Journal of Kufa legal and political science

Individuals` basic rights are of the priorities that the civil countries work hard to maintain and protect within their legislations, where the highest document in the state indicates these rights. Yet, such protection should be transferred from its theoretical frame to the practical reality throughout: allowing the individuals to observe the legislative authorities commitment of the rights mentioned in the constitutional document, not to legislate a law that contradicts these rights via seizing the rights or disparage them and not to restrict appeal right to the state public authorities.Allowing the individual to appeal the non-constitutional legislation does not have a single style where the constitutional legislations adopted two ways: the first one is to allow the individual to appeal via the direct constitutional suit before the specialized court, and the second chapter indicate the indirect way by appealing before one of the judiciary authorities( administrative or ordinary one). Yet, there are many steps for the individuals to comprehend their constitutional right and play their observe role; this involving providing education for all people to achieve their right in facing the non- constitutional legislations by submitting pay an individual not to constitutional during the application of the law of unconstitutional on their claim. In spite of the importance of this subject, most of the researches that deal with the constitutional judiciary authorities, referred to it in brief, this is the first reason to entitle this search as (Payment sub individuds in front of constitutional jurisdiction Iraqiــ to study compared )..

The research sheds light on the role played by the Iranian press during the Iraqi invasion of Kuwait in 1990, as the Iranian press worked to convey the state of tension that prevailed and escalated its pace when the Iraqi invasion of Kuwait in 1990 AD, so it talked about the ideas, opinions and concerns of the Iranians, whether at the popular level or the leadership level. On the transfer of events, conferences and negotiations, it had a voice and an echo since the first days of the invasion, and some newspapers and magazines that reported events and developments emerged with broad thought during that period, and among the most important of these newspapers is the official newspaper, Ettelaat, which means that the press did not have that independence and neutrality. It was sufficiently influenced in one way or another by the official government position, and it did not deviate from the path that the Iranian government followed

In order for the procedural work to produce the legal effect that the legislator intended to adopt, it is necessary to have a set of formal and objective conditions in the work itself.If one of these conditions fails, the procedural work becomes defective and fails to achieve what the legislator wanted if it was issued properly, and to ensure the implementation of the will of the legislator. In the completion of the procedural work correctly created invalidity, as part of the annex to the defective procedural work, this doctrinal doctrines did not agree on a specific criterion can be based on the consideration of the action is invalid or not, as multiple doctrines on this, as theoretical doctrines emerged, which in turn divided into a formal doctrine And another legal, Objective doctrines, which are also divided into subjective doctrine and doctrine of nullity without harm, this did not receive those doctrines of criticism, as the penalty of nullity is divided into legal nullity and relative relative and show interest in this division in that the first can not be corrected unlike the second, as the nullity Absolute can be upheld by the court and litigants Unlike the relative invalidity can not be adhered only from the litigants only, and that the effect of invalidity is not limited to defective procedural work but may extend to the previous actions if the relationship between them is complex, and also extends to what If the defective action is influential in such actions, Proceedings, and to avoid the impact of invalidity jurisprudence tended to find ways that can be avoided by the effects of invalidity that can lead to delay the resolution of criminal litigation, and these means are correcting if possible and transfer to another procedure and renewal.

The state’s general budget is the basic document for the state’s expenditures and revenues, and this budget is prepared by the executive, and approved by the legislature, but sometimes its delay is delayed for several reasons, including what belongs to the government, and another to parliament, or because of low oil prices, and this delay It affects legal security and undermines confidence and security among all citizens.

Although bullying is one of the ancient phenomena in the history of human life with its different causes and methods, studying this behavior and ways to confront and protect it is one of the modern research trends in the field of mental health, especially as it is related to the family and social context of the individual and overlaps with many psychological and behavioral disorders of each personality from bullying and victimization. Electronic bullying is also a recent phenomenon as its emergence is related to information technology and the Internet, modern communication programs and the diversity of social media programs, so the approach to legal protection of the victim from electronic bullying is also recent in relation to this development and the accompanying problems in protection that require the intervention of lawmakers to develop legal texts to solve this problem. In addition, cyberbullying in the Corona pandemic is the latest current due to the current situation that the world is going through with the spread of this epidemic. Therefore, the importance of legal protection against cyberbullying in the Corona pandemic, is clearly evident through the novelty of the topic first, and secondly because of the great negative effects that bullying has for the victim ; it is evident through the deficiency in Arab legislation, especially Iraqi law and its inability to keep abreast of new developments, especially at the present time. As for the research method, we adopted the deductive analytical approach, in addition to the comparison with French law, to reach the best solutions presented to the Iraqi legislator.

International service contracts are of great importance in the field of modern international contracts and constitute a large proportion of the world trade. Therefore, determining the law applicable to them is an important and vital subject required by the practical side, and since the service contracts are international contracts, it offers more than one officer to determine the applicable law, Like other international contracts, service contracts are subject to fundamental controls in determining the applicable law of the law of will, which is the choice of the will of the parties. This choice may be explicit if the parties expressly express their will in the contract or through circumstances. It is possible to derive the implicit will through which, in the absence of an explicit or implicit agreement, we are in the process of determining the applicable law in accordance with the rules of rigid attribution, which is the law of the common domicile of contractors or the law of the country of conclusion or country of execution, and goes another direction to the non-introduction of rigid attribution controls on the contractual relationship International services, where it sees in the rules of flexible attribution is not achieved through which is the application of the most appropriate law rule of the contract, and we have what is known as the rules of flexible attribution, which is taken into account the circumstances of each contract individually and the application of the most appropriate law according Zerah featured performance.

This study focuses on the subject of military targeting of the recruited child in hostilities within the scope of international humanitarian law and international criminal law. International standards tend to set a minimum age of 15 years for the recruitment of children, regardless of the contexts in which these child soldiers participate and why they may actively and effectively participate in hostilities.
Moreover, these children may be targeted in the same way as their adult counterparts, although there may be ethical or practical reasons to avoid being targeted if possible, there is no obligation under international law to treat them in a different way than adult combatants, creating a gap that requires debate to fill this legal void

The Internal Displaced People is a category from the civilian opulation, therefore it is a duty to protect them, as they important category effected by conflicts.
International and national legislati focused on the phenomenon of displacement in general and enforced displacement, in general. The intention of the protection of displacement is guaranteed through the national and international protection, which is explained in detail in the
research.
To talk about protection of IDPs, it is necessary to clarify the stages of displacement, when IDPs deserve the protection as they are exposing for enforced displacement. Also, what is the international community can face negatively due to the displacement. This community have the active tools and mechanisms that can provide for IDPs save them that expose different kinds of violations during the displacement and after that. That is calling also to provide the basic needs and rights for IDPs after during and after the period of displacement.

The contract of contract is one of the contracts for continuous execution of work. We overlook the role of the term in this contract, but it must be taken into account from the earliest contract and its implementation to the end of the completion of work and completion.
In this sense, the contract of the contract should be sufficiently detailed and clear to the parties in all its aspects, especially in matters pertaining to the duration and the nature of its role and its effective role in that contract, as it is the main pillar that can be stipulated by the contractor and the employer during the process. However, the Iraqi legislator did not indicate the legal nature of the duration of the contract in a separate legal text, and whether it is a pillar or a condition, and therefore there is a legislative vacuum that clashes with the practical reality, which would lead to open the door to diligence before the judiciary in adapting the incident Offered and Bain judgments issued in this regard, and this shortage in turn led to the need to find the optimal legal solution that would suit the situation presented, the emergence of a difference in the views of jurists of law in this aspect, as we find that there is a jurisprudential opinion that the period corner in the contract contract like The other elements that must be available when the contract arises and the conclusion of the contract depends on the mention of the duration and knowledge of the parties to the contractor "contractor and the employer", and failure to mention the duration and specified in the contract would lead to annulment of the contract, and their evidence in that the period of importance that match or exceed the status In the corner nodes, consider it the essence of CNN in which through which the contractor to implement its commitment placed upon himself.
The other opinion pointed out that the period in the above-mentioned contract is a condition in which, agreed upon by both the contractor and the employer, and it is based on appreciation and reflection depending on the nature of the work to be completed, the course of the condition is conducted and therefore the purpose of mentioning the period here they have to accelerate only, that the condition The contract is considered as the window through which the legal system overlooks this view and embodied the time added to the future, in other words, the obligations imposed on both parties to the contract is not limited to the period of formation of the contract, but in turn extend to the future through a specific period of time required by Before the parties, as long as the implementation The contract extends to the future.Therefore, the parties to the contract can control the matters of amendment, change and addition as may be necessary in the future.Thus, we can say that the contract and its implementation is lax until the fulfillment of the condition of the expiration of the period agreed upon by the parties.
We can conclude that the term is a condition in the contract of the contract is not a corner and the reason for this is because the condition associated with the contract is the closest and most compatible with the nature of the contract of the contract, especially in terms of the practical reality of the implementation of this contract on the one hand, Therefore, we propose to the Iraqi legislator to provide an explicit legal text carrying the nature of the duration of the contract in the contract and the legal text as follows (the inherent duration of the contract and its association with it would confirm the requirements of the contract and its age as appropriate with the place of the contract to be implemented).

A contract is a form of contract groups, as it consists of several contracts that differ from each other in terms of the legal nature and the main obligation, but these contracts are different from each other is one contract group and all parties responsible to each other contractual responsibility, as The problem of the research here is how a particular party to be held contractually responsible to another party in another contract to which he was not a party, but at the end of this research we concluded that the association that makes the various contracts one group is the association of economic cause, the main objective of the establishment of this Streptococcus and this is stated by acc The French court through several judicial decisions issued by the French Court of Cassation, where he considered the set of contracts, all of which contribute to the achievement of the same economic group contract is indivisible, and the position of the legislator and the Iraqi judiciary is devoid of this theory, but the Central Bank of Iraq has allowed Islamic banks to use tools Islamic contract is very similar to one of the applications of the contractor, which is the capital lease contract in accordance with Article (13) of Instructions No. (6) of 2011.

Silence is a negative thing that is not associated with a situation or behavior, it means not to do any act or behavior, and it is of two types, the first is the silence is abstract and meant silence free of any circumstances may indicate acceptance or rejection, and this type of silence does not indicate anything The second type is the silence described, which means silence associated with circumstances indicating the will, and this silence reflects the will in international law, and has legal effects.
The International Court of Justice applies the principle of acceptance and the rule of closure to cases of silence. The principle of acceptance means the state's silence and non-protest of what it believes is a violation of its rights, which entails assuming its acceptance of its silence. It is obliged to achieve stability in international relations, as well as its attempt to legalize silence.
Jurisprudence in international law has taken two different directions in adapting silence: voluntary jurisprudence considers silence to be a manifestation of the expression of will, provided that it is combined with science, and objective jurisprudence holds that silence has legal implications based on the responsibility for wrongdoing.

The crime of unlawfully seizing civil aircraft has become today one of the most serious threats to the security of all societies, as this crime has been increasing steadily over the past few years due to the increasing demand to use the plane as the most rapid and safe method compared to other means and this is what made it vulnerable For the most heinous crimes against it, the motives for committing this crime are varied, as the purpose of committing it may be terrorist, political, economic, etc., and the grave threat to the occurrence of these civil aviation facilities and the consequent killing of a large number of civilians To isolate, moreover, the results that reflected negatively on the growth of the economic sector

The protection of the environment knew a development in Algerian law of the investments, this one did not really intervene until after 2001, that is to say after the enactment of the framework laws of the investment. and sectorial laws, without, however, the related treaty law accompanying such protection, since the latter is more concerned with the protection of the foreign investor than with the protection of the environment. In addition, the issue of environmental protection has been raised in arbitral practice, which considers any measure, regulation or legislation related to environmental protection as a measure having an effect equivalent to an expropriation

This study specifies the rules of international law by which it can be inferred, as proven, that Iraq is committed to combat the pandemic Coronavirus Covid-19. The study shows that Iraq has incorporated its international commitment including required measures to ensuring the health of individuals and combating epidemics in its constitution and legislations. This is also, as the study show, reflected through the decisions of crisis committees formed to combat the aforementioned epidemic which placed and recommended significant measures. The latter are here divided into basic, exceptional and those which can ensure their good implementation and deter violations.

The electronic administrative investigation is one of the means of electronic management that aims to reach the truth by more sophisticated means through computers and the information network and resolve investigation committees quickly and accurately, and is more transparent than the traditional administrative investigation. It also necessarily requires legislative intervention for the purpose of giving it legal legitimacy that enables the administration to legally adopt it or develop some rules to suit the development taking place at the level of e-government , and this is what prompted us to develop a legal system for electronic administrative investigation .

The subject of the research is the criminal responsibility of those who contract the Coronavirus infection, due to the nature of the emerging coronavirus that has become a pandemic that is sweeping the world and killing the lives of millions of people, and in the absence of criminal provisions that penalize the transmission of infection despite the severity of the consequences that result from it. Whoever is connected to him from those around him, this disease will be transmitted from him to many, which means that the result of that attack will not stop at the point of injury to the victim only, but that the disease will be transmitted from him to everyone who contacts him with one of the means that transmits the disease, which in turn will transmit the disease to Others, and so this episode will expand until it cannot be controlled or stopped, and that the fate of everyone who falls into this widening episode of infection is death.

The emergence of the new Corona epidemic and its spread in the world has stopped life in general, especially after impose curfews and disrupt the official working hours to limit its spread and limit its effects in the narrowest possible range. This discontinuation has had its effect with regard to the validity of legal periods, whether they are periods of fall or periods of limitation. It is well established that all periods of failure and all other procedural dates, whether those related to the filing of a lawsuit or appeal against judgments, and all periods of limitation, of whatever kind, stand up if a force majeure is achieved that prevents the plaintiff from claiming his right. As it is not fair to rule that the right to expire or the validity of the statute of limitations expire despite the occurrence of a general circumstance that has no bearing on the adversary’s will in his occurrence and he has no motivation to prevent him from completing the proceeding of the case at any stage it was. Therefore, the cessation of all applicable legal periods, whether they are periods of loss or statute of limitations during the period of curfew imposed due to the Corona epidemic, is compatible with the provisions of justice and is considered a correct application of the law.

The President of the State in all political systems has different competencies, the most important of which is executive, but this competence varies from one system to another as it strengthens its role in the presidential system and weakens its role under the parliamentary system and mediates between strength and weakness under the semi-presidential or mixed system has adopted the 2005 Constitution. In Iraq, the parliamentary system, which is based on the dual executive power, that is, the presence of a president of the republic adjacent to the prime minister, and that one of the characteristics and characteristics of the parliamentary system is the irresponsibility of the president of the republic, because it does not have power as the power rotates wherever there is responsibility, and since the head of state in the system This principle was originally from the English system, which promises to be the cradle of the parliamentary system and the crystallization of its existence, but this situation in Iraq is quite different, despite the provision in the Constitution in Article 1 of the adoption of the parliamentary system However, the Constitution itself contradicted itself in contravention of the most important features of the parliamentary system, namely the lack of responsibility of the head of state, whether it is king or president of the republic, where he set a set of actual powers in Article (73), which is carried out by the President of the Republic, including with regard to legislative work, including This is related to the judicial work, the most important of which are the right to pardon, ratify the death penalty and intervene in the appointment of certain categories of judges, in addition to the honorary powers that do not decide the responsibility of the President of the Republic. In three demands where tna Us in the first demand, the executive relationship with the judiciary to demonstrate the mutual influence between the two authorities.
In the second request, we dealt with the President's competence with the special amnesty granted by the Constitution, which is the right of judicial jurisdiction because it relates to the settlement of judicial disputes. the Constitution.

Legislations including Iraqi, Egyptian, and others have decided to estimate compensation or the so-called financial effects as the effect of an arbitrary termination of the employment contract, so the party who terminated the contractual relationship is obligated to compensate the other party for the damages incurred because of this termination.
Compensation for an arbitrary termination and compensation for a deadline for termination notices agree that both respond to the contract of employment, but they differ on the basis and determine the amount of compensation, for the former finds its basis in not relying on a legitimate justification despite observance of the formal framework and the amount of compensation estimated according to the rules as far as harm As for the latter, its basis is the failure to observe the formal framework, the amount of termination compensation, even if it is based on a legitimate justification, and the compensation is predetermined by the value of the remuneration due for the period of notification.
Note that it should be noted that a single termination may result in two types of compensation estimated in advance (the dangers) and the estimated compensation (arbitrariness) whenever the formal framework is not taken into account and it was not documented for a legitimate justification and that compensation for one does not replace the other, but it is permissible for the victim of the termination to He receives both damages together, and the rejection of compensation for one of them does not entail the absence of the judiciary in the other, and it is not permissible to judge in one of them the authority of the matter stipulated in relation to the other.