Journal of Kufa legal and political science

The penal text has goals and objectives that the legislator seeks to achieve through it, perhaps the most important of which are the criminal protection of social interests that he assesses as worthy of such protection and care, providing security, stability and tranquility for individuals, and satisfying the social sense of justice through the impact of the penal sanction on the perpetrator of the crime. Because common sense dictates that everything that has a beginning can come to an end. The expiration of the penal text also means putting an end to its legal existence. The expiration of the penal text means putting an end to its legal existence. This is achieved by repealing it legally.

This research tackled the freedom of opinion within the scope of Public Opinion, which is one of the important subjects that deserves to be researched for many reasons, of those is its relation to the public employment through which, the employment, we can meet the public needs by the services provided by the public facilities. The second reason is that it is one of the most recent subjects to appear on the level of Iraq and for the rarity and lack of studies which dived into it, in addition to a another important reason which is almost the most important of them is that the subject is related to human rights. The individual has no value nor dignity if he lost his freedom. Therefore, we find an increasing international interest in the human rights and their freedom. Those freedoms emerged originally in the international and regional agreements, constitutions of the countries as well as the regular acts and legislations. Freedom of opinion is not absolute but vary from one country to another and from one time to another according to the type of the job and its importance.
Based on that, the constrains imposed on some categories of employees represented by the top level managers, judges, general prosecutors, internal security forces and military forces have been tackled in this research.

It may have been difficult to think about the existence of electronic (information) warfare and its resulting effects as long as there was no real war taking place on the ground, but today’s reality has surpassed this belief and extended in strides to resemble the period of the first appearance of warplanes, in 1914, in which Its missions began with reconnaissance and then turned to carrying out military purposes. The use of military aircraft at that time was not regulated by law, nor was international humanitarian law in its current form.

The workers of judges and lawyers are those people who have been entrusted by the state with the task of applying the substantive and procedural law in the cases that are presented to them or that they are entrusted with, after they have obtained sufficient legal qualification in this regard and in the context of the many changes that have affected the law, there has been a major and purposeful change in The outlook on their role in the legal system, specifically within the scope of civil litigation, distanced them from their negative role with which some legal scholars portrayed them. .

Iraqi third parliamentary elections in 2014, which resulted in the formation of third constitutional government was one of the important phases of Iraqi political process. The wide political participation in that election refers to the desire of Iraqi people to take part in making decisions of the country in all fields whether political, economic, social and cultural ones. The study sheds light on the important stages of elections, and the complicationsthat passed through, and the final result of the new government presided by Dr. Hayder Al-Ebadi. To say the least about that election is that it resulted in forming of the third constitutional government, and this government would not be born without religious authority pressure in holy Najaf who demanded to change, and urged people to participate in elections. The religious authority calls political blocs to abide by the constitutional timing to form the three presidencies after declaring election final results. Also, the demands of some regional
and international calls to form the government especially Iraq has witnessed, during this election, a fierce terrorist attack where some parts of Iraqi cities, villages and districtsare invaded by terrorist gangs. As a result, thousands of people have been displaced and emigrated based on ethnic, racist and sectarian reasons. During this critical time, political blocs are required to neglect these unimportant issues to take one-man stand against terrorism forces. Constitutional government success during these conditions required setting up a governmental programme, which is announced in the council of representatives when Al-Ebadi's government acquired confidence.The programme includes solving the unresolved issues between the federal and regional governments.Also, the government has to develop the provinces that lack services or has high rates of unemployment, and building an inclusive national strategy that sets up solutions for all challenges that face Iraq whether from inside or outside.

Iraq suffers today from a unique phenomenon Nkrrt society in all staff, and all his joints, but a phenomenon of rampant corruption in all aspects of life, and perhaps this output certainly of poor oversight and the application of legal rules and poor equipment of the executive and the politicization of the judiciary and the complacency of the legislature in drafting laws beneficial to the community and stay away from the public interest and attention to the personal and financial.
Perhaps all these things pushed the country to the brink of collapse, especially with the presence of a handful intrusive live in kegs able to cover corrupt deals and Tzeysha protection and thus become defaulter and egg money and stole and manipulated the destiny of the people and the traitor at liberty Security punishment Voads much and this certainly make Iraq a backward country poor with it has the potential of enormous riches and make it in the ranks of the major powers, but the financial and administrative corruption and political push the country into the abyss. Perhaps this is what is pushing the researcher to addressing such topics with something of brevity, hoping that all roads are partially detailed in separate research.

The conquest launched by the Umayyad state in the Andalusian Peninsula, which extended nine centuries later, is considered a major turning point in world history, as Eastern and Western civilizations met through intellectual cross-fertilization at several levels, including political, ideological, scientific, and others.

The plan of the constitutional legislator in the Constitution of the Republic of Iraq for the year 2005 differed from the plan of his counterparts in all previous constitutional documents issued in Iraq, when he directly specified in Article (1) the form of the system of government by stipulating that (the Republic of Iraq is a single, independent federal state with complete sovereignty, the system of government It has a democratic, representative (parliamentary) republic, and this constitution is a guarantor of the unity of Iraq.

Democracy has its origin in the exercise of political power in the ancient Greek cities. In these cities, citizens meet periodically and regularly in the form of a general assembly, voting on laws, appointing judges and monitoring the work of the five hundredth council, and this system that was applied in the Greek cities was a limited direct democratic system. Some modern democratic systems resort to the effective involvement of the people in the exercise of power, and to achieve this end, these systems basically adopt the parliamentary system with reference to the people in some important matters practiced directly by themselves, so they keep the representative bodies elected by the people who exercise power in the name of the people with some aspects of direct democracy that make power in the hands of the people practiced by themselves, and this is the intermediate system that combines representative democracy and direct democracy, and therefore is called the system of “semi-direct democracy”.

This study dealt with the importance of water as an environmental part, and this study also demonstrated the dangers of pollution. So the study concluded with the Sharia prohibition of water pollution and The researcher also presented the most important rules ,principles approaches, ways and Sharia procedures as the bases for preservation of water resources , in addition to the rules of jurisprudence as the rules 'do no harm ' , preventative methods for the protection of public order, and the environment enact them to achieve this purpose, these methods can be replayed two ways, either distinct are either methods of prevention of work each is safe would protect the environment from pollution or methods of treatment , Or methods of treatment are in the form administrative sanctions infliction it authorities adjustment of the face of prejudice to the environment that have signed the agreement to reduce these cases and reduce the harmful effects of working on their application within the limits of legality.

We do not leave the truth and do not exaggerate that the topic of Kurdish-Israeli relations is one of the important and controversial topics and the difficulty of writing in it and this difficulty comes from two aspects: The first is the lack of research on this topic in the Iraqi library, and the second is the sensitivity of raising the topic at such a time through the occupation of the seat of power by Kurds who played a major role in the development of Kurdish-Israeli relations, and could raise the grudge of some or their fears, but we found that the truth should be told, and it must be said that international developments after the US occupation of Iraq and regional changes that contributed to feeding some documents, books and daily newspapers made us address this topic, and lift the veil on these relations through what we reached during the research.

The judicial oath is considered as an evidence of the proof that the foes used concerning to the decisive oath or the judge concerning to the complemented oath so as to decide the case and issue the suitable judicial judgment in the submitted case. But the foe who asks directing the decisive oath may retreat from this requirement and back again to the other proof evidences. And the judge may also want to retreat from directing the complemented oath to one of the foes for certain necessary causes. moreover ,the foe who is under oath may retreat from his oath that is done falsely because of his mind conscious , his fear of worldly and heavenly punishment , and his desire to regive the rights to their owners according to the relation of oath by psychological and religious sides of foe.
So this research tackles the matter of the foe or the judge from directing the oath and also the time of this retreat whether it is possible or not and the related effects from one side.And the matter of retreating the foe who is under the oath after doing the oath and before issuing the judgment in
both case rising the defence and before its rising. And it also tackles the retreat of the foe who is under the oath after doing the oath after issuing the decision in both cases ;contestation of the loser side in the issued decision against, and non-contestation the related effects of this from the other side