AL-MA’HAD

Water is of great importance in the lives of nations, and many data confirm that the coming wars will be wars for water, the twenty-first century is the century of water, as Iraq faces great challenges because of the water crisis, as Iraq suffered during the last decades of the past century, great difficulties it is related to water, especially since Iraq is an agricultural country, and it was historically called (the land of blackness), especially if we know that water resources in some countries come from outside their political borders, including Iraq, despite the diversity and multiplicity of challenges (political, economic, social and environmental... ) however, the economic challenges are at the forefront, because the water problem is one of the problems that have a great impact on the Iraqi economy. The water resources in Iraq are currently facing, and in the near future, various and many challenges (internal and external reasons), it has become clear the size of the challenges facing the country during the twenty-first century, (these challenges stem from external sources (Turkey, Syria and Iran), which are huge dams and irrigation projects, operational plans of water resources in the upstream countries, internal causes represented by population growth and increased pollution of the Tigris and Euphrates rivers, and low irrigation efficiency (30-35%) due to old irrigation methods, and drought has a direct impact on various economic sectors in Iraq, which is in fact damage to sector of agriculture and industry and drinking water plants, as well as the impact of water scarcity on the electricity sector, where water scarcity leads to the stoppage of power plants, and water scarcity has a role in affecting the marshes, drying them out and reducing their biodiversity, which threatens to cause harmful effects on the economic future and food security of the country.

Parliamentary questioning is an important means of matters that can in turn be the authority, which in turn is considered in turn. This authority is considered as the interrogation because it is the protection of public funds, as well as it is concentrated in the authority that monitors their actions and holds them accountable. And he watched her and her executor, the power of the government, and the power of the government, and the government's authority. The Palestinian Authority operates to operate the Authority.

The study dealt with some practical measures for corruption crimes with a foreign element in the light of the United Nations Convention against Corruption of 2003. Corruption, and this was done through two requirements. In the first demand, we dealt with international cooperation in corruption crimes with a foreign element, while the second requirement was devoted to the exchange of information and technical assistance in corruption crimes with a foreign element.

The process of building American interests went through several stages, and was linked to the process of transformation in American strategy. The first stage was characterized by a “policy of isolation” and lack of external connection. The United States focused on building a state capable of providing its internal security in all its meanings (economic, military, and political). As for the second stage: It is the stage of transition to intervention in international affairs with the presence of a new strategic challenge represented by the Soviet Union. At this stage, the United States tended to adopt a policy of (containment), which aimed to set clear limits to possible Soviet expansion through a display of American power. The third stage came. With the United States’ superiority and unilateralism in managing global affairs (hegemony), it abandoned the policy of containment and chose the idea of pre-emptive and preventive war.

The procedural necessity is embodied in general in all stages of the criminal case, and in particular in the issues that separate the criminal case, such as amending the charge, changing the legal description, extending the jurisdiction, and transferring the case. The basis of the procedural necessity in those cases is the interest that prompted the legislator to grant the court authority to amend or change the legal description of the incident because that is closer to achieving justice, and on the other hand it wards off the danger or damage to which the other party is exposed. The extension of jurisdiction achieves an interest in the investigation procedures and even in the trial. As for transferring the case imposed by the necessity of the investigation interest through reaching the truth or what security conditions require (private or public). Therefore, the procedures imposed by the procedural requirements of the above cases under those circumstances will be decisive to put the case on the right path, which saves the effort and time of the court.

The transportation infrastructure is viewed as the sensitive nerve in the economic and social entity at the state level, as transportation, whether through airports, railway stations, rivers, etc., is an indispensable basis because it has a major role in the process of economic development, through the revenues derived from The movement of people and goods, and given the importance of the transportation infrastructure, the criminal legislator went as one who provides criminal protection for it and surrounds it with a security fence by setting appropriate criminal penalties, whether those penalties are mentioned in the Penal Code or in the relevant special laws, as we find that It has criminalized the acts of aggression that affect these infrastructures, whether in the form of vandalism, destruction, disruption, damage, or rendering them unfit for use in what they were intended for, and thus the convict is subject to the original penalty legally prescribed for it, the accessory and complementary penalties mentioned in the Penal Code.

Subjective criminal law means that it has principles, objectives, characteristics and special advantages over all other branches of laws, and that the crime of stealing or concealing the money of the bankrupt is one of the crimes related the merchants, as its elements overlap with the elements of some other crimes, such as the crime of fraud committed by the merchant as well as committed by the members of the commercial company and its manager, as these types of crimes find their basis in the legal rules, and they share and are similar in terms of the nature of the rules regulating them, but the existence of this approach does not negate the existence of difference and distinction on the other hand between this crime and some other crimes Which we will try to explain in this research.

Legislative Deficiency refers to the existence of a legislative text that regulates a specific matter but is deficient and insufficient to encompass all aspects of the issue and keep up with it. Legal provisions suffer from various flaws, including errors, repetitions, and contradictions. When the competent authority refrains from legislation, it creates negative effects that clearly impact the addressees of the legal provisions, individuals, state institutions, and hinder the proper implementation of the law.
The presence of any flaw in the provisions of the Federal General Budget Law imposes on the authorized entities the legal obligation to address these legislative deficiencies, each according to its jurisdiction, based on the principle of the separation of powers, starting from the legislative authority and ending with the judicial authority responsible for resolving disputes. Therefore, the role of the Higher Federal Court emerges in addressing the deficiencies in the provisions of the Federal General Budget Law through its oversight of the constitutionality of laws. Additionally, the Iraqi Council of State plays a role in addressing deficiencies and reconciling conflicting parts through interpretation, advisory functions, as well as the preparation and formulation of legislative projects.

The accused has the right to appoint a lawyer to defend him before the criminal courts. The interest of the international community as a whole, and this was evident in international documents, declarations of human rights, public and private agreements and international conferences. Arab countries have guaranteed this right in their constitutions and procedural or penal codes. To provide protection for the accused to defend himself and considered the right of defense sacred and in all stages of the criminal case, with the clear discrepancy in the procedures of criminal courts regarding the right of the accused to defend himself through a lawyer chosen by him or assigned by the court in the event that he is unable to appoint him. The recognition of this right by the Arab countries in their constitutions and fundamental procedural laws has become obligatory for the criminal judiciary to enable the accused to have this right. This invalidity has implications for the criminal case.

Our research examines a legal and jurisprudential topic under the title "The objective and procedural effects of conflict resolution/a comparative study", whereby resolving conflict and disagreement between the parties leads to conciliation and severing the rivalry with affection and love, and that resolving disputes amicably contributes to Reducing the volume of cases submitted to this judiciary on the one hand, and on the other hand, it reduces the burden on the conciliatory parties, as resolving the conflict between the opponents saves them a lot of effort, and does not waste time and does not waste money, as Gajab Aujabi plays in achieving Balance in relationships and stability in transactions, and also eliminates hatred in human society.

It is known that the sciences are organically divided into natural, pure, social and human sciences, and this separation or division between the subjects of these sciences on the one hand and the scientific methods used in scientific research in them on the other hand, which means that this separation is objective and methodological, inherent and fixed, and humanity has reached this classification after... There were historical stages that these sciences went through, in which they emerged from the womb of philosophy to branch out this independent scientific branching, but this strict methodological separation between the sciences began to be subjected to criticism, whose advocates called for the necessity of benefiting from the mechanisms of the methods used in a group of these sciences in order to apply them in the rest as long as they are effective and productive. This is with the necessity of taking into account the specificity of each of these sciences through harmonization between research methods and the topics of this science. I took mathematics, for example.

The Iraqi Parties Law No. 36 of 2015 is considered a turning point in the democratic path in Iraq after 2003, for its role in building a governing and organized legal framework for the establishment of partisan work in Iraq. Whoever reads the law will find that the law, with all its flaws, sought to be a step forward in the institution of party life in Iraq. To regulate their partisan behavior and work to subject them to the control and accountability of state oversight institutions, and one of the behavioral spaces for political parties that the law sought to organize to reduce manifestations of corruption is the issue of political finance. Parties, like other political actors, need money to maintain their political presence before the elections through the establishment of headquarters partisan, winning supporters and supporters and enhancing its social and political presence in society, as well as it needs funds during the elections, where the presence of funds contributes to strengthening its media and propaganda presence in society, which enhances the The issue of organizing and monitoring it becomes also more important, from here when looking at the new Iraqi parties law, we will find that the law did not overlook the issue of political funding for parties, as it sought to organize it in addition to its establishment and dissolution

The Islamic Shari'a has paid great attention to woman and has paid special care to her as the centre of gravity in society. She shakes the cradle of her child and shakes by the other hand the whole society. This importance is demonstrated by the mechanisms and immunities which the Islamic street surrounded by the women that considered as ingredients for success of women's role within the family and society as a whole. Woman plays a significant role in the strength of the family alongside man, although man's guardianship is dominant and controlled by virtue of the preference of the Islamic street for men in the management of family affairs and the consequent obligation to spend on it. The research focuses on the extent to which women can succeed in this considerable and great responsibility laying on her through the means and mechanisms enabled by the Islamic street as well as by the positive legislature, which may appear to some addressees to this issue to constitute restrictions on woman's freedom and to diminish her status within society.

The international situation witnessed the return of Russia and its aspirations to the Middle East region, especially in recent years, as Russia adopted positions in its foreign policy to restore balance to the top of the world. The United States of America from expanding in the region and confirming Russia's return to the international arena.
As for China's position on the Syrian crisis, it is an opposition position to the United States of America, as it seeks to protect peace, preserve the principles of the United Nations, and refuse to interfere in internal affairs by using the right of veto. In the face of the United States of America and Western countries

The research study dealt with the joint jurisdiction to declare war between the two sides of the executive authority in accordance with the Iraqi Constitution of 2005. The concept of declaring war was addressed, by defining war and determining when war is legitimate. The declaration of war and the necessity of declaring war was defined, and the legal basis for declaring war was explained, whether At the international level, or at the internal level, or in terms of national constitutions, the constitutional organization of the jurisdiction to declare war was then discussed through a comparison between the constitutions of (Britain, the Arab Republic of Egypt, and Lebanon), and the Constitution of the Republic of Iraq of 2005, and it was concluded that the Iraqi constitution is unique from the rest. Comparative Constitutions in its involvement of the heads of the executive authority in submitting the request, as the constitutions of countries usually grant the request in declaring war to the Commander-in-Chief of the Armed Forces (the Prime Minister), because he is the one who has the reins of affairs and has the final say in moving them. In addition to that, he is aware of The conditions of these forces, and the extent of their readiness and readiness for such a dangerous mission, and that he is the one who bears full responsibility for their actions, and the Iraqi constitutional legislator did not address this issue in a manner that is compatible, with war being considered a case of applying exceptional circumstances.

The public office is included in the practical scope of the state through the provision of public services with the aim of the public interest aimed at achieving the public benefit.
Perhaps today we are in dire need to define the basics of this job, which has been absent or absent from the thought of some workers in its field and has become a means to achieve personal, factional or even family interests and benefits.
Therefore, the job in its holistic sense is the government tool to achieve its service programs aimed at serving its citizens through the establishment of multiple, diverse and specialized facilities and institutions to carry out its tasks, which were charted by the laws of the job and the job description for each department.
Of course, this necessitates the selection of specialized employees to carry out their duties defined by the law and to set controls for their behavior inside and outside the job.
Key words: job, employees, job violations, laws, public services.

Property rights have prevailed over all past times, allowing those property rights to dispose of their property independently, but with the great technological development that we are experiencing at the present time and the emergence of the term cooperative participatory economy that allows others to benefit from property assets in exchange for a financial reward. One of the most prominent manifestations of this type is what Transport is known through smart applications, which are very popular at the present time. This is what prompts us to search to know the nature of that contract, to know the theories that can explain to us that legal nature by highlighting the extent to which the driver can be considered a worker for the operator of those applications where he is The carrier in the legal sense, but it has a special nature imposed by the method of concluding that contract that is made by electronic means and ending with the inclusion of a number of findings and recommendations that I reached, the most prominent of which is considering the smart application operator as the carrier in the legal sense, and not as it is listed by that operator in considering the driver as the one who bears full responsibility for potential damages, as well as diagnosing the legislative deficiency in regulating This type of contract .

Since medical work is both a legitimate and exceptionally dangerous humanitarian activity, any basis for health responsibility must take that fact into account, and before the role of comparative legislation came, the judiciary and comparative jurisprudence were searching for an appropriate basis for that activity, and it excluded illegal health work. He placed it on the side of criminal work, as long as popular work remains legitimate and benefits all of humanity. Thus, jurisprudence and comparative jurisprudence have proposed three solutions to the issue in three directions: fatalism, doctrine, and negligence. There is a fourth solution, as it is still on its way to success and application, and I think it has a good future

Banks have a major role in creating and distributing credit to develop the activity of economic projects, and trust is the pillar on which credit is built. Also, trust and secrecy are two inseparable elements, so one does not exist without the other, and these two elements must be available in the work of banks, and it is recognized that the bank is frequented by a number of customers of various names, whether they are merchants, ordinary people, or other legal personalities, which will result in The bank will see facts and information as a result of what its customers say, that information and facts are often related to the requirements of economic work, especially in the profitable aspect of it, and for this reason the law was required to be present to protect that banking information for fear of its leakage as a fundamental interest worthy of legal protection.Therefore, banks exercise their informative and supervisory role in order to reduce money laundering by inquiring about customers to ensure the safety of their banking transactions according to a specific mechanism in order to prevent the destructive effects that occur in the event of the spread of the phenomenon of money laundering.

This research concluded that the Iraqi legislator did not stipulate in the general penal code or the specific penal texts the criminalization and punishment of the act of breaching the implementation of a contract or cheating in its implementation, which prompted us to propose a draft text that would be located in the Penal Code, and the draft stipulates the following: ( 1. Anyone who intentionally fails to perform a contract without a legitimate excuse shall be punished by imprisonment for a period of no less than one year and not exceeding three years, and a fine of no less than two million dinars and not more than five million dinars, or one of these two penalties. A period of not less than three years, and a fine of not less than three million dinars and not more than seven million dinars, or one of these two penalties if the presenter receives an amount for the execution of a contract. 4. The previous provisions apply, as the case may be, to subcontractors, agents, and mediators if the breach of execution or fraud is due to their actions). The breach of a contract or fraud in its implementation shall be included in the Penal Code.
This research has contributed to answering the questions we mentioned in it, and comes at the forefront of these questions, is the breach of the implementation of a contract included in the Iraqi Penal Code? To answer this question, we will divide this research into two chapters and a conclusion.

Achieves commitment to informing, paving the moral foundations necessary for daily transactions, enlightening the contractor with the essential information networked in the contract that makes him decide later to conclude the contract or not to conclude it, assuming one of the parties relies mainly on the basis of a contract for his needs and purpose, that the obligation to inform, in the Emirates, and of course, begins in condition, or at least prevent it.

This research dealt with the issue of civil liability resulting from the leaking of professional secrets to lawyers, as the study of professional confidentiality and responsibility arising from matters of complexity and ambiguity. On the other hand, anyone who breaches such a duty will be subject to punitive and disciplinary laws. The duty to divulge secrets and to punish anyone who fails to report or testify about a crime is not an important way to defend justice.
The problem of the research in the civil liability resulting from the leakage of professional secrets of the lawyer and what is the nature of this responsibility? And one of the most prominent findings of the research is that although the lawyer’s commitment to preserving the professional secret is a professional and moral duty, the Iraqi legislator did not define the disclosure of contractual secrets Leave it to jurisprudence. It suffices to cite legal texts from which it is clear that breaches of confidentiality occur through the disclosure of secrets.

The Iraqi constitutional legislator adopted the parliamentary approach to choosing the president of the republic and forming the government through the parliament. Based on justifications of a political nature, as it is the best and optimal in the newly democratic countries, and speed is achieved in the formation of the executive authority on both sides of the president of the republic and the ministry. The political stability of the country was achieved based on the principle of peaceful transfer of power. However, the follower of the political reality in Iraq notes that, in addition to the role of international and regional intervention, there is a role in the process of selecting the Speaker of the House of Representatives, the President of the Republic, and the formation of the government. And that the political parties have always not adhered to the provisions of the constitution and the laws in force to elect and adopt the “principle of quota” through the alliance between the winning parties in the parliamentary elections, and this alliance results in the distribution of ministerial portfolios among the parties affiliated in it according to the percentage determined for each party and in proportion to the size of its representation in the parliament. deputies. The process of selection by the House of Representatives is only a formality.

The effects of (Covid-19) were not limited to the health sector only, but it has overshadowed all aspects of life, including the legal aspect. In addition, methods of private international law are facing many problems and obstacles, which have been addressed by specialized academic studies, and researchers have explained them in this field.
On the other hand, the Unidroit principles represent modern and flexible rules characterized by many advantages that qualify them to be an appropriate option for organizing this type of legal relations, in all circumstances, including the era of (Covid-19). It adopted two important provisions in this regard, force majeure and hardship, which represent logical solutions that the parties affected by it (Covid-19) can use.

Studying the nature of the mutual influence between the Iraqi political authorities (1958-1968) is not an easy task, because the political structure in Iraq was characterized by national, religious and ethnic diversity, as well as the repercussions generated by that diversity within the framework of a single state. The political authorities that ruled the country did not aim to construct A stable country, and thus the country lacked development, and each trend tried to impose, Parliamentary life was absent in the Iraqi republican system (1958-1968). The loss of successful political direction was due to the lack of a political program appropriate to the nature of national and religious pluralism in Iraq, as well as the loss of political expertise. Thus, the republican system was unable to adopt a standard and principle to govern the country. Relying on the masses to settle any political dispute was dangerous to the future of the country, because it is difficult to control chaos as the masses behave according to their inclinations and emotions. Competition should have been limited to the elites and the representation of the masses should have relied on elections or referendums, but the disappearance of political rules Which governs the political influences that led to violence becoming the preferred tool to achieve political goals.

The research deals with the issue of the United Nations, represented by the Security Council, not issuing resolutions allowing member states to use force, in addition to the Security Council not issuing resolutions to punish violating states that use force without authorization from the Security Council, as the use of force by some member states is outside the scope of the cases in which it is permitted. The Charter in the event of self-defense or the implementation of Security Council resolutions, and the extent to which all of the above can be considered an implicit amendment to the United Nations Charter through international custom.

The Muslim Brotherhood movement (origin, goals, ideology), its relationship with the ruling regimes and the extent of its influence on the political circles and the form of the existing regime is considered. Since its inception, the Muslim Brotherhood has gone through a long conflict with the Egyptian political system. It can be said that the relationship between the Muslim Brotherhood and the ruling regime in... Egypt during the period (1952 AD-2011 AD) was complex and tense, as the ruling regimes changed and dealt with the Muslim Brotherhood in various ways. Despite the group presenting political and intellectual challenges to the ruling regimes, it was subjected to persecution and repression due to the awareness of the danger of the movement and its impact on the political system, as it was popular. This is significant thanks to its social and charitable programs that were presented to segments of the Egyptian people,

Human rights have been recognized for all persons on the basis of the principle of equality between males and females through divine religions, international charters and national legislation, especially since women are half of society and play an important role in various educational, cultural, social, economic and health sectors, The research was limited to the extent of interest of relevant international and national legislations in providing legal protection to this category, relying on the descriptive and analytical approach of legal texts related to their protection, which came in line to some extent with international conventions, including the Universal Declaration of human rights of 1948 and the International Covenant on economic, social and cultural rights of 1966Which has become a fundamental obligation on states to provide legal protection to working women through their constitutions and laws related to women's work, including the Iraqi labor law in force No. 37 of 2015, by providing appropriate work, determining working hours and wages, granting bonuses and vacations, and protecting them from work harmful to their health and human conditions.

The delivery in the possessory mortgage contract or what is called the arrest in Islamic jurisprudence is the point from which the mortgagee directs the investment of the pledged thing. Possession highlights its importance in the possessory mortgage only without the insurance mortgage, so we will limit the talk in this research to the possessory mortgage only, by dividing this research into two sections. The mortgaged thing in Islamic jurisprudence.

exchange marriage is one of the negative things that happen in society, and what this marriage may cause in terms of injustice to women and an insult to the dignity of women is the loss of her legal and legal right represented in the dowry, because of the guardian marrying her guardian (his sister or daughter) to another person, in return for that guardian’s marriage to a daughter The other guardian, that is, a girl for a girl, without any dowry, and this thing is contrary to the law and Sharia because the dowry is one of the rights of the wife.
Therefore, in our study, we dealt with what the condition and its types are, and the conditions associated with the valid marriage contract, and the incorrect ones through two requirements that were clarified in the first topic. dealt with in two matters.