Journal of Kufa legal and political science

legislation is the means used by to states their translate their legislative in to reality , It is an active tool in organizing society and achiving its new requirements , and from this standpoint it must be achieved legislation given sufficient care by the authorites that undertake its development and formulation in a scientific and artistic manner sillk and mastery ,preceded by a hard work described as having a high degree of professionalism , In light of the huge diversity and complexity of aspects of human behavior anycountry can guarantee its citizens ,have the quality of legislation issued, without establishing an institutional system that depends on how assurate is it when drafrting these legislations ,and hence the importance of seeking a specializaed technical apparatus thus, it is certain that the existence of expertise in this field means that the legislation has been studied from all sides in the house of expertise , which is represented by the state Council.

When the judge lacks the legislative text applicable to the incident in question, and backup sources such as custom and the principles of Islamic Sharia did not help him in deriving the judicial ruling, then he would be facing a state of legal void, and he could not refrain from ruling or count as denying justice according to Article 30 of the Iraqi Code of Procedures Article 122 of the Egyptian Penal Code and Article 4 of the French Civil Code. In this case, the judge will take a discretionary role in order to reach the judicial ruling of the pending case, he will lay down the legal basis for the case before him and the ruling will be deduced from it to adjudicate it, and in order not to The fact that this jurisprudence was based personally has been restricted by the legislator, that this is in light of the rules of justice, meaning that if the judge faces a legal vacuum, then he returns to the essence of the law and plays a role similar to that of the legislator when setting the legislative rule, and in addition to this the judge is inspired by this diligent work The principles and ideals of natural law, the judge’s will, and indeed the human will, are unable independently to reach the fullness of the law without being guided by a direction that he takes towards justice and indicating it.

The judicial authority to be able to opposite corruption crimes and encountering them, it requires to make available some definite methods which represents in: integrity, neutrality, and professional qualification, and honesty, and that is on the level of both judicial branches criminal and administrative and constitutional and each of them has its own important role.

In order for the special missions to perform their duties to the fullest extent, the 1969 Special Missions Convention granted them a number of immunities and privileges similar to those granted to the envoys of the permanent missions, which we will explain in detail in the folds of this message. These rights are regulated by the convention for members of special missions And it was stated in the preamble to the agreement that the purpose of these privileges and immunities related to special missions is not to benefit individuals, but to ensure the effective performance of the functions of special missions as missions representing the state. , These immunities and privileges of the envoys of countries in special missions have stabilized in international custom And international dealing, especially after it has been codified in the form of binding legal texts in the Special Missions Agreement. The agreement stated that the rules of customary international law continue to regulate matters not regulated by the provisions of this agreement, including those related to the privileges and immunities of state envoys.

There is no specialized law for administrative pleadings in Iraq and many Arab and foreign countries , Rather the matter is referred to the civil procedure law as the reference before the administrative judiciary , however the nature of administrative disputes and litigation before the administrative judiciary may be characterized by unparalleled privacy before the civil judiciary especially in cases of cancellation .

Provisions for discipline of students are supposed to be regulated in an integrated legislation that defines the duties of university students as well as specific disciplinary penalties in the event of non-compliance with their duties and the procedures for imposing them, although the instructions for discipline of students in the institutions of the Ministry of Higher Education and Scientific Research No. (160) for the revised 2007 have been indicated in Articles (6,5,4,3,2) to disciplinary punishments exclusively (alert, warning, dismissal for a period of (30) days, temporary dismissal, and final dismissal), as well as stipulating the acts committed that deserve each of the aforementioned penalties, except that they did not require all acts committed within Institutions of the Ministry of Higher Education, where conditions are required Some are on campus without all of them, and therefore cannot be applied in many cases outside of campus and outside of office hours.

Civil servant’s tort liability shall be triggered when civil servant violates his/ her legally-assigned duties [which are divided into positive and negative ones] that he/ she shall take into consideration when he/ she performs his/ her day-to-day job tasks. Once tort liability is triggered, three pillars [on which the liability is based] shall apply to civil servants; these pillars are fault, damage and fault-damage causal relationship. If civil servant’s fault is proved, then the consequential damage shall be compensated; this is contingent on a causal relationship between them so that the liability for compensation becomes due.

Legislation is the subject of study places the interest of the minor in the first place when it regulates the legal rules governing his position, and then the role that the person in charge of managing the interests of the minor plays increases not only as a (guardian), but as the person who is entrusted to preserve, dispose and develop the financial interests of the capable person. And because financial interests are often subject to waste and loss, so where did the money come in, fears of loss were met with it, and accordingly the various legislations took strict provision of legal protection for the funds of the minor by specifying who is the guardian in the face of the liabilities, and what actions he may perform On the minor's funds, and actions that are not permissible with the status of his guardian (ie, grandfather) according to the circumstances, or even with removing the capacity of guardianship from him.

There is no doubt that the constitutional amendment, based on a legal consideration, is also based on political consideration, which is the political necessity of the constitution. The idea of the constitution is based on the establishment of the basic rules of the state according to its political, social and economic conditions at the time of its promulgation. To the positions of blocs and political parties in the state, and therefore cannot freeze the provisions of the Constitution on a permanent basis, but it is necessary to accept change and development constantly until it is achieved peacefully and prevent the violent change imposed by coups and revolutions.

After we completed our study in (the distinction between legal rules and international compliance rules), we concluded the following:
1- There is a great debate among jurists and researchers regarding the problem of imparting the status of an international rule to the rules of commitment and legal rules at the international level, due to their common features in terms of obligation and social character in the international community, as their opinions are inconsistent about giving this characteristic to both. And each has its justifications in this regard.
2- There is a side of jurisprudence that calls for the necessity of linking the international legal rule with the penalty in order to acquire the status of an international rule, while another side of it does not find this necessity a need, because according to their opinion, the legal rule and just because it organizes an international issue will acquire the status of an international rule , Even if it was not accompanied by the penalty.
3- We found that the legal value of the reserve resources of the international legal base, represented by the judicial rulings issued by international courts, is of great importance because they may rise to be a source for the emergence of the legal base or the rules of international compliance, as well as a source of distinction between them at other times.

Arbitration is one of the most important ways of resolving disputes both at the local and regional level or at the international level because of its many advantages in terms of speed in adjudicating disputes and reasonable cost and providing the required specialization in the arbitrators. The arbitration system also allows the parties to the dispute to design or set the settlement procedures to suit them as well as to choose the law applicable to the subject matter of the dispute. Therefore, the existence of an arbitration system in a particular country guarantees the said advantages and is a factor attracting investment and foreign companies to its territory. Investment companies may not obtain guarantees if their transactions apply to the rules of litigation before the courts, and the nature of some of the technical disputes and the imposition of it must be a dispute in the dispute expert in making the arbitration more appropriate to these disputes, as the arbitrator is not required He may be a student of law, for example, but require general conditions in terms of eligibility or authority as determined by the law. He may be employed in any profession or profession, and despite the arbitration provided by many advantages, it has defects proved practical application, some practitioners, despite the existence of these shortcomings, the advantages of arbitration overcome the disadvantages. Therefore, arbitration and indisputable is now the most widely used dispute resolution tool, and it easily responds to the requirements of contemporary life

The strike is the deliberate and collective cessation of work by the workers and the aim is to pressure the employer to meet their demands. The strike occurs when there are several reasons, especially for daily wages, layoffs, employees, health and safety conditions and working hours. The aim of the study was to explain the effects and repercussions of the strike on both society and the participants. The approach used here is to examine the legal view of strike at international and regional organizations, constitutions, labor laws and national strike. The most important results are that the right to strike is guaranteed universally and nationally and can be attended by certain categories according to its importance. Many countries in the world regard the contract of employment between the employer and the worker as suspended during the strike. The study suggests guaranteeing the right to strike in national constitutions and laws with certain restrictions on certain categories. It also proposes that the strikers be given wages during the strike period or that they be given the minimum wage as long as they are legally protected Because the withholding of wages in them is a great disadvantage for them and their families and strengthens the position of the employer as well as refraining from resorting to this right in