Journal Of the College of law /Al-Nahrain University

The assistant contract contributes to the financing, construction, rehabilitation and construction of public facilities by providing assistance through public or private law persons and voluntarily assisting them in development projects that contribute to the development of society and that the contract of assistance is the same as administrative contracts in terms of the termination of the contract either by its execution and the expiration of its duration or may expire before its execution and whether the reversal of the donation referred to in the article can be applied (620) of the Civil Code No. (40) of 1951 (amended) on the Administrative assistant Contract, especially since the latter is of a special nature despite the availability of the elements of administrative contracts, The return is the disappearance or termination of the contract by the individual will of one of the parties and for one of the specific reasons And through research, we found that it is possible to reverse aid theoretically, but in practice it is difficult to apply because funds are converted into public funds that are difficult to return after they have been credited to the State's general treasury, However, there is nothing to prevent special rules from being applicable to an administrative assistant contract as long as they do not conflict with and conform to the quality of public funds, particularly in the absence of the legal regime for an assistant contract

Since Allah created Man on earth, characteristics by features that make him a master who is preserved in his dignity and life. Therefore, the positive legislation dealt with the moral aspect of the human personality and provided him legal protection for the right to get honor and consideration by formed texts punishing everything that violates this right, and since crime does not have a certain form, but a variable and evolving one that keeps with the development of societies, so the legislator should do is keep pace with these new patterns of crime and combat them. The crime of bullying is a new type of crime that constitutes a flagrant violation of human dignity, which prompted some legislation to criminalize it. but although their differences, some of them defined them with specific behaviors, and some of them affirm on their commitment and did not determine them with a specific behavior. The massive spread is what prompted us to investigate in clarify its pillar and how to treat it in local and comparative criminal law

The phenomenon of multi-class construction and landlords has increased in Iraq, and this is not justified except because of the change in the economic and social conditions in it, because like any social system interacts with what happens in society, whether it is positive or negative, and since the vertical housing system contains common parts and these parts need to Maintenance and preservation, and in order to continue to perform the construction and other parts in an effective and regular manner for a long period of time and with appropriate efficiency, it must be maintained, and maintenance is one of the most important and difficult problems facing the partners. It is recognized that it is not possible to understand these practical difficulties that arise among the owners as a result of the combination of individual and joint ownerships in one property, and since the sources of problems are diverse, so it is not possible to enumerate them in advance, because it may result from the use and utilization of the common parts, or in connection with their preservation, cleaning and maintenance, or in connection with The distribution of the common burdens between the owners of disputes and disputes, so the legislators were keen to have provisions that would ensure reconciling the conflicting interests.

The phenomenon of smuggling public funds has become a threat to the economic growth and sustainable development of countries, after which it is considered an economic crime that is considered more serious because of its negative financial effects, especially in the economic cycle of any country, in addition to being a counterfeiting of financial and banking institutions and government spending operations that have non-financial effects represented in distorting the system Political and social effects and its ideal image is the pollution of society and the spread of crime features also due to their use of financial and banking institutions through the lack or ignorance of these institutions in such activities and crimes, and from the totality of these effects, the size of the negative impact appeared clear on human rights, so it was necessary for the intervention of global and regional organizations to monitor These negative effects and their treatment according to a legal vision of an integrated agreement that includes the most important remedial mechanisms.

إرتفعت الاصوات في بداية القرن الماضي للمطالبة بحقوق الانسان وبوتيرة كبيرة فاتخذت هذه المطالبات صور عدة احداها مساعدة الفئات المستضعفة من الوصول للقانون والحق وكانت الوسيلة الاكثر فاعلية لهذه الغاية في المجال القانوني هي إنشاء عيادات قانونية في الجامعات مهمتها الاخذ بيد الفئات المستضعفة ومساعدتها في الوصول للقانون عن طريق اعطائهم مشورة او نصيحة مجانية فضلا عن تدريب الطلبة على الجانب العملي التطبيقي للقضايا القانونية ،الا ان هذه النصيحة ومداها يختلف من نظام قانوني الى اخر ففي الولايات المتحدة يكون عمل العيادة القانونية اكثر شمولية حيث يمكن تبني موضوع قانوني لاحد مرتادي العيادة ودراسته وكتابة اللوائح بشانه ومن ثم يمكن لاحد الطلبة المثول امام المحكمة للدفاع عن صاحب القضية، في حين يقتصر عمل العيادة القانونية في النظام الفرنسي على دراسة الموضوع لاحد المستفيدين واعطاء النصيحة الشفوية بشانها ومن ثم يكون لصاحب القضية الخيار إما المضي قدما بها عن طريق توكيل محام او صرف النظر عن الاستمرار باجراءاتها.

The state is a phenomenon of the natural society, as it is a social and political necessity that is necessitated by the social peace of citizens who live under a political system that is subject to a constitution that defines the image in which it takes the exercise of power, and the legislative authority under representative democracy enjoys great importance among other authorities, and the reason for that is because it Originally, it derives its existence from the people, the real representative of that authority, and the legislative authority exercises all its various tasks, including enacting laws and monitoring the actions of the executive authority and other tasks, through its members who carry out their work in the parliament elected by the people.

The importance of the topic lies in the fact that moral validity is represented by good behavior and a good reputation. State employees represent the government, exercise power in public, and are privy to people’s secrets by virtue of their jobs. Therefore, it is necessary for them to have good morals. Accordingly, those who are appointed to civil service jobs must exhibit good conduct and maintain a good reputation as a starting and ending condition in the field of public service in general. All civil service laws require a good reputation as a condition for those who are appointed to government jobs. This is because the behavior of an individual in their private life inevitably reflects on their capacity as a government servant and impacts their career. If possessing a good biography and good reputation means having a set of qualities and characteristics that earns trust among people and avoids anything that affects morals, then it is originally sought by the person themselves. It is closely related to their biography, behavior, and is one of the components of their personality

International border problems and disputes are at the forefront of topics that have been concerned with the rules of international law and regulated by the provisions of agreements, customs and general principles of law and approved by the international judiciary and jurisprudence, because of their complexities and repercussions that cannot be reduced only to legal, historical, political or geographical differences and differences between the countries concerned, but because they are sometimes considered complex and ever-changing disputes and problems, due to the changing political, economic and social conditions of these countries and the ruling political systems. In which the balance of power and alliances in the regional and international oceans has changed, as well as the impact of those disputes and differences in one way or another on international peace and security. Among them is the ongoing border dispute between Iraq and Kuwait. Historical and geographical factors and political, economic, social and military variables between the two countries have played an important role in determining the nature of this dispute, its renewal and development from time to time, until it came to direct military intervention and Iraq's occupation of Kuwait on the second of August. From 1990 , and the
whole conflict then turned into the corridors of the United Nations and the Security Council in particular 0 This Council hastened to issue a number of important and dangerous resolutions against Iraq, perhaps among them and the most serious of which is Resolution No. 833 of 1993, through which the Council was allowed for the first time to undertake the task of demarcating borders between countries 0 Despite the passage of three decades since the end of the Iraqi invasion However, the border problems and their political and economic effects and the psychological and social consequences have not yet ended between the two sides 0 The implementation of the aforementioned resolution has inflicted heavy and unfair damage to Iraq on its land borders and the oil and gas fields it contains, as well as its historical rights in its territorial waters, ports and harbors, considering that Iraq is one of the most geographically affected countries in the region because of its narrow small and only narrow view of a semi-closed sea that is the Arabian Gulf.

The constitution is the general legal framework that constitutes the personalization of the state and its aspirations throughout history, in order to perform its primary function in maintaining legal stability and protecting the basic rights and freedoms of individuals. Its texts are formulated in a way that makes it confront human behavior for a long time, as a viable document whenever its interpretation is required, so that the meaning of the constitutional text expands, including development and change in the conditions of society, because the lesson in drafting the constitution is not in its codification, but in how it is applied to issues of reality. And that the judiciary's pursuit of constitutional justice requires that the role of the judge be a bridge between the interpretation of the constitution and the reality of contemporary society, to bridge the gap of disparity between them. This may require him to depart from the literalism of the provisions of the constitution or the intentions of its authors, and through his discretionary authority, which is governed by a set of judicial bases, to ensure the preservation of the legitimacy of the constitution and legal stability in society. The judge does not make the constitutional change to bridge the gap between reality and the law, because his will alone can do that, or the law does not agree with his own opinion. Rather, it must be within objective impartiality, and the procedures and limits of the legitimate judicial authority in order to maintain public confidence.

The citizen has always been the one who enjoys civil and political rights, and he is the person who has the right to vote or elect, and thus citizenship has been linked mainly to nationality. In the political field, the citizen remains the source of legitimacy and democracy, but in the administrative field, the individual can only be in opposition to the administration, subject to its sole authority that embodies the public interest, and the citizen cannot participate with it in its activity and business. However, in the face of political citizenship, administrative citizenship has developed in successive steps and expanded the concept of citizenship and the citizen. Although it is not possible to link political and administrative citizenship, their connection is that the citizen is a source of legitimacy for the public authority; administrative citizenship does not replace political citizenship. In contrast, the message of administrative citizenship is complementary to political citizenship and thus contributes to enriching the social contrast. The forms of administrative citizenship practice are many, and participation in administrative public affairs can be one of the most prominent practices of administrative citizenship, including the rights and means that ensure citizen involvement and activation of his role in society. To study this new form of citizenship, the research deals with the study of what an administrative citizen is, the nature of the relationship between administrative citizenship and political citizenship, and its relationship to nationality as the basic condition for enjoying citizenship and the means of achieving it.

The current research concerns with a matter of a tremendous importance and consideration, represented by the fact that the French legislator in the consumer protection law had departed from what is familiar in its general rules in civil law represented by the binding force of the contract (the pact is the law of the contracting parties), as it permitted the customer in the overdraft credit contract, whose provisions were regulated in This law is under the heading of consumer credit, the decomposition of the contract and its return, and then the return of the situation to what it was, however, its organization of the option of recourse was not ideal, but the legislator referred to it in partial texts scattered in the folds of the law here and there, so the research focused on clarifying What is it in terms of defining it and clarifying its nature and scope, as well as its provisions leading to its expiry, trying in that to interrogate the legal texts and seek the help of logic and legal reason to reach the optimal point of the option of recourse and that through an integrated legal organization.

This research aims to explain the oversight role that the House of Representatives exercises over the independent bodies in terms of indicating the means used by the Council for oversight, as well as the ambiguity or deficiency contained in the texts. 102, 103, 104, 105, 106), and these bodies were granted financial and administrative independence from the executive authority in order to be able to perform their duties without any influence or pressure from any party whatsoever, and that the purpose of establishing these bodies was to prevent the executive authority from interfering in business entrusted to these bodies, and for the participation of large groups in the work of these bodies, including those with experience, competencies, and free professions, without any being restricted by the condition of belonging to the political parties belonging to the authority, as well as for the purpose of preserving the rights and freedoms of individuals stipulated in the constitution in accordance with the principle of legitimacy. By clarifying these oversight means and emphasizing the oversight role of the House of Representatives over these bodies, this will ensure the impartiality of the administration and ensure the extent of its independence as it is part of the executive authority, but it is financially and administratively independent of it to ensure that it does not deviate from its true goal of serving the public, protecting the public interest and preserving on public funds

The big change of the political system of in Iraq after 2003 led to an increase of the number private universities on a large scale and for these universities to open branches in the provinces and the Kurdistan region even before the existence of legal provisions regulating issues of establishment, management and control of these branches, as a result we the need legislate a new law provides for the conferment of legal legitimacy on it. But this law was devoid of detailed rules. Therefore, we chose this topic in order to clarify the legal provisions related to the conditions of recognition and to indicate the procedures that must be followed to obtain the fundamental approvals. We also touched on the educational system in the branches as a result of recognition, the branch management system, and the authorities that have the authority to monitor and audit all branches of work.