AL-Sharaa journal for legal and administrative studies

Terrorism is a crime that has been recognized by societies since ancient times; however, it is a crime that evolves and manifests in various forms, which is why there is no unified definition of it. International entities strive to combat terrorism through international treaties that establish standards for defining this crime. Consequently, countries are expected to align their domestic legislation with these international standards.
The issue of combating terrorism and the measures implemented by governments to address it often intersects with individual rights and fundamental freedoms, which are constitutionally enshrined. Although the legal state is not necessarily framed within this context, measures taken to combat terrorism are aimed at ensuring security, which is one of the fundamental rights that governments are obligated to protect.
Many national constitutions do not explicitly define terrorism or address this phenomenon directly but address it through internal legislation. Such legislation does not constitute a constitutional violation; rather, its legal basis is derived from the constitution itself through addressing cases of necessity and exceptional circumstances, thereby making counter-terrorism a significant imperative.
The constitutional judiciary has played a crucial role in combating terrorism by establishing principles related to both the concept of terrorism and the legitimacy of the criminal policies employed in counter-terrorism. Legislators have been granted a degree of flexibility in enacting laws pertaining to counter-terrorism.

The research idea is based on the fact that there is a category of individuals who suffer from disabilities that affect their performance and behavior. These individuals, like many others, engage with financial and banking institutions. Therefore, ensuring their legal protection and preserving their rights, along with guaranteeing fair treatment in accordance with the principles of justice and equality, is necessary. The accurate legal description of these individuals must include guaranteeing their access to financial and banking services. Although legislations differ in how they name these individuals, ensuring their access to financial services provided by banks entails the fulfillment of certain requirements that facilitate their access to these services. Additionally, banks have responsibilities towards these individuals to ensure that their rights are not violated in any way or that they are not discriminated against compared to others.

The sale by electronic auction requires the same elements required by the sale contract in the public auction, as there must be positive consent, as the contract cannot be concluded without that, and there must also be a place and a reason, as the electronic contract cannot be concluded without a place or its illegality, and as is the case with the reason, the law may also require a specific form for concluding the electronic contract that the parties to the contract must fulfill, as is the case with real estate that the law requires to be registered in the real estate registration department, as well as registering vehicles and machines in the competent departments, and in addition to that, the process of selling by electronic auction requires several procedures to complete this process, such as announcing the sale and what this announcement includes of data related to the money and the conditions for participating in the auction, such as insurance and identifying the persons entitled to participate, and the mechanism for paying the money such as paying in cash or in installments, whether through electronic payment methods or paying in cash. The electronic sale process requires special conditions for the seller, the buyer and the auctioned money. The seller must be the owner of the item sold or his agent, and the seller must provide comprehensive data and specifications for the item sold, provided that the data and images match the item sold. Otherwise, it is considered fraud and deception. As for the buyer, he must have free will and a serious desire to buy to avoid deception, such as the seller and buyer agreeing to enter the auction for the purpose of pushing the public to buy. He must also have an account or balance in a bank or insurance company, and the item sold must be money that may be sold in electronic auctions, and dealing with it must not violate public order and morals, such as weapons, drugs and all prohibited items

Currently, non-state actors play an important role in international relations, led by multinational corporations, which have developed and grown through the global capitalist system based on freedom and the market economy. They have been able to influence various developing countries. Developing countries, as host countries for transnational corporations, have been affected by their activities at their level, whether economically, socially, environmentally, or especially politically. The economic power of multinational corporations has given them political power through which they have been able to influence the sovereignty of developing countries. Considering that multinational corporations are one of the most important drivers of international trade, their influence on the global economic system is inevitable. Since national economies are an integral part of the global economy, they must be affected by the developments that affect the global economy. Multinational companies are among the driving factors towards the emergence of the phenomenon of globalization due to the enormous potential they possess, whether this potential is material or human, which helped them to spread widely and rapidly. These companies practice their economic activity in various countries of the world and control the economies of developing countries in particular through their control over the sources of primary resources in those countries in addition to their control over the political decision in most of those countries. Considering that oil is a strategic commodity for producing and exporting countries in general, and for Iraq in particular, international experiences have proven that oil is an important means of achieving economic growth, and an important tool in comprehensive economic, social and political development. It is also an important source of hard currency for any national economy and a means of linking the local economy to the global economy Supporting the balance of payments and contributing effectively to supporting other productive and economic sectors, especially since Iraq has the third largest oil reserve in the world after Saudi Arabia and America, can be relied upon to implement economic development programs and achieve financial surpluses that can raise the size of the national income, and thus raise the standard of living of the population. The Iraqi oil sector today needs large capital, advanced technology and global expertise, which is what foreign direct investment will provide in addition to many benefits and privileges such as employing workers, marketing products and introducing modern administrative methods. Therefore, the research focused on discussing and analyzing the role and impact of multinational companies on the Iraqi oil sector.

Through legal texts that legislate and define the nature of the work of the authority of reasoning, criminal investigation, and trial, as well as regulate the methods of appealing judgments and the manner in which punishment is implemented, procedural legislation aims to strike a balance and reconcile the requirements of the state's right to punish for revealing the truth with the individual's personal rights and freedoms. Therefore, procedural necessity—even if it necessitates departing from the original text in order to apply some legal provisions because of the urgency with which action must be taken—is necessary

The obligation to negotiate is the first obligation that arises when applying the principle of good faith. We have noted that this principle obliges the parties to the contract to commit to implementing the duties that arise from it, while the other obligation imposed by this principle is the obligation to continue the negotiations. Although the negotiating parties have the freedom to enter into negotiations and continue them or end them according to the principle of freedom of contract, the principles of justice and considerations of logic according to the principle of good faith require the establishment of guarantees for the negotiating parties, for fear that one of the parties will abandon the negotiation after preparing the other party to contract. Therefore, we see that the two parties are committed to continuing the negotiations and reaching the final result, which may include concluding the contract or not reaching an agreement to conclude the contract.

The state budget is the primary tool that governments rely on to achieve their economic and social goals. However, the budget deficit is one of the most prominent challenges facing countries, which requires coordinated intervention from various governmental authorities to develop and implement appropriate financial policy plans to cover this deficit.
Therefore, the research will address the role of the authorities responsible for planning and implementing to cover the deficit in the state's general budget, focusing on the vital roles of both the Ministry of Planning and the Ministry of Finance in the planning phase, in addition to the role of the Central Bank and the Council of Ministers in the implementation phase.
In the planning phase, the Ministry of Planning plays a pivotal role in developing economic strategies aimed at controlling government spending and enhancing revenues, while the Ministry of Finance prepares the general budget, estimates the expected deficit, and develops the necessary financial policies to reduce this deficit.
In the implementation phase, the Central Bank is responsible for managing public debt and controlling inflation, in addition to providing the necessary financial support to the government by facilitating borrowing. At the same time, the Council of Ministers is responsible for coordinating efforts between various ministries and government institutions to ensure effective implementation of financial policies and to bridge the budget deficit. Accordingly, the research concludes that close cooperation between these entities is the key to achieving financial balance and reducing the general budget deficit. This calls for strengthening coordination between ministries, developing effective oversight mechanisms to ensure proper implementation of financial policies, and conducting periodic evaluations of these policies to keep pace with economic changes.

Perhaps the most striking thing about commercial activity in the modern era is the steady increase in production and the resulting increase in the complexity of the technical nature of goods and services, as well as the great development in the contracting mechanism, which led to a group of people, despite their legal capacity to contract, but in addition to the lack of sufficient knowledge, is the fact that they began to conclude contracts in an uninformed manner about the goods and services they aim to obtain. This phenomenon, which appeared in its initial aspects to be an economic phenomenon, quickly turned into a legal phenomenon. This phenomenon, which appeared in its initial aspects to be an economic phenomenon, quickly turned into a legal phenomenon, as legislators in many countries were soon forced, for social, economic and sometimes political considerations, to regulate the contracting process and the legal aspects of this idea. Hence, the term consumer protection became a legal term subject to special legislation, the most prominent feature of which is that most of its provisions go beyond the known rules in civil and commercial law.

This study addresses a fundamental issue, focusing on identifying the judicial approach adopted by the Supreme Federal Court of Iraq in its interpretation of positive constitutional rights, which include the rights that the state is obligated to provide to individuals, such as the rights to health, education, and work. The importance of addressing this topic lies in analyzing the role of the Supreme Federal Court in interpreting positive constitutional rights, contributing to an assessment of the effectiveness of the judiciary in protecting individual rights and promoting constitutional principles. The research also enhances legal knowledge and compares international experiences to apply best practices within the framework of Iraqi constitutional law, according to the Constitution of the Republic of Iraq of 2005.
Accordingly, the study is divided into two sections. The first section defines positive constitutional rights, with the first subsection presenting the concept of these rights, indicating that they are fundamental rights based on the principles of human rights, democracy, and the rule of law, and require the state to provide certain aspects of welfare to its citizens. In the second subsection, it distinguishes between positive and negative constitutional rights, where positive rights require state action, while negative rights impose limitations on state authority. The third subsection uses judicial applications to illustrate the difference between positive and negative rights.
The second section discusses how the Supreme Federal Court of Iraq interprets positive constitutional rights and its approach to this interpretation in the context of the cases it reviews and the impact of its decisions on state legislation and actions. The study concludes that the Supreme Federal Court plays a vital role in protecting these rights and that there is a need to strengthen Iraq's legal framework to ensure citizens' rights, increase the Court's powers to monitor the implementation of these rights, and enhance transparency and accountability in its performance.

One of the most important characteristics of a share is its ability to be traded freely, so that the shareholder always has the right, if he wants, to transfer these shares to others and obtain their value. Freedom to trade shares is the basis on which the existence of the financial market is based.
The right to trade shares is considered one of the fundamental rights of the shareholder, which he may not be deprived of by a provision in the company’s bylaws, even though this right may be restricted by provisions in this bylaw, provided that these restrictions do not lead to the shareholder being deprived of his right to relinquish his shares.
Legal restrictions usually aim to protect shareholders and public savings from fraud and illegal speculation carried out by the founders. Conventional restrictions often aim to introduce a degree of personal consideration into joint-stock companies, especially those that do not offer their shares for public subscription. They may also aim to support the control of the few in large joint stock companies and avoiding the possibility of coups in favor of other groups seeking to control the company.

The changes resulting from the Ukrainian crisis led to many repercussions on the international system, and after (20) years of cautious relations between Russia and China, we notice that there are clear changes in the nature of Russian-Chinese, Which led to Russia heading towards China to reduce the economic repercussions resulting from Western sanctions. At the same time, it found a market for energy products in China after stopping exports to European countries, Which reflects the nature of Russian-Chinese relations, whether on the economic, Polish, or technological side. The cooperation has turned into a strategic partnership between the two parties. The relationship between the two parties has entered a new phase of cooperation, especially since (90%) of the trade exchange between the two parties takes place through Russian national currencies or, Which indicates the insistence of the two parties on their unity to deal with Chinese foreign crises and harmonize to deal with major global issues.

Imperative rules are basic principles of international humanitarian law recognized by the international community to establish rules that states may not violate. It is self-evident that no international person may deviate from these rules, even through a treaty As a result, these rules have been interpreted as restricting the freedom of states to contract. While at the same time working to invalidate treaties that conflict with the rules known as jus cogens international rules, any rule accepted and recognized by the international community is considered a binding rule in international law and is not subject to any exception and cannot be changed except in accordance with a new rule in international law that bears the same nature.

The international community is currently facing new types of crimes that overshadow traditional crimes, with cyber terrorism and its associated problems and threats becoming a major concern. Due to the increasing danger and widespread nature of this new form of terrorism, it has become imperative for countries to intensify their efforts by enacting legislation, signing agreements, and establishing international and regional organizations to combat this menace, which has become one of the greatest challenges facing nations. The severity of cyber terrorism has compelled governments to enhance their capabilities and methods to counter its various threats by providing the necessary protection technologies and establishing legal frameworks at both regional and international levels.

International non-governmental organizations (NGOs) possess a set of characteristics that distinguish them from other entities in international law, such as states and intergovernmental organizations. These characteristics enhance their effectiveness and recognition by states and intergovernmental organizations.
In their activities, NGOs apply the humanitarian principles outlined in international humanitarian law to defend and promote human rights, employing various strategies. These organizations primarily undertake the promotion of human rights as a preliminary step before protection efforts.

Human rights are essential as they ensure the dignity of individuals and their fundamental freedoms, promoting justice and equality in society. They provide the framework that protects people from discrimination and violations, contributing to the development of a prosperous community rooted in respect and understanding. The research addressed the justifications for imposing restrictions on human rights in certain contexts. These justifications manifested in three main aspects: firstly, protecting public order to ensure community stability and avoid chaos; secondly, safeguarding public safety to ensure the well-being of citizens and combat crime; and thirdly, protecting national security from external and internal threats. The research also reviewed how these restrictions should be imposed in a manner that is clear and proportionate to the intended goals, emphasizing the necessity for them to be limited to what is essential, aligned with actual needs, and subject to periodic review. Ultimately, the research underscored the importance of achieving a balance between human rights and security necessities to ensure a safe community in which individual rights are respected.

After the development in the field of technology and the emergence of modern means through which some crimes can be carried out without leaving tangible evidence, the need has become urgent to search for evidence that supports the occurrence of the crime and attributes it to its perpetrator. What is known as electronic evidence has emerged, which can be demonstrated through modern technology and cited as evidence in criminal evidence, so that the judge can rely on it in issuing a judicial ruling regarding the case before him.
Despite the importance of this evidence, most legislations, including Iraqi legislation, have not regulated this evidence in a legal manner that enables the judge to rely on it. Therefore, it has become subject to consideration, so that some courts take it and some do not rely on it. Rather, the Federal Court of Cassation changes its point of view from time to time, as it used to overturn rulings based on electronic evidence, then began to ratify rulings that rely on electronic evidence to prove the crime and attribute it to its perpetrator.

To understand the work related to work, the workers, and the work environment, which legislators have always taken into account when developing texts. The text of the texts related to work has a close relationship with the social aspect of work life, so it is considered neither participation nor fair that the work spend most of their time doing the work and the workers’ owners work, and since the leave is regardless of the She and her names expressed the importance of one of the rights that labor laws emphasize regulating, as she believes that the opportunity for the worker to take leave to renew his energy and the request for work requires waiting and renewed vitality,However, the worker cannot leave work under the name of leave for rest or recuperation whenever he wants without conditions or controls. Therefore, when developing the legal texts of the Labor Law, the legislator must take into account granting the worker leave to achieve all the desired purpose by giving the worker the opportunity to practice his social activities. And comfort, and this is what the Iraqi legislator was keen on in the effective Labor Law No. 37 of 2015, and many labor laws adopted it, including the Egyptian Labor Law and the Jordanian Labor Law in force.

The seas and oceans were not a cause of isolation between continents and peoples but a means of communication between them. Maritime navigation has played a key role in strengthening these contacts, Rather, it is one of the oldest and most important humanitarian activities, and the definitions of maritime navigation have been varied because of the different standards viewed, Maritime navigation refers to a State's activity by means of its naval vessels for the use of the seas of whatever kind such use may be. Maritime navigation ", which depends on distinguishing maritime navigation from others by having two essential elements: a naval vessel and the purpose of navigation.
The legal regulation of transit and innocent traffic refers to laws and regulations governing traffic that are general and focus on basic concepts of the 1982 United Nations Convention on the Law of the Sea as specifically indicating the difference between a transit and an innocent navigation system in accordance with this Convention.
The purpose of our research is to clarify in depth the legal norms of the rights and duties of the coastal State and other States in finding a fair balance between protecting States' sovereignty over their waters and not impairing their inalienable sovereign rights and using the seas as a means of international transport.
Reconciling the coastal State's interest with the common interest of all States behind the legal regulation of the seas, clarifying that the subject matter of the vessel shares the maritime law and the international law of the sea in defining the concept of the vessel and its relationship with the State or the organization of its nationality, but that the international law of the sea is unique in determining its legal status when it exists in each area of the sea.

As we know that the will of contracting parties is very crucial important and essential element in any and in every dealing in our daily life, so this will must be correct and free, especially from the mistake which in its role makes the will incorrect and the contract voidable and sometimes null and void , thus we will treat with this topic in our present research to explain its rules, kinds and divisions in English law to make use of this legal system from its own elements besides comparing it with the other legal systems to discover the most useful one to apply it in our daily life to avoid the problem that may happen in the legal dealings that may be affected by the mistake .

International treaties play a crucial role in protecting the rights of minorities by providing a binding legal framework for member states. These treaties aim to ensure that minorities are not subjected to discrimination and to enhance their economic, cultural, and social rights. Through agreements such as the "International Convention on the Elimination of All Forms of Racial Discrimination" and the "Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities," states commit to safeguarding minority rights and ensuring their effective participation in society. These treaties also provide mechanisms for monitoring and reporting to ensure compliance and offer support to minorities in addressing challenges.

Although there are many studies that have addressed the phenomenon of begging, the security aspects of this phenomenon still need more research to clarify the spread of the phenomenon of begging in society and criminal behavior in terms of security measures to deter it. Therefore, the importance lies in trying to investigate this security aspect to reduce this criminal behavior resulting from the spread of this phenomenon. The main research problem, which is the exacerbation of the phenomenon of begging in society, especially in our society, causing negative effects and results from a security perspective and its serious repercussions on the spread of the criminal phenomenon. The question that lies in this problem revolves around the criminal effects resulting from the spread of this uncivilized phenomenon. This research aims to know the effects of the spread of the phenomenon of begging on the spread of behavioral deviation among beggars and then deviation to criminal behavior. It also aims to shed light on the dimensions associated with preventing and combating the phenomenon of begging, as well as the proposed therapeutic and preventive measures to reduce it. The first requirement: The concept of begging

International terrorism has adopted many methods and forms. From the kidnapping of diplomatic envoys and bombings of the headquarters of diplomatic missions to assassinations of presidents and public figures; Ending with the waste of people’s lives and their honor - old men, women and children - as well as the kidnapping of individuals, whether they are foreigners or ordinary citizens (who do not enjoy international protection), with the increase in attacks against diplomatic missions and public institutions, and the placement of explosive Through public methods and mass killing, which results in a threat to security and stability in all societies. Therefore, countries have ratified a large group of international agreements that strive to eliminate the threat of terrorism on the international and regional levels. Many conferences have also been completed at the governmental and non-governmental levels to create arrangements and means aimed at addressing this grave danger of the phenomenon of terrorism.

The concept of legitimate defense is considered one of the established constants and
concepts that is self-evident, because this right has a mental and logical correlation
that is completely consistent with the right of states to survive. Based on this right,
states strive to establish everything that would consolidate the constants of this right
in order to preserve their existence. The exercise of the right of legitimate defense
represents an exception to the general principle that prohibits the use of force in
international relations or the threat thereof. In order not to expand on this
exception and to prevent this right from turning into a new aggression, the exercise
of this right has been regulated by specifying some of the conditions that accompany
it. The act of aggression and other conditions related to the act of defense. For this
reason, the Charter regulates the means of deterrence for any act that could
constitute aggression, the most important of which is the use of military force to
suppress it, whether in the form of individual legitimate defense or in the form of
collective legitimate defense.

Since the end of the isolationist principle during the era of Woodrow Wilson until the events of the occupation of Iraq in 2003 during the era of Bush, it has become clear that the policy of the United States of America since its establishment in 1776 AD has been based on two principles: (isolation and non-isolation). The first principle (isolation) represented an old trend associated with the ideas of the first president of the United States of America (George Washington), who ruled the United States of America from 1789 AD to 1796 AD. His ideas remained in effect until the 1940s. The Spanish-American War in 1898 AD was the first international war in which the United States of America won, as its forces reached the Pacific Ocean to the Philippines. Following that war, the United States of America was preoccupied with developing its naval capabilities and internal activities more than its external interests. As for the second principle (non-isolation), it represented the modern trend, as it began in the 1940s during World War II, which confirmed the United States of America's exit from its (isolation) and its involvement in global issues. The motive that pushed it out of its isolation was in fact the economic motive in the first place. This fact is linked to the economic system and the reality of the expansion of capitalism. The first principle (isolation) emphasized that the United States should adopt a policy of (neutrality) and not interferes in the affairs of countries. Especially the influential European conflicts at that time. With the condition that European countries should not interfere in the affairs of the American continent as well. However, the peak of industrial development led the United States of America to completely remove its first cloak (isolation). Even a member of the American Senate at that time said, "American factories today produce more than we can consume, and from here we see that fate has drawn our policy for us. World trade must be in our hands, and there is no doubt that we will seize it. We will establish trade bases all over the world to distribute American products, and we will fill the ocean with our fleet." From here, American ambition began to expand and gradually move towards going out into the world to participate in it. What also reinforces this view is that the United States of America witnessed an industrial renaissance around 1850 AD, and the acceleration of industrial capitalism increased with the end of the American Civil War (1861-1865 AD). American production increased, which made it a surplus that the American local markets were unable to absorb, as the United States of America jumped to first place in industrial production in 1894 AD, and its industrial production at that time was twice that of Britain and half that of the European continent, after it had occupied fifth place in industrial production in 1840 AD, and thus it began to search for markets to dispose of the surplus production that doubled as a result of its industrial renaissance.

The knowledge economy plays a pivotal role in achieving sustainable development by focusing on innovation and technology as key factors to enhance inclusive and sustainable economic growth. In this context, China and India are among the leading emerging economies that have increasingly relied on developing the knowledge economy to achieve sustainable development goals. The knowledge economy in both China and India has been a major driver of sustainable development through the promotion of innovation and technology. China has emerged as a key player in advanced technological industries, while India benefits from innovation in digital sectors and technological infrastructure. Both countries are working to integrate the knowledge economy as part of their sustainable growth strategies to strike a balance between economic development and environmental protection.

The crime of telephone fraud, like other electronic crimes, is committed without the perpetrator making any muscular effort, as all the perpetrator needs are electronic skills and sufficient mental knowledge of mobile phone technologies and familiarity with some information programs. Perhaps this makes the crime of telephone fraud one of the crimes that is tempting for the perpetrator. Therefore, combating this crime requires protecting society from fraudsters with their fraudulent means and methods, in order to ensure that they are prevented from illegally seizing the funds of individuals and institutions. This is achieved by the concerned authorities using advanced technical means to protect others, as well as exposing the perpetrators of these crimes to legal accountability and ensuring that they receive the appropriate penalty.

Considering the electronic and technological development witnessed by the world and the development of payment methods from cash to electronic and in many areas of life, which contributed to facilitating multiple means of fulfillment, and among these means is the electronic check, which is one of the electronic means that are used instead of paper methods, and this check is used by writing it and dealing with it between individuals in an electronic manner, as it is one of the easy and fast means of fulfillment between people, and this check has the same specifications as the paper check and is subject to the same law to which the paper check is subject

The basis of the legal regulation of the contract is that it is a system of private law and its strong foundation, and because the economic interests achieved by the contract are unlimited, on the one hand, and on the other hand, an attempt to monopolize one contractor and impose his dominance over another contractor. Therefore, the modern legislative policy, in formulating the texts governing the contract, tended to replace the will of the legislator with the will of the contracting parties, and to weaken the principle of the authority of the will. That legislative policy made some contracts whose provisions mixed between the branches of public law and private law. Therefore, standards were raised for the purpose of establishing differentiation in the interface of these contracts. Are they public law contracts, or are they private law systems?

The principle of transparency is one of the most important principles adopted by financial legislation to promote values of integrity and protect public funds. This principle is based on the obligation of all authorities to work with complete clarity during the preparation, approval, and implementation of the general budget, particularly regarding the preparation of financial statements related to expenditure and revenue procedures and their announcement to the public, oversight bodies, and public opinion. Based on this, these procedures are evaluated to ensure their compliance with lawful conduct.
This principle relies on the availability of certain standards, the most important of which are the disclosure of financial data by official entities and their periodic publication, adherence to timelines for budget preparation, approval, and implementation, as well as the submission of the final account to the legislative authority for reconciliation with previously approved allocations and subsequent ratification. However, these standards have not received adequate attention from the authorities within the state, constituting a breach of the principle of transparency.

The international conflict over oil in Iraq may lead to serious economic and security impacts on the country, as I mentioned in detail previously, and to address these negative impacts and reach sustainable solutions, there are several steps and measures that can be taken, such as diversifying national income - reforming the oil sector - enhancing governance and transparency - regional and international cooperation - achieving national reconciliation - enhancing security and stability, and others.

The judiciary is the main pillar for preserving public rights and freedoms, especially with regard to administrative judiciary, as it deals with an important aspect of the functional and professional life of a wide segment of society, and decides on matters related to public office. Therefore, it must enjoy complete independence that enables it to carry out the tasks entrusted to it, and the Iraqi legislator has worked to provide sufficient guarantees in this area.