AL-Mostansiriyah journal for arabic and international studies

The decisions of the constitutional judiciary are absolutely authoritative as a result of the nature of the constitutional case, whether this case is the subject of control over the constitutionality of laws or the interpretation of the provisions of the constitution. Some cases do not decide the retroactive effect of their judgment, but may resort to restricting this retroactive effect out of respect for acquired rights and stable legal positions.
Accordingly, we dealt in this research with the effect of interpretative indemnity on legal security, through two sections. Iraq, and the impact of these decisions on achieving legal security or not. And then we reached some conclusions and proposals, including that the court restrict the retroactive effect of its ruling on interpretative deviation in order to achieve legal security and respect for stable legal positions and acquired rights.

It is well known in the knowledge of the law that the legal rule applies to all those who are addressed in it, everyone is subject to its rulings, and no one is exempted from apologizing due to ignorance of the law, and this rule is called abstaining from excuses due to ignorance of the law. Another specified by the law, the law is considered to be known to all those who address it.
Accordingly, we will divide the research into two sections, in the first of which we will discuss the inadmissibility of excuses due to ignorance of the law, and we will dedicate the second to rooting the inadmissibility of apologies through ignorance of the law.

The constitutional judiciary in Iraq, represented by the Federal Supreme Court, is the safety valve to ensure the constitutionality of laws and not to violate the constitutional texts, as well as the interpretation of constitutional texts to remove ambiguity and suspicion.
Because of the importance of financial and economic laws and their relation to public financial and economic rights and freedoms and the connection of the latter with the lives of individuals and their economic reality, the Federal Court has addressed the protection and guarantee of those rights through the appeals before it to establish the unconstitutionality of some of them and to confirm the constitutionality of others, and that the Federal Court has sought since the beginning of its establishment to Emphasizing the principle of legal security by ensuring that laws are not retroactive and effective from the date of their entry into force, unless the law stipulates otherwise. Also, laws related to financial and economic affairs must be clear and accessible to the addressees with ease and ease.
More than that, respect for the rights acquired as a result of the application of these laws because they arranged a legal status for individuals, as well as attention to legislative drafting in accordance with the rules specified for them; As the application of the principle of legal security by the Federal Supreme Court as the protector of the constitution will secure the protection of laws related to financial and economic affairs.

The principle of legal security is of great importance in the legal system, and through it the legal positions are stable and not subject to surprises or changes. All authorities in the state must protect the rights and freedoms of individuals and not prejudice them in any way by amending or changing laws, reversing judicial decisions or ambiguity in legal texts; This is in order to achieve legal stability, which is one of the most important legal foundations of the state.
Keywords: Legal security, constitutional consecration, the legislative authority, the executive authority, the judiciary.

The important idea is the “idea of legal security” as it affirms the right of every individual to develop but in a stable legal world. The idea of legal security can be analyzed into two stages, the first: that the competent authority guarantees the protection of the rights acquired by individuals under legal and legitimate conditions, the second: That is when the competent authority gives individuals evidence and indications of their intention to issue new legal rules, so they are not surprised by rules that contradict their legitimate expectations based on objective foundations derived from existing legal systems and public policies officially announced by the public authorities in the state. Legality and the principle of legal security based on certain grounds. When the legality of the administrative decision that is the subject of an annulment lawsuit is monitored

Legal security is one of the most important conditions and ingredients for success in various fields and fields in the state of law, whose role is not limited to protection against chaos and abuse only, but the state of law ensures the building of a harmonious legal system within the state.
The principle of legal security means the necessity of the public authorities’ commitment to achieving stability for legal relations and stability of the manifold legal centers in order to spread both security and tranquility among all parties to the legal relationship, and among the legal relations is the relationship of the administration with the contractor, without this atmosphere of security and reassurance for legal stability and positions in the administrative contract. No one can come forward to contract with the administration or the general administrative authorities in the state, especially with the latter’s privileges and powers of the public administration.

During the past two decades, the criminal legislator has issued a set of special criminal legislation to keep pace with the developments of the times after the political, economic and social transformations that Iraq witnessed after the fall of its previous regime in 2003, restructuring the state and adopting the free pluralistic democratic system in its permanent constitution for the year 2005, both those issued at the level of The federal state as (Anti-Terrorism Law No. 13 of 2005) or at the regional level as (Law to prevent misuse of telecommunications equipment in the Kurdistan Region - Iraq No. 6 of 2008, and the Anti-Domestic Violence Law in Kurdistan - Iraq No. 8 of 2011, and Anti-Smoking Law in the Kurdistan Region - Iraq No. 31 of 2007).
This research represents an attempt to show the extent to which legal security - as an important principle for the strength, stability and stability of the modern state of law - is affected by the special criminal legislation that the criminal legislator adds to the existing criminal system to respond to the requirements of the times and fill the shortcomings and lapses that appear in general criminal legislation and provide appropriate felony protection for rights, interests or centers The new legality as a result of the development of the means and arts of committing crimes and the emergence of new patterns of harmful behavior whose criminalization did not occur to the legislator when drafting general criminal texts.
In this context, we sufficed with studying the extent to which legal security was affected by the Law of Preventing the Misuse of Communications Devices in the Kurdistan Region - Iraq No. 6 of 2008 - as a model for special criminal legislation - because this law is more likely from a practical point of view to threaten legal security in the Kurdistan Region of Iraq.
We divided the research into two sections. In the first one, we dealt with the definition of legal security through two topics: we discussed in the first one the concept of legal security, and we discussed in the second the elements of legal security. As for the second section, we studied the extent to which legal security is affected by special criminal legislation. And that through two topics: The first one was devoted to explaining the symptoms of legal security in special criminal legislation, and the second was devoted to explaining the manifestations of breach of legal security in the Law to Prevent Misuse of Communications Devices in the Kurdistan Region - Iraq No. 6 of 2008 - as a model for special criminal legislation.
We noticed during our study of the topic of the research that the special criminal legislation in general, and the law to prevent the misuse of communications equipment in the Kurdistan Region - Iraq in particular, is characterized by a kind of suddenness, inflation and expansion in the criminalization of human activities in which the origin is permissible, in addition to the fact that the legislator does not follow a criminal and punitive policy rationality, and his failure to follow the means of sound legal drafting to reach the desired goal, and this constitutes an actual threat to the rights, interests or legitimate legal positions and destroys the tranquility and confidence in the existing relations between public and private law persons and represents an actual obstacle to achieving legal security in these private criminal legislation.
We ended the study with a conclusion that included the most important results and recommendations that we reached during the study.

The law is one of the most important things that have happened to humanity, and it is characterized by being interconnected and adhered to Any human being can only obtain his rights and perform his duties because he organized his life on a continuous basis, and from Out of my belied in the importance of research in all issues of interest to man and society, I found it necessary to the in-depth research is carried out in (Effect of the Basic Law Equivalent to Arab and Foreign Academic Certificates and Degrees No.20 the Year 2020 on legal security), so that I can present in this study a set of useful information and important, The fact that this law is a legislative decision is considered a legal act, then it has a legal effect, and that it any A new law lays down new foundations and treatments that must take into account the legal security of individuals in the event that it regulates rules Prescription or legal retroactive so that what is termed legal security must be taken into account .
Whereas the Federal Court a decision declaring the unconstitutionality of a number of texts contained in the law SS is equivalent to Arab and foreign academic certificates and degrees No.20 for the year 2020, and here the question arises as to whether The effect of repealing these texts and its time range, and to answer we say, the effects of judicial rulings differ Depending on the nature of the judgment, whether it discloses or establishes a Pre-existing right and does not create a new situation, or if it Create a right or legal situation that did not exist Prior to the issuance of the judgment. But what is undoubtedly the direction of the court Federal unconstitutionality may threaten the idea of legal security and the Principle of stability of transactions, and since the Position of The legislator is still ambiguous about the idea of balancing the right to legal security and the Principle of retroactive effect of the ruling unconstitutionality because it is not addressed in the Federal Court Law, not even in the Court’s internal system of the court, which requires the intervention of the legislator quickly In order to ensure a balance between two Principles, the Principle of legality and the idea of legal security.

An individual cannot obtain his legitimate rights except in the light of a stable and stable legal system in all fields. The presence of a kind of relative stability of legal relations leads to the stability of legal centers and works to spread peace and tranquility. In return, the instability and disorder of laws leads to chaos and disruption of the normal life of individuals, which It violates the sovereignty and prestige of the state.
The principle of respect for acquired rights has become a general legal principle that states seek to guarantee and protect, and since individuals are the weakest party in their relationship with the administration because of the latter’s privileges of public authority, it was necessary to provide legal protection to preserve the rights and legal positions of individuals that they acquired through The legal rules set by the legislator, and this requires preventing the administration and addressing its abuse of those rights and legal positions in order to achieve the principle of stability of legal relations.
The role of the administrative judiciary in this field is highlighted through the primary role that it plays in verifying the administrative work that establishes legal centers worthy of protection from any aggression or transgression by the administration, with its structural role in finding solutions to the disputes presented to it in order to achieve justice in order to achieve justice. To achieve the stability of legal centers and guarantee the rights resulting from individuals, and that the administrative judiciary’s dedication to this principle does not benefit the parties to the conflict only, but also the general individuals in the society who will organize their relations with others in light of the principles and legal rules decided by the administrative judiciary.
Key words: (administrative judiciary, acquired rights, legal positions, enforcement of administrative decision, immediate effect, non-reactionary).

the emergence of the parliamentary opposition has been associated since antiquity with the emergence and exercise of political authority. It is an important and essential political phenomenon in modern political systems. The opposition is one of the mechanisms affecting the government’s lack of tyranny and monopoly in power. Therefore, this opposition must exist until the democratic process in the country straightens and then achieves The principle of the rule of law, which constitutes a pillar for achieving legal stability in the state, in order to reach a legal system that promotes human rights

The impact of modern technologies on human activity and behavior in the field of legal transactions has led to the fact that the stability, security and organization of his legal actions have become linked to that technology, and therefore the achievement of legal security and stability has become linked first to technical and technological security, and secondly, that the legal rules are certain and specific in their regulation of legal centers, so the legal security leads to the possibility of individuals foreseeing the results of their actions in advance.
Keywords: legal security, technology, electronic transactions, signature, writing

This study revolves around a very important topic, which is biotechnology development, which is witnessing rapid development and widespread, but this spread corresponds to the absence of legislative regulation or ambiguity in the legal texts regulating it. By extrapolating the legal texts and judicial rulings related to the subject, analyzing them, and determining their sufficiency in regulating biotechnological development, and how to civil protection for its users, in order to arrive at a legal formula regulating the issue of civil protection for this development, and the study concluded that there is a deficit and shortcoming in the traditional legal rules that are valid in Iraq's civil liability for absorbing some types of medical behavior that makes it difficult to prove that harm occurred as a result of a medical error, especially in the field of unusual medical work, which leads to the failure to achieve the principle of legal security. The study concluded with suggestions that help in regulating the use of such biotechnological techniques

Legal security is a means to achieve the stability of the legal base to avoid a sudden change of the legal base. The addressees should not be surprised by the provisions of the legal base and the demolition of legitimate expectations. The acquired rights should be observed and respected and the stability of legal relations guaranteed. The principle of non-retroactivity of international treaties is a form of national security that It aims to achieve its purposes, and the exceptions to this principle do not detract from the goal that the principle seeks to achieve, which is stability and stability in legal situations and relations.

Legal security has become a basic requirement to establish the rule of law as well as to preserve human rights and freedoms. International law through the criterion of proportionality between those relations, and the protection of personal rights and legitimate expectations of individuals by stabilizing individual legal centers (respect for acquired rights), as well as the case in deciding the issue of (the obsolescence of rights) and the issue of (non-retroactivity of the law) meaning that any new law must it takes into account the (legal security) of individuals in the event that it regulates the rules of limitation or the retroactive effect of the law.

The interest in the family was and still is the focus of the interest of Sharia and law jurists, as well as legislators at the local and international levels, because it constitutes the nucleus of which society is formed and from which customs and values are raised by individuals through the organization of the ties that unite its members by the head of the family, and this in turn is reflected in what spreads in society from Customs and values, as well as the level of their respect for rights and freedoms and their commitment to legal rules. Thus, with their goodness, society is reformed, and by their destruction, society collapses.
Therefore, paying attention to the family and issuing legislation that prevents attacks that may occur against it or take place within it is a legal necessity that has a great impact on strengthening legal security in the country.

One of the usual matters in the content of public budgets is a statement of the state’s expected expenditures and revenues for the coming year0 It includes estimates and figures of revenues expected to be obtained and the amounts expected to be spent within various tabs such as administrative or functional division، and mentioning some general rules to facilitate the application and implementation of the general budget0 However، it is not uncommon for the general budget to include texts of laws and amendments to other laws0 That is for the general budget to turn into a means or tool for introducing amendments to already existing legislation0 Here، several questions come to mind about this nature of amendments or supplements? Why is this method used? It is usual to issue special laws to amend any law، so why rely on this method and repeat it so that it eventually leads to confusion in the application، this method of including the general budget is rarely resorted to in general، is there a constitutional text that permits this method or determines its procedure? Or specify the steps to follow? Or was it taken as a new method in legislating and amending laws، as a new method? The question that poses itself strongly is where can the researcher and the implementer of the law and the beneficiary of it find these texts! If he wants to do so، he must search in the various public budgets and so on for each year and thus appear what raises the many difficulties and questions during the practical application0Therefore، we try in our modest research to show the adaptation of the nature of these texts that are alien to the body of the general budget legislation، and we review some of the examples of these texts in the public budgets in Iraq and show the negative aspects of following this method.
What is the impact of this drafting method on the rights of those addressed by the legal base and its consistency with global trends in improving legislative drafting، and what is the position of constitutional and administrative jurisprudence on it?

legislative inflation means the presence of a large number of similar laws with no specific formulation and which courts differ in their interpretation in similar cases, and this leads to the occurrence of a major problem affecting legal certainty, as it contradicts the clarity necessary for legislation as it contradicts the ease of access to it, and it is no secret that Good legislative drafting requires that one text or legal rule be satisfied, and that legislation dealing with similar topics be merged into one law. The existence of a set of legislative exceptions to the legal rule so as to overwhelm the general origin of this rule or that.

The thought of the research is summarized in focusing on the deduction and framing of criminal rules in which the most important principle of the modern state of law is achieved, which is the principle of legal security. And the understanding and understanding by the addressee of the criminal legal base, and if the matter is true in all branches of law, then it has a greater necessity in criminal legislation, because criminal law aims to protect society in a way that ensures the safe exercise by individuals of their rights and freedoms as well as protecting the public interest, this goal It is achieved by the Penal Code, as it criminalizes infringement of these rights and freedoms, and this criminalization is expressed in certain penalties imposed on those who commit acts in violation of its provisions, and the imposition of punishment on the perpetrator of acts in violation of the Penal Code is carried out according to certain procedures stipulated in the procedural part of the Criminal Code.

The global financial crises and consequent economic and financial variables have led to the falter of many banks in various countries of the world. On this basis many countries through their legislation and legal systems have resorted to developing solutions and proposals calling for regulatory and legal reforms in most banking systems to protect the banking system enhance financial stability and maintain basic financial functions.
Many legislation have gone on to devise legal mechanisms to settle the situation of troubled banks and have organized their legal framework where the appropriate mechanism is chosen from among the procedures specified by the law according to suits the degree of bank default.
The aim of choosing these mechanisms is to overcome the stage of financial default of the bank and in particular not to disrupt the economic movement as bank are the backbone of economic activity because they enjoy from the confidence of their customers depositors and investors in general thus once the bank defaults this confidence will collapse which negatively affects various aspects of life whether by investors and depositors.

This research, tagged with the role of legal security in achieving a fair criminal trial for juvenile delinquents, includes in its first part a statement of the relationship of the principle of legal security to juvenile justice through the presence of specialized courts to try this age group and also the presence of specialized judges whose work is limited to juvenile cases only. The relationship is direct between them. As the level of specialization in the field of justice develops, especially juvenile justice, the level of maturity of the principle of legal security increases, and then the relationship is strengthened.
As for the second part, it includes a clarification of the effect of the guarantees for juvenile trial on the principle of legal security, which is the confidentiality of the trial, the assessment of the juvenile’s age, and the presence of a representative from the Personality Study Office.
Key words :
Delinquency Juveniles , Legal Security, Special guarantees .

The right to proof is one of the elements of security or legal stability that make up security as a whole. It is one of the features of the state of law. Despite that, legal security is not explicitly stipulated in the constitution or legislative texts, which shows difficulty in determining an ideal definition of security and legal stability. . However, attempts can be made for this, as it may “in fact mean that the legal rules are certain and specific in their organization of legal centers or ensure that proof of results is secured so that each individual can expect these results and rely on them by anticipating in advance the results of his actions in terms of his money and What it is, through the right of proof, and the principle of the res judicata argument.