Journal of Kufa legal and political science

There are 28 federal states in the world, including Iraq, which implemented two federal experiments. The first experiment was between the two Hashemite monarchies in Iraq and Jordan in 1958, while the second experiment was implemented within the framework of the new Iraqi political system that was established after 2003.
There is no doubt that the external factor was influential in both experiments, which confirmed the lack of popular satisfaction in general, which led to the rapid collapse of the Arab Union, and confront the Iraqi federal system a lot of challenges and problems.
This research seeks to answer the following question: Were the federal applications in Iraq a popular or governmental will, and whether they had similar or different elements?
This research was divided into two sections. The first topic dealt with the Arab Union, which was established in 1958, while the second topic dealt with the federal system which was established in 2004.
The most important conclusions reached in this research are:
1-Difficult to classify the type of Arab Union, the opinions were distributed among this Union Confederation or a real union or personal union. It may be from two states and lasted about six months. Most of the legislative and executive powers were concentrated in the President of the Union.
2-The federal system in Iraq was established constitutionally after 2003, by transforming the form of the Iraqi state from a simple unified to a federal. In spite of the distribution of the individual and joint competencies of each bodies of the federal state authority and the Kurdistan region and the provinces, but did not prevent interference in the terms of reference. This union has been going on since 14 years

It is known that the law does not care about human behavior and does not regulate it unless the behavior has an impact on society, as the law is a set of rules that regulate relationships between members of society, whether it is a relationship between an individual and an individual or a relationship between an individual and society. Although the legal rule is a rule that cares about behavior that has an impact on society, the impact that results from human behavior and prompts the law to intervene is not only a direct impact, but an absolute impact. Attempting suicide does not have a direct impact on the non-suicide, but the impact it has on society is an indirect impact.

International terrorism has become one of the most controversial topics in modern analyses at all levels, especially at the current stage of time, which has witnessed a huge increase in terrorist operations. Terrorism is one of the most dangerous phenomena that threaten the security and safety of societies. Its danger still extends to most countries, and no society is safe from it. In recent years, it has increased in a way that has made it take on new forms and shapes, and has become a real threat to the international community and the stability of its institutions. Therefore, it has become necessary for the state that is exposed to this type of threat to use all means to confront these risks resulting from terrorism. Whether these means are at the internal or external level, which are necessary to preserve the basic interests of their societies.

The violence and its uses have effective aftermath on political and social and economic and psychology situation. In case of violence most researchers and analyzers agree that it is reaction for some situation and there are different theories which tries to find violence's causes, but the main case is how we could study concept of violence and for searching on it causes generally and analyzing aftermath of social deporting in special shape and considering it a part could not separate from causes of violence, also considering it as threat could damage society, while solidarity and social binding represents main matter which people fights for defending it for preserving principle of society building and by that the groups which feels that its denoted will be dangerous for state's unity.
The concentration character on concept of social deporting and its role in society which was un-known in previous, will shows some sides of deprivation which could pass material and incorporation and it is vibrant subject and detector of nature of social environment in any society. Deporting is not personal matter and it is not because of individual's abilities, but it is collecting of some social results and limited views on executing of environment for its occupations and it is not political situation only, and it is not relates with some people, but it is public situation and problem of all in the same time, the social deporting is could be describe as continuant deprivation and it is not temporary situation because it is a crises have many dimensions and ingredients such as deprivation in works fields and incorporation and real consuming which is most people's target and political participating and other of operation of social reactions and by that, deprivation will results defeating and fail and feeling of deficiency by deported persons and makes them desires to atoning it by aggression or by accurate meaning, violence.
For treating dangerous of social deporting and reducing it, requires from us to control it and organizing economic and social and culture and psychology life's fields and reducing deporting degrees and greatening incorporation and actualizing of containing and assimilating, the real citizenship.

Since the electronic signature is one of the legal and technical devices that have been integrated to facilitate trade and protect property against computer crime and to cope with technological developments, the Iraqi Parliament has adopted Law No. 78 on the signature and electronic exchanges in 2012. This law came both to constitute a legal framework of the electronic exchanges and introducing the electronic signature to ensure a certain security of these exchanges against the fraudulent actions.
In this article we will know if this law allows to set up a secure electronic signature to achieve the objectives of the law, and the criteria set by the legislator are sufficient to ensure the reliability of the electronic signature. All this with a comparative study with French law

The speculator who practices the speculation in the stock market, has a major role in making it legal or illegal. If the speculator depends on his/her experience and ability in the stock market and enables to seize the opportunity of the forecasting changes in prices in the future, then the speculation will be legal whatever he/she gets profits. If not, and he/she seizes the opportunity of the artificial difference in prices, the speculation will be illegal even if he/she gets a simple profit. The speculator here causes an artificial ascending or descending in prices by following fraudulent ways for manipulating in prices of the stock market in artificial ways for achieving his/her goals and taking an advantage of the security price difference in the stock market, knowing that the censorship plays a big role in controlling prices ovement in the stock market

Contracts are concluded in order to be performed, the rescission of contract is an exception. Failure to perform the contractual obligations undermines the stability of the legal relations and positions arising from the contract, which is a waste of effort, time and money and a detrimental effect on the economic function of the contracts. The law makes rescission as a remedy for the debtor's breach of its contractual obligations, and then the parties return to their positions before concluding the contract, which may serve the interest of the creditor in escaping of the contract which there is no hope of remaining, thus enabling the creditor to enter into a new contract.
At the same time, however, the rescission is a serious remedy that leads to collapse of contract, destabilizes the established legal centers and runs counter to the general rule that contracts must be performed. The general rules aim at guaranteeing the performance of the contract, Hence, the rescission described as a precautionary measure and an exceptional remedy. The principle that contract is to be performed, preserving the life of the contract as much as possibPle and keeping it in line with the general rules. It is unfair to cancel a contract that required time, energy and expenses for its conclusion, there are large contracts important and influential on the economies of countries takes a long time or include multiple performances, so it is unfair to end after performing a large part of it.
It is said, therefore, that the contract should not be canceled altogether, but alternative treatments can be resorted to such as the reduction of the price and partial rescission, which leads to the maintenance of contract, even partially, as long as the contract accepts to dividing.
For these reasons, there is a need to look for a system aimed at maintaining the contract, even partially, and to protect the interests of its parties, especially in important or international contracts, whose termination results in greater damage than those resulting from an attempt to remedying it otherwise

Technological progress in the world of communications has helped make the world look like a small village, which has been reflected in the emergence of new ideas that are in harmony with this development, including the trend towards (global markets) and what it requires in terms of the necessity of integration into the global economy through the liberalization of the movement of goods, services, capital, information and labor, facilitating access to international markets and removing barriers that stood in the way of commodity and financial flows, in addition to liberation from national laws and legislation, removing most restrictions on exchange control and opening financial markets to foreign borrowing.

The rule of law requires that the various state bodies be subject to its provisions and not to deviate from them, out of respect for the principle of legitimacy, which requires that all actions issued by the public administration be consistent with what it requires, as one of the public bodies of the state, while being subject in this context to parliamentary and judicial oversight to ensure respect for legitimacy. Since administrative work is subject to the rule of administrative confidentiality in an effort to preserve the public interest and make the administration work with great freedom in accomplishing the tasks assigned to it, as well as protecting the privacy of individuals, a kind of separation has been created between the administration and the decisions it issues and those dealing with it, especially with the administration adopting the privileges of public law based on subjecting those dealing with it to what it issues by its sole will without obligating it to state the reasons and justifications for its decisions, and if the requirements of democracy require communication and dialogue between the rulers and the ruled.

The process of forming a government in democratic systems is based on competition between political forces with different orientations in order to win the elections. The winning party or coalition is the one that assumes this responsibility, which is led by the most popular among voters among the winners in the elections, i.e. the one who achieves the largest percentage of votes in the elections. Therefore, the powers and authorities of the president or prime minister granted to him by the constitution are broad, and the parliamentary majority on which he relies in voting on important legislation and decisions allows him to manage the affairs of the government. However, in exceptional circumstances, political forces may resort to a partnership government based on consensus between political parties, similar to the consensus models used in countries with ethnic and racial pluralism such as Switzerland, Belgium, Austria, and others.

The control of public money is a priority of the modern state, because of changes in the administrative systems of countries, including Iraq, which saw after 2003 a major change in the administrative system left more effects on the mechanism of the distribution of powers between the Center and the provinces and regions, including financial jurisdiction in this research, The role of the Financial Control Bureau, which has original jurisdiction over oversight, as well as the Integrity Commission, which is considered to be the most recent in Iraq since it was established under the CPA Order and adopted by the 2005 Constitution as an independent body exercising supervisory authority to protect public funds from losses.