AL- Mouhaqiq Al-Hilly Journal for legal and political science

The adherence of states to the traditional theory of administrative contracts has become an abnormal behavior that stands in the way of achieving the public interest, which is the essence of establishing the administrative contract, in a way that distinguishes it from the legal superiority of the contracting state to ensure the achievement of the public interest. Since the requirement of the traditional system in contracting, the entry of the state as a party to the contract with its general authority at the internal and external levels, contradicts the requirements for building a contractual relationship that crosses international borders, the states and their contractors found it necessary to modernize international administrative contracts in line with their connection with the interests of international trade.
From all this, it has become the adherence of states to the traditional theory of administrative contracts, in a way that distinguishes it from the legal superiority of the contracting state to ensure the achievement of the public interest. An abnormal behavior that stands as an obstacle to achieving the public interest is the essence of establishing an administrative contract. Therefore, the requirement of the traditional system of contracting, the entry of the state as a party to the contract with its general authority at the internal and external levels, conflicts with the requirements of building a contractual relationship that crosses international borders. From this point of view, the states and their private law contractors within the framework of international trade found the need to agree to include more contractual conditions or legal solutions related to the rules of private law, intertwined with the contractual system and harmonizing its administrative nature with its economic content, and makes it characterized by a hybrid legal nature of the rules of public and private law, allied to build a nodal technique that suits the economic performance of the contract as a legal and economic tool for globalization, and it is therefore not a legal and economic fact that can be controlled by blatant text in legislation or judicial rulings and decisions of international arbitration centers, as well as the difference Jurisprudential opinions in adopting a particular term can indicate it. In this way, it is inevitable to put the idea of the international administrative contract into a general framework, which is entrusted with the rooting of its idea as a tool for globalization, by referring to the texts of legislation, judicial rulings and the opinions of jurists.

Within the framework of the international administrative contract, states and their contractors have adopted more realistic ways. These methods are based on contractual consent between the two parties in the face of general risks that threaten the economic stability of the contract. The basis of these methods is through the delivery of the two parties to the contract by dealing with the consequences of the state’s exercise of its public powers, and the economic disruption it causes to the contract, consecrating in it the idea of the independence of the contract in dealing with variables with a contractual technique that the two parties agree upon, and to the extent possible to implement the contract in the required manner.
The contractual guarantees in the international administrative contract are in fact applicable in the theories of financial balance of the administrative contract within the framework of traditional guarantees of administrative contracts, except that the contractors are the ones who undertake this task. Thus, the idea of administrative contract autonomy approaches familiar financial equilibrium theories as a traditional objective safeguard against economic risks.

The decision issued to stop the executive procedures and the consequences of delaying them shall be in certain cases in which the executor of justice is obliged in Iraqi law or whoever is in the same judgment in the laws under comparison, and in other cases the law permitted him to issue that decision when what necessitates stopping the procedures is achieved. On the other hand, there are other cases when a judicial ruling is challenged. The court has the power to issue a decision to stop and delay the executive procedures if it considers that it is in the interest of the convicted person to do so, taking into consideration also the interest of the convict. Therefore, cases of stopping and delaying executive procedures are not the same in their source. On the other hand, it is not realized in any of the cases unless there is a legal text that permits its verification.

The principle is that the usurper does not have the right to dispose of the usurped money, because he is a trespasser and has bad faith and his hand is a guarantee. However, the presence of the usurped in the hands of the usurper would tempt him to dispose of it with the precautions of jurisprudence and law that the usurper must return the usurped money to the usurped from him in order to prevent between the usurper and Reap the fruits of his usurpation, but the duration of the usurped money remaining in the hands of the usurper may be sufficient to dispose of the usurped money, whether this act is an actual act or a verbal act , The problem of the research lies in that the civil legislation in question did not mention the rule of some of the actual actions that the usurper performs in the usurped money in the articles related to usurpation, although some of these legislations mentioned the rule of these actions in the articles related to the subject of adhesion and others mentioned the rule of these actions in the related articles Possession, and through this research we reached a number of results, including that the Iraqi legislator treated the case of changing the usurped spontaneously by nature , This is in the first paragraph of Article 194 of the Civil Code, and this paragraph deals with the case of the change of the usurped itself that leads to deficiency and damage, and it did not deal with the case of the change of the usurped itself that leads to increase and benefit, as if the usurped was small and became large or was lean and became fat, and we suggested through This research has a number of proposals, including the Iraqi legislator to reconsider the provision of Article (119) of the Civil Code and to give the owner of the land the right to request ownership of the modernized property without restricting it with any restriction, and its value is due to be forcibly removed from the bad faith builder or planter, because this article faces a situation The builder or the planter has bad faith, and it is not reasonable to protect someone who attacks the property of others in bad faith.

In light of the state’s legal regulations and rules, this study seeks to pay attention to the role of the legal center for foreigners to achieve development and attract foreigners, as well as understand the types of foreigners and distinguish them in terms of the foreigner being a refugee, immigrant, investor, tourist and others, according to the considerations that the State takes into account when enacting legislation to regulate their rights and according to what It is required by economic and security considerations related to security and order within the state to preserve its sovereignty and entity, and to draw strict restrictions regulating these rights during the residence of foreigners inside Iraq. It is required by the requirements of its security and safety in this context, and then a conclusion that includes the most important results and proposals

Today, the legal state has become an urgent need for political parties to practice their activities, as through these partisan activities individuals can express their political tendencies and intellectual tendencies, and without partisan action, society becomes an expression of one color, which is the color of the ruler, so states usually give the political party a legal personality legal personality, which enables him to enjoy rights and assume duties, not to mention that this legal personality granted to a political party, like the legal personality granted to a natural person, has a beginning and an end. The legislator, whether in Iraq or other countries, was concerned with that recognition because of its special importance to political groups, and the legal personality of the political party does not remain for the duration of time enjoyed by the political party, but there are cases that lead to its end were precisely defined by the legislator.

In fact, electronic commercial advertisements constitute an influential role at the present time, especially after the openness that occurred at the level of trade as a result of the technological development that extended its misguidance to the commercial process. These advertisements became an indispensable means for the producer and the consumer at the same time, but despite that We find that these advertisements may cause harm to the consumer as a result of the lack of credibility and realness of these advertisements due to the fact that they are made on the level of the electronic virtual world with the absence of censorship, which may misuse these advertisements by some advertisers through deceptive methods to influence the consumer's conviction and push him to show His desire about the advertised goods and products, and with the presence of this negative aspect in electronic advertisements, it has become necessary to establish legal bases to protect the consumer .

The legal structure of any crime consists of the unlawful character of the activity or the act committed , Which is determined by the legal text that is the source of the character of the criminalization of the act, Then the material element of the crime and the moral element, and this is what is known as the general pillars of the crime, as they are found in all crimes and do not differ in any of them, so if one of them is excluded, there is no crime at all. However, each crime has its own elements that distinguish it from other crimes, which are the pillars required by the legislature in relation to each crime… and they are added to the general pillars to give the crime a legal name, so the importance of research also lies in knowing the elements of the crime of assaulting trusts and criminal highlights like the rest crimes. Therefore, we had to present a detailed and modest study on this subject to show some flaws or powers in the legislation because I am a member of the internal security forces, and this is what makes me proud.

The astonishing development in the arms industry and the ability to own and adapt modern military technology to ensure superiority in the field of nuclear deterrence, in addition to the ongoing arms race, which is still practiced by a group of nuclear states, which did not abide by the provisions contained in the agreements on the necessity of disarmament, which indicates On the seriousness of the situation and the impossibility of controlling the space activities of states, and consequently the inability to respect the principle of the peaceful use of outer space.
And that outer space cannot be an easy area for peaceful use unless states and international organizations make great efforts to enhance international cooperation in it, in addition to taking the necessary care for the participation of all in its activities in order to make maximum use of its resources.

The constitution is the supreme law in the state and all public authorities in the state are bound by its provisions and work according to it. However, in some cases the constitution may be tainted with some defects such as deficiency, shortcomings, ambiguity, contradiction, and lack of clarity in the legislative drafting, which affects its implementation, which requires identifying and addressing these flaws from Interpretation of the texts of the constitution in line with the importance of the constitutional document. Therefore, we find that constitutions have been keen to specify the authority that undertakes this task. Therefore, most constitutions make the judiciary and specifically the constitutional one who undertakes this interpretative task of the texts of the constitution, but within the framework of adherence to the will of the constitutional legislator, whether apparent or implicit in particular. And that the will of the legislator varies, to appear or not to appear, in addition to the need to know the position of the Constitution of the Republic of Iraq for the year 2005 on the issue of judicial interpretation of the provisions of the constitution through discussion and analysis of the decisions of the Federal Supreme Court and the channels through which the interpretation of the provisions of the constitution is exposed, in addition to knowing the legal adaptation of these decisions issued by court.

Implementation of the state’s general policy is one of the important functions of the Prime Minister in the permanent constitution of 2005, which stipulated that the Prime Minister plan and implement the state’s general policy as well as the internal system of the Council of Ministers in 2014. In other words, the Prime Minister is the main driver in planning, implementation and follow-up through the Council of Ministers. Executing the public policy means taking all necessary actions to achieve the desired goals. That is, the implementation of the public policy is a constantly flexible character. The implementation of the general policy as one of the functions of the Prime Minister comes through the concentration of material and human capabilities and the like. The public policy objective is a result that is intended to be achieved within a certain period of time, with the lowest costs and the highest benefits that accrue to society. What came in the Lebanese Constitution of 1926 and amended in 1990 made the Prime Minister a procedural authority only in accordance with Article 65 of it. As for the Jordanian Constitution of 1952 and what came in Article 35, which states that the Prime Minister does not enjoy complete independence from the person of the king of the country, as the powers of the King are absolute.

The study dealt with the legal provisions regulating the actions of the purchaser of the preempted property and the legal consequences thereof, and proving that these texts were not completely fair to the purchaser when compensating him for the expenses he had spent on the property that the intercessor would expropriate from him if the intercessor was in good faith because he did not know the desire of the intercessor. The preemptive drug was taken, and we simplified the study into two sections. In the first we dealt with the definition of these behaviors, and in the second we dealt with the legal provisions resulting from these actions, and we concluded it with a conclusion in which we indicated the results and recommendations proposed for it.

Societal developments have played a major role in legislating laws that meet the needs of people, and as a result a new law was passed for Traffic No. 8 of 2019 dealing with defining the concept of vehicles indicating their type and then indicating how to transfer ownership of vehicles and has added legal directions to solve the problems that may occur to transfer ownership due to this contract of formality It requires registration in the specialized department, and sometimes the registration of the vehicle is in the form of an external traffic contract, so the effect of this type of contract must be indicated, based on the foregoing, we will show in this research how to transfer the ownership of vehicles while specifying the new legal directions that the traffic law came to The new Iraqi vehicles in the ownership of the transfer of legal basis and then show the impact in the event of default for the transfer of ownership procedures, and if we finished it will Nakbh the most important conclusion we mention the findings and recommendations

The research aims to study the reasons for the establishment of Organization the World Trade, and what is the expected role it in terms of achieving economic development. Many international experiences have shown the importance of openness to foreign trade, which formed the impetus for many developing countries to join the World Trade Organization. Economic and efficiency in allocating resources, attracting foreign investments and expertise, and opening foreign markets to Moroccan goods. All of this contributed to revitalizing the export sector and achieving more growth and employment, and the most prominent recommendations were to work to strengthen and develop the role of the World Trade Organization to serve the economic development process for developing countries and achieve a fair international trade system.

The concept of soft power is a relatively recent, although it has ancient applications. However, the first person who declared it and demanded its application was the American political scientist "Joseph Nye" in the eighties of the last century at that time. Soft power had known as the description of the ability to attract and annex without coercion or use of force. As a means of persuasion in recent times, the term has been used to influence social, public opinion and change it, through relatively less transparent channels, and pressure through political and non-political organizations, the United Nations as an international organization has various means to enforce its decisions on its member states, including the means that rely on hard power using force Compulsion as it has methods based on soft power, i.e. persuasion and influence that makes states follow those principles and decisions of the United Nations on their own. The mechanisms of soft power that the United Nations possesses should be strengthened through the formation of a permanent committee that closely follows up the cases in which the United Nations can intervene in it by using soft power strategies to resolve conflict and promote peace.

Since advanced technology is a measure of the scientific and technological progress of its owner, and indeed it is a cornerstone in the economies of developed countries, there is a prevailing perception that the contract of technological research and development always carries with it advantages for its two ends, whether that is by providing solutions to intractable problems, or finding new ways of certain production, However, we find that the contractual patterns that developing countries resort to for technology transfer raises controversy, because of the unfair conditions they contain that greatly restrict their ability to legitimate competition, as one of the reasons that does not allow the development of transferred technology, in a way that makes it capable of dealing with the progress of time. The high technical and material capabilities of foreign companies made them control the technology and have the exclusive right to develop it, and here was the need of the developing country that concluded the technology transfer contract to conclude contracts to develop the transferred technology in addition to searching for new technology serving the transferred technology. In order to clarify what this contract is, we will divide the research into three sections. In the first, we explain the concept of the technological research and development contract, and in the second section we explain the adaptation of the technological research and development contract As for the last We discuss the reality of the research and technological development contract in Iraq.

It is known that (legal capacity/ La capacité juridique) is the ability of a person to acquire rights and exercise the prerogatives attached to them,it is an ability of a person to be the holder of rights (The capacity to enjoy/La capacité de jouissance) and to exercise them (The capacity to exercise/La capacité d'exercice).It is one of the general rules that comparative jurisprudence and the court adheres its provisions, but in light of the division of comparative jurisprudence and judiciary in the different legal systems in determining the legal nature of the negotiations, between being merely material facts (tortious nature) and being legal act (contractual nature), on the one hand, and what has been adopted by the amendments to the general rules in some countries, especially, the amendments made by the French legislator to the general rules of French civil law, in creation of the legal regulation of the pre-contract negotiation phase, on the other hand;We have a problem of legal capacity in the negotiating phase, as it requires in the process of concluding contracts, requires that the negotiating person be legally competent,i.e.Which is the capacity of the contract that governs the implement of all legal acts, required in the moment of conclusion of the contract, which is the moment when the capacity to contract,and here the problem, in determining the legal adaptation of legal capacity in the negotiating stage,is it capacity to negotiate or capacity to contract or(The capacity of negotiator to conclude the contract/La capacité du négociateur de contracter).

A well-known trademark is an ordinary trademark that, in terms of its definition and conditions, is subject to the general provisions of trademarks, but it has been known in the markets and has attracted the attention of workers in the field of industry, commerce or services; Because it is placed on high-quality and distinctive products, which made it enjoy global fame, and that this fame comes as a result of several factors, including the use of the mark (the use of the mark for a long time on the products or services that distinguishes it), its popularity, its large distribution and spread in global markets, its frequent advertising, quality of production and regularity of service. And other factors that make the brand world famous.

The subject of the constitutional case is one of the thorny issues in jurisprudence and legislation. It is known that the law, that is, the legislation issued by Parliament, is subject to control over the constitutionality of laws, but there are other acts issued by Parliament that are parliamentary actions and they mean everything that one or both houses of Parliament or any employee in Parliament does. From material or legal acts other than legislation, these acts raise controversy in their subjection to the oversight of the constitutionality of laws and differ according to the constitutional structure of each country. Iraq is one of the countries of the dual judiciary
With the existence of two bodies of ordinary and administrative judiciary and according to the second amendment of the State Consultative Council No. 108 of 1989, the regulations became considered by the Administrative Judiciary Court, and this means a positive conflict between the Federal Supreme Court and the Administrative Court in the view of the regulations (regulations), and with regard to the reference in determining the constitutional case If the constitution does not raise a problem as it is the first reference in determining the constitutional case, then the constitutional custom raises a major problem, especially the custom.The average for countries with static constitutions, as well as declarations of rights raise a problem in that and according to the constitutional structure of the state and also Islamic Sharia, where the second article of the Iraqi constitution of 2005 states after Islamic Sharia is a source of legislation and it is known that Islamic Sharia differs according to jurisprudence in assets, not to mention branches.

The state is the cornerstone in the life of individuals and society, as it is relied upon to satisfy their general needs and achieve the public benefit. second to do it.
In order for the state to play this important role in society, it must have institutions and bodies that enjoy a public personality capable of legal action for the sake of the group (the people), which is a second pillar of its establishment.
Therefore, the state has the right to enjoy power and privileges in the face of all, so it exercises authority within a sound democratic framework with the aim of achieving the common public interest, which guarantees its sovereignty and transcendence over all.
This sovereignty is the cornerstone of its construction and one of the effects of its establishment, so the authority performs its vital functions, especially those related to drawing public policy and supervising its implementation, if necessary, the political authority is concentrated in the capital, or this authority may be distributed within its territory in the states and regions.
This occupied the mind of many jurisprudence as a result of the increasing emergence of unions between countries in a desire to enhance ways of understanding and cooperation between them within the union, in order to achieve the common goals and interests for which the agreement was established.
The federation is one of the most important and widespread federations in the world. This system includes a group of states or regions linked to each other to achieve specific goals, provided that these states retain part of their sovereignty and independence in the face of the union state, where the division of powers is clearly and effectively.
By considering that some of these competencies are exercised by the federal central authority, which is sovereign over all states and regions, and the rest of the competencies are exercised by regional bodies enjoying independence within those regions.
We note in the recent times the interest of political thought and jurisprudence in the issue of the distribution of constitutional competencies and considered it a special and distinct constitutional issue, and therefore our research is the product of an idea for a specialized study in analyzing the constitutional texts of the federal state.

The state of necessity in the Iraqi criminal law is one of the barriers to criminal liability and it is of a personal nature related to the perpetrator, and the legislator has set many conditions for it if these conditions are met, the criminal responsibility is abstained from the perpetrator, but civil liability remains in place, so the perpetrator is obligated to compensate for the damage he caused, but he is not subject to criminal punishment. However, the state of necessity does not in all its cases necessitate the exclusion of criminal responsibility and the preservation of civil liability, as some cases require excluding responsibility in both its criminal and civil forms, which is considered a justification and not a reason preventing criminal liability. Note that the Iraqi criminal legislator Count the case of necessity in all its cases Preventing criminal liability This is contrary to justice; Because there are cases that should fall within the reasons for permissibility Because it causes harm For the one who does the necessity For the benefit of others or for the benefit of the victim himself That is why we have highlighted the concept of criminal necessity, And distinguish it from what is similar to it and the position of jurisprudence and the Iraqi criminal and comparative judiciary in determining its nature as well as its nature in other branches of law.

Liability is one of the most important legal topics that must be highlighted and researched, as it deals with many important issues in the lives of individuals, and from all this development that the world is witnessing and with all these development in the field of modern industries, many things have emerged that were previously unknown Including environmental pollution.
As we find that the practice of any activity that leads to damage to the elements of the environment is considered an assault on them, which entails the responsibility of the offender before the law as a result of harmful actions, and what can be observed in this regard is that the specificity of damage to the environment poses several difficulties in determining the basis of responsibility in this field, and the adequacy of these foundations to cover all actions harmful to the environment by the investor.

Islamic Sharia has permitted medication that takes into account the necessity of man and his need for treatment by every action and medical means with which the preservation of the human soul is achieved and to the extent that does not conflict with its provisions. Which is legislated by God Almighty, which prompts them to resort to specialized centers where modern medical techniques are practiced to treat infertility and help with pregnancy and childbearing .

The oil industry in most producing countries suffers from a great backwardness and does not keep pace with the advanced technology in this field, as it has become necessary to reconstruct and develop this sector again, and this can only be achieved through large oil companies that have technical and technological capabilities at a level, and this is done through oil contracts Concluded by the oil-producing countries with the investing companies, their parties are keen to determine the rights and obligations of each of them. Despite that, contentious issues can arise about the application or interpretation of one or more obligations of the parties to the contract, and then a conflict occurs between them, which necessarily necessitates the availability of neutral and effective means to settle disputes. these contracts .

Parliamentary councils occupy an important role in parliamentary systems through building the legislative system that contributes to achieving societal stability and building the rule of law and contributing to its welfare. During its role in the legislative field, and the exercise of oversight functions to monitor the relationship between the legislative authority and the executive authority, because the nature of this relationship affects the performance of the political system’s functions. As it is not the function of the political opposition to set obstacles to the authority, and it is not the function of the authority to suppress the political opposition. Rather, the opposition can have a major role in building the state by correcting the work of the government, which contributes to achieving a balance between political forces and makes it work accurately because it knows that there is a body that monitors and criticizes its work.

Documentary credit is a very important process in international trade, as it is a contract that provides protection to its parties, facilitates their task in their commercial transactions, and gives confidence and security, because a buyer of goods from another country can obtain confidence in his dealings with the seller by opening a documentary credit in The bank, which plays its role in disbursing the amount of the credit to the seller, but after confirming the bills of lading, which represent the shipped goods in favor of the buyer, this is a facilitation for the buyer, and for the seller as well. The research is the bank’s obligations in the documentary credit, which are towards the seller and towards the buyer. He is obligated towards the buyer (the ordering customer who opens the credit) to open the credit and inform it to the seller (the beneficiary), and also receive certain documents from the seller, examine them, and then send them to the buyer through which he can To receive his goods, and also the bank must be obligated to carry out all the instructions of the buyer who opened the credit literally without interpretation or change, while his obligation - that is, the bank - towards the seller (the beneficiary) is to pay the amount of the credit After examining the documents submitted by him and ensuring their apparent conformity with the letter of credit.

We have shown in this research the importance of the role that nationality plays in international private relations, whether at the level of persons and the mutual legal relations between them or at the level of money and actions. It is the tool by which the legislative competence and the applicable law are determined. Our premiums on some judicial applications and judgments arising from the jurisdiction of the courts on which it is based. Nationality plays a prominent role in determining the internationality of the conflict, whether or not, based on the parties to the conflict or the place of the conflict, as its consideration as a criterion for determining the national status of persons is based on several philosophical justifications such as the spiritual and material affiliation to the country in which the person resides and lives, and this in turn leads to the stability and stability of the legal system To which a person is subject in his relations, in addition to enabling the state to have legal and political control over its patriots and to preserve their rights from being lost. We have also shown some of the results and recommendations that were reached through this research.

One of the duties of the court judge is to ensure the equality of the adversaries And to make all the decisions that would benefit the investigation, the detection of the crime and the truth Legal guarantee of the parties to the proceedings as a means of accessing the truth and ensuring access to judicial proceedings When one of the reasons set out in the law came to light, we found an exception to the rules of spatial jurisdiction where it could be possible At the request of one of the parties to the proceedings or the court hearing the case, and the decision to transfer the case to It may not be challenged whether or not the decision to accept the transfer is an administrative decision that is inadmissible.

A person with a disability, regardless of the nature and degree of disability, is considered human in the first place and disabled in the second degree. He needs to be accepted as an individual who has value by himself and by others as well because the impact of such a person is great on the family, and despite that, he is no different from the rest His family members are in terms of importance in satisfying his needs, and despite the importance of disability, it can be considered secondary to their needs. Disabled people resemble ordinary people more than they differ from them with regard to their basic needs. Most of the countries of the world have taken care of people with disabilities and special needs, so they issued many charters, whether they are (international or internal) charters that have been keen to ensure their enjoyment of rights in all areas of life, so that all the obstacles that stand in their way are removed and then they can contribute to the development of society. Like their peers in the community, in addition to that, it provides some privileges that guarantee and provide them with a comfortable life.

The criminal judge exercises his social role on the community organization ,as this role is to study the personality of the offender from all its psychological, mental ,physical ,family and social aspects and in the light of the result of this study, the appropriate measure is decided for him and this role is clear in the event that the offender ' juvenile' .
The importance of this role is increased by the judge ,but this task needs tools, the most important of which is the presence of an office to study the situation of juvenile at a level of competence and special courts to try juvenile delinquents and specialized judges, as well as special guarantees for this age group because it is a special category , in addition to granting the juvenile judge sufficient discretion in order for this role to appear the result by taking appropriate measures with the case of the delinquent juvenile and avoiding negative effects as much as possible.

The issue of parliamentary representation is one of the issues that is considered the basis of the democratic process, and therefore its stability is reflected in the stability of society. The division of electoral districts is effective in making the country’s ruling system and its stability; It is considered one of the most organized ways for peoples’ freedom to exercise the political rights guaranteed by constitutions, including the Constitution of the Republic of Iraq for the year 2005 through what Article 50 stipulates: “Citizens, men and women, have the right to participate in public affairs and enjoy political rights, including the right to vote and vote. and nomination.” The requirements for the establishment of a democratic system, especially those related to the rights of individuals to vote and nominate, and not to deviate from it, are what made it the responsibility of the legislator to intervene in setting the principles regulating the voting process, including the electoral district, which is one of the pillars of that process.