Risalat al-huquq Journal

Administrative decisions are legal actions that express the will of the authority or administrative bodies to create legal effects or to amend or cancel administrative decisions. They also require that they be issued by a legally authorized party, and that they adhere to specific legal conditions and procedures.The problem of enforcing administrative decisions in Iraqi laws stems from several factors related to the legal, administrative and institutional aspects. Among the stages of enforcing an administrative decision are: Issuing the decision: The administrative decision must meet the legal and procedural conditions and the decision must be communicated to those concerned with it in a legal manner, and implementation also requires cooperation between the various administrative and executive bodies.Addressing the problem of enforcing administrative decisions requires a comprehensive approach that includes several legal, administrative and institutional aspects. There are some steps and proposals to address this problem: 1- Improving the legal framework 2- Clarifying the legal texts, the necessity of reviewing and amending laws and administrative procedures to be clear and straightforward 3-Issuing new legislation to cover the legal gaps and addressing any contradictions in the legal texts. 4- Developing institutional capabilities, including training employees and improving work systems. 5- Enabling the administrative courts to play their role in monitoring the legality of administrative decisions and protecting the rights of individuals, 6- Improving litigation procedures to speed up the resolution of cases related to administrative decisions.To confront these problems, administrative authorities must work to simplify administrative procedures, provide appropriate training for cadres, and ensure the clarity of legal texts and their compatibility with practical reality. Transparency and community participation should also be enhanced to ensure that decisions are accepted and their implementation is supported effectively.

The theory of unjust enrichment is considered one of the sources of obligation in civil law, which has a clear application in the field of public employment when its conditions of enrichment and lack and the causal relationship between enrichment and lack are met. The matter is difficult when the administration is the one on whom the lack occurred and in return the employee is enriched. It goes without saying that there are legal provisions that will result when unjust enrichment is achieved, the most important of which is the court’s duty to ensure that the aforementioned conditions are met by referring to the texts of the Civil Code, as it is the general law to which the administrative judiciary refers when there is no text regulating the matter, provided that the administrative judge adapts those texts and applies what It is compatible with the specificity of the administrative lawsuit in order to achieve a balance between the two parties to the dispute, and to preserve public funds that the employee may obtain without a legitimate reason. Then, it will achieve multiple legal effects that extend to the poor employee and the administration, and the latter can raise an appeal regarding the recovery of what was unlawfully spent. For the employee, since they are public funds and one of his most important duties is to preserve them in the ways specified by the laws, and the opposite may be the case that a third party - the public employee or the actual employee, or the one who provided services to the administration - is the poor party and in return the administration is enriched at his expense.

Due to the ease of global communication, it has become possible for anyone to obtain goods from any country. However, if the buyer is a consumer, they may not have the ability to ensure that the purchased goods comply with the required specifications or standards set by their country. Therefore, most legislations require sellers to provide consumers with goods that conform to the agreed-upon contract specifications and meet at least the minimum standards set by each country for goods entering its borders. Consequently, sellers or suppliers are not obligated to provide consumers with goods that only meet the specifications stipulated in the contract. If the consumer finds the goods non-compliant, they have the right to apply penalties specified by consumer protection laws or general principles of civil law. These penalties may include demanding repair, replacement, refund, or retaining the goods with a price reduction. Moreover, contractual breaches may lead to penalties such as termination, specific performance, or compensation.

The commercial books are of great importance, through which the trader's activity is determined and his financial position is determined. Therefore, commercial legislation requires that these books be kept by all those who prove their commercial status, whether natural or moral, but this must be done in accordance with the principles. Is there a relationship between the commercial books, which were held according to the legal rules and the fight against financial corruption in the private sector companies, and in the case of such connection raises the question whether adherence to the rules of keeping commercial books by the private sector companies according to As stipulated by the law, is a firm presumption that the work of these companies is free of financial corruption, or that the relationship is false, can be proven contrary

Because of the rapid technological development in various fields of life, including politics, this development had to reach the electoral process and enter into the organization of all its stages. In organizing and managing the parliamentary elections, this use requires providing a basic base that includes many elements that represent the starting point to start using these means in the elections, which is represented in educating and educating voters about the election technology and the devices used in it, and working to provide the financial and administrative approval necessary to organize the use of Technology, and the need for a legal and institutional framework for the use of technology and electronic means. The lack of these components leads to the occurrence of many problems that appear in the context of the electoral process and reduces the confidence of voters and political circles in the organizing body, and thus leads to the non-acceptance of the results issued by it.

In view of the seriousness and specificity of this crime, many foreign and Arab legislations have tended to combat it by enacting new laws that are compatible with the committed act, including the legislation of the United States of America. In France, the French Penal Code No. 19 of 1988 and its amendments criminalize this crime and the Cybercrime Law No. 27 of 2015 Federal Decree-Law No. 5 of 2012, and Iraq did not regulate the fight against cybercrime in a special law, despite the existence of a draft cybercrime law for 2011. In view of the seriousness and specificity of this crime, many foreign and Arab legislations have tended to combat it by enacting new laws that are compatible with the committed act, including the legislation of the United States of America. In France, the French Penal Code No. 19 of 1988 and its amendments criminalize this crime and the Cybercrime Law No. 27 of 2015 Federal Decree-Law No. 5 of 2012, and Iraq did not regulate the fight against cybercrime in a special law, despite the existence of a draft cybercrime law for 2011.

The alternative ruling is considered a secondary ruling that is applied to personal status issues when it is not possible to implement the original ruling, whether that is in Islamic law or in positive law. The text on the alternative ruling has a number of effects that can be traced back to two types. They are either direct effects or those that occur from the ruling itself. Or it occurs through its effect on the original ruling, which leads to its survival or non-stay. Or indirect, which is either from the party responsible, or related to what is required, which is the time of performance.

A non-contractual trust is considered to be a self-existing entity that is fulfilled with the fulfillment of all of its conditions. If one of these conditions is violated, this affects the existence of the original trust or its description as non-contractual, provided that these conditions can be divided in terms of their competence in the place of the non-contractual trust and its lack of competence to conditions In general, it refers to the non-contractual trust as a whole, which is: (the receipt of the non-contractual trust, the lack of intent to own, the law’s permission to obtain the non-contractual trust, the lack of agreement between the parties), And special conditions must be met in the same place as the non-contractual trust, which are: (that the place of the non-contractual trust be from funds, that it be of what is valid to deal with, that it be owned, and that the ownership of the place of the non-contractual trust belongs to the non-trustworthy). The Iraqi civil and comparative studies of these conditions vary in varying degrees, as some of them were mentioned as a condition of non-contractual trust, such as obtaining permission from the law, and some as a general condition for trust, such as lack of intention to own, and some of them were dealt with in another topic, such as the fact that they are replaced by funds that are valid to deal with.

The general principle is that a civil case begins and proceeds with two or more parties, namely the plaintiff and the defendant. However, the dispute may not continue in this state until its resolution and adjudication. A new party may intervene in the case after it has been initiated by requesting to join either the plaintiff's or the defendant's side, or by requesting to include either or both parties in the case. This new party may arise through a request from one of the original parties to the case, seeking to add them as a defendant. Another form of a new party is a third party who objects to the judgment issued in the case.While procedural laws, whether in Iraqi legislation or comparative laws, regulate the procedural rights of the party initiating the case or the party against whom the case is brought (i.e., the original parties), they do not provide specific legal regulations for this new party. Consequently, the rights of this new party may overlap and potentially conflict with those of the original parties due to the emergence of multiple parties, leading to complexities in the case proceedings. In any case, the legal status of the new party grants them procedural rights that enable them to engage in the case before a judgment is issued, including managing the dispute, submitting requests and defenses, and possibly making incidental requests. They are also entitled to legal guarantees to ensure justice if the judgment is issued, including the right to appeal through ordinary and extraordinary legal channels.

Article (138) of the Code of Judicial Judgments al-Masha’ defined it as: “What contains common shares such as one-half, one-fourth, one-sixth and other shares valid to each part of the money, whether or not movable, and the current share in the joint money was called a common share because it was not specified. In any section of common money
Common ownership is a middle ground between separate ownership and joint ownership, as the share owned by a common partner is common in all the money and not in a specific part of it. Distinguishes common ownership from joint ownership, and represents the partner’s share in it with an arithmetic fraction such as a quarter, a third or a half, as defined by Article 713 BC, which corresponds to the period of 825 Egyptian common civilians by saying: The shares shall be considered equal if there is no evidence to the contrary.”

Participation is one of the new contracts that have kept pace with reality to express the growing cooperation between different parties and achieve interests that traditional contracts may be unable to achieve, as the main problem of the research topic is the lack of a legal regulation specific to decreasing financial participation in Iraqi law (Islamic Banking Law) No. (43) of 2015, which means that the Iraqi legal system is facing a legislative deficiency regarding the mechanisms of work in participation and what is related to it, but this is not enough as the topic needs an in-depth study from many aspects because it raises other sub-problems, including; and the lack of a legal adaptation of decreasing financial participation, as addressing an important and complex topic requires a special legal regulation.In conclusion, we reached a set of conclusions and proposals, the most important of which is the lack of a legal regulation specific to decreasing financial participation in Iraqi legislation. There is only a simple reference to participation as a means of attracting funds in Article (2) Second, Islamic Banking Law No. (43) of 2015, and the lack of adaptation of participation.

Foreigners are an important category of individuals in different societies, and therefore they should enjoy rights and guarantees that enable them to access basic social services and benefit from development opportunities and progress. This research examines the importance and regulation of the social rights of foreigners in constitutions and their role in ensuring a dignified and stable life for foreigners in the countries they reside in. The research is based on legal and constitutional sources that govern the social rights of foreigners, including international declarations and treaties that affirm human rights and recognize the rights of foreigners. The research also addresses regional and national agreements that regulate these rights and specify the obligations of states towards foreigners.The research also emphasizes the importance of providing legal protection and constitutional guarantees for foreigners, including rights to decent work, healthcare, education, and housing. It discusses the need to promote social integration and peaceful coexistence between foreigners and host communities, enabling foreigners to actively participate in the social, economic, and cultural life of the country. The study also highlights the importance of international solidarity and cooperation between countries in promoting the rights of foreigners and addressing the challenges and problems they face. International cooperation contributes to the exchange of experiences and best practices and enhances the capacity to deal with issues of migration, refugees, discrimination, and racism to ensure a dignified life for foreigners in the communities they reside in.

The current research aims to identify the involvement of the executive authority in the work of the legislative authority, as the problem of the study lies in understanding the nature of the relationship between the executive and legislative authority, and analyzing how this relationship affects the democratic process and the principles of the balance of powers, while highlighting the importance of research in a deep understanding of the balance of powers in political systems. Democracy, as it contributes to analyzing how the legislative and executive authorities interact in formulating and implementing policies. The researcher relied on the theoretical approach, that is, examining the laws and regulations in which the executive authority participates in the work of the legislative authority. The researcher reached a set of the following conclusions and recommendations:
1. The participation of the executive authority in the work of the legislative authority is of great importance in building a balance between the authorities, as it contributes to analyzing how the legislative and executive authorities interact in formulating and implementing policies.
2. The legislative function is at the core of the work of parliament, but the executive authority in the parliamentary system intervenes in legislative procedures and contributes to the enactment of laws through its right to propose laws, and the outcome of the constitutional development that resulted from the existence of political parties.
3. The executive authority must submit draft laws, whether in ordinary or financial matters, as its proposal has become characterized by comprehensiveness, because other forms of proposal, such as the parliamentary proposal, may prevent it from proposing laws in some matters.
4. The executive authority must have several means to influence and direct the work of parliament, including calling parliament to convene, adjourning sessions, and postponing these sessions, and thus the executive authority participates in many non-legislative works related to parliament.

Civil responsibility has a special place in the environment of law, as it is the orbit of the law that runs in this environment, to the extent that it is said to be like the backbone of the human body, especially when its rules and frameworks are characterized by development and renewal of the cases that pursue it over the various ages, responding to social, cultural and economic requirements. And the new opinions and theories on it accordingly, as the views differ in each theory presented in this, in addition to the traditional theory that made error a basis for responsibility, other theories emerged that put the corner of error aside and do not see it as pivotal and essential in the necessity of responsibility, and it is a theory that bears the responsibility that It was brought about by judicial trends as an inevitable matter, in terms of accountability of the person for the harm that afflicts others on the activity, and since man is a social being by nature, the social life that he establishes needs rules and systems that ensure reconciliation between the interests of the individual and his needs and the interests of the society in which he lives. live in it.The judicial investigator, as a social being and a person of the judicial authority, when exercising his various activities and duties entrusted to him, and in the performance of those duties and during the exercise of the activity, he may cause harm to others arising from an act he performs or causes, and the harm may arise from refraining from an act that the law requires him to do, At that time, the law enters to impose a penalty on those who have the right to harm others, and it is a penalty imposed within the scope of legal responsibility in general and in all its forms, including civil liability, as the latter is divided into two types, it may arise from breaching an obligation arising from a valid contract and it is called contractual liability and this responsibility has been excluded Because it cannot be achieved within the scope of that study and research, and it may arise from a breach of an obligation imposed by law called responsibility for the wrongful act (tort), which is the basis of the civil responsibility of the judicial investigator, and no matter how different the political, social and economic systems in all countries, it is recognized that the authority remains The judiciary is a natural and vital embodiment of the society’s power to defend itself in a legitimate defense against anyone who is tempted to tamper with the system and laws. Judicial law is emphasized in this scope, especially when the state is subject in all aspects of its activities from legislation and management to the authority of the law, which can be called the legal state

Governance has an important role in eliminating the problems of agency and commission agency and also eliminates the most important obstacles of information asymmetry in financing projects. It plays a supervisory role in the work of crowdfunding platforms, as it imposes its control over the work of the platforms by following governance mechanisms in organizing the work of crowdfunding platforms and also following the principle Disclosure and transparency in stating information about the applicant for financing and investors, showing the rates of project success as well as failure, and also clarifying the percentage of profits that financiers of the project receive, and also following the principle of justice and equality among all investors without preferring one investor over another. As for sustainable development, it has proven its importance in society through its support for projects. Which serves the environment, renewable energy projects, and sustainable agriculture, where money is collected from the public and investors through electronic platforms to finance sustainable projects.

Employment contracts are considered one of the important contracts, especially after the technological and economic developments taking place. As is known, it is one of the contracts binding on both sides, as it imposes on its two parties, both the worker and the employer, a set of mutual rights and obligations. Any breach by one of the parties may terminate the contract, and the law has also given both parties the right to Terminating the labor relationship. However, in this study we find that the law has given the employer the right to terminate the contract without the worker through an exceptional circumstance that may affect the implementation of the contract, whether for economic or technical reasons or the impossibility of implementation and other changes and developments taking place, Therefore, the law has given the employer the authority to terminate the labor relationship, as this authority is considered one of the established and agreed upon matters due to his being the owner of the project. In the nature of the case, he alone bears the consequences of the success or failure of the project due to his being

The electronic media has become at the present time one of the common terms at the national level as well as the international level as a result of the spread of epidemics and pandemics and the declaration of the international state of emergency, so it was relied upon, i.e. on electronic media, to ensure the continuation of the human right to access knowledge and receive information, especially with the advantages that exist in the media The electronic data represents ease, speed, and efficiency, and thus the influence on an unspecified number of users of the Internet.
The electronic media was truly a platform for the demand for human rights, as well as being part of the human right to express an opinion and the effect of this right in re-orienting international trends and policies. The risks and the possibility of finding solutions.

The original principle in criminal liability was that it was imposed on a natural person because the basis of responsibility depends on awareness and will, and this is what cannot be done in a legal person. The law has rules directed towards those who are proven to have the ability to distinguish right from wrong and whose actions comply with the law. However, as a result of the economic and commercial openness adopted by the countries of the world, it led to a significant increase in the number of institutional entities, which take the form of commercial and industrial companies with enormous financial capabilities, in a rapid and unprecedented manner. Therefore, it became necessary to pursue all activities and mistakes that took an active role in the occurrence of the crime, and it became Persons who did not contribute financially to the commission of the crime are included in the scope of criminal liability as original perpetrators. Hence, the legal person's responsibility for crimes and their harmful effects emerged.

The importance of this research lies in highlighting the mechanisms of implementing government reform in all sectors of the state, especially in the scope of service, administrative and economic reform, especially in light of the current conditions and popular pressure to achieve comprehensive and integrated reforms with an academic scientific vision. In-depth study and analysis, the research problem is reflected in the role of the government in taking real and realistic measures and mechanisms in carrying out governmental reforms in all the joints and institutions of the state, especially in the service, administrative and economic field. And the remedies and solutions that ensure the implementation of the required governmental reforms, and the consequences of the governmental reform process on the other hand. In order to fully and objectively understand the subject of the research, a scientific plan has been developed that includes the following
The first requirement: the concept of government reforms
Section one: Defining government reform
The second section: Motives for government reforms
The second requirement: - The impact of government reform on the service, administrative and economic side
The first section: The impact of government reform on the service side
The second section: The impact of government reform on the administrative and economic side

The Khor Abdullah Agreement, or the Maritime Navigation Regulatory Agreement, is an international maritime agreement between Iraq and Kuwait that Iraq ratified in 2013. The agreement was signed to guarantee the navigational and commercial interests of both parties.
This situation reflects the sensitivity of the demarcation of the maritime borders in Khor Abdullah and Kuwaiti fears that the Iraqi Federal Court’s ruling invalidating the 2013 agreement constitutes a prelude to new tensions if relations between the two countries do not restore until after 2008, and that implementing the agreement will lead to great harm to the Iraqi side in a way that does not achieve its economic interests. In addition to the agreement’s violation of Iraqi sovereignty, which led to a decision by the Federal Court to cancel the agreement and consider the vote unconstitutional because it did not obtain a two-thirds majority of the members of the House of Representatives. We will address this topic within the framework of private international law