AL- Mouhaqiq Al-Hilly Journal for legal and political science

The strength or weakness of any banking system in a country reflects the strength or weakness of that country economy, given that banks have become the basis on which their work results in the strength and activity of capital circulation in it. Therefore most banking legislation has been directly concerned through what it has granted the powers and authorities of the central banks, in directing and following up on those banks and monitoring the extent to which they achieve the interest of those dealing with them and in a way that achieves the interest of the country in general by generating confidence in them in the importance of those banks and the strength of their banking activity. Therefore, the issue of this follow – up and control is part of the stage of establishing the bank and granting it a license to practice these activities. Passing through the stage of its implementation of the haws and instructions that create that balance between it and its customers, and until the stage of its reaching the stage of faltering and financial deficit that may lead to its bankruptcy, the Iraqi legislator has specified persons who have been empowered to organize and deal with each case individually, including the case of declaring the banks bankruptcy, the management and organization of which was entrusted to person. He called him the receiver, which we will explain his legal status.

Compensation aims to repair the damage caused to the injured person, which is known as the principle of full compensation, which adheres to strict parity between the damage caused and the compensation allocated to compensate for it. This principle is based on a number of provisions of the Civil Code, the most evident of which are what is stated in Articles (169 and 207), which stipulate that the “compensations owed” to the creditor include, in general, the elements of subsequent loss and lost gain if the damage is material, and obtaining financial satisfaction granted to the injured party. Or to his family for reparation if the damage was moral in accordance with Article (205) Civil. All these amounts granted to compensate for damage, both material and moral, are called corrective compensation to distinguish it from punitive compensation, which is imposed as a penalty for intentional mistakes that generate profit for the perpetrator, with the aim of deterring the perpetrator and stripping him of what he gained from his profitable mistake. This second function, which has a deterrent dimension, is foreign to Iraqi law, as it adopts an approach in which the function of compensation is limited to reparation for damage and nothing else. In this research, we discussed the applications that some jurists have attributed to punitive compensation to determine how close they actually are to it. We found that most of them belong to a legal system that is intellectually and philosophically different from the one in which the idea of punitive compensation arose.

The principle in a lease contract is that the two contracting parties determine the rent, but the legislator may sometimes intervene in the field of determining the rent. The purpose of the legislator’s intervention is to restore balance and stability to the rental relationship if it is marred by some violation, as is the case when lessors exploit the weak class represented by tenants through... Imposing high rental fees makes the tenant unable to stand against the landlord at a time when the former is in need of housing to shelter him and his family. In some cases, there may be agreement on a specific rent in the lease contract, and this contract continues to be valid for a long period of time, so the rent that was reasonable and appropriate at the time of concluding the contract becomes trivial or cheap when it is fulfilled on subsequent dates, which leads to an imbalance between the obligations of the contracting parties due to a disturbance. The price of money or due to the occurrence of waves of economic inflation that lead to a change in the value of the currency in circulation, so the amount of rent due is insignificant in value when compared with the rent that was agreed upon.

The research discusses "BRICS", which was proposed by a group of countries as a response to Western American unilateral hegemony after the end of the Cold War, from where it is based. Explaining this nature represents the main problem of the research, by stating whether BRICS is an optional organization or an alliance that wants to penetrate the former Warsaw Pact and the Pact. NATO currently, or just a bloc? This was done by dividing the study into two sections and a number of demands, which dealt with the origins of BRICS, its parties, its legal system and objectives, and then its legal nature. The researcher concluded that BRICS is an economic bloc with political and strategic horizons, and not an international organization and military alliance. In light of this result, a number of Among the recommendations, including inviting Iraq and the Arab countries in general to enter BRICS and adopting the Arabic language as a main language among the BRICS languages.

There are many reasons for political instability, and hate speech directed by politicians and non-politicians and extremism of all kinds are considered a direct cause of this instability, as they are considered two essential components for creating chaos and fueling societal unrest, thus having a negative impact on the state’s political path and stability, as this results in the emergence of heresies, nonsense, and murder, which It results in a disruption of the values, ideas, and constants of society, and this is evident in the hate speeches inciting racial and sectarian groups in Iraq, as well as in the extremist ideas that allowed their proponents to grow at the expense of society’s freedom and its cultural and religious diversity, which resulted in acts of killing and displacement of many members of Iraqi society, and thus their impact on The instability of the state, and for Iraq to rise and advance, it must apply the constitution and the law to combat these two concepts and the necessity of striving to educate the Iraqi people to stay away from hate speech and extremism and reject differences and the necessity of cooperation among the people of one people to build a unified, politically stable Iraqi state.

This study aimed to reveal the types of Iraqi electoral systems and their impact on selecting members of the Iraqi Parliament after 2003. The study concluded that the Iraqi regime used the proportional representation system from 2003 until 2020, which was in favor of large political parties with sectarian backgrounds, without giving real opportunities to minorities and individual candidates. As for the second system, it is the multi-district system, which made each of Iraq’s governorates Several sub-electoral districts, in contrast to the previous system, which considered each governorate to be one electoral district. The multi-district system is based on giving one vote to each voter, cast for one candidate, and parliamentary seats are given to the candidates who obtained the largest number of votes in each. existing.

The distribution of the administrative function between the central government and elected and independent local bodies (by virtue of a law governing them) that exercise the powers assigned to them under the supervision of the central government appeared as a legal regulatory reality a relatively long time ago, and this indicates that local administrative thought still suffers from confusion and a lack of understanding of the meaning of Local practices and the powers assigned to them, and this is what the research found through the field study. How to understand the methods used in systems, implementation and follow-up of local management and organization tools is one of the most important problems that city administration in Iraq suffers from, especially at this stage due to the presence of a number of modern and old systems and concepts that They conflict among themselves to ensure optimal management intervention.