Suchergebnisse

Abstract. In the article the authors analyze the scope of the American Law "on combating terrorism andproviding justice to victims of terrorism and other purposes", its international legal, political and economic consequences in the context of International Relations. The authors conclude that the concept of functional immunity, according to which a foreign state enjoys immunity only when it performs sovereign functions (actions of jure imperii), if the state commits acts of a private nature (actions of jure gestionis), it does not enjoy immunity, continues its development in international relations. The adoption of legislative acts concerning jurisdiction of national courts of foreign States to foreign countries can lead to negative legal, political and economic consequences, but can also be a tool of political pressure and struggle. The compensation of victims of terrorism is in conformity with the purposes and purposes of the United Nations, since this compensation is intended to protect human rights and put an end to their violation, especially as human rights are one of the most important purposes of the United Nations, as stated in thesecond preambular paragraph of the United Nations Charter.Key words: terrorism, jurisdiction, state immunity, JASTA, international law, international custom, Victims of terrorism, Compensation.

Abstract. In the article the authors analyze the scope of the American Law "on combating terrorism andproviding justice to victims of terrorism and other purposes", its international legal, political and economic consequences in the context of International Relations. The authors conclude that the concept of functional immunity, according to which a foreign state enjoys immunity only when it performs sovereign functions (actions of jure imperii), if the state commits acts of a private nature (actions of jure gestionis), it does not enjoy immunity, continues its development in international relations. The adoption of legislative acts concerning jurisdiction of national courts of foreign States to foreign countries can lead to negative legal, political and economic consequences, but can also be a tool of political pressure and struggle. The compensation of victims of terrorism is in conformity with the purposes and purposes of the United Nations, since this compensation is intended to protect human rights and put an end to their violation, especially as human rights are one of the most important purposes of the United Nations, as stated in thesecond preambular paragraph of the United Nations Charter.Key words: terrorism, jurisdiction, state immunity, JASTA, international law, international custom, Victims of terrorism, Compensation.

The objective of the article is to analyze the legal basis for interaction between local and state authorities within the framework of the current constitution of the Republic of Iraq. At the methodological level, documentary observation was used. In recent years, after the transition to a new political regime in Iraq in 2003, many issues relating to local administrations and their interaction with state bodies have been identified and enshrined in the Constitution of the Republic of Iraq in 2005. Some of the most serious problems are the lack of a clear organization of relations between government bodies and local governments, the efficiency problems of the various authorities, as well as the lack of flexible solutions in legislation and the Constitution. The need to solve these problems is often manifested at all levels. At the same time, we find no real decisions that do not cause popular discontent in all Iraqi provinces, especially in Basra province. It is concluded that relations between regional and national authorities are mediated by the presence of bureaucracy, financial and administrative corruption administrative and political conflicts between political parties.

The aim of article was to discuss the philosophy of private deterrence under Iraq's penal code. The methodology adopted was the inductive approach, which helps to extrapolate legal texts with this study and the jurisprudence of legal jurists. The Legislator applies to the threat with punishment the harm and pain that will be inflicted on them if the crime is eaten by law, what is known as public deterrence speech. For its part, the special deterrent will be responsible for reforming the meaning and morality of the offender, following various means provided by the legislature and designing a method of education of the deprived of liberty, allowing them the voluntary work determined by the conditions of each penance conditions or even by the subsequent formal and informal reintegration mechanisms of ex-convictions. It is concluded that these methods and others can contribute significantly to the achievement of the deterrence objectives, which is to reform and evaluate the offender's conduct according to criminal gravity on a case-by-case basis.