Journal of Kufa legal and political science

The disciplinary responsibility of the employee is only established by his committing violations punishable by law, and the appropriate penalty is imposed for the violation committed by him. Although most administrative laws do not specify the violations committed by employees because they are many and difficult to limit, the penalties imposed on violators have been specified and must be proportionate to the violation. In order for disciplinary responsibility to be established, its material and moral components must be available. In the event of loss of awareness, the moral component, which represents the psychological element of the violation, will be absent. Loss of awareness occurs in the case of illness such as insanity or any mental disability, or it may be due to drunkenness or coma. In the event of loss of awareness, the employee loses his ability to distinguish matters at the time of committing the act. As the criminal rule stipulates that a person who has lost his senses due to mental illness or drunkenness is not to be held accountable, there is no harm in adopting it in the field of discipline as long as the disciplinary violation occurred due to the loss of sense, and that sense is awareness, knowledge, distinguishing matters and overthrowing them and their results, and therefore the loss of sense means the loss of feeling the consequences of matters and thus the responsibility of the person who has lost his senses is negated due to his lack of knowledge of the results of matters.

After enlightenment age and propagation of social contract theory in seventeenth century, the study and research about the parliamentary mandate and its theories became the focus of the world`s attention, that the parliamentary system became the most popular in the world.
The impossibility to carry the seigniory out by the people themselves made them elect the people on behalf of them to do that by founding parliament. The parliament is the obsession of the peoples and the most important way to achieve democracy which has been adopted by the majority of people locking for freedom in most of countries There are many foundations and rules govern that power in addition to many implications that what we will try to discuss and research her in three sections

it became clear that privacy is one of the rights ……; they are public rights with legal protection, anyone can protest against any breach or aggression, privacy is protected by itself. This right is connected deeply with its owner, it does not submit to prescription, and it ends with its owner death save in certain cases. After acknowledging the existence of the right to privacy of a person, a difference arose between the jurists in determining the nature of that right and two directions emerged in that, the first trend went to that the right to privacy falls within the range of in-kind rights and is a right of ownership while another went to consider the right to privacy is a personal right Close to man, it became clear that the last trend is predominant in jurisprudence, in addition to this it was found that the right to privacy does not extend to the protection of the natural person only, but extends to the protection of other persons such as the legal person, the famous personality and the family as a whole

Medical medicinal experiment is not new, they appeared with Man seek for remedy; it did not subject to certain legal organization. With the development of humanity and legal thought as well as the increasing respect for human rights, the medicinal experiment has a legal frame; the medical medicinal experiment contract appeared; it is a contract between the one who conducts the experiment and the one who subjects to it, its aim is the remedy of the subject one from a disease that the traditional medical device could not treat. All society individuals, including children, are subject to infection. It is meant by children the person since the birth to the maturity. Article No. 106 of the Iraqi civil law No. 40 for 1951 had defined maturity to be at 18 ye ars old. The medical medicinal experiment differs from the medical scientific experiment on the level of their aims. For the medical medicinal experiment, the aim is remedy of the patient from a sever disease, while for medical scientific experiment the aim is the scientific research, that is to say to develop the medical sciences, so the aim is a pure scientific one where a sound person would subject to medical scientific experiment

the weakness of people’s general knowledge for the right of information obtaining and spread the Culture of administrative secrecy inside the governmental administrative are coming at the beginning of the reasons which object the practicing of the principle of transparency and information obtaining so its became necessary to practice the information obtaining right and educate people about their rights and promotion the opening culture that it becomes one of the most important safeguards which ensure the practicing laws of information obtaining rights .
At the view of the laws of information obtaining , we found it surrounded this right with a lot of safeguards, one of it what its Separate with it and one of it what share it with others rights. Some of these safeguards as the individual’s right of administrative grievance of the administrative decision which issued about treat the request of information obtaining , also the spread of an independent regulatory body to follow up the practice of the law and reviewing the decisions of administrative bodies which issued to treat that request, Finally, the individual's right of the judicial appeal on the issue of the administration of the decisions relating to the exercise of this right

When the judge examines the case and finds that it is devoid of direct evidence, then he resorted to eliciting the indications and evidence in order to prove it, and follows in this the rules and methods of logical reasoning such as induction and measurement.It extrapolates the partial facts in order to arrive at their characteristics and infer the indications from them, and begins to observe them by asking why these facts are expressed in positive suspicion. He analyzes the facts and divides them to know the relationship between them and arriving at their characteristics, thus devising evidence to prove or deny the unknown incident in dispute.Observing these facts, the judge places an assumption that draws inspiration from the ordinary course of things, which is a conjecture in which he interprets the problem presented to him and then verifies its validity by logical methods, such as the remnants method.The judge may logical measurement, by relying on a m rely on arriving at semantics and clues by way ofajor introduction that includes the general principle mentally or legally and a minor introduction that includes the fact or partial facts, and by applying the first to the second he reaches deduction as a result of bearing evidence to prove or deny the unknown fact.Courts
today work systematically diagnosing the image of measurement through the rule (I R A C), which is an abbreviation (Issue-Rule- Application-conclusio) and means (issue - rule - application - conclusion)
The research addresses the problem of how the judge exercises this judicial deduction, and he wants to infer what is fixed and known in the lawsuit as to what is not fixed and unknown in it?
Provided above, the subject of the research is the evidentiary methods followed by the judge in deriving semantics and clues in the scope of facts, namely the inductive method and the standard method, and the first is the focus of the research in the first topic with two requirements: the first for observation and the second for the imposition, and the second axis of the research in the second topic with two requirements: the first authoring the measurement and the second Principles of measurement.

Dealing with the definite military advantage in this thesis indicates that emphasize the great importance of civilian dignitaries and their ranks as they are the protected group that must be protected special, and that many senior officials in armed conflicts may resort to issuing orders to inflict or carry out an attack beyond the result to be achieved, making them vulnerable to individual criminal responsibility. In this way, there would be a definite military advantage when the result of targeting the military objective is achieved and much greater than the infliction of any injury to civilians, i.e. not to turn suspicion or mistake on a civilian objective as a military, so that there will be a responsibility as long as there are results and implications that show the extent to which the failure of those who must have the spatial information and the study of the excess damage that will result from the use of the weapon and their ability to achieve the result, in short, a meeting of several factors that may meet the responsibility of the commanders, namely, to take precautions. There are two criteria that must be established to achieve military advantage. The use of weapons and the resulting consequence of the goal. The second criterion is that the necessary conditions are found and provided in the same military advantage, which is that they are directly tangible.

And since nationality is the tool by which the distinction is made between a national and a foreigner, it was of great importance to address the state’s exercise of its sovereignty not only on the national but also on the foreigner, given that most countries today are not limited to the presence of individuals within their territory to their own citizens only, but have led to developments in the time. Present in the field of technology and means of transport to the movement of individuals from one state to another and their instability in one country, This demonstrated the importance of determining the freedom that the state enjoys when organizing the nationality of its citizens, as well as regulating the entry and residence of foreigners within its territories, in accordance with the principle of sovereignty established for it over its territory. New procedures regarding entry and residence of foreigners within its territories

That the issue of the comprehensiveness of banking services is of great importance for the advancement of economic and social reality, in light of global developments and the unity of banking competition in developed countries and even in some developing countries, Iraq remained suffering from the weakness of the banking system and its slow development compared to other countries, the banking business and its development was the reason for the growth of the economy And on this basis, in our study we put forward the obstacles that obstruct the comprehensiveness of banking services and propose solutions to them based on successful international experiences. The transfer of banks to electronic work is an important reason for promoting the concept of inclusiveness, because the emergence of electronic payment systems is one of the most important means Which helped to grow the concept of inclusiveness significantly, and the role of providing banking services electronically is no less important than it, as developed countries today deposit cash circulation of money, and physical dealings in banking business, to replace work and electronic payment in place, to facilitate the process of obtaining banking service and shorten the effort and time , We do not deny the role of traditional means in achieving inclusiveness, as their role is still important in achieving inclusiveness, but rather an integral part of the plan to achieve Sham Mandate of banking services

The criminal policy in any country is determined according to the political system in the state and with all the directions associated with the system. There is a close connection between the state’s general policy and its criminal policy, because the first directs the second and defines its framework. Hence the importance of studying the political system in view of the evelopments that the world has witnessed, as countries that possess political will and an effective political system occupy its place in the global pyramid.Lawmakers, no matter how impartial and objective they are, must take into account the ruling system and adopt points of view when drafting penal texts, and whether this view stems from their conviction in the political system or through the power grabs exercising pressure on them. The political system may adopt a certain philosophy in drafting legal texts in order to achieve its objectives or fight its opponents, which poses a threat to the freedom of others. Therefore, no political system can be understood or interpreted unless the economic and social reality,beliefs, values and cultural traditions in each country are studied. The principle of criminal legality is the most effective guarantee in the field of protecting rights and freedoms vis-à-vis the political

Iraq did not need policies to consolidate its inclusive national identity in its contemporary history, just as it needs it today, and the contemporary need for universal identity as a sentimental feeling is an urgent need in Iraqi society in particular, because it represents one of the three most important pillars of democracy in Iraq, after the social and political changes that emerged after the American occupation in April 2003 and the events that accompanied the American withdrawal in 2011, as the collective identity has a role in the individual acquiring the character of citizenship as it is the legal feature of the individual in society in general and the relationship of affiliation T. Sub-individual Calantmeat ethnic and then sub-identities whose citizenship on the grounds that it identity the university of different features Anthropological that can be characteristic of them as part of a group of social groups, composed of social building in all human societies. And that the comprehensive national identity has the ability to attract negative pluralism in countries that suffer from weak integration, as Iraq suffered from a group of internal and external challenges that worked to weaken the comprehensive national identity in favor of subsidiary identities. The identity crisis in Iraq and the struggle for identities were not newly established. They appeared after the year 2003 and increased after the American withdrawal. Rather, their impact extends to the establishment of the modern Iraqi state and needs comprehensive, comprehensive treatments, as the treatments that were put in
place were either superficial or used wrong methods as use. Strength in a number of crises rather than finding realistic solutions to them.

This is the overriding idea of Judicial security judicial security. Therefore the necessary requirements must be provided to ensure that the Judiciary can exercise this function. It is only complete by providing elements that guarantee the good quality of the judiciary, such as its independence and accessibility of its judgment confidence building institutions and thus judicial security is achieved.

The Media and Communications Commission is an independent body not affiliated with any government agency under the Iraqi constitution, whose mission is to organize media and communications in Iraq within modern international standards. It is considered the first of its kind in the Middle East with regard to laying down standards for the cross-regulation and reform of the media and communications sectors, as the separation of the two sectors has become an obstacle to their growth and development. The Media and Communications Commission launched the "Dome" initiative 2025 to advance the telecommunications and information sectors, And overcoming the obstacles that stand in the way of developing this vital sector and keeping pace with the rapid and enormous developments taking place in it.The Council of Ministers' decision No. 94 of 2018, which includes the approval of the initiative to promote the communications and information sector prepared by the Information and Communication Authority, and is to be implemented in accordance with the provisions of the resolution The initiative included a number of projects to be implemented within seven years of 2018-2025, according to a technical and time plan prepared for this purpose. The implementation of the Dom projects will be coordinated by the Information and Communications Commission and interested global organizations and companies in the field of communications and information technology, and will raise the rate of domestic output according to international indicators from 0.6 - 0.1 and have received moral support and become an idea Welcome to ITU.The most important goal of the TRA is to optimize the investment of ICT and to achieve resources for Iraq, such as the Tropical Radiofrequencies for satellites to promote and develop the ICT sector in Iraq, similar to neighboring countries and developed countries, and to upgrade Iraq in this vital sector from The way to strength and durability, continuously strengthening the communications/information technology system and reducing the pressure on public budget expenditures through revenues generated through the Authority's self-financing.The success of this experience requires support from various sectors, solutions to the obstacles facing the implementation of this initiative, and its success provides the opportunity for the Authority to devise other initiatives that are important and that contribute to the development of the media and communications sector.

Diplomatic missions are the main tool for implementing the state's foreign policy, so we find that the constitutional legislator in different countries has been keen to include texts in the constitutional document explaining the policy determinants. The foreign affairs of the state in accordance with the prevailing idea adopted by the founding authority and who drafted the constitution, And these determinants are at the same time constitutional limits for permanent diplomatic representation, since diplomacy is a reflection of the state's foreign policy, so we find the Constitution of the Republic of Iraq for the year 2005 and the rest of the constitutions subject to comparison have included many texts specific to the tasks of diplomatic missions, based on constitutional principles that represent the general framework of the policy. Foreign and thus diplomatic representation, Rather, these constitutions intended to stipulate the authority concerned with diplomatic representation, as well as a part of the procedures and conditions for appointing diplomatic envoys, so there is a close relationship between these constitutional texts and the texts of the Vienna Agreement on Diplomatic Relations of 1961. Its functions, or the conditions for exchanging diplomatic representation between countries, and the constitutional texts come to clarify the limits of this representation within that general framework

International relations interact at all levels, and the technological developments transformation in its fourth technological revolution removed the geographical borders and made short distances among political units, so that international interactions made the world so small and connected whose parts are affected by each other in a hierarchical way, but the clash of international interests lead to complicated relations on some aspects of international Relations and this action put the international environment in several places or positions on the edge of international conflicts. As a result, this action has pushed towards giving a great role to diplomatic tools and aspects as an important means in settling disputes and as a tool for serving conflicting interests, especially the secret one, and this is what it indicated by many historical evidence, especially after the end of World War II. According to this reality, Iraq give a great importance to the diplomatic means to plan and define its foreign relations ,as example for this, German embassy role in activate Iraqi diplomatic action in international interactions.

Human life in this era is characterized by practicing many activities related to information and communications technology, which is characterized by speed and abundance of information. Among what this development has produced is the emergence of new terms that have transcended physical and geographical boundaries and eliminated all restrictions that limit human freedom in practicing his transactions. Among these new terms is the term (electronic commerce), which has become common in the normal use of individuals. This trade depends on an information system whose tools are all electronic, represented by the computer and its accessories such as the Internet, telephone, fax, telex, and other technologies that play an influential role in the activity of trade, even payment for fulfillment in this trade is done electronically through electronic transfers of money or shopping, payment cards and credit cards. E-commerce includes all commercial information from buying and selling goods and services. Economic analysts have considered it a new engine for economic development because it is an effective and fast means of concluding deals and promoting products and services. In light of all the points contained in e-commerce, we have tried in this research to clarify the concept of e-commerce from a legal perspective, and we will give a legal view on consumer protection in e-commerce contracts, which find their importance in the growing reliance on automated accounts and the Internet and its applications, including e-commerce. Therefore, we will divide this research into three sections. In the first section, we will discuss the concept of e-commerce and consumer protection. In the second section, we will discuss civil protection for the electronic consumer. In the third section, we will discuss the concept of e-commerce and consumer protection. Third, we will discuss the means of civil protection for the consumer.

The issue of constantly changing the value of cash is one of the biggest challenges facing the theory of the contract because it is closely related to its principles and in our view there is no better guarantee of this change to meet these challenges, it is a means of preserving the purchasing value of cash for contract obligations deferred from shortage or increase, to achieve contractual justice, so this study comes to show the effectiveness of ensuring the change of the value of cash in the contract in Islamic law and jurisprudence, and whether this would run into the traditional general principles of civil law, such as contracting the law of contractors and the stability of transactions. We show this by dividing the study into two topics, the first is what is the guarantee of the change in the value of the cash, and the second is the possibility of applying the guarantee of change in the value of the cash in the contract.

Article (166) of the Iraqi Civil Procedure Law No. (83) of 1969, as amended, states that when issuing the judgment that ends the litigation before it, the court must decide on its own the expenses of the case against the adjudicated litigant, which can be divided by the multiplicity of the convicted or by dividing the loss in The lawsuit. However, we have presented the texts of the four paragraphs of the aforementioned article, which regulate the judgment of the expenses of a civil case for a legal scientific trial, using the views and opinions of procedural jurisprudence and its explanations regarding them, which stopped us on the defects and deficiencies marred by those texts that affected their judicial applications and their production for their main purposes. The matter that we tried to present solutions that we see effective to reform our law from the side that we discussed.

The illegal actions of the former Ba\'ath regime had negative effects on Iraq and its people, and among these actions was the execution, deportation, or imprisonment of its sons for political, ethnic and religious reasons, and the source of their money. In addition to this, the illegal appropriation or ownership of real estate by citizens. After the fall of the Ba\'ath regime, and in order to restore rights to their rightful place and compensate the aggressed, the Real Estate Claims Commission was established, which continued to organize its work three laws: Legislating Regulation No. (12) of 2004, Law No. (2) of 2006 and the current Law No. (13) of 2010. As long as the purpose of the existence of this body is to truly compensate the citizen, the legal importance justifies research in the legal framework related to compensation rules, which necessitates stopping to clarify the legal concept of this new formation that enjoys independence from the Iraqi judicial system. As well as the legal mechanism that worked with it, as well as a statement of the legal basis for compensation? The mistake committed differs from the mistake made by individuals, then what are the characteristics of this mistake? So that it is covered by the law and compensation later, and was the above legislation comprehensive for all damages to the property? And if we know this, the issue of explaining the fairness of the foundations and the standard for compensation adopted by the legislator and the judiciary will emerge as the primary means of reparation for damage?. This research and the important legal questions it bears will be done purely in light of a legal study based on the methodology of analyzing legal and judicial texts and showing the extent of their accuracy and their achievement of the goal of legislation. The research divided into two sections: The first topic shows the legal concept of the Property Claims Commission, and the second topic discusses the legal basis for compensation..