TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

The government's decision to withdraw the government from the government has been a major concern for the government. We have addressed in our research entitled Error and Damage resulting from abuse on state territory in civil law and found the error that the individual should be asked about should be issued by a distinguished person and aware of his error and that the measure by which the error is measured is objective in all the legislation that was compared, as we looked at the damage done to the state as a result of the attack on its territory and showed us that the damage is material. Then the research protected us with a series of conclusions, recommendations.

The decision to freeze funds and economic resources is one of the measures developed in the criminal law, and it is one of the effects of the decision to be listed on the terrorist lists, and it targets or economic resources of individuals and entities accused of Terrorism, suspects or accomplices with them, by prohibiting their disposal, or transferring, transferring or its image based on the decision of the competent authority and for the period of validity of the decision and in accordance with the criteria for freezing. The Committee to Freeze the Funds of Terrorists, which is granted the authority to take it, has the authority to coordinate with any party, including the security and control authorities, and one of its duties is to prepare a local list on which the names of entities are included, and that its procedures and standards The Anti-Money Laundering and Terrorist Financing Law No. 39 of 2015 took over its statement. and the Freezing Terrorist Funds Regulation No. (5) of 2015, according to special procedures provided by the two above-mentioned legislation, in violation of the general rules of substantive and procedural penal legislation. Since the Terrorist Funds Freezing Committee is the competent authority granted the authority to freeze funds and economic resources, it must follow the procedures stipulated in the Anti-Money Laundering and Terrorist Financing Law and the Terrorist Funds Freezing System. What did the Federal Court of Cassation do.

The peaceful use of nuclear energy has become one of the necessities of the times, so we find that many developed countries in all fields have tended to use peaceful nuclear energy in all aspects, including agricultural, medical, electric power generation and other fields that benefit society, but the danger of this weapon It lies in the mass destruction it leaves behind, not only on man, but also on nature in general, and this is what has been shown by the historical incidents of nuclear tests over decades of time, which have claimed many lives, and led to the destruction of the environment, and all surrounding and close things, and with this, The destruction of the environment means the destruction of man. The relentless international efforts to prevent the proliferation of nuclear weapons and their deadly experiments have resulted in several agreements. Then the legal regulation of the nuclear test ban.

One of the requirements for building and developing the legal system in Iraq was the establishment of the State Council, which passed through developmental stages until it reached its current stage, imitating what is familiar in similar countries such as France and Egypt. Given the dual function of state councils in general, as well as the case in Iraq, it represents an important aspect of the state as it represents an application of legitimacy.
Reaching accuracy and perfection in drafting legislation may not be realized sometimes, but rather it appears when it is applied in practice, and then it contradicts the interests of individuals, and this is contrary to the purpose of the legislation. Therefore, the State Council, since its establishment, has been practicing giving legal advice to public administrative bodies represented by ministries and agencies not associated with a ministry in order to avoid What errors may occur in the application of the law when it is ambiguous or not clear about the meaning and purpose of its texts. And that the Council’s exercise of its advisory competence is through special bodies within its formations, but at the same time there may be constitutional, legal or practical restrictions on the role that the Council plays in this field, and these restrictions somewhat limit the freedom of the Council to exercise its jurisdiction in this aspect.
In all cases, the advisory competence of the Council consists in expressing the legal opinion, the process of legalization and legislative drafting, even though the advisory opinion presented by the Council in most cases does not enjoy the mandatory status of those bodies that request it, except in specific legal cases.

According to the spreading the committed crimes by internet in the last time, because of the development in field of using the data technology, and because of these crime exclusiveness, and what distinguishing them about other crimes from variety and renewing nature, so the law specialists become facing many difficulties, whether on level of discover the crime and arrested their criminals or on level of specifying the speciality rules –the objective and procedural- which apply on them, because they are development crimes with the data technologies using development.
So we choose researching in the objective speciality rules in field of these crimes, and specifying if possible applying the territorial principle, and the finalized rules which representing in rule of the criminal law essence, and rule of the criminal law personality, and rule of globalization the criminal law, or we need to search on new rules, must be suitable for nature of these crimes and take into account their exclusiveness, which enable us to facing this kind of crimes, then do not allow to the criminals profit from problems which find by this subject.

As an oil-producing country that witnessed a great economic recovery, Iraq managed its internal conditions away from foreign loans in the 1970s. But the Iraqi military war with Iran in 1980 exhausted the Iraqi economy and made it fully devoted to serving the war during that period. Due to the huge size of military expenditures, these local resources were unable to cover the military expenditures completely, which prompted Iraq to resort to external loans to finance its increasing military expenditures, which Iraq was unable to repay at the due time because the military wars and the economic blockade imposed on Iraq after the invasion of Kuwait in 1990. This invasion led to the accumulation of loans after 2003 when funders began demanding the repay of their money after lifting the economic blockade on Iraq under Security Council Resolution No. (1483/2003), which obligated Iraq to deal positively with the International Monetary Fund in order to settle its foreign debts.

Iraq has witnessed an era of change that occurred after the ninth of April 2003, an attempt to build a democratic, civil state based on the rule of institutions and the law. This system has many principles that change the institutions of constitutional governance in Iraq, the most important of which is the duality of the executive authority represented by the President of the Republic who is not politically responsible and the Prime Minister who is accountable to Parliament for his ministers, in addition to the need for a balance and cooperation between the legislative and executive authorities, and the principle of separation of powers contributes to limiting From authoritarian tyranny, whether individually or by a political party or group, and the protection of rights and freedoms. It leads to the legitimacy of the authority and the political system, and it is an effective means to ensure respect for laws and their proper application.

Judicial reporting procedure is the cornerstone of the litigation of Judicial process and the point of initiation of the rest of the procedures, which are absolutely indispensable, and it comes at the forefront of the priorities in the field of litigation, although this procedure is considered by some to be a normal procedure, like the rest of the procedures, but the matter is contrary That, whoever follows the laws of pleadings of various legislations, arrives to the fact that the rest of the pleading procedures are indispensable for this effective procedure, which takes on the task of informing the opponents of all measures taken in order to give them the full opportunity to defend themselves and return the allegations against them, and this without Doubt has an effective effect in achieving a fair balance of the rights of the parties to the conflict, and given the intertwined technological development in various fields, it is a first door to include the field of judicial notifications as well, because reliance on traditional means and methods has become unable to meet the requirements of judicial notifications in a timely manner, which may delay Resolving the lawsuit and then delaying the acquisition of rights. Therefore, legislation - including Iraqi legislation - has to take this into consideration and work to keep pace with recent developments that have had a clear impact. H in resolving many cases in record time, not to mention their role in minimizing expenses and procedures required by the notification process, in a manner consistent with the aspirations sought in achieving a fair and prompt justice.

Public bids are subject to a number of principles, which collectively represent a guarantee of the integrity of their procedures, preventing tampering with their results, leading to contracting with the bidder who have the best terms and the highest price through open procedure and ensuring the principles of quality, equal opportunities and freedom of competition, announcing is the basic and essential procedure for public bidding, as it ensures the achievement of the principle of freedom of competition and the principle of equality that must be met in its procedure, and when the bid declared individuals express their desire to buy or rent the money by submitting their bids according to the required conditions and the administration choose the highest price of the bidders.
It is known that if the state wants to sell or rent its property, it resorts to biddings, and despite the difference between them in specific issues, which is that tender is a means of contacting for those who submit to the administration with the highest bid, both of which aim to achieve financial amounts for the public treasury.

Execution, as stated in all religions, contains justice that the mind cannot imagine optimal, and it has many advantages that are not found in imprisonment or other punishments, it is a punishment in accordance with the crime, the latter is a deliberate assault on the soul; It would be justice to take the same action, and it is not reasonable for him to lose the father of his son, and see his killer go and become among the people, and he was deprived of seeing his son, and if it is said that the death penalty is a heavy punishment; We say that the crime is also severe, and the hard-hearted criminal is not punished with something not equal to his crime, and it is not reasonable to think of mercy for the offender, nor to think of the pain of the victim or his guardian; This is a reversal of the conditions of sound rational reasoning, and mercy in its place is a clear injustice, rather it is excessive cruelty, and calling it mercy is a mistake that must be corrected, and it is cast in the same offender when committing the crime. Whoever inflicts this death with him, and the thought of escaping from him makes him permanently homeless and will not be absent from the eyes of the censors from the members of the competent security services, nor the relatives of the murdered, and that death awaits him inevitably, long or short, which may prevent him from completing the crime and relinquishing it. If he proceeds to commit the crime, and the penalty has come down on him, then he will be assured of his justice, because it is the recompense for what his hands have earned, and it is the most just ruling of the rulers of God Almighty in His creation.

The issue of foreign labor is one of the important issues due to its side effects that directly affected the reality of the society of any country, whether it was from the social, economic, security and political sides, and this employment left positive and other negative effects on the reality of society, as stakeholders must And the legal and political decision in Iraq to take measures and procedures that would affect the process of organizing foreign labor and limit its negative effects on the reality of local employment.

Changing circumstances is one of the most important bases that allow reviewing judicial rulings. Changing circumstances is the main motive for reviewing these rulings after their issuance, and their exhaustion of legal means of appeal. From the judiciary until these provisions are settled in order to achieve a balance between them and the new circumstances, so that changing the circumstances will have a clear impact on legal life. Including the improvement of the financial position of the debtor with alimony after the ruling on it, or the deterioration of that position. As well as the return of the missing after a court ruling was issued for the death of this missing person and the distribution of all his money to his heirs. There are other examples. In the previous examples, there is a change in the circumstances of the judicial ruling, and this change can be described as a fundamental change As a result, the situation is different from what it was before when the judgment was issued, which requires the intervention of the judiciary at the request of the stakeholders to restore the balance that existed when the judicial judgment was issued.

Public trust constitutes the mainstay of circulation and dealing of all kinds, and perhaps the most prominent crimes that undermine public trust are forgery crimes. The behavior of the dependent contribution (participation) in tax fraud of all kinds is the public confidence that is supposed to exist in dealing with documents, and then anyone who dares to violate this confidence must be punished, and among the basic documents available at the present time are the tax documents that have gained much scope today. From transactions in society, especially financial transactions and the circulation of funds, and the speed and ease of their movement in order to serve them, and in view of the protected interest in the crimes of consequential contribution to tax fraud, we find that the legislator singled out this type of documents with a high degree of protection in order to avoid harming them as they constitute a source of financing the general budget. And the forgery committed against them has a special nature that derives from the nature of the tax documents themselves. in committing and treating it.

The idea of the global government, which has become hesitant in the political and legal arena and in international forums, was associated with the emergence and emergence of many circumstances and circumstances embodied in the search for access to the idea of submission to similar legal systems and work within the framework of one institution to ensure all its citizens an equal amount of rights, To improve their various situations, contribute to the building of a sound economic and financial system, contribute to reducing class disparities and differences in resources, succeed in eliminating wars and conflicts of interest, protect the protection of a system of collective security, Conflicted and oppressed people.
In many cases, the world organization embodied in its various legal and political dimensions an initial form of consolidation of these ideas, but its experiences were marred by many inaccuracies and inaccurate practices which, as a result, The idea lost its luster and further complicated some of its related areas.

: There is no doubt that terrorism terrorism is a great threat to the peace of individuals and interferes with the international outside and its security and increases it. It is manifested by the fact that the perpetrators of terrorist acts do not care about humanity and public and internal relations, including the implementation of their crimes, and the old crimes of terrorism in the late last century and its forms varied and intensified its danger and became threatening the entities of many countries The various countries in different parts of the world, called on the participating countries in or between them and the cooperation between roles and peace from the existence of international cooperation at the national and international levels in order to eliminate terrorism.

The study seeks the importance of official bonds traded by courts, lawyers, and citizens in the corridors of the courts, as they are official documents issued by effective government agencies. As well as the ordinary or customary documents issued by the various authorities and their importance in completing cases before the courts without ambiguity and ambiguity and challenging them for forgery. The study aims to show that these documents have their formality and remove vagueness and ambiguity, prove that their contents are sound, and address their weaknesses and defects. And to indicate the best solutions according to modern methods of proof. The study stood on a problem, the problem of questioning and appealing forgery in the originality of the official document, the issues of delaying lawsuits before the courts, procrastination by the two parties to the case, and the errors that accompany it when writing the summons paper as an official judicial paper issued by a competent court, and what is required to attend without delay and postponement of the case, and among the most important of these problems Doubting the authenticity of documents, and errors that accompany official documents, and the civil lawsuit may permeate some of the maliciousness and prejudice against the opponent through appealing the documents, to leave the case and mislead the judiciary by methods (evasion, tampering, procrastination and compromise) and any lawyer can extend the consideration of any lawsuit to whatever he wants God, therefore, the courts require that the skeptic submit a surety bond and refer the case papers to the investigation court to prove this or not, and if the court concludes that the document is valid, it includes the fine against him by executive means and without prejudice to the right of the aggrieved to seek compensation. The descriptive-analytical approach was used for the articles of the Evidence and Pleadings Law to analyze its contents to identify weaknesses and treat them. The study concluded that electronic proof has become necessary in civilization today's world and that its emergence led to the shaking of traditional written evidence and many areas in life that modern concept. She emphasized that electronic proof of court documents is the best alternative to accepting electronic evidence and proving the documents presented before the courts as written evidence and with reliability. They may be devoid of errors, and the best way to prove that bonds and court papers are official documents issued by a competent employee under the law.

The importance of this research is due to: by trying to define power as a legitimate use of power in a socially acceptable way, which is the legitimate power that a person or group exercises over others, and the element of legitimacy is an important element of the idea of power, and it is the primary means by which power is distinguished from other, more general concepts of power. Force can be imposed by force or by using violence, and authority, in turn, depends on subordinates accepting the right to those above them from the leaders to issue orders or directives, and theories developed about authority differed according to philosophers and eras, and this is the goal of the research.
The limits of the research: The research studies five demands, the first of which is: the concept of authority, linguistically and idiomatically
The second requirement: theories of the emergence of power according to the philosophers, the third requirement: the types of authority according to the philosophers, the fourth requirement: the analytical framework of authority according to Aristotle, and the fifth requirement: techniques for accessing power according to Machiavelli.

onsensual compensation is an agreement in which the two contracting parties specify in advance the amount of compensation to which the creditor is entitled if the debtor does not fulfill his obligation, breaches it, or delays its implementation. Subsequently, because the agreement on the penalty clause was not intended for its own sake, but was made on the occasion of an agreement on another obligation and with the intention of compelling the contracting party to implement it. It is an agreement that does not generate an original obligation to compensate, but rather creates an accessory obligation to estimate the compensation,
and the judge has the power to modify the agreed compensation by increase or decrease.

The practical needs of the person necessitated the assignment of another person to carry out a legal work that belongs to him, due to the existence of an impediment that hinders him from undertaking this work himself, such as the state of illness or his distance from the place where he intends to conclude the contract or because of his lack of experience in a certain field. Thus, the importance of the agency has emerged; In view of the great role it plays in overcoming the obstacles that hinder the completion of the conclusion of contracts; Due to the inability to attend Al-Aseel for any reason.
So the person delegates someone else to replace himself, and he is obliged to accept the behavior of the agent without his complete consent, and therefore most of the legislations have decided on the right of the principal to dismiss his agent, but this right is not an absolute right owned by the principal and uses it whenever he wants, rather it is restricted by not The right of agency is related to third parties, but some laws have gone to withdraw this principle from the agent and obligate him to remain on his agency if it is also related to the right of others, and in the event that this matter is achieved (the agency is attached to the right of others) the principal cannot dismiss his agent, and the agent’s right is restricted to dismissing him for himself in order to preserve on the interests of others. If the non-separable agency means depriving the principal of his right to dismiss the agent, it was expected and in this case that he would find jurisprudence on his part to present a general concept of the term non-separable agency. As for the Iraqi law and comparative laws, we found that this type of agency has There was a lot of ambiguity, as we found only some legal texts related to this agency, in addition to some of its judicial applications, if we know that the Iraqi legislator has adopted Islamic jurisprudence in a large proportion of its legislation, outweighing its counterparts from the comparative Arab legislation.

The Changes in the phenomenon of armed conflict in the post-bipolar era, has changed the contours of the war, making its methods, mechanisms and objectives more sophisticated and deadlier for civilians and civilian objects, as well as its adverse effects on combatants and military installations, At an era when one international pole prevailed, and witnessed the active role of war brokers and death traffickers, the so-called shadow soldiers, who set up mercenaries as insurance companies, to secure those seeking protection for the price. That contravened the Charter of the United Nations and the 1997 United Nations Convention against the Recruitment, Use, Financing and Training of Mercenaries, constituted a crime and violated the principles of international law in territorial sovereignty, the right of States to territorial integrity and the right of peoples to self-determination. It also violates the principles of international humanitarian and human rights law.
The study concluded that the system of international bipolarity was more guaranteed for international stability than the system of international unipolarity, which had contributed to fuelling international conflicts, led to the emergence of new and deadly forms of armed conflict, which had contributed to further violations of human rights at the international level, and led to the collapse of developing countries' own capacities. The study recommended that States develop their legislation to limit the use of their land and recruit their nationals to serve mercenaries, whose activities were aimed at undermining the integrity of the State's territory, overthrowing the political system, violating human rights or undermining the right to self-determination.