Journal of Kufa legal and political science

This study discusses the administrative hierarchy, which is based on the idea of distributing state employees at levels arranged vertically so that those who occupy a higher level than the other head and the other subordinate. This hierarchy creates a legal relationship between the administrative head and the subordinate so as to prove to the administrative head towards the subordinate a number of authorities while the subordinate is committed to obey the president and the implementation of his orders. In order to take into account the details of this relationship comes this study, which we divided on two topics, the first dealt with the study of the concept of administrative hierarchy and its legal basis, and the other dealt with the study of the results of administrative hierarchy.

The public authority in the State has the right to issue decisions of a distinct type, because the decision results in the silence of the administration within a specific period of time to decide on the request submitted by individuals. Consequently, it does not have a material existence, but is assumed by the legislator under a legal text based on certain evidence resulting from the silence of the administration And the importance of this type of decisions and its impact. We have decided to divide this research into three topics. In the first section, we discuss the implicit administrative decision. In the second section,we discussed the rules and conditions of the implicit administrative decision.In the third section, we discussed the cases of the cancellation of the administrative decision , and we finished the research conclusion of the highlights of our findings, including that the administrative decision resulting from the pursuit of Jurisprudence and the judiciary to arrange after the reaction to the silence of the administration towards the applications submitted to it and ignored those requests not to take decisions on them to protect the rights of individuals from throughout the period of silence.

After the US occupation of Iraq in 2003, the regional environment in the Middle East changed, and this change extended to relations between the countries of the region, especially Iraqi-Turkish relations. This was accompanied by a change in the international environment and the frameworks within which these countries' views of the region revolved. This view was characterized by policies that combined pragmatic and mercantilist features aimed at preserving their major interests politically and economically, in addition to preserving the security and stability of their allies and securing their security and political priorities. All of this was reflected in the ebb and flow of the nature of the Iraqi situation and the nature and form of the relationship with its regional surroundings, including Iraqi relations with Turkey, for historical and geographical considerations governed by historical and geopolitical pillars that were cloaked in a strategic guise that, in their entirety, formed the form and nature of political and economic relations between the countries of the region. On the other hand, the relationship of the major influential countries with both Iraq and Turkey had a clear impact on shaping the features of Iraqi-Turkish relations, such as Turkey's association with NATO, Russian-Turkish and Turkish-Israeli relations. In addition, there is the nature and form of Iraqi-Turkish relations with regional and international organizations such as the Gulf Cooperation Council, the United Nations and the Arab League, whose impact was evident in light of the fact that the Middle East region constitutes an interconnected geographical unit governed by the repercussions of action and reactions, both negatively and positively, which formed its final image in a manner similar to the interactions and foundations on which the domino theory was based due to the nature of contradictions and agreements in interests, goals and visions between the countries of the region, bilaterally and collectively, which consequently formed an unclear image subject to the mechanisms of extrapolation and analysis, and this was reflected in its entirety on the axes of the Iraqi-Turkish relationship and on all??? What was the reason for the lack of a specific mechanism on the basis of which action and reaction could be measured in the nature of the Turkish-Iraqi relationship. Hence, these papers attempt to answer, specifically on the Iraqi level, the question of its limits: “To what extent do Iraqi variables affect the nature of the relationship with Turkey, which did not fundamentally depart from the exceptional circumstances resulting from the repercussions of the American occupation in 2003?”

This study is focused on the definition of the concept of honor and the crimes against it. The distinction of honor was discussed with similar terms such as consideration, honesty and presentation, as well as the distinction of crimes against honor for honor crimes.
The legal framework for crimes against honor and the philosophical basis for launching a description of the offense was described by describing the crimes against honor and legally protected interests to the legal considerations used to launch a description of the crime. To a set of conclusions and recommendations and the most important results. The Iraqi legislator has neglected to deal with crimes against honor as well as the legal standard on which to distinguish these crimes, and only to mention them as an example in Article (21/6) of the Iraqi Penal Code No. (111) for the year 1969, although we can infer from the text the aforementioned article, as well as the articles mentioned in other relevant laws, have several considerations and criteria for identifying and distinguishing crimes against honor.
A social and personal criterion, a political and security criterion related to political considerations,
the fact that the political model represents a general example and the elite of society, an administrative criterion for the public function and the conditions it requires, as well as the criterion of financial liability and the importance of social and psychological stability. On security stability, which in turn reflected political stability. The Iraqi legislator also took the measure of the gravity of the crime committed, as well as the judge's discretionary standard in crimes for which no legal provision was provided. The Iraqi legislator went through these standards as a preventive policy to educate the community and to educate him that whoever commits this crime is described as "violating honor", the importance of interests in the place of protection and the provision of administrative and political cadres.

It is obvious that the jurisdiction of the courts in a State is based on the territorial link, which is the result of the location of the subject matter of the dispute, the defendant's domicile, the place where the obligation arose or where it was carried out, or the personal association based on nationality. Which is competent to hear cases brought against its nationals wherever they may be, the sovereignty of the State extends not only to its territory but also to its nationals.
The service contracts are characterized by a special character that makes it possible to say that the application of the original jurisdictions to their disputes is difficult. These difficulties are reflected in the fact that these contracts are characterized by the performance or delivery of the services, that is, And the resulting difficulties implicating themselves in the practical situation when attempting to apply the original jurisdictions to service contracts.
In addition, the two parties to the services contracts are not equal in the centers. The recipients of services are often in the position of the weak in contracting and subject to some ear of the other party, which requires the search for an officer commensurate with this privacy which is the mechanism of most international and domestic legislation, Has not reached the required level yet.
Due to the absence of special Iraqi law legal provisions to address the issue of conflict of jurisdiction in service contracts at the international level explicitly and that poses a proposal to special provisions in this topic, especially in the present time the importance will become a study of the subject in the context of private international law by analogy to the provisions of jurisdiction The internal judicial process in the Iraqi legislation whenever it is legally possible, with regard to this within the framework of the Egyptian and French legislation and the bilateral agreements as far as the subject is concerned.
In order to clarify this, this research has been divided into two sections: the first is presented the original jurisdiction in general.
While the second topic applying the original jurisdiction over service contract

In light of the provisions of the Iraqi Civil Code and the comparative laws, the civil liability of the owner of the animal is considered. Civil liability in general is one of the pillars of the legal system. Every reasonable person is responsible for his work. He is committed to duties towards third parties, the most important of which is not to harm others. Civil law of the owner of the animal on the breeding of animals in residential areas jurisprudence and law have shown the concept of natural and moral animal jurisprudence and Iraqi law and comparative laws such as Egyptian law and French law and the basis of this responsibility. We have shown that the animal owner's responsibility under Iraqi law is assumed to be a presumption accepting the opposite, and in Egyptian and French law there is a presumption that does not accept the proof of the contrary and that the third party is responsible for the failure of the act and the animal has no assumed responsibility

After 2011, many Gulf Arab states experienced political mobility, but not spontaneously, but there were some internal and external factors as well as some economic, social and even political conditions that contributed to creating this movement. Most of these countries suffer many problems, including the hegemony of the ruling family On the authority, the absence of parties (political pluralism) and therefore this led to the absence of elections mainly contribute to the circulation of power peacefully and also among the problems lack of application of democratic principles, as is the case in many developed countries, it was only these problems float on For example, the State of Kuwait, the subject of the search for the political power in Kuwait, to a number of measures to ease the tension between the factions of the people to dissolve the National Assembly at times or to allow women to participate in politics at other times to convince the people that it is in Continue with him.
The reform of the Arab Gulf states is a reform that is unrealistic and ineffective because it wanted reforms to prolong the life of the political system, which had policies that marginalized and discriminated against the people. Moreover, political systems failed to achieve national integration among the various components of society. The manifestations of political and social violence in many Gulf countries against these countries, prompting the last (different classes of people) to move to claim their political and social rights

The crime of disposing of the property of third parties is one of the crimes that have their own autonomy and origin stemming from the organization of the penal legislator to it a special article that is attached to the fraud , The Iraqi legislator dealt with it in article (457) of the Iraqi penal code No ,(111) of (1969) with stipulates :( A person shall be punished by imprisonment from the conduct of a movable property with he knows he dose not own or has the right to dispose of which he has disposed of in this money knowing that he has already acted in or contracted to him and that would have harmed the third party )
This autonomy comes in response to the importance of this crime in practice , where it is many falling by people who claimed ownership or persons abused their right to sell the moveable of the property more than once , which leads to disruption of transactions in amanner that dose not keep those funds sufficient stability which , in turn , affects the person of the contractor by making him aware of the mistake he or she has us amoney owner or a glass .
The crime of disposing of the money of others has its own concept and certain characteristics , even though it participates in the crimes of other funds , especially the crime of fraud which in the basis of it , this partnership does not lose its self-interest but it has its own independence and characteristic of these crimes through the existence of many similarties and the difference crimes the violation of the right of ownership which is the subject of legal protection.

Public money is money that belongs to the state and its institutions aimed at lawmakers behind the allocation of protection of the public interest and satisfy the requirements of diverse individuals and there is no doubt that the most important implications of this allocation that this money does not follow a specific person, but the state in general sense, and this money in this description must be protected from any And there are many ways to protect public money, and this protection is found in the Penal Code by finding texts that criminalize the assault on this money. The Code of Criminal Procedure also provides for the activation of these texts , And private legislation contributes to such protection. However, this legal regulation may not provide full protection of public funds. The legislator has therefore created the "response" as an effect on the commission of crimes against public property, in which the legislator intended to return the situation to the status quo This means that the person who assaulted the public money returned it in the manner that was allocated to him prior to committing the crime. This response to money was adopted by the legislator legally, but not in a single law but in separate texts. The consequences of committing the crimes Li public money or public function.

Air transport is one of the most important activities of economic returns is important right now because as a platform for international trade, the plane is a preferred means for individuals to navigate between States for frequent special services provided in return for these services, the carriers impose on passenger High transfer fees. Which require the air carrier to maintain the integrity of the carrier and commitment to ride safely to destination and ramifications of this commitment commitment to compensate for the damage that they do from the moment you climb on board until he got off in the arrival airport, with passenger on these stages to many Risks and dangers of terrorist attacks is one of the most important contemporary risks to air transport and other hazards impact severity and seriousness which requires compensation in the case of traveler was killed by adequate compensation, and that air transport is of international provisions governing contractual linkages arising About between the carrier and the passenger is not subject to the General rules for compensation contained in transport law and civil law but subject to the provisions of international conventions governing air transport of warshwa Convention of 1929 and the 1999 Montreal Convention and protocols which have transmitted the Iraqi legislature on transport law in force and the Civil
Aviation Act regarding air transport, whether internal or international. And the Organization of these conventions to compensation commensurate with the seriousness of terrorist attacks raised air and gravity as originally adopted on compensation or inherited a predetermined compensation whatever damage the traveler cannot receive compensation more than is scheduled only to prove the fault of the carrier of Terrorist acts which is hard to prove in pushing the carrier that is responsible for being made every necessary security measures and that the incident occurred as a result of someone else's intervention in hindsight..

The Code of Criminal Procedure of Iraq sets out a general path for all crimes in respect of the proceedings of the criminal proceedings, the parties submitted to them, the investigation carried out on them, the transition to the trial stage and its proceedings, and the conclusion of judgments and their execution.
With regard to the crime, the focus of the research, like the rest of the crimes are subject to these procedures, and in order to take note of this subject, we will study it according to a bilateral plan we divided into two sections. First, we review the criminal procedures for the crime of causing suicide. This type of crime and preliminary investigation procedures, either the second requirement, we explain the trial procedures and their judicial applications. Either the second subject is devoted to the procedures prescribed for this crime, and the two demands are shown in the first requirement of the criminal penalty is the penalty, and in the second demand we clarify the civil penalty represented by compensation and as follows.

Undoubtly,justice affirms that a criminal must be a subject of punishment in accordance to the crime commited.Hence,sanctions have to be varried depending upon the crime commited.But,the legislative rules are sometimes justified to take one type out of the crime varriations.This can be attributed to a philosophical view or idea which aims to either attracting the criminal or specifying only one punshiment for especial cases.Hence,the proper laws do not follow a single path in case of crime increase.Others assume that the decisive punishnent must be applied on the criminal\'s crimes.Whereas other laws assume that a decisive sanction should applied on only the type of crimes that are undetachable from its aim and purpose.The Islamic legislation do not move away from this concept of crimes applications.So,it emphasizes to adopt one punishment in some cases taking the the nature if crime into acinsideration.The laws which resorts to one sanction as an exception do not agree on unified format,some of them follow a strong punishment only.Whereas others attempted to keep the nature of the punishment varriation in spite of the remedy with the strongest punishment.The outcome resulted from adopting the strongest sanction is not only limited to what has already been mentioned. However, laws varried in terms of strongest applications compared to the seco dary ones.Therefor; choosing strongest sanction is actually one out of many optimal solutions employed as a means in the ciminal policy to the project for allowing ideas adoptaions..

Civil liability is one of the most important topics of civil law, which has raised controversy among jurists about many of its issues, especially the issue of the function of this liability, and whether compensation is based on the fault of the responsible party or on the damage. Although most laws have adopted the idea of ​​full compensation, we find many applications in which the Iraqi legislator has taken into account the seriousness of the error when assessing the compensation, while we find that most jurists tend to reject the existence of serious error because the error is one, which led to the emergence of the idea of ​​the unity of error. As for modern legislation, it has adhered to this idea and made it a large scope for application, as it considered the error the most important pillar on which civil liability is based. It is the act carried out by the causer of the damage, and it corresponds to the material behavior in criminal law, and as a result of that act, civil liability results. Consequently, this has also led to a difference among jurists about the standard of error. Some of them adopt the traditional theory of error, as it is achieved by the availability of its elements, and some of them rely on the theory of bearing the consequences. As for the Iraqi legislator, we can say that he considered every harmful act that obligates its causer to compensate, whether this error is serious or minor, but we find that the courts sometimes take into account the seriousness of The official’s error in estimating compensation for tort liability, without stating this in the grounds of its ruling for fear that its ruling would be subject to annulment, because the issue of legislative consideration of the seriousness of the error in estimating compensation for tort liability has not been regulated legislatively in our law.

This research deals with the elements of the crime of inciting sectarian strife in the Iraqi criminal laws, focusing on the general elements of the crime in addition to the special element in this crime. The research dealt with the forms of criminal behavior in this crime, which the Iraqi legislator has restricted, whether in the Anti-Terrorism Law or before that in the Penal Code, citing the rulings of the Iraqi judiciary and the position of Islamic law regarding the elements of this serious crime.

Inserting the blacklist like other sanctions imposed by the administration is governed by measures regulated by law and regulations in this regard The inclusion of the black list as a decision issued by the administration must have legal effects on both the contractor and the administrative contract. We note through the research that the administration is not free to impose this punishment, but restricted by certain actions must be committed and otherwise the decision of the administration was defective. Since the Iraqi legislator has adopted a unique approach in its organization to include the contractors with the management blacklist through The distinction between the contractors on the basis of the type of contract and the nationality of the contractor in article 11 of the instructions for the implementation of government contracts No. 2 of 2014 has created this method of listing procedures according to different type of contract and the nationality of the contractor and also resulted in different effects on the contractors as a result of blacklisting.