AL-MA’HAD

In order to export legal knowledge, whether it is with the jurist or the judge, one of the doctrines of epistemology must be followed in providing evidence for all the knowledge that can be obtained. This evidence is what proves cognitive achievement and its validity. The choice of the cognitive doctrine in achievement is not based on a personal desire or subjective tendency of the researcher. Rather, it is the nature of scientific research that imposes on it the evidence and how to obtain knowledge from it.
Following the rational or positivist doctrine in inference is governed by the nature of the subject matter of inference. Researching material facts to arrive at the closest judgment to the incident requires extrapolating those presented facts, and formulating the judgment closest to them from what is produced by the inductive evidence. While applying the text to a specific fact by itself, it cannot be acted upon except in accordance with the rational evidence. The nature of knowledge attainment varies between the judge and the jurist, according to the goal that each of them seeks.

The news is one of the important means in raising the criminal case, but at the same time it is a double-edged sword, as it may be used in a proper manner; In order for the competent authorities to be informed of the occurrence of the crime; It is intended by this to assist the authorities in detecting and combating crimes, and may sometimes be used in another way with the intent of retaliating against others, or may initially refrain from reporting crimes despite the obligation or duty that falls on him, and thus the matter is a burden on the owner and may turn into a crime for which he must be held criminally liable; Because the law deals very seriously with reporting in order to prevent the informant from evading reporting crimes.

Technical development has produced multiple services that cannot be dispensed with because they affect the needs of individuals on the one hand and the economies of the country on the other. Modern means of communication are among the most prominent secretions of modern technology, which has proven its effective role in moving the wheel of development in other fields of life.
The Coalition Provisional Authority Order No. (65) of 2004 gave the Media and Communications Commission the regulation and supervision of mobile phone contracts and the imposition of penalties on companies that violate the terms of media licensing or any rule of the Commission’s rules or other regulations. These standards allow the Director General or the hearing committee to issue a decision the occurrence of a violation and the imposition of appropriate and proportionate penalties specified by Order (65) of 2004 in order to ensure compliance with the terms and conditions of the license, the provisions of the Code of Professional Practices and the provisions of other rules and regulations

Foodstuffs and commodities are among the important materials that are related to the lives of citizens, so it is not permissible to tamper with their prices, as price issues receive great attention from the state due to its direct impact on people’s lives, and the price occupies an important place in most countries, and in their different economic and social systems. This is because it is the main determinant of the prices of goods and services in the markets.

Effective control of the public budget is the surest guarantee to achieve transparency in the provisions of the Federal General Budget Law, as transparency achieves good use of public money and ensures that all spending units respect the legal rules and provisions and do not deviate from what is decreed and approved by the legislative authority. Oversight may be issued by the public authorities in the state represented by the control of the executive authority, the legislative authority and the judiciary, and the task of monitoring may be undertaken by independent bodies represented by the independent bodies in Iraq, as all these authorities seek to direct state revenues and supply the public treasury with resources to confront financial crises and reduce cases of financial and administrative corruption in the country

The operations of comprehensive banks have begun to take a wide range recently, as a result of the increase in investments and commercial movement that requires financial liquidity obtained by the investor or merchant from the bank and the latter should engage in all banking operations, starting with the traditional banking operations represented by accounts, credits, banking services and banking operations. The investment represented by financial leasing services, managing securities portfolios financing investment projects for clients or speculating in securities for their benefit, and that comprehensive banks, practice of these operations requires taking into account the legal means that ensure client protection, namely the confidentiality of bank accounts, ambiguity in wills, bankruptcy and the bank's responsibility towards the client

The last two decades witnessed the issuance of a number of international rules aimed at regulating the behaviour of states in cyberspace.
The United Nations formed a specialized governmental team to look into these rules. Its efforts led to issuing standards for states’ behaviour in cyberspace in a way that does not threaten international peace and security.
The question remains about the legal value of these rules. Do they form part of the international custom, or are they just non-binding guiding rules?
Therefore, in this research we will discuss the opinions that regard these rules as a mandatory rules, with the researcher's approach to those opinions.

One of the basic principles to guarantee the right to litigation before the Federal Supreme Court is that court sessions are held in public and see what is going on during the sessions, and this was confirmed by the constitutional documents and the complementary legislation. This principle eliminates secret trials

The doctrine of constitutions in the modern era is usually is represented in the great emphasis on the health aspect and the extent of its observance by the competent authorities in the state, and it is a doctrine that has significant implications, so the right to health is a relatively important right from among the list of different rights that different constitutions usually provide for, so count Within the rights of the third generation. Constitutions usually differ in the provision of texts organizing this right, as some of them go to the text explicitly on this right and the extent of the state’s commitment to its various powers with this right, and others go to the text implicitly or indirectly on this right, and others went to more than this text on the basis Health safety is a right of every citizen when it considered that ensuring a healthy reality is a binding obligation of the state, and the constitutional articles included for this right in the Constitution of Iraq for the year (2005) are (33,32,33) in addition to the other provisions that it contained.And from the advanced importance, I proceed in choosing this research, in order to shed light on the constitution and laws of Iraq after the American occupation, i.e. in the era of democracy and human rights, so that the development taking place in this field can be identified, and then to identify the problems that accompany it, And my effort to provide appropriate proposals to overcome these problems, which is what I tried to explain by addressing the issue according to the analytical inductive approach, and dividing the title of the research into two topics.

This field study, which addresses a societal problem, attempts to diagnose the impact of the Iraqi parliamentary elections 2021 on political and security stability in Iraq, through a questionnaire distributed to academics and students of various Iraqi universities, as well as targeting different groups of Iraqi society of both sexes who have reached the age of majority, to find out what their opinions are. and their views on the above subject.

The research aims to identify the conceptual framework of community security in terms of its definition, means and importance, and to identify the reality of community security in Iraq after 2003 by knowing the most important obstacles and challenges facing the achievement of that security.

In this research, we address the role of woman in making, preserving and building peace, specially in countries that passed through armed, even international or internal conflicts, which clearly affected woman in society, as it is one at the most affected victims at these conflicts. So that it becomes the subject at many violations during, before and after conflict, such as rape, murder, displacement, slavery, sexual harassment, disability and lack of all decent human living conditions.
Therefore, we will highlight the importance of peace in life generally, and the importance of woman being active in creating peaceful and secure environment, and then clarify the guarantees that guarantee her to exercise this role and participate in making peace within the UN or each country separately.
Finally we will focus on the obstacles and challenges facing woman to view this role and what are the machines and means to overcomes and solve these challenges?

All civil laws regulating contracts guarantee the contracting parties the highest levels of protection that can be reached for the parties to the contract, as these laws are obligated to take all precautionary and preventive measures to prevent any act that threatens one of the parties to the contract, whether this threat is due to a foreign cause or due to the negligence or error of the contracting parties or others. These threats prejudice the rights of the other party, making the implementation of this obligation cumbersome or impossible, thus arranging the right of the other party to claim compensation. Civil legislation has attached great importance to the debtor’s error and specified it by not implementing his obligation and granting the creditor the right to use the means of forced execution towards him. As for the creditor’s error towards his debtor, it was not explicitly regulated, but rather was implicitly limited to some explicit texts. Jurisprudence and the judiciary differed in the interpretation of these texts, and what is the extent of the creditor's responsibility towards a civil matter, which made these contracts in vain. Where, in this research, we have explained the concept of the creditor's error and how it works if its conditions are met, as well as the most important effects of the creditor's error, whether for the debtor or the creditor.

The world has witnessed a tremendous development in modern means of communication, which has reflected this development on all aspects of life, including transactions and contracts that are taking place through these means, such as electronic writing, electronic signature and electronic editors, and that the traditional rules of proof are no longer in line with the new pattern of contracts and transactions, which requires regulation New evidence bases commensurate with the data of modern technologies that are able to give these outputs the legal force in proving civil actions that take place from a distance, and in line with the recent developments brought about by the new information revolution and in order for individuals to enjoy the rights generated by those transactions and enhance their confidence in them and help the judge in The electronic evidence obtained from modern electronic means is relied upon. Therefore, modern legislation, including the Iraqi legislation, has been issuing the electronic signature and electronic transactions law. However, these legislations were not sufficient with all electronic outputs, which requires their development by setting up legal controls to create the legal framework that grants those authentic means necessary. in proof.

Every human society has a natural existence of societal pluralism, and since democracy means participation in government by all components of the people, and ignoring the participation of one of the components of society in governance is a threat to the state, as the problems of marginalization of a group of society are inversely proportional to the progress and development of society and to overcome the marginalization of the other in Iraq In terms of participation in governance and political decision-making under the ruling regimes, one of the authors of the Constitution of the Republic of Iraq for the year 2005 To address this situation by adopting the federal system and the consensual government. Moreover, the policy of marginalization and exclusion has become unacceptable according to human rights standards. Therefore, it has become necessary to involve all segments of society in the three authorities because of the preservation of societal security within the state, as a first step, as federalism and consensual democracy are the most important ways to maintain peace and security in pluralistic societies. . As for the second step, it is the rule of law (establishing a state of law), which makes citizens, regardless of their affiliations, feel that the law is dominant and the protector in the state.

Commitment to investigation secrets is a duty imposed by laws as well as ethics. The law requires a group of certain people to keep investigation secrets that reach them during the course of their work or what news and information they receive. As the legislator sought from this to protect and preserve the public interest, as well as the personal interest of individuals, and the law to preserve these secrets relied on legal texts, which required the investigator to preserve secrets and not divulge them. However, there are exceptions that may be received on the secret. During which the person in charge may disclose it without realizing his criminal responsibility, as is the case in some crimes, such as crimes of internal or external state security. This research deals with the discussion of the problem of disclosing the secrets of the investigation and the consequent legal responsibility in a theoretical framework, and this research concludes with the relevant findings and recommendations.

Any war or armed conflict, whether internal or international, results in many human woes and tragedies due to the devastation and humanitarian disasters left behind by these wars that affect all victims of armed conflicts, including the dead, as international conventions and norms recognize legal protection for the dead and their families, and grant them the right To know their fate by collecting information, data and all documents related to the dead, as their families should be able to search and investigate to know their fate or request accurate and detailed information about their burial places and the possibility of visiting the graves of their relatives who were killed in armed conflicts, as well as their right to request the transfer of their bodies to countries These provisions were confirmed by Article (17) of the first Geneva Convention of 1949, and the first additional protocol annexed to these agreements issued in 1977, as Article (32) of this protocol confirmed these provisions The customary provisions of international humanitarian law and the Convention also guarantee special protection for the dead themselves by obligating the parties to the armed conflict to respect the sanctity of the dead and not to harm, mutilate, tamper with or burn them, except for what is part of the burial rituals and ceremonies espoused by the deceased. The provisions of international humanitarian law also oblige the parties to the conflict to follow the religious rites and rituals espoused by the dead at their burial, and this constitutes the core of our research, hoping to fulfill an objective and integrated legal study.

The research topic deals with "the impact of the criminal judgment on the fate of the disciplinary case" by examining the relationship between the criminal offense and the disciplinary offense and the relationship of the public employee to the crime, through the crimes that he may commit during his work, the employee may commit criminal behavior that constitutes a criminal offense and constitutes at the same time a crime Disciplinary, and according to the legal texts, the authority granted to the administration in such a case may stop the disciplinary measures that must be taken against the violating employee until a final judgment is issued in the criminal case, although the disciplinary offense is independent of the criminal offense in terms of nature and procedures, and despite these Independence and aspects of differences between them, but there are overlapping and intertwined relationships between the two crimes. The research in this subject comes to the importance and position occupied by the public office and the development taking place in the functions of the state, as it provides various services to its citizens and as a result of this the employee has a very important role as he is responsible for achieving the goals of the state in all fields, but this does not prevent the employee from committing Indeed, he may find himself facing two disciplinary and criminal responsibilities at the same time, which creates a kind of influence and overlap between the disciplinary and criminal laws at the level of procedures and judgment. It was necessary to examine the extent of the impact of the criminal judgment on the fate of the disciplinary procedures and the consequent legal consequences thereof.

Each type of allowance has certain conditions that are supposed to belong to the employee himself, the circumstances surrounding the nature of his work, or the management’s vision to protect and care for her employees. What are the conditions for granting these allowances to a public employee in a public position, just as some of the allowances are not eternal, as they are subject to rules and conditions stipulated by law. What are the cases that lead to withholding these allowances?
This is what we will discuss. Then, the administration is not free from error, bias, or arbitrariness in granting it or not. So who is the competent authority that has the authority to resolve disputes related to the subject of allocations if such a dispute arises between the employee and his administration?

Public Tranquility is one of the objectives of the administrative control that the administration seeks to protect within the framework of maintaining public order with remedial measures at times and preventive measures on the one hand. On the other hand, what prompted most countries to codify the legal provisions that guarantee the safety of the electronic (information) environment and protect it from various attacks that may affect it. It is an administrative work.

Fraud towards international jurisdiction is one of the most prominent problems facing the judiciary at the stage of the lawsuit and at the stage of implementing the judgment, because it may prevent the court from considering the dispute before it when the jurisdiction fabricates evidence of fraud, and it may prevent the implementation of the foreign judgment issued by a court whose jurisdiction was based on fraud Despite the devotion of fraud towards jurisdiction by international conventions, national laws, jurisprudence, comparative jurisprudence and its effects, studies on the meaning of fraud towards jurisdiction and its conditions still have not achieved much success in private international law. This study comes to shed light on the meaning of fraud, its conditions and effects.

The subject of the pillars of administrative liability in compensation for a unlawful negative decision; is one of the important topics as it highlights the characteristics of a negative administrative decision and show the three main pillars of administrative liability; the breach, the injury, and the connection between them, the injury should be a direct result of illegality of negative administrative decision. It’s also contributed in clarifying the right of the victim in case of invalidated negative decision to have a compensation for the damages incurred as a result of the administration’s error as in accordance with the general rules of tort responsibility.The monetary compensation is the best way to redress the material and moral damages caused by the negative decision. This paper shows the legislative shortcomings of the Iraqi legislator in this field The inaccuracy of the judicial rulings that dealt with the subject, and the necessity of upgrading them, similar to the provisions of the administrative judiciary in the comparative countries.

The right to food and food security is one of the most important rights of increasing international concern every day as a result of many factors related to food supply and demand, and in light of wars and economic crises, the state needs legislative and executive measures to confront challenges, provide food and achieve food security, and Iraq was the only Arab country Who issued a law to ensure food security after the Russian-Ukrainian war and its repercussions and causing a global food crisis.

Bipartisanship reflects political and social contradictions, as it considers that the solution to any resulting problem can only be through a conflict of interests and ideologies that are led by stable organizations capable of political competition through constitutional legitimacy. With these characteristics, partisan pluralism is distinguished from partisan non-existence, and to give a clear picture of the relationship of the system. Partisanship and political systems We will work on dividing this topic into two successive topics: partisan pluralism and representative political systems, bipartisanship and Western political systems, and this study aims to analyze and compare political parties, specifically in America and Britain.

International relations in the exhibition of pictures and its sciences and sciences, and as an international exhibition to present the problem and its sciences, which was confirmed by its modern sciences with the presence of nearly 370 organizations and proposals. Affiliate in the country , which led to the transformation of terrorism from internal and practiced within the territories of the one international, as well as preparation, implementation and planning into international terrorism that has developed greatly and has become targeting sites and victims of more than one country, so the events of September 11, 2001 used all means to achieve its goals, as well as The need for countries to define the legal organization of these terrorist groups on an international scale, with the presence of a number of organizations that have raised controversy over their organization and legal status, including (ISIS(.

The study of the religious and political intellectual vision of personalities is of urgent importance at the present time and in our contemporary reality, as it possesses a political awareness that has a great impact on the movement of society. After it was just touching on these personalities and trying to read their outputs, which involved a lot of risk and risk under the (Baath) regime.
Religious fatwas, political stances, and intellectual visions of religious references and scholars in Najaf had a supportive effect on religious and political moderation, through the active support of the religious authority with its scholars and symbols for society, including the family (Al Bahr al-Uloom), which had prominent contributions throughout history, in moderate national activity.
This has been evident in the modern and contemporary history of Iraq, and a number of prominent scholars have adopted this, such as (the great Mujaddid Al-Shirazi, Sheikh Muhammad Taqi Al-Shirazi, Sheikh Muhammad Hussein Al-Naini, Al-Sayyid Muhammad Saeed Al-Haboubi, Al-Sayyid Muhammad Ali Bahr Al-Uloom, Sheikh Muhammad Hussein Kashif Al-Ghita As well as Imam Sayyid Muhsin al-Hakim and his sons, Sheikh Muhammad Reda al-Muzaffar, Sayyid Muhammad Baqir al-Sadr, Sayyid Muhammad Bahr al-Uloom and others.