Journal of college of Law for Legal and Political Sciences

Moral clauses are use, particularly in American law, in contracts related to entertainment industry or sports activities, which include the provision of work or service by a celebrity or talents, such as contract for acting or directing, or training or playing for a club, as well as the contracts for advertising goods or services. Moral clauses prevent the debtor from certain conducts related to his public or private life, such as lying, violating laws, moral corruption, making racist or offensive statements, or appearing indecent on social media, breaching this clauses will result in terminating the contract or pay damages. Iraqi law did not specifically regulate these clauses, despite that it begin to use in similar contracts in Iraq. We, in this article, examined the legal value of moral clauses in contracts in American law, as it is the source of their regulation, while comparing the position of Iraqi law.

Registration in the commercial registry is one of the most important duties of the merchant, as it is the first step towards starting his commercial activity and the legal effects it entails. The electronic commercial registry represents an important part of electronic government, which enjoys a number of advantages embodied in its fight against cases of fraud and forgery and the tax evasion that they lead to, as well as By achieving speed in its issuance, this will eliminate the bureaucratic and complex administrative procedures that affect registration in the regular commercial registry, and its role in reducing parallel trade and encouraging investment, which leads to stimulating commercial work and thus increasing income through the job opportunities it provides that contribute to reducing unemployment. Despite all of this, we witness the absence of national legislative regulation of its provisions, which requires issuing a special law regulating its provisions and inviting the competent authorities to adopt it as an alternative to the regular commercial registry. The definition of the electronic commercial registry, a statement of those obligated to register in it, the conditions and procedures for registration, the legal effects it entails, and the penalties imposed upon it. Failure to observe its provisions is what this research will include

The importance of the Frankfurt School for philosophy and contemporary thought is due to the fact that it was the crucible in which critical theory melted, and took on a specific character; The critical theory of the Frankfurt School directly reflects the heritage of German thought. The school arose as a result of a set of circumstances that the German reality experienced during the nineteenth century. Consciousness is a mental state that represents awareness and the ability to communicate with the external environment through the senses in humans, as it correlates with Awareness, therefore, does not occur without knowledge, experience and understanding of the things surrounding a person. The more knowledge and experiences of a person increase, the greater the awareness and awareness, and vice versa. As for false awareness in school, it has taken various forms represented in the media that try to control people’s minds, and others.

Jurisprudence used broad terminology about complementarity, and to define the specificity highlighted by the complementarity approach, some of them used the term overlap and some used the term cooperation, and the idea of complementarity is not a new idea, but rather its implications were not the subject of attention and the extent of the influence of each control on other controls. Within the framework of private international law, complementarity means cooperation, integration and solidarity between the subjects of private international law, such as nationality and domicile, and the mutual influence in determining legal positions and not dissonance between them, in order to fully achieve its functions at the level of raising legal certainty and justice and achieving coexistence between legal systems, and thus it rejects dissonance.

The danger of cybercrime is represented in the nature of its elements, elements, and methods of perpetration, which differ greatly from traditional crimes, The electronic crime by virtue of the location of its occurrence in the vast virtual space and the possibility of its implementation remotely and the difficulty of watching the perpetrators in it makes it difficult to control, discover, identify its elements and collect the necessary evidence to prove it, because it relies on electronic props instead of paper, so the legal legislation that regulates traditional crimes that depend on The material practical reality, may not apply to crimes of a virtual nature or means. And the money laundering crime has taken advantage of this technological development, as it is an organized financial and economic crime known since ancient times, but it is renewed by the renewal of electronic means. or disclosed for possible remote use.

Self-Determination is one of important collective human rights that should not be violated or exceeded, Human rights cannot be reclaimed within a nation or people whom have already lost their right of self-determination. The correct application of self-determination represents the principle of freedom and justice for the individuals and the nation, and achieves peace with all its forms. However, within the changes the world had witnessed in the nineties of last century along with its supporting incentives, a wide-ranged argument appeared concerning the criteria based on which the range and beneficiaries of self-determination are designated. On the other hand, the application of self-determination, which was related to the idea of unity and constructed a foundation to build the united nationalist country ever since its appearance, was used as a slogan to justify the tendency of disintegration and partition for the countries and transform it to artificial smaller states that are unable to control their own destiny. Thereby, the callings of the racial and nationalist groups have been changed, and the interference of major outer and neighboring countries became the main reference to the right of self-determination in its modern concept.

The forfeiture of the lawsuit leads to the final cessation of the lawsuit and to consider it as if it did not exist, and no judgment is issued in it, and the cessation of all the lawsuit procedures due to the plaintiff’s failure to follow through with it by his action or omission for a certain period of time specified by the law from the last procedure of litigation, and the cessation of the lawsuit does not lapse The right if it does not lapse with the lapse of the limitation period.
The purpose of forfeiture of the lawsuit is that the legislator assumed that the plaintiff’s intention was directed not to proceed with it, so the law allowed it to be forfeited in the event of failure to proceed with it by the action of the plaintiff or his abstention from the specified period from the date of the last valid procedure that was taken in it, as the Egyptian legislator did when he specified six months for that, even if The judge does not pass judgment on the forfeiture of his own accord, and the litigant with interest has the right to request a judgment for the forfeiture of the case if the proceeding of the case is resumed.
The decision to forfeit the lawsuit entails the forfeiture of all procedures subsequent to the filing of the lawsuit, with the remainder of the original right in the lawsuit, the peremptory judgments issued in it, and the declarations and oaths that took place between the litigants, and since the administrative lawsuit is based on the bonds of public law, its basis is the principle of legality and the rule of law, as the judge directs it with what he sees fit. It is necessary to proceed with it and fulfill its requirements in order to adjudicate it, so we see the provisions of forfeiture in the administrative case may sometimes conflict with the philosophy of administrative cases before the courts of the State Council, so it must not be taken into account if the administrative case reaches a stage in which the court’s perception of the subject matter of the case is completed

The photo requires a number of modern and effective methods for the purpose of using it as a tool in proving the crime and extracting digital evidence from it, which is also often subject to tampering, vandalism, and falsification from the time it is obtained until it is presented to justice as evidence of criminal proof. The criminal photo, both its fixed and moving parts, is considered effective and effective criminal proof that can be taken. As long as it respects legitimacy, which is the general framework for all criminal procedures, the image needs solid scientific methods and methods to remove the theory of doubt about it from distortion and manipulation without deviating from the legal requirements. Therefore, the relevant investigative authorities resort to revealing it with a set of modern means and methods that bring comfort and reassurance to the souls. On the other hand, he should avoid doubting the method of obtaining this evidence, so that he is not subject to invalidation, and thus his effort is wasted

This study investigates the rule of "silence in case of need is a statement" and its applications in Islamic jurisprudence and Iraqi civil law in a comparative way, so that it differentiates between silence of those who are able to speak and the one which has no indication of the will, which is called "mere silence". Moreover, it is a commitment to a negative condition that is not accompanied by a word, a writing, a sign, or an action that carries the meaning of expressing the will. and The non mere silence considered as an indication is a commitment to a negative attitude that is not accompanied by a saying or an action, but surrounded by legal evidence or descriptions that give it the indication of expressing the will by rejecting or accepting a specific matter and the like. This type is divided into two parts: "Silence described" and "Sensible silence", and this study confines the places of silence and its controls in order to distinguish the type of silence considered or not in jurisprudence and Iraqi civil law, with the most important applications of the rule

The authority to issue administrative decisions is considered one of the most important privileges granted to the administration by the legislator, and these decisions issued by the administration must aim to achieve the public interest, but in certain cases the legislator intervenes and sets for the administration a specific goal that it must achieve. If it achieves a goal other than the designated goal, it is its decision. It is tainted by the defect of deviating from authority due to its violation of the rule of assigning goals. This is why we find that the rule of allocating goals plays a prominent and important role in preserving the rights of individuals and protecting their legitimate rights. It is a real guarantee for individuals against the administration and preventing it from abusing the authority granted to it by the legislator, because the above rule is tantamount to a restriction on the freedom of the administration when exercising its authority, which leads to... To reduce instances of distortion of authority.

The principle of clarity in legal texts is of great importance, because when these texts are clear, easy and understandable to the addressees, they will lead to achieving legal security for the addressees, because ambiguity in legislative texts contributes to a large number of interpretation and interpretation, and thus undermines the legitimate confidence of individuals in The state and its laws issued by the legislative authority, so the texts must be clear in terms of the accuracy of the legal and linguistic formulation and the use of words in their correct place, that is, the words and phrases used in the legislative text should be clear and express the intended easily

Electronic negligent errors take forms and actions that cannot be limited, or more precisely, it is difficult to define all of these actions and place them under one framework, as tortious errors committed via the Internet result in harm to others without the existence of a contractual bond between the two parties of civil liability, which leads to legal disputes. between parties and third parties, which are often characterized by an international nature. As a result of the difficulties and long and complex procedures followed by the judiciary in addition to the costs it requires, it was necessary to find a means through which these disputes could be settled so that the injured party obtains his right to appropriate compensation, at lower costs and as quickly as possible, so we divided The subject of our research is divided into two sections. In the first section, we dealt with the basic role of arbitration in disputes arising from electronic torts. In the second section, we discussed the cases through which the parties to electronic torts can reach an agreement on arbitration as a basic means of settling disputes existing between them

Russian-Turkish relations have been characterized by ebbs and flows throughout the ages. The history of these two regional powers indicates the occurrence of conflicts and disputes whose roots extend back to the rule of the empires that dominated the world at that time. In our current study, the relations between Turkey and the Russian Federation in recent years have been highlighted without delving into the depths of the ancient history of both. These relations have become tense, after witnessing a period of stability and prosperity since the beginning of the first decade of the current century, due to the different strategic paths of both powers in the region and the convergence of these different paths on the ground in the events in Syria. After the failure of the military coup in Ankara in mid-2016 against Erdogan’s rule and the launch of hypotheses and multiple points of view regarding the external and internal causes and instigators of the aforementioned coup, evidence indicates that this period witnessed the normalization of Russian-Turkish relations and the return of bilateral cooperation in various fields, as Erdogan pointed his fingers Accusing groups sponsored by America and the West for attacking Turkish national security. He also praised the Russian position at the time.

The mechanism for forming the Federal Court is one of the issues that greatly affected the work of the Court, especially after the Federal Court recognized the unconstitutionality of Article 3/Third of Judicial Council Law No. 45 of 2017, which stipulated the authority of the Supreme Judicial Council to nominate members of the Federal Court, and Article 3 of the Federal Court Law. No. 3 of 2005, which also stipulates the authority of the Supreme Judicial Council to nominate members of the Federal Court, as the decisions of the Federal Court had a significant impact on the work of the Court, especially after the retirement of one of its members, the lack of a quorum in the work of the Court, and the Court resorting to replacing the original member with a reserve member, in contravention of the constitution that was challenged. It was subsequently canceled, which disrupted the work of the court, disrupted its quorum, and disrupted its work. Therefore, the House of Representatives resorted to issuing the first amendment to Federal Court Law No. 25 of 2021, which specified the mechanism for selecting members of the Federal Supreme Court in a way that conflicts with what was stipulated in the Constitution. It also stipulated: That the President of the Judicial Council, the President of the Federal Court, and the Head of the Supervisory Body shall be responsible for selecting the President, Deputy, and members of the Federal Court. Thus, the House of Representatives has violated the decisions of the Federal Supreme Court by repealing Article 3/Third of the Supreme Judicial Council Law and Article 3 of the Federal Court Law, in which it took away the Judicial Council’s right to Choosing the president and members of the court, and if the court’s decisions are also unconstitutional, which of them is more likely to apply? The decisions of the Federal Court, which are considered final and binding according to the Constitution, or the first amendment to the Federal Supreme Court law, which conflicts with the Constitution and the decisions of the Federal Court? There is a clear contradiction and confusion between the decisions of the Federal Court and the first amendment. Federal Supreme Court Law No. 25 of 2021. Therefore, given the above, we find that the first amendment to the Federal Supreme Court Law No. 25 of 2021 also violated the Constitution, and we do not find that it came with a real treatment for the issue of the formation of the court and the lack of a quorum, especially in the Federal Supreme Court’s enjoyment of independence and impartiality, so the President of the Federal Court and the Head of the Judicial Oversight Service were involved in The selection of the judiciary was contrary to the Constitution and violated the independence of the court, especially when it stipulated the jurisdiction of the President of the Federal Court, which raises surprise and question in the event that the President of the Court nominates himself as a member of the new court. Therefore, it can be said that the above amendment constitutes a violation of the Constitution and violates the court’s impartiality and independence, which reflects this. This negatively affects the work and jurisdiction of the court, especially in protecting the rights and freedoms of individuals, which disturbs the balance between the authority of the state and the freedom of the individual.

(Quota) is an intervention measure to ensure that a specific group obtains a specific percentage of parliamentary seats. This is done by allocating a specific percentage of parliamentary seats to specific groups in particular so that the majority is not able to deprive one of the minorities or societal groups from exercising their right to parliamentary representation, and this is how it appears. (Parliamentary quota) in many forms, including ethnic, women’s, sectarian, agricultural, and labor quotas... and others, as the basic idea on which the (quota) system is based is: an attempt to create a miniature and accurate picture of the entire society in the elected parliament.
Accordingly; As a result of the many demands to achieve some kind of equality, or to help groups that see themselves as marginalized and unable to reach Parliament, countries have introduced a quota system for the representation of women, and others have worked to determine a percentage of seats in their electoral systems to represent small minorities, as in Argentina, Belgium, France, Britain, Rwanda, and many other countries. As for Iraq, after the change in the political system after the year 2003 AD, the quota system was introduced. The State Administration Law for the Transitional Period stipulated in its article (30/paragraph (c)) that the women’s quota is to guarantee the representation of women in the National Assembly, in addition to that This article was confirmed in the permanent Iraqi constitution of 2005 AD, in Article (49/Fourth), which stipulates that “the election law aims to achieve a representation rate for women of not less than a quarter of the number of members of the House of Representatives,” and from that came the adoption of the (quota) system. In addition to its emphasis in Election Law No. (16) of 2005, the Iraqi legislator did not neglect the representation of minorities, as compensatory seats were specified for minorities and small parties in Article (15/First) of Election Law No. (16) of 2005. This article was also amended in Article 1 of Election Law No. (26) of 2009, where five seats were designated for the Christian component, one seat for the Yazidi component, one seat for the Sabian component, and one seat for the Shabak component.
Accordingly, the research was divided into three sections, in addition to an introduction and a conclusion, where in the first section I dealt with the concept of (quota) (definition and types). As for the second section, I dealt with the application of the (quota) system in Iraq, while in the third section I dealt with: The pros and cons of implementing the women's quota system in Iraq.

The importance of this article revolves around explaining the impact of orders and decisions issued by the administrative head to his employees on the development of administrative activity and various state facilities. The principle of presidential orders is their legitimacy, and orders are legally legitimate if they meet the formal and substantive conditions. The formal conditions are that the order be issued by the competent employee, directed to the specialist to implement it, and that the order be completed in the form required by the law. As for the substantive conditions, they are that the order be consistent with the law. If the formal conditions and substantive conditions in the order are met, the employee must obey it and work to implement it. The duty of obedience is a legal obligation that falls on the employee and burdens him for the continuity of administrative work within the functional system. Therefore, one of the basics of presidential authority is the continuous need of superiors to issue... Legitimate presidential orders that are consistent with the provisions of the law so that they can exercise their jurisdiction easily and smoothly.

Talking about the process of transferring and transplanting human organs necessarily means addressing the human body as a source of human organs that are intended to be removed and transferred for transplantation. Harming a human body is considered a forbidden act and is punishable under the provisions of the Penal Code, and the body is not a place that can be used. The process of transferring and transplanting the organs of those sentenced to death opened a wide field for research into theories and legal principles to root the damage to the human body, and to know the extent of the legitimacy of the damage to the body of the dead and how to dispose of one of the organs of this body. Have Iraqi laws and comparative Western and Arab laws succeeded in providing effective protection for the right to bodily integrity in light of modern medical developments when some of these laws began to deviate from the principle of preserving the body of those sentenced to death by allowing it to be touched? There is no doubt that the consent of the person sentenced to death in the process of transferring organs is... A corpse and its transplantation into the body of another person represents a condition for the permissibility of this operation, and many opinions have been expressed by jurists regarding the legal basis for the permissibility of the transfer and transplantation of human organs, especially in light of the absence of legislative control for such work. The legal position on the process of transferring and transplanting organs from those sentenced to death is not affected by the laws of countries that have abolished the death penalty, and criminal law jurists disagreed about whether or not the process of transferring and transplanting organs of those sentenced to death is permissible, whether before or after the execution of the sentence when a final judicial ruling is issued, so it appeared. There are two opinions: the first permits the transfer and transplantation of these organs, and the second criminalizes it. Those who hold the first opinion believe that the interest of society, humanity, and patients requires this to save others, whether the transfer is with or without consent because the death penalty is the penalty resulting from the loss of a human being’s life, so it would not be shameful to force a person sentenced to death to contribute to saving a living, healthy person, instead of the other person. The person sentenced for an act he committed is considered compensation to society for the harm he suffered as a result of committing this act, and this does not conflict with the provisions of the law. As for the opinion that criminalizes transportation, it is based on the fact that human dignity does not allow this. It is not permissible to harm the body of those sentenced to death except within the limits drawn and determined by the law, and therefore it is not permissible. Force him. Hence, taking the organ is not a subsidiary or complementary punishment so this operation can be permitted. The most likely opinion is that it is permissible to transfer and transplant the organs of those sentenced to death by specific controls and conditions, to achieve the humanitarian interest of treating patients in need, and because the convict is, in the end, a human being, and society must preserve his human dignity, so that the organs are not taken from him forcibly or on the basis that Guilty because after the execution of the sentence, he deserved to be executed for his sin, and therefore he must be treated like another human being in society and the punishment must be imposed on him in the manner stipulated in the law and not by removing organs from his corpse after his death.

When any person dies, it will his property, consisting of money and rights, which he owned and acted out of during his life, to be transferred to his heirs. In order for this money to be transferred, an official proof must be issued stating the name of the dead, the date of his death, those entitled to the inheritance, their relationship to the dead, and the portion of each heir. The proof varies according to the type of ownership. With regard to full ownership, the provisions of the Sharia distributor proof, which is issued by the Personal Status Court, are subject to it is according to the provisions of Islamic Law. As for the right to action of the princely lands, the transfer therein is in accordance with the legal distributor law, and the portions in it are divided according to the law

Social care has great importance in society as a specialized system for leading and directing social development, and social care is an important and essential means to achieve development, balance and social stability, as it can be considered a human right because it works to provide basic human rights, which are food, clothing and housing, which are called basic human needs,ecause no one can dispense with them under any circumstances. It is worth noting that the concept of social care is an old concept and it has gone through stages of development like other social concepts and values that have evolved with the development of societies over the ages. The reason for this development and change in societies is due to the development of human needs, rights and freedoms. What the monotheistic religions, including the Islamic religion, have also affirmed in the constitutions and man-made laws in all countries of the world, including Iraq, where the Iraqi constitution of 2005 emphasized the importance of social care, and the Iraqi Social Welfare Law No. (126) of 1980 was also promulgated, as well as international covenants emphasized the importance of this concept, including the Universal Declaration of Human Rights of 1948 and the International Labor Organization of 1919 and other international covenants that emphasized the importance of this concept, which is as old as humanity, so this concept must be shed light on if Our response is that every individual enjoys a decent standard of living in a way that contributes to achieving the basic functions around which most activities revolve in society, which are represented in production, distribution, consumption, development, social integration and social control.Therefore, the researcher focused on clarifying the concept of social care, its importance, its elements, its content, and its fields, as well as distinguishing it from some other concepts, explaining its historical development, and explaining its relationship to human rights in Iraq

Football events are characterized by the ability to influence in political events, especially in the field of national unity, due their symbolic and emotive impact on a wide range of society. The impact of sports in general and football in particularly on the issue of national unity varies depending on the politics practiced by political elites. And employing it negatively or positively, This could be noticed clearly in the case of Ivory Coast, which the national football team contributed deeply in the process of national reconciliation and ending the conflict there in the first decade of the twenty-first century, This impact of football shown at the end of the twentieth century as well, When the Football in Croatia had an impact in fueling the conflict that produced the disintegration of the ex-state of Yugoslavia and supported a new establishment of national unity to Croatia. That impact of football was not direct, but rather helpful to a large extent in preparing the ground for a new political reality that differs from what existed before the football event took place. This influence calls for more attention to the impact of this sport on political affairs and the necessity of investing this positively in promoting and supporting national unity