Political parties law
8/27/2015


Name of the people

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. () for the year 2015
Political parties law

chapter One
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 organization of citizens under any name on the basis of principles and objectives of the common themes and seeking to gain power to achieve democratic goals 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-party circuit: The Department of political parties and organizations in the affairs of the Independent Electoral Commission and attached to the Council of Commissioners.

Article 3 of this law is aimed at the following:
First, regulation provisions and procedures relating to the establishment parties or political 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.

Chapter II
Basic Principles
Article 4 First: Citizens, both men and women the right to participate in the establishment of party or political organization or belonging to it or withdraw it.
Second: Do not permissible to force any citizen to join any party or political organization or force him to continue with it.
Third: It is not permissible that any citizen belongs to more than one party or political organization at the same time.
Fourth: A person who belonged to any party or political organization or a political party to join another organization provided that the end of the membership of the party or political organization which was formerly a member.
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 a party or political organization on the basis of citizenship and not inconsistent with the provisions of the Constitution.
Second, it can not be founded the party or political organization on the basis of racism, terrorism or atonement or sectarian or ethnic or national intolerance.
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 or political organization depends democratic mechanisms for the selection of the party leaders or political organization.

Article 7 Each party or organize its Ssayasasmh and logo featured him should be the full name of each party or a political organization, acronym, as well as the name and logo featured him different from those of previous parties or political organizations and registered under this law.

Chapter III
The provisions of Incorporation

Article -8- required for the establishment of any political party or organization as follows:
First: do not conflict or political party's principles, objectives, programs with the Constitution organization.
Second, have a party or political organization of his own for the purpose of achieving his goals.
Third, it should not be the founding of the party or political organization and his work taking the form of military or paramilitary organizations, and not allowed to engage in any armed force.
Fourth: not to be among the founders of the party or political organization or its leaders or members of proven virtue is his calling to promote or participate in any manner of ways publicity ideas do not conflict with the provisions of the Constitution.

Article 9 of the required based political organization or party to be -:
First: Iraqi nationality.
Second: Complete the fifth and twenty years of age, and enjoy legal capacity.
Third: He holds a university degree or equivalent previews.
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 political organization Baath rank of Full Member Party or older.
Fifth: non-belonging to the membership of a political party or other organization incorporation time.
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 party 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 should not be covered by the procedures of accountability and justice, and who belonged to the party or political organization to choose between resigning from the party or political organization or function in the entities mentioned above.

Chapter IV
Registration procedures
Article 11 stipulates for the establishment of any political party or organization subject to the following:
I. An 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 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 political party or political organization and program.
B: provide parties representing ethnic ingredients (minorities) List B (500) captions, founder member of the party or political organization.
A: The list of names of members of the institution body enhanced personal Bhetwaqaahm and certified by a notary.
D: a certified copy of the identity card Civil Status and housing for each member of the body or institution of any document be replaced by a law.
E: Linear pledged to open a bank account of the party or political organization during the thirty (30) days of the party or political organization considered 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 supreme national body was for Accountability and Justice at the request of the parties department or political organizations during a period not to exceed thirty (30) days from the date of incorporation request confirms his newspaper free of any judicial judgment was for the crime of murder or crime involving moral turpitude or crimes of terrorism or corruption, financial or administrative, or comprehensiveness procedures 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 it 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 of the applicant to complete these actions within a period of thirty (30) days, otherwise the request is rejected.
Second, aggregated circle of parties or political organizations registration fee of $ (25000000) five and twenty millions dinars.

Article -13- First, the Department of parties or political organizations at the request of incorporation to decide within a period not exceeding (15) fifteen days from the date of consideration of the application, otherwise the application is considered acceptable.
Second: The party or political organization in place after the approval of the Department of parties or political organizations and the endorsement of the Board of Commissioners and published in two local newspapers.

Article -14-First: The decision of the Chamber to accept or reject the request for the establishment of the party or political organization is subject to appeal by 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 the appeal.
Third, in the case set aside the trial court's decision circuit parties 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 the Civil Procedure Law 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 in place from the date of approval of the Federal Supreme Court on the trial court's decision.
Second: If the Federal Court overturned the decision returned the case 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: The Department is concerned parties 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 of the total amount of financial subsidy to political parties or political organizations.
(C) the follow-up work and activities of political parties or political organizations and assess their conformity 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) moving the complaints and suits against political parties or political organizations or any of its members in violation of the provisions of this law.
Third parties are decisions or circle and procedures regarding the implementation of the provisions of this law effective after the Board of Commissioners authentication political organizations.

Chapter V
Rights and duties

Article -18- enjoy the party or political organization of the moral and legal personality and operates accordingly.

Article - 19. First: the head of the party 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 that is as depute one or more of the party leaders or political organization represent him in accordance with the rules of procedure.

Article - 20 - First: the headquarters of the party or political organization all inviolable and may not be entered or inspected except by judicial decision and in accordance with the law.
Second, it documents the party or political organization and his 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, participation in elections and political life in accordance with the law.
Second: to meet and demonstrate peacefully in accordance with the law.

Article -22- First: to organize a political party or a political issue and more a political magazine or newspaper, website and possession and use of all means of communication and the establishment to express his views and principles, according to the law.
Second, the editor of a newspaper or magazine party 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, the state media devices away from the distinction between the parties or political organizations in the use of the means to transport their views to citizens.

Article - 24. 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 to assume responsibility or participate.
Fifth: to maintain the neutrality of the civil service and public institutions and not to be exploited for political gain or party organization or the organization of their politicians.
Sixth: not to possess weapons and explosives, possession contrary to the law.
Seventh: The supply circuit parties or political organizations in any updates on its rules of procedure and the political program and the names of the founding members and belonging when unchanged.
Eighth: to inform the Department of parties or political organizations about his activities and his ties to parties or political organizations, political organizations, non-Iraqi.
Ninth: move the criminal case against any of its members when violating the provisions of this law.

Article -25 - the party or political organization in the exercise of its refrain from the following:
First, the link to any regulatory or financial point of non-Iraqi, or directing party activity or political organization on the orders or directives of any foreign state facets.
Second, intervention 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 a political organization an outlet for other countries to interfere in the internal affairs of Iraq.
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 activity for the exercise of the party or political organization or a political organization or propaganda for or against a political party or organization.

Article -26 - First: the party or political organization that maintains in its headquarters, including the following:
A: Rules of Procedure of him.
B: Members log and record of the names of members of the party or political organization, including members of the Commission and the institution belonging, addresses and places of residence.
A: record the decisions of the party or political organization.
D: log accounts and record of the party or political organization revenues 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 work of the party or political organization.
Second, all approved records of the party or political organization to be certified by a notary competent department.

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 date of issuance decision.

Article - 28. First: It must be for each party or political organization of its own internal system and political program 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 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 review, approval and preparation of the annual budget and adoption, and aspects of their spending.

Chapter VI
Alliance and integration

Article -29- First: freedom of parties or coalition of political organizations with each other to form a political alliance.
Second: provide parties or closely allied coalition of political organizations to political parties or political organizations department for registration of political alliances in the 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 new political party or organization, and registration procedures are followed in accordance with the provisions of this law

Chapter VII
Political activity stops

Article -31- each party or political organization in accordance with the rules of procedure:
First, stop the activity.
Second: the self-same solution.
Article - 32. First: 1 - The Party may be a solution or political organization of the decision of the trial court based on a 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 (8) of the Act.
B - carrying out any activity contrary to the Constitution
C - actively have a military or semi-military character doing.
(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 replace any other violation of the law.
(F) carrying out any activity that threatens the security of the state, or its territorial integrity or sovereignty, or independence.
2. Any interested parties to lodge a complaint to the department 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 reasoned request of the parties or political organizations circle 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 request of the parties, circle 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: separating the trial court in the application submitted in accordance with 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. sources of funding for the party or political organization to include:
First, the contributions of its members.
Second, donations, grants the Interior.
Third, investment returns his money in accordance with this law
Fourth, subsidies from the state budget under the criteria contained in the Act.
Article -34- of the party or political organization the right to own property to take the seat of his or Mrakza to its branches.
Article - 35 - First: subscriptions amounts are party members to install or political organization, distribution and use, including the rules of procedure in accordance with the provisions of this law.
Second: Do not determined the total income of acquired subscriptions from 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 is recorded in your record donations the party or political organization.
Second: it is published the list of the names of the donors in the party newspaper or political organization.
Third: Prevents donate to the party or political organization of material goods or cash amounts originally intended to gain the benefit of an illegal political party or organization or the donor.
Article - 37 - It is not permissible for a political party or 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's political organization or engage in business for profit, except for:
First, the deployment and the preparation and distribution of publications, publications or other propaganda materials, cultural, and political pamphlets.
Second, social and cultural activities.
Third, bank interest.
Fourth: The sale and lease of property owned by him.
Article -39 - First: Filed party or political organization of his money in Iraqi banks.
Second, the party or political organization holding accounts include regular income and expenditure records.
Third party offers or political organization annually the accounts prepared by a licensed certified public accountant's office report and report to the Board of Supreme Audit.
Fourth: The Office of Financial Supervision raises a 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 its purposes and objectives is in accordance with the rules and procedures set out in its rules of procedure
Article -41 - the party or political organization to refrain from what follows:
First: Accept cash or in kind from any party or political organization or association, organization or person or any foreign entity without the consent of the parties or political organizations circle.
Second: send money or payments to associations, organizations or to any foreign entity without the consent of the parties or political organizations circle.
Article - 42 - parties or receives an annual subsidy from the state budget and political political organizations, and be transferred to the account of each party or political organization by the Ministry of Finance.
Article - 43. The jurisdiction of the Ministry of Finance to approve the annual estimate of the total amount of financial subsidy from the State for political parties or organizations, and thus present a proposal to the Cabinet for a decision and included in the state budget project.
Article -44 - circuit parties or political organizations shall allocate 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 in accordance with the provisions of this 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 - financial aid to any party or political organization stopped in one of the following cases:
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 proven under the BSA report.
Second: Stop Activity party or political organization of the 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.
Fifth: The solution to 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 exceeding one year or both established systems or managed or belonged Mall or contrary to the provisions of this law a political party or organization is not licensed.
Second, be punished by imprisonment for not less than (10) ten years all of the established, organizes or directs or belonged Mall or party or political organization is not licensed holds Tkverria thought or a terrorist or sectarian or ethnic cleansing or incites or promotes his or justify it.
Third, the trial court when the judgment of conviction required to dissolve the party or the said political organization and close 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 or military organization linking the party or political organization such organization, dissolve the party or political organization if it is proved the party or political organization aware of the existence of the 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 the Act.
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 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 through an intermediary .
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.
Third, the trial court required the confiscation of all movable 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 outside Iraq without the consent of the parties or political organizations circle.
Material - 51. punishable by imprisonment for a term not exceeding 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 (3000000) three million who commits a violation of the provisions of this law did not specify a particular penalty
Article -54 - exempted from the punishment of all 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 relieve the death penalty if the reporting during the investigation and helped to reveal the perpetrators of these crimes.
-55- Article is without prejudice to the provisions of this law any more severe 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 party funds or political organization when resolved to hand in Iraq determined by the decision of the solution.
Article -58- adapt existing parties or 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 and is otherwise the 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, it canceled the interim authority is dissolved Coalition (the law of parties or political organizations and political bodies) No. (97) for the year 2004
Article -61- This law is in force after sixty (60) days from the date of its publication in the Official Gazette.

The reasons

In line with the requirements of the new political life and democratization, for the purpose of regulating the legal framework for 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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