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.