Journal of Kufa legal and political science

Iraq turned from a unified state to a federation following the overthrow of the regime in 2003 and the issuance of the Law of Administration for the Iraqi State for the Transitional Period of 2004, which transformed the form of the state into a federation in accordance with Article (4) thereof. In the federal system, which was issued by popular referendum, and came with asymmetric components of the federal system, some components are considered political units that are subject in their work to the federal system (regions), while others work according to the administrative decentralization system (provinces that are not organized in a region), and the constitution recognized the units The political (regions) have the right to exercise legislation on a number of issues, and the constitution has expanded the powers of the regions in the legislative field that they exercise unilaterally, although the union in Iraq arose through the transition from a unified state to a federation, and such a transformation tends to the framers of the constitution often to Determining the powers of political units and strengthening and expanding the role of the union in legislation, and not the other way around, as is the case in Iraq.

The legal status of the foreigner in the countries is determined by those special legal rules that regulate the rights and obligations of the foreigner within the territory of the country in which he resides, especially since the Iraqi law which explicitly defined the foreigner once and the Iraqi again, which deduces from its contravening concept the definition of the foreigner has dealt with the legal status of each of the national And the foreigner in a set of multiple and non-uniform legislations that apply to each of them equally in all the rights, duties, conditions and procedures contained in the law in addition to the international agreements, most of which the Iraqi state has not joined, and which organized the legal status of the foreigner and imposed on the countries joining it to follow what is stated in them One of the provisions sometimes or leaving the freedom to organize the legal status of a foreigner to the relevant state in some specific issues at other times. As for the fact that these rights are disposable and transferable, but also their ability to circulate in the countries and the possibility of the foreigner enjoying them and bearing the resulting rights and obligations, the protection of these rights and their treatment were not only at the level of national legislation, but also became one of the topics of an international dimension, considering that the person is whatever it is. His nationality and in any place he is subject to governing rules,

The preference for evidence over another by strengthening one of them occurs most often at the will of the legislator or judge according to a personal conviction related to the most likely party, and objectively related to the most likely evidence. As evidence that is more powerful and effective in proving the truth than the weighted evidence, which can be termed "legal weighting", however, the legal weighting that is the origin of the proof may be given as an exception, which can be termed "consensual weighting", Which means: “The litigants agree on the preponderance of a certain evidence over another in proving a certain right.” In light of this exception, several questions arise: The extent of the permissibility of the litigants agreeing to prove a specific legal fact, with evidence opposing the legal text that the proof was made according to it? And is it permissible? Agreement on the inadmissibility of a specific legal fact to be proven by evidence whereby the legal text allows proof to be carried out? Does this agreement include all evidentiary evidence at any time; That is, whether it occurred before or after the litigation, or does it include specific evidence at a specific time? The extent to which this agreement

Consumer protection, with the increasing sale of goods through smart applications, is of utmost importance, especially those that take place through the two Amazon and drop shipping applications. It is important for companies that practice this type of trade to guide the consumer to the information related to the goods and to explain the details that revolve around them, and the consumer must also be protected. From misleading commercial advertising and that this protection should be included in its concept of fraud and deception involved in comments, opinions, responses and evaluations that pertain to a product with the intention of promoting it far from its reality. Moreover, ensuring the safety of the consumer comes at the forefront of his legitimate interests, which the law must guard against. To protect them, and regardless of the complexity surrounding third-party sales (external vendors) on the Amazon platform and other applications, identifying the person responsible for these sales is not without importance

Civil service occupies a great significance. It is the reflective mirror of public facilities, which offers its services to the citizen. This is engendered by the needs of people which is marked by continuous renewal and development in line with the evolution in those services that derives its philosophical basis from the rules and theories of the administrative law; a legal branch which is featured itself by continuous evolution and partial rationing. Although this law is being of a judicial nature, this evolution has been reflected oppositely on the number of employees working in state offices and the public sector. As a result, this leads to a huge needs increasing the number of employees working in public sector especially in Iraq. One of the immediate solutions to this need is the issuance of Resolution No. (315 of 2019) issued by the General Secretariat of the Council of Ministers, that its rules organize how to deal with Ministerial contract staff through tansforming workers from being a daily wage employees tocontracted ones. However, this issuance lacks the clarity in the mechanism of transference in the disciplinary system as well as the rights and duties assigned to ministerial contract officers.

Perhaps, the administration jurisdiction over imposing general administrative penalties is considered as one of the most significant subjects that needs to be studied and discussed properly, as it poses risk and represents deviation from the general principles in particular the separation of powers principle. Thus, this research paper came to include one of the most significant guarantees that come along with transferring this jurisdiction from the ordinary legislature to the administrative authority. What it is intended here is determining the administrative authorities that exclusively have the power to impose such penalties.As the study discussed these important guarantees in the area of imposing penalties, it has been necessary to study and scrutinize the legal ground that allows the ordinary legislature to partially renounce this jurisdiction, and the potential of adopting the legislative authorization as the ground for such renunciation. At the end, the study came out with a number of findings and recommendations that the constitutional and ordinary legislatures are advised to take them into consideration under the legislative developments occurred in Iraq.

French and American civil law study reveals real connections between the American and French legal systems. This convergence stems mainly from the impact of American law on French law through the embodiment of the phenomenon of Americanization of French law. The in-depth study revealed the effect of American law on French law concerning civil liability law. Therefore, I will discuss in this research the reality of the convergence between the American and French legal systems to reveal whether there is an impact of American law on the French civil law concerning civil liability.

The Central African Republic enjoys important natural resources, at the forefront of which are diamonds, gold, uranium, oil, and others. Now, due to military coups, the large number of insurgencies led by armed groups, which have fueled and exacerbated the societal division, and the absence of a political leadership capable of accommodating all components of the people, eliminating discrimination, exclusion and marginalization, as well as the quest of the ruling elites and influential groups to monopolize natural resources for their own interests. The rebellion led by the Seleka group in 2012 led to the outbreak of a civil war in 2013, and its repercussions are still continuing, and the grave violations that accompanied the war prompted the intervention of the international community from international organizations and major powers to reach peace agreements that end A state of internal war, to achieve peace and stability, or to achieve their interests.

The issue of recovering Iraqi funds held abroad is one of the most important priorities of the Iraqi people. However, it faces many obstacles, some of which stand at the national level, and others at the international level. The most important of these obstacles is the difficulty of prosecuting the perpetrator of money smuggling, as he is multi-national and takes refuge in the nationality of other countries to escape prosecution. Although the Iraqi Constitution of (2005) explicitly stipulates that a person holding a sovereign position cannot enjoy a nationality other than Iraqi, the reality indicates that it is not restricted, which necessitates finding legal solutions-at the national and international levels - to solve this problem. To guarantee the return of all funds held abroad.

The concept of legal security is not an idea limited to administrative contracts only, but it is an idea that exists in all branches of public law, whether private or private, an idea that was and still will remain the goal of jurists and legislators when establishing legal rules or when evaluating any rule or proposal, We find that this idea exists and is mentioned frequently, albeit indirectly, and can not be identified except through the interpretation of the text of the article and the work of the rules of logic and measurement and the basic principles that found the legal rules for it. For example,

The English law puts the doctrine of the undisclosed principal into force, when it allows the agent to act in favour of the principal, without disclosing his or her identity or personality. Or even without the presence of the principal originally. Therefore the agent can sue the third party and can be sued by him. It is worth-bearing in mind that this principle recognizes the principal's right to enforce the contract concluded by the agent of his or her behalf. Despite the agent's non-disclosure that he acts on behalf of the principal. It should also be noted that this doctrine contradicts with the doctrine of the privity of the contract, by which only the contracting parties can acquire the rights and be obliged with obligations arising from the contract. this doctrine allows the undisclosed principal to claim the enforcement of the contract against third parties. And the agent entitled with the contracting authority concludes the contract in his or her own name, concealing the fact that he is only a deputy of the principal. It is also worth-mentioning that the third party can sue ,according this doctrine, either the agent or the principal, whoever he wants. Whereas the Iraqi law included two comparative legal systems, contrasted with the doctrine of the undisclosed principal. That is to say, the contracting via pen name or Alias, in conformity with the Iraqi civil law No. (40) of 1951 . And the false deputization, in accordance with the Iraqi commercial law No. (30) of 1984.

In our research, we are trying to illustrate the impact of the opposition on the development of the parliamentary system in Iraq by looking at what the opposition is, its functions and its role in the democratic system through the means it possesses to correct the performance of the authorities, while explaining why it is weak in this important role.

The phrase (alleged legitimate reason) was mentioned in Article (1120) of the Iraqi Civil Code, and Article (1270) of the UAE Civil Transactions Code, but despite the importance of claiming the legitimate reason and the consequent change in the legal status of the builder, planter or resident of the facilities on the land of others, the Iraqi and Emirati legislators did not clarify the content of this phrase, which led to a difference of jurisprudence and the judiciary in its statement. The objective of this research is to clarify cases of trespassing on other’s land, which is intended by alleged legitimate reason, according to the comparative analytical method between the Iraqi and Emirati laws. The study concluded that what is meant by the alleged legitimate reason is the builder’s reliance on a legal reason that leads him to believe that he is the owner of the land or leads him to believe that he has the right to establish facilities. In light of the research findings, we presented a set of recommendations for Iraqi and UAE legislators.

Identity is the main axis in building the institutional system of the modern state and maintaining sovereignty within a group of factors, the most important of which are: religion, sect, nationalism, family and tribal affiliation, and government policies have affected the process of organizing and classifying the national identity, as belonging to the self and the social environment are distinct elements corresponding to the other and the other. Identity and non – affiliation, therefore identity takes, two forms: similarity and differentiation, and the concept of modern identity has been linked to individual growth and belonging to the land and human liberation from traditional systems, so external variables affect the development of national identity.

If the Choice of law grants jurisdiction to a particular foreign law, then the judge must specify the meaning of the foreign law that have been granted jurisdiction. Similar to any other law, two types of rules apply, choice of the applicable law and substantive articles for adjudicating the dispute. The question of this paper is whether the judge should refer to the foreign law in its entirety, including the Choice of Law it contains, or rather applying only the substantive articles of this foreign law to the fact of the case presented? Hence, determining whether the task of the judge is limited to the application of the substantive articles in foreign law or the application of what is required by the Choice of Law. This an important subject, not only theoretically but practically, as this may impact the final resolution of the dispute. This problem has sparked widespread controversy in jurisprudence and the Judiciary for the following difficulties. Firstly, to refer to the Choice of Law of a foreign country, there must be demonstrable competency of this law. Secondly, applying the substantiative articles of foreign law might contradict the context of the foreign law or if taken comprehensively. This paper attempts to fill the gap in assignation theory in International Private Law.

The protection of the rights of minorities is primarily an internal issue that depends on the nature of the political system of the state, and it is one of the internal means to reassure minorities and ensure their enjoyment of those rights. It can be a safety valve against the problems that these minorities may raise. that live in our society, but rather work on developing a legal system that can serve as a role model to protect our minorities, which contributed to drawing a picture that reflected the diversity of our society.

Receive the required attention. It should focus on the preventive function of tort liability and activate its role because of its impact in mitigating the occurrence of damage and avoiding it before it occurs. From this standpoint, the French draft amendment seeks to activate its role by focusing on other functions of tort responsibility and strengthening them by granting the judge

The legal rules are substantively gradual, starting with the constitution, then the ordinary law legislated by Parliament, then the regulations (regulations) issued by the executive authority, and each of these rules governs the rule below it. that are above them, but is the constitution above a certain rule? The jurists of constitutional law agree on the existence of supreme principles that transcend the constitution and are considered ruling over the constitution called the supreme principles governing the constitution (the ruling ideology) these principles represent the vision and philosophy of those in charge of the system .The economic that the state embraces in terms of being a capitalist or socialist, and on the exercise of rights and freedoms in terms of the type of rights and freedoms contained in the constitution and how they are exercised, and therefore these principles leave their impact on the political, economic and social system of the state

The idea of the purpose is one of the indispensable tools in adapting the constitutional texts to achieve the most effective interests, and from here came the idea of the research addressing the sterile formality of the constitutional texts that include a temporal determination. It is an exceptional judicial situation, and it is not permissible to expand upon it or compare it to it. On the other hand, this suspension does not extend to accountability and the establishment of responsibility for the violating party, but is limited to permitting the defective behavior only in time, and there is no evidence for the application of this idea from the Federal Supreme Court Decision No. (71) / Federal/2019) regarding the interpretation of Article (140) of the Constitution of the Republic of Iraq for the year 2005.

The Iraqi Bank Deposit Guarantee System No. (3) for the year 2016, achieved insurance control over the economic benefit of the future of bank deposits, as a work that individuals expect at the national level to secure this benefit, especially for the economic planning of banks. However, there is a type of bank deposit called abnormal deposit, characterized by the specificity of deposit with banks, waiting for the intervention of the legislator to protect them by providing privacy to insure them. In this study we try to plan to secure an abnormal bank cash deposit.

the issue of the political participation of minorities in Iraq and their parliamentary representation has received relative attention. With the democratic transition in Iraq Since 2003and the spread of political awareness and the growth of a culture of citizenship and public and individual rights and freedoms, it was necessary to do justice to the members of these minorities and endeavors to overcome the obstacles that prevent them from exercising their civil and political rights. The issue of neglecting the parliamentary representation of minorities is a natural matter. The Iraqi Constitution of 2005 and Elections Law No. (9) of 2020 affirmed the allocation of a number of seats (quotas) representing the participation of minorities in the House of Representatives, given the essential importance of the political

The extract is considered the subject of the pictorial instigator of the topics that have sparked legal controversy in many legislations, as the pictorial instigator is a confused image between incitement and measures that fall into the department of detection of organized crime, specifically in crimes requiring a league of criminals such as drug crimes, crimes of a universal nature and bribery crimes, and is called sham incitement by police work because the mock instigator incites criminals by various means such as promise or awareness or intrigue to push the offender to create design To commit the crime, the instigator seeks to discover the criminal while he is in the act of committing the crime, but what raises ambiguity and suspicion in the work of the mock instigator is the criterion through which the law deals to distinguish between incitement

The administrative lawsuit is distinguished from other lawsuits by many characteristics that make it independent of its procedures from the rest of the other lawsuits by establishing a judicial system for it that is independent of the ordinary judiciary, and therefore the legislator subjected it to the administrative judiciary where the administration is a party to it to protect the right of the individual who was harmed by the procedures and decisions of the administration. Usually, the individual affected by the administration resorts to the administrative courts for the purpose of filing an administrative case, as it is a personal right legally established for individuals, according to which they can use the authority of the judiciary to protect their rights and freedoms from the attacks

In this research, we have tagged (The Legal regulation of disciplinary punishment imposed on employees of public and private schools in Iraq ) to the types of disciplinary penalties imposed on employees of public and private schools, according to the law on the Discipline of state employees, public sector No: (14) of 1991 The rate drafted and the No . 15 of 2013 and its education in three sections and we concluded the state guaranteed to meet the needs of society in its various fields, including educational. However, it used the help of private educational institutions at that time under its supervision and control of its equipment, and we also found that employees of government schools and subject to the law of state and public sector employees law No.14 of 1991 amended when

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

The project concerned with anti_crimes that occur on individuals and effect their life, safety and stableness، one kind of these crimes is that occur by deception or misleading or what they call seduction's crimes, it is difficult to recognize and diagnose because it is uncertain thing for people, seduction is ambiguous thing for society because their is difficulty in proving and knowing it for everyone .