AL-Mostansiriyah journal for arabic and international studies

Abstract
Legislation is the mediator through which all social changes take place, whether they are political, social or economic changes, and legislation is the mechanism by which governments and parliaments can respond to the changing and renewed needs of their societies.
Good legislative drafting contributes to the stability of legal situations, and it reflects in the lack of amendments affecting the well-drafted law. Poor legal drafting may lead to the proliferation of legal texts and their incoherence with each other, which affects the approved legislative patterns and gives them the characteristic of volatility and inconsistency. Which leads to negative effects on the process of implementing these laws, and the issue becomes more difficult if it is related to public servants.
Hence, the interest in the issue of legal drafting does not concern the formal and procedural side, but rather it affects the objective side as well, as long as it aims to the application of the rule of law and good governance. Through the enactment of good and developed legislation, with utmost clarity and precision in wording, consistent with the Constitution and not inconsistent with other laws, and understood by the general public. The most important thing is that it can be applicable, as experience has shown that bad drafting of legal texts has affected the ability to implement them and achieve the purposes for which they were enacted.
Keywords: legislative drafting, legislation, public office, legislative policy, discipline law.

Abstract
The essence of the criminalization of illegal gain in the light of the first amendment to the Iraqi Integrity Commission Law is an advanced step to confront those who assume senior positions and jobs in state institutions to achieve the benefits of personal gain for them in an illegal way.
Those who cause severe damage to various social and economic aspects, national development and various public interests, as they represent financial corruption that is difficult to prove due to the privacy of the perpetrators, which is associated with inflation of funds and their unjustified increase in the elements of financial disclosure for them or their families in a way that is not commensurate with their usual resources. The effective confrontation and the biggest challenge to this widespread phenomenon in the public office requires more legal measures and filling the legislative shortcomings and ambiguities in the Integrity and Illicit Gain Commission law currently in force.
The researcher sheds light on the mechanisms, strategies and legislative deficiencies to confront this, with an indication of the relationship of this crime to money laundering and its consideration as an international cross-border crime. And to what extent is this compatible with the provisions of international conventions and treaties specialized in combating financial and administrative corruption?
Keywords:illegal gain,financial and administrative corruption, crime, Integrity.

Abstract
The management and organization of water resources is represented by the total technical, institutional, legal and operational activities required for planning, development, operation and management of water resources. Therefore, attention to the management of water resources in Iraq is necessary to cover the growing human needs of drinking water and various civil uses, as well as to secure the requirements of all economic sectors in the country, The integrated management and regulation of water resources is a basic necessity in any country that makes this resource one of the most important rights and pillars that cannot be abandoned, and the right to water is of great importance in Iraq, which has become threatened by drought and desertification despite its possession of large water resources from rivers Like the Tigris and Euphrates rivers, whose sources are located outside Iraq, which is considered a large part of the problem in this area, and therefore the responsibility of the state and its various authorities rise in securing this right for its citizens. An important right for its citizens, and a legal obligation on its institutions, and a goal that the state seeks to achieve. Indeed, the constitutional legislator regulated the right to water in the Iraqi constitution of 2005 in force and referred to this in the folds of the constitutional texts related to the exclusive powers of the federal authorities and the joint powers of the federal authorities and the authorities of the regions and governorates that are not organized in province.

Abstract:
Legislative reform is considered the foundation and nucleus for the development and development of societies and the advancement of their reality in order to raise the level of comprehensive regulation of all aspects of life (economic, political, legal, cultural, social, environmental, technological)... which requires from time to time the introduction, change or amendment of many legislations and laws to ensure quality A better life for society.. provided that change or reform must be based on accurate studies and objective, targeted policies, that preserve rights and duties.. in order to achieve societal justice and legal stability..and have no impact on human security..
And based on the researcher's vision in the legislative reform process, especially administrative legislation, the idea of research and access to it was developed as an emanation, from the importance of the subject in restructuring legislation for administrative laws and regulations to meet the requirements of development programs and development and to create an appropriate environment for the right reform process, and to prepare an efficient and qualified administrative apparatus capable of bearing the burdens Implementation of development plans that necessarily include modern, integrated and compatible legislation with the requirements of the digital world and its developments in terms of artificial intelligence and cloud computing.
The research reached a set of conclusions, the most important of which is the diagnosis of the obstacles to the expansion of administrative legislation, the multiplicity of references, and the expansion of the scope of criminal prosecution. The reform process must also be continuous and renewed in harmony with the digital transformation and its challenges
Key words.obstacles to legistive reform, administratrative law. Digital Innovation.
The research included three topics:
The first topic: the methodology
The second topic: theoretical framing
The third topic: - conclusions and recommendations

The role of the constitutional judge in legislative reform aims to reduce the scope of unconstitutional provisions by either addressing the legislative shortcomings of the legal texts by following the interpretation in addition to the legislative texts, but according to the controls that we mentioned in our research.
And also through the control of proportionality from the scope of the constitutional judiciary, as it plays the role of a guide to establish a balance between a legislative text that defends a public interest and a constitutional text that states a fundamental right, and based on the above, we will divide our research into three topics. The interpretation of the constitutional judge and his role in addressing the legislative shortcomings. As for the third and final topic, we have devoted the control of suitability by the constitutional judge and its impact in addressing the legislative shortcomings.
Key words: Legislative reform, legislative shortcomings, proportionality control, appropriateness control

Summary
The issue of women receives great attention in local and international forums and at the official and popular levels, and developed countries do not differ from developing countries in this matter, so that the issue of women and their development has become one of the basic components in human development programs and comprehensive development program, with the aim of reaching rates for the development of the progress of its affairs, which will be reflected positively in the integrated view of human society and also positively reflected on the security, social, political and economic stability of the country.
The world conferences on women may have started as a result of the oppression of women, the relationship of women with men is a complementary relationship and not analogue, as the first motivation for man is the search for self, which depends on the appreciation of others for him and his role and production in society, and this is what the conferences emphasized. As women are half of society and the pillar of its existence and stability. Therefore, societies cannot rise to half of their energies only, as men and women are half of the energy of society, the pillar of life in it and the source of all human history.
Importance of Research:
The importance and role of laws that protect women's rights in enabling them to perform their roles in light of the policy of economic liberalization and change in the role of the state, which has become fully responsible for meeting women's needs for social and cultural services, is increasing.
Studying the issue of women and empowering them in terms of the determinants of the current and urgent reality, raising awareness of them, finding solutions to them, and working to impose these solutions on policymakers in a way that makes these effective laws for positive participation in various areas of life, as it is reflected in the development and development of society.
Despite the recognition of the role of women, some problematic issues, including the political and legal frameworks of employment in many countries, still do not allow for the effective participation of women from the perspective of their ability to carry out development tasks, especially with regard to poverty, lack of material resources, lack of expertise and awareness of the requirements of their communities.
The empowerment of women is one of the important trends, including focusing on participation as a value and an entry point for a democratic society in which human beings contribute to shaping their reality and future.
The subject of this study is of academic importance if we bear in mind the objective social, economic and political conditions that Iraqi society is going through and the need to define a societal framework that increases the possibility of social mobility horizontally and vertically and provides channels of participation for a sector that represents nearly half of the human capacity, namely women.
Research Objectives:
• Identify the philosophy of empowering women to participate in community development.
• Identify the problems and obstacles facing the empowerment of women to participate in community development.
• Coming up with proposals towards empowering women to participate in community development.
Research Questions:
• What is the role of laws to enable women to participate in the development of society?
• What are the obstacles to enabling women to participate in community development?
• What are the proposals that can contribute to activating the role of laws to enable women to participate in the development of society?

Abstract:
The principle of rationality and intelligence is one of the most important foundations on which the legislative drafting is based, because the legislative drafting expresses the prevailing values in society through the law issued by the legislative authority, and this law must be clear, understandable, and accurate that does not accept interpretation and interpretation in its texts in order to achieve legal stability and protect The rights of individuals through the good drafting of legislative texts. Otherwise, individuals lose confidence in the laws and the legislative institution that represents them, and thus legal security is violated.
Keywords: The principle of rationality and intelligence, legislative drafting, clarity, and legal security.

Abstract
The provining evidence before the administrative judge in administrative disputes is considered one of the most important procedural aspects due to the specificity of the administrative case, and the subjection of administrative decisions to court oversight for the purpose of conducting legislative reform in this field and keeping abreast of recent developments in the scope of administrative evidence, that the defect of deviation is in authority or the abuse of power is one of the most serious hidden defects that taint the pillar of purpose in the administrative decision, which is related to the discretionary power of the administration, because it requires the administrative judge to ensure and impose strict control over the goals that the administration man seeks as a result of his legal behavior and related to the subjective elements that relate to the source of the decision and knowing its purposes and intentions, which are difficult to know, and this constitutes the most important real obstacles facing the administrative judge, is that proof through evidence regarding the defect of deviation makes it easier for the plaintiff to prove it due to the great difficulty that permeates this proof in proving the intentions of the source of the decision, This is something that cannot be obtained by examining the papers, documents, records of the administration, and hearing the testimony of its employees, who did not disclose the real motives and motives for issuing the administrative decision, through that, the administrative judge aims, during the detection of the presumption, to prove a defect deviating from the authority and knowing the intentions and purposes of the administration from its issuance of this decision, therefore the burden of proof shifts from the plaintiff to the administration, and if the administration is silent and does not provide evidence of the validity of what it claims before the administrative judge, this is considered an acceptance by it of the plaintiff’s requests, And studying the types of these evidences by proving the defect of deviation in the authority of the administrative dispute and the circumstances and facts outside this dispute, as well as the authoritativeness of these evidences and their judicial applications in the comparative countries.
The problematic of this study lies in the extent of the effectiveness of proving the defect of deviation by evidence at the Administrative Judiciary Court and the obstacles or negatives facing the administrative judge in proving the defect of deviation by evidence before the administration and the extent of the evidence sufficient to prove the defect of deviation by evidence before the Court of Administrative Judiciary to confront and resolve administrative disputes and the extent Compatibility and appropriateness of the general principles in the Iraqi Evidence Law applicable to the specificity of administrative cases, and then how to develop effective solutions to these obstacles and overcome them correctly by the administrative judge, and to address the legislative shortcomings in this aspect in order to carry out legislative reform in this scope, At the conclusion of this study, we reached the most important conclusion that the legislator and the administrative judge have an important, vital, and essential role in organizing evidence of evidence. Circumstances outside the conflict, and that is due to his wide discretionary power in finding and achieving a balance between evidence of proof and denial in the administrative case brought before him to achieve the principle of legality, Therefore, we proposed the enactment of a special law of administrative evidence and its procedures for the Iraqi administrative judiciary that includes everything related to administrative cases, in respect of the privacy of administrative disputes, and to remove the ambiguity and deficiency in the procedures of administrative evidence in the administrative case, its means and methods, and to clarify all the necessary procedures. Following them before the judicial and administrative authorities, by regulating all issues related to administrative evidence with clear and explicit texts, and specifying proof of the defect of deviation by evidence with detailed texts that ar compatible with the nature of the administrative dispute, especially the organization of evidence rulings, which makes it easier for the administrative judge to perform his work and achieve the requirements of justice.

Abstract
This study examines the issue of the role of the French judiciary in the legislative development in the field of tort liability, and the extent to which Iraqi law has been affected by this development, by extrapolating and analyzing the legal texts and judicial rulings related to the subject, as well as the comparative approach to compare the two positions of Iraqi law and French law, where the search for the role of French judiciary in civil law as an innovative role for the civil judge, and enabling him to reform the classic elements of civil liability, especially tort liability, as it witnessed profound transformations at all levels, since the industrial revolution, which showed a deficit in the element of error in being the sole basis for civil liability, and then Its role has declined in favor of other bases such as risk and guarantee, and its decline still exists to the present day, especially after the diversity of damages. Although the courts enjoy absolute discretion in this regard, they may be affected when estimating compensation for damage by some external factors.
Keywords: Role of French judiciary, foundations of civil liability, assessment of compensation, judicial consecration

Summary:
Alternatives to custodial penalties are considered one of the best means in contemporary penal policy, which has emerged since the late nineteenth century and has proven its importance in penal policy to confront the evils of imprisonment in general and short-term detention in particular, especially in combating crime and achieving balance between the objectives of punishment represented by deterrence and retribution on the one hand and reform and rehabilitation on the other hand, in addition to achieving a kind of criminal justice..
Alternative punishments have been used as a means to achieve the goals of punishment in its modern understanding, making their implementation a necessity in modern criminal policy. They have been called for and encouraged to be applied to the convicted by many international agreements related to human rights, migrants' affairs and improving their conditions, as well as adopted by most of the existing criminal laws.
This study contain two topics, The first topic is dedicated to studying the conceptual framework of Alternatives to custodial penalties, then the second topic deals with the comparative criminal legislation's stance on these sanctions and the extent of the criminal legislator's response to incorporate them into Iraqi criminal legislation and to identify legislative and application deficiencies in this field.
We rely on a comparative analytical methodology to reach the desired goal of the research. We will end the research, with God's help, by stating the most important conclusions and recommendations proposed to address the manifestations of this weakness.
Keywords: Penal alternatives (alternative punishments), penal policy, custodial penalties, criminal legislation

Abstract
The concept of social justice is one of the basic concepts in the philosophy of rights. Justice is the result of society and its rules appeared before the idea and concept of law flourished. And that social justice imposed itself and became an expression of a general situation, and witnessed a state of ebbs and flows during the political and social process. It is well known that the rule of law is basis for the application of justice, and the low is issued by the legislative authority, which is manifested by a set of legal rules that are imposed in order to achieve and establish justice among people, and legal reform must not be just a tope for dialogue, but rather it must include stakeholders and conduct a dialogue it is general for civil society and the media to have a greater voice in discussing the protection of rights and the type of legislation required, i.e. a consultative process to secure human rights in legislation. Therefore, the reform of the legal system is the first condition for the renaissance, in which there is intellectual sophistication and culture depth to move the individual, and then the society and the state, from backwardness and decline to progress, prosperity and prosperity.

Abstract…
The possibilities of using information technologies in the education process are enormous, but they depend on the appropriate use pattern, which depends on the university professor, the subject of the study, and its tools such as educational software, other requirements, and students. Therefore, the research aims to know the role of continuous technological development in improving the quality of accounting education in Iraq and keeping pace with the needs of the labor market. And the need to identify the nature of the relationship between information technology, knowledge management and accounting qualification, and the availability of a curriculum that achieves accounting qualification using information technology. The research relied on a statement of the role of the practice of international education No. 2 to guide it in developing the skills and patterns of quality accounting education in Iraq and to indicate the impact of information technology on the nature of accounting education. Accounting education, as well as there is a constant interest by those in charge of accounting education in narrowing the gap between accounting education and the requirements of the labor market, especially the modernization of accounting curricula. International education through developing students’ skills, supporting them, and qualifying them to deal with the labor market, and training faculty members to use information technology.
Keywords: The quality of Accounting Education, Information Technology, Accounting Education in Iraq.

Abstract :
Reality proved the importance of the language of law in legislative reform to achieve legal security (legal in terms of its formulation or law making, drafting of text) and make legislation easy to grasp and unify its application. Therefore, judicial error emerges as a safe means of judicial security in general. Then safety and protection from the authorities (failure, abuse or their wrongdoing issued from their staff or mere harm resulting from their activities especially), as a strong moral support that leads people to accept and obey the law. Therefore, the drafting of the rules of language law will be The studied in this paper to reveal its role in advancing the language of law, and to achieve legal and judicial security through the mechanism of linguistic security.
Keywords : Legislative reform, language of law, law of language, drafting, legal security.

Summary:
The permanent vitality of the law and the development of its texts to keep pace with everything that happens in society in terms of endless innovative technology lies through the radical developments focused on it, and the dominance of continuing everything new that happens in society in order to achieve a law parallel to the emerging technology. The promising discovery that technology has created serves humanity, which is: Cell therapy in skin transplantation or the establishment of biological prosthetic heart valves, blood vessels, liver and trachea, as well as treatment of many incurable diseases such as leukemia, diabetes, Alzheimer's and Parkinson's disease...etc. It is in light of this amazing progress of human knowledge in the field of medical sciences, and in accordance with what is required by the social interest in providing treatment and the right to medication as a necessity for self-preservation; And between organizing this new discovery by law and the suitability of its rules to it, a balance should be achieved between what the scientific value requires to provide treatment and medication, and what the legal value requires to protect the human body and provide it with safety, and dealing in those cells has sparked a deep scientific debate among medical scientists and jurists of Sharia and law, The inevitability of medical technological development with the cells in question is matched by a legislative development with the law. Therefore, the law must link the technology of cell therapy to legal principles and spiritual and moral values by setting controls that govern them. Because of the novelty of technological applications for cell therapy with the new methods, the stability of the legal base is matched by the emergence of new legal branches in order to avoid the legislative vacuum.
Keywords: acceptance of the rules of law, cell therapy , inevitability of the law to technological progress.

Article (27) of the Charter of the United Nations clarified the voting system in the Security Council. Although the first paragraph of this article stressed the principle of equality between states, the two subsequent paragraphs set conditions that contradict the principle of equality that it called for at the beginning, as it distinguished between substantive issues from procedural issues. And it gave the five permanent members the right to veto the draft resolution on substantive issues, so it gave these countries the right to veto the draft resolution, which put these countries in a higher position than others, and this is considered a violation of equality between countries and it also threatens the maintenance of international peace and security because these countries have deviated from the main goal Which everyone aims to reach, and it is now seeking to achieve its interests, even if that costs instability in international peace
and security

Abstract:
In this research, we dealt with the study of the issue of criminal responsibility for theses completion offices, as these offices are considered one of the dangerous manifestations affecting the good conduct of the academic process and detracting from the scientific value of theses and university dissertations. These offices, in addition to the poor performance of the executive authorities in dealing with this phenomenon.
Key words: theses completion offices, Plagiarism, criminal agreement.

Abstract
Judicial oversight is considered one of the most important forms of oversight over the work of the administration, as the judiciary always aims to protect the principle of legality. With its mission to achieve the public interest, and this is a departure from the principle of legality, which necessitates the necessity of being subject to judicial oversight to preserve those rights, as the administrative judiciary has always aimed, since its inception, towards increasing the scope of competence through its expansion in the field of oversight of the work of the administration in order to narrow the scope of its discretionary authority. For this and for preserving rights and freedoms from being violated, the judiciary has resorted to many methods, including the principle of proportionality.
Proportionality is the balance between one thing and the other, or compatibility within the framework of usual relations, and it is assumed that the link of balance or consensual link between a specific incident and another corresponding to it, so the proportionality of the administrative decision is the essence of the discretionary authority that lies in its power to estimate the appropriateness of procedures, and the proportionality between the procedure and the reason for the administrative decision is It is complementary to the discretionary authority, as it relies on proportionality in estimating the importance of the reason and its compatibility with the place of the administrative decision as one of the conveniences of the administrative decision.

Summary
The economic openness witnessed by the Iraqi state after 2003, which resulted in the encouragement of investment in various fields, and the subsequent issuance of many laws that allow Iraqis and foreigners to invest in the lands belonging to the state, especially Iraq’s possession of large space areas, which led to the emergence of the musataha right to invest these lands. Spaces, and this right is one of the in-kind rights that branch out from the right of ownership, which generally means exclusivity of a certain value that the law grants to a specific person and protects, as this right allows the owner of the land, according to an agreement with another person, to establish a building or constructions other than planting on his land, and the latter has the right to own this Innovative and disposed of separately from the land and the contract regulates the obligations of the two parties, and the Iraqi civil law has regulated the provisions of the musataha right in addition to the real estate registration law, and this right has also been referred to in the laws that regulated the investment of real estate belonging to the state, as it is a right associated with real estate and can have a major role And an effective method in organizing and managing projects, as they are huge and long-term strategic projects, in addition to the advantage of returning lands to the state after the expiration of the agreed period. However, each advantage has problems and difficulties in practical application, especially If the object of the right is real estate owned by the state and the concomitant privileges of the public authority, these difficulties may be A difference in the vision between the general policy and the private policy of state departments, or legal such as registering this right, its duration, and its devolution after the expiry of the period, and disposing of this right to others, and this is what we will show in this research .
key words :Musataha right, real estate, contract, investment, state funds

Abstract
It is widely accepted that the general budget is a document that outlines the expected revenues and expenditures for a future period, usually a year. Since the revenues upon which budget estimates are based are expected revenues that may increase or decrease depending on changes in the global market and are affected by the conditions of international trade, it is necessary to monitor the state of the global economy and the extent to which budget revenues are affected by it. This raises the question of what the government's responsibilities as the executive authority responsible for preparing and implementing the budget are when revenues decrease. Should it intervene to address these decreases before they occur? The answer to this question is yes. It is the government's duty to act urgently to intervene in order to address any decrease that may affect budget estimates through a range of legal means available when necessary. If the government refrains from intervening for any reason, it will bear political and legal responsibility. The competent authorities should hold it accountable and impose the appropriate penalties in the event of negligence or failure on the part of government members collectively or individually.

Summary
The escalator is a way to automatically re-evaluate salaries according to the development of some economic indicators, and the purpose of it is to secure a similar development for the incomes of employees and retirees, the cost of living, and to maintain the actual salary and wages. Every change occurs in the approved indicator, and this is applied in France, as the minimum necessary for living is determined, which is called the thickness, and salaries and wages are linked to it. The mission approved by the legislator in the civil service laws and laws related to it in the light of the approved standards and the most important considerations that go into determining this limit so that it is commensurate with the general economic situation and taking into account its development by periodically reviewing its increase in line with the change in the status of the employee and his general position. As well as adjusting salaries and wages at fixed periods and according to the changes recorded in the index, adjusting salaries and wages as soon as the index crosses a certain threshold. Returning to the amended Law of State and Public Sector Employees’ Salaries for the year 2008 AD, it was found that Article (3/Second) thereof stipulated that (the Council of Ministers may amend the salary amounts stipulated in the salary scale attached to this law in light of the high rate of inflation to reduce its impact on the general standard of living for the employee), As for the amended Unified Retirement Law of 2014, it stipulates in Article (36) thereof that (by a decision of the Council of Ministers, pension salaries increase whenever the annual inflation rate increases, provided that the increase is not more than the inflation rate), which means that the Council of Ministers must increase pension salaries whenever The rate of inflation has increased, but we call on the Iraqi legislator to adopt the salary scale and link it to sound scientific standards so that increases in salaries are a legal entitlement and not a favour, guaranteeing the employee and the retiree a comfortable and dignified life befitting a human being and a citizen in a country that God Almighty has bestowed countless blessings and blessings .
key words: Minimum salaries and wages, employee salaries, workers' wages,