8/27/15
Based on what passed the House of Representatives and approved by the President of the Republic and based on the provisions of subsection (I) of Article (61) and item (iii) of Article 73 of the Constitution, issued the following law: No. () of 2015 political parties law, the first chapter Syriacs, definitions and goals Article 1 This Law shall apply to political parties and organizations in Iraq.
Article 2 means the following expressions have the meanings set against which for the purposes of this law:
First, the party or political organization: Humajmuah from the Organization of citizens under any name on the basis of principles and common goals and visions seeking to gain power to achieve its objectives democracy in ways that do not conflict with the provisions of the Constitution and the laws in force.
Second, the trial court: (judiciary for the elections) formed under the Independent Electoral Commission Act No. 11 of 2007 average.
Third, the Department of parties: Affairs Department political parties and organizations in Independent Electoral Commission and attached to the Council of Commissioners.
Article 3 of this law is aimed at the following: First, the organization of the provisions and procedures relating to the establishment of political parties or organizations and activities.
Second, the principle of political pluralism and the party or political organization based on constitutional legitimacy.
Third, to ensure the freedom of citizens to establish political parties or organizations, and to join or withdraw from it.
Chapter II the basic principles of Article 4 First: Citizens, both men and women the right to participate in the establishment of party or political organization or affiliation to or withdrawal from it.
It is not permissible to force any citizen to join any party or political organization or force him to continue with it. Third, may not be that any citizen belongs to more than one party or political organization at the same time.
Fourth, for those who may belong to any political party or organization attend party or other political organization, provided that the end of its membership of the party or political organization which was formerly a member of it.
Fifth: The distinction may not be a citizen or exposure or accountability or compromising constitutional rights because he belongs to a political party or organization founder accordance with the law.
Article -5- First, establish the party or political organization on the basis of citizenship and not inconsistent with the provisions of the Constitution.
Secondly, may not be the founding of the party or political organization on the basis of racism, terrorism or atonement or sectarian intolerance or ethnic or national.
Third, it prevents the establishment of the party or political organization that adopts or promotes thought or approach the dissolved Baath Party.
Article 6. Party adopts or political organization of democratic mechanisms for the selection of the party leaders or political organization.
Article 7 Each party or organize its Ssayasasmh distinctive and logo to him should be the full name of each party or a political organization, acronym, name as well as the distinctive logo has a different those belonging to parties or former political organizations and registered under this law.
Chapter III provisions of the incorporation of Article -8- required for the establishment of any political party or organization as follows: First: Do not opposed to the party's principles, political or objectives or programs with the Constitution organization.
Secondly, have a party or political organization of his own for the purpose of achieving his goals.
Third, should not be the founding of the party or political organization and his work taking the form of military organizations or paramilitary, and not allowed to engage in any armed force.
Fourth: not to be among the founders of the party, political or leadership organization or members of proven virtue is his calling or participate to promote in any way of openness to ideas do not conflict with the provisions of the Constitution.
Article 9 is required in the founding party or political organization to be -: First: Iraqi nationality.
Second: Complete the fifth and twenty years of age , and enjoy legal capacity.
Third: He holds a college degree primary or equivalent.
Fourth, is doomed to virtue has become a competent court for the crime of murder or crime involving moral turpitude or crimes of terrorism or financial corruption, administrative or international crimes and is not covered by the procedures of accountability and justice and Not belonging to a party or political organization Baath rank of Full Member or above.
Fifth: non-belonging to the membership of party or political organization other time of incorporation.
Sixth: not to be members of the judiciary and the Integrity Commission and the Independent High Electoral Commission and the Supreme Commission for Human Rights and members of the army and Internal Security Forces and the intelligence service and who belonged to the party or political organization to choose between resigning from the party or political or employment regulation in the entities mentioned above.
Article -10- Whoever belongs to the membership of any party or organization politicians have: First: Iraqi nationality. Second: Complete (18) eighteen years of age and enjoy legal capacity.
Third: not to be members of the judiciary and the Integrity Commission and the Independent High Electoral Commission and the Supreme Commission for Human Rights and members of the army and internal security forces and the intelligence service and national security, and not to be covered by the accountability procedures Justice and from belonged to the party or political organization to choose between resigning from the party or political or employment regulation in the entities mentioned above.
Chapter IV registration procedures Article 11 is required for the establishment of any political party or organization subject to the following:
I. The application for incorporation in writing signed a representative of the party or political organization (for registration) to parties circle or accompanied by political organizations list of the enterprise body that at least the number of its members (7) seven founding members and accompanied by a list of not less than (2000) two thousand members from various the provinces, that is taking into account the women's representation.
Secondly - attached to the application of incorporation of the following documents: a: three copies of the rules of procedure of party or political organization and political program.
b: provide parties representing ethnic ingredients (minorities) List B (500) Member captions founder the party or political organization.
A: List of members of the institution body enhanced personal Bhetwaqaahm and certified by a notary.
d: A certified copy of the identity of the Civil Status and card housing Each member of the Commission institution or any document be replaced by a law. e: pledged in writing to open a bank account the party or political organization during the thirty (30) days from the party considered or political organization metaphorically.
And: -1- copy of the newspaper precedents each founding member sent by the Ministry of Interior / Department forensic evidence or the Ministry of Interior in the region for the residents of the region, and the national body was Supreme Accountability and Justice at the request of the parties department or political organizations during a period not to exceed thirty (30) days from the establishment application date confirms the absence of his newspaper from any judicial judgment was for the crime of murder or crime involving moral turpitude or crimes of terrorism or financial corruption or administrative, or encompassing measures of accountability and justice.
-2- in the case of non-receipt of the Department of parties or political organizations to newspaper precedents for each founding member during the period mentioned is considered acceptable incorporation request conditional admission.
Article -12- First: If there is a lack of formality or substantive defect in the request for the establishment procedures an applicant to complete these actions within a period of thirty (30) days, and otherwise is a demand rejected.
Second, aggregated parties circle or political organizations registration fee of $ (25 million) of five and twenty millions dinars.
Article -13- First: Tibet parties circle or political organizations request for incorporation within a period not exceeding (15) fifteen days from the date of consideration of the application, otherwise the application is considered acceptable. Second, it is the party or standing political organization after the approval of the parties department or political organizations and the endorsement of the Board of Commissioners and published in two local newspapers.
Article -14-First: the Chamber's decision to accept or reject the request of the party establishment or subject to political organization to appeal from any interested party before the trial court and within (15) fifteen days from the date of publication.
Second, the trial court shall decide the appeal within (15) fifteen days from the date of receipt of appeal .
Third, in the case set aside the trial court's decision parties circle or political organizations be required to consider it again. Fourth, decisions issued by the trial court may be appealed before the Supreme Federal Court during which thirty (30) days from the day of notification decision in accordance with the provisions of Procedure Code Civil No. 83 of 1969.
Article -15- A challenge to the decision of the trial court to the Federal Supreme Court and met a fee of (500,000) five hundred thousand dinars, and is to decide on the appeal of urgent matters.
Article -16- First: The party or political organization valid from the date of the Federal Supreme Court ratifies the decision of the trial court.
Secondly, if the Federal Court overturned the decision the case returned to the trial court to judge the case again in accordance with the requirements of the Federal Court decision. Third, it published the Federal Supreme Court's decision to ratify the decisions of the trial court in the Official Gazette.
Article -17- First: create a circle called) circuit parties, affairs or political organizations (within the organizational structure of the Independent High Commission for Elections and attached to the Council of Commissioners directly headed by a rank of director general with experience and integrity and competence obtained a graduate degree in law or political science and includes a sufficient number of staff.
Second, specializes parties circle or political organizations, including the following: a-issuance of the license parties or political organizations.
(b) submit a proposal to the Ministry of Finance's annual estimate the total amount of financial subsidy for parties or political political organizations.
(c) follow up the work and activities of political parties or organizations Political political and assess the extent of compliance and compliance with the provisions of the law.
(d) to monitor violations of the political parties or political organizations and investigated.
(e) to attend court hearings on issues related to parties or political organizations to the head of the party or his representative, and appeals before the competent courts.
(f) Move the complaints and suits against political parties or political organizations or any of its members in violation of the provisions of this law. Third, be parties circle decisions or political organizations and procedures regarding the implementation of the provisions of this law effective after the Board of Commissioners authentication.
Chapter V of rights and duties
Article -18- enjoy the party or political organization moral personality, legal and operates accordingly.
Article - 19. First, party chairman or political organization and as, according to the rules of procedure is represented in all matters relating to its affairs before the courts and other agencies.
Second, the head of the party or political organization and as be represented by one or more of the party leaders or political organization in its representation in accordance with its rules of procedure.
Article - 20 - First: the headquarters of the party or political organization all it is inviolable and may not be entered or inspected except by judicial decision and in accordance with the law. Second, documents the party or political organization and correspondence and means of contact with inviolable and may not be inspected or monitored, wiretapped, or disclosed except by a judicial decision and in accordance with the law.
Article -21- of the party or political organization the right to: First: to participate in the elections and political life in accordance with the law. Second, to meet and demonstrate peacefully in accordance with the law.
Article -22- First: the party or political organization issuing political magazine or more political newspaper, website and possession and use of means of communication all create to express his views and principles, according to the law.
Second, the editor of the newspaper or the party magazine head or political organization is responsible for what is published in them.
Article -23- First: the party or organization Ssayasalhak in the use of the media to demonstrate his point of view and explain the principles and programs. Second, move away to inform state agencies for discrimination between parties or political organizations in the use of the means to transport their views to citizens.
Article - 24 - the party is committed or political organization and its members, including the following: First, the provisions of the Constitution and respect for the rule of law.
Second, the principle of political pluralism and the principle of peaceful transfer of power.
Third, not compromising the independence of the state and its security and the maintenance of national unity.
Fourth: the adoption of the principle of equality and equal opportunities for all citizens at assume responsibility or participate in. Fifth: to maintain the neutrality of the civil service and public institutions and not to be exploited to achieve the party gain or political organization or the organization of their politicians.
Sixth: not to possess weapons and explosives, possession contrary to the law.
Seventh: to provide the parties circle or political organizations in any updates on his regime Internal political program and the names of the founding members and belonging when unchanged.
Eighth: Notification parties circle or political about his activities and his ties to parties organizations or political organizations, political organizations, non-Iraqi.
IX: Move the criminal case against any of its members when violating the provisions of this law.
Article - 25 - on the party or political organization in the exercise of its refrain from the following: First, the link organizational or financial in any point of non-Iraqi, or directing party activity or political organization on the orders or directions from any state external facets.
Second, to intervene in the affairs of other countries .
Third, cooperation with parties or political organizations which are prohibited by state or be a party or political organization or an outlet for other countries to interfere in the internal affairs of Iraq political organization.
Fourth, regulation and polarization party or political organization or organization in the ranks of the army and internal security forces and other security agencies and the judiciary and independent bodies.
Fifth: the use of places of worship and institutions of the state and including educational for the exercise of party activity or political organization or a political organization or propaganda for or against political organization, party or.
Article -26 - First: the party or political organization that maintains in its headquarters, including the following :
a: the rules of procedure to him.
b: Members log and record of party members names or political organization, including members of the Commission institution and belonging, addresses and places of residence.
c: record the decisions of the party or political organization.
d: record accounts and record of the party's income or regulation political and expenses.
e: log property, attesting to the party funds, movable and immovable political organization with their descriptions and numbers and Akiemha.
And: Any other records required by the Party's work or political organization.
Secondly, it is all approved by the party's records or a certified political organization of the notary department competent.
Article -27 - the head of the party and in his capacity or inform parties circle of political organization or political organizations of any decision issued by the party or political organization or a political organization or a political organization, dissolution or merger or any amendment to its rules of procedure and during the thirty (30) days from the the date of the decision.
Article - 28. First: It must be for each party or political organization internal system of its own political program it is by the party or political organization acknowledges by the General Assembly at its first meeting.
Second, the rules of procedure of the party or political organization includes the rules relating to the political, organizational, financial and administrative its affairs in accordance with the provisions of the Constitution and the law.
Third, the financial system of the party rules or a political organization and identify resources and the name of the bank where the funds the organization of the exchange and procedures shall be deposited, and the rules and procedures of the party accounts or political organization or a political organization or a political organization and how to be reviewed and approval and preparation of the annual budget and adoption, and aspects of their spending.
Chapter VI Alliance and integration
Article -29- First: the parties or Freedom Alliance political organizations with each other to form a political alliance.
Second: provide parties or a close alliance of political politically allied organizations to parties circle or political organizations for registration in political alliances record that the document contains the name and the distinctive emblem and the names of political parties or political allies and objectives of the Alliance and the pattern of organization regulations.
Article - 30. of the party or political organization to merge with any political party or other organization to form a party or a new political organization, is to follow the procedures for registration in accordance with the provisions of this law Chapter VII of political activity stopped
Article -31- each party or political organization in accordance with the rules of procedure: First, stop the activity.
Second: the self-same solution.
Material - 32. First: 1 - The Party may be a solution or political organization of the decision of the trial court At the reasoned request of a party department or political organizations in the following cases:
a - the loss of a condition of incorporation set forth in the articles (7) and (Cool of the Act.
b - carrying out any activity contrary to the Constitution
c - actively a he the nature of military or paramilitary.
(d) the use of violence in the exercise of his political activity
(e) the possession, possession or storage of military weapons or firearms or explosive materials or Mufrqah in headquarters or the headquarters of one of its branches or any other place contrary to the law.
(f) carrying out any activity threatening state security, or its territorial integrity or sovereignty, or independence.
2. Any interested party may file a complaint to the party circuit or political organizations against any party or organization Ssayaskhalv provisions of this Law Second: obscure subsidy from the party or political organization for six months at the request reasoned Department of parties or political organizations and based on a judicial decision in the case of committing one of the following: cases O.kiemh done which the attack on the rights and freedoms of the state institutions and political parties or other political organizations, trade unions, associations and NGOs.
B. Interference in the internal affairs of other States to the detriment of the higher interests of Iraq. Third, stop the activity the party or political organization for a period of six (6) months, based on a reasoned parties Department request or political organizations in the case of having received money from foreign bodies contrary to the provisions of this Act and replace the party or political organization in the event of repetition of the offense.
Fourth, the trial court at the request separated according to the above paragraphs of this Article within thirty (30) days from the date of its submission and the decision of the trial court may be appealed before the Federal Court.
Article - 33. Party funding sources include or political organization on: First, the contributions of its members.
Second, donations, grants the Interior.
Third, investment funds returns in accordance with this law Fourth, subsidies from the state budget under the criteria set forth in this law.
Article -34- of the party or political organization the right to own real estate to take the seat of his or Mrakza to its branches.
Article - 35 - First: the political organization and distribution are installed amounts subscriptions party members or used, including the rules of procedure and provisions consistent this law.
Second: Do not determined the total income of acquired from the contributions of members of the party or political organization a certain ceiling.
Article - 36 - First: Upon receipt of donation, is to verify the identity of the donor and recorded in the Special Voluntary record the party or political organization.
Secondly: The publication of a list of donors names in the party newspaper or political organization.
Third, prevents donate to the party or political organization of material goods or Cash stomach the amounts originally to gain the benefit of an illegal political party or organization or the donor.
Article - 37 - It is not permissible for the party or political organization that receives donations from institutions and public companies, self-funded, commercial and banking companies that are part of its capital from the state.
Second, prevent all donations sent from people or countries or foreign organizations.
Article - 38 - may not be the party or engage in business for profit political organization, except:
First: publishing, preparation and distribution of publications, publications or other propaganda material of political, cultural and flyers.
Second, social and cultural activities.
Third, bank interest. Fourth, sale and rent owned his property.
Article -39 - First: Filed party or political organization of his money in Iraqi banks.
Second, holding a party or systematic records of the accounts include the income and expenditure of political organization.
Thirdly : The party offers or political organization annually the accounts prepared by a licensed certified public accountant's office a report and submit its report to the Office of Financial Supervision.
Fourth: raise BSA final report on the financial situation of the political parties or organizations to the House of Representatives and the Minister and the Department of parties or political organizations.
Article - 40 - may not be the party disbursement of funds or political organization for non purposes and objectives in accordance with the rules and procedures specified in the rules of procedure of
Article -41 - the party or political organization refrain from the following:
First, to accept in-kind or cash from any party or political organization or association, organization or person or any foreign entity without the consent of the parties department or political organizations.
Second, send money or payments to associations, organizations or to any foreign entity without the consent of the parties department or political organizations.
Article - 42 - receive parties or an annual subsidy from the budget of the political political organizations State, and is converted into account each party or political organization by the Ministry of Finance.
Article - 43. The jurisdiction of the Ministry of Finance to approve the annual estimate the total amount of financial subsidy from the State for political parties or organizations, offering a proposal that the Council of Ministers for a decision and included in the project the state budget.
Article -44 - holds the party circuit or political organizations the distribution of the total amount of financial subsidy to political parties or organizations, according to the following percentages:
First: (20%) twenty percent equally to political parties or organizations registered according to the provisions of the law.
Second: (80%) Eighty percent of the political parties or organizations represented in the House of Representatives, according to the number of seats won by candidates in the parliamentary elections.
Third: The provisions of this article in the upcoming parliamentary election cycle.
Article - 45 - stop financial aid to any party or political organization In one case, the following:
First, breach of the party or political organization or a political organization or a political organization, the provisions of Articles (35, 36.37, 38.39, 40.41) and proved that under the Supreme Audit Report.
Second: Stop Activity party or organization the political decision of the trial court.
Third, the party stopped or political organization for his political activity is optional.
Fourthly: Solving the party or political organization itself optional.
Fifthly: Solving the party or political organization in accordance with the provisions of Article 32 of this Law.
Chapter IX penal provisions
Article - 46 - First, be punished by imprisonment for not less than six months and not more than one year each of the established, organizes or directs or belonged or Mall contrary to the provisions of this Act party or organized politically unauthorized.
Second, be punished by imprisonment for not less than (10) ten years all of the established, organizes or directs or belonged or Mall of the party or unauthorized political organization carries thought Tkverria or a terrorist or cleansing religiously or ethnically or incites or promotes his or justify it.
Third, eliminate the trial court when the judgment of conviction dissolution of the party or organization political question and the closure of Compare and confiscation of funds, assets after exhausting legal appeals.
Article - 47 - shall be punished by imprisonment for anyone who resided within the party or political organization military organization or linking party or political organization of such an organization, and solve the party or political organization if it is proved the party flag or political organization the existence of military organization.
Article - 48 - shall be punished by imprisonment for not less than six months nor more than one year or a fine not exceeding (5000000) five million dinars, or either of them and download the degree of functional and one each person violates the provisions of Article (9 / V) of this law.
Article - 49 - First: the penalty of imprisonment for any official or any member of the party members or political organization if before or delivered directly or through an intermediary money or got the advantage or benefit unduly from someone Iraqi natural or legal to practice any activity related to the party or political organization.
Second, the penalty shall be imprisonment for not less than (6) six years and not more than (10) ten years if the money or advantage or benefit of a foreign natural or legal entity.
III requires the trial court to confiscate all the money transferred and immovable property derived from the crime.
Article - 50. punishable by imprisonment for not less than one year nor more than three years each official in the party or political organization sent money back to the party or political organization to organizations or persons or any other party outside of Iraq without the approval of the Department of parties or political organizations.
substance - 51. punishable by imprisonment for not more than one year each of the polarization of any activity or organization or party or political organization in all state institutions.
Article -52- be punished by imprisonment for not less than six (6) months and not more than one year each of the any activity or to attract or organizing party or political organization within the ranks of the army and internal security forces and other security agencies, the judiciary and the Integrity Commission and the Independent High Electoral Commission.
Article -53- punishable by a fine of not less than (1000000) million and not more than on (3000000) three million who commits a violation of the provisions of this law did not specify her death especially
Article -54 - exempt from punishment both initiated to inform the competent authority of the existence of the crimes stipulated in this law if reported before the start of the investigation and the court mitigate these penalty if have been reported during the investigation and helped to reveal the perpetrators of these crimes.
Article -55- without prejudice to the provisions of this Act to any severer penalty provided for in the Iraqi Penal Law No. 111 of 1969 or any other law.
Chapter X General and Final Provisions
Article - 56 - may be challenged before the Federal Supreme Court in the decisions of the trial court solution on the party or political organization or stop the activity during the thirty (30) days from the date of the party or political organization or decision is considered as a sum and decide on the appeal of urgent matters.
Article -57- devolve funds the party or political organization when resolved to hand in Iraq determined by the decision of the solution.
Article -58- adapt parties or the existing political organizations at the entry into force of this law, their legal status in accordance with the provisions within a period not exceeding one year from the date of entry into force, otherwise is a party or political organization is dissolved.
Article -59- Council of Ministers shall issue the necessary instructions to facilitate the implementation of this law after the preparation of the Board of Commissioners of the Independent Electoral Commission.
Article -60- First, repealed the law of parties or political organizations No. (30) for the year 1991. Second, repealed the Coalition Provisional Authority Order dissolved (the law of parties or political organizations and political bodies) No. (97) of 2004
Article -61- This is the law in force after sixty (60) days from the date of its publication in the Official Gazette.
the reasons in line with the new political life and democratization requirements, for the purpose of the legal framework for regulating the work of political parties or political organizations on the basis of national democratic guarantees political pluralism and check broader participation in public affairs, this law was enacted.
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