Journal of Kufa legal and political science

Drug crime has become a rapidly growing and alarming national and global problem. Most countries only became aware of it at the beginning of the twenty-first century due to the increase in drug use by various segments of society, especially young people, at all levels. This is due to the legal, political, social, economic, psychological and cultural factors that contribute to its spread. It has been scientifically proven that any type of drug greatly affects humans, as it leads to loss of consciousness to varying degrees and may lead to coma and then death. For example, types of narcotic substances are: (marijuana, opium, cocaine, morphine, crystal pills, and others). Despite the presence of some medical benefits of drugs, such as their use as painkillers, their misuse or increase leads to harm to human health. Also, technological development and the expansion of its means through the phenomenon of globalization in industrial societies in which economic and commercial interests are intertwined, which has exceeded national borders in terms of organization and planning, and in which organized criminal gangs have exploited this technological development to expand the scope of their criminal activities by consolidating cooperation with their counterparts inside and outside the country to reach all continents of the world, so that this crime has become one of the most dangerous crimes that threaten the internal and external security of the state. This is what prompted the national and international criminal legislator to criminalize this dangerous phenomenon and impose The maximum penalties, both nationally and internationally, are imposed on perpetrators of these crimes. The problem with this study lies in the seriousness of this crime and its hidden, rather than overt, nature, which has facilitated its spread. This is also due to the weakness of national and international oversight measures to curb the spread of this phenomenon, and the lack of clarity regarding the development of a comprehensive, inclusive definition of this crime, which would help establish practical methods for combating drug crimes. Among the main reasons for this study is the search for national and international methods to remove the obstacles facing the reduction of these crimes, and the pursuit of legislative guarantees to hold perpetrators of these crimes accountable in Iraq, in accordance with the current Law on Narcotic Drugs and Psychotropic Substances No. 50 of 2017. This law is in line with the latest international trends in combating drug and psychotropic substance crimes, such as the 1988 International Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which considers crime control a global issue. This law draws most of its provisions from international agreements.

The general entitlement of an agent to remuneration for the work he performs has undergone a process of change with the development of various legal systems. At one time, Roman law stipulated that all types of agency were gratuitous and prohibited the receipt of remuneration for it. Thus, it was distinguished from the practice of hiring labor, which was based on the honor and dignity of the agent's work rather than the receipt of remuneration for his work. However, this did not persist until the end of this law, which ultimately established the possibility of an agent being entitled to remuneration whenever he so stipulated. Although these fees were not initially a direct consideration for the service performed by the agent, they were sought pursuant to an extraordinary claim, not pursuant to an agency claim.

There are many issues that have perpetuated the reality of the political crisis in Iraq and its repercussions at all levels, such as the spread of corruption in all its forms, and the division of positions between political blocs. Among these foundational issues is the adoption of electoral systems to organize the political life of Iraq after the fall of the authoritarian regime. The political results of these electoral systems were not, in most cases, consistent with the magnitude of the challenges facing the country. Rather, they produced grave injustices that remained dependent on the dominance of the same political and sectarian blocs over the structure of the Iraqi state, its political system, and its economic capabilities. The aforementioned blocs, through the political process emerging from the transition towards democracy, turned to the emergence of a pattern of oligarchy and political utilitarianism in the management of state institutions through the exploitation of political money in illegitimate political work, in a process of quotas that included even those that were constitutionally independent, in addition to the division of the three presidencies, and the distribution of sovereign, ministerial, and administrative positions, as there is no peaceful opposition in the country, but rather everyone rules and obtains the wealth of government, in addition to the risk of the Iraqi state being exposed to the fragmentation of its national identity in light of the terror of terrorism and the escalation of conflicts. Regionalism and the utilitarian, relational bloc position on it.

Praise be to God, Lord of the Worlds, and peace and blessings be upon the Master of Messengers, Muhammad (peace and blessings be upon him), his family and companions, and those who follow them in righteousness until the Day of Judgment. The Islamic Shari'ah was revealed by God Almighty to be an eternal law, valid for all times and places. One of the characteristics of this Shari'ah is its comprehensiveness and suitability for all times and places. One of the beauties of our Shari'ah is that it has prescribed for its people what benefits them in both their religious and worldly lives. This is not just because they are still alive, but rather it has prescribed for them what benefits them even after their death, out of its keenness to deliver the benefits that will enable them to reach the highest ranks. Just as the record of a servant is folded after his death, there are those whose record of deeds is not folded after their death, but rather good deeds are recorded and written for them after their death. This is from the grace of God Almighty.

The end of the twentieth century and the beginning of the current century - the twenty-first - were marked by what is called the "information revolution", as tremendous qualitative leaps occurred in advanced technology, including computer technology and related sciences. Perhaps one of the reflections of the use of computers and their widespread spread in our daily lives is the emergence of the concept of electronic commerce, as a currently approved application in concluding contracts and deals with the government and public sector companies or with private sector companies. This commerce relies primarily on electronic means, including computers and the Internet to complete it. Perhaps the most common form of this commerce is the one in which deals and contracts are concluded via the Internet or as it is called remote contracting.

There is no doubt that the causes of poverty and marginalization are similar in many countries, and their degrees may vary depending on the different historical, social, and political circumstances and specificities. However, they are mostly the result of policies supported by elites who govern most developing societies based on narrow and unfair interests for the vast majority of the population. This situation usually arises under institutions that perpetuate inequality and marginalization, and operate in the shadow of a deteriorating economy and problems that hinder collective action. Therefore, policymakers find themselves unable to form a common vision that transcends sub-identities, and thus the focus is constantly on narrow self-interests. These results portend the transformation of social divisions into chronic states of instability and open conflict, which plunges the country into a cycle of political, economic, and social exclusion.

The concept of good governance has witnessed a significant shift over time, from governance priorities aimed at increasing economic efficiency and growth to governance policies and institutions that ensure the greatest degree of freedom, genuine participation, sustainable human development, and human rights, including the right to development.
The right to development is one of the civil, political, economic, and cultural human rights that authorities must provide and guarantee for current and future generations. It also has an economic dimension, as its realization is linked to a number of economic policies that promote and protect it. These policies must be based on an integrated legislative framework.
The interconnection between good governance and human rights is close. Therefore, governance characterized by transparency, responsibility, accountability, and participation, and that meets public aspirations, is a basic and indispensable condition for the realization of human rights, including the right to development. In this research, we attempt to verify the validity of this hypothesis. We also aim to answer the question: How can good governance enhance human rights guarantees, including the right to development? What is the appropriate general legislative framework for achieving good governance, which in turn guarantees the right to development for all? This is the subject of our research. To answer this question, we will discuss the issue through the following axes: First, the conceptual framework for good governance and the right to development. Second, the legislative framework for good governance and the right to development in Iraq after 2003.

The current study aimed to clarify the role played by strategic agility in crystallizing the strategic synergy of the administrative reform process through the mediating role of strategic flexibility. The study data were collected from the opinions of individuals working in the legal, financial, administrative, student affairs, continuing education, human resources, research and development departments and other departments affiliated with Al-Muthanna University. The number of those who expressed their opinions was (85) individuals. The study hypotheses, which revolve around the relationships of correlation and influence between variables with each other, were tested using several statistical methods and structural modeling, and using the programs (SPSS-V17, Lezelar, AMS). The results of the study proved the validity of most of the hypotheses and concluded that the university departments studied are keen to develop and organize training programs for their members in order to provide assistance to the departments and individual units within them. In this regard, a set of recommendations was formulated that can be used to develop the reality of higher education in Iraq in general and in the studied organization in particular.

The constitutional systems of federal states have varied in choosing the mechanism by which powers are distributed between the federal government and the regional governments. It seems that the aforementioned constitutional systems have been influenced by several factors that have left a clear impact on the difference in the method followed in distributing powers, including the philosophy on which the political system is based and the method of establishing the federal state. From this, we find that the Constitution of the United States of America of 1787 worked to expand the legislative powers of the regions, while the influence of the legislative powers of the regions is narrowed in other constitutional systems, as in the Brazilian Constitution of 1988. As for Iraq, after the Constitution specified in Article 110 the exclusive powers of the federal authority, it left everything else to the regions by stipulating the shared powers under Article 114. It is noted that Article 115 of the Constitution granted the law of the region supreme or the governorates not organized into a region in the event of a conflict between the federal law and the local law. (Regional Law), and thus it appears to be an unusual method adopted by the constitutional legislator under the federal system adopted by the Constitution of the Republic of Iraq in 2005.

Reform is the antithesis of corruption. In fact, it is the most effective treatment for rampant corruption and the best way to eradicate it. Reform is a broad concept that encompasses all aspects of life affected by corruption. There is political, legal, economic, social, and administrative reform. The word "reform" appears several times in the Holy Quran as the antithesis of corruption. God Almighty says, "Those who spread corruption in the land and do not do good." ( ) and, "And there were in the city nine men who spread corruption in the land and did not do good." ( ) Reform is the rule and corruption is the exception. God Almighty said: (And do not cause corruption on the earth after its reformation.....) ( ), and the Holy Qur’an has shown the error of those who think they are reformers when in fact they are corrupters. God Almighty said: (And when it is said to them, “Do not cause corruption on the earth,” they say, “We are only reformers”)

The oversight function of the House of Representatives represents the most important aspect of its activity in the State. This function may be more important than the process of legislating the laws, by monitoring the government through means of monitoring such as questions and questioning, withdrawing confidence from the ministry and presenting a general subject for discussion and forcing it to justify its actions before the House of Representatives. In fact constitutes a fundamental guarantee of the rights and freedoms of individuals.
Texts alone are not enough to achieve the effectiveness of parliamentary oversight. Rather, the texts must be applied on the ground, in accordance with the principle of legality. This application would confer upon the State legal status and achieve the rule of law. Parliamentary control and mechanisms of practice vary according to the political systems. The forms of parliamentary oversight and their impact on the state system are evident through their practical application.
This is what led to the imbalance in the balance between the legislative and executive branches in favor of the latter. We note the weakness and decline of the legislative and supervisory role of the parliament and the interference of the executive branch in the legislative sphere in the form of In addition to its executive function, the legislative function in a wide range, whether by participating in the effective process of passing laws. The parliament's effectiveness has greatly reduced the effectiveness of its oversight role and has suffered from shortcomings and regression in the systems This censorship is no longer a reality and is generally affected, and there is no meaning and resonance as was the practice in traditional democracies.Hence the need for legislative reform of the oversight role of the House of Representatives, and to strive to make this function more effective and have a great impact in achieving balance










between the two authorities and achieve ministerial stability. Thus, the oversight role of the House of Representatives is the real weapon that is denounced by the executive authority to reduce its deviation when exercising its powers Constitutionally prescribed.

An international employee is an active member of the United Nations. He or she is expected to perform their work independently of any functional affiliation or connection to their home country, despite having nationality. Therefore, this research aims to examine the reality of employees working for the United Nations and the extent to which they can be subjected to the rules of international administrative responsibility. It also aims to critically analyze the United Nations' responsibility to hold its negligent employees accountable. As a qualitative study, the research relied on textual analysis, drawing on secondary sources available in the library of the College of Law and Political Science at the University of Kirkuk on the one hand and sources available on the internet on the other. In addition, it relies on the texts of some international agreements, such as the United Nations Charter of 1945. The study concluded that international employees working for the United Nations are obligated to perform their job duties. They must strive to achieve its goals and refrain from pursuing personal interests. They must treat all members of the organization equally in terms of rights and duties, otherwise they will be held liable for any harm resulting from their violation of their duties. The injured party has the right to initiate legal action against the United Nations and its employees, in accordance with the rules of international legitimacy and the extent of the consequences resulting from the international employee's deviation. Keywords: international employee, United Nations, UN Security Council, international administrative law.

The 2005 Iraqi Constitution explicitly adopted the parliamentary system as the system of government in Article 1, and detailed the method or mechanism for appointing the Prime Minister under Article (76). Since the Prime Minister is primarily responsible for the general policy of the state, he is presumed to have the authority to make the necessary decisions to manage the Council of Ministers as he sees fit, enabling it to properly carry out its duties as one of the hierarchies of executive authority. Furthermore, the Council of Ministers must work in a unified manner as a cohesive bloc striving to achieve a specific goal or goals, as is the case in traditional parliamentary systems.

For many years, the idea of "governance" has been an area of interest for a large number of works that have been particularly marked by their heterogeneity. The first is that these works are linked to different scientific disciplines and have different theoretical roots, from the institutional economy (in which this idea emerged) to the field of international relations studies, through economics and sociology of organizations, to the development economy and management sciences.
Inspired by these diverse intellectual currents to develop the concept, the term "governance" has now acquired multiple connotations and is capable of a variety of uses. Thus, the term was associated with all types of public or private policies, and was employed according to various measures to intervene in studies ranging from the management of economic enterprises to local government and regional planning. From this point of view we formulate and study ideas such as governance in the field of labor, monetary policy and governance in the field of economic institutions, regional and local governance, and global governance ... This is not limited to the fact that the fields and fields in which the concept is used are wider than To be listed here .

The insurance industry is a vital part of the national economy, and it cannot grow and develop in isolation from the global economy. This requires that the insurance process keep pace with modern developments. This requires offering insurance services electronically and moving away from traditional insurance contracting processes. This provides a range of advantages that are consistent with the speed and flexibility of commercial transactions. Using the Internet to offer insurance services is a new concept for developing countries and requires awareness and understanding of the importance of e-commerce for economic development and achieving the desired goals of insurance companies. Therefore, clarifying the legal regulation of e-insurance is a necessity necessitated by the reality of risk-filled commercial life, especially for owners of investment companies who wish to conclude insurance contracts for their investments, away from the administrative complexities that hinder investment attraction. In addition, offering insurance services electronically requires countries to adopt modern technical technologies and spread electronic awareness among consumers and insurance company employees using the information network for online shopping of insurance services. The difficulty of this research lies in the fact that most countries around the world have not regulated e-insurance in an independent law. However, some have adopted the idea of ​​offering insurance services electronically on the ground, based on... In this regard, we refer to the laws of e-commerce and electronic signatures, which define electronic contracts in general and how they are concluded and executed electronically. In Iraq, despite the issuance of the Electronic Signature and Electronic Transactions Law No. 78 of 2012, insurance continues to be practiced in the traditional manner, as we have observed in practice among national insurance companies that practice insurance only in its traditional form. In addition, there are several reasons that led us to explore this research topic, the most important of which are:
1. The concept of e-insurance, which emerged from the spread of electronic commercial transactions, is almost unknown, as the law, jurists' writings, and judicial rulings lack e-insurance as a separate title. This requires the development of specific provisions for this insurance, guided by e-commerce laws and the general rules for concluding contracts electronically.
2. The emergence of e-insurance applications, particularly in light of the strong commercial transactions, has prompted some countries to issue decisions related to e-insurance, most notably Decision No. (2) of 2012 regarding the use of the Palestinian electronic system for vehicle insurance and regulating its operating mechanism pursuant to the provisions of Insurance Law No. (20) of 2005. 3. The inadequacy of general rules in traditional insurance to address the consequences of conducting electronic insurance. Therefore, we have devoted our research to the topic of "Legal Regulation of Electronic Insurance - A Comparative Study." Through this research, we will shed light on several questions, including the concept of electronic insurance? Explaining the nature of electronic insurance? The characteristics and advantages of electronic insurance? What are the effects of concluding an electronic insurance contract? We will raise other questions throughout the research.
We will address our research topic in two sections, preceded by an introduction and appendices with a conclusion. We will devote the first section to explaining the concept of electronic insurance, which we will address in two sections. The first section defines electronic insurance, while the second section addresses the nature of electronic insurance. The second section addresses the effects of the electronic insurance contract, and it will be divided into two sections. The first section explains the obligations of the consumer (the insured), while the second section explains the obligations of the insurer.

Civil society represents a type of social, political and cultural organization that is more or less outside the authority of the state. These organizations, at their various levels, represent means of expression and opposition for society towards any existing authority. It is therefore the sum of structures, organizations and institutions that represent the foundation of symbolic, social, political and economic life that is not directly subject to the dominance of authority or the state. It is a margin that narrows and expands according to the context, in which the individual produces himself, his solidarity, his sanctities and his creativity. There are always margins of individual and collective immunity and distances separating the social level from the political level. These margins are what we can call civil society, through which, if established properly, we can achieve the good governance that all societies strive for, including our Iraqi society.

Laws represent the foundation regulating all relations and activities within the state, and are the central regulator of the constitutional process and political practice. Any reform process within the state must take the law as its starting point. Since Parliament is responsible for enacting laws, including those that address reform and development aspects in various fields, it is rationally and practically acceptable to begin by correcting the shortcomings facing this legislative institution and developing an action plan to develop it in form and substance, so that its existence and legal composition are commensurate with the scope of the functions it is supposed to perform to the fullest extent. Reforming Parliament is the first step towards legislative reform, and developing Parliament is an incentive to develop the legislative process. Based on these implications, the researcher addresses the issue of reforming and developing the Iraqi Parliament under the banner of legislative reform in Iraq, as a step towards building a sound government and a weapon in the fight against corruption. The research may not be sufficient to cover all the topics of the parliamentary reform topic, but the researcher hopes that this study will be one of the inputs to the topic, and that the results obtained from the research will be worthy of the attention of those concerned, and will open the door wide to future studies and research on the topic of legislative reform in general, and the reform of legislative institutions in particular.

This research studied the procedures for investigation and collect the evidence in the crimes electronic, as we found through the research that the world of information technology is world wide no bounded an end, and that means used in this crimes complex and varied.
This requires adeport onself by the legislator and the judiciary to take aset of reform stepes to confrontation this type of crimes.

One of the basic tasks of the legislator is to prepare the necessary legislative ground to accommodate societal developments and changes. Perhaps one of the most important developments that humanity has witnessed at the present time is technological development, and one of the most important crimes that accompanied this development are the emerging electronic crimes that affect private life, especially since the computer has become over the past decades a basic pillar for the goals of development in all areas of life, including various activities, whether economic, scientific, social, etc. The continuous use of information technology, whether in the form of information money or emerging trading methods, has led to the emergence of what is known as cybercrime, as this is an inevitable result of every emerging scientific or technical progress. This type of crime is based on two axes, one against money and the other against people, and its activity is derived from

In the name of God, the Most Gracious, the Most Merciful. O God, bless Muhammad and his pure and immaculate family, strangers on earth.
The textbook on the subject of Real Rights, taught in the fourth year of the College of Law, states: "The mortgage system is unknown in Islamic law, as its development has stopped at the possessory mortgage system... The mortgage of real estate without its delivery to the mortgagee is completely unknown in Islamic law. Unlike Islamic law, Roman law recognized two types of mortgages."
When a law student encounters this text, he or she truly feels weak and belittled, since they know from the first year of the History of Law course that Roman law, a human creation, preceded Islamic law by approximately a thousand years. How could it be more developed than Islamic law, which came down from heaven? Therefore, we conducted this research to determine the truth of what has been attributed to Islamic law.

The business environment is one of the distinguishing features of countries, regardless of their systems and legislation, due to its impact on other areas of life. It is directly linked to the economy of a country or another. Its effectiveness means its effectiveness and the resulting positive impact on political, social and other aspects of life. Perhaps this effectiveness and the positive impact it produces require the stability and discipline of this environment. Therefore, countries, especially those with a sound legal environment, are constantly drawing the features of this environment, regulating its various dimensions, and keeping pace with the expansion of its scope and the multiplicity of its operations. At the same time, they are keen to draw a protective wall in its various forms to prevent manipulators from entering it, striving to preserve the foundations and foundations of this environment, represented by (trust, honesty and strict adherence to the rules of law).

It should be emphasized that the regional administrative decentralization system has not been implemented in Iraq on its original legal rules correctly, so it has not been successful since coming into force of the 2005 Constitution of the Republic of Iraq and the special laws issued under it and its amendments.
* - The importance of research:
The importance of this issue from the fact that reforming regional administrative decentralization system in Iraq is the best way to stabilize its administrative system, thus facilitating the mobilization of local interests, providing basic services to citizens and preserving state unity.
*-Research problem:
The problem of this research lies in the existence of flaws and weaknesses in application, in addition to legislative shortcomings in the organization of regional administrative decentralization in Iraq at the constitutional and legal levels, resulting in distorted applications of this administrative system reflected negatively in the threat of the political unity of the state and the prevention of administrative stability, The weakness of basic services provided to citizens, and the spread of cases of financial and administrative corruption in the provincial councils.
* -Search structure:
The topic of this research will be divided into two sections. The first topic dealt with the problems of the regional administrative decentralization system in Iraq, while the second topic dealt with the performance of the provincial council for service and security.