Journal of Kufa legal and political science

The research aims to clarify control legislation issued by the provincial councils, and to detect overlapping powers, as the Provincial Law No. 21 of 2008 grants provincial councils authority to issue local legislation, with subject them political and judicial control, while the Iraqi Constitution of the year 2005 / Article (122) grants provincial councils a special status (does not put the provincial council for the control or supervision of any ministry or any entity that is not linked to the Ministry of private) and has financial, and this means that the Iraqi constitution has adopted absolute decentralization, while the aforementioned provincial law was restricting powers with subject them political and judicial control, not including administrative control to subject, that is mean moving away the political and judicial decentralization, without prejudice to the administrative decentralization, by making provincial councils isolated from the central authority in the doing of its business.

يعتبر الفساد افة تطيح بجهود التنمية في الكثير من البلدان، وتتفاوت جهود الدول في مواجهة هذه الافة بين دول تكافح الفساد، ودول أخرى يكافحها الفساد.
Corruption is a scourge that undermines development efforts in many countries, and countries' efforts to confront this scourge vary between countries that fight corruption and other countries that are fighting corruption. In this context, the "United Nations Convention against Corruption", which was adopted by the United Nations General Assembly on October 31, 2003, and entered into force on December 14, 2005, expresses the most important international standards for combating corruption in terms of preventing acts of corruption or in terms of prosecuting and punishing these acts civilly and criminally. The United Nations has also adopted a large number of resolutions related to combating corruption, the most important of which is its resolution 51/191 of December 16, 1996, on the International Code of Conduct for Public Officials, and other relevant international standards.

This research is a modest attempt to identify the competent authorities to consider the claims of nationality and the competent authorities to hear appeals in the decisions issued in them, in addition to shed light on finding solutions to the problem of incompatibility in the jurisdiction of these appeals between the federal authorities and authorities in the Kurdistan Region in Iraq by giving proposals for legal texts Through which access to legal texts that fit the reality and needs of the current situation and compare the provisions of Egyptian and French law with a view of the Iraqi law in detail of the subject

The Constitution of the Republic of Iraq for the year 2005 granted the governorates not organized into a region broad administrative and financial powers to manage their affairs according to the system of administrative decentralization. This trend reflected the philosophy of the constitutional legislator based on limiting the powers of the federal authorities and leaving the rest to the regions and governorates not organized into a region, which was adopted in Article (115) of the Constitution. The Law of Governorates Not Organized into a Region No. (21) of 2008, as amended, came to confirm this trend, whereby the local governments in the governorates enjoyed a large amount of powers, of which the governorate councils, as the legislative and supervisory authority in the governorate, had a large share. These councils were granted the power to enact local legislation to organize their administrative and financial affairs in a manner that does not conflict with the constitution and federal laws that fall within the exclusive powers of the federal authorities.

The crime of money laundering is one of the dangerous era crimes that carry a lot of serious and real challenges that could adversely affect the national and global economy, and varies the level of this crime and gravity from one country to another, and this is due to the efficiency of the financial institutions in this country or those levels but it can be said that there is no at this particular time we live in the third millennium, the state of this crime untouched in any way and the crime of money laundering are white-collar crimes, which are defined as (the crimes committed by people who have a high place in society through the valuable Their work is important professional) This means that they are crimes committed by groups exploiting their functional influence, economic potential, social status and expertise to avoid legal accountability. This is a great difficulty for the competent authorities to detect crimes committed by these groups to achieve personal benefits and profits by illegal means.
The international efforts to fight this crime have accumulated, and this collusion results from the fact that this crime is one of transnational crimes, that is, its danger extends to more than one country. Many organizations have been established and many national and international legislations have been issued to combat this crime and reduce its effects. , As far as the International Criminal Police Organization (Interpol) is concerned. From the text of Article II of the Constitution of the Organization, which provides for "securing and developing the widest mutual cooperation among all criminal police authorities within the framework of existing laws in different countries ..." We find that the organization worked to combat this crime, using various means and methods. In this research we will present this crime and three demands. The first is to define this crime and then we will present in the second the characteristics of this crime and its effects.

The topic of building the civil peace is one of the political theory topics that searches or discusses the similarity that may pass the phase of interior armed conflicts and to help rebuilding the political community. Fragile states might be the real laboratory to examine the strategies of rebuilding the civil peace. This state suffers from severe split its social components, reflecting on building the nation-state.
The study tries to analyze the relation between the Fragile of state on performing its roles or distortion, connecting with collapse of the civil peace and aggravation of interior conflicts. In addition to clarification of civil peace building strategy and its levels and machinery as an access to overtake the frailty of the state and to compare it to Iraq after ISIS.
The study starts from a vision that sees the increase of interior conflicts and strifes' situations because of growing the different loyalties and identity issues that heighten strongly after a world's arrangements after the cold war in general and after the change of the political regime in Iraq in 2003 in particular. That formed increasing pressures on the roles and performs of the country, making most of the countries that didn't complete its building and abilities from passing those problems that led to a failure harmonies with the increasing of interior conflicts, its aggravation and disable on civil peace building can make a balanced established structure that realizes the opposing operations and options.
Based on the above, the hypothesis of the study based on the existing linkage and an extreme connection between the fail of basis of civil peace and failure of the state. The dysfunction of a country lead to disability of achieving the civil peace and then to form the civil peace rebuilding, including its machinery and strategies, a new environment to change the causes of conflicts and to present a chance to promote the abilities, framework and national structures that guarantee to achieve the stability and overtake the failure factors.
In light of the above, the research will be divided into three main chapters:
First: What are the civil peace and a failed state?
Second: the civil peace challenges in Iraq
Third: the strategies of civil peace building in Iraq after ISIS.

In accordance with the principle of the legality of disciplinary sanctions, which is the lack of multiple disciplinary sanctions on the same employee as a result of the violation of one administrative and is widely practiced in the field of criminal, this principle of legal recognized by the rules of justice requires that the imposition of one penalty on the employee for the same act, which Is often the heaviest punishment among those disciplinary punishments prescribed by the legislator unless the law otherwise provides or the other penalty shall not be a penalty for the first original sentence However, there are cases in which there is a multiplicity of disciplinary sanctions resulting from a single offense stipulated by the legislator but which does not prejudice the origin of this principle. There are also certain conditions that must be met in order to apply this legal principle. And that the Iraqi legislator in the law of discipline of state employees and the public sector No. 14 of 1991, amended, provided for this principle, which was approved by the judiciary in France, Egypt and Iraq.

The electronic transfer contract has a growing importance in the banking world. Indeed, the bank exercises the transfer of funds according to the request of the client for minutes by electronic means, and this can save time and be considered more economical compared to the classic method of the transfer adopted.
And thanks to this importance of this contract currently, we will explain the concept of this contract and the responsibility of the bank and the attitude of the Iraqi legislator towards this subject

Democracy is based on many basic pillars, such as the separation of powers, the independence of the judiciary, the rule of law, and fair elections, in addition to political and partisan pluralism, because one of the features of a democratic political system is the presence of political parties that participate in elections in their various forms, practice the peaceful transfer of power, and constitute a monitoring tool for government performance, in addition to practicing internal democracy in its various frameworks and structures. Therefore, political and partisan pluralism makes differences in interests and programs a means of supporting political stability and not chaos and hostility, and prevents the concentration of power and rule in the hands of one person or a specific group, and ensures political participation by different parties, and contributes to building an enlightened and effective civil society. The Political Parties Law is one of the important laws stipulated in the Constitution of the Republic of Iraq for the year 2005 in Article (39/First and Second). Given the importance and role of parties in political life, organizing the work of political parties requires the existence of legislation that organizes party work, in terms of guaranteeing the rights and freedoms of parties guaranteed by the Constitution on the one hand, and organizing their relations with the political system and society on the other hand. It represents the nerve of political life and a pillar of the pillars of building a legal state aimed at respecting the law.

Electronic arbitration is crucial to settle e-commerce disputes; however, the rules of the Iraqi law are inconsistent with e-transactions requirements. As for the law applied to the disputed matter, the traditional rules seem to be applicable to e-arbitration nonetheless there is an obstacle to verify parties’ mutual habitat-place. In contrast, with regards to the law applied to formality, Article 26 of the Civil Code is in sufficient to rule the situation. Eventually, as for the law applied to procedures, the rule of place of arbitration is difficult to apply because both parties and arbitrators are likely to be located in different countries. Several theories have been suggested to solve the issue, we have suggested that the place of arbitration may be determined by the arbitrators themselves because it is easy for them to agree about, unlike the parties who are basically disputed

The right to freedom of expression is one of the rights inherent to humans, and one of the most prominent forms of this right is (demonstration and peaceful gatherings). The freedom to demonstrate and assemble peacefully is of great importance in the lives of citizens, as it is the means by which individuals express their opinions and desire for reform in various aspects of life. The right to demonstrate and assemble peacefully is no less important than the right to vote. If the right to vote is a means for the peaceful transfer of power, then the right to demonstrate and assemble peacefully is, on the other hand, an effective means of confronting the authorities and informing them of the needs of citizens. It also represents a means of pressure exercised by peoples to push governments to do what the people want, as every citizen aspires to see his rights protected in his country, but at the same time this freedom must be exercised away from causing any disturbances or chaos that threatens security and public order in society.