Journal of Kufa legal and political science

Security, in its general sense, for the state means and represents the title of its civilization, keeping pace with the dimensions of development and the measure by which the extent of its belief in freedom, justice, and dignity is measured. Therefore, security enjoys a valuable and important position in every state and receives a large and appreciated share of attention and care. All of this is because the state's political, economic, social, and psychological stability has become dependent on its stability and the spread of reassurance and security in its regions. Therefore, it helps achieve prosperity and meet the basic and necessary needs of the human being. Security also plays an important and appreciated role in protecting the state's gains from class disasters and those made by man within its national borders. It is noted that the phenomenon of national security is linked as a subject of study and research in the social sciences system as a result of the events and facts of conflict at the international level represented in crises, wars, and various threats in addition to the crises that result internally and that challenge the behavior of the state. What is not absent from memory and action is that interest in the phenomenon of national security constitutes an integral part of it and is in no way separate from the importance that the national interest of the state enjoys. Among the most important pillars of national security are awareness and understanding of all internal and external threats, and developing strategies and plans to confront those threats by developing the most important joints of the state’s forces, securing all necessary capabilities, and exploiting all the state’s economic, political, social, and security force.

International laws, represented by international agreements, resolutions, judicial rulings, principles of international law, and international custom, have contributed to establishing the protection of international waters and consecrating protection at the national level. They include national laws represented by the constitution, legislation, applicable laws, and judicial rulings to protect the water borders of riparian states and guarantee the state’s right and the right of individuals. From these waters, this study came to explain the national and international legislation related to protecting the water borders of the riparian countries. The analytical approach was followed to analyze the legal texts that guarantee the protection of the water borders of the riparian countries, and the comparative approach to compare what was stated in international and national legislation in order to explain the legal principles and foundations that This protection is based on, Several results were reached, including that all international agreements and resolutions referred to the principle of equal distribution between these riparian countries, as well as not harming the interests of other countries. These decisions and agreements contributed to resolving existing disputes based on the distribution of border waters to the riparian countries, and we also reached Several recommendations were made, including that the international rules on which the Iraqi legislator relies in its relationship with neighboring countries, which revolve around the distribution of shared border waters, need more regulation to prevent the depletion of this water wealth and ensure its equal distribution.

The Iraqi legislator has allocated special provisions to pre-emption and made it a reason for acquiring ownership and a means to reduce the number of partners in joint ownership, by giving the right of pre-emption to the partner in the joint property to get rid of the procedures and expenses required for dividing the joint property. The Iraqi legislator has specified in Article (1129) of the repealed Iraqi Civil Code the persons who are proven to have the right to take pre-emption, namely the partner in the joint property, the mixed party, and the adjacent neighbor. It is noted that the above text was stated absolutely when it stipulated that the partner in the joint property has the right to take pre-emption, and in this it is consistent with the provisions of Islamic jurisprudence. It is noted that the absoluteness contained in Article (1129) of the Iraqi Civil Code came from two aspects, the first when it stipulated that the partner in the joint property has the right to take pre-emption, and thus the right of pre-emption is proven here for the partner in the property whether the joint share is sold to the partner or to someone other than the partner. However, this generality contained in Article (1129) of the Iraqi Civil Code has been restricted by the text of Article (1132) of the Iraqi Civil Code, which stipulates that “if the buyer of the pre-empted property has met the conditions that make him a pre-emptor, he is preferred over the pre-emptors who are of his class or of a lower class, but he is preceded by those of a higher class.” Thus, the right of pre-emption for the partner in the common property is not proven to him unless the common share was sold to a foreigner and not to the other partner in the common property, and due to the lack of jurisprudential or legal studies on the effects resulting from the contract of pre-emption.

Food security is one of the most important basic requirements for a state that enables it to live in self-sufficiency and provide the basic needs of citizens. In addition, it is considered one of the most important basic standards for the advancement of states and their good planning and management. A successful state is a state that seeks to provide and guarantee its food security, and provide for the needs of its citizens. necessary and to develop the necessary plans to secure these needs in normal and exceptional times.

Definition of a cancellation suit: A lawsuit in which the appellant requests that the administrative judiciary review the legality of an administrative decision and rule to cancel it if it is proven to be illegal. Elements of a cancellation suit: Plaintiff: Natural person (full capacity) / Legal entity
Defendant: The administration (represented by the natural persons in charge of it)
The subject of the lawsuit is an administrative decision issued by the unilateral will of the administration that has legal effects.
Resolving authority: The administrative judiciary.

Federalism is a political and administrative system that aims to achieve a balance between central and local authorities, ensuring human rights and fundamental freedoms. This research explores the features of the federal system and its role in promoting human rights through three main sections: The first section addresses the general concepts of federalism in Arab and Western jurisprudence, while the second section focuses on the theoretical foundations of the federal system, such as the people as the source of authority, the social contract, and the division of powers. Finally, the third section reviews the characteristics and performance of federalism in modern Western systems. The research demonstrates how federalism contributes to strengthening democracy and preventing the concentration of power, with recommendations for adapting its principles to different systems.

This study dealt with modern scientific technical means and their role in the process of extracting criminal evidence and criminal proof, as the principle of freedom of criminal proof allows the use of modern scientific techniques, but this use results in violating the sanctity of the body and attacking the privacy of people who should not be touched and violated. This privacy is one of the most important human rights guaranteed by law. Therefore, this legal study came to reach a solution that maintains the balance between the interest of society in combating crime and the interest of the individual to keep his basic rights protected. The subject of research is also constantly and continuously renewed, and criminal evidence methods quickly change from time to time and from place to place in order to keep pace with the rapid development of technology that has included all areas of life, including the commission of crimes. Modern scientific techniques have diversified and their divisions have multiplied. Some of this evidence is derived from the human body, such as genetic fingerprints, and some are used secretly, such as photography and audio recording. Note that I did not address all types of modern scientific techniques, but rather focused on the most commonly used ones and also on the evidence that raises some problems.

This research addresses formal requirements in commercial documents under Palestinian legislation, comparing it to Jordanian legislation. The study aims to clarify the precision and clarity of legal provisions concerning the formal conditions of commercial documents and the consequences of their violation. Comparative analytical methodology was employed to compare legal texts in Palestinian and Jordanian legislation, referencing legal doctrine and interpreting relevant provisions. The findings reveal that the Palestinian Draft Commercial Law adopts a stricter approach to formal requirements, enhancing trust and protecting rights. However, this rigidity may pose additional barriers to daily transactions—conversely, the Jordanian Commercial Law No. (12) of 1966 demonstrates greater flexibility in addressing minor formal errors, facilitating the circulation of commercial papers but potentially increasing the risk of legal disputes. Both legislations safeguard the rights of bona fide holders, though differences in the specifics of liabilities exist. The researcher recommends reviewing the Palestinian Draft Commercial Law to balance rights protection and practical considerations, amending legal provisions to avoid ambiguities in terminology, and introducing greater flexibility for handling minor issues that do not affect the substance of obligations. Furthermore, the study suggests incorporating legal provisions for issuing blank commercial papers and subsequently completing their details, along with conducting additional comparative studies between Palestinian legislation and other jurisdictions to adopt global best practices in regulating commercial papers.

ISIS crimes in Speicher and Saqlawiyah are classified as war crimes, crimes against humanity, and genocide. The Speicher crime is a clear example of genocide because the organization targeted a specific group (Iraqi Shiite soldiers) with the intent to destroy them. The organization killed an estimated 1,700 Iraqi soldiers. ISIS also flagrantly violated international laws of war, especially the Geneva Conventions. ISIS war crimes include the Speicher and Saqlawiyah massacres, and the use of internationally prohibited weapons. The Saqlawiyah crime is a clear example of a crime against humanity, as ISIS used chlorine gas against soldiers besieged in the Saqlawiyah area. An analysis of the elements of international criminal responsibility indicates that the Speicher and Saqlawiyah crimes include material and moral acts that constitute war crimes and crimes against humanity. Physical acts include murder, torture, and kidnapping, while moral acts include criminal intent, i.e. the intention to harm victims because of their sectarian affiliation. The research has shown that it is difficult to prosecute the perpetrators of the Speicher crime, for several reasons, including the large number of perpetrators, the constant change in their identities, and the rapid movements of the organization. Article 50 of the Iraqi Penal Code is considered a powerful legal tool to hold accountable all those involved in the Speicher and Saqlawiya crimes, as it emphasizes the principle of partnership in the crime and prevents any individual from escaping punishment on the pretext that his role was secondary. However, the shortcomings of national legislation and Iraq’s failure to join the Rome Statute of the International Criminal Court pose a major challenge in prosecuting the perpetrators of the Speicher and Saqlawiya crimes, not to mention that Iraq can resort to the Security Council, based on Article 13 of the Statute of the International Criminal Court, to request that these crimes be referred to the International Criminal Court.

International sanctions are tools used to pressure states or entities that do not comply with international law, and are usually linked to decisions of the United Nations Security Council under Chapter VII of the UN Charter. However, states or regional organizations may impose sanctions outside the framework of the Security Council, raising questions about their legitimacy and the obligations of other states to implement them. Sanctions imposed by the Security Council are binding on all member states under Article 25 of the UN Charter. Sanctions outside the Security Council are based on national laws or consensus among states, making the compliance of other states not legally binding but potentially politically effective. Some states (such as the United States and the European Union) impose sanctions unilaterally or in cooperation with regional partners to achieve political or economic objectives. These sanctions may conflict with the principle of national sovereignty and international law if they are not based on clear international decisions. They may be considered unlawful interference in the internal affairs of other states. They may lead to legal disputes in international forums. States may face the challenge of balancing their international legal obligations with bilateral relations with the sanctioning states In the absence of a binding international mechanism to assess the legitimacy of these sanctions, their impact remains dependent on the economic and political power of the countries or blocs imposing them, which makes them a controversial tool in international relations.

Smart robots are described as not just traditional machines that perform repetitive industrial tasks automatically, but rather as smart machines that rely on themselves without human intervention and perform tasks and work with independent individual decisions, which requires recognition of their special legal status that is completely different from the traditional legal status. Therefore, the European Parliament went to the need to grant them a legal status that is consistent with their practical nature. The European proposal referred to the theory of the human representative, the purpose of which is for the human representative to bear civil liability for damages committed by smart robots while performing their tasks because they do not have legal personality and do not have management and awareness to reach the stage of bearing responsibility. Therefore, the European Parliament proposed the idea of granting them electronic personality as a modern legal description and in order to relieve the burden of responsibility on the human representative, but it is a description that is still vague and deficient, and lacks a fertile legislative environment. Modern legal theories are a starting point for Considering the legal of intelligent robots.

Sudan has been experiencing a political crisis since 2021, following the dissolution of the civilian government and the military's takeover of power. This has resulted in severe consequences that have affected various regions across the country. The conflict began as a struggle between the Sudanese Armed Forces and the Rapid Support Forces over the protection of Sudan's political interests after the ousting of Omar al-Bashir. However, it escalated into internal conflicts involving multiple parties, with tribal militias playing a significant role.The ongoing conflict in Sudan has raised regional and international concerns. The involvement of major powers, particularly the United States, cannot be overlooked, alongside fears of an escalating humanitarian crisis due to shortages of food, water, and medicine.

Money laundering is a phenomenon that has had a negative impact on various economic, political, social and security levels due to the interconnectedness of its elements and the multiplicity of its effects on the global level due to the impact of trade, globalization and the freedom of money transfer, in addition to the multiplicity of countries that are classified as safe havens for money launderers. In addition, the possibility of money laundering spreading has increased in countries that suffer from instability and successive changes in governance systems, especially forced changes that occur as a result of the use of violence, as there are no accountability, accountability and monitoring systems for public money due to the lack of institutionalization of the idea of state-building institutions and the lack of transparency in government operations. It is not surprising that this crime (or phenomenon) has spread in countries that are going through stages of democratic transition, which leads to the weakening of social, political and legal institutions. The crime of money laundering is the behavior adopted by criminals to ensure the benefit of the financial proceeds resulting from their criminal acts, which undoubtedly results in the depletion of the economies of countries and thus destabilizing their internal security. In order to understand the nature of the crime of money laundering, we must know the concept of money laundering in the language, Islamic jurisprudence and law, with a statement of the forms and characteristics of this crime and the stages it goes through.

The roots of basic human freedoms go back to the ancient civilizations that the Earth has known, and the most prominent of these civilizations are : Mesopotamian civilization, Nile Valley civilization, Greek civilization, and Roman civilization. Therefore, we will study the rooting of basic freedoms in ancient civilizations based on four demands. In the first demand, we will address freedoms in Mesopotamian civilization, in the second we will explain freedoms in Nile Valley civilization, and in the third we will explain freedoms in Greek civilization. As for the fourth demand, we will devote it to explaining freedoms in Roman civilization .

the people themselves undertake directly through popular referendum without representation. The latter is intended to refer to the people directly to obtain their opinion on a political or legal matter such as amending the constitution. This oversight is represented by popular referendum and oversight by political parties and a group. the pressure A popular referendum is a democratic tradition that focuses directly on the people to obtain their opinion on a general political or legal issue in its general sense or a decision issued by the executive or legislative authority to support or reject it The means of popular oversight are similar in the United States of America and the Islamic Republic of Iran. In Iran, the Iranian people can monitor the head of state through some institutions that were established for this purpose, including the Office of Administrative Justice. It is to force him to move in the right direction and not deviate from the right path, first and to improve his performance in running the state again. In the United States, popular censorship consists in not electing the president for a second term. The American and Iranian parties have a major supervisory role to strengthen or weaken the position of the head of state, to evaluate his performance, and this lies in two directions. The first is for any of these parties to nominate a person for the presidency of the state, and then those parties push public opinion by various legitimate means to elect him as president of the country, and the second direction is in If the party is opposed to the president’s policies in the event that its candidate loses in the elections, it extends its oversight over the actions of the head of state. And not only within the legislative councils of the two countries, as we mentioned; But even outside its corridors, these parties have the power of influence to move the street.The pressure group in Iran differs in ideology from the American one in that the former puts pressure on the president to correct him or forces him to issue what is in its interest and the interest of everyone, and this does not contradict the purpose of its formation. It is the interest of the group, but in the United States, these groups force the head of state and decision-makers to meet special demands, whether they are within the United States or for the benefit of another country.

Abstract: The topic of my research entitled Contractual Liability and its Impact on the Lease Contract in Iraqi Civil Law and Islamic Law is an analytical critical study considering it a distinctive topic of great interest in societies due to its wide spread that sheds light and attention on me to write and narrate it because I found it of great importance in our past and present time and keeping pace with modernity and because of the authority of Iraqi civil law in this regard as a research topic since the lessor and lessee in the lease contract must first of all stand by the provisions, texts and controls of the Iraqi legislator in the law for what he has put and focused attention on. Contractual liability in all its types is considered one of the most important topics in the law that the Iraqi civil law and Islamic law have been interested in, keeping pace with the developments that occur in it and the changes that occur from time to time in society. Here, liability is through the one who grants the individual a job he has done, and this job is considered a commitment to the rules. Here, liability can be classified into two types: moral liability if it is formed and is related to non-compliance with moral rules and is not related to the law, or if it is related to non-compliance with legal rules, here it can be considered a legal liability, as it is separated into several sections. It can be said that there is criminal liability that causes harm that may affect one of the members of society, which can be determined within the texts of the penal articles, and contractual liability in Iraqi civil law, which focuses on non-compliance with the agreement.

Due to the increase and expansion of legal persons in prosperous countries and their danger to economic security, legal security and other areas, most countries have tended to assign criminal responsibility to the legal person, including Iraq as well. Therefore, in our view, it was important to study this topic in its various aspects and compare it with other laws of the world. In order to clarify the deficiencies in our criminal legislation related to the criminal liability of the legal entity, and for the purpose of our study, we followed the comparative method, as it was necessary to compare Iraqi criminal legislation with foreign criminal legislation. For the purpose of our study, we divided the research into two sections: In the first section, we addressed the concept of the legal person in two chapters. The first chapter was devoted to defining the legal person and explaining its components, and the second chapter was devoted to studying the basis of the criminal liability of the legal person. In the second section, we discussed the provisions of criminal liability, which we divided into two chapters. In the first chapter, we addressed the scope of criminal liability for the legal entity, and in the second chapter, we explained the penalties imposed on the legal entity. In conclusion, we presented the most important conclusions and recommendations that we reached through the study.

The practice of freedoms in the digital field of great importance at the present time because it is one of the basic freedoms that that are characterized by ease of practice. Its practice in this field represents a shortcut to time and effort by expressing information ,opinions and ideas that are shared on social networking sites at any time ,which allows users and individuals to participate through the freedom to express opinions and ideas and gather in electronic forums that may be scientific ,cultural or social ,in addition to the freedom exchange information , which is truly one of the basic rights of individuals and is linked to digital freedoms .As a result of the widespread use of social networking sites and electronic applications and the advantages they enjoy ,they at the same widespread use of social networking sites and electronic applications and the advantages they enjoy, they at the same time represent a danger and restriction on the practice of those freedoms through forms of digital violation such as forgery, malicious software and hacking of user 'personal data. Providing the necessary protection for digital freedoms and how to practice them in the digital field in a safe manner necessitates that there will be security ,legal and technical measures at the national and international levels to provide digital security through technical mechanisms related primarily to digital monitoring that place specific controls on the exercise of digital freedoms to ensure that they are exercised away from digital violation ,in addition to placing other controls to prevent the misuse of digital freedoms and their going beyond the framework of public order.

Human rights challenges in the Statute of International Criminal Courts have been numerous in attempts and efforts to create an international legal will to govern international wars and conflicts, defend humanity and put an end to crimes against humanity and the flare-up of wars in a number of States around the world. World public opinion has called for a legal instrument that puts an end to all such international crimes and has produced such efforts on the establishment of the International Criminal Court and Human Rights Rights 2002 Its jurisdiction and the attitude of the Court in the heart of the world, in particular the accession of the United Nations. The problems impeding the work of the Court have been very much in its work. At the national level, the Court disputes jurisdiction between the International Criminal Court and national courts and the International Criminal Court's relationship with the United Nations and the challenges that impede the Court's conduct in human rights.

Direct listing of shares is listing shares directly on the financial markets without resorting to the subscription process. As a result of the development that the world is witnessing in general, as well as the development that the financial markets are witnessing in particular, direct listings have emerged in advanced financial markets and achieved prominent importance. This mechanism has produced many advantages and we have discussed them in our research. This mechanism saves a lot of time and effort for companies and investors, which It helps support the growth and development of small and medium enterprises. We demonstrated the importance of direct inclusion through two sections: the first includes advantages, and these advantages are counterbalanced by disadvantages that I discussed in the second section. At the end of our research, we arrived at A set of recommendations and results.

In this study, we focused on the Council of State and the jurisdiction of the Supreme Administrative Court in resolving jurisdictional disputes. The Council of State was established under Law No. (165) of 1979 and its amendments, and its functions and structure were defined by this law. Among its divisions was the judicial section, which includes the (Supreme Administrative Court, the Court of Civil Service, and the Administrative Court). The legislator noticed that the regular judiciary could not achieve the justice sought by employees due to the evolution of life in all fields, which led to an increase in the problems arising between individuals, between institutions, or between individuals and institutions. This caused delays in resolving disputes in the regular courts. As a result, there was a need to establish parallel courts to the regular judiciary that would focus on resolving disputes in an important area: the administrative sector. These courts would help alleviate the burden on regular courts. Therefore, the legislator enacted laws to regulate the work of these courts, leading to the enactment of the Law of the State Consultative Council No. (65) of 1979, which organized the work of the Council of State in Iraq. Several amendments have contributed to the transition from a unified judicial system to a dual system, especially the second amendment No. (106) of 1989 and subsequent amendments, the most important of which was the fifth amendment No. (17) of 2013. This amendment granted jurisdiction to the Supreme Administrative Court as a court of cassation for all decisions of the administrative judiciary courts and gave it the authority to resolve jurisdictional disputes.

Globalization has multiple political manifestations, which appear in human rights issues, issues of democracy, state sovereignty, strength and functions, interference in the internal affairs of states, individual freedom and public freedoms. Therefore, the research seeks to focus on knowing the nature of the challenges imposed by the emergence of the term globalization on the Egyptian and Iraqi citizen. We relied on the descriptive analytical approach, Which is useful in exploring scientific facts and deriving provisions from international laws and legislation used to know the impact of globalization challenges on the rights of Egyptian and Iraqi citizens. The study concluded that globalization constitutes a challenge to social policies and social development in the Arab region. All international texts have included political rights as one of the concepts of human rights. Confronting the phenomenon of globalization and liberalizing foreign trade requires concerted national efforts to create the political, legal and economic climate to keep pace with these global changes. Therefore, the study recommends the necessity of developing economic policies to address the effects resulting from the application of globalization policy on societal sectors or groups of society, health insurance, and microfinance.

Any violation of the rights of a migrant child, or allowing it to do so, constitutes a serious danger not only to the children, their well-being, and their future. The seriousness of this phenomenon has led to highlighting the general framework of these international criminal violations before going into their details and analyzing them to show the negative aspects from the positive ones and ways to address the negative aspects and activate the positive aspects, including It achieves the goal for which international rules were established to protect the rights of migrant children.

The principle of learning between regions and combatants is one of the basic concepts in international humanitarian law, and it is a humanitarian and philosophical one. The text: The obligation to direct hostile operations against military combatants and targets and to avoid reaching civilian targets and targets. It is also originally known as its codification in Article 48 of the In addition to that. The first (1977) imposed the instruments of the law responsible for combatants, especially without using Geneva Third (1949) and the First Additional Protocol (1977). It also specified specific criteria for distinguishing between areas and combatants on the one hand, and on the one hand, between areas between civilian and military areas. Its approval by international instruments as a standard Difference and contribution

Heritage represents the living memory of the individual and society and has great importance in all ages. It is one of the most sublime creations left behind by humanity in the past. Peoples take pride in their past, and countries take pride in their civilization and glories. Therefore, preserving heritage is of great importance to preserve history and accurately transmit its events. The Antiquities and Heritage Law is considered one of the special and important laws that aims to protect the cultural heritage of the Iraqi state, which follows the approach of international agreements to protect antiquities and world heritage. Archaeological sites and neighborhoods are a scientific heritage that represents the cultural identity of nations and peoples. They are directly linked to the emergence and progress of any civilization throughout the ages and must be legally protected. Iraqi legislation has established legal protection for heritage. The Iraqi legislator uses the term heritage materials to express objects of an artistic or historical nature, and subject them to a specific period of time in accordance with the provisions of international law and international agreements. We find that specialized international organizations have paid extensive attention to Iraqi antiquities and heritage, including UNESCO. International agreements have also been important in protecting Iraqi antiquities and heritage, especially after the occupation of Iraq in 2003 by American forces and their allied forces, and in 2014 after the terrorist organization ISIS occupied the city of Mosul, as Iraq's antiquities were subjected to theft, looting and vandalism.

Cultural heritage has invaluable sublime features as it is an integral part of the country's national cultural identity. Its acquisition by another country as a result of illegal seizure by all means constitutes a violation of international law, and the aggressor country bears responsibility for this attack for its illegal act. Iraq has been subjected more than once to serious attacks on its heritage and cultural property, especially what happened in 2014 and what the civilization of Mesopotamia has been subjected to over time of theft and looting of cultural property. Iraq has the right to recover it through international cooperation and diplomatic channels and to invoke international responsibility through the competent judicial authorities against some countries of the world and international organizations that supported or facilitated the attack on Iraq's cultural heritage and to prosecute those who looted that property and return it to Iraq, the legal and legitimate owner of it.

The philosophical structure of the contract theory, although it is based on an objective fact that is fixed in its essence, is a variable consideration in its appearance. Therefore, we find that civil legislation has given the contract great attention that is commensurate with its importance as the most important subject of private law. Considering the value of the law with its principles and detailed rules must be based on the extent to which the law is appropriate to reality. The legislator has organized the subject of the contract with final legal rules like any other legal subject, since each legal rule has a purpose intended by the legislator, through which the ideal final purpose intended by the contract can be reached, through which he expresses the philosophy he adopts in organizing the contract. However, philosophers and jurists of law have differed regarding this metaphysical purpose of the texts or rules regulating the contract, as they are rules based on a philosophical structure inspired by factors and circumstances required by the society addressed by them, until contractual justice became a subject of jurisprudential disagreement as the ultimate metaphysical purpose that the contract should achieve.

This research focuses on the issue of international resolutions issued by the UN Security Council and their violation of international legitimacy by shedding light on the resolutions taken by the UN Security Council that have been criticized or considered to be in violation of the basic principles of international legitimacy. These resolutions may include military interventions, imposing sanctions, or any resolutions that raise legal issues related to national sovereignty. The importance of the research is highlighted by the fact that the Security Council is one of the basic bodies that govern international peace and security, but some of its resolutions have raised questions about the extent of their compatibility with international legitimacy. In recent years, the international community has witnessed many changes that have had a profound impact on international relations, leading to the emergence of international positions that affect international relations, especially with regard to dealing with various international issues, as well as affecting the application of the basic principles of international law, the principle of sovereignty, the principle of equality of sovereignty between states, the principle of non-interference in the internal affairs of states, and other principles, especially in dealing with the fight against international terrorism and international relations. This has led to interference or influence in the decisions of the United Nations and other international organizations, and the violation of the principle of state sovereignty for many reasons under different justifications, whether legitimate or illegitimate, although this principle was and still is one of the components. The basics on which the edifice of law is based, which we will discuss in detail in this research, as the emergence of these concepts and phenomena led to a contraction or change in other international concepts, most notably the principle of state sovereignty, which was subjected to flagrant violations that reached the point of military intervention and striking all components of the state, territory, people and sovereignty in several regions of the world under any pretext that may be legitimate, and may be to achieve the interest of one of the major countries.

Constitutional language is the general language that is used in a special way, in special contexts, but it defines a specific use, and this language is formed from the elements of options in the basic unit in the term (term), there is no language without a term; the first abyss and the starting point in its existence, from that the language is formed from the constitutional syntactic structure (systems) that is seen to the way in which the terms and supporting concepts are organized and arranged in a constitutional sentence within a special structural organization that is in line with the requirements of the constitutional field. Our point of view is evident in determining the content of constitutionalism, the lack of constitutional value for the words of the galaxy without Jews to the constitutional constitution, as there is no weight for the vocabulary of the constitutional text except within the framework of its constitutional context, and the basis of the theory of context can be constitutional language is a framework that does not form any images inside it to renew constitutionalism. It is summarized in the study of the subject of constitutional language, which is summarized in its highest effect of extension in achieving the quality of constitutional formulation of texts, in addition to its interpretation of the apparent or implicit will of the external authority, as language is periodically pivotal in organizing the linguistic structure of the constitutional text, and its good use leads to the quality of the content of constitutional texts, through focusing on sound phrases and complex sentences, and contradictions between texts, and on the other hand, the existence of constitutionality is inevitable in stating the meaning of each word individually at the beginning, and then clearly defining the meaning of the text, through a set of linguistic relationships, and this is done through applying linguistic instructions and rules for those words and structures, which inevitably lead to understanding their meaning and context, which together constitute constitutionality in its effectiveness and content.

It is a crime to promote what provokes sectarian and sectarian strife Crimes against the security of the state, because of what these crimes cause Violation of national unity, social peace and coexistence Peaceful interaction between different components of the same society The Iraqi and comparative legislator has been keen to protect her The guarantee of social peace as representing the interest is replaced Protection, the violation of which constitutes a violation of State Security The seriousness and importance of this crime was realized as soon as The occurrence of criminal behavior represented by the act of promoting what provokes Sectarian and sectarian strife without waiting for a result Certain, they are from formal crimes that are realized as soon as The occurrence of its component edgramic behavior, and our socket on Punishment is this crime for the lack of material between the act The perpetrator and the estimated punishment for the crime, the Iraqi legislator Specified in Paragraph (2) of Article (200) of the Penalties of imprisonment for a term of more than 7 years or Confinement, the term absolute confinement can be used by a judge. By getting away with the punishment alone, confirm me, the purpose is achieved here A criminal policy aimed at toughening the criminalization of every offense It is based on national unity and social peace of khidl The excitement of promoting what provokes strife on a sectarian basis and who is Hei Between the spectrums of a single society and aims to spread this distinction And the shipment of Souls between different sects.

Economic and political development and increased state intervention in various fields have led to the development of appropriate means to manage the state and its activities. Thus, the role of the state has shifted from that of a guardian to that of an intervener. It now exercises two basic functions: the first is the management of public facilities, and the second is its authority to exercise administrative control. Regardless of the various definitions of administrative control, its concept remains the same: "restrictions and controls imposed by the public authority on individuals in accordance with the requirements of public order." It is also one of the first and most important duties of the state, as it is necessary for the stability, maintenance, and preservation of social life. Without it, chaos prevails and society collapses. While the individual has rights and freedoms, the exercise of these rights and freedoms is not considered absolute. Perhaps the most dangerous threat to these rights and freedoms is the imposition of restrictions on their exercise. However, while emphasizing the protection of these freedoms from tampering or interference that would undermine their exercise, we must not forget the preservation of society and the maintenance of public order in a manner that ensures the public interest, as it represents a guarantee of these freedoms.

The mosque is a matter of credit and intention, and realizing its essence depends on the intention. Therefore, the endowment must intend the mosque during the endowment, otherwise it will be a mosque and a house of prayer, and only the provisions of the endowment apply to it, and not the mosque that has special provisions. The mosque is an example of a public endowment and a type of endowment for public purposes. According to well-known jurists, the collection of the endowment in this type of endowment, like other endowments, is one of the conditions for the realization of the endowment. Said property will be inherited. For example, if a person allocated a piece of land to build a mosque and did not mention that this piece is for the mosque’s equipment such as toilets, toilets and shoe racks, then this means that he did not declare his endowment in detail, so is this correct? Has a mosque ruling? This article seeks to answer these questions. This article aims to explain the jurisprudential and legal foundations of the aforementioned fatwa.

Administrative bodies in all their forms are keen to maintain the purity of functional work through their correct interpretation of legal texts and their avoidance of divergent interpretations that lead to confusion in administrative work, It puts the employee in a maze to choose the right action that will keep him from negligence or failure to fulfill his job duties, and in front of the huge amount of administrative interpretations that differ from one another due to the ambiguity of the legal texts and their conflict , It may lead the employee to commit some job violations and require disciplinary action, Therefore, the Iraqi legislator has been keen to include in the State and Public Sector Employees Discipline Law No. 14 of 1991, as amended, a set of guarantees that must be followed to achieve justice and balance between the interests of the public administration and the rights granted to the employee to ensure the stability of legal positions and acquired rights in accordance with the law.

The minority has a unique concept within the scope of companies, especially in general shareholders’ bodies. They are the people who represent the smallest number in relation to the total number of shareholders or partners, that is, the difference between the majority and the total. The law has granted minority shareholders full rights as they are partners of the company, but the abuse of their rights in it may not be taken into account. In the interest of the company, it is considered arbitrariness on their part to use these rights, and any abuse of the right means a breach of the imposed obligation, as the legislator has granted the minority many rights. And mechanisms to practice them so that they are safe from the tyranny of the majority. However, the minority, in turn, must take into account the social interest of the company and not abuse its rights granted to it by law.

Foreign investment and legislative omission are two new terms that have only recently been addressed by jurisprudence. Foreign investment has emerged that did not exist in previous eras, but there was trade, barter and other means. Legislative omission is often stipulated in a customary manner or what legal scholars use as a phrase (unconstitutionality) or through the principle of (separation of powers), although the constitutional judiciary has addressed it in monitoring the constitutionality of laws or monitoring legislative omission; This is when the legislative authority exercises its role and organizes topics related to it in the field of regulation. Oil and gas have now become the main sources that the state, which is rich in these two resources, relies on; Therefore, the state resorts to enacting investment laws and laws related to oil, gas and natural resources. In Iraq, the legislator was silent in enacting the oil and gas law for political reasons, the existence of chaos and other reasons that led the legislator to remain silent about enacting it. In addition, the failure to enact this type of law results in negative effects, and the silence of the legislator in the framework of the oil and gas law led to many legal problems in the field of foreign investment, especially with regard to encouraging foreign investments.

The Chinese-Iranian economic partnership represents one of the bilateral partnerships based on strengthening interests and coordinating policies between countries seeking to play more active roles within a hegemonic system. It aims to achieve a balance with the dominant power in the international system, applying Randall Schweller’s ideas to the balance of interests, which is based on managing opportunities and shared interests between revisionist and dissatisfied states in the international system. This is done through coordinating policies to respond to the expansionist roles of the hegemonic power in the international system. Therefore, the Chinese-Iranian economic partnership comes as a strategy to challenge U.S. hegemony and an attempt to reduce its negative effects on the reality of both nations.

Political considerations have an impact on the selection of the Prime Minister, and the power of the Head of State to select the Prime Minister is restricted and limited in the traditional parliamentary system, specifically in some constitutions such as the Iraqi Constitution. This restriction is represented by the existence of a parliamentary majority that supports the person chosen, whether this majority belongs to one party or to multiple parties in the form of a parliamentary coalition. The Head of State may ask for advice before selecting the Prime Minister, and the old Prime Minister may, on his own initiative, advise the Head of State to select the Prime Minister.

The public employee is one of the most important means and pillars on which the administration relies in implementing its tasks and duties through the specializations that have the right to practice and apply them. He deserves praise and appreciation as well as deserves blame and penalties according to the circumstances. This is consistent with the principle that where there is authority there is responsibility. The legislator tried to find a kind of balance between the rights of the administration and the employee and to ensure the regular and steady management of public facilities. However, it is likely in most legal systems that the authority of the administration is not absolute in imposing penalties on the public employee, but there are controls and limitations that are sufficient to protect the rights of the employee. Some of these penalties are imposed only through a recommendation from an investigative committee, and others do not require that. The minister or head of the department may impose penalties on the employee after interrogating him. Interrogation is a direct means to investigate the public employee by the minister or the head of the department. Therefore, the interrogation is one of the most dangerous means that the administration possesses, especially under some laws that make decisions to impose penalties resulting from the interrogation final, binding and not subject to appeal. In order to understand the importance of the interrogation and its effects, we will study its definition, importance and nature, then we will address the guarantees that guarantee the protection of the rights of the public employee and what are the justifications for that.

Deferred surety, and indeed the guarantee in general, plays a prominent role in ensuring the performance of obligations when the guarantor's liability is organized to the debtor's liability in the claim for the performance of the obligation, and if the guarantee is concluded by means of a guarantee contract under which the guarantor is obligated to guarantee the performance of the obligation if the debtor breaches that obligation, considering that the guarantee will be pending on the condition that the guarantor does not perform the obligation The problem of the guarantee arises in particular when for the deferred guarantee that this type of guarantee is only at the end of the specified term, and therefore the guarantor can get rid of the guarantee as long as the debt has not been owed by the debtor, considering that the guarantee here will be added to a future time, the creditor cannot claim the guarantor except when the deadline specified in the guarantee contract expires.

The constitution is the supreme law of the state. It defines the form of the state and the system of government in place, and defines its public authorities and their relationship with each other, on the one hand, and their relationship with individuals, on the other hand. This is what the Iraqi constitutional legislator stipulated in accordance with the 2005 Constitution. However, one of the state’s public authorities—usually the President of the Republic—may resort, in some exceptional or emergency circumstances, to suspending the provisions of the constitution, in part or in whole, for a long or short period, in accordance with a constitutional provision that gives it the authority to do so and within the principle of legitimacy. This is what is commonly called the official suspension of the constitution. Or the three public authorities of the state, or one of them, may resort, in political cases that lead to the suspension of some provisions of the constitution, without relying on a constitutional provision that gives it the authority to do so. This is what is commonly called the actual (unofficial) suspension of the constitution. We have addressed this by explaining the nature of suspending the constitution and its concept in general, according to the linguistic and objective criteria, its elements, and what distinguishes it from others, as well as in particular by explaining the forms of suspending the constitution that we mentioned above. And the justifications (justifications) for each of the images.

After the political change that Iraq witnessed in 2003, an important phase began in the political history of Iraq, represented by the American occupation forces dissolving the Iraqi international institutions, including the army, security and political institutions, and rebuilding them anew, and rebuilding the state. Opinions differed regarding rebuilding the state. There are those who believe that political stability, economic prosperity and social peace are what is coming, especially when the temporary coalition forces were emptied. The parliamentary political system was formed to be an alternative to the previous totalitarian regime, and the process of political transformation towards democracy began through the approval of political pluralism and the adoption of the principles of law and respect for human rights and basic political freedoms. However, the process of building the state faced an error in that it was conducted in a manner based on consensual democracy and quotas, which negatively affected all areas, including the deterioration of security policy and the spread of financial, administrative and political corruption. The state became subject to a group of challenges, all of which were fundamental problems that stand as an obstacle to building the Iraqi state in general and security policy in particular. Part of this crystallized in the increase in terrorist operations, especially after the events of Mosul in 2014 by the terrorist organization ISIS, the deterioration of the security situation, the lack of state control over its borders and the weakness of Its security institutions and political instability. After 2017, with the victory of the Iraqi army, in cooperation with the international coalition forces and the Popular Mobilization Forces, it was able to defeat the terrorist organization ISIS. Then, the post-ISIS phase began to rebuild the state and its institutions and redesign its capabilities and functions, as required by the requirements of achieving national security and strengthening security policy in Iraq.

The issue of biofuel has gained great importance at the present time; as this type of fuel is a means of achieving gains in three areas (environment, energy, and rural development). Entering the field of biofuel production to achieve these gains was not without risks, as the shift towards biofuel led to the exploitation of a lot of land that was used to grow crops that are directly or indirectly included in human food. As the international community seeks, through concluding many international agreements and declarations, to make all necessary efforts to protect natural resources in a way that protects and enhances food security, on the contrary, some countries seek to expand the production of biofuel under the pretext of achieving positives in various areas (environment, energy, development of rural communities). This is negatively reflected on food security through the squandering of resources. Despite the enthusiastic trends about the positives of biofuel in the field of energy and the environment; we found that these trends did not provide a study linking biofuel production and its risks to food security within the scope of international law.

Poor legal drafting is a defect that the legislator must avoid and overcome. There are many ways that the legislator may do in order to carry out this task, but it is more appropriate for the legislator to avoid falling into poor legal drafting, which will be considered a legislative defect that he must address later. He will be able to do so as long as he has followed the sound foundations for enacting laws. The legislator ensures that any law is enacted with good legislative drafting, free as much as possible from defects and achieving the goal for which it was enacted, thus avoiding the dilemma of correcting the defects of poor legal drafting. The presence of any defect, ambiguity or vagueness in the legal drafting means that there is a deficiency in the legislation, and this means that the legal text that was enacted and legislated is not suitable for the requirements of social, economic, religious or political life prevailing in the state. Therefore, this legislation is not sufficient to treat the problems that it is supposed to treat, and thus its legal texts are not able to keep pace with the development taking place in society or comparative societies.