AL-MA’HAD

The public contracts concluded by the administration represent one of the most important activities undertaken by the administration, and these contracts have become the backbone of the state’s economic system in light of the great developments in the field of work and activity of the administration, and in light of the increasing state interference in most aspects of individual activity. By concluding public contracts, it is represented in achieving the public interest, unlike private contracts that mainly seek to achieve personal interests, and in order to enable the administration to achieve these goals, the legislator must give it the means that enable it to achieve its goals. Therefore, we find that the legislator in comparative legal systems, as well as the legislator in Iraq, granted the administration means of administrative control through which the administration can conclude and implement its contracts in a proper manner that enables it to achieve its objectives, and one of the most important means of control that the administration enjoys in the face of its contractors is the right of the administration to impose Various contractual penalties for the contractor whenever he fails to implement his obligations with the administration.

The status of the constitutional judiciary and the role it plays in political and legal life, and the importance required by its organic and functional independence from the courts of the judiciary, are closely related to its specialization in monitoring the constitutionality of laws. The constitutional judiciary, whether it is represented in an independent judicial body specialized in examining the constitutionality of laws, or it is represented in the highest judicial body in the scale of the ordinary judiciary, requires the presence of a constitutional and legal organization that enables it to exercise its competences independently from the rest of the courts of the judicial power, as this organization contributes to the activation and implementation of constitutional control practiced by this judiciary, ensuring the implementation of the provisions of the Constitution, preserving its supremacy, and canceling everything that contradicts its provisions

Although the judiciary has the general jurisdiction to adjudicate disputes, the legislator sometimes departs from that principle, and entrusts the administrative authorities to adjudicate some minor violations in different areas, which need speed to be resolved, and do not deserve to be faced with purely criminal penalties, and from those areas Traffic violations, by granting the administration a penal authority to impose fines on violators of the provisions of the Traffic Law, but this new trend of the legislator raised several constitutional and legal problems regarding which the views of jurisprudence and the judiciary varied, represented in the extent to which this penal authority contradicts the imposition of a traffic fine with some constitutional principles, in addition To determine the legal and philosophical basis for granting the administration that authority, as there must be requirements to advance the legislature for this, and a goal that aims to achieve it.

The world has witnessed many armed conflicts, in addition to natural disasters, which left many problems and humanitarian disasters and the subsequent problems and challenges at the various social, economic, administrative and other levels. Perhaps one of those challenges facing the international community and humanitarian organizations is the issue of missing persons, knowing their fate, seeking to restore family ties, and finding out the truth about the distinction between natural and enforced disappearances. It is worth noting that international humanitarian law and Islamic law achieve protection and care for missing persons and give their families the right to know their fate. And their whereabouts based on the right to know the truth as one of the principles of human rights. Also, both legislations are based on the human instinct that God Almighty created, and secondly on the human conscience that judges that protection.

The United States of America became the only superpower after the end of the Cold War, which made it necessary for it to intensify its presence at various levels in most regions of the world to defend its global hegemony, but the American presence in Asia, especially in Southeast Asia, collided with China, which was growing in influence in the region. It seems that the state of interaction between the United States of America and China in Southeast Asia will be one of the important factors in framing the international political system in terms of its nature and rules. Accordingly, American foreign policy towards Southeast Asia was drawn up in accordance with the requirements of the twenty-one century, which testifies the growing strength of political units that are not satisfied with the nature of the international system, such as China and Russia, and other powers, seeking to have an important role in Asia and the international system, such as India and Japan. East Asia falls under the brunt of the targets of these powers because of its vital strategic location, which is a focal point for any policy of the great and major powers, and at the forefront of those countries is the United States of America. Perhaps the most prominent result reached through research on the subject is: (Southeast Asia remains an important factor in the American project in all Asia, which was formulated since the era of former US President (Barack Obama) who is known as the turn towards Asia).

The alimony of relatives has a very important effect, and this type of alimony is through it the continuation of the kinship relationship, as well as sympathy for the insolvent relative by his well-to-do relative, so there is social justice that prevails between individuals and relatives, and we find that the legislation has dealt with this type of alimony, and this is confirmed by the return of most The texts of its laws refer to the Islamic Sharia, and we find that some of the other laws did not clearly stipulate these expenditures, but rather their direct reference to the Islamic Sharia. Many laws showed the relationship of kinship between the spender and the one on whom it is spent, and that there is inheritance, and others stipulated the union of religion, and of course that after referring to the opinion of the jurists, with this we conclude that the issue of expenses between relatives is a human issue before it is legal, but that the law gave it strength and increased it Sobriety, where many individuals knew their rights and how to obtain them by law

The principle of equality is one of the most important principles that man strives to achieve and eliminate discrimination in all its forms As this principle is one of the constitutional and legal principles stipulated in most constitutions and legislations in order to ensure the application of this principle among the members of society under a democratic system, contrary to the aspirations of the people This is because the legal concept of equality before public jobs and sovereign positions does not mean actual equality, i.e. enrolling every citizen in a job or position, but rather means that public jobs or sovereign positions are assumed by those who meet the required conditions, and public jobs and sovereign positions are among the political rights that are restricted to citizens Excluding foreigners, the text has been mentioned in declarations of rights, international agreements and covenants, constitutions and civil service laws of states on the principle of equality between citizens in rights and duties as well as on the principle of equality in holding public jobs and sovereign positions, just as the countries under study and comparison differed (France, Egypt, Iraq) regarding Equality between original and acquired nationality in assuming public office and sovereign positions or not, and specifying a time limit according to countries, which usually ranges from five to twenty years, calculated from the date of acquisition of nationality, hence the importance of the research that we are discussing and the need to delve into its content.

The administration issues general, abstract, binding rules based on the constitution or custom, without the need for a law to base it on or to implement it. They are called independent systems. These systems are divided according to their traditional concept into two types: administrative control systems, which are considered one of the most important means that enable the administration to set abstract general rules, which include orders and prohibitions that restrict the rights and freedoms of individuals; In order to preserve public order in society, and public utility regulations, which are issued by the administration when it assesses that there is a need for individuals that must be fulfilled, whether establishing, canceling, or regulating public utilities, and in light of the failure of the comparative countries’ constitutions prior to the French constitution of 1958 to recognize the authority to issue regulations in a manner Independent of the law, and the ambiguity of its text in the Iraqi constitution in force, jurisprudence differed about the authority of the executive authority in Iraq to issue independent regulations between supporters and opponents.

The information and knowledge are the main source of wealth in modern age. They have become the source of power for the state and the base its advancement and prosperity and a proof if the scientific and technoiogical progress of the age. This knowledge can only reach an advance stage through the scientific research by scholars and researchers . Knowledge is based on an accumulate basis that depends on the scientific product of the scholars and research books for the purpose of developing them .That poses on the scholar scientific fidelity when conveying this information from the scholarly writing as the creator of this information is the holder of the copyright .Otherwise the research bears the liability of copyright infringement by committing the crime of plagiarism of others . Consequently , he bears the criminal liability accursed from that . This will be discussed in tow inquiries: The first requirement is the administrative responsibitity of the greaduate student the penalties According , and we will deal with the administrative responsibility entaild in the right of the university teachar.

It is evident that the commission of crimes does not stop evolving in terms of means, type, purpose and circumstances, and this development is a reflection of the nature of the social path that cannot see long-term stability. Therefore, it has become necessary to recognize the need to continue searching for new ideas to develop mechanisms to reach the truth in order to serve justice.
The science of investigation, which is concerned with searching for the truth about committing a crime and finding the real perpetrator, must continue to search for new concepts to achieve the desired goal. The authority has nothing to do with it except with regard to supervising his duties and the conditions for granting him a license.
This research tries to shed light on this concept adopted in the United States as a model and open the door for research discussion about the possibility of adopting the concept of the private investigator within the Iraqi legislative system.

Any country seeks to obtain a regional or international Prestige, as this is placed in the strategy of this country, so countries work to strengthen the existing relations with certain countries first, and seek to build new relations with other countries second, and also work to gradually reduce the hostility of certain countries that are hostile to them third, all of which aims to obtain a Prestige in the regional and international environment.

The Belt and Road Initiative is an alternative strategy for China to avoid the crises and conflicts it is waging with its regional environment and the countries of the world as a whole, in order to advance production and search for areas of influence and new markets to sell its product The Chinese strategy is to move forward and rise peacefully without causing problems in any framework. It is called (step by step strategy), achieving commercial returns through the prosperity of its economy by linking it to the rest of the world's economies, and achieving certain policies that China seeks in order to achieve long-term goals. Thus, studying Chinese strategic thinking helps us understand how to draw and shape strategies at various levels and on All levels, regional or international, hence the importance of the research in standing on the grand strategy of China through its adoption of the Belt and Road initiative based on its strategic thought, and researching the most important intellectual starting points from which Chinese strategies emanate according to the nature of the international system and the international strategic environment, and the extent of its ability and possibility China in formulating alternatives that contribute to achieving its goals of reaching the world.

Political development is a process of multi-faceted social change that aims to create pluralistic systems that achieve economic growth, political competition, and electoral participation based on consolidating the concepts of patriotism, sovereignty, and loyalty to the state, within criteria; The first is defining the identity of the society so that it is a cohesive political society that is governed by a common identity and belonging to a political system and a political culture that accommodates all factions within a national framework. Political participation through appropriate channels, and that participation in political life be continuous, effective, and free, and the citizen feels that he is an essential part in the political construction of the country, and the fourth is the fair distribution of economic, social and political advantages and gains as an outcome of the participation process.

One of the elements of the legal relationship may be characterized by a foreign character, as if one of its parties belongs to a foreign country, so we are faced with a situation where more than one law intervenes to govern the legal relationship, depending on the relationship belonging to more than one country, and this situation is called a conflict of laws. The solution to this conflict in private international law is through rules called the rules of attribution because they refer to the applicable law, which is the law originally concerned with the dispute. The ascribed law is due to the reason for the defense of public order, because the foreign law referred to by the national reference base is in violation of the public order of the judge’s country, or that the law has fraudulent approach to the law. This, in fact, leads the judge to another problem, which is the conflict between the law of two countries to rule one legal relationship, so the judge proceeds to apply his national law and exclude the foreign law referred to by the rule of attribution.

The reason in reciprocal contracts represents the consideration required by the obligor, as well as the legal interest of the two contracting parties, which directs their will, and it must be real, serious, legitimate and sufficient. Whether the loss is in the basic elements of the obligation or in the conditions attached to the obligation. Comparative laws did not include legal provisions for the partial loss of the reason for the obligation, but the traditional understanding of the reason for the obligation is that there is a corresponding obligation for each obligation that is equivalent to it in quantity and quality, and thus the economic balance of the contract is achieved by equalizing the mutual performances between the contracting parties, in addition to the mutual interest and benefit between them, and that This is not limited to the contract formation stage, but extends to the implementation stage.

The preparation of the budget is considered one of the most important concerns of the states, given the important place the budget occupies in the development plan of the state, in order to achieve development and achieve the services that all citizens need. Therefore, parliamentary oversight is the basis for monitoring public money, and accordingly, the state’s general budget is of great importance because it is one of the tools of fiscal policy on the one hand, and on the other hand, it is a tool for revealing the state’s financial situation and the directions of the government’s policy regarding production, distribution and rationalization of consumption, as the budget The general budget is not only numbers and arithmetic data, but rather a financial tool in the hands of the state that results in political, economic and social importance. The implementation of the general budget and the mechanism by which it is carried out have a major role in good implementation and lack of parliamentary accountability during implementation or subsequent accountability, although the practical reality shows The government often evades oversight through its actual domination of oversight tools, especially through committees, which are often appointed according to partisan quotas. Therefore, this importance to the subject of oversight has gradually increased over the ages due to the increase in the population and the increasing needs of the state and citizens due to the multiplicity of Needs and the scarcity of economic resources compared to them, all of this made the budget the focus of attention of financial researchers due to its increasing importance.

The issue of security media is undoubtedly one of the important topics that has been given great importance in the light of the major developments in the field of technological development in the Internet and information technology networks. Despite the positive advantages of these technologies, they have posed significant security challenges and threats to national security as a result of the use of terrorist organizations for all technological means and tools, including the Internet, social media sites, publicity, advertising and all media tools. (whether visible, audible, read or digital) to achieve its terrorist objectives This study is concerned with analyzing the role of the security media to counter the terrorist threats of the terrorist organization ISIS and highlighting the media strategy of this terrorist organization, which sought to promote its destructive ideas and extremist ideological rhetoric to enlist young people from all parts of the world and recruit them to join it and employ them to carry out terrorist operations. This requires addressing the extremist ideology of this organization and presenting a national security media strategy capable of countering the extremist ideology of organization and protecting security and community peace.

The constitution deals with the legal, political, social and economic form of the state's society, and it has different dimensions and different meanings. The first: whether the constitution is necessary for the state or not. The second: how countries deal with the constitution. Third: The form and reason for amending the constitution. Is the rigid constitution impossible or difficult to amend? Fourth: Is the concept of the constitution a legal or political term? In the sense that it has a specific legal meaning that deals with the concepts of right, justice, law, and the rules and principles of internal public law apply to it, or does it have a political meaning and means the constitution defining the relationship between the individual and the state, and it has another political dimension which is organizing the state’s relationship with public authority on the one hand and defining the state’s relationship with institutions On the other hand, the Supreme Constitutional Court. This is based on the concept of the constitution. In the first: on the basis of the idea of organizing justice in society, and in the second: its basic structure is the citizen. Third: The purpose of its existence is to achieve the public interest. Fourth: Is the political and social philosophy behind writing the constitution convincing, acceptable and applicable? A healthy constitutional society, in terms of being a social conception that enables constitutional realization, links the political right of the state and justice to the people of the state. There is no doubt that the wording of the constitution, if applied properly, is the only option for the political parties to reach and achieve a constitutional democratic people on the one hand. And give the right to the interests of citizens through peace and social and economic justice.

The situation in Iraq after 2003 brought with it great developments, in which violence was an observable feature, and violence did not come from a vacuum. Rather, violence is results: continuous socialization, the results of wrong behaviors in society, and the result of unstable political and security conditions, all of which interacted. and produced a sustainable environment for the culture of violence.
Violence imposed itself on society, but it imposed itself more on children, as they interact quickly with reality, first they receive reality and are affected by it, and secondly they learn it, and continue on it, meaning that the upbringing they receive imposes itself on their behavior later, which makes Society reproduces violence within a continuum.
The values and practices of violence that children are exposed to impose themselves on the Iraqi society and state, as a result of several factors, because they reproduce violence through the upbringing system, in return for government measures that have limited effectiveness in dealing with this phenomenon, and the reason is: the manifestations of weak stability in the state, and the mechanisms are still The national and international were unable to achieve significant results in terms of protecting children in Iraq from violence.