Journal of Misan Comparative Legal Studies

The transformation that the world has witnessed in all its social, economic and political implications requires speed and accuracy in performance. In addition, it is necessary to simplify administrative procedures. This matter was the main factor that prompted countries to adopt the electronic management project due to its large and effective role in administrative anticorruption. This study deals the concept of electronic management and its objectives, in addition to the requirements for the application of electronic management and the mechanism it has adopted in dealing with the phenomenon of administrative idleness

Despite the wide powers that the administrative judge enjoys in searching for and evaluating evidence, it is not an absolute matter, as his procedural role is subject to a set of restrictions or controls that regulate him like that of an ordinary judge and in proportion to his judicial job. His procedures in the case cannot be accepted unless a number of conditions are met, which are conditions for the validity of his procedural role. However extensive the role of the administrative judge is and his freedom to prove and investigate the case, he remains resstricted by the nature of his judicial function, which obliges him to account the general principles associated with the principles of litigation in terms of his commitment to the principle of confrontation, and taking into account the appropriateness of the means of proof for the nature of the administrative dispute, as well as his obligation to prepare the case in full preparation, and in the sense that establishing evidence is the concern of the litigants in the lawsuit, so he should take into account their right to prove and discuss the evidence presented in the lawsuit.
As giving freedom the administrative judge’s authority without restrictions governing it and controls regulating it may infringe the basic rights and freedoms of litigants, and lead to the administrative judge’s authority being an absolute arbitrary authority. These restrictions would ensure that the judge does not abuse his authority, in order to reach a judge that touches the real truth and achieves the desired justice

After the development in all aspects of life, especially in the fields of work, it is necessary to activate alternative methods of the judiciary that ease the burden of increasing claims in the courts and give an opportunity to litigants to resort to alternative means. Thus, the Iraqi Labor Law No. (37) of 2015 stipulates the development of amicable means to resolve labor disputes as an alternative to the judiciary, and arbitration is one of these effective means in resolving employment contract disputes because of the privileges it provides in the procedures for resolving these disputes, which have advantages that reduce the burden of the weak party to the dispute (the worker), in terms of issuing and implementing the arbitration decision with less effort and costs compared to judicial procedures that require costs, effort and a long time. Further, Arbitration also has other advantages in maintaining friendly relations between the parties to the dispute

The constitution is the supreme law that includes the basic rules that determine the form of the state and its system of government, as well as regulating the public authorities in terms of evolution, jurisdiction and relations between them, and sets guarantees for each of them towards the other. At the same time, it includes many non-political principles related to the basic rights and personal freedoms of individuals and groups, as well as the form of the economic and social systems of the state. They are of the type of principles to which the principles and rules of good governance directly and indirectly belong, which in turn is considered a modern trend adopted by certain countries in their constitutional formulations.
Good governance is based on the integration of the work of the state with all its institutions, private sector companies, and civil society institutions, in order to achieve decent life, personal freedom, human dignity and social justice. This type of system is needed by countries that suffer from imbalances in the management and supervision of governance affairs, especially the countries of the Middle East

The defense of unconstitutionality is a way to protect the principle of the supremacy of the constitution and achieve the public interest. In this study, we will address the defense of the unconstitutionality of systems in light of the Jordanian Constitutional Court Law No. 15 of 2012 and compare it with the defense of the illegality of systems in light of the Jordanian Administrative Judiciary Law No. 27 of 2014 to explore the problems included in both laws and to know which defense achieves better results in the public interest, because the plea for the unconstitutionality of administrative systems is an indirect appeal, but it is raised on the occasion of a dispute or an existing case. While the plea for unconstitutionality is raised at any stage of the case, whether at the stage of appeal or discrimination, the plea for illegality, it must be submitted during the appeal period stipulated in the Jordanian Administrative Judiciary Law

The bank liquidation process includes several operations whose aim is to collect the bank’s money in order to settle the bank’s debts and determine the net, if any, to divide it among the shareholders. If the bank reaches the stage of expiry for any of the reasons for the termination, it must first take procedures aimed at ending the bank’s work, paying what it owes and collecting what it has, and this is what is termed as banking liquidation. There must be a person who supervises the bank liquidation process and is responsible for it in the face of partners, shareholders and others, and he is called the liquidator. Therefore, the liquidator is the person or group of persons who manage the bank from the time that the bank expires until the date of distribution of the net liquidation.
In fact, the powers of the liquidator have their own nature, because they are determined in view of their purpose, and not in consideration of the nature of the actions, as the liquidator has the right to conclude all the actions necessary to complete the liquidation procedures. If the liquidator has powers and authorities, then in return he has duties that he must perform such as paying the bank’s debts, declaring the liquidation approval, and keeping books for recording the liquidation work.
In order to carry out the banking liquidation process, it has been necessary to clarify its definition and identify the most important types, as it is of two types, either voluntary bank liquidation, or compulsory bank liquidation, as well as it is necessary to address the most important banking liquidation procedures and then identify the most important provisions related to banking liquidation, in terms of determining its causes and implications and finally determining the civil liability of the liquidator

Knowledge has become a right for every human being, coinciding with the information and communication technology revolution, which facilitated access to a lot of information, due to the Internet, which is considered the most prominent human-made thing in the mid-twentieth century of the inventions of the computer, which brought down spatial and time barriers between the different countries of the world. It has become an indispensable necessity at the level of countries and their administration, various companies, banks, hospitals, universities, educational institutions and even individuals, each with its own address that can be accessed through the Internet which has linked the countries of the world, until the world became with its different continents like a small village. The right to know imposed itself by technological means and that this right contradicts another right, which is the right to confidentiality of personal data, which is an exception to that right to protect the interest that protects it, which is the right to privacy. With this development in the world of information through the Internet, various types of violations have arisen that would not have existed without the emergence of this network, including the attack on personal data

Political money is the main basis for activating the electoral process in Iraq recently. so the integrity of the elections and ensuring the principle of equal opportunities between candidates require the existence of legislation regulating the process of using money in elections, starting from the sources of obtaining it, passing through the mechanisms and controls of its spending, leading to imposing deterrent penalties for violating the provisions of financing and spending related to it.
In light of the reformation that Iraq has been witnessing since late 2019 represented by the issuance of the new Parliament Elections Law No. 9 of 2020, the electoral campaigns system No. 5 for the same year, and the many calls and promises that the upcoming elections will witness a radical difference from the previous ones in all aspects, including financial aspects, we have raised the need to study the legal organization of electoral spending in Iraq by highlighting the basic legal principles regulating the use of money in elections under the new election law and its regulations issued in a way compared to the Lebanese and Algerian laws, by dividing this paper into two sections. In the first, we deal with the concept of electoral spending by dividing it into two demands; the first clarifies the definition of electoral spending, while the second sheds light on the chapters of electoral spending. The second section is devoted to researching the legal organization for financing electoral spending and through two demands as well. In the first, we explain the sources of financing electoral spending and the controls of its spending, and in the second we explain the control over electoral spending and the penalty for violating it

There is a general constitutional rule in the Iraqi and Jordanian laws, which is the general rights and freedoms of individuals, but this rule has a special exception. This exception imposes a restriction on the rights and freedoms of individuals in movement and travel, etc... This restriction which is a preventive procedure imposed by the public administration is called (quarantine), in order to limit the spread of epidemics and viruses, to protect the general community and public health, and to give priority to the interest of society over the interest of individuals. The administration resorts to this exception in emergency circumstances and a force majeure occurring in the country, which is difficult to confront in the usual ways. As mentioned by the legal rule (necessities allow prohibitions), and therefore the application of this preventive procedure in light of these exceptional emergency circumstances, must be regulated by the administration accurately and tightly, so as not to excessively prejudice the rights and freedoms of individuals

Recently, most of the penal laws in contemporary countries were not satisfied with setting penalties for crimes, but they added to them other treatmental procedures represented by precautionary measures as helpful methods to discipline the person who committed the crime on the one hand, and immunizing society from crime on the other hand. Since, these procedures are taken against the convicted person by criminal sentence, they affect by the time that takes between the commission of the criminal act and the issuing of the penal judgment. Thus, the principle of urgency must be observed to decide the trial session, so that the results of taking precautionary measures are positive that meet the purpose behind taking them

The issue of the environment is one of the important topics that have been given the utmost importance by those interested in this matter, led by researchers in the field of environment or the field of international environmental law or international humanitarian law. The reason for its emergence and global warming was the lack of interest in the existence of factories and their abundance and non-compliance with environmental safety instructions or adherence to existing environmental laws. The temperature of the earth, which in turn generated an imbalance in most of the earth, whether in the air or on the land (land) or in the marine environment, which also began to suffer from the aforementioned global warming phenomenon, but we say that international organizations, especially the United Nations, did not leave the matter, but rather contributed to Holding conferences and symposia on limiting this phenomenon and finding the necessary laws for that. We will also discuss it in the subject of our research below

The issue of the role of organizations in protecting the environment is one of the important and relatively recent topics in international law, as the risks surrounding the environment and the accompanying threat to human life and nature were not of the international community’s concerns until late, since recently we could not imagine the possibility of a legal regulation International protection for the various environmental environments, and organizations have a role in protecting them, and more precisely, protecting air, water, soil, oceans, seas, animals, and even the climate primarily, and it was often considered to be the core of the regional and national jurisdiction of each country and concerned it in particular and not concerned if it was outside the scope of its jurisdiction in accordance with international rules
Therefore, it has always been under a limited and not comprehensive vision based on the environment in general, in addition to the natural disasters that the seas, oceans and rivers have been subjected to as a penalty for chemical waste and waste from factories and mines, and for accidents of ships and oil tankers or exploration operations on the high seas, and the soil was not spared from polluted waste with radioactive materials, which negatively affected human, animal and plant life, and at a time when the air was not immune to causing Damage caused by humans as a result of nuclear explosions, factory fumes and indiscriminate burning of waste

Political parties are one of the requirements of the democratic system and the parliamentary system is one of its pillars. For this reason, the legislator organizes its work and decides on the appropriate penalty loan as a result of violating the legal texts and rules by the political parties or by their representatives or members. Public or private funding. If the political parties violate the funding rules contained in the Political Parties Law, then this is a crime that requires imposing punishment on the person criminally responsible for it, whether it is a representative of the political party or whoever works in it, as well as punishing the political party with the penalty that is commensurate with the nature of its legal personality