Al-Madarat Scientific Journal for Humanities and Social Sciences

The research aims to show a special aspect of citizenship represented in the economic aspect by employing citizenship as an effective legislative tool aimed at creating an environment that attracts foreign investment, as many countries around the world recognize the great and many benefits that foreign investments provide to their economies, Accordingly, these countries have established systems and procedures that would encourage foreign investors to invest in their economies, especially by granting economic naturalization, which is what we will try to clarify in the research and to what extent the Iraqi nationality law includes this type of method of obtaining nationality.

Iraq witnessed major political transformations after 2003, and this was also followed by legal transformations of all state authorities in order to fit with the new political trends. The 2005 constitution was legislated in accordance with these trends, which made there were constitutional transformations in the state authorities, including the judicial authority, if the Iraqi judiciary witnessed transformations. Various changes contributed to the independence of this judiciary and the development of new types of them. At the level of the ordinary judiciary, there were changes that contributed to ending the connection of this judiciary with the executive authority and preserving its complete independence The same is true for the administrative judiciary, which received a large share of these transformations, which contributed to building the basic foundations for the creation of this judiciary and also ensuring its independence from the executive authority and making it an administrative judiciary that monitors the work of the administration in a constitutional and legal manner. The same is true for the constitutional judiciary, as this judiciary was established independently after 2003. And an organizer who exercises his powers to maintain constitutional and legal stability in Iraq, as the country has an independent constitutional judiciary, as is the case in other countries of the world that adopted this type. Therefore, these transformations occurred in Iraq after the year 2003. Study these transformations in a comparative manner between the Constitution of the Republic of Iraq of 2005 in force and the Constitution Iraq of 1970 repealed

The judge is a member of an independent authority who performs an important role in society through his job position. He is not just an employee who provides a public service within the framework of the public job in the state. Rather, he was granted this position because he performs a serious function, which is adjudicating disputes, whether between or among individuals. And between the state.
Members of the judiciary are subject to special legal rules and procedures that differ from those to which state employees are subject and are regulated according to a special law. If a judge commits a criminal act that violates his job, he must be punished for it, despite the immunity granted to him in the face of criminal procedures. This is to prevent some judges from exploiting this immunity to circumvent the law and attempt to evade responsibility and accountability, as considerations of justice prompted the determination of responsibility for the actions of judges.
Attributing a criminal incident against judges can only be done through a judicial ruling, and issuing this ruling must go through a set of procedures stipulated in the Code of Criminal Procedure in view of the special nature of the investigation.
Appealing the rulings issued against judges is one of the most important legal guarantees that protect their rights, as judges are able to legally appeal them in order to cancel the ruling imposing the penalty. The act committed by the judge may not require violating his sanctity, harming his dignity, or imposing a penalty against him.
On the basis of this, we will discuss these procedures for appealing judgments, and demonstrate their compatibility with the prestige of the judicial authority.

The right of the accused during investigation and trial is one of the requirements of criminal justice that converge on one axis, represented by the principle of human innocence. If this principle is the one that is indisputably capable of explaining the performance of these pillars, then a person is born innocent, and this principle continues to accompany him and is only invalidated by the final judicial ruling, in the process of issuing which all legally established guarantees were respected. The use of these guarantees by the defendant is often a relative problem, since some procedural texts that embody the principles established in the Constitution have defects and ambiguities, which led us to examine this question from a realistic perspective in order to point out the deficiencies and correct them and either submit them to the relevant authorities to reduce them or take them into account when adopting future legislation.

A general amnesty is a measure issued by the legislative authority whose purpose is to decriminalize the “criminal” act and waive the original, accessory, and complementary penalties. The “criminal act” becomes stripped of its criminal character and the resulting sentence becomes legitimate and permissible. Thus, the provisions of the criminal laws regarding the “criminal act” are suspended after it is included in this general amnesty law, on the one hand. On the other hand, it represents society’s abandonment of the public right - the personal right of society - to Imposing punishment on the perpetrator and erasing the effects that resulted from committing the criminal act. This is the purpose of the effective text of the Iraqi Penal Code No. (111) of 1969 AD, as amended in Article (153) thereof.
In addition to the text of Paragraph (3 of Article 153) of the same law, which states: “The Amnesty Law does not affect the personal rights of others, and does not result in a breach of civil, financial, or disciplinary responsibility, unless the law stipulates otherwise. That is, the General Amnesty Law, upon its approval, specifies the crimes covered by its provisions, and the categories covered by its provisions upon expiration of its term.”.” That is, the general amnesty law when Its issuance stipulates the crimes covered by its provisions, and what categories are covered by its provisions upon its entry into force and excluded from it, and that the General Amnesty Law creates a number of effects, including penal effects, including civil effects, including those related to the financial aspect and others related to the disciplinary aspect.
The general amnesty has an impact on the civil and financial rights of others, whether the state or private persons. Most of the general amnesty laws, including Amnesty Law No. (27) of 2016, include texts that include the requirement that the complainant or his family must renounce as a condition for inclusion in the provisions of the general amnesty law in order to ensure that they obtain their financial and civil rights. According to the applicable laws.

Women have the importance and active role in public service in the various public sectors of the state, through integration between their role and the role of men in building the state and real community development, and this cannot be achieved without the real and effective involvement of women at all levels of public service, from assuming leadership positions and reaching... Decision-making positions, and based on this, countries have paid great attention to ensuring women’s right to assume public jobs and occupy positions and leadership positions therein through international agreements, conferences and resolutions, as well as national legislation enacted by countries to guarantee that right. However, with all these efforts and legal guarantees, The percentage of women’s participation in leadership positions is still weak and below the required level due to the presence of many obstacles facing women in this aspect, which vary between social, cultural, political, legal, administrative, material and other obstacles.

The crime of killing a mother of her newborn child to prevent shame is considered a serious crime. Because the victim was a newborn child, who resulted from the crime of adultery, so his mother became pregnant with him, and after his birth she wanted to get rid of him for fear of the shame that would befall her and her family if her matter was revealed, so the mother kills the child, to avoid shame There is no doubt that this crime is one of the crimes of premeditated murder, which was covered by the Iraqi Penal Code Al-Baghdadi No. (81) of 1966 canceled in Article (212) of the law, but the Iraqi penal legislator organized a special text dealing with this crime in the Iraqi Penal Code No. (111). For the year 1969 amended in Article (407) as part of the modern criminal policy that keeps pace with legislative developments in the field of criminalization and punishment, so he removed the crime from the scope of Articles (405-406) so that the punishment is imprisonment for a period of not less than one year, or imprisonment that does not exceed ten years, taking into account the situation in which the mother would be when her newborn child was killed as a result of disgrace, and this trend is consistent with the comparative legislation in this study.
Medical and psychological studies have proven that a woman may go through very bad psychological conditions at birth, which may negatively affect her relationship with her infant and her family environment, and may push her to kill her child. The Iraqi penal legislator provided for a mitigating excuse, consists in prevent shame and make it personal, from which the mother benefits exclusively, and not others, from the partners in the crime.

The Nagorno-Karabakh issue was a living example of an issue based on two principles: the first is the sovereignty of the state and its territorial integrity, and the second is based on the right of peoples to self-determination. These two principles are considered peremptory principles of international law. Each one of them contradicts the other, and they cannot be canceled, divided, or agreed upon. With them.
The International Court of Justice and the Organization for Security and Cooperation in Europe in general affirmed the right of peoples to self-determination, and this right is considered one of the peremptory principles that this court follows. On the other hand, there is the sovereignty of states affirmed by international law, which must not be infringed. Any violation of international law is considered a violation of international law. The sovereignty of independent states, and these are legal constants, give the Armenians the right to self-determination and independence or to join the state of Armenia on the one hand, and on the other hand it is not possible to infringe upon the sovereignty of the state of Azerbaijan and cut off part of its territory and annex it to another state.
This applied to the armed conflict between Armenia and Azerbaijan, and here it is necessary to apply both human rights law and humanitarian law in periods of armed conflict, whether requested by the parties to the conflict or through the intervention of the international community. The dispute is presented to the International Court of Justice and the Organization for Security and Cooperation in Europe.

High Prices of land in Iraq led to a big problem represented by division of Houses into a few Meters, reaching fifty meters, breaching the Revolutionary Command Council’s Resolution No. (850) of 1979, amended by Resolution No. (940) of 1987.
This problem was evident in the issue of raising disputes over the management of common money or its removal, the division of benefits, and other things witnessed in the courtyards, problems that led to the loss of the rights of their owners due to some judges’ adherence to formality, a restriction whose reason is attributed to the desire to literally apply the texts on the one hand, and the concern about overturning the decision. By the Supreme Court of Appeal - in its discriminatory capacity with regard to our research - on the other hand.
Our goal in this research is simply to find a solution to the problems faced by owners of informally classified properties with the aim of achieving a majority quorum for the purpose of evicting the landlord from his tenant. The results of this research will be useful to the Iraqi society and the Iraqi Law Library and call for a new legal direction that restores the law. Justice will be restored if the Iraqi legislator does not respond to our call to amend the deficiency in the texts.

The United States had an effective impact to perpetuate the war between Israel and the Palestinians in the Gaza Strip, and then the war occurred after the Islamic Resistance Movement (Hamas) in Operation Al-Aqsa Flood on the morning of the seventh of October 2023 by storming the settlements surrounding the Gaza Strip and killing a large number of Israeli soldiers, civilians and those present in the concert Music - Entertainment, which led to the celebrants being killed some of them and took them hostages and prisoners to the Gaza Strip, and as a result of which it was announced The Israeli occupation state war on Hamas in Operation Iron Swords The United States has condemned Operation Al-Aqsa Flood and worked to provide all services, facilities and great support to Israel, whether this support and assistance is military and industrial and ammunition special weapons smart munitions penetrating and economic and financial assistance or the provision of intelligence and security information or the provision of aid and economic and financial support Israel received political protection from the United States in the United Nations, especially in the Security Council, and also conducted secret negotiations with Qatari, Egyptian and American on the one hand and with Hamas on the other hand regarding the Hamas-led Israeli hostage crisis

Turkish foreign policy is described as pragmatism - interest, which exploits international crises and volunteers them for its interests. Although politics in general is directly related to interest, especially foreign policy, what Turkish policy works on represents the most extreme aspect of pragmatism, as it works to adapt international crises. To enhance its position, strengthen its economy, and extend its influence.
This pragmatism has long been a general feature of Turkish foreign policy, especially after President Erdogan took power in Turkey. But after the outbreak of crises in the Middle East, which were called the “Arab Spring Revolutions,” the features of the Turkish theory of strategic depth began to move from its theoretical aspect to the stages of practical application, in parallel with the use of pragmatism in its foreign policy to achieve its goals in countries that Turkey considers within its vital field, such as Iraq and Syria. It also extended This attention extends to other crises outside the Middle East, such as the Ukrainian crisis.

This research deals with an investigation of al-Kirmani’s footnote on al-Baydawi’s interpretation of Juz Amma as a model, and what this book deals with of valuable meanings in language, rhetoric and grammar, as well as an explanation of some poetic evidence that al-Baydawi inferred in proving some of the Quranic meanings. The importance of this footnote lies in its handling of the most important interpretations that have It is widely spread in the scientific community because of the elegance and accuracy of its words

Ijtihad is considered one of the most important fundamentalist and jurisprudential investigations in the post-revelation era. The aims and objectives of rulings - which are called the objectives of Sharia - are the spirit and main axis of ijtihad. This is what the Qur’an, the Sunnah, and the Rightly Guided Caliphs brought, and ijtihad cannot be correct. Unless these purposes are taken into consideration, when we say intentional ijtihad; By it, we mean ijtihad that takes into account the purposes of Sharia law and achieves its goals through the approved rulings, which came to achieve a worldly or hereafter interest, in bringing benefit or warding off harm, and which is based on weighing between harms and benefits within certain rules and specific principles, and this is the basis of ijtihad in All its stages from the cessation of revelation to the present day. After striving to find out the purpose of the ruling from its evidence, that purpose must be considered when attaching the ruling to new facts within a space of competing objectives and the attraction and dissonance of interests.

The aim of the study was to analyze the impact of economic added value on banking efficiency in Iraq. The application of standard methods was adopted by applying the panel model based on time series data for the period (2013-2021) for a sample of Iraqi private banks. The results showed that the return on equity had a positive effect on the efficiency of banks, as well as the effect of the economic value added (EVA), which was also positive. The study was concluded with a set of recommendations, the most important of which is paying attention to the added economic value index and taking it into consideration alongside the traditional indicators, and spreading awareness within the banking environment of the importance of the new approach in measuring the added economic value of banks, as well as the need for Iraqi commercial banks to work on the continuous modernization and development of banking services that they provide. Its progress and to be a pioneer in all that is new at the level of financial and non-financial innovations and technology, through its use of added economic value, which reflects positively on its shares

This study aimed to demonstrate the impact of the application of IAS international accounting standards on attracting foreign investments to Iraq, as well as the application of standards and their reflection in attracting investments. In this study, we used the descriptive analytical approach. In Iraq, it contributes to attracting investments by achieving convergence and similarity in accounting practices with the countries of the world, which encourages the growth of foreign investment.
The application of international IAS accounting standards enables the generation of financial reports that contain reliable information that reduces the state of uncertainty among investors.