AL-Qadisiya Journal

There is no doubt that the unlawful attack on the security of sports facilities affects that indicated benefit resulting from it, and from here the legislation has hastened to confront these attacks in response to the importance of the legitimate interest and the seriousness of the continuing attacks on it, and also to respond to the requirements of the International Sports Federation decisions that obligate states to maintain the security of Sports facilities, and this legislative confrontation is classified by criminal jurisprudence in special penal legislation.
Hence, the organization of confronting the crime of using prohibited materials on the occasion of holding sporting events in its modern form, represented by the diversity of sources of use by the sports public, as this topic enabled the existence of its own personality consistent with the images of attacks affecting their security and the risks resulting from them, which represents A criminal policy that is in line with what is happening in terms of social, political and economic changes in the administrative system of the state and the protection of legitimate interests represented by the security of sports facilities.

It has become a given that the judge's stray and his primary goal is to search for and uncover the truth, this truth that cannot be evident on its own, but rather passes through a series of successive and successive stages, based on painstaking effort, arduous research, intellectual follow-up, and mental selection, given the different capacities and abilities of judges. Their opinions differ and their views differ regarding the evidence before them, how it is assessed, and the mechanism for adopting it, so that ultimately results in a completed judicial policy.
Accordingly, judicial policy cannot be achieved in one go or be the product of one stage. Rather, it takes its path in progression dependent on a group of pillars, which can be expressed through the foundations of judicial work. Therefore, it is not possible to talk about the stages of progression unless a group is shed light on. Of the pillars that should be based on the mentioned policy.

The courts may be forced to issue a decision that contradicts the direction they were following in their decisions on a particular subject, which is considered a modification of their approach, and this is considered a violation of the principle of judicial security and the issue reaches its utmost importance if the judiciary is a constitutional judiciary where the direction it plans is binding on all authorities in the state and what is in it The judiciary and through the research we will identify means by which it is possible to reconcile the obligatory statements issued by the Federal Court and the superiority of its decisions and the possibility of violating previous decisions issued by it.

Legislators in Iraq and Egypt adopted the principle of determining agricultural ownership, and the provision of a cap on the amount of land area that individuals may not own any area more than this limit, with the aim of eliminating what was known as agricultural feudalism, and to achieve this and to ensure that agricultural land is not collected by a few individuals; Due to the scarcity of studies that have been subjected to this type of takeover by the administration, we have therefore tried in this research to highlight the concept of administrative takeover of what exceeds the upper limit of agricultural ownership, its distinction from the seizure of other laws such as the expropriation law, and to show how the administration verifies that there is an increase in the maximum area requiring the intervention of the competent administrative committees. We found that the competent administrative committees are going according to a specific legal regulation in the implementation of their tasks, which is somewhat different in Iraq from in Egypt, as the Egyptian legislator set the upper limit on land ownership with fixed limits, While the Iraqi legislator defined it with moving limits that vary depending on the type of land, the degree of fertility and the way of irrigation, which made the task of the administration more difficult to know the new cases in which individuals own agricultural land more than the upper limit, on the other hand, the Iraqi legislator did not commit individuals to submit a continuous declaration whenever they achieved an increase from the limits mentioned as the Egyptian legislator did in dealing with new cases Therefore, this study suggested some solutions to address these issues

The electronic tax payment and collection system is one of the modern systems that have been applied by many countries because this system has an active and important role in developing tax collection processes from taxpayers, increasing tax revenues and securing their quick collection, and identifying the efficiency of the procedures and activities of the tax accounting process currently being followed Prior to the tax authorities in achieving the acceptance of taxpayers and tax administration employees in the tax collection processes. We have touched in the research to a number of conclusions, the most important of which is that electronic collection according to the electronic computing system obliges all state institutions to use transparency, integrity and clarity in their work and to ensure the seriousness of information access to the work that they accomplish for the taxpayers. Communicate and activate various activities by using information technology for electronic computing

One of the basic and important guarantees established in the interest of the employee is the impartiality of the disciplinary authority, as the issuance of the disciplinary punishment by a neutral party is one of the most important legal guarantees in the field of discipline, and there is no exaggeration if we say that the legislator, when he specified in legal texts the most important duties and prohibitions that the employee must abide by in application of the principle of legality All of this may not come to fruition if the disciplinary authority is arbitrarily and, for certain reasons, violates these legal texts. One of the principles of justice is for the employee referred to the investigation to be assured of the impartiality of the competent authority, and the guarantee of impartiality is achieved by regulating the rules of jurisdiction in a way that prevents the combination between the authority of accusation and investigation, as well as the actions of the two response methods. Resignation to members of the disciplinary authority in the event of personal or functional considerations Or objectivity that surrounds them and makes the disciplinary decision questionable if we know that the Iraqi legislator did not provide for this guarantee, because of the adoption of the presidential system. Legal guarantees in the investigation and the second topic of formal and objective procedures in the impartiality of the disciplinary authority and the pursuit of the research a conclusion that includes the most important findings and suggestions that we reached.

This research deals with the applied criminal examples of the criminal contribution to the crime of smuggling prisoner, as this crime is carried out with the participation of each of the original perpetrator, instigator and supporter, and for these applied examples paint a clear criminal aspect of the legal (lawful ) element, the material and the moral element (criminal intent) of the crime.
So this crime occurs through the criminal agreement. Which consists of uniting the intention of its parties to commit the act constituting the agreed crime.
These crime examples are many and varied according to the forms of criminal participation in which the roles vary and their importance varies in terms of their ability to investigate the crime and this disparity; due to the fact that some of them are more important than others.
Likewise, in ancillary contribution, where the perpetrator of the crime of smuggling affects the minds of several people .
As well as in the subordinate participation, where the perpetrator of the crime of smuggling influences the minds of several people to commit this crime with the presence of the intention and intention of the ill-wisher to include those who incited them to commit this crime . According to what was mentioned above, the criminal contribution differs from one person to another. They are the ones who played a major role, and some of them were the secondary roles. On this basis, the criminal examples vary according to these roles and actions in the commission of this crime and the activity of those involved.

Signs of oversight by the French Council of State have appeared since the last half of the last century, when it tended to impose its control over the assessment of facts in the cases that were established in its jurisdiction, as is the case for a group of supreme judicial control decisions related to the safety and preservation of the state. To the field of job discipline, a field that was, until recently, resistant to judicial oversight, as it began to monitor the proportionality between the seriousness of the facts and the penalty imposed on the employee.
All this, in order to ensure respect for the rights and freedoms of individuals stipulated in the constitution and various legislations and to protect them from any abuse or abuse by the administration when using its powers.

Article 1 of the court’s statute stipulates that “the International Criminal Court shall be established, and the Court shall be a permanent body with the authority to exercise its jurisdiction over persons with regard to the most serious crimes of international concern.” Hence, the jurisdiction of the International Criminal Court is considered complementary to the national jurisdictions, which is a system An international judicial authority established by the will of the states acceding to it and its provisions shall not be applied retroactively, and its competence shall be future jurisdiction that complements the competence of the national judiciary and consecrates individual responsibility only.
The Statute of the International Criminal Court was keen to establish a balanced relationship between the Statute and the national systems, in order to facilitate the acceptance by the states participating in the conference of the thought of the International Criminal Court. So that it makes the balance of the relationship complementary between the national judicial systems and the statute of the court, as the states parties to the system have the right of jurisdiction first to consider international crimes, then the International Criminal Court comes in second place Therefore, the jurisdiction of this court takes place at a time when national courts are not able to hear international crimes or when they are unwilling to exercise this jurisdiction And the discussion of states ’obligation to cooperate with the International Criminal Court, the distinction between states parties and states not parties to the Rome Statute, as well as the idea of the integration of the International Criminal Court with national jurisdiction, and the consequent statement of the court’s location for non-party states, is the subject of this study

Public funds are extremely important and have a clear impact on the lives and prosperity of countries and peoples of the world. They also have a prominent and not insignificant role in the stability, strength and sovereignty of states. To achieve this requires the presence of an efficient administrative cadre who holds sensitive positions to preserve public money and the reputation and integrity of the public office, since the public office A national and social service mandate that targets the public interest and the service of citizens in light of the legal rules in force. Therefore, it was necessary to find ways to prevent the waste of public money and combat corruption, and this is what the Iraqi legislator has done through the oversight and auditing bodies to prevent corruption and graft such as the Integrity Commission and the Oversight Bureau. Finance and the role of the judiciary in combating corruption, as these bodies work to reach one goal, which is to reduce corruption crimes and the inflation of financial disclosure within the framework of the public office, as Iraq has been affected in all respects by the spread of the phenomenon of corruption and the inflation of funds for some persons entrusted with administrative and financial workers through illegal enrichment on Public money account, and the effects of this were clear in the level of services provided to individuals and in the process of work and development, which led the legislature to Expand his policy to confront financial and administrative corruption by enacting the First Amendment Law of the Integrity and Illicit Gain Law of 2019 by adding fundamental amendments to the law to include crimes committed by non-employees as well as the private sector and even foreigners.

Legalization processes have prepared special bills in many countries of the United States of America and Europe, some of them have obtained legislative approval. So, the efforts have been accompanied by successful attempts to maintain clarity and conceptual stability with the flexibility required to solve the growing problems of private international law, by observing the texts of conventions. International and modern jurisprudential trends, to reach a satisfactory solution of integration in solutions, because national rationing at the expense of international rationing may complicate the necessary coordination between them, and because national sources alone are undoubtedly insufficient to respond in covering the emerging needs in the field of private international relations.
The most prominent efforts in the way of codifying private international law internationally, showed in the European Union (EU) countries, through a number of agreements and in various topics of private international law, which recently began to be replaced by European regulations, through which the European Union witnessed a flexible and open private international law.

It is the subject of for the Local Content Requirement ,One of the updated and vital topics in the legal field , Due to the scarcity of specialized studies on it, So we tried to find a precise legal regulation for it, The condition is based on the idea that the foreign investor is bound by all that is local to the host country, Several countries have adopted a local content policy, In order to organize the work of foreign companies operating within its borders, It obligates it to meet the minimum purchase requirements for goods and services from local sources, In order to achieve the development of the local industry by enhancing its participation in the implementation of investment contracts and in hiring and promoting local labor.
The issue of the local content requirement raises a jurisprudential debate about the legality of its adoption, As the positions differed towards the condition between the ban and the application, Delving into the provisions of the WTO agreements leads us to legal outlets Legitimacy is granted to the inclusion of a local content requirement, Through the preferential treatment granted to developing countries and the exceptions mentioned in this regard, In addition, government procurement is excluded from the principle of national treatment, This gives them the right to favor their local content in government purchases, In addition, the field of oil, gas, petrochemical industries and manpower are all outside the scope of the WTO regulation, It serves as a fertile ground for imposing the local content requirement.

One of the forms of the agency's necessity is that the right of the agent is attached to it, or the right of others, which is the agency that is not removable in nature, as it produces its effect by not dismissing, whether it is agreed upon or not. Thus, the agency is transformed in this case from a permissible contract to a necessary contract, and therefore it is not permissible to dismiss the principal for his agent if the agency is in session in the interest of the latter, except with his consent, and as in the case, for the agent to have a debt owed to the principal, and he authorizes him to sell a certain notable of his money, in order to recover his debt from its price. It is not possible for the principal in this case to dismiss his agent due to suspending the right of the agent in the power of attorney, and the matter is equal in the case of the agency convening for the benefit of others. An example of this is the case where the debtor gives a power of attorney to a person to sell the mortgage to pay off the debt when the specified time comes to him, so the debtor (principal) does not have the right to dismiss his agent without the creditor’s consent, so that his right is attached to it.
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Where it is also called a trust contract because of the trust that this must be provided in the contract where it is mutual between the two parties and to protect the client from the unfairness of his agent or that he does not adhere to what he is supposed to be of trust, loyalty and safety, as the principal was granted in that right to dismiss the agent at any time until Not expressing the reason for this dismissal and permitting the agent to withdraw from the agency also and for the affected person to return from them to the other with compensation if he has a requirement, but the development of social, economic and legal life dictated the creation of an agency in which the principal may not dismiss the agent or restrict his agency to suspend the right of that agent or others to this agency except With the approval of the one who has the right to the agency, after that the agency was always decided in the interest of the principal, and this justifies his right to dismiss his agent at any time, it was decided for the benefit of others or the agent and the.

The Regulation of Commercial Agency’s Act No. (79) of 2017, have regulated the procedural aspects of agents’ activities which encompass the imposition of overseen over their actions with a view to maintain their integrity, fidelity and probity in the commercial environment, as well as protecting the rights of national dealers therewith.
In keeping with the aforementioned purposes, the legislation imposes an administrative overseen by the Companies Registrar on commercial agents in the stage of granting the administrative license for exercising agency services. A degree of ambiguity and legislative holes that have encapsulated the aforementioned legislation may result to difficulty in doing the best performance the administrative control, and then in achieving its goals.
This article is aimed at highlighting on the aspects of the legislation defects in the stage of awarding the license, and then Suggestions will be presented with a view to reform the legislation in this area

The importance of foreign investment in transfer 0f investment experience to developing business forms into the economy of the host countries for investment m, It also works on the influx of foreign capital into it . So the countries are making every effort to attract the foreign investors and provides to them the legal guarantees, such as legislative, judicial, and treaty guarantees .And also all the privileges that attract them and make them conclude investment contracts in it .and they are reassured and not afraid of being haunted by the specter fear of loss, that may be fall them as result of this contract

Due to the many requirements of comfortable living for individuals, many countries have come, especially those that suffer a severe shortage of buildings and real estate units, whether they are residential or professional in comparison with their population and the weakness of their capabilities to fulfill their obligations by opening the door to investment in the real estate sector to promote and develop the construction sector.
From this standpoint, we find that many countries have taken upon themselves to enact legislation adopting the legal system for such types of contracts in order to provide legal protection for the contracting parties involved in this field, and one of the most important forms of these systems is the contract of reservation of real estate units under construction, whose name differs according to the legislation that It was organized according to the French and Algerian legislation due to the peculiarity of their national community.
The contract to seize the real estate units under construction is considered one of the preliminary contracts of a special nature whereby the real estate investor is obligated to seize a real estate unit - whatever its purpose - in the name of the garnishee, and the latter only has to pay a specific amount whose value begins to a specific competent authority according to the laws organizing the contract, Then the real estate investor completes the construction of that real estate unit according to the specifications agreed upon in the contract, initially so that the ownership of the property subject of the contract is transferred according to the legally drawn procedures according to the final contract completely independent of our contract in question..