AL-Qadisiya Journal

Disciplinary penalties are one of the means of administrative control, which administrative legislation relies on, and this is accompanied by the need to respect them by the administration when inflicting the punishment stipulated in the law. The administration may deviate in the use of its authority by imposing penalties on its employees without having a basis in the law by taking measures Administrative against the employee without a specific accusation, and it covers his punishment without authorizing it. This type of punishment affects the employee in his future career and constitutes a disguised punishment outside the scope of the penalties stipulated in the State Employees Discipline Law and thus subject to the supervision of an administrative judiciary before the Iraqi Employees Judiciary Court.This research dealt with the subject of legitimate disciplinary job penalties and then disguised job penalties imposed on the public employee, guided by the rulings issued by the administrative judiciary and the Iraqi Employees Judiciary Court.He came out with a number of results and recommendations that can be said to be the summary of what the research aimed at, which is the inclusion of employee discipline laws with an explicit legal text stating that it is not permissible to impose disguised job penalties on the public employee, which may reduce the resort to administrative heads to impose such penalties.As well as obligating the administrative authorities to conduct fundamental investigations with the employee in all cases in which he is alleged to have committed an occupational violation and not to exclude any case from it under any justification, especially since our Iraqi legislator has allowed such a field in the enforceable Law of Discipline of State and Public Sector Employees No. 14 of 1991, in Article (10 - Paragraph 4), taking fundamental investigative measures with the employee in every case in which he violates his job duties may also reduce the imposition of disguised penalties against him, especially since imposing the latter is often without taking the necessary investigation measures with the employee.In addition to the fact that the judge must note, within the framework of his supervision, the existence of a convincing penalty or not in the case before him in the use of certain elements in addition to what we mentioned previously in the conclusions, which is, first, the presence of a mistake committed by the employee, as there is no convincing penalty with the absence of the employee’s wrong behavior, and secondly, whether measures have been taken An investigation into the violation attributed to the employee, as the administration resorts to imposing disguised penalties without taking this action in most cases, and thirdly, whether the contested action as a disguised punishment targeted the public interest or only punished the employee

The unity of the state in the federal system is one of the foundations of the philosophy on which this system is based, and that the strength of the constitutional center of federal authority in the federal state has a great impact on preserving its unity. The degree of strength and weakness of the constitutional position of the federal authority is measured by the size of the constitutional powers granted to it and the degree of its importance and quality. These competencies were large and related to internal and external sovereign issues, controlling the general policy of the state, its economy and managing its wealth. The constitutional center of the federal authority was distinct and strong, and this entailed its ability to preserve the state’s unity from fracturing, and on the contrary, weakening the constitutional position of federal power exposes an entity The state and its unity are at risk.This issue has major problems in Iraq, including what is related to the constitutional texts, where the problem of deficiency and ambiguity of these texts arises at the federal level with regard to defining the legal centers for levels of government in Iraq and the method of distributing constitutional powers among them, which caused the weakening of the constitutional position of the federal authority and making its unity Its entity is vulnerable to danger, including what is related to the political reality that imposes numerous restrictions on the federal authority in performing its task of preserving the unity of the state, which may sometimes reach the point of compromising the unity and sovereignty of the state, which creates a wide gap between the reality of legal texts and the practical reality.The research resulted in a set of results that contribute to finding legal and constitutional solutions to these problems in a way that guarantees preserving the unity of the state

This study aims to approach the problematic of one of the contemporary international practices, known as international memoranda of understanding, which is now widely used by persons of public international law as a means of external communication, in order to escape from the lengthy constitutional procedures, since it is known that this international practice Modernity has not been organized under this name in national constitutions, because it has recently emerged on the international scene, that is, after the Second World War and the global peace charters. International jurisprudence with the possibility of finding legal adaptation to international memoranda of understanding. Are they international treaties or just international understandings that do not entail any legal consequences, but only political consequences, so our study concluded to clarify this modern international practice and its importance in addition to finding the correct and logical legal adaptation for it, Down to the most important results and proposals that may contribute to drawing the attention of the legislator to finding a sound legal adaptation to this international practice, with the need to present it to the Iraqi parliament for approval instead of the prime minister

The research revolves around a statement of the legal effects of referring a public employee to retirement, highlighting the deficiencies in the legislation in force in Iraq and the extent of judicial oversight of that and comparing it with other foreign and Arab legislations (France - Britain - America - Egypt - Saudi Arabia - Jordan), and a statement of the regulations that these countries adopt. And its judicial vision, Also, this issue is important in the employee’s life because it has a social and psychological impact on which it is built, as retirement is like an end-of-service compensation for an employee who has spent part of his life serving the state. For retirement, we also discuss the role of the judiciary in monitoring legislation and administrative decisions in settling pension disputes.

The choice of the issue of the role of international treaties in restricting the constitutional amendment process stemmed from the fact that states, as members of the international community, have their own legal system, which raises the question of the nature of the relationship between international law and domestic law, taking into account the great development of the rules of international law and the expansion Its areas include human rights and fundamental freedoms, The enforcement of international treaties towards states is either in a direct manner immediately upon ratification by the competent authorities of the state, or requires a subsequent legislative procedure to ratify the treaty being placed in the framework of an enforceable law after it is published in the official way. The problem arises in the event of a conflict between the internal legal rules and international treaties. Here, the importance of what states take toward the transcendence of international law and the treaty’s order in the legal hierarchy and how to reconcile the conflicting texts, this research highlights the effect of the international treaty in the event of its contradiction with the constitution that grants it the supremacy and the amendment of the constitution accordingly.

Diplomacy is the main tool in the management of foreign affairs, as it is the driving force of international life when it is best used in accordance with the rules of diplomatic law, and this diplomatic art in representation of the authorities is not absolute from the international and domestic point of view, rather there are a number of obligations that these bodies must have Do not bypass it when conducting its business in the host country, in a way that guarantees the development of diplomatic relations between the approved and receiving country.Hence, the practice of the European Union missions and the Canadian and British embassies in Iraq must not be contrary to the diplomatic norms and the rules of diplomatic law that obligated these missions to observe the laws of the host country and the values and traditions so that they are in harmony with those diplomatic rules and norm, And this is the essence of the research by determining the legal status of raising the gay flag in Iraq by these missions in accordance with international and domestic rules.

The legislator always seeks to protect interests from the various sources of aggression , whether internal or external and these interests are represented in protecting the regular forces in question , so the legislator seeks to protect them in various legislations, as these legislations are embodied in the penal code , the penal code of the internal security forces and the Military penal code from By permitting acts they perform while performing duty or because of it according to certain conditions and criminalizing attacks affecting their integrity, whether material or moral , as well as providing procedural protection , which should be in line with advanced protection systems consistent with technologic al advancements and the intended process of permeation

The content of the collective security system that emerged after the end of the First World War and the emergence of the League of Nations is based on the principle of collective action. In order to maintain international peace and security, it is an idea that consists of two parts, the first is preventive, embodied in preventive measures that prevent the occurrence of aggression, and the second is remedial, represented in subsequent measures after the occurrence of the aggression. In fact, the nature of this system does not eliminate the military forces of the member states of the organization nor does it attempt to create a permanent military force. Rather, it creates a state of solidarity among all member states to stand against the aggressor in defense of the aggressor in order to fulfill the principle (all for one). By creating an atmosphere in which the armies of all countries contribute to common purposes. The issue of maintaining international peace and security in the collective security system has been entrusted primarily by the United Nations Charter to the Security Council. In order for this system to be more effective, the Charter granted wide discretionary power to the Security Council through Chapter Six and Seven to implement a set of collective measures and measures to confront any aggression aimed at changing the international reality by illegal means.The term collective security is not mentioned in the texts of the United Nations Charter, but there are references and connotations to it, as in Article (1/1) as well as Article (7/2). In addition to that, this concept has become clear in the jurisprudence of international law, which refers to collective measures taken against the aggressor state, as in Chapter Seven of the Charter.The failure of this system to succeed and to activate it is due to the absence of a real international will due to the conflict of interests between the major powers. In addition to the existence of a state of imbalance and ambiguity in the organizational structure of the United Nations Charter, which necessitates reconsideration to revive this system.

Despite the development of societies, the issue of empowering women to run state institutions still suffers from difficulties and obstacles. Most of the countries have tended to implement what was called for by the international conventions on human rights, and to emphasize the principle of equality between the races in the leadership of the administration and to enable it to represent the most difficult positions in a successful manner. By eliminating all forms of discrimination in terms of equal opportunities and the possibility of appropriate decision-making. Consequently, the problematic of our research appears in showing the extent of its accessibility in administrative and leadership work at all levels of the state. We will confine ourselves to talking about its role in assuming administrative business and senior positions, as well as the legal protection that has strengthened its role in managing all its public facilities.

represented by the geographical area that is applied within its legal boundaries and rules, which in turn is a manifestation of the state’s sovereignty and authority and is associated in terms of location with the geographical boundaries of the territory of the state imposing it, and this is expressed in the principle of territoriality of the tax law. However, the principle of territoriality in the application of tax legal texts is not an absolute principle, as some exceptions are met by the tendency of most contemporary countries to expand the scope of their jurisdiction to impose tax beyond the scope of their values to include facts and persons present in other countries based on this on several principles of subjection. The tax law, which leads to conflict of tax laws in terms of location between countries, which on the other hand means inevitably the emergence of the problem of international taxation

The employee may obtain during his employment service a letter of thanks from the bodies legally authorized to do so, and this results in different legal effects according to the party to which the letter of gratitude was directed. Therefore, we reviewed the legislations that dealt with the subject of the letter of gratitude, such as the Discipline Law of State and Public Sector Employees No. (14) of 1991 and Resolution of the (dissolved) Revolutionary Command Council No. 155 of 2000 and the implications of both of them and the problems that arose regarding their opposition and application, and the opinion of the Iraqi State Council Regarding it، At the end of the research we concluded that each of them has a field of application and that there is no conflict in the legislation. Rather, there is confusion among some ministries and departments that are not related to a ministry in understanding the field of each legislation as well as the jurisprudence of others that have arranged legal implications on the thank you book without a legal basis due to the wrong interpretation. For legal texts.

Cyber-crimes represent the most dangerous types of crimes that are committed through the international network of information, as this is evident by looking at the enormity of the losses that can be caused by a single successful operation that falls under his concept. The last decade has witnessed rapid developments in the field of information technology, which have led to far-reaching changes in almost all areas of life. Cybercrime has continued to grow over the years as new crimes have been introduced into the international network of deep Internet information. The trend in recent attacks around the world has shown just how diverse the perpetrators are and what they can do. The impact and impact on organizations around the world cannot be overemphasized

The Iraqi Council of State is an independent body with a legal personality. It was established by Law No. (71) of 2017, in accordance with the provisions of Article (101) of the Iraqi Constitution. The State Council exercises its functions under the State Council’s Shura Law No. 65 of 1979. The powers of the council are of a judicial nature, and are the jurisdiction of the Administrative Court, the Personnel Judiciary Court and the Supreme Administrative Court. The Council also has an advisory role for the Legal and Legal Advice Department.It is also noted that the State Council assumes a political role when exercising the above-mentioned functions. In the scope of advisory competencies, the council exercises a political role according to two criteria: the first is the objective criterion and the second is the criterion of the body requesting legislation or fatwa. As for the judicial competences, they are devoted to the powers that the Administrative Court exercises in the field of protecting political rights and freedoms

Government contracts differ in general from the rest of the contracts as they have a specific concept that is derived from the privacy of public facilities and ensuring their smooth functioning regularly and steadily, and the public works contract is considered one of the most important government contracts and this contract consists of a set of key elements, the case of the rest of the administrative contracts, as this contract is related to the facility The public works are directly related, and this contract is subject to an independent legal system that differs from the private law contract system, as manifestations of the public works concessions that are derived from the public law appear in the public works contract, and the subject matter of the contract is focused on real estate and thus excluding contracts whose place is transferred from public works contracts The contract is focused on building constructions such as construction and restoration works, roads and bridges and the like, and the French judiciary expanded in public works contracts to include sweeping, cleaning and spraying works in public road networks, and also included works related to the aspect of privatization, such as laying communication lines and laying their underwater wires

Consent is the basis of arbitration and the arbitration agreement is its constitution. The prevailing principle is not arbitration without agreement. The arbitration agreement must be in writing. However, the International Center for the Settlement of Investment Disputes (ICSID) has recently been adjudicated in cases without arbitration in the disputed contract. Based on the conclusion of bilateral investment agreements or multilateral investment agreements or domestic legislation that allows arbitration in investment disputes is presumed to be an arbitration agreement between the parties

Abstract The medical work, especially in the field of vaccination, is not free of the damages that may affect the patient when taking the vaccines, which prompted doctors to set conditions before starting treatment, exempting them from responsibility or relieving them in the event of failure. And the opposite may happen, by requiring the patient to the hospital or doctor for the success of vaccination or treatment before starting it.From here, questions may arise about the ruling of these agreements, especially in light of the sudden and widespread emergence of the Corona virus (19-COVID) pandemic, at the level of countries of the world, including Iraq, and it has not been possible to confront this pandemic by traditional means, and doubts that still hover over its success in prevention. This epidemic, and its side effects, the available information about it is still incomplete, and in this research we will try to answer these questions

The legal value of the material holder’s deed emerges in terms of abstraction in the moral obligation and the opposition that may occur between the parties to the dispute represented by the legitimate owner of the Check and the material holder of the Check, who may be in bad faith or have good faith without knowing the damage that has befallen the true owner of the Check, and since the Check is a relevant commercial paper. A legal value, so both parties to the dispute must prove the ownership of the Check, and the material holder may resort to adhering to the rule of possession in the movable title deed, and the dispute may also occur after the loss of the Check or its loss from the legitimate owner of it, and the material holder of the Check may not find an objection. Resorting to the judiciary to consider the case based on the bank’s request from the conflicting parties to decide the case and obtain the final decision. The Iraqi legislator has settled the matter regarding the prevention of opposition and has authorized the opposition in cases of loss and bankruptcy. Otherwise, a case of the original right is not heard from the court and the disbursement is not stopped because the Check is a fulfillment tool It acts as money, so the Iraqi legislator seeks to grant the commercial paper extensive guarantees to encourage dealers and ensure its circulation

Dual listing is the registration of a company's shares in more than one financial market, which allows shareholders to buy and sell their shares in more than one market using different currencies and according to different trading times. This is what enhances the reputation of the listed company and makes it accessible to a larger base of traders, as well as giving the company an opportunity to access the global market and deal with a wide network of consumers, suppliers and investors once a dual listing application is registered in an international market, in addition to the most important reason, which is the ability and credibility that it enjoys. These global markets have these global markets, which gives the company’s global reputation because it has been approved to be listed in those markets and has completed all the high-level conditions that must be met, as most of the advanced global stock exchanges have a good management level and a great deal of transparency and responsibility.

This study aimed to understand the nature of the relationship between the Arab Republic of Egypt and the Hashemite Kingdom of Jordan, as its importance lies in describing the relations of two neighboring countries in political, economic and cultural terms that have a great strategic influence in the region, especially in light of the emergence of many regional and international variables during the past two decades, and the study indicated the impact of local variables linked Geography, history and regional variables related to the Palestinian issue and the Arab-Israeli conflict, in addition to the international variables related to the effects of the international system, especially the United States of America, as it is one of the most important factors affecting the relations between the two countries. The study indicated that there is a direct relationship between the level of pressures of the international system and the degree of response of regional system units, including Jordan and Egypt, to these pressures