AL-Qadisiya Journal

One of the significant fundamentals of the state of law is the subordination of all authorities to the law in all their conducts, as well as submission to the principle of hierarchy of legal rules. Since the constitution is at the topmost of the hierarchy of legal rules, the laws issued by the legislative authority and the regulations and instructions issued by the executive authority must be compatible with the codes of the constitution in form and substance. This supremacy of the constitution does not produce its impact unless it is accompanied by oversight of the constitutionality of laws in order to abandon everything that violates the constitution, and the body that takes upon itself this task is the constitutional judiciary. As the constitutional judiciary is at the same level of the three authorities in the state, and since the organization of public authorities and highlighting the frameworks of their competence and controls is one of the constitutional topics addressed by the constitutional document, considering that the constitution is the real embodiment of the public will and the sovereignty of peoples, constitutions usually and deliberately sets the basic principles for the organization of public authorities in the state and do not go into the particles but rather transmits to ordinary laws in organizing the details according to principles it has set. Perhaps the reason for choosing the law as a method is due to the fact that law is the embodiment of the public will and comes after the constitutional texts in rank.

The administration\\\\\\\\\\\\\\\'s right to choose the contractor with it stems from its being the beneficiary that announces its desire to implement a specific project by whomever it will choose from among the applicants in the manner of bidding or bidding, but there are considerations that the administration seeks to be present in the contractor for several reasons, and this is what we find always and often in the method Tenders, as the administration chooses and in the manner of bidding the contracted with it due to the presence of certain characteristics that distinguish it from others, such as financial adequacy, technical expertise and reputation, or perhaps to present it with the lowest bids at a price, and this is called personal consideration for the contractor, but if we go back to the method of auctions in the contracts for the sale of state funds, we find that the administration sells its money For the bidder with the highest price, regardless of any personal consideration, since what is important to her in that is achieving the greatest possible benefit for the public utility, however, in specific cases, she looks at the bidder from another door and for specific reasons and for certain personal considerations, so she resorts to contracting with him in a contract for the sale of one of her real estate To him, for reasons related to the job aspect of the bidder, taking into account his circumstances and considering him the first of other citizens to buy that property, or related to the fact that the bidder is one of the state utilities who wants to buy the property in order to use it for public purposes. As the title of our research.

The Federal Supreme Court in Iraq, which exercises constitutional jurisprudence according to the 2005 constitution, consists of various elements, judges, experts in Islamic jurisprudence, and legal scholars. With it, as well as the conditions that must be met by them and that qualify them for the job of the judiciary, which the constitution did not address, all of these matters may cause an imbalance in the independence of the court and affect its work and may challenge its impartiality, and that addressing these problems is very important so that the work of the court is straightened and its role is strengthened and so that there is acceptability of its decisions

The extension of the public employee’s service is an exception to the end of the employee’s service by force of law to complete the legal age for referral to retirement، provided that there is no time interval between the retirement age and the extension while continuing the same job position. The extension period is counted as job service، and the extension of the public employee’s service results in the continuation of the job link between the administrations. The employee is in the same legal position that he occupied before completing the retirement age and its extension. The duties of the job apply to the public employee during the extension period in addition to the rights. The matter is reflected in the administration with a number of diverse effects، including positive by retaining competent employees with renewed scientific and practical experience to ensure the functioning of the facility. Public interest and achieving the public interest، in addition to negative effects such as expenses and increasing the number of employees، and there are effects for the public employee, such as economic, social, health, and other effects, the extension period ends with the specified expiration methods.

The legal provisions for the crime of electronic defamation are based on the reason for its criminalization, and this reason is represented by the attack on the honor and prestige of the victim, in addition to the pain it may entail for himself, the material and moral damage to him, and the exchange that may lead to it between him and the perpetrator of the crime of electronic defamation. The legal provisions for the crime of electronic defamation can be known by referring to the penal texts in force, as we note that the Iraqi legislator has used flexible phrases regarding the means of committing the crime of defamation, as he mentioned this in Articles (433, 434) stating that in the event that electronic defamation or insult occurs through publication in newspapers Or in publications or in any form of media. This is considered an aggravating circumstance.

The crime of forced kidnapping is son of the most important international crimes that threaten the security and tranquility of society and that appears clearly in politically or security unstable countries, as governments and through their security services as well as unofficial military devices called by the government seek to arrest or detain anyone who constitutes a real threat or it is not real for the government to be absent and not to give any information about it to its relatives, and because of the importance and seriousness of this crime, the international community turned to it and consequently prohibited it through its international agreements in this regard as a crime against humanity that requires accountability and punishment for the perpetrators

From a certain point of view, which represents a constitutional problem in some countries and not others, especially the pioneers of it, which prompted some to consider the reversal from the point of view, which led some to consider the reversal from the point of view of the continuation of the consideration of it as a constitutional violation and the overriding of the court that it within the limits of its competence.

There is no doubt that each of the international treaties and national internal laws is of great importance in all societies, as the international legal base represented by the texts of international treaties and conventions of all kinds is characterized as the cornerstone in the consolidation and consolidation of international relations in a way that prevails in international peace and security at the regional and global level, while it is indispensable for national legal rules in the emergence of states and maintaining the functioning of public utilities in the state and the security of its citizens and institutions from disintegration and loss of those Rights.

Alerted the world recently to the danger of the situation of the whole world because of pollution in general and pollution from traditional energy sources or as some call (b sources contaminated) In particular, this pollution, which led to the change of climate, and is threatening the lives of all living beings on the planet, which prompted many to look for other sources of energy which is renewable sources and of b (wind, water and sun .... etc.) which represents clean energy, and despite the fact that these sources are available in nature, but it needs the support of governments and states to be able to promote environmental realities facing traditional energy sources, because the support of these sources is the way to get rid of the pollution, or at least mitigate, and represents legislation special laws on renewable energy and organization of work and invested the first step to support these sources, in addition to the formation of body concerned with following up and organizing renewable energy sources, as the financial means big role in promoting and supporting these sources and by granting tax incentives for investors in the renewable energy sector, it is these incentives to grant tax exemptions or deduction for the costs of systems and renewable energy equipment and services introduced in and out for specific periods or open

In this research, we study the nature of partnership contracts, their adaptation, and the extent of the jurisdiction of the administrative judiciary to resolve disputes that may arise from these contracts. The practical reality has proven the inability of one sector alone to satisfy the general needs of society, especially with the recurring financial crises that strike countries and lead to the accumulation of debts and their inability to finance Projects, and the resulting damage to the level of services provided to individuals, which prompted these countries to contract with some private sector companies through partnership contracts to meet the general needs of individuals in many facilities, including the communications facility.This was followed by disputes occurring between the state and these companies, just like any contractual relationship between any two parties. Thus, the need arose to define the legal system and the competent judiciary to resolve these disputes, especially in countries that follow a dual judicial system, including Iraq, which made it the jurisdiction of the administrative judiciary to resolve them. Disputes arising from partnership contracts in the telecommunications facility are very limited due to the absence of a law that regulates this type of contract and determines its nature, and this is what we will explain in this research.

Ustomary law forms the basis of international humanitarian law, and is mainly represented by the rules formulated by the International Committee of the Red Cross in the form of international agreements. It struggled to cover most of the circumstances and complexities of armed conflicts, to establish more humanitarian principles that limit the brutality of wars, but these international documents were drawn up a long time ago. (1864 the first a convention in international humanitarian law).Although there are relatively recent agreements, they have not kept pace with the rapid developments in technology, computer science, and cyberspace.Armed conflicts - like other aspects of life - are affected by technological developments that surprise us daily with new inventions, and countries strive to adapt these technologies in the ways and means of armed conflicts, most of which are the use of cyber attacks.The problem that arises in answering the question: Is it possible to apply the rules of international humanitarian law to cyberattacks, even though they were not designed for such operations? Yes, there are general principles in them, but the specificity of these attacks and the complexities and details they contain raise doubts in the answer to this question. Based on the above, a group of jurists and law professors, commissioned by the North Atlantic Treaty Organization (NATO), developed a guide that includes solutions and answers, when the application of international humanitarian law to these attacks is in doubt. The guide was called (the Tallinn Guide). This research presents highlighting the Tallinn Manual and its usefulness in addressing cyber-attacks.

The constitutional courts are the highest judicial body in countries, as they monitor all the work of the authorities and ensure their approval of the constitution, and countries varied in their control over the work of the Council of Ministers in general and customs orders in particular, some countries later monitored the constitutional judiciary legality. In Iraq, the Federal Supreme Court did not have a firm opinion on this subject, so it rejected it at first and then simply monitored it on the customs orders.

Many names have been used to define the elderly (the elderly, the oldest, the third age group, old age, the elderly) and the last term is what was used according to the United Nations statistics, where they were defined as people aged 60 years and over and in order to protect their rights and to enjoy a life of safe and healthy The international human rights charters had a role in this because there is no special agreement that suits their characteristics, and they benefit from the general protection mechanisms established by the United Nations to monitor violations that they may face. The importance of these bodies increases based on the nature of human rights in general and the rights of the elderly in particular.

The International Criminal Court was established under the Rome Statute of 1998, and entered into force on July 1, 2002, as an independent, permanent international judicial body, exercising its jurisdiction over international crimes stipulated in Article (5) of the Rome Statute, with the aim of establishing individual criminal responsilbility. . The Rome Statute of the International Criminal Court of 1998 created a relationship between the Security Council and the International Criminal Court, and this relationship is described as being of a legal nature, based on clear and unambiguous legal provisions. The International Criminal Court, and these two powers are: the referral power according to Article (13/b), and the power to postpone according to Article (16) of the Rome Statute, as well as the role of the Security Council in obligating states parties and non-parties to cooperate with the court, and finally the extent of its power to give Immunity against the jurisdiction of the court, and we have tried in this study to identify the dimensions of this legal relationship and the consequences thereof and what is the impact of the Security Council, which is a political body, on the work of the court, which is an independent, permanent international judicial body.

This research seeks to address the legality of obliging an employee to receive the new Corona virus vaccine and the measures taken by the government to impose taking the vaccine to prevent the spread of this epidemic, and that such measures have begun to expand in their application in various parts of the world. Studies show that most countries in the world have begun to force their citizens or to restrict them. In order to receive vaccine doses out of concern for their health and the safety of society as a whole; The measure that Iraq began implementing during the pandemic period is not a new measure, but on the contrary, it is a measure issued under laws issued in previous times to confront this dangerous epidemic, which is no less dangerous than the diseases and epidemics that spread in the past and was a justification for legislating such preventive laws. However, we find that the procedures of the Crisis Cell and then the central government in imposing such a measure do not affect human rights in general and the employee in particular, given that they made the concerned person the choice between receiving the vaccine or submitting an examination every week that proves his safety from the epidemic in order to preserve his safety and the safety of those who come into contact with him. In general, this is on the one hand, and on the other hand, the issue of depriving an employee who refuses to provide anything that confirms his safety, whether that is by submitting an approved vaccine card or submitting a weekly examination that confirms his safety from infection, from practicing his work and is considered absent from work for that day; Rather, it falls within its jurisdiction, given that it is primarily concerned with maintaining the elements of control, the most important of which is public health. Withholding wages as determined by employment laws was an application of the rule of pay for work.

Combating corruption is one of the most important policies supporting development, and this study sheds light on the impact of administrative corruption on development and human rights. The study aims to highlight the efforts of the Kingdom in combating corruption and achieving reform, emphasizing the Kingdom's determination to combat corruption in all its forms.The study shows that administrative corruption constitutes a major obstacle to achieving development and negatively affects the development environment within the country. Therefore, the study addressed the importance of developing innovative and flexible legislation, enhancing transparency and accountability, and supporting community participation in combating corruption. It also emphasized the need to raise awareness in society about the seriousness of corruption and the importance of comprehensive and effective efforts to combat it in order to achieve development and promote comprehensive progress and prosperity.

This research deals with the philosophical foundations through which the constitutional judiciary legislated, to extend its control over the constitutional amendments, and the relationship of these foundations to the direction of the constitutional courts in exercising their control over the amendments, and examines the effectiveness of those philosophical foundations and then the right of the constitutional judiciary to adopt them to impose its control over the amendments that are outside the spirit of the constitution and its philosophy, by presenting the judicial applications of the constitutional courts, and how these courts were able to play an effective and important role In exercising this type of control in the absence of an explicit constitutional text, by developing its oversight tool, especially its competence in interpreting constitutional texts, or through its statement and showing the crystallization of these texts of a special philosophy that expresses the prevailing legal idea, and thus the success of the constitutional judge in employing these foundations in the field of oversight of constitutional amendments.

The summons to appear is one of the procedures stipulated by the penal legislator in most of the ethnic and Egyptian criminal legislation, as this procedure is considered one of the procedures that preserve the rights and freedoms of the accused in accordance with what was stipulated in the Iraqi constitution of 2005. It is taken by the investigation authorities and the criminal judge when it is necessary for the accused or one of them to appear .parties to the criminal case. This is determined according to the type of crime committed by the accused. If the crime carries a penalty of one year or less, the competent authorities may summon the accused to appear.That is, the summons to appear is one of the procedures that the investigative authorities resort to in accordance with their discretionary authority in light of the legal controls contained in the Code of Criminal Procedure, especially in simple and non-serious crimes in which there is no fear of the accused escaping or his influence on the conduct of the investigation or the parties to the criminal case. This procedure is such that in implementation it is not permissible to resort to force or coercion against the wanted person and to take action against him when he refuses to comply voluntarily and voluntarily, otherwise the violator will be exposed to legal accountability that amounts to the imposition of a penalty against him since the act constitutes a crime stipulated in the Iraqi Penal Code, as is the case with exceeding the limits. The power given to the competent officer while he may have recourse in While in another type of investigative procedures, it is permissible to resort to the use of force against the person against whom the execution is intended by the competent authorities, especially in the event of failure to respond and voluntarily submit to the implementation of those procedures, which may amount to authorization and authorization to use weapons and lethal force without the person carrying out the implementation entailing any responsibility. These procedures include arrest, detention, and search, unless the person in charge exceeds the permissible limits.

Achieving intellectual security is and still is one of the most important challenges facing the countries of the world, including the Republic of Iraq recently, as a result of the radical changes and transformations taking place in the countries of the world, on top of which comes globalization, the most dangerous of which is the intellectual invasion through the media of all kinds or through websites that deal with penetration all areas of life, whether in terms of political, social, religious, cultural or other systems, And since it is not more dangerous to the stability of society and the achievement of its security than the spread of an intrusive thought that has far-reaching dimensions that negatively affects the achievement of intellectual security in the country and then hinders its development and achieve sustainable development at the level of its various systems and destabilizes stability and security among members of society and the spread of many crimes, most notably drugs and corruption extortion, domestic violence, etc. In addition to the spread of many ideas and beliefs that are not related to our cultural heritage and violate religious, moral, and human values and principles, and since achieving intellectual security is the mirror of society and reflects the extent to which its members maintain the identity of their original society, it was necessary to have a legal basis that gives administrative control bodies of all kinds a role. active and vital that allows it to develop a solid strategic plan for intellectual security characterized by comprehensiveness, transparency and fairness in order to develop community awareness, It relies on exploiting the positive elements offered by globalization by taking preventive methods that are characterized by efficacy in order to avoid therapeutic methods whose results are not guaranteed in terms of their effectiveness, to be thus an impenetrable bulwark against any currents or deviant destructive ideas that lead them to collapse in an effort to enhance the intellectual security of the general population Country.

There is no doubt that the principle of equality and equal opportunities is one of the well-established human principles that nations and peoples are keen to adhere to in all areas of life, as no human society exists in the presence of differences stemming from gender, color, religion or origin, and this principle is one of the strongest and most influential principles In content, because all human beings must be equal in principle in bearing public costs and burdens and enjoy public rights and freedoms, however, the principle of equality before the law may make an exception in special laws that give discrimination to some groups and privileges that differ from other groups of society for reasons that require that according to conditions and philosophy that are contained in their reasons for legislation.The question is, is this discrimination before the law contrary to the constitution and enjoys legal legitimacy? Does the constitutional judiciary allow it if the constitutionality of those laws is challenged? What is the position of constitutional jurisprudence on this discrimination and is it a positive discrimination or is it a discrimination that breaks the cohesion of a single society.That exception may affect the principle of non-discrimination between groups of society and give a privilege to one group at the expense of another in society, such as appointment to state departments, admission to graduate studies, extension of job service, or the permissibility of double monthly salary, which angers groups not covered by those privileges, and finds it in violation of their constitutional right to The law’s obligation to treat everyone equally without favoring one over the other, and it may push them to go to the Federal Supreme Court to challenge the unconstitutionality of those laws, arguing that they exceed the principle of equality before the law and equal opportunities, in which they persist in social justice.

Possession of a movable property in good faith is the title deed or the possessor’s deed if its conditions are met. Although this rule is a principle, it is subject to an exception that hinders its application with regard to stolen, lost or usurped items that came out from under the owner’s control without his or her will, but through fraud or misappropriation. Breach of trust. The owner has the right to recover these movables within three years of theft or loss. If the owner is able to seek recourse against the possessor in good faith, then the possessor in good faith has the right to withhold the stolen item until he receives the price he paid in cases stipulated in some legislation that obligate the owner to expedite the possession to the possessor in good faith. The price he paid, and the possessor in good faith also has the right to seek recourse against the possessor in bad faith from whom he received the right, according to the general rules of entitlement. There are cases in which the possessor in good faith does not have recourse against anyone, that is, there is no one to compensate him for the harm he suffered, and he cannot seek recourse against the state with a claim. It is entitled to compensation because the person who caused the damage is unknown, because this, as we will see, encourages theft.

The beneficence relationship sparked a wide jurisprudential and judicial debate about whether or not it is considered a contract, as the provision of free services, especially free transportation, free medical care, free research and legal consultations, volunteering to test a medical vaccine or medicine, and other free works that enter Within the contracts of beneficence, it needs a legal framework that regulates the legal relationship between its parties. Some of the jurisprudence and the judiciary, who are the majority in France and the Arab countries, considered free works to be nothing but social courtesies, and therefore denied them the status of a contract, and others went to assigning free works to the basis on which contractual obligations are based according to the contract formula under the name of the beneficence contract. We have adopted the comparative analytical method in writing the research with dividing it into two sections. In the first topic, we dealt with the non-doctrinal direction of beneficence, as for the second topic, we examined the nodal direction of beneficence, the research concluded that beneficence to provide a service without charge is a contract if the beneficiary has the intention to donate and this contract we called the contract of beneficence, and the study recommended the necessity of regulating the beneficence contract in the civil law because there are no special provisions for it in this law.

The right to education represents a basic obligation on the state, as it represents a basic constitutional right, and this commitment leads the state to the need for continuous improvement of the requirements of this right, especially the creation of a sound educational environment, and it is not possible to talk about a sound educational environment with the spread of cases of violence committed in schools.In fact, many students in various parts of the world still suffer from this scourge, as it is considered a major obstacle to the task of education and building the human personality in this era of life.This study attempts to shed light on the concept of school violence and the position of Iraqi law on the cases of violence committed, in comparison with the French case, in order to facilitate support for efforts to combat it.

The guardianship of banks is a tool in the hands of the Central Bank, given that it is the sectoral body specialized in monitoring the bank, as it can intervene in the life of the bank whenever it is convinced of the existence of a case that requires or may impose guardianship on it. Before the sectoral authority towards the banks in which a case of imposing guardianship stipulated in the law is achieved, so that it results in subjecting the bank to the supervision and control of the trustee in order to address the bank’s inability, the problem of this research lies in the lack of clarity of the legal texts in regulating the subject of guardianship, which is imposed by the sectoral authority on banks according to Order of the Coalition Provisional Authority in Iraq No. 94 of 2004, as these texts were translated from the foreign law, as they came far from the legal technical formulation and contained some terms alien to the Iraqi legal system.

As a result of the economic transformations and developments that the world has witnessed، intangible property has appeared alongside material property, which has become of utmost importance in the success of institutions. The success of companies has become linked to the intellectual property they own, for example, computer programs, and this will be followed by the recognition of intellectual property rights as a place of mortgage, and their use in a proper way. It is increasingly considered an attractive element and has become one of the most prominent guarantees for obtaining credThese intangible transfers do not have a physical entity and are not perceived directly by the senses. Their effect on external knowledge is perceived indirectly, such as writing, drawing, or sound. Their special, distinct nature results in their being subject to rules of their own other than those that govern material transfers. The intangible transfer is important. It is significant for its owner, as it represents a source of income that enables him to benefit from it. As an owner who enjoys the powers that grant him the right to ownership, he has the right to mortgage it if he needs any cash flow, given the value of these movables, which, regardless of the size of the debt, is able to pay it off.

In English law, civil responsibility traditionally arises from two main sources: breach of contract and tort. However, there are damages for which the English courts impose a person’s responsibility based on his acceptance, if he is in a situation that would influence the course of events and justify this imposition of responsibility, in accordance with the principle called “assumption of responsibility”. English courts and scholarship differed about interpreting the nature of assumption of responsibility. Some said that it falls within the category of liability for tort, others said that it is of a contractual nature, while a third held that assumption of responsibility is an independent and distinct basis for liability that differs from both breach of contract and tort. Although this principle has established in English law, it criticized because it gives the courts a means to impose liability simply because the defendant is in a situation that affects the course of events for the plaintiff. In this research, we have discussed the principle of voluntary assumption of responsibility in English law in terms of its concept and the different opinions regarding its legal nature.

Embracing young people who have been neglected by life and stranded is a bright image of social solidarity, in that it compensates them for their families that they lost, and unknown parentage. This paper presents conditions of this sponsorship, and the different views of jurists in the type and end of guardianship over the orphans. As for the legal aspect, this paper deals with embracing neglected youngsters in the Iraqi Juvenile Welfare Law and compared it with the Moroccan Neglected Children’s Sponsorship Law by addressing the conditions required for fostering neglected youngsters in both those seeking custody and the neglected youngster, and the implications of including the youngster by showing weaknesses and strengths in texts of the Iraqi legislation, with an attempt to suggest amending and drafting some legal texts, such as adding some conditions for embracing the spouses and the child in custody, as well as allowing the woman to embrace the child if the conditions stipulated in the spouses are met, and allowing those who are considered orphans and children of unknown parentage to be embraced if it is evident that they are neglected by their families.

In our study, we will examine the error in the legal description as one of the reasons that require the judicial ruling to be overturned and invalidated which is embodied in the incorrectness of the comparison between the documents and facts presented before the judge with the legal rule that must be applied to those facts, as it is the appropriate legal cover for them. This process is considered the most difficult thing that a judge may face, who must develop a solution to the dispute presented by the opponents, relying on the facts and requests submitted by them in accordance with the paths and frameworks prescribed by the law.

When establishing any legal rule, there must be a purpose intended by the legislator behind the enactment of this rule. The legislative philosophy of the rule of indivisibility of fulfillment lies in the fact that the legislator wanted by it to protect the creditor from his debtor when he partially or incompletely implements his obligation (fulfillment of the debt). Partial), the creditor has the right here to refrain from accepting the partial fulfillment of his right, and he has the right to adhere to the fulfillment of the entire debt, and the debtor also has the right to adhere to the fulfillment of the debt in full, in order to be discharged completely and finally, so the rule of indivisibility of fulfillment is established in his interest as well, and on the other hand the philosophy Total fulfillment allows the creditor to obtain his full and indivisible right, and the determination of the rule provides protection for the contractual bond between the creditor and the debtor alike.

Making a copy for personal use of protected works is one of the limitations Contained on the exclusive copyright, and these last rights are either financial rights that transfer to their owner as an author or owners of related rights to benefit from his works and obtain their financial return, whether he did it himself or through others, he assigns him to act by licensing him to do so, while the other right is represented by moral rights Which is attached to the personality of the author and therefore it is not possible for him to dispose of it or waive it and the statute of limitations does not respond to it, and these rights are established in the comparative laws that refer to this copy, but making this copy (the copy for personal use) may be in part a matter of damage to normal exploitation Which the author often seeks to achieve by publishing his work, or this may harm his legitimate interest, and therefore it is necessary to adhere to the issue of not harming the ordinary appeal of the work or the legitimate interest of the author and neighboring rights holders.

The company's obligation to disclose its non-financial statements is intended as required by the law or regulated by the contract to disclose details related to its economic activity in terms of social and environmental aspects and others outside the scope of the usual financial statements. Legislations, especially late ones, oblige commercial companies to submit to the public or the competent supervisory and regulatory authorities, periodically or when needed, all non-financial statements that interfere with their economic activity to enable them to view them in a way that allows them to take appropriate decisions and actions to achieve their interests or carry out their duties in accordance with what is required by law and what is demanded by the rules of proper commercial work. On this basis, and in comparison with the financial statements of companies, the non-financial statements are more extensive in terms of content and scope, and the philosophy of companies' commitment to disclose these non-financial statements extends in different directions that generally seek to ensure the effectiveness of the company's activity and its ability to continue and be sustainable.

Psychological family violence is considered one of the modern terms that have become foreign to our societies. The Iraqi legislator did not refer to the designation of domestic violence in the Iraqi Personal Status Law No. (188) for the year (1959). The method used and related to it. However, recently there are two drafts for domestic violence. The first draft was submitted by the Presidency of the Republic to the House of Representatives in September 2019 under the name (The Law against Domestic Violence), and the second was submitted by the Council of Ministers for the year (2020) under the name (Protection from domestic violence at the level of Islamic jurisprudence, jurists did not differentiate between the category of coercion and the category of violence.Psychological family violence is represented as insulting, insulting, insulting, bullying and degrading dignity, or it may be intellectual, such as imposing opinions on others or forcing a family member to adopt a certain belief.The personal scope of psychological family violence that allows the request for the dissolution of the marital bond is limited to the violence emanating from the husband towards the wife, the violence emanating from the wife towards the husband, mutual violence between the spouses, and the violence emanating from one or both spouses towards the children. Disciplining the wife as a result of not observing the order in discipline starting from the sermon, abandonment in the bed, and the beating is not severe, or for not adhering to the conditions of discipline in terms of the nature and occurrence of what necessitates discipline, the means of discipline and good intentions, or for not observing the conditions for disciplining children.Psychological family violence has an effect on the dissolution of the marital bond when the harm resulting from the violence is severe, and if the violence has an effect, marital life cannot continue.

Precautionary measures are considered one of the effective systems in international commercial arbitration because of their important role in protecting and preserving rights and legal positions related to disputes agreed upon for arbitration, but they are surrounded by many problems with regard to the competent authority to issue them, and the procedural rules used in issuing them, as they are It did not have a clear organization in the legislation concerned with arbitration, which led to surrounding it with ambiguity and ambiguity in defining its concept, so it was necessary to stand on the meaning of precautionary measures and determine the authority to issue them, in order to reach solutions to the problems that surround them, and remove the ambiguity that surrounds them, through Statement of the views of jurisprudence and legislation concerned with arbitration.

The real estate executive seizure is distinguished by its own systems that distinguish it from the seizure of movable funds. The automatic sale is a system that is unique to the real estate seizure، as the Iraqi legislator in the implementation law singled out the real estate seizure with special systems that distinguish it from the seizure of movable funds. The most important of these systems is the system of automatic sale of real estate by the debtor That is، selling the real estate without bidding, as the legislator authorized in Article 91 of the Iraqi Execution Law for the executor of justice to authorize the debtor to sell his seized real estate, and one of the systems that distinguish real estate seizure is the annexation system, which is considered one of the systems that the legislator stresses in the seizure of the real estate, and it has The legislator also specified the competent authorities in the execution of real estate funds .

The International Civil Aviation Organization (ICAO) has provided many different interpretations during the conferences and sessions held by it to mix the legal rules organized by traditional aviation with unmanned aviation, including the regulations of the air interests stated in Chicago Convention in 1944, Rome Convention in 1952 and Montreal Convention in 2009.The problem of the research lies in the responsibility of the drone’s operator on the damages resulting by him to the others according to the international conventions and the organized laws to the drones, bringing together the analysis of the legislative status in Iraq and the sufficiency to cover the responsibility by the damages that may be resulted from the drones in Iraq.In the light of what is mentioned above, the research is divided into two chapters. The first chapter deals with the definition of the drone’s operator and the determination of the nature of responsibility. The second chapter highlights the time, place, and materialistic scope of the responsibility of the drone’s operator.Finally, some results are concluded, and some solutions are concluded to solve the problems that may be instigated by the use of drones in Iraq.

The text of Paragraph (2) requires Article 10 of our effective Personal Status Law No. (188) of 1959, as amended. The spouses undergo a medical examination, stipulating that: “The statement shall be accompanied by a medical report confirming the spouses’ safety from contagious diseases and health contraindications...”But the text raises many questions such as: What is the ruling on marriage if one or both of them has a disease, but it can be treated with medication or a medical procedure that requires a specific time or not? The text requires the medical authority - whose legal accreditation standard has not been specified. Should it be a governmental institution, despite its modern medical poverty, as is known? Or may it be a private institution by approving its official license for this work - informing the court whether the spouses are in good health or not, and it is not specified for that body to answer the examination regarding the extent of the possibility, means and duration of recovery from the health barrier specified in the report.Perhaps this topic and the obligation included in the text regulating it - despite its uniqueness in regulating the topic despite its importance - has suffered from many shortcomings, starting from its legislative and applied legal details, from the timing and method of conducting it, and the cases of non-obligation and adherence to it, all the way to what is obligatory in its entirety, in terms of its legislative transgression. We find alternatives that we believe are appropriate, and we have tried in the research to diagnose and shed comparative lights on all these issues, to prescribe for them what we see as a treatment.

The pris is one of the essential elements of a salse contract as asalse contract is a form of exchang where each party receives something in return for what they give .iraqi civil law defines a sales contract in Article 506 as the exchang of goods for money ،and absolute sale in article 507 as the sale of a tangible asset for cach. Without the prise, which is the buyer’s obligation, we cannot have avalid sales contract. Other contracts, such as donation contracts are exempt from the requirement of a pris.The prise is considered one of the essential matters that must be agreed upon. Civil legislation، including Iraqi civil law, states in Article 527 that the pris must be determined in cach, unlike Islamic law, which allows the price to be anything else. Iraqi civil Law and Civil Ligislation provide various methods for determining the prise in a salescontract, some of which are derived from Islamic law, such as barter and sales on trust. Therefore we deemed it necessary to research the subject of barter and clarify its rulings in cmparison to other means, aswell as the stance of Islamic schools of thought regarding its permissibility or prohibition relying on Islamic jurisprudence resources and the opinions of jurists .The idea of this research was manifested in lectures given to postgraduate students of the master’s program in the Department of private law for the academic year2021-2022. We pray for the success in our endeavor

Geopolitical theories are an important basis in the Russian academic debate in different historical eras, due to the Russian mentality’s belief in the importance of the Russian geopolitical location in the heart of the world, and the Duginian theory did not stray from this proposition, as it represented an extension of Eurasian thought in an attempt to demonstrate that Russia possesses the historical, civilizational and material capabilities necessary to be a nucleus. Unifying the continents of the ancient world based on a new, comprehensive, non-exclusive theory according to a Eurasian vision that allows the creation of regional blocs with Russian support to confront the Atlantic axis led by the United States of America.