TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

According to the principle of binding force of the contract, it is not permissible for one of the contracting parties or a third party to interfere in the modification or suspension of the implementation of the contract, but the problem is whether one of the parties, individually, or the judge or the legislator, may interfere in the formation or implementation of the contract, modify the terms or conditions of the contract, or stop the implementation of the contract, or terminate the contract during its validity period in an absolute manner ? Are there exceptions to the principle of binding force of the contract so that the contracting party is allowed to act unilaterally, or for the judge or the legislator to interfere in the contract in terms of modifying or terminating the contract?
The importance of the research is that it deals with the exceptions that limits the principle of binding force of the contract whether the amendment was made by the unilateral will of one of the parties to the contract, or the judge intervened, or the legislator intervened to amend this principle to protect the public interest, and all of this is a departure from the principle The contract is the law of the contracting parties.

Our vision is based on the fact that constitutional law does not enjoy the existence that the constitution enjoys, and if most of the studies have been preoccupied with considering its subjects as legal rules, then we have an opinion that contradicts and contradicts that, as we do not see in it a law in the technical sense of the word, but rather it is a science, and if we exclude the opinion that It is condemned by a minority of natural law jurists - everyone's feeling of respect for the constitutional rule is sufficient for it to acquire a legal character - we do not see constitutional law except in the idea of constitutional science that examines what it was - how the state arose, what is the origin of its existence, what is the idea of the constitution, what is the value of its rules and what are they what it is; It also examines - what is an object - what is the form of the state, what are the characteristics of this form, and what are the elements that distinguish it from other forms of states. And what is the adaptation of the system of government, the description of the government and its divisions in terms of the source of sovereignty and the exercise of the sovereign’s authority, and the images of the rights and freedoms of individuals - in addition to his research on what will be - shows to what extent the implementation takes place in accordance with the provisions of the Constitution and the laws complementing it or to what extent the application takes place away from these provisions.
Thus, whoever undertakes research in this science must be familiar with the history of the idea of the state. It is also necessary to know the developments that took place in history and affected the course of life in countries - their constitutions- as well as, to know the laws of nations and their environments and the impact of different systems in them. This requires guidance from the results of the theories that reached and affected those countries. An example, whoever sets himself as a legislator for his country cannot be truly useful and productive, unless he is familiar with legal sciences and ancient and modern laws, and takes note of these laws and the extent of their impact on different environments and knowledge of their compatibility or conflict with the nature of nations.
From the foregoing, it can be said that constitutional science is a science that everyone who wants to understand the state, the constitution and the various systems of government should know, predict their effects, and have a role in applying them correctly.

The subject of this study revolves around the electoral systems that were applied during the Iraqi political life after 2003 and to the electoral system legislation No. (9) for the year 2020, and to know the transformations that Iraq witnessed in each electoral cycle, and the reasons for changing the electoral system in each electoral cycle and the extent of the interference of the will of the parties The political process in this and the results it left behind affected the stability of the political process on the one hand and its impact on popular participation in the elections on the other hand. Through this study, we will stand on the flaws that plagued each electoral system, its causes and the extent of the success of the last electoral system in meeting the aspirations of the Iraqi street In the conduct of political reform in the country and what is the most appropriate electoral system that can be commensurate with the reality of the political and social formation of Iraq.

Electronic contracts are concluded at every moment and form an essential part of our daily dealings of its ease and clarity, establishing contractual relationships through the Internet where you are roaming the whole world and you are in the same place and concluding contracts without having to move to the whereabouts of the other party and away from the concept of traditional trade that requires the transfer of one party to the other and the inspection of the sale for acceptance and payment of the price financially, However, there had to be a legislative framework that protected and regulated such actions to protect all parties, especially those relating to the eligibility of the parties to the contract, the consequent lack or absence of capacity and the impact of the imbalance caused by them, and the impact of the different legislation and law applicable on eligibility in the event of a dispute.

The state is one of the distinctive features of our modern era and the life of the peoples at the present time, the more strong and able to face problems and meet the needs of the people be a successful state and vice versa, and sometimes the life of the state goes through multiple stages between strength, weakness, victory and refraction, and between these stages there are features that characterize the character of this state, which must resort to quick solutions to the face of its decline towards failure and collapse in maintaining its entity.
The so-called state failure has emerged at the legal and political level to study this state-wide situation, which is often accompanied by civil war and human rights violations; and solutions to address them, to the extent of military intervention in the state with the aim of saving its population and addressing the shortcomings of the state.

Maintaining public health is a basic requirement for every individual in society. Therefore, the state must preserve, protect and promote it to the maximum extent possible, and public health is one of the main and important elements of public order, as the state in general and the administration in particular have the duty to protect in the event of a threat to the public health of society, such as the spread of epidemics and diseases. The Corona virus at the present time, whose spread is a global epidemic, has required administrative control bodies to protect and preserve public health. The Corona virus continued to spread.

Any person urgently needs to be free of himself and feel calm and serenity, away from people’s monitoring of what he says and expresses from thoughts, opinions and attitudes on the Internet, and he can achieve this greatly when he enjoys the right to anonymity via the Internet or the right to use a pseudonym, which means “the right of any person to entering the Internet by another name other than his real name, or with another identity other than his real identity” however enjoying this right does not prevent the Internet user from using his real name and identity, so it remains a private matter.
And this solution is of great importance because of its modernity and constitutes one of the new digital rights conception imposed by the electronic judiciary, which is an extension of human rights in the tangible world , but does enjoying this right give its holder protection from any tracking or issue when he commits acts that constitute crimes via the Internet? but is the enjoyment of this right given to its owner the potection from any tracking or matter when committing acts that constitute crimes via the Internet? and can he hold off his right against leaking any information about his real identity without his permission? and does this obligate the online shelter operators to break this confidentiality upon request from the competent authorities.

This study bears a title related to people's lives in its medical and social aspect, in which we deal with plastic surgery in its legal framework, by exposing the legal vision of this type of operation that has become common in our time.
Cosmetic surgeries, or as doctors call them, have played a major role in our lives today. Many see them as the only solution and outlet to get rid of the defects they suffer from, and they are often of more psychological importance. This has become one of the recognized operations in all countries, and it is distinguished from others. One of the surgeries that performing them is a luxury and is not necessary for the continuation of life, so the legislation was the most strict regarding the responsibility of the doctor in plastic surgery when the damage occurred, unlike in other operations, and in fact the responsibility of the criminal plastic surgeon does not differ from the responsibility of the doctor in general, it is He bears responsibility for the damages resulting from his mistake.

The radical change of the political system that took place after the fall of the previous Iraqi regime in April 2003 and its transformation from a totalitarian regime to a democratic system, and from a one-person system to an institutional system, which led to a radical change in political and social life. A new political system came based on democratic foundations that reached To govern through elections (with the exception of administrations of the Governing Council, the interim government and the transitional government that was appointed by the occupation authority). In light of the 2005 constitution, Iraq has relatively moved away from the substantive and formal rules, foundations and characteristics of the parliamentary system, as the constitution did not adopt a pure parliamentary system, because this The system assumes the existence of a horizontal relationship between the constitutional institutions that exercise power. In Iraq, the relationship between institutions that exercise power was a vertical, gradual relationship.. At the top of the pyramid is the House of Representatives, then the President of the Republic and the Council of Ministers, because the approach adopted by the Constitution is dominant. The Council of Representatives with the expansion of the powers of the President of the Republic, which led to determine the work of the Council of Ministers in some areas and diminish the powers of the Council of Ministers in the field of competence, and this led to breach of the foundations and characteristics of the parliamentary system and breach of the principle of cooperation, balance and harmony between the parliament and the government In addition, the drafting of the constitution came to embody the formulas of consensus, quotas, distrust among political parties, the fear of establishing a strong democratic government, the failure to show opposition in parliament or the absence of active opposition that will be.

The administration has the discretion to take internal administrative measures against its employees in order to achieve the public interest, and in some cases the administration uses its discretion in order to impose punishment on the employee without following the disciplinary measures mentioned by the legislator in the law, where the administration carries out internal administrative measures against the employee under the cover of interest The general facility for the public facility, but in fact it is a disguised punishment against the employee, with the aim of getting rid of the administration from the employee at the easiest costs and with the aim that its internal administrative procedures are not subject to the control of the administrative judiciary, and this procedure is illegal and subject to cancellation, because this procedure is considered a disguised punishment against the employee, as This is a blatant attack on the principle of (legitimacy of punishment), and it is also considered the abuse of discretionary power by the administration against the employee, and this topic received great attention by the administrative judiciary when it extended its control over administrative decisions related to employees in terms of their legality and illegality, and through extrapolation Administrative Judiciary Applications This study focuses on some of the criteria set by the administrative judiciary in Iraq and the Kurdistn Region-Iraq to reveal the penalties disguised.

What is meant by freedom of opinion and expression is the ability of a person to express his thoughts and opinions freely regardless of the means by which he exercises this right, whether it is through the Internet, theatre, cinema, radio and television, direct speech such as speeches, newspapers and magazines, or what may be innovation in this field in the future.
The right to freedom of opinion and expression is one of the fundamental human rights, and given the importance of this right to both the individual and the state, it has been affirmed by international positive legislation such as global and regional declarations of human rights and international charters and agreements concerned with human rights. A basic pillar of democracy, and it is one of the most important guarantees of democracy and one of its most prominent forms. Without freedom of opinion and expression, other freedoms can be violated and lost, as it is a means of pressure and correction for governments to limit their tyranny, their exclusivity in power, and their violation of the rights of individuals.

The constitutions of all countries have taken care of the right of the administrative authority to issue administrative control decisions in order to protect public order, as the same constitutions have instructed the public authorities to ensure the care of citizens and provide the means of prevention and treatment of diseases and epidemics, which is expressed in the text of the article is expressed and under the provisions of the Iraqi Constitution of 2005, every Iraqi has the right to health care and the state cares about public health and ensures the means of prevention and treatment by establishing various types of hospitals, health institutions and individuals. The bodies set up hospitals, clinics or special treatment homes under the supervision of the state are regulated by law and the state guarantees health insurance for Iraqis in the event of old age or illness. The Iraqi Public Health Law, no. 89 of 1981, amended that physical, mental and social health care is a right guaranteed by society for every citizen, and the state must provide the requirements to enjoy it so that it can participate in the building and development of society.

The constitution is a cornerstone for the success of the legal organization of the state. Any government in a state derives strength from the supreme legal base that transcends all legal rules without exception. It is the constitution. The Constituent Assembly leaves a deep impact on all state institutions from the organizational and legal side. It exercises all its activities within the limits of the authority entrusted to it, and therefore the constituent assembly (the original assembly) must be aware of every small and big thing in the legal, administrative, economic, social and military organization of the state, in addition to that, the constitutional in terms of texts is free from deficiency or ambiguity as much as possible In order not to allow any party to interpret the texts to achieve greater authority at the expense of the other authorities, thus creating a gap between one authority and another. The rule of law that protects everyone without discrimination.

The phenomenon of financial corruption constitutes a dangerous negative image in our societies, which disturbs the peace and development of countries, due to its association with illegal activities, and its harmful impact on the national and global economy alike. Therefore, the issue of combating it with international and regional legal mechanisms has become a necessity no less important than maintaining international peace and security. Especially since the relationship is present between its dangers on the one hand, and human rights on the other hand. Financial corruption is no longer a national affair related to a country. Rather, its importance has called upon the international community, with all its global, international and regional organizations, to fight it with all its powers and the extent of its impact.
This necessitated the conclusion of two agreements by the United Nations in the years 2000 and 2003, although the latter represented the most important and first international agreement that covered the whole world, but the first included what could constitute a cross-border organized crime, namely, the crime of money laundering. With regard to the regional aspect, the European civil and criminal conventions of 1999, the latter of which was the first of a criminal nature, continued the regional path in confronting this phenomenon, all the way to the three Arab conventions of 2003, after that path passed in the African continent, where the African agreement of 2003. Due to the importance of the issue, international bodies specialized in the financial field and not specialized in it had roles in combating financial corruption, either through governmental agreements or other measures and procedures.

It was found from most studies that the issue of exit has focused on the aspect of personal status in particular within the scope of civil law. One of the contracts that transfer ownership, so it should be studied from this aspect, which is to focus on the contract in terms of its nature, characteristics and legal adaptation that distinguishes it from the rest of the contracts that transfer ownership. Egyptian civil law and Jordanian law in some other places.

This study deals with the settement of disputes arising form the inemational tender conder contract, it shows that there on many ways to settlement these disputes, the plan of the study was divided into two sections,the first section dealt with the concept of the intemational tender contract,while the second section dealt with the methods settlement of disputes arising from the intemational tender contract, and the study concluded a set of them tge araqi legislator did not organize a mediation in a sepecial and separate legislation, but ratherincluded it as a method of methods for resoiving disputes, and concluded with a set of recommendations, the most important of wgich is that the araqi legislator should organize medliation with a special and separate legislation that can be referred to when aconficlict occurs between the administration and the foreigncontractor.

Investment in the primary education sector is mainly found in the constitution and legislation regulating the primary education sector As investment in the education sector takes an important place and contributes to achieving the content of the state’s guarantee of the right to education, and it is considered an essential part of the educational system in Iraq and does not allow the state to withdraw from providing or sponsoring this sector.
Although the participation of the private sector in the primary education sector has achieved success in many countries, this experience in Iraq still suffers from a lack of clarity in the legal visions and legislation regulating the right of the private sector to invest in it, and it still needs a study and a comprehensive regulatory view.
Providing support to the private sector to invest in the education sector achieves the interests of individuals, society and the state This requires diversifying investment in this sector through the introduction of partnership contracts between the public and private sectors in a way that improves the educational environment and raises its quality And dispensing with the disciplinary penalties imposed on the investor when he violates the specific instructions and regulations, and replacing them with the imposition of a system of financial fines, in addition to penalties for withdrawing the license and closing the institution.
One of the things that enhances the oversight of private education institutions and contributes to the development of their systems and management methods is subjecting these institutions to the provisions of the Companies Law and obligating them to take some form of companies.

Reasoning in administration and governance is one of the modern terms that have invaded the world in recent years. This term calls for respect for principles related to the rule of law such as legality, transparency, oversight and accountability, as well as the principles of democracy that include participation, justice, equality, efficiency and integrity.
The general feature of the beginning of the twenty-first century has become a major trend towards wise governance methods, so many countries rushed to ride this wave and tried to adapt themselves to this new given, related not only to the survival of their political systems in governance only, but also linked to the fate of many of these Countries that are threatened with demise, and the fate of their peoples and economies.

In parliamentary systems, The legislative authority (Parliament) exercises important control over the state’s general budget, There are three types of censorship in terms of time, Oversight may be previous, it may be contemporary, and it may be subsequent to the implementation of the budget through the final account provided by the executive authority.
And the reports of the Office of Financial Supervision submitted by (Banana of Financial Supervision), which is one of the independent supervisory bodies specialized in the field of accounting oversight and performance evaluation control. Oversight of the public budget has many goals, and it may have political goals in terms of ensuring that the credits are used according to the legally designated aspects, and these goals may be administrative, represented in the detection of cases of manipulation and embezzlement in public money, and the goal may be financial and economic is to verify the correctness of accounts and the integrity of financial actions, And that the legislative authority exercises control through its multiple committees or through the oversight tools stipulated in the constitution and the internal system, By examining this oversight in Iraq, we find it ineffective for several reasons, including the electoral and party system, the weak level of parliamentary culture, the role of civil society organizations, and external interference.

The relationship between endowment and investment is organic, because investing in one aspect is a capital formation in the sense of establishing investment projects, and stopping its establishment, renewal and replacement is a process of capital formation and an investment project. The search for alternative legitimate means of riba-based financing has undoubtedly become essential in the field of investment.
The decreasing participation reached by the contemporary doctrinal mentality in order to solve the problem of financing is one of the usual contracts, However, containing some special conditions made it a new version of contracts, as it is one of the tools of short-term investment such as profit and lease ending in ownership, in order to get rid of riba and other non-prohibitive behaviors. Within the scope of this contract is the bank's financing of a new project or existing project, real estate, agricultural, industrial or educational, or the purchase of productive assets, such as the purchase of an aircraft, ship or property in the face of participation, Or by establishing facilities and buildings on land owned by those who wish to participate in the declining partnership with the bank. We should therefore have identified the definition of the endowment investment, its characteristics, and its distinction from others, as well as the decreasing participation statement as a picture of investment by cessation.