Journal of Juridical and Political Science

The importance of this research appears as it deals with constitutional and legal issues related to the skill of the administration of the American president, and his limited powers, as the head of the executive authority as represented in the American Constitution, and the additions he obtained as a result of the practical reality and as a result of the size of the powers and relations entrusted to the American president, his role and position became similar to that of the emperor and thus It cannot be assumed that all persons occupying this office shall have wisdom, equanimity, in the exercise of their powers. The position is tempting and may be occupied by those who are not qualified for it, and from here some have directed a torrent of criticism for the arrogance of power among the presidents in their dealings with other countries of the world.

Water is one of the most prominent thorny issues that affect the nature of Iraqi, Turkish and Iranian relations. Where Turkey uses this paper as a main tool in solving the problems that occur with Iraq, especially after the American occupation of Iraq in 2003, where the Iraqi-Turkish relations witnessed tensions, as a result of the Turkish government’s construction of water dams on the Tigris and Euphrates rivers, which led to a significant shortage in The amount of water entering Iraq, and its negative impact on agriculture and the increase in desertification and salinity areas, in addition to the Turkish side’s refusal to apply the rules of international law. As for Iran, it built dams and cut off more than 90% of its tributaries from Iraq and caused drought, which negatively affects security food.

The civil procedural laws are among the most important laws through which the state exercises its prestige in imposing the supremacy of the judiciary, through which the legislation organizes the means of litigation and procedures for filing lawsuits and how the judiciary considers them. Geographically and culturally close, passing through the historical load with which the problem of alignment was raised and that the load did not stumble with progress in all fields, and the legislative procedural path is not behind it to catch up with the progress of development. Hence, the aim of the study was to know the impact on civil procedural laws in the Kingdom of Morocco and the Republic of Iraq, at a time when legislation has embraced tangible development at all levels, and with it very important proposals were put forward, such as investing the ancient civilizational experience of both countries to develop their laws, unifying the label and benefiting from Legislative development, equality of jurisdiction and lack of prolongation of the dispute are the ultimate goal of procedural justice.

The funds of higher education were established in Iraqi universities and institutes under Instructions No. (122) in 1999 as a means to support educational institutions, maximize revenues, untie jams, and activate the role of their employees. These funds carried out fundamental financial tasks as they covered a significant part of the expenses of these important institutions. Despite the importance that these funds have occupied, at least in terms of their scope of work, there is still legislative apathy. The legislator did not regulate its provisions in a specific law showing the nature of work, how to prepare its budget, and clarify the powers of its board of directors, leaving the matter to instructions. We intended to study this fund and get acquainted with its nature, sources of funding, and ways of spending, as it constitutes a good financial support for institutions of higher education and scientific research in Iraq.

It is granted that negligence causes material or physical damage to a person deserves remedies, if the elements of civil liability related to the subject are fulfilled, but the problem is the fate of that other type of damage resulting from negligence, which is the psychiatric damage resulting from the circle surrounding the event, whether it is an act by doing a positive act or abstaining from a negative act. In addition, the development that affected all aspects of life, which was accompanied by the development of legal thought, had to find a formula for a solution to this type of damage, whose impact on the injured is no longer hidden, and which can be proven by seeking the help of specialists such as psychiatrists.

Transparency represents a value that must be in the administrative decision and preserved for its importance in preventing corruption and deviation in power, improving the relationship between the administration and the public, achieving satisfaction, obtaining rights, and enhancing public confidence. The element of form and procedure is one of the most effective elements of the administrative decision. The formalities and procedures imposed by the legislator have a key role in informing individuals of the content of the decision before it is issued, informing him of the reasons that prompted the administration to take it and determining the source of the decision, and providing other important guarantees for the individuals addressed by those decisions towards ensuring their right to defense, and adopting the best means of expressing the will to ensure the achievement of a great deal of transparency and openness.

The provisions are the most important and highest-ranked executive bonds, as they affirm the substantive right in a way that no other bonds do. On the one hand, its composition surrounds sufficient guarantees to reach the truth, as it is issued by a judge in judicial litigation ,after investigating the facts and evidence of the case .on the other hand ,the law ensures decisive effective in confirming the right through the authoritative command of res judicata, and considers judicata, and considers judicial rulings are the executive bonds the most common in the work.it is this place will show the role of the provisions of the arbitrators bonds executive and nature that characterize whether acknowledged legislation and jurisprudence to consider the provisions of the arbitrators bonds executive ,and that we deal here with the provisions of the arbitrators is regarding executive bonds implementation of any implementation, which requires the use of coercive force were ended after the convict him for an executive copy of the judgment of the arbitrators.

The administrative crime is any illegal action that is punished by an administrative penalty that is imposed by administration against the people who break the law away from judiciary. It is one of the ways to restrict criminalization and avoiding judiciary in some cases that the offending person can be punished according to another laws that can serve as the criminal does; preventing law violation.

Corona is one of the most dangerous types of pandemics, which made it considered health and high-quality printing according to Sharia and public reading as possible to prevent the transmission of infection to healthy people. If the infected violates the health instruction he would be legally responsible for the damage that he causes to other people. So compensation for the people will be highlighted in this study.

Giving troubled commercial projects legal opportunities to rearrange their affairs, and then return them to commercial life is similar to returning the dying person to his normal life. The commercial law is either a cause of bankruptcy which causes many employees layoff or it can give a legal chance as to make the merchant make use of his mistakes and back to his work. It is necessary to find solutions represented by means that prevent bankruptcy on stumbling projects, and at the forefront of these material means is the release of the debts, which represents a real guarantee to get out of the financial crisis of these commercial projects, through which it is possible to convince the mass of creditors to absolve the troubled project or company from debts, as well as the release. The acquisition method can be relied on to save the troubled projects, and this requires that there be an agreement Effective control, according to legal procedures, by a company with a strong financial position, over a reluctant, sick, troubled company.

The research highlights the attempts of Iraqi legislators to ensure the rights of the missing as to recover the family ties via identifying and organizing their legal center. The legislator limited the period of the missing that they can be counted dead and martyrs as their relatives can inherit them. In addition, the legislator managed to compensate their relatives as they suffered both moral and material damage for they missed one of the family members. The legislator, too, worked on guarantee the compensation as to treat the damage that the relatives suffered in addition to the continuous search for the missing weather at the local or international aspect.

Human rights are recognized for all individuals with disabilities through divine religions, international charters and national legislation for the category of persons with disabilities, which are the most vulnerable groups in society, so the research was limited to the extent of the interest of relevant international and national legislation in providing legal protection for this category based 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 convention on the rights of the child of 1989 and the convention on the rights of persons with disabilities of 2006, to which Iraq has joined by law No. (16) since 2012, it has become a fundamental commitment to the need to provide legal protection For this category, the Iraqi law on the care of persons with disabilities and special needs in force No. 38 of 2013 was issued

The criminal record sheet is a document that the character of the accused can be inspected since it gives a good idea about his personal information and his criminal record rather than being a means of saving all judicial decisions against the accused. Thus the number of the new criminal can be known. In addition, the criminal record sheet can serve as a clue for the court beside the other evidences. As well, it has a considerable role in the punitive exclusivity. The researcher has reached a conclusion that the Iraqi legislative didn’t identify the kinds of crimes nor the period that enough to save since it can include all criminal restrictions of all crimes (Felonies, misdemeanors, and infringement). The researcher stated that the criminal record sheet should be activated so as to make sure of the crime recurrence via amending the rules (139-140) of Iraqi law to be suitable with the recurrence rules and working on excusing the accused from requesting their criminal record sheets.

Most states, including Iraq, are keen to make the political rights restricted to the native Iraqis. This doesn’t mean that it is restricted to only the a mentioned class, but legislators try to restrict the high political rights to the citizens who are loyal to their country.

The European court of human rights is considered a regional supervisory judicial tool, that plays a special role in a good application of the rules of the European contract for human rights and its protocols and make the member states respects the texts of this contract and its protocols convention. On the level of international protection services, the European court of human rights is considered the most effectiveness on the universal level and is considered precedent in the history of control to the commitment of countries for human rights and common freedom for people on their territories.

A juvenile has a special consideration. A deviant juvenile has a vulnerable thought and can offend any of his family or his community citizens which kame them feel unsafe. The delinquency of the juvenile is a feature of social abnormality that must be controlled and treated or it would cause the security of people at risk. The social, economic, and technology variables have an active effect on the future of the juvenile as to determine the age categories that are liable to delinquency. So the authority should have a good idea about the efficient procedures that can prevent the juvenile delinquency.

The National Human Rights Institution in Iraq is embodied in the High Commission for Human Rights, which is one of the independent constitutional bodies, which aims to work to promote and protect human rights and freedoms at the national level, and there is no doubt that preserving human rights is the cornerstone of society’s stability, wherever I found a society that enjoys stability, I found a person who is comfortable with his rights, and there is no doubt that spreading a culture of human rights, inculcating their values, promoting them, teaching them and training them, to turn them into a practical reality in society, has a great impact on the understanding and familiarity of individuals with their rights, respect, preservation, and public With dignity and freedom from all forms of persecution and oppression, and inculcating a sense of responsibility towards the rights of individuals and public interests, which causes individuals to actively promote and participate in the development of their country, and people are charged with this task under its law, and to achieve this it undertakes many activities and uses many of the means stipulated in its law, It did not provide for it, based on the broad mandate it was entrusted with, namely, to promote and protect human rights.

The significance of the right to work at the oil field emerged since Iraqi budget depends on the oil fortune in developing the country concerning education and industry. So there was increase in the need of offering such a right after 2003 for Iraqi government managed to contract with several foreign companies at this field. This caused more demands for right to work in the oil fields that the items of allowing foreign workers to work appeared in the contracts and even favoring foreigners to Iraqi employees pretending that they are more qualified.