Journal of college of Law for Legal and Political Sciences

There is no doubt that there are fundamental and close links between the principle of the rule of law and the principle of legal security. The goal of achieving legal security is manifested in safeguarding the legal positions in the state, whether for rulers or the ruled, and ensuring their stability so that they can organize their legal and material affairs with a sense of consistency and stability. This creates a kind of trust in the legislative, executive, and even judicial institutions through their application of legal rules, reducing unexpected judicial judgments and achieving what is known as judicial security. Therefore, achieving legal security necessitates the existence of a sound and stable constitutional, legal, and political environment immune to sudden changes, ensuring equality before the law, meaning that everyone is subject to the rule of law as a general principle applied to all authorities in the country, including the legislative authority, which issues various legislations. The legislative authority, as one of the elements of the principle of the rule of law, contributes to its implementation by considering the principle of legal security when legislating legal rules

Many regions in the world are of strategic importance since the beginning of creation, and there are regions that gain strategic importance according to international circumstances and events, and one of the most important regions of sustainable strategic importance is the Bab al-Mandab region in Yemen. This region overlooking the Arabian Sea, the Horn of Africa, and the Red Sea, and overlooking the Arabian Gulf region, has importance. It has been, is, and will remain large since the oldest civilizations. It has been, is, and will remain coveted by international and regional powers, and most countries seeking greatness seek to control it. Therefore, it has become one of the most important areas of international and regional conflict. As a result of this importance, the regional countries in the Middle East have tried to have a place in this vital region. Accounting for the security, peace and stability of Yemen, Therefore, this issue is considered one of the complex topics due to the multiplicity of competing parties in this conflict. There are internal and external parties, regional parties (Saudi Arabia, Iran, Turkey, the Emirates, (Israel)) and international parties (America, China, Russia), and these parties with different goals. The conflict cast its shadow over the entire Middle East region, resulting in a war that has been going on for nearly ten years, affecting economically, politically, and socially on security and peace in the region

The presence of constitutional courts in countries is of great importance in order to protect the Constitution, the rights, freedoms and other jurisdictions entrusted to them and in accordance with their own laws in different countries, and Iraq was one of the leading countries in the region in this regard.
After 2003 and in the form of the Federal State, the formation of a constitutional court in the name of the Federal Supreme Court was established and established under Legislative Order No. 30 of 2005 and the Court continues to function judicially to this day, the Federal Supreme Court has been in operation since 2005, but there are many observations and criticisms directed at the issue of membership without passing its law by a two-thirds majority of the Iraqi House of Representatives, which was stipulated in the Constitution of the Republic of Iraq for 2005

One of the most important problems in building an Iraqi national identity is the unnatural emergence of the state. This emerging state suffered from a deep structural problem embodied in the fact that it was a distorted product of the pattern of British hegemony, and a response to the field of cultural, social, and political perceptions dominant in Iraqi society. After more than eight decades, this state collapsed as a result of external intervention at the hands of the United States of America and its allies, so that the difference between the establishment of the state and its rebuilding is that this was done at the hands of the British occupation, and this is now taking place at the hands of the American occupation and amid the ruling elite’s faltering and confusion in leadership. The country was taken to safety, which led to the explosion of traditional loyalties and the emergence of sub-identities, which negatively affected the project of building an Iraqi national identity.
Identity diversity is often described as part of the cultural, linguistic and demographic heritage of modern societies, provided that it does not deviate from its essential context and remains within the orbit of a single national identity, because the cohesion of every human society depends on its members’ understanding of its common values and rules. But if this diversity responds to the stimuli of fragmentation and division, it becomes one of the generators of identity violence, and plunges the entire country into an identity crisis. This response depends on the nature of the mass national consciousness that is formed and crystallized in the presence of several factors, the most important of which is the type of ruling political authority, whether it is authoritarian or democratic, as well as the nature of the prevailing political culture, and the effectiveness of the links and institutions of modern civil society

Today, disability is considered one of the social and economic issues in society, as it has educational and economic dimensions for the disabled person, his family, and society as a whole on the one hand, and on the other hand, as it relates to a group of its members amounting to about 15%, according to United Nations agencies, and the presence of a disabled individual within a particular family affects psychologically, economically, and socially. On the family as a whole, there must be solutions and treatments for the situation of the disabled, whether the treatments are social, economic, or political. Since people with disabilities are part of society, they enjoy political and civil rights as citizens without any discrimination. They have the right to participate in public affairs and the freedom to express their opinion, run for office, and vote. On this basis, we limit the research to shedding light on the political rights of people with disabilities related to the right of the disabled person to be a candidate for parliamentary councils in the country. We will also address in our study the right of the disabled person to choose his representative who he deems appropriate for him, in other words, his right to vote, and the Iraqi national and comparative legislative position on these two. The two right ones

Our study crystallizes within the framework of this research on the crime of child recruitment, whether recruitment in international armed conflicts or non-international conflicts, as one of the war crimes referred to in the Rome Statute of the International Criminal Court in accordance with Article (8) thereof, and the integration of children into groups. The reason for this is the incompleteness of their ideas and their lack of awareness of the consequences of their participation in armed conflicts, as well as the use of excessive violence against them, which inevitably leads children to flee from their schools or homes for the purpose of joining armed groups. Whereas criminal accountability before the International Criminal Court for the crime of child recruitment stipulates the issue of natural persons only, who are considered individually criminally responsible for the crimes they have committed that fall within the scope of the International Criminal Court, which makes them expose themselves to punishment according to the Rome Statute of (1998), and this is what it stipulates. According to Article (25) thereof

Today, the world is living in a state of permanent conflict, intermittent and not recurring, based on interests and goals between its far-flung parties, east and west, and its division into worlds and groupings based on the criterion of progress and backwardness, or the concepts of wealth and poverty. Or the concepts of the countries of the North and the countries of the South, between which international relations were established that were marred by the logic of conflict and estrangement in varying and successive periods at an undulating and different pace along the historical path, while that relationship, with its conflict and cooperation, is based on the criterion of cultural and civilizational difference and economic and social disparity, in addition to the religious and ethnic differences between two worlds. Muslim and Christian or poor and rich. The relationship between the South and the North is often evident in the name of the relationship between the East and the West, or developing countries and developed countries, and what has raised most controversy about this relationship are the issues of colonialism, Orientalism, and successive migrations, which have become a matter of controversy regarding the services and benefits they provide to all parties, between the sending countries and the receiving countries. As a result of cultural differences first, of the professions they occupy second, and of the problems they raise third, as reflections of that reality. From here, we try to provide a systematic reading of the migration of minds and talents from the countries of the South to the countries of the North, focusing on the migration of Moroccans to France, and examining the causes of migration, the effects resulting from those migrations and their repercussions on the relations between the countries subject of the research in a systematic and cognitive manner

Deriving provisions in civil law needs to be informed by fundamental rules that may be similar to legal texts and legislative texts.
Since the legislative texts consist of general and specific, absolute and restricted, the signifier by reference, and the signifier by necessity, and these are present in legal texts, and thus there is a strong connection between the principles of Sharia jurisprudence and Iraqi civil law, by citing legal applications based on the requirement of the text according to the fundamentalists, the requirement is one of the ways in which the word denotes the meaning when proving the practical legal rulings, and that the requirement is either from the concept or from what is spoken.

Electronic banking services are one of the important topics that have received great attention by the banking community in recent times because of their advantages that make them differ from traditional banking services. Information technology enables customers to obtain various fast and confidential electronic banking services at the lowest financial costs and effort. However, these services face many challenges represented in the weakness of customer confidence and the security of banking information and the accompanying banking risks represented in hacking and electronic piracy.

There is no doubt that the crime of bribery is considered among the serious crimes that the executive apparatus of the state has suffered from since the founding of the Iraqi state. The importance of this crime reflects the fact that the Iraqi legislator has allocated eight articles to it in the effective Penal Code, as the spread of bribery leads to distorting the reputation of the state, its institutions and its ministries. It also reduces citizen confidence in public authority and exacerbates justice and inequality among citizens. More specifically, the continuous spread of bribery leads to an increase in the number of violators of the rights of individuals, making society resemble a jungle where the laws of the strongest and the richest prevail. Therefore, addressing this dangerous scourge requires Educating employees about its danger and its impact on society and its social fabric, and from here came the idea of our research, which focused on the fact that the briber obtains illegal gains by offering bribes to employees, which is illegal and immoral.”

The four Geneva Conventions of (1949) and the two protocols attached to it did not regulate the legal status of the foreign fighter, and this unstable situation continued for him, which encouraged some countries to use this type of militants in their proxy wars at times and to interfere in the affairs of other countries at other times, and the states did not agree among themselves to organize placing foreign fighters in legitimate international agreements. With the passage of time and with the ease of social and social communication in light of technological development and the laxity of some countries to control their borders and citizens and with political, ethnic, racial, ideological, personal and other realities, people began to join armed groups and the situation continued until the fall of the former Iraqi regime and the emergence of terrorist groups started from the base and reached its climax in the shadow of the control of the organization terrorist( ISIS) and its attraction of thousands of foreigners and their becoming fighters and their participation in hostilities and their commission of international crimes and grave violations.The UN Security Council, in its Resolution No. (2178/2014), tried to put in place a framework legal, the first section of which focuses on the obligation of states to address the threat posed by foreign terrorist fighters and the measures chosen by the Council to prevent the movements of terrorists, which are effective controls at borders and controls on personal and travel documents, as well as risk assessment basis on evidence and screening, including the collection and analysis of travel data, and obligating countries for airlines operating with them to provide advance information about passengers, and The most important part of the decision is criminalizing the recruitment, financing , transfer and actions of foreign fighters, and according to it authorizes countries to legislate or amend their legislation for the aforementioned purpose in order to reduce and eliminate the phenomenon , as for the second section, it deals with the need to improve international cooperation to prevent the travel of foreign fighters by increasing the exchange of information and coordination regarding it and building local capacities in this regard, while the third section is devoted to confronting extremism, and, while the fourth and final part dealt with the commitment of the United Nations to take procedures regarding fighters Terrorist foreigners, the possibility of including terrorist individuals and entities on terrorist lists, and devoting efforts to limit this phenomenon.The was not international agreement, especially the permanent member states, to refer the issue of foreign fighters to the International Criminal Court, and the extent of disagreement reached some countries with their unwillingness to receive their nationals and prosecute them, as well as some others taking measures, danger in the future, solutions must be found for it, and this is what we are trying to discuss in the folds of the thesis.

In the sphere of labor relations, the employer or business owner enjoys disciplinary powers enabling him to punish the contravening workers or employees. Since it is an important method allowing the employer to impose his control on the project, to guarantee the stability and development of the work, by respecting or adhering to the employer's orders, and implementing his instructions. Considering that the Iraqi legislator determines disciplinary punishments in conformity with legal texts, as one of the guarantees approved to protect the worker or employee. And requires that a group of procedures be taken, before imposing disciplinary punishments. In order to realize a type of equilibrium between the interests of workers and those of employers. As well as realizing objective and procedural guarantees approved by the legislator, and the supervising and controlling role played by the judiciary, which is considered as a restriction on the employer's disciplinary power. So as to realize the legal protection of the worker, in accordance with his status as a weaker party in the labor relation. It is noteworthy that the rules of the imposition of these punishments are provided for in the law of labor No.37 of 2015, still in force. And are being compared with the rules of the former Iraqi laws of labor.

The Ukrainian rapprochement with both NATO and the United States prompted Russia to intervene militarily and launch a war to control it, through which it also aspired to return Ukraine to the scope of its policy towards NATO and America, which it considers the reason for the disintegration of the Soviet Union and its dominance, as well as the fact that Ukraine is one of the countries independent of the Soviet Union. the previous. This Russian response came in accordance with the realist theory that worked for its national interest to defend its western borders and try to distance NATO, which is working for Ukraine to be one of its members, and since the realist school with its successive developments concluded the role and influence of both determinants and external (systematic) factors on As well as the internal determinants of the state (perceptions of decision makers and other factors), influencing the foreign policies of states and thus on the relations between them, Since the conflictual (competitive) or non-cooperative nature is the dominant character in the nature of Russian-Ukrainian relations in their general content, which ultimately led to the clash and the outbreak of this war

Criminal law has a significant impact on building social personality through standard rules that clarify what actions are permissible and what are impermissible, with the aim of directing society and trying to reach social goals that are important and necessary in the eyes of the legislator. The legislator’s intervention to reach his goals comes from While granting its protection to the basic interests that concern society in general, and among the interests that the legislator has regulated and considered among the basic rights of members of society is the element of religion, which constitutes a basic moral symbol for the expression of cultural identity, as it was considered an interest worthy of protection and for that reason the legislator criminalized actions that lead to The attack on it, and the legislator’s interest in religion comes from the status it enjoys in the hearts of its adherents, in addition to the impact that the attack on religion has on the security of society and its cultural diversity, especially in countries characterized by religious diversity, including Iraq, where religion is an important element in the formation of society’s identity and its foundation. It is essential in the formation of its culture. Therefore, the Iraqi legislator was alert to attacks that affect religion and important interests related to religion, and confronted these attacks through criminal legal texts that provide protection for religion, whether direct protection aimed at protecting religion directly, or protection indirectly. Therefore, we decided to divide The subject of the study is divided into two sections. The first section deals with the criminal legal basis for providing protection for religion, while the second section deals with the legal controls for attacks affecting the moral aspects of religion.

The Corona crisis is one of the international crises that have had great effects on all of humanity, as dealing with it was not only an internal Chinese concern, but it has taken an increasing global dimension in view of the nature of the Corona virus and the conditions that enabled its spread and expansion of its spread, and in light of the determined efforts to get out and manage the crisis. With the least possible losses, China was able to exploit and exploit this crisis after besieging the virus, to record a political and media victory over the United States and Europe, through an efficient, effective and central administration at the same time, relying on the procedures of its political system and its central authority, thus strengthening the belief in most countries of the world that China is The rising powers and that the West is in decline

Tax justice is a fundamental concept in the field of tax policies, aiming to strike a balance between government revenue collection and fair distribution of the tax burden. With the advancement of technology, artificial intelligence (AI) has become pivotal in enhancing the effectiveness of tax policies and promoting tax justice. AI enhances the capacity of tax systems to analyze data and predict behaviors, aiding in detecting tax evasion and improving the quality of tax services. The research problem revolves around how to leverage AI techniques to achieve a balance between increasing tax revenue and ensuring social justice in tax distribution. The findings indicate that integrating AI techniques into tax policies can enhance tax effectiveness and justice, with a focus on transparency, international cooperation, and ensuring personal data protection. Therefore, the integration of smart technologies and tax policies represents a significant step towards building more equitable and efficient tax systems, contributing to enhancing trust and transparency in tax systems

The issue of Iranian policy towards the countries of West Africa since 2005 is considered a complex and intertwined topic as it carries several diverse dimensions. Iran’s policy towards the countries of this region has gone through many stages that ranged between strength and weakness, since the era of former Iranian President Mohammad Reza Pahlavi in 1941, until The arrival of the current Iranian President Ibrahim Raisi, whose strengthening trend was driven by Iranian ambitions to enhance influence and status regionally and internationally. Successive Iranian governments have sought to achieve several goals, including geopolitical ones, which are based on building political and diplomatic relations with anti-Western political regimes in that region, as well as On strengthening joint diplomatic work to support Iran in international forums as part of its quest to obtain a nuclear program for peaceful purposes, in addition to the economic goals that included evading sanctions and enhancing national income through Iranian exports to African countries and trying to diversify imports of strategic materials, especially uranium, while the military goals were The security is based on trying to find military arms in West African countries similar to those in Nigeria, in addition to supporting some military and paramilitary groups, which is an Iranian priority, especially after the United States of America imposed sanctions on it in 2018, and finally came the cultural activities that focused on An attempt to promote Iranian ideology in social and political circles in West African countries, by emphasizing that Iran is not a colonial country like France, the United States of America, and Britain.

Combating terrorism within the framework of regional organizations is based on effective cooperation between countries to confront this cross-border challenge. In the European Union, counter-terrorism committees and mechanisms are an essential part of security and legal policies. This includes information exchange and security cooperation, in addition to developing joint legislation to confront challenges resulting from extremism. As for the League of Arab States, the organization seeks to enhance cooperation among member states to combat terrorism. This includes enhancing intelligence exchange, improving national anti-terrorism legislation, and supporting countries in developing their security capabilities. The university also emphasizes the importance of raising awareness and combating extremism through educational programs that promote peaceful values and tolerance. In both organizations, regional cooperation plays a vital role in achieving regional security and addressing security challenges. It encourages the continuous exchange of experiences and successful practices to ensure the effectiveness of joint efforts to combat terrorism and ensure stability and security in the region

Since the beginning of creation, man has been conditioned to work in order to earn a living and satisfy his basic needs. Work is a social phenomenon and is the basis of production and the reason for the accumulation of wealth. In light of these principles, national and international legislation came to regulate labor relations in human societies in an effort to protect the rights of both parties to the work, i.e. the worker and the employer, except We are currently facing an ever-advancing technological revolution that has changed the concepts of the work relationship, its organization and its control. States’ legislative policies are no longer only to keep pace with the technological revolution and modern means of communications, but also to be able to protect individuals from the dangers of these technologies, which are represented by attacks on privacy and personal, private and sensitive data. For the person, and in light of the disasters that have struck the world, such as the global economic crises and the oil crises, the most recent of which is the Corona pandemic, all of these disasters have changed the concepts of traditional work to achieve the issue of social distancing between individuals, which is the policy that all countries of the world have taken to reduce the risks of the spread of the Corona virus, and to save the expenses of transporting workers to... The workplace and other expenses that accompany it, so the issue of remote work has become one of the modern and most widespread work systems at the present time, which achieves several advantages, whether for the state itself or for the employer, including ensuring social distancing and thus reducing the possibility of infection with the virus, as well as reducing traffic congestion and reducing consumption. Energy, as a result of a large segment of workers shifting to working at home or another place without having to go to the usual workplace. Therefore, the remote work contract in light of technological development and the information revolution has become an urgent and indispensable necessity. However, remote work exposes workers to many... Of the risks resulting from the interference of the technological element in the relationship between the worker and the employer, especially due to the availability of the element of dependency that characterizes the employment contract in general, which exposes the worker to many multiple risks, including violating his privacy and violating the sanctity of his private life as a result of collecting his nominal and personal data, following up on his movement and transfers, or processing personal data in a manner Illegal and outside the scope of work, as well as the risks of accessing the worker’s personal electronic correspondence or assaulting his private life by monitoring him with a camera in private places, and if the current Iraqi Labor Law No. 37 of 2015 guarantees the protection of the worker’s rights such as wages, vacations, number of working hours, etc., The law faces several problems with regard to protecting the worker in a remote work contract from the risks of technology, especially with regard to the concept of the element of dependency and the violations of privacy and private life that the worker may be exposed to as a result of using the element of technology and modern means of communication in exercising that dependency and monitoring the progress of work. Therefore, we are trying Finding solutions to protect the worker from these violations.

Studying the topic ((Inferring criminal intent in the crime of premeditated murder)) is one of the important topics, especially with such a crime that represents a great danger to the lives and safety of individuals. Criminal intent is something hidden within the offender and related to his will, and it is a tendency that circulates in the depths of the soul that is neither seen nor felt. Therefore, proving it is difficult, but not impossible, as it can be inferred through its effects and external manifestations and through the image of the actions that the offender committed, which would Reveal his intention. Since some of these aspects are related to the crime and the circumstances of its commission, and others are to the person of the perpetrator and the victim, we therefore discussed the inference from the material or objective aspect and the subjective or personal aspect and the problems thereof, represented in how to prove them, as they are among the crimes dangerous to the security and safety of society