Journal of Kufa legal and political science

Although the term legal security is new, the idea that the principle containe is very old, it can be said that its origin is the idea of natural law, which stipulates that every human being has innate rights that are born with him and existed before the existence of states in their current form. The state role restricted to ensuring its respect. Legal security concernes with ensuring the stability of the legal rules regulating individual affairs, whether in the form of laws, regulations, instructions, or even judicial decisions, this principle ha1s become the base of development and a criterion for states' concern for human right. So, how can an individual obtain his rights except by a legal system characterized by relative stability. Yet, inspite of the importance the principle attains, many countries are still reluctant to explicitly recognize the principle and consecrate it constitutionally, foremost among which are the countries subject to comparison in the current study that are content to protect and devoted some of the principles that branch from it.

Many of the problems that occur between the contracting parties are due to the failure of one of the contracting parties to implement its commitment to the terms and conditions in the contracts binding on both sides, with the other’s willingness to implement the terms of the contract, which leads to the possibility that the other will demand annulment, but the annulment does not come easily. Rather, this is referred to the judiciary, which may not It is ruled or the period is prolonged with the litigation procedures, which is necessary to inflict harm on one or both parties, and for that reason the resolving condition was legislated in order to shorten the time and effort and prevent or reduce the harm, but is the resolving condition safe from negative effects? Is it possible to come up with a new general idea through this study in refining the resolving condition in a manner that suits the objectives of the legislature and the judiciary and takes into account the interests of the parties to the contract. Therefore, the revocable condition is considered one of the vital issues in our present time because of its many practical dimensions, whether in terms of the stability of transactions or in terms of the purpose of the courts In observing the balance between all parties and settling cases.

The impact of compulsory annexation on the nationality of persons is one of the important reasons that accompany societies in the past and in the present. Significant nationality of (residents of the relevant region).This research is an attempt in the way of studying the nationality of persons and knowing their rulings based on the importance of compulsory annexation on the practical and scientific levels, as it affects the nationality of persons, that is, it regulates the legal relationship with the country to which they belong, and it appears that “compulsory annexation” has a realistic effect on the nationality of persons, including what is Negative, including what is positive

Distribution and dividing wealth among the elements of the federal state, is considered as one of the most complicated issues due to its effect on the state economic power. Since the validity of the constitution of the republic of Iraq 2005, up to date, many disputes are aroused among the federal government and the government of the region and the productive governorates, especially upon distributing and dividing petroleum and gas wealth and the contracts that the government of the region concluded concerning exploring or excavating gas, transporting and selling gas and petroleum without referring the federal government. This dispute is ascribed to the ambiguity of some of the constitution articles and the contrast among some of its texts which organize the jurisdictions of the federal authorities, the region authority and the governorates that are not organized within a region in general, with its jurisdictions concerning petroleum and gas in particular. In addition to the legislative failure in the field of petroleum and gas distributing jurisdictions among the regime levels in the republic of Iraq because the federal project for petroleum an gas, which article (No.112/ First)of 2005
constitution had texted, had not been confirmed till 2007, and this resulted in different explaining for the constitutional texts relating petroleum and gas. The absence of a legislative feature which controls these jurisdictions, the region went beyond the limits in its independence that it manage the oil produced in the region without referring the federal government which insisted on the method adopted by the ministry of oil before the constitution of the republic of Iraq 2005, it did not have any change to keep pace with federal regime. The result is using petroleum and gas wealth in a way that contradicts the federal regime on which the Iraqi state based, and the principle of cooperation and coordinating changes into monopolization principle which substitutes applying the constitutional texts or amending them.In the developed countries, the federal authority attempts to distribute and divide this important wealth by the best ways due to its direct effect on the state economy and finance; the federal legislation authority legislates the rules required to develop this wealth according to article (No.61/ First) of the constitution of the republic of Iraq 2005. There are some legislations concerning developing and investing the petroleum and gas wealth; some of them are devoted to the structural construction of the institutions of the oil sector, and other for organizing the petroleum activity and all the stages of the productive oil process. The public budget depends totally on the values and the incomes of petroleum and gas. This point has a deep connection with the federal executive authority in the petroleum and gas wealth; via the ministerial program, which represents the general policy of the federal government, it is a frame appears as a written document includes the rules and decisions required to develop the petroleum and gas wealth by enlisting plans and policies, imposing obligations for the ministry of oil for the optimum investment, developing the productive energies of the crude oil and natural gas, and developing the storing and transporting system to increase the production and exporting energy. Hence, the constitutional texts in the federal constitution are based on to manage the petroleum and gas wealth. The federal authorities may not agree with the regions and the governorates that are not organized within a region upon the authority specialized in managing the petroleum and gas wealth and its division machinery after the constitution validity. Due to the importance of this wealth in the federal countries both of the federal authority with that of the regions and the governorates that are not organized within a region to control it and invest it for their interest, so there is the dispute is aroused to define the party that has the right to manage the petroleum and gas wealth The federal constitutions insist on authorizing an independent constitutional institution to settle the disputes concerning distributing and dividing the wealth. The constitution of the republic of Iraq 2005 authorized the federal court to settle such disputes or explain the constitutional texts that organize the distribution and dividing machinery. The court would make it one of the important conditions and organizational balance that prevent the domination of the federal authorities on each other. Moreover, the court authority to judge the non-constitutionality of certain legislative text and the validity of its judgment to face all authorities is a support for the constitutional legislation and to secure the equal distribution of the petroleum and gas wealth. The constitutional legislator had confirm the valid rules and regulations as the protector of the constitution and a keeper of the rights set in the constitution of the republic of Iraq 2005. The constitutional systems had different effects on the decision issued from the constitutional judiciary. The decision expiry date and validity also differ from one system to another. Moreover, these decisions have an absolute evidence or authority for all the state federal authorities( regional and governments) and they are not subjecting to rebut or appeal as they are final and conclusive decisions.

The importance of neighborhood has a great impact on the life of society, and in this way what is required by the nature of neighborhood in terms of actions that need to clarify its provisions, and to know the obligation that falls on the neighbor in the event of harm to others, and in return that the harm caused is due to compensation when the tort claim is filed, so compensation is from Important topics to know how to redress that harm, how it is estimated, and what kind of compensation is best for the injured in order to resolve the dispute arising from the noise pollution lawsuit, when the three elements of negligent liability (error, damage and causal relationship) are available, its ruling is arranged, which is compensation, and compensation is the judicial means to redress the damage Whether that is to eliminate or mitigate the damage and it rotates with the damage in existence and without, and it is a legal obligation that everyone who accidentally causes harm to others must work to remedy that damage, so the airport's liability for pollution is negligent and its effects entail compensation for those affected by noise pollution, and the Law on the Protection and Improvement of the Environment The Iraqi tort liability is based on the existence of the error, the damage, and a causal relationship. Rather, the liability is assumed as soon as the damage is caused by the owner of the facility or activity. Prove responsibility in accordance with the general rules, and well done because that would prolong the conflict and procrastination from the other party (the airport) in failing to come to the act that
caused harm to the neighbors in order to get rid of the impact of responsibility, which is compensation

The compensation lawsuit in the criminal law is that lawsuit arising from the crime that is committed against one of the rights of individuals, which makes him responsible for the damage that has befallen the victim, whether this damage is material or moral, and then he is obligated to pay compensation for that damage.
The aim of instituting a compensation lawsuit is to achieve the satisfaction of the victim by ruling on the offender from compensation in a way that guarantees protection for the responsible and the injured in the same, and then reflects on the achievement of the public good, because when issuing its judgment, the Criminal Court takes into account the severity of the damage in order to assess compensation, especially since the court enjoys With discretionary power when judging compensation for material or moral damage in accordance with the circumstances of the crime and the damage resulting from it in every case, because the primary goal of compensation is reparation for the damage.
The act that does not constitute a crime according to the penal laws does not concern the laws of criminal procedures and cannot be considered a reason for instituting a compensation lawsuit, as the claim and judgment for compensation must be applied to the criminal act committed by the accused and resulted in damage according to the text of Article (10) of the law The origins of Iraqi criminal trials. The study of this research was an analytical and applied study in Iraqi legislation, including the Penal Code No. (111) of 1969 as amended, the Code of Criminal Procedure No. (23) of 1971 amended, and the Civil Law No. (40) of 1951 amended with comparison with some provisions of criminal and civil legislation in its two substantive sections. And the Egyptian, Syrian and Jordanian procedural.

The public employee is the tool implementing the state’s policy at the present time in every sense of the word, because it is the interface or access point that manages public facilities on the one hand, and its contact with community members on the other side, and this made the employee’s position one of the legal organizational centers, which the legislator took on He is responsible for organizing operations, so the employee is a human being, by the nature of his formation, is subjected to a mistake in performing his job, and that the element of the violation is an obvious and expected occurrence, so the need for a disciplinary authority that has a responsibility to impose the punishment on the employee in the event of his violation of the job duty has arisen, and as a result of the advancement of the knowledge of the public administration The disciplinary system has emerged, the provisions of which today have become of the public order, which may not be violated in any way, because the provisions of this system are liable to achieve the public good By working to maintain the regular functioning of the public facility in particular, and the administrative apparatus in general.

That life is the gift of heaven to man, and in no way can this gift be totally robbed of any person, and thus most of the heavenly laws and man-made laws came to regulate corporal punishment, whether the death penalty or penalties depriving of liberty, as the legislation of a system that allows the convict to a penalty A freedom-depriving original to enjoy a decision to release health with legal guarantees that will return him until he completes the implementation of the remainder of his freedom-depriving sentence in the event that official medical reports prove that he has a serious illness that threatens his life as a result of his stay in prison. It is one of the products of the development of modern punitive policies, and the emergence of criminal schools The modern, which is concerned with the fact that punishment and the means and methods of its implementation achieve public and private deterrence and on the basis of the society’s benefit from it and among the reasons for imposing it in achieving the required deterrence.
Thus, humanitarian reasons call for states to
take this legal system into account in implementing freedom-depriving penalties
because of the justice in it in the event that the convict suffers a serious illness that threatens his life as a result of his stay in prison or because of execution, but it must be taken into account not to exploit this legal system In smuggling those convicted of serious crimes they committed against society, an exception should be made for the perpetrators of terrorist crimes and crimes that threaten peace and security in society..

Dates for appealing administrative judgments are considered from the public order, that is, the court and individuals may raise it at any stage of the lawsuit, and the dates for requests for a stay of execution of administrative rulings differ according to the administrative system prevailing in the state. In Egypt, we find that the dates for requests for a stay of execution are the same as the dates for appealing judgments because they stipulated that the request for a stay of execution is associated with the appeal, while we find that the French and Iraqi legislators are completely different from what is in Egypt, so it is a requirement that there be an appeal that precedes the request for a stay of execution. Therefore, the dates for requests for a stay of execution in France and Iraq start from the date of the appeal of the judgment and until the issuance of a decisive decision in the appealed ruling in it

When we discuss the constitutional lawsuit as one of the means of judicial protection of the constitution, we have emphasized the importance of demonstrating this legal method that guarantees respect for the constitutional rules on the one hand, and not violating or violating them because of their superiority and superiority on the other hand. Being a legal means granted by the constitution or the law to the right holder for the purpose of resorting to the judiciary to impose punishment on the law or legal text that violates the constitution, whether this leads to the lifting of texts that contravene the constitution or the abolition of the law.

Our research deals with this electronic administrative contract in terms of its concept, its legal organization, its pillars, the competent authority to adjudicate this contract's disputes in Iraq and the extent to which government agencies have adopted such contracts, and in line with the development in the field of administrative information technology, communications, Internet legal activities and provision of the Modern means of communication, encouragementof the Internet industry and the development of the traditional legal system in line with modern information technology and communication systems and their adaptation to go and move from the era of traditional administrative decades to the era of electronic administrative contracts.

The increased interference of international law with national legal systems and the resulting role of national courts in the performance of their judicial function at the international level has increased to a dual role (national and international), through which it performs its primary function of dispute settlement, which in turn leads to law enforcement, whether national or international, and interpretation of the law in the course of its initial function, resulting in the development and restructuring of the law as well. However, that would raise the problem that the exercise of the judicial function of national courts at the international level would lead to (fragmentation of international law), since the national courts of each State would apply international law in their own way, which was not in conformity with those of other States, and thus would be before the international law of each State. We have come to the conclusion that there is no national legal system that fully adopts the unilateral or dual approach, and that it is the national legal system that sets out the specific role of national courts. The importance of the participation of national courts in international law, whether by its application or development, They are of great importance, owing to the lack of a central application at the international level, The role of national courts is not limited to the application of international law but goes beyond its development. That, in the exercise of its judicial function in the application of international law, it develops this law so that it can be applied in the form in which it shows the degree to which these courts understand international law. In conclusion, the Republic of Iraq adopts the two-pronged and highly adjudicated approach to its national legal system, and its national courts apply only its national law.

Banks and the banking sector witness turmoil in their banking activity from time to time, and we may attribute these reasons to mismanagement, inability or weakness in the performance of their financial tasks and obligations towards depositors, which leads to the bank defaulting and disorder, and this may lead to the cessation of its commercial activity, which creates The banking crisis, and for that, legislation has been keen to protect the banking sector through the central bank’s guardianship over it, which is the highest banking authority in the banking sector, Which works many procedures all for the purpose of preserving the bank’s activity and depositors ’deposits, and it may be one of the central bank’s procedures to rehabilitate the bank through many procedures followed by the latter, and it may be the establishment of a bridge bank owned by the latter, unlike what is decided in the French legislation, which is the restoration Qualifying the bank through the request of representatives of the bank itself without imposing guardianship and stopping its activity

Private medical clinics are one of the tributaries that provide health and medical services to patients, especially since the doctor in his private clinic provides treatment services to the patient better than those provided in public hospital institutions, and despite the importance of private medical clinics in many countries, most of the literature The legal system did not deal with it in terms of its legal regulation and the rights and obligations that it must undertake. Rather, some countries did not develop a special law for them that clarifies the legal frameworks on which these clinics are based, and from these countries, Iraq, the legal system does not contain a law regulating the work of these private clinics, The texts that dealt with these clinics were scattered and characterized by a few in many laws, so we chose the topic of legal regulation of private medical clinics, in search of which we delve into it, hoping that the Iraqi legislator elaborate legal principles and formulate them in the form of legislation that regulates the work of these private clinics.