Journal of Kufa legal and political science

The philosophical foundations of the authority of the criminal court are represented in the legal adaptation of the criminal case through the theories and ideas presented by philosophers and criminal law jurists, as standing on these foundations has become one of the basics of legal studies to realize the extent of development and interconnection between these theories and the current reality.

Strategy is one of the most important topics that specialize in studying political, security, economic and social aspects because of its role in building future plans that are formulated by the institution or state to achieve its higher goals that are known through building a comprehensive strategy. Strategy in this sense is not limited to building plans, but rather its work is preceded by a conscious and gradual method of thinking and planning that is one of the most important elements of success for this strategy. Because the strategy is a recent transition from the military framework to all the aforementioned interests to rise to the level of the mechanism through which the plan is developed, this development gives the concept of planning importance and consistency with the topic of strategy. Therefore, successful strategic planning based on realistic scientific foundations contributes greatly to the process of future transition towards the goals that the institution or state wants to achieve within a specific time frame, and here lies the importance of the research.

The principle of the rule of law prevails in contemporary states, such that all members of society who are capable of bearing responsibility are subject to this law, and all state agencies are subject to this law. The principle of the rule of law guarantees the rights and freedoms of individuals in the face of public authority, which is governed by the law alone, far from the whims or control of this authority. Therefore, in order to ensure the protection of human freedom if he is arrested or imprisoned, the law must govern all procedures taken to ensure the personal freedom of the accused. Thus, the principle of legality means that the acts that are considered crimes are those stipulated in the penal code in advance, and the powers prescribed for them are also stipulated, provided that the text was issued before the act to be punished was committed.

Our world today is witnessing more violence, with its many faces, forms, and different aims and objectives, leaving behind many victims and losses. Its causes and motives have diversified, and its forms and models have multiplied.

Islamic jurisprudence has emphasized the exercise of the right of pre-emption, when its conditions are met, and the Iraqi Civil Law No. (40) of 1951, as amended, proceeded on this, although it greatly restricted the forms of pre-emption, as Article (1129/1) stipulated that (the right of pre-emption is limited to the partner in the common residence, provided that he does not own a residence independently), and despite this, the practical applications of pre-emption are still alive in our contemporary reality, due to the large number of cases of common ownership of residential homes, especially due to the transfer of ownership by inheritance to the partners.

This research is considered part of a broader study that examines how social groups with a political dimension emerged, how they grew, and the reasons for their survival, decline, and demise. Throughout history, we see that there are social groups that emerged, grew, and continued to go through the stages of their social life until they were able to form a large society and became the center of leadership in that society, while we see other social groups that first appear very strongly, but they stumble in their social progress, their lights fade, and they disappear into the dark corners of history. It is natural that there are reasons and factors behind this historical reality, and we are trying, with God’s help and guidance, to search for these reasons and factors, given the great importance of this for all social groups in their social and historical movement, and the possibility of applying the results of this research to social groups with a political dimension that currently exist in our society or other societies.

Protecting the environment from pollution has become one of the issues that has received the attention of various countries at the present time, due to the connection of this issue with a basic human right represented by the right to live in a healthy environment, which is stipulated in most constitutions and various legislations, stressing the necessity of ensuring its implementation in light of the scientific and technological progress witnessed by contemporary societies in various sectors such as industry, transportation and exploitation of natural resources, accompanied by many manifestations of pollution of environmental resources in a way that warns of dangers that have dire consequences for human health and society. Given the development of the role of the state at the present time from a guardian to an intervener in various areas of life, the issue of environmental protection has been among the tasks entrusted to it that must be achieved. Administrative penalties are among the important means that the administration possesses to make this task a success, as they represent an aspect of the privileges of public authority granted to the administration in order to exercise its various functions, especially its function in ensuring the implementation of laws, including laws related to environmental protection. According to these penalties, which can take various forms, the administration can, by its sole will, punish and deter any person who violates the legal texts related to environmental protection by engaging in acts that expose the environment to danger.

After the emergence of information technology as a result of the invention of the computer and after the amazing developments that affected it, whether in its industry or in the industry of the programs that it works with and through which it performs its functions, and the development witnessed by the field of information transfer after the merger that occurred between the computing and communication systems and what this opening led to, one of the most important results of which was the birth of the global information network (the Internet) that linked the far-flung parts of the world and made it a small village, as they say, and what this network led to in terms of the expansion of the use of computers and machines that are based on that technology. The use of computers and their widespread use in our daily lives has led to the emergence of the idea of ​​e-commerce as an approved application at the present time in concluding contracts and deals with the government and public sector companies or with private sector companies. The emergence of e-commerce and e-exchange, through which financial amounts can be transferred to other accounts, bills paid, and amounts transferred to other parties outside the bank by means of electronic cards, has resulted in their users being able to easily deal and settle payments quickly, and ensuring that they do not have to carry large amounts of cash and facilitating their buying and selling in all parts of the world. However, these benefits achieved by the use of credit cards are offset by great harm represented by their misuse by the cardholder himself or by others. As for the reason for my choosing this topic, it is its novelty and the lack of legal studies that have addressed it, and the difference between jurisprudence and comparative judiciary in giving legal description and classification to acts of misuse of credit cards and the failure of the Iraqi criminal legislator to criminalize acts of assault on those cards, not to mention the failure to achieve their concept legally. I divided this research into two sections. In the first section, I addressed the nature of credit cards, and in the second section, I addressed the forms of crimes affecting credit cards and the position of the Iraqi legislator. I preceded them with an introduction and followed them with a conclusion that included a set of results and recommendations.