Journal of Kufa legal and political science

That Iraq's pursuit of the federal system came in response to reality, but this new system did not achieve all the goals that were desired by the Iraqi people, the most important of which is the proper legal regulation of public revenues of the federal and local The lack of regulation of public revenues affects the continuation of the new federal union and threatens the fragmentation of the Union , Was for some units of the Union that went to the appropriation of some oil revenues and considered by local revenues, and other impose financial costs through recommendations only or decisions or laws as a result of the confusion between the concepts of administrative decentralization and political decentralization, which led to the sale Often to double taxation in the approval of the financial statutes. Some took the provinces impose recommendations only fees or enact financial ordinances on the container with an obligation imposed by the federal financial. Certainly, the success of the federal system is based on the compatibility of financial revenues between the center and its levels in accordance with the frameworks that are compatible with the federal systems of living a decent life and welfare .

The arbitration clause is a flexible exercise of justice that is sometimes required by practice - as in the case of international trade contracts - whereby the parties to the dispute are allowed to choose the body that separates the dispute between them and to choose the law on which the dispute is to be settled, An official judiciary which provides the appropriate expertise and competence to adjudicate such disputes may not be consistent with the values of justice according to the perspective of the foreign party to the parties to the conflict.
Despite the fact that legal legislation has dealt with the entry of the State or one of its institutions in the contracts that include the arbitration agreement, the legal legislation in Iraq is still lacking in this treatment, which is a great shortcoming in this legislative aspect, especially after the opening of Iraq to international trade contracts and waste a lot Of the money in failed contracts, its lawyers escaped the law because of this legislative shortcoming, especially in dealing with the mandate of the representative of the general legal person as will be seen. It is necessary to meet the
subject of the right to search in two demands:
(1) The entry of the public moral personality as a party to the international trade contracts that include the arbitration agreement.
(2) The capacity of the representative of the general legal person to conclude international trade contracts that include the arbitration agreement.
The research concluded that even in light of the legislative limitations in the articles of Iraqi law relating to the control, it is not permissible to delegate the arbitration clause in the international contracts to which the state is a party for a number of reasons:
In terms of purpose: the presence of the representative of the general legal person shall be entitled to the conclusion of such an important agreement, because of the issues and entitlements that may lead to the loss of rights, which must be done by the workers and specialists in the conclusion of such international contracts avoidance, and not to fall into it On public money.
As for the subject matter: the person who enters into the arbitration agreement must be authorized to do so. Otherwise, we would have been subject to an imperfect arbitration clause for lack of personal capacity to conclude it, which is one of the reasons for the invalidity of the international arbitration agreement.
In terms of legal legislation, it is necessary to obtain explicit and direct authorization to grant the representative of the ministry or non-governmental entity the necessary authority to conclude such an agreement, because the mere authorization does not give the author the authority to authorize. However, the law of proceedings in force has neglected this restriction. The arbitration agreement is based on the neglected text. The arbitration agreement is a judicial method of arbitration, which is the rule of the ordinary court to hear disputes arising from international commercial contracts, and it is necessary to limit the dispute against the original to the believer.

The Tremendous electronic development that we are living today led to emergence new challenges in the international community, and one of these challenges is the (cyber attacks), that characterized by easily implemented, thus it became possible for states influence on each other by attack basic infrastructure with one button push and although creating destructive effects whether the size of mass of human or physical.
The Exact feature of cyber attacks is still undefined and so devoted this study for search in concept of this attacks and harmonization between them and international law rules, whether codified and customary

The process of Iraq's accession to the World Trade Organization is an important issue in the current period, especially after the efforts made by Iraq to complete the requirements of accession, Iraq should work to develop local dispute resolution mechanisms and upgrade them to international levels to be suitable for the Organization, As a unique juridical method in resolving the commercial disputes brought to it so it is time and duty on Iraq and in order to upgrade the judicial system in line with the international status that seeks to adopt international arbitration as a distinct judiciary in the resolution of disputes trade And as an important factor in ensuring the safety of foreign investors in order to attract foreign investment into Iraqi territory

IS a sexual harassment one of the acts that where the prejudice timidly individuals accidental. article No. (402) is not so active to face the sexual assault because it indicated that the victim must be a female; so if the victim was a male it would not be a crime. It also indicates that the action should be in a public place, and the penalty is not active to limit the sexual assault. multiple reasons which lead to spread the phenomenon of sexual harassment and these reasons are the Internet, drugs and channels of space and mixing delayed the age of marriage. It can be the face of sexual harassment taking a set of styles legislative، social security and religious. You have a role the great in reducing the spread of this dangerous phenomenon.

Summary money-laundering has been one of the most serious crimes affecting the national economy, including the private business sector, and it affects the moral system of society, as the beneficiaries of this process become the owners of the money-launderers that contribute to the investment activity by accumulating their accumulated wealth from Illegal economic activity. The biggest burden of money laundering is on banks, as they are the main channel in which money launderers pour their money, especially under bank secrecy laws, and banks are the first balaka in the fight against money laundering, in order to protect themselves from the risks Financial and legal responsibility for their participation in such operations, and certainly money-laundering is evolving in terms of means, so it is necessary to develop legal procedures in this regard. Therefore, efforts must be victorious between government institutions, banks and even individuals, as well as cooperation between countries and Governments to eradicate this phenomenon and curtail its role in achieving security and economic stability

The environmental legal system in Iraq suffers from a legislative vacuum in the field of water rationing and rationalization of consumption while many countries in the region are aware of the importance of speeding up filling this vacuum as a precautionary measure, which enable it to address the crisis of water scarcity. The legislative vacuum means the absence of the legal regulations that regulate and govern the individuals' behavior concerning the use of the water resources in order to guarantee the public ownership rights of these resources, on the one hand, and for the optimal use of these resources, on the other hand. The absence of the legal regulation for the water sector in Iraq has played an important role in exacerbating the water crisis and the wide-spreading of the phenomenon of waste and extravagance. It is worth mentioning that we discussed this issue by shedding light on the manifestations of this legislative vacuum on two aspects, which are regulating the use of water and the water's rationalization with the related legal means. In conclusion, we discussed a number of conclusions and recommendations. The most important one was the need to legislating a law for water, whose text deals the legal definitions and principles related to water and its resources, to the rights of individuals and institutions to benefit from them and to the restrictions applied to this right; as well as the need to the criminalization of the excessive use of water and its use for non-designated purposes, along with the need to the imposition of deterrent sanctions for the transgressors and defaulters.

Considered as consumer protection at the import level is a must in light of its breadth and diversity, and multiple instances of imitation fraud, and failure to comply with standards for quality of products and services, and be the importer is the link between the foreign product and the consumer, to obtain the latter his needs, and due to the lack of commitment of some importers to the correct professional behavior, and not briefing gaps legal texts to the import process, so that products or services will arrive does not meet consumer needs, or cause damage to his body or money, than it should be that there be legal, procedural and objective protection ensures to the consumer his rights in the face of the importer.

The most important and most valuable goal and goal sought by all creatures throughout history is (security), which man and states sought to achieve by following all tools, means and methods, and in the complexities and developments of the form of international organization (supposed to achieve world peace and security after the Second World War) The concept of security encompasses the social component whose impact is reflected on all prospects of society and the stability of the state, through the adoption of a rational security policy that builds political trust between the citizen and the political institutions (the state) and the citizens themselves by dealing on the basis of citizenship; Affiliations and loyalties that do not achieve rationality or sustainability in achieving security goals.
Thus, security has become a broader concept of military (even if linked), as part of the interconnected security system that can not work without one, and these patterns emerged with the development of security studies are (military security, economic security, political security, security Social security, environmental security, health security… etc), and with the development of threats in various forms, security has become the fence that protects the country against external and internal threats in order to create the most suitable conditions for stability and tranquility.The term “social security” has emerged as an active term in political systems as in security sciences, which means the ability of the state to protect its internal and external security by achieving social harmony and achieving the requirements of national identity, while activating all its ability to achieve the highest rates of development and social harmony, Developing its comprehensive forces in order to ensure its progress and prosperity and its ability to face the risks, crises, challenges, threats and hostilities, so that it can achieve its growth and progress, which are its national goals that distinguish it from other countries and formulated according to the value system. And ideological state.

In the second decade of the 21 century, social networks have widely spread in a way that all people could use them. No doubt that these networks have of considerable benefits for both public and private interests, but it simultaneously doesn’t free from flaws, particularly in the term of the right users' privacy when using these networks. Despite the fact that social networks are easily used by people, they are also not secured enough from a breach by other users, and so may expose to a violation or abuse to the privacy of the concerned users.
According to the aforementioned fact which leads to that secrets of many persons presented via networks may be exposed to abuse or misuse by hikers that constitute a breach of the right to privacy, as one of the most important principles of human rights. Therefore, the international community, as well as the local legal systems, continuously endeavor to create a legal system that protects the users of these networks from the aforementioned abuses, and establish appropriate penalties impose on any person who violates the privacy of other persons in the case of using social media.

In The Iraqi public prosecution, with the development of judicial systems, has become an important pillar of justice and an effective organ of justice. The promulgation of the law of reform of the legal system No. (35) of 1977, and then the issuance of the Public Prosecution Law No. 159 of 1979, which was repealed under Iraqi Public Prosecution Law No. (49) of 2017, which was a legislative reflection of this development, The legal system of this body in terms of its composition and functions, including the incorporation of new principles, perhaps the most important of which is not to limit the functions of the prosecutor to the criminal case, but the general monitoring of legality with all its protection of the constitutional order of the state and the effective contribution in monitoring the constitutionality of laws. He became like other official bodies The state has the task of challenging the unconstitutionality of laws and regulations after it was not allowed to exercise that role at all.

The principle of legality in its narrow sense - in the field of administrative law - means that the conduct of the administration is within the limits of the law in its broad sense, which includes all binding general rules of whatever form, written or unwritten, whatever their source is within their hierarchy, Where the legal system of implicit decisions created by the legislature and the administrative judiciary is to protect the interests of individuals from the intransigence of the administration and the abuse of their power and deviation.
The lack of jurisdiction in the implicit decisions of public order, which is the only drawback, is one of the five flaws in the implicit decision. The appeals (reasons for invalidation) in the implicit decision are the five aspects that lead to the administrative decision, and therefore invalidate it from the judiciary.

The concept of privatization did not appear and spread incidentally or exceptionally, but emerged as a result of the great need to give the private sector an opportunity to participate in the public sector in the management of some facilities that the state can no longer manage itself and spending on it, noting the trend towards privatization that not only to countries themselves, To include most of the countries of the world, including developing countries, although it began in the developed countries, but spread to other countries for the most reasons for economic reasons required by the development process in the countries that adopt it.
The importance of this research stems from the large increase in the use of public facilities by individuals, where the individual can no longer rely on his services and depend on them in his daily life, at a time when the Iraqi states are privatizing their public facilities of economic and commercial nature.

The double criminality, Which , the need for the offense to be criminal in accordance with the law of the two States requesting extradition and required extradition, is one of the serious requirements for international conventions and penal legislation, given the fact that double criminality is a precondition for failure to complete extradition, This has serious consequences, especially the impunity of criminals, thus highlighting the problem of research, which revolves around the definition of the concept and necessity of its requirement, the legal nature that can be imposed on it, and the difficulties it faces, especially as these are sharply different.

The principle of autonomy it Can considered the basis and the shining light of the judiciary , also What is meant by this term is that judges are independent, with no authority over them in their rulings except for the law as well No party is allowed to interfere in any cases , so Judges at all levels are bound to dispense justice with complete fairness.
At the substantial of this concept is comes from being a core principle underlying of justice, which is the basis of the law , so that is the essential purpose of judiciary..