Journal of college of Law for Legal and Political Sciences

The contracting process like other actions carried out by the administration , must be in accordance with the principles , controls and procedures specified by the legislator. The aim of this is to achieve the principle of equality among individuals nominated to fill the position to be contracted for, to ensure the administrations’ commitment to these procedures , the administrative oversight , whether it is internal oversight by the administration itself or external oversight carried out by independent oversight bodies to ensure that the administration dose not abuse its discretion in choosing and to remove sectarian , partisan or tribal tendencies in choosing contractors.

Private military and security companies play a pivotal role in achieving the agendas and goals of international powers in spheres of influence to maximize their strategic interests. With the multiplicity and diversity of the roles it plays, its reliance on it has increased to serve as a major policy tool for international powers to achieve geopolitical and geostrategic goals in some areas of their influence. The Russian private military company “Wagner” was not the main tool in promoting Russian interests abroad before 2013, except The international and regional transformations that the world has witnessed in the last decade have contributed to its transformation into a secret arm of the Russian security forces, and closer to private military armies than traditional military companies in Western thought. Hence the importance of the Wagner Company as it is a political tool in the hands of the Russian government, used by proxy without the need to directly use its military forces in areas of strategic importance with the aim of enhancing Russia’s global position.

The study aims to shed light on the subject of the mandate in terms of the concept of delegation in the jurisdiction and the mandate of the mandate of reducing the burden on the President of the inherent competence on the one hand, and achieve speed and flexibility in the performance of work and raise the morale of subordinates and increase the sense of responsibility in themselves, with the responsibility to remain The author of the inherent jurisdiction, because the mandate focuses only on duties and competencies without responsibility for those competencies, in addition to distinguishing it from other administrative systems similar to him , Rules of substantive competence require the issuance of the administrative decision of the administrative body provided for by law and within the limits of its competence. Increase his burdens and responsibilities, Therefore, it became necessary to search for legal methods and means to facilitate the heads of administrative practice of their work, and perhaps the delegation of competence of the most important of those means.

The idea of this research came from the lofty speech of His Majesty Sultan Haitham bin Tariq, may God protect him, on February 23, 2020, where he said: “As we realize the importance of the small and medium enterprises sector, and the entrepreneurship sector, especially projects based on innovation, artificial intelligence, advanced technologies, and training and empowering young people to benefit from the opportunities provided by this vital sector, to be a fundamental building block in the national economic system, our government will work to follow up on progress in these aspects on a regular basis.” Small and medium enterprises (SMEs) are considered the main pillars of the economy in the Sultanate of Oman, as they contribute significantly to providing job opportunities, diversifying the economy, and promoting innovation. However, these companies face multiple challenges that limit their spread, and one of the most prominent of these challenges is the financial fees imposed on them. Financial fees affect their ability to achieve profits, as they add a financial burden that may be very heavy on modern companies that suffer from scarce resources. These fees include licensing fees and renewing commercial records. The increase in these costs can lead to not covering their operating expenses, and sometimes to the closure of companies. From a legal perspective, and through our knowledge that the Sultanate of Oman has established frameworks aimed at achieving a balance between collecting public revenues and supporting the sector of institutions and small and medium enterprises, this is represented in establishing laws and regulations that seek to reduce the financial burden on them, such as reduced fees for modern projects, as well as the support provided by the government for its interest in these institutions and companies. From here, we will address in this research financial fees in terms of their "concept and importance And its types and legal frameworks" on the one hand, and on the other hand to the impact of financial fees on institutions and small and medium-sized companies.

This study addresses the issue of administrative abuse of power in the transfer of employees, by analyzing the concept of abuse in job transfers and the guarantees provided to employees against such abuse. It also examines the Iraqi and Emirati legislations on this matter and the role of administrative judiciary in dealing with these cases. The study concludes with the importance of having clear and effective laws to protect employees from abusive job transfers, emphasizing the need for strong judicial oversight to ensure the respect and protection of employees’ rights within the framework of achieving public interest. The study also recommends the development of administrative legislation in the concerned countries to ensure a balance between the administrative powers and the protection of employees’ rights.

The relationship of individuals with each other in terms of the family lies through valid marriage, which is one of the most important topics of personal status, but the differences in it are wide between the laws of different countries; This is due to the difference in the social idea on which this relationship is based from one society to another, and thus the difference in moral principles and religious considerations between different countries. Marriage may be considered religious in some countries, and civil in others. In return for this conclusion, it must also have a system by which it ends. In line with this difference, in some countries the marital bond is eternal for life, and in others it can be dissolved, but they may differ among themselves on the means and reasons for dissolution, as it is dissolved in some countries by the will of either spouse, and in others by the will of the husband only without the wife, and in others by a judicial ruling. There are many other differences between the laws of different countries regarding the effects of the dissolution of the marital bond, so that Islamic law comes with its sound system for the dissolution of the marital bond, which is divorce, to link theory and practical application in a way that achieves the needs and requirements of society and the personal circumstances that affect and control any person, and in a way that serves his life and in a way that he sees fit by drawing up a sound and wise system for divorce, not by denying and prohibiting it as some have done. The laws of countries before establishing a positive law that governs them, nor facilitating and simplifying it so that it is not resorted to except under conditions and limits drawn up by arbitration and regularity, and for this sound system to be reflected in the laws for their application in society, and in view of the close connection between the marriage and divorce system and religious belief, the importance and necessity of this connection between Sharia and law comes for the purpose of deriving new solutions and anticipating contemporary challenges to obtain laws and systems that are developed periodically to adapt to social developments and new challenges for individuals to achieve sustainable legislative development

This research studied the development of artificial intelligence and its impact on administrative decisions, with the aim of demonstrating the services of smart automation systems for administrative decisions that work to provide a set of strategies, used by some entities that aim to improve quality, reduce costs, and achieve intelligent communication between the government and citizens, and between management and employees By relying on smart automation applications alongside human elements, the research concluded that artificial intelligence is a branch of computer science that aims to create systems that mimic human mental capabilities and have the ability to learn, think, and make decisions through data analysis. It is characterized by several characteristics and has a number of features. pros and cons The research studied the impact of artificial intelligence techniques on administrative decisions, and finally pointed to administrative automation and that the pillars of automated administrative decision do not differ from the pillars of traditional administrative decision in terms of taking into account the principle of legality, transparency and other principles that must characterize automated administrative decisions and administrative automation.

It is known that scientific and technological development are among the main factors that drive development in all areas of political, economic, social, and even medical life, which has generated a new legal reality known as “artificial intelligence,” which has contributed to shifting the idea of scientific and technological progress from the scope of studies to practical reality. , Which contributed to the transformation of the idea of scientific and technological progress from the scope of studies to practical reality, as it contributed to the advancement and development of societies by providing luxury and comfort, and assistance in the areas of daily and professional life, which prompted the study of “automated robots” to receive great attention, especially in the field. Technology and medicalIn light of the legislative deficiency in technological legislation to address the legal implications of civil liability for the damage caused by automated robots in this field, in addition to the main problem about the extent to which electronic intelligence technologies can be recognized as legal legal entities capable of bearing legal responsibility in the event of harm resulting from their use, We discuss these matters with research.

Cyberspace is a new arena for conflict between international powers, especially since the cost of cyber-conflict is less than its traditional warfare counterparts regardless of the nature of the weapons used, whether traditional or non-traditional. Cyber conflict is necessarily based on strategies to deter, attack, and defend. The aim of the cybercrime conflict is to ensure the defensive sufficiency of the state, ensuring its national security and safeguarding its supreme interests. Despite Japan-China relations characterized by convergence and cooperation in post-Cold War economic spheres, Japan continues to retain the growing Chinese influence in East Asia. These variables prompted Japan to announce a hedging strategy due to uncertainty about the intentions of the rising power in the region, which is important to China. China has many memories of Japan's militarization from World War I, World War II, and beyond, when Japan became the cornerstone of the U.S. containment strategy for popular China in 1949. Therefore, this study aims to define cyber power, regional conflict management strategies, and cyber power pillars in general. The study also elaborates on the Chinese strategies used in cyber actions in its conflict with Japan after 2017.

ISIS is an armed terrorist organization with an ideological idea similar to the terrorist organization Al- Qaeda. This organization has existed in different forms dating back to the twentieth century, In mid- 2014, it entered Iraq and occupied a large area in some of its regions. This is due to the existence of a security vacuum in these regions, and the existence of sectarian and factional differences in them. During this organization's control over these regions, it carried out unprecedented ethnic cleansing operations, and committed serious and deliberate crimes against them. These crimes committed by ISIS represent a major development in the course of serious international crimes, such as the crime of genocide and crimes against humanity, which claimed the lives of thousands of people and soldiers, and its demolition of places of worship, churches, archaeological sites, and other acts. This matter requires studying and describing this type of crime.

ISIS is an armed terrorist organization with an ideological idea similar to the terrorist organization Al- Qaeda. This organization has existed in different forms dating back to the twentieth century, In mid- 2014, it entered Iraq and occupied a large area in some of its regions. This is due to the existence of a security vacuum in these regions, and the existence of sectarian and factional differences in them. During this organization's control over these regions, it carried out unprecedented ethnic cleansing operations, and committed serious and deliberate crimes against them. These crimes committed by ISIS represent a major development in the course of serious international crimes, such as the crime of genocide and crimes against humanity, which claimed the lives of thousands of people and soldiers, and its demolition of places of worship, churches, archaeological sites, and other acts. This matter requires studying and describing this type of crime.

In this research, we discussed the conditions of possessory pledge (rahn hayazi) in the Iraqi Civil Code and compared it with both the Egyptian Civil Code and the French Civil Code. The study examined the subject through the theoretical framework of possessory pledge, covering its definition, elements, and types.
We explored the concept of possessory pledge in the legislative texts under comparison and concluded with its definition as: “A contract between two parties (the pledgor and the pledgee) under which the pledgor grants the pledgee the right to dispose of the pledged property, whether movable, immovable, or a debt, in case the pledgor fails to fulfill their obligation to the pledgee. The pledgee is granted priority over other creditors by virtue of this pledge.”We then reviewed the elements of a possessory pledge, which include mutual consent, subject matter, and purpose. Additionally, we addressed the specific elements that necessitate certain formalities for concluding and agreeing upon the contract, as well as the requirement of delivery (possession) of the pledged item. The study also highlighted the specific conditions of possessory pledge, particularly the necessity of possessing and safeguarding the pledged item. It emphasized the importance of delivering the pledged item as an essential requirement for the pledge contract. In cases where actual and physical delivery is not possible, constructive or symbolic delivery is permitted.Lastly, we addressed the methods of proving a possessory pledge, which include written documentation, witness testimony, circumstantial evidence, or modern means of proof

The international bank guarantee letter is one of the important financial tools in international trade, as it provides a guarantee from the bank in favor of a third party, to enhance confidence between the contracting parties, and with the growing role of international trade, the importance of establishing clear legal controls governing the issuance and implementation of international letters of guarantee increases. The controls for assigning these letters vary from one country to another, affected by legal factors, especially several commercial and legal factors, as letters of guarantee are an independent contract in themselves, while in other countries they are dealt with within the framework of guarantee contracts in general, and are also affected by the prevailing banking laws and how to organize the work of local banks in relation to their issuance and the obligations of foreign parties, as well as international agreements such as the United Nations Convention on Banking Letters, which seeks to unify its rules at the international level, but national laws remain the governing ones in the absence of a binding international agreement.

The study addressed the role of the energy variable in the formation and behavior of terrorist groups by addressing the processes of seizing some energy sources and main supply routes in both Syria and Iraq, after the security and political disturbances in both countries, which led to the fall of a large area of Iraq under the control of what called itself (the Islamic State in Iraq and the Levant "ISIS terrorist organization"), which also controlled a large area of the Syrian state. And how this issue affected the orientations and behavior of terrorist groups, and their status, as it led to an increase in the financial capabilities of terrorist groups, and affected the capabilities of the countries in which they were active, as it drained a large part of their energy resources, whether by disabling them and depriving them of the returns they depended on, or by the costs of the war on terrorism that drained large material resources, the economic and social repercussions of which may continue for periods that are not short.

: The effectiveness of the disciplinary authority lies in the broad discretionary powers that it possesses, which is in exercising the performance of its duty that was assigned by the legislator to impose disciplinary punishment when it is proven that the public employee has violated, or neglected to perform his duties, in order to ensure the proper functioning of public facilities regularly and steadily, all of these Broad powers in order to achieve the public interest. The administration, with its wide discretionary powers, can impose the appropriate punishment for the violating employee.The effectiveness of the administration requires the release of its discretionary power, while employee guarantees require reducing this power. The administration cannot be restrained except through a stronger authority. It is the judicial authority through judicial oversight, so we decided to study the use of discretionary authority as a means of achieving effectiveness, Administrative judiciary oversight as a means of achieving a balance between effectiveness and guarantee.

Children in our society are exposed to various forms of physical violence، causing them great physical and psychological suffering. Its effects do not appear immediately، but rather remain before their eyes throughout their lives، leaving its devastating mark on the lives of children، especially beating and other forms of physical abuse. Of course، the Iraqi legislator has criminalized beating and abuse in general. Whether it applies to children or adults، but making the behavior of discipline practiced by parents towards the child permissible، but it has not been made clear that discipline is beating، and that remains for jurisprudential and judicial jurisprudence، and what concerns us is that the legislator made the behavior of disciplining children among the reasons for permissibility، except that this permissibility is not absolute. Rather، within the limits of discipline، which indicates that exceeding these limits will bring about criminal responsibility، it was necessary to discuss the limits that could return the behavior of parents from the realm of permissibility to the realm of criminalization، especially since the line separating the first from the second is often difficult to distinguish، in addition to The wrong understanding of the parents’ right to discipline in terms of personal interpretation and jurisprudence that made the parents the owner of the child - in some opinions - and they do with him whatever they want، without there being clear standards that precisely indicate what is meant by discipline and its limits، since these standards are the deciding factor between permitting behavior and criminalizing it.

The administrative license is one of the administrative means of a preventive nature used by the administrative authority to impose its control over licensed activities, by setting certain conditions and restrictions that must be available in the activity for which the license is requested in order to maintain public order and the public interest, as the administration grants the license whenever the legal conditions specified for granting it are available, i.e. the administrative license is a form of legal regulation, and it is also a restriction imposed on individuals when exercising their freedoms, i.e. it is a departure from the general rule that stipulates that the original permissibility of actions is required, and the administrative authority must abide by the provisions of the law when issuing the licensing decision, as it must abide by considerations of the public interest, as well as the principle of equality between license applicants so that it does not turn into a means of courtesy or control over the destinies of individuals, which prevents individuals from exercising their freedoms to the fullest extent, based on taking into account the rights and freedoms of individuals, which necessitates setting limits and controls for the powers and competencies of the administration to provide protection for freedoms against any possible arbitrariness on the part of the administrative authority.

Some constitutions include certain restrictions on amending the constitution called supra-constitutional principles, which are of a higher rank than the constitution They may be explicitly or implicitly stipulated and represent a restriction on amending the constitution These texts, which are of great importance, such as the stipulation of certain rights or specific issues related to the form of the state or the nature of the system in it, cannot be amended Jurisprudence has differed regarding these principles, their source and their effect.

The phenomenon of electronic terrorism has increased in many countries and has affected the security and stability of countries in various fields. There were countries in which groups, including terrorists, can destroy the information infrastructure by pressing any key on the keyboard, which has destructive effects that exceed the effects of explosives. Infrastructures, including governmental and other organizations that rely heavily on the Internet, which causes financial damage and modern devices, and causes the disruption of main engines and harms its citizens and national security. The term "cyber terrorism" appeared and spread widely after major developments in computer technology and the use of the Internet. The phenomenon of electronic terrorism has increased recently and has negatively affected security and stability in various fields, as terrorist groups and organizations can, by pressing the keyboard, destroy the information infrastructure, destructive effects that exceed the effects in which explosives were used, which causes damage to financial institutions, communication devices, government infrastructure and other entities that rely heavily on the Internet, which in turn leads to the disruption of the main, and harms its citizens and national security. The term electronic appeared and became widely used after the great progress achieved by technology, i.e. information, and also the uses of computers.

Territorial sovereignty is one of the main pillars on which the modern state is based, as the right of a state to exercise its authority over its territory is one of the most important components of its existence and independence. Territory is not just a geographical space, but the area in which the state exercises its authority in various political, economic. The territorial borders defined for the outside world represent the identity of the state, as the state maintains its authority within these borders and is responsible for organizing its affairs and protecting its security and stability. The state's right over its territory is a natural and principled right stemming from its being a sovereign state, and this right includes all rights resulting from its administration of its territory, including the right to exercise laws, taxation, environmental protection, and the use of its natural resources, in addition to ensuring internal security and stability. The state has the right to set, the right to impose laws and judicial decisions on the population, and the right to regulate economic and social relations within the territory. Accordingly, the territory is an essential basis for the survival of the state as an independent entity capable of making decisions and resolving disputes.

In recent years, there has been a significant and unprecedented development in the phenomenon of terrorism and extremism. Although this phenomenon is not new, as terrorism has always produced violence, which is inherent in human nature, some can control it while others may become enslaved by it, especially when the right conditions are present. The new aspect of this phenomenon is that it has become a global issue without religion, homeland, or identity. Terrorists have exploited the information revolution and technological advancements, particularly with the growing power of the internet industry and the increasing number of its followers. This is due to the ease of accessing communication tools, whether through computers or mobile devices.It is worth noting that cyberspace has a unique nature that distinguishes it from other modern scientific fields. The dangers arising from it can sometimes have catastrophic effects. Recently, the term "cyber terrorism" has become widespread, referring to the use of the international information network to carry out terrorist activities, whether through planning, training, or execution. The criminal act may also involve inherently dangerous matters, such as destroying, disrupting, or damaging financial, military, political, industrial, or personal information files and data, resulting in both material and moral damage.Therefore, this special nature of the threat has become an optimal means used by terrorists to communicate with their supporters and financiers. It is also used as a means of recruitment, enticement, and spreading extremist ideas that control emotions and appeal to feelings. Its use is not limited to the aforementioned but also serves as a means of communication with the public, launching hostile campaigns, and spreading fear and terror among citizens through electronic media; Therefore, legislative intervention was necessary to provide legal protection for those affected by cyber terrorism.

Before the formation of their modern states, the Arab countries were subject to the Ottoman Empire from a formal legal standpoint. The status of the Arab countries subject to the Ottoman Empire was represented by the preservation of local leaderships in a number of countries and the Turkish governor seizing the reins of government in a number of others. The attempts of the colonial states, especially the Western ones, to control these regions and conditions at the beginning of the twentieth century, the outbreak of World War I, the defeat of the Ottoman Empire in this war, and the pursuit of independence by the peoples under the control of this empire affected the division and fragmentation of the Ottoman Empire and the formation of the Arab states. The process of forming the Arab states and completing their current borders took no less than half a century, starting in 1920 AD. The formation of these states was accompanied by the association with the mandate over them or with the agreements restricting their sovereignty with the two colonial states in World War I (Britain-France). The Arab states remained linked to the mandate and unfair agreements for a period of time that lasted from 1921 to 1939 in Iraq, from 1922 to 1936 in Egypt and Palestine, and in 1922 to 1947 in Jordan and from 1923 to 1945 in Syria and Lebanon.

Civil liability resulting from infringement of the innovator\'s rights before registering his invention is considered a sensitive legal topic, as it relates to protecting the rights of innovators and innovators before the invention is officially registered with the competent authorities. In this context, the effects and provisions arising from this liability vary, and the innovator has the right to claim compensation for material and moral damages incurred as a result of the infringement of his idea or innovation. The value of compensation is determined based on the actual damage that occurred, such as potential commercial losses or lost profits. The burden of proving that the innovation belongs to the original innovator, and that the infringement occurred before official registration, falls on the innovator. Civil liability arising from infringement of the innovator\'s rights before registration depends on the innovator\'s ability to prove his right and priority of ownership. Therefore, it is always advisable to move quickly to register the innovation or take preventive measures to ensure the innovator\'s legal rights

This study is based on clarifying the effects resulting from traffic accidents that occur because of individuals using deteriorated public roads, which results in a civil legal responsibility on the part of the state and its administrative institutions towards those affected, We will clarify the nature and basis of the state's responsibility in establishing public roads, and explain the tort liability and its elements related to the state's error, and the damage to which individuals are exposed, in addition to the causal relationship between the state's error and the damage resulting from driving on deteriorated roads. We will also review the effects resulting from the establishment of tort liability for the state and its administrative bodies.

This research addresses the topic of **copyright, protected works, and the limitations imposed on them**, as it represents a significant aspect of intellectual property aimed at safeguarding the rights of creators and ensuring the continuity of innovation and creativity. The study explores the concept of copyright and the conditions required for the protection of intellectual works, focusing on the criteria of material embodiment and originality. It also examines the types of works eligible for protection, highlighting the distinction between original and derivative works. Furthermore, the research discusses the limitations on copyright, including legislative restrictions such as fair use and reproduction, as well as temporal constraints related to the duration of protection and its expiration. The study also covers works excluded from protection, including those explicitly exempted by law or those violating public order and morality. ensure a balance between the interests of authors and societal needs.

That the compensation to which the victim is entitled as a result of a press release containing a defamation or a violation of privacy may be - in accordance with general rules - an in-kind compensation of the situation prior to the breach of the obligation in respect of which the damage was caused and may be compensation in return for a sum of money Is monetary compensation or in the form of performance of a particular order. This is non-monetary compensation, 1 and compensation, whether in kind or in consideration, requires an estimate of the time at which the damage is estimated and what factors the court should take into account when assessing the due compensation.In order to clarify these issues, we will urge efforts in this research to divide it into two sections, the first of which is the methods of compensation, and the second is the assessment of compensation.