AL- Mouhaqiq Al-Hilly Journal for legal and political science

The provisions specifying the cases of retrial are of a peremptory nature and therefore may not be analogized or agreed otherwise, otherwise the appeal by way of retrial will not be accepted, because it is agreed in the legislation and judiciary that the body that ruled on a matter brought before it by a final or definitive judgement, as a general rule, may not reconsider it again or issue a judgement on it a second time, because after the judgement is issued by the competent judicial body, the case in dispute has completely left the jurisdiction of this judicial body, but as an exception to this rule, the law allows the case to be returned to the same parties to the same body that issued the judgement or the judgement of the court.

There is no doubt that determining the procedures by which an appeal for Requiring reconsideration is filed in administrative courts is a procedural matter of great importance within the scope of the procedural system for this method of appeal, on the basis that these procedures do not usually differ from the conditions established for filing a lawsuit. However, the legislator in the countries under study has required that the petition for appeal for retrial include essential data, otherwise it is invalid. These data differ in their aspects from what is established according to the general rules for filing lawsuits, on the one hand, and on the other hand, it has required depositing guarantees in the court treasury, which are matters that give the procedures for filing an appeal for retrial an aspect of seriousness.

The application of the law by the judge is not a purely logical process, as what the legislator does is to determine the general standard framework through the element of imposition in the legal rules. Leaving to the judge the possibilities that are subject to examination and analysis, in order to reach a solution to the dispute based on what is presented regarding the factual element in the civil suit. Thus, the judge of the subject matter has the possibility of choosing between these varying possibilities, according to his personal and objective activity granted to him by the legislator. Likewise, the judge\\'s activity is not easily carried out in all cases, but rather requires a precise study that paves the way to clarify the role-played by the judge, and his use of his authority within the limits of the factual element in the civil suit. The scope of which we can initially perceive in the subject of the legal rule, as discretionary rules rather than declarative ones. As there is an inevitable link between the necessity of applying the legal rule, and the necessity for the judge to have personal and objective activity regarding it. As the legislator cannot determine the possibilities of applying the legal text, with its general assumption, to all cases that the application will face in the future. The legal text technically regulates the legislator’s specific perceptions of a distinct fact that was carefully chosen by him to confront all other facts that are disputed between the opponents, and that share the same effect and grounds, to ensure that the final judgment in their

When humanitarian organizations to using armed protection for their humanitarian convoys to avoid attacks and thefts, and to preserve the lives of their workers, they need someone to implement that method. The guiding principles regulating that protection have identified the entities that can be used, and they are divided into official entities such as the forces formed by the Security Council, peacekeeping forces, and other entities such as private security companies and non-governmental armed entities. These entities have actually contributed in many conflicts and humanitarian crises to providing that protection.

The phenomenon of juvenile delinquency is old, and the growth of this phenomenon varies from one society to another, depending on the social structures and economic systems of each society. The importance of this phenomenon lies in the fact that it affects the new generation and the foundation of all societies on which civilization is based. The presence of such groups in society and the importance of the stage they live in requires highlighting the effective aspects and methods of psychological care for juvenile delinquents in juvenile care institutions and ensuring their rights, to rehabilitate juvenile delinquents and modify their behavior. In this regard, the study provides a statement of an effective mechanism in the field of juvenile protection, which are reports that provide data and some important statistics on evaluating the effectiveness of international and national rules in the field of protecting the rights of juvenile delinquents and monitoring violations that occur in this

The crime of removing an organ or tissue from a dead person in violation of the law is one of the crimes with sensitive issues related to the sanctity of the body of a dead person who is helpless and powerless, as this crime is achieved by positive behavior represented by performing an illegal and legally criminal act. It is also considered a temporary crime that is achieved for a temporary period, in addition to being one of the ordinary crimes that are not committed with a political motive and do not affect public or individual political rights. Due to the seriousness of this crime, the Iraqi legislator has imposed on the perpetrator an original penalty of imprisonment for a period not exceeding three years and a fine of not less than two million dinars and not more than five million dinars. Thus, it becomes clear that this crime is described as a misdemeanor

In this research, we seek to explain the effectiveness and role of the civil judge. In this research, we seek to explain the effectiveness and role of the civil judge in proving by the decisive oath, and to explain the discretionary authority of the civil judge in ruling by the decisive oath. The decisive oath is an oath directed by the opponent to his opponent in order to settle the dispute, and it is The oath with which the lawsuit ends, and it is a method that the opponent does not resort to except when he lacks another way to prove his claim, whether a request or a defense, so there is nothing left for him but to appeal to his opponent’s conscience and ask him to take this oath to settle the dispute, and it is a special legal system. The legislator established it not as an aid to the opponent who is unable to prove what he claims, and by it he appeals to his opponent’s conscience and responsibility. If he swears it, the claimant’s claim is rejected, and if he refuses to do so, he is judged. If he returns it to his opponent and swears it, a judgment is ruled for him. Otherwise, he is judged.

The finality of appealing judicial rulings is one of the topics of great importance, as it aims to ensure the rights of the parties to the case, and in a way that is consistent with achieving justice. It is not an abstract judicial and legal procedure, but rather a purposeful means that works to enhance confidence in the judicial system in the image. Which guarantees the integrity of the judicial process, because it represents a goal that aims to correct practical errors similar to the judicial ruling resulting from the incorrect application of the articles of the law.
The acceptance and success of the appeal against the rulings depends on legal errors that the court did not take into account properly, or procedural errors represented by the court not following the correct procedures to resolve the case fairly between its disputing parties.

Administrative law has taken some of the means and procedures of civil law, and one of these topics that administrative law borrows from civil law is what is called in legal jurisprudence (the statute of limitations), which means the passage of a period of time on the right, which results in the right or obligation being forfeited, due to the negligence or silence of the creditor in claiming the right or using it, but many of the details of the statute of limitations have changed their features and details when applied to administrative law topics, and the reason for this is due to the privacy in this law, in terms of goals, means and persons, and that the administrative judge, although he can in fact take some of the titles of civil law, is obligated to amend the details of these topics and their procedures in a manner that is consistent with the special nature of administrative law.
The statute of limitations in administrative law is specific to what exists in civil law in terms of its duration, procedures and text. It also differs according to the person who owns the right or debt. If the person who owns the right or debt is the administration, then the statute of limitations is subject to a long period, and this period varies from one country to another. However, if the person who owns the right or debt is a private person or an individual against the administration, then this statute of limitations is stipulated by the laws of countries by subjecting it to a short period.

The research took the idea of the spirit of criminal law as the focus of the study as a beacon for the paths of criminal policy and an inspiration for those belonging to the criminal justice system at the level of legislation, judiciary and penal implementation, as the research focused on clarifying its fundamental role rooted in the penal philosophy and extending across the layers of the infrastructure of criminal law, considering it a package of purposes and principles that breathe life into the body of legislation and send the highest human meanings into the circumstances of the criminal ruling and its decisions, in addition to being the guiding model for those who implement punishment, so a legislator, judge or implementer is not to be blamed when he relies on it according to precise logical and realistic foundations, as he has headed towards the essence of legal provisions and their source flowing with the lofty legal goals when the texts are narrow and fall short of achieving those goals.
The research sought to clarify the theoretical foundations of the idea of the spirit of criminal law in the context of the principles of criminal justice and to diagnose its nature as a theoretical framework, as well as to trace it in terms of foundations and analysis after gathering its fragments and deepening its partial views and trying to expand its dimensions in order to maximize the important results of its practical application at all levels.

The technological progress we are witnessing today has led to a major transformation in electronic transactions, which has significantly affected the legal aspects associated with them, whether at the stage of concluding or implementing them, through electronic communication channels that have crossed the territorial borders of countries. Among the changes that have occurred in legal transactions, the development of concluding contracts stands out, especially the gap that appeared in the application of traditional legal transactions when concluding contracts via the Internet. One of the most prominent issues raised by these contracts is determining the applicable law, in addition to determining the competent court to consider disputes arising from these transactions.
The traditional texts related to conflict of jurisdiction, which are found in most national legislations, such as \"the jurisdiction of the court of the defendant\'s domicile or place of residence to which the parties have agreed to resort, is the court of the place of concluding and implementing the contract\", were established to settle disputes in international contracts concluded by old traditional methods, and may not be suitable for application to modern contracts, including international electronic contracts