Journal of college of Law for Legal and Political Sciences

The principle of the parliamentary majority is a contemporary democratic mechanism for decision-making. It’s recognized by the Constitution of the Republic of Iraq of 2005, and according to it, the Iraqi Council of Representatives takes its decisions within the framework of its constitutional competencies. There are several forms of the majority in the decision-making process within the Iraqi Council of Representatives; Including the simple majority, the absolute majority, and the two-thirds majority, but some of the constitutional provisions related to the application of this majority were not formulated clearly and precisely, and the number required to form it was not specified. Rather, there are ambiguities in the formulation of some of them, especially with regard to the application of the absolute majority, and this led to the obstruction of decision-making within this Council. These ambiguities were not addressed in the legislative texts, nor in their interpretations, decisively by the Federal Supreme Court, as a court competent to interpret constitutional articles because it expressed different interpretations in this regard. From a practical standpoint, there are obstacles to implement the principle of a true parliamentary majority in Iraq, some of which are legal related to respecting constitutional borders and restrictions, and some of them are political and related to the nature of Iraqi society and its political system. In this context, we note that in the formation and work of public authorities, and in decision-making, the principle of political consensus between the national and religious components was sometimes preferred over the parliamentary majority, as this negatively affects the true meaning of this majority, and this led to the weakness of the work of the legislative institution and the confidence of citizens in the political processes.

Administrative contracts criteria are recognizably distinct from civil contracts. The administrative contracts have powers that do not exist in the private law, in addition to the distinguished position of the administration in the contractual association, where it transcends the contractor. The arbitration has become one of significant pillars for settling disputes arising from administrative contracts, especially in the international administrative contracts .Thus, arbitration is the best solution for settling disputes arising from these contracts, and then the arbitral tribunal replaces the judiciary in settling disputes arising from it and may thus lead to a change in the legal system governing the contract by choosing another applicable law.Since the arbitral tribunal
may not recognize these privileges and powers to the administration and equalize between the administration center and its contractor, it affects the exceptional nature of the administrative contract in a way or another, which prompted administrative jurisprudence to propose solutions to preserve the administrative contract with its own characteristics when presenting its disputes to arbitration.In this research, we shed light on the exceptional nature of administrative contracts, and the impact of arbitration on that nature, and the proposed solutions to preserve the administrative contract with its own characteristics when resorting to arbitration to settle its disputes through two chapters: in the first chapter, we discussed the concept of arbitration and, while in the second chapter, we explained the exceptional nature of administrative contracts and the extent to which the exceptional nature of administrative contracts was affected by arbitration

Companies specializing in the field of credit are companies that specialize in the field of clients and request financing to determine the creditworthiness and financial position that the client enjoys and the speed with which he can repay his debts. It has stipulated the establishment of this type of company and its unity and conditions, but the Iraqi legislator has yet to come. To establish this type of company, but only stipulates insurance, and this task is determined by restricting the Central Bank and specifying the parties that must request credit information, and the commitment of both the customer and the competent authority to inquire, in the instructions for exchanging credit information issued by the Central Bank of Iraq. However, these instructions did not provide adequate legal protection for both parties to the inquiry agreement, so the presence of private companies undertaking this task and subject to the supervision of the Central Bank will achieve the desired goals and thus lead to achieving financial stability for the banking sector.Companies specializing in the field of credit are companies that specialize in the field of clients and request financing to determine the creditworthiness and financial position that the client enjoys and the speed with which he can repay his debts. It has stipulated the establishment of this type of company and its unity and conditions, but the Iraqi legislator has yet to come. To establish this type of company, but only stipulates insurance, and this task is determined by restricting the Central Bank and specifying the parties that must request credit information, and the commitment of both the customer and the competent authority to inquire, in the instructions for exchanging credit information issued by the Central Bank of Iraq. However, these instructions did not provide adequate legal protection for both parties to the inquiry agreement, so the presence of private companies undertaking this task and subject to the supervision of the Central Bank will achieve the desired goals and thus lead to achieving financial stability for the banking sector.

يعد النشاط البدني وممارسة الرياضة من الانشطة المهمة التي رافقت البشرية منذ نشأتها، ونال اهتمام المجتمعات في مختلف العصور واصبحت بمرور الزمن من قبيل حقوق الانسان المهمة التي لا تقل اهمية عن الحقوق الاخرى كالسياسية والمدنية والاجتماعية والاقتصادية والثقافية، وتناولت بعض المواثيق الدولية وخاصة المعنية بالحقوق كالميثاق الدولي للتربية البدنية والنشاط البدني والرياضة لسنة 1978 الذي اعتمده منظمة الأمم المتحدة للتربية والعلوم والثقافة (اليونسكو)، و قرار مجلس حقوق الأنسان التابع للأمم المتحدة لسنة 2015 بخصوص الحق في الرياضة وما يتعلق بها، ولعبت منظمة الامم المتحدة والوكالات الدولية المتخصصة دورا واضحا في احقاق هذا الحق.
اما على الصعيد الوطني فقد تفاوتت دساتير معظم الدول في تناول الحق في ممارسة الرياضة ما بين الذكر الصريح له او الاكتفاء بالإشارة الضمنية، وان دستور جمهورية العراق لسنة 2005 النافذ – الذي يعد من الدساتير الحديثة – قد كفل حق ممارسة الرياضة باعتباره حقاً من حقوق الانسان واوجب على سلطات الدولة توفير حماية لهذا الحق من خلال الوسائل القانونية والقضائية والتنظيمية التي تحمي هذا الحق بالاستناد على الدستور، باعتباره يقع في قمة الهرم القانوني للدولة، واستكمالا لهذا الحق الدستوري هنالك تشريعات وانظمة مكملة تنظم هذا الحق اضافة الى وجود اطر تنظيمية تتولى ذلك من خلال اجهزة اداريـة تنفيذية معنيـة بذلك، واخيـراً هنالك ضمانات قضائيـة تتبناها القضاءين الدستوري ( المحكمة الاتحادية العليا ) والقضاء العادي ( القضاء الرياضي) لضمان هذا الحق.

Medical sciences in the current era are moving at a rapid pace towards progress that is barely tracked by minds, a progress that branches out in different directions that seeks the well-being of humanity, respect for the human soul, and providing the best means of living for its individuals. Every day, medical science witnesses remarkable progress in an attempt to overcome diseases that affect the human psyche.It has become necessary to surround these scientific developments with legislative guarantees in order to ensure respect for the human personality and care for it to the greatest extent possible in all circumstances. There is no doubt that modern medical sciences provide distinguished services, so medicine has become more effective and more ambitious than it was before, and at the same time more It is as dangerous as any scientific progress, and countries seek to protect and promote the health of their citizens by issuing legislative texts that regulate the medical profession, in light of the continuous increase in various medical risks.The work of the doctor has become closely linked to the human body and life. We see this when we see the development taking place in the field of medical sciences, as well as the increased possibility of error occurring. No ordinary human being is immune from it, and the doctor is one of these human beings, and with the expansion and development of medical sciences according to the requirements of necessity to treat diseases and the human being’s requirements for anything other than treatment. We notice the multiplicity and development of the tools and methods used by the doctor or whoever helps him (the medical team) in discovering the treatment. There is no doubt that the abundance of methods leads to an increase in the risk to which the patient is exposed, and this expansion, development and complexity requires keeping up with the law in organizing it and developing the necessary treatments and solutions. It is necessary to precisely determine the doctor’s responsibility. Accordingly, the medical profession requires distinguished performance that advances its scientific progress. Therefore, there are technical principles that must be taken into account in practicing this profession. Practicing it imposes on its owner a degree of care and diligence, and a high degree of vigilance and experience, which places the responsibility on their shoulders. It is significant and serious, and this is what makes the patient look at the doctor with confidence and honesty in exercising care through his work

Diplomacy is one of the tools that have been developed and codified most of its dealings, methods and methods over several centuries, and in the world of transformations that the world is witnessing today, a trend has developed calling for the adoption of a multi-track approach in diplomatic work, and thus multi-track diplomacy represented a qualitative leap in the management of international relations, because it was adopted On non-traditional paths in achieving and maintaining international peace and security, it kept the traditional governmental path and promised it the first path, and at the same time created new paths no less important than the governmental path, for example, the path of non-governmental organizations, the path of business, and the path of active citizens, The path of research and development centers, the path of debt, the path of financing, the path of public opinion, communications and the media, etc., are within an integrated approach that responds to the development and complexity of international relations in light of mutual international dependence, and thus the state is no longer the only actor instead of non-state actors Countries

In order to perform its job, management adopts two methods: They are the method of public facilities and the method of administrative control. It is obvious that the performance of these two methods requires the administration to carry out many administrative operations that involve a group of material and legal actions. The material means are represented by the group of funds that the administration owns and relies on in its work, which in turn is divided into two categories. They are public funds and private funds. As for the legal means, they are represented in the group of actions undertaken by the administration, which result in effects related to legal situations and positions, whether by creation, amendment, or even cancellation, in addition to the arrangement of rights and obligations. These means, in turn, are divided into two distinct categories: They are the legal actions that are issued by one side, which are known as administrative decisions, and the legal actions that are issued by two or more parties, which are known as administrative contracts. Administrative decisions are considered one of the most important and prominent means of administration through which it carries out the administrative function, and one of the most dangerous manifestations of the powers and legal privileges that the administration enjoys, by which it favors the interests of individuals, based on the fact that it works in the name of the group and aims behind it the lofty goal of achieving the public good.
This feature of administrative decisions, and because of the importance they enjoy, made it necessary for them to be a fertile field for the judiciary’s oversight of the work of administration. It was and still is an important focus for the majority of disputes and issues that were presented to the administrative judiciary, and many problems of administrative law arose around it, which resulted in the administrative judiciary inventing many theories. And the principles in this regard, including the theory that I chose to explain its nature in this research. There is no doubt that we say that administrative work in many cases, or even in most cases, is a complex work, which always raises difficulties in analyzing it and determining its components and components that it includes, and that sometimes it is impossible to distinguish or separate its components, despite the increasing importance of this identification and distinction. Separation from a practical standpoint, especially knowing the possibility of confronting one of these elements or components by challenging it separately and separating it from the entire complex process. Hence the importance of identifying the nature of separable administrative decisions emerged.

Electronic documents, in what they mean by being documents and documents that are created, stored, sent, or received, in whole or in part, by any electronic means, have a very great importance at the present time in conducting electronic transactions, whether they are contracts, medical records, checks, transfers, or other transactions that are conducted electronically, this is due to the developments that have occurred in the field of informatics and means of communication, which raises many questions and problems about the legal position on them, their strength, the forms of signing them, and their authority in proof, in order to reach the most important goal of enhancing confidence in these documents, their validity, and their safety in transactions, in order to guarantee the rights and interests of their parties

This research focuses on studying the problem of the regional dispute in the South China Sea, as this region is considered one of the most important areas of conflict at the present time due to the importance that this South China Sea enjoys in the East Asian region. It has been known for regional maritime disputes between neighboring countries over sovereignty over its islands and flats. The waters in which each party, for several considerations, considers its right to it, and disputes are still ongoing over the Spratly and Paracel Islands. Therefore, this study attempts to explain and clarify the strategic importance and origin of the dispute in the South China Seaappointed

تقوم هيئات التحكيم البحرية بدور مهم في حسم المنازعات البحرية، اذ يتم اللجوء الى التحكيم البحري لحل تلك المنازعات لما يتميز به من سرعة في حسم النزاع، وكذلك قلة الجهد والتكاليف، ووجود محكمين متخصصين في المجال البحري يمتلكون الخبرة الكافية لحسم تلك المنازعات، ولان العلاقات البحرية غالباً ما تتسم بالطبيعة الدولية لأنها تتعلق بمصالح التجارة الدولة، واطرافها عادة لا ينتمون الى جنسية واحدة، ولا يقيمون في دولة واحدة، فان المشكلة التي تواجه المحكمين هنا هو تحديد القانون الواجب التطبيق على تلك المنازعات البحرية، والمبدأ السائد في المجال العقدي للعلاقات البحرية الدولية، هو تحديد القانون الواجب التطبيق من قبل الاطراف، وفي غياب هذا التحديد تتولى هيئة التحكيم تحديد ذلك القانون، مع الاخذ بنظر الاعتبار اعراف التجارة الدولية.

Endangering the human and national principles of the state and its unity and territorial integrity is no longer confined to the usual traditional form, And the concepts that prevail the social formation in one state and by harnessing its individuals and bodies to establish illegal links with the enemy, to achieve its desired purpose, which is known in the modern concept as the strategy of normalization that aims to bring the views between countries and the hostile Zionist entity closer and make them normal, and the Iraqi legislator has alerted to the danger involved in this Acts and their threat to the laws and regulations that secure the legal protection of the social, political and economic life of the state, and dealt with criminalization in the Iraqi Penal Code in force No. (111) of 1969 under the name of the crime of favoritism and promotion of Zionist or Masonic principles, and a special legislation more stringent than its predecessor is the law criminalizing normalization with the Zionist entity No. (1) for the year 2022.

The basic principle in commercial advertisements is that they should be clear and transparent in order to gain the quality of credibility. This happens when the advertisement includes information about the product that is explicit and clear and indicates directly the product because the public has a lack of confidence in advertisements and therefore one of the most important factors for promotion and increasing sales is credibility in dealing, and just as advertising must It must be in accordance with the law and not in violation of public morals and the customs and traditions of society, and not to destroy the social fabric, but rather to elevate it for the better. In the event of falsification and deception of the public, there must be an authority that punishes the counterfeiter and the deceiver with the most severe penalties so that it does not happen again

In this research, we discussed the rights of Iraqi working women in non-governmental sectors within the framework of the Iraqi Constitution of 2005, and we showed the extent of the content of this protection and its constitutional contents of rights that enhance women’s right to work, and then the Constitution affirmed these rights through many constitutional guarantees in addition to legal guarantees. Within the framework of the new Iraqi Labor Law of 2015, based on the principle of equality before the law for all Iraqi citizens and the principle of equal opportunities, as these two principles guarantee the right of women to work equally with working Iraqi men, whether in terms of wages, social security, and social justice for women, taking into account their social status. This is in view of the fact that women have a special physical and social status as a mother and head of a family. It is her duty to raise her family properly, so the law gave her the necessary guarantees for that, after the Constitution approved this right for her, as the social factors that pushed women to work have become many and not limited to... The need, want and deprivation that Iraqi women suffer from, and this research has confirmed through studies that women, despite their constitutional rights and their guarantee, women’s work has many effects, whether positive or negative, in view of their social empowerment and their contribution to the development of society with men from On the one hand, she suffers from discrimination in wages, exposure to harassment, and her inability to balance her work at home and outside the home, which prompted us to recommend that the Iraqi legislator establish an effective implementation mechanism for the provisions of the Constitution regarding women’s rights and protection, and spread awareness among members of Iraqi society about women’s rights and their importance

The research boils down to the necessity of protecting third parties dealing with companies, and this appears clearly in multinational companies, as these companies often have headquarters outside the country, and from this headquarters emerge small companies that are the full management of the headquarters company, while the fledgling companies do not have full powers that deal with With others in good faith, Therefore, the researcher was keen to define this protection and add it with more explanation and clarification, explaining the mechanism of contracting for the benefit of others, the extent of the permissibility of contracting and stipulating for the benefit of others and compensating for damage, the possibility of seizing debts from others, to protect the creditor in good faith, and the mechanism of the creditor agent contracting with others and the right to benefit and lien from The remaining creditors, the system of referral to others, clearing and compensating others for the damage they have suffered, the responsibility of the new company towards others, and determining the responsibility of the parent company based on the idea of tort liability

Health insurance in itself is an important means of achieving comprehensive health care, which is represented by citizens’ access to good health services at any time and place without bearing financial burdens greater than their capabilities. To this day.Health insurance is an important means of achieving comprehensive health coverage, which means that citizens receive good health services at any time and place, without bearing financial burdens that exceed their capabilities, through the role of the administration in correctly implementing the new health insurance law and developing realistic practical plans for their optimal implementation. . Health Insurance Law No. (22) of 2020 aims to realize the citizen’s right to obtain health care, reduce the financial burdens he bears when visiting health institutions to obtain services, and reduce the rate of poverty in society. Participation in health insurance is mandatory and optional, as the Iraqi legislator has made it mandatory for some groups, such as employees. All, optionally

The procedures, instructions, and laws that the Central Bank insists on implementing with the utmost precision, although they are mainly to protect the rights of depositors and shareholders, are in the interest of the bank in the end, as they seek to improve the performance of commercial banks and immunize them against making serious mistakes, so we find the law has Granting the guardian of the commercial bank wide and exceptional powers in order to present a comprehensive plan for the advancement of the bank to which he was appointed. Certainly, this plan must be based on a comprehensive financial and administrative analysis of the bank’s conditions and the strengths and weaknesses of the bank. Among those powers is control over the bank, and the law allows him to The implementation of this is the use of law enforcement forces, in addition to suspending the guardian of the authority of the shareholders, which is the highest authority in the bank. Rather, the law went to more than that by giving powers to the trustee to cancel the contracts concluded by the previous management of the bank if there was unfairness or abuse on the bank. And dealt with the subject of the research through one request entitled Powers of the guardian over the bank divided into two branches and concluded with a number of conclusions and proposals, including that the appointment of the guardian is a temporary administration of a special kind because the guardian has exceptional powers granted to him by the Central Bank, whether towards the bank itself Or towards other parties dealing with the bank, imposed on the bank instead of the existing administration, in order to avoid the problems that the bank had encountered that affect the course of its banking operations. We suggest that there be standards or functional requirements for the guardian’s job, such as the number of years of service, academic qualification, or passing training courses. Rather, it is based on the employee’s professional history in field and office work, such as auditing and others

The role of the criminal judge in mitigating judicial circumstances is to assess the appropriateness and fairness in the application of the criminal penalty, by considering the factors and circumstances that exist in each case individually, with the aim of reducing the severity of the punishment imposed on the accused, and this may be done based on several factors that are taken into account By the judge, perhaps the most prominent of which is the nature of the crime, the personal circumstances of the accused, cooperation with the judicial authorities, as well as what may accompany the commission of the crime of the intentions and circumstances that led to the commission of the crime, such as psychological pressures or force majeure, when assessing the penalty

The possessory mortgage is one of the forms of real security approved by the law, which constitutes an important guarantee for the creditor in order to fulfill his right to the mortgaged money. Receipt is considered an element in which the mortgage is not complete and is not necessary unless it is complete. Despite the strong guarantee of this feature, it deprives the debtor of benefiting from what He owns it himself, which weakens the credit value of this money, and takes possession of it from the hands of its owner and into the hands of the mortgagee, who may not exercise the required care in preserving it and exploiting it properly, and at the same time, he holds the mortgagee responsible and burdens the management of that money. For these reasons, some legislation recognized the mortgage of movable property free of possession and regulated its provisions separately from the security and possession mortgages. These provisions require study and analysis of the legal texts prescribed for this matter, with a view to diagnosing the defect or deficiency in them to come up with an accurate organization compatible with the subject's importance and modernity