emiratization Policy, which is one of the State’s most prioritized concerns. This Policy entails achieving a balance between the labor relations’ stability and meeting the labor market’s requireme

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Perjury of the constitutional oath by the President and members of the legislative authority - Comment on the decision of the Federal Supreme Court No. (9 / Federal / 2023) on 11/14/2023
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اصدرت المحكمة الاتحادية العليا قرارها بالعدد (9/اتحادية/2023) في 14/11/2023 والمتضمن الحكم بانهاء عضوية النائب ( ل.م.ح.د) وعضوية رئيس مجلس النواب (م.ر.ح) اعتباراً من تاريخ صدور الحكم في 14/11/2023 في قضية تتخلص وقائعها قيام النائب ( ل.م.ح.د) باقامة دعوى ضد رئيس مجلس النواب (اضافة لوظيفته ) حول قيام الاخير باستخدام طلب للاستقالة قدم من قبله بتاريخ 7/5/2022 اثناء الدورة النيابية الرابعه تحت الضغط والاكراه لاسباب سياسية ، ولم يتخذ رئ

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Publication Date
Fri Jun 01 2012
Journal Name
Journal Of Economics And Administrative Sciences
Public Budget and the Roles of Legislative and Executive Power Regarding It with Reference to Iraq)2004-2011)
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The public budget is regarded a main tool for economic and social development. The preparation of the public budget constitute an important stream which enriches the developmental efforts and the definition of its priorities, therefore it is the focus point of many specializations. The public budget has numerous functions. It is a means to precise and to execute the political and economic goals of the executive authority, a mirror of the economic structure which reflects its strength and weakness points, specifies its revenues and others. Since the parliament is the voice of the society which expresses its interests, then, it must monitor the performance of the government so that the participation of the legislative authority in

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Publication Date
Sun Sep 01 2019
Journal Name
Journal Of Legal Sciences
Procedural protection for the disabled
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The increase in the number of people with special needs in general, and especially the category of the disabled, whose numbers in the communities reached about 10% - 15% (900 million disabled people in the world, on the other hand, the confirmation of constitutional texts and international conventions and domestic legislation to approve The study deals with the most important aspects of legal protection, namely, penal protection, in its procedural form. This study deals with the extent of its adequacy and its suitability to the disabled entity, which represents some of the shortcomings of its functions in contrast to its normal hypothesis. In other words, In the case of being (Jana) in the crime in view of the guarantees that a normal pe

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Publication Date
Thu Oct 18 2018
Journal Name
Al–bahith Al–a'alami
The Pressures Affecting the Performance of Iraqi Media before the Legislative Elections of 2018 (Iraqi Satellite News Channel- as a Model): A Survey Study  Dr.Safad Husam Hammody
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The modernity of election practices of the elections in Iraq, according to the democratic approach, has led to a struggle between political rival forces reflecting a deep pressure on the tools involved in the management, marketing or control of these elections across the general social level. Hence the problem of research resides in answering the following question: What is the nature and size of the pressures affecting the media performance of Al-Iraqia News channel before the legislative elections of 2018 in Iraq?
      The objectives of the research were the following:
1. to identify the nature of the pressures that limit the Al-Iraqia News channel’s perfo

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Publication Date
Sun Sep 15 2019
Journal Name
Journal Of Legal Sciences
Provisions of the uncertain fate of the Penal Code
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Under the provisions of the old penal laws were criminal responsibility collectively If someone commits murder of the tribe was the victim belongs to another tribe was wasting his blood as a murderer and have each person of the tribe personally responsible for this crime. If it does not contribute to it or did not know, however, committed to achieving voices calling goodness and justice demand soared to impose punishment on the person who is connected to the crim.

The French Revolution and its leaders credited with establishing the principle of personal punishment and responsibility in contemporary penal laws did this concept is limited to the advancement of the criminal liability of play a role in the commission of the crime, bu

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Publication Date
Thu Oct 30 2008
Journal Name
College Of Islamic Sciences
The rule of leading the boy in prayer
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God Almighty has imposed on us obligations and set limits on us, and among these obligations is the prayer, which is considered a pillar of Islam. And recently on the statement of its importance, and through extensive explanations, they elaborated on the statement of its pillars, its obligations, its Sunnahs, its rituals, and its bodies, and it is known that the imam in prayer is an important part of the parts of prayer. Whoever assumes this responsibility must be aware of these conditions, the most important of which is jurisprudence in religion, and there has been a disagreement between the jurists, especially the owners of the four schools of thought, about who is qualified to lead the imamate, and this is within many and wide details

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Publication Date
Sat Dec 15 2018
Journal Name
Journal Of Legal Sciences
Effect of marital relationship In the Iraqi Penal Code
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Marital relation has a great effect on man’s life in general, because it is the legal frame for establishing a rightful legal family, This relation  also has its great effect and importance in laws in general and the Criminal Law in particular (substantive and procedural). As for the scope  of the sustentative rules (under study); it deals with the rules which organize incrimination and penalty in which  the state organizes the right of penalty and put forth the boundaries between what is prohibited and what is permissible and codify the appropriate penalty  specified by the law in case of breach.

The study we examines, in two sections, with the effect of the marital relation from the substantive perspective

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Publication Date
Mon Dec 23 2019
Journal Name
Journal Of Legal Sciences
The social effects of the legislative omission: دراسة مقارنة
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The effectiveness and quality of legislation depends on the extent to which they respond to the political, social, economic and moral reality. The quality of the legislation is not limited to professional drafting, accuracy, clarity, comprehensiveness, accessibility and understanding, but also depends on the reality of this legislation and its acceptance and application by those who are addressed to them. Therefore, any shortage or deficiency in these legislations would make these laws separate from the reality and enter into the circle of legislative alienation. In this study, we tried to focus on the social effects of the legislator's failure to organize all the necessary aspects of the effectiveness of rights or liberties subject of o

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