Journal of college of Law for Legal and Political Sciences

Economic developments and the need to finance major projects with huge funds came with the idea of financial leasing, which is one of the most important means that are used in order to finance the investments of economic projects and to ensure the continuity of their activities. The financial leasing contract resulted from the adaptation and development of several legal concepts in order to meet economic needs. It is known that the financial leasing has jurisprudential controls like other legitimate contracts, and these controls were mentioned in the decision of the Islamic Fiqh Academy. In view of the prominent role played by this contract in the development of various activities in the leading countries in this field and its impact on attracting foreign investments, and the establishment of many companies specialized in this field, and the lack of legislative regulation specific to this vital field in Iraq, we find recently many researchers who sought to cover These topics and the nation's awareness of the research details that revolve around them

The Office of Combating Money Laundering and Terrorism Financing is an effective element in combating money laundering and terrorist financing, because it plays an important role in receiving information, collecting information, analyzing it, and publishing or disseminating it to the competent authorities in accordance with its formation Law No. 39 of 2015.
Attention has focused in the international and local circles in recent years on the need to establish such a competent authority in combating money laundering and terrorist financing. Locally, an office was formed to combat money laundering and terrorist financing with the same name, and according to the above law, the act of money laundering and terrorist financing was criminalized, which canceled the legislative order Issued by the Coalition Provisional Authority No. 93 of 2004.
This research aims to shed light on this office due to its importance in discovering, preventing and combating money laundering and terrorist financing by examining the nature of the administrative tasks entrusted to it as an independent legal personality, and the nature of the decisions issued by it to carry out its tasks.

Sorcery has existed since ancient times, but dealing with it differed with different times. After it was one of the means of getting closer to the gods and a treatment for the sick, it was transformed by the presence of the religious factor who revealed its origins and the infidelity that it contains and the effects it contains that lead to harmful consequences for the protected rights of individuals and what the matter requires of A price that a student of magic pays, which requires confronting the witchcraft works that have spread in Iraqi societies and society in particular, but the matter comes to the judiciary if witchcraft is presented to him to inflict appropriate punishment. Sorcery is a criminal offense and bears the accompanying non-conformity These acts are of the criminal model, which requires the legislator to intervene clearly and with an explicit text to criminalize witchcraft in order to deter the perpetrators of these acts and individuals from resorting to these acts, and what this confrontation requires from standing on the proper legal adaptation of such acts to put the effective and deterrent punishment for them.

The idea of electronic drugs is based on transforming the physical substance from the form and system of traditional drugs to the electronic form, due to scientific and technological progress, as the practices are based on a new form of intangible visual or audio vibrations that target the human mind, as the abuser loses the ability to perceive and distinguish and is determined This is due to the behavior of illegal electronic practices, whether by the user or the drug dealer, related to material and moral harm, as well as moral, religious and educational harm. , which creates a picture of the illegal use of modern technologies and electronic means of communication and communication, which requires defining the concept of these practices and clarifying the concept of electronic drugs and identifying the most prominent provisions and their effects on the level of civil transactions, and this we will discuss with the research to reach the most prominent conclusions and recommendations that could serve the situation Legislative in our beloved country Iraq.

Obligation to inform is a preventive means from harm in the period prior to the contract, as it is one of the legal means developed in the field of protecting the contractor. Because of the contractual imbalance resulting from the emergence of new contracts that were not in existence, which leads to an increase in damages, therefore, the obligation to inform is considered a new type of preventive protection in the period preceding the contract, as it is one of the most important stages of the contract.

The Russian strategy, after reorganizing its political, economic and military capabilities after the year 2000, and defining the Russian strategic goals that aspire to achieve by employing the conditions of the Syrian crisis after 2011, using the intervention strategy to support the political system in it, by diplomatic and military means to protect its security and achieve its national interests. Therefore, she sought to face external challenges at the beginning of the twenty -first century, with the aim of exercising its role at the regional and international levels, so the conditions of the development of the Syrian crisis invested in combating terrorism and to achieve its interests in the Middle East, politically and militarily, by exploiting the internal, regional and international division on the fate of the crisis, through cooperation with The United Nations and International Law, and regional powers, especially Turkey and Iran, to prevent Western military intervention to topple the regime, and to confront American influence to reduce the trauma on the international system, to work to find an agreement on common solutions to address the Syrian crisis that satisfies everyone.

The judgment that is issued in the criminal case is not the result of the moment announced by the judge, but rather is the product of a series of adaptations that the judiciary wears in the criminal case, leading to the appropriate adaptation of the case. It is appropriate and fully applicable to its facts, and this is one of the requirements of justice, which is the essence and spirit of the judiciary. For this purpose, the laws were keen to give the court, in the event of any change in the criminal incident, the power to change the legal description of it even after the accusation was directed against the accused, and it also allowed it to amend the accusation in a more stringent manner according to what it deems appropriate in light of the evidence in its possession. Impartiality and impartiality, based on the rules of judicial inference that follow the truth and lead to it.

The study discusses one of the most important issues that creates legal problems, whether at the theoretical level or at the practical level, which the conflict of executive powers between those owned by the federal government and those pertaining to the governorate councils that are not organized in a specific region in Iraq, where it discussed the most important causes of conflict between those the two sides are in their executive terms of reference, as it touches upon the most important images and manifestations embodied in this conflict, the research used the analytical method by analyzing the legal texts contained in this regard, it also indicated many practical applications though , which gave sufficient clarification to such problems, the reasons for their occurrence and their images, thus the study ended with several results, the most important of which are: the imprecise formulation of the texts relating to the executive powers of both the aforementioned bodies and their presumptive implications that carry several interpretations ,were the main reason for the occurrence of these conflicts between those two parties, the research recommended the necessity of amending the texts containing those specializations, whether constitutional or ordinary, removing the conflict between them in order to avoid the emergence of future conflicts in this regard.

Nationality is the legal, political and spiritual bond between the individual and the state, and it establishes mutual rights and obligations between them derived from internal law, and pushes for its existence the necessities of conditions, for the formation, survival and continuity of the state, all of which includes the necessity of the existence of people belonging to it and linked to it by a certain bond. It proves the individual's belonging to the people of the state. Where the constituent nationality is the first nationality granted to the citizens of the assets that make up the people of the state that was created as a result of the succession of states, due to independence and its separation from the predecessor state. The establishment of an emerging state as a solution to the problem of the people's right to self-determination as an effect of secession from the state, so we tried to determine the compatibility of the legal provisions related to the constituent nationality upon the independence of states and their establishment as an image of the succession of states, which the national legislator in that state must address and organize in accordance with the interests of these The state and its people, in addition to taking into account the requirements of the international community, which must recognize this new state in accordance with the principles of human rights and international agreements, covenants and declarations in this regard, especially with regard to the nationality of natural persons. Conclusions and proposals, including: - The idea of nationality is essentially linked to the idea of the existence of the state itself first and originated with it, so it cannot exist without there being a state with a people and specific regional borders, and the affiliation of the people to it (as a cornerstone for its establishment) according to the bond of nationality, which is an act of sovereignty . We suggested that the legislator in the new state determine the naming of the state according to the components of its people, and on the basis of equality and justice in accordance with its modern entity, in order to name its nationality according to which it determines their affiliation

Countries, with the different political systems adopted by them, and their constitutions, seek to regulate the relationship between the three authorities within them to ensure balance and cooperation, and to create a state of mutual oversight between them in order to ensure that they do not deviate from their legal obligations, especially the executive authority, which by virtue of its competence is to implement laws and deal directly with individuals. They are closer to delinquency and contravention, so we find that most constitutions place someone to monitor them, and because of the judiciary’s impartiality and independence and being the most capable of monitoring the implementation of laws, states often set the judiciary as a watchdog over the work of the executive authority at its various levels, just as the executive authority interferes with the work of the judiciary in certain aspects. The judiciary also interferes in its work by monitoring and scrutiny in order to preserve the principle of legality.

The study focuses on the role of countermeasures in enforcing compliance with the provisions of international law. States had to resort to their self-determination to determine an internationally wrongful act and, in order to control the conduct of States in the use of such a license, the International Law Commission in its Countermeasures are a reaction of one or a number of States to the unlawful conduct of a State or a number of States. It is a means of confronting the threats to international peace and security, as well as the implementation of the obligations contained in international conventions.

The basic function of these courts includes examining disputed legal rules, interpreting and applying them, whether it is related to substantive rules or procedural rules, and whether these rules should be adopted in the dispute in question, as well as examining whether the contested ruling has failed to understand or apply them to the extracted reality. In the lawsuit or the aspect of sound understanding as these courts see In light of this, the higher courts rule either by rejecting or accepting the appeal. If they accept the appeal and overrule the ruling, they refer the case to the court that issued the contested judgment in order to rule it again in accordance with the rules it decided in the legal issues under appeal. These courts do not deal with judgment in the lawsuit except

Many countries resort to the establishment of special courts to try certain groups of people for several considerations, including mitigating them or tightening sentences on them, and this is a violation of the principle of the jurisdiction of the ordinary judiciary. One of the most important manifestations of the rule of law is not to resort to the establishment of special courts in which one group is distinguished over the other, and with it the meanings of equality before the law, which are guaranteed by constitutions, are lost. What we tried to explain by exposing the concept of special courts, and the supervision of the Supreme Constitutional Court in Egypt on those courts, according to a descriptive approach based on extrapolation and analysis of texts. Or to try specific persons, and membership in it is not limited to judges, but rather includes in its membership civilian or military persons who do not have the capacity of a judge in an easy manner. b The natural judiciary is part of its jurisdiction, and the special courts are among the most prominent exceptions made to the principle of equality before the judiciary and the principle of judicial unity, and that the Egyptian legislator has guaranteed the right to litigation for all without discrimination or discrimination, and the amended Egyptian Constitution of 2014 stipulates the prohibition of establishing exceptional courts The establishment of special courts was not prohibited, and in this there is a conflict in the legislator's position between the lack of provision for the prohibition of special courts

The public administration has switched to the electronic reality to perform its required activities and to achieve communication with individuals, so it has become a modern field for legal actions and regardless of its parties, including those in which the administration .The most important stage in it is enforcement of the administrative decision to confront the stakeholders, and according to these data, the electronic access was linked to the electronic administrative decision to achieve knowledge of it through the modern means of communication available to the administration and individuals together. The electronic reality in the judicial appeal procedures.

The idea of real estate improvement due to acquisition is one of the topics that have attracted the attention of the Iraqi legislator and comparative legislation, This indicates that it has taken to prominence in practice as a social phenomenon, The legislator summarized it with a legal regulation and set the conditions for its verification, not every improvement that occurs in real estate is significant, Rather, it should lead to an increase in the monetary value of the remaining part of the expropriated real estate or in the real estate adjacent to the expropriated real estate, With the improvement achieved, its impact was disputed between the legislation into two directions, between those who oblige the beneficiary to pay a consideration for this improvement and those who do not oblige to pay for this improvement. This difference is due to the philosophy of the state itself and its view that developing the public benefit of society is an obligation of the state, and this is what the second trend of legislation has taken, or does it require the participation of individuals in this, and this is what the first trend of legislation has taken. They obligate the beneficiary to pay for the improvement, However, they differed regarding the legislative officer in his estimation, between who took the specific officer, so the legislator specified a certain percentage to be deducted as compensation for improvement, and he clarified the one who took the flexible officer in his estimation, The legislator delegated a specific authority. Some legislations specify this body to the judiciary, while others to an administrative body, which have the authority to assess the return for improvement .

Most constitutions of Arab countries (and Islamic ones in general) include provisions on the relationship of the Islamic religion to the state and the nature of its association with it, and the relationship of its provisions (or the provisions of Islamic law) to its legislation, and the expressions used in these constitutions differ to refer to this relationship. This has led to differing views on the effects of this in constitutional jurisprudence and judiciary. In order to reach a clear position on this, the meanings of these references in constitutional legislation and the position of constitutional jurisprudence and judiciary on them and their implications must be reviewed and clarified. Keywords: legislation, state, source, religion .

Selling through seasonal liquidation is one of the types of commercial sales directed to the consumer public that merchants resort to at the end of each season as an attempt to encourage the consumer and to dispose of goods by announcing real reductions in the prices of goods and services. Most of the countries organizing this type of sales, whether through their commercial laws or through special laws, have emphasized the need to practice selling in accordance with the legal rules laid down, and despite its importance, this type of sales is a frequent occurrence in practical life, but we did not find any regulation for it. Within the effective Iraqi Trade Law No. (30) for the year 1984 or within an independent law, unlike the previous Iraqi Trade Law No. (149) for the year 1970, in which it was of great interest because it achieves protection for the consumer and the trader at the same time.

Successful investment is one of the most important components on which economic and social development is based in all countries, especially developing countries, which requires creating an investment climate that achieves this and works to encourage and attract investments to those countries, and this is what this study aims at identifying the most important rights, guarantees and advantages that Granted to the investor in order to encourage his arrival and enable him to implement the investment and protect his rights with legal guarantees against all non-commercial risks and procedural guarantees that allow him the necessary means to settle his investment disputes with the statement of monetary notes on him, the main problem in this study lies in the overlap between many of the rights, guarantees and obstacles that It is faced by investment in Iraq that, collectively or individually, has led to the impossibility of Iraq developing in terms of the success of the investment process in it. As well as following the interview system by accreditation The reality and level of investment in Kirkuk governorate, which enhances this study.
The study reached several results, perhaps the most prominent of which is granting the investor several rights, including the right to own the residential and industrial project, with the lack of the system and special instructions for ownership, which is a major obstacle to important investment activities to advance the economic and social reality in Iraq.
The study recommended the need to expedite the issuance of laws, regulations and instructions facilitating the implementation of the provisions of the amended Iraqi Investment Law No. 13 of 2006, including the issuance of the Iraqi Commercial Arbitration Law and the ownership system in residential and industrial projects, with other recommendations in amending some of the other legal texts in the same law

This research aims to highlight the position of the constitutional judiciary on the subject of the subordination of the State Council (administrative judiciary). The decisions of the constitutional courts are varied in dealing with the issue of the independence of the State Council from the executive authority. Some of these decisions considers the State Council as a part of the administrative powers, while others determine it an independent and private body. In contrast, the last position of constitutional judiciary deems it part of the judicial power that operates under the principle of judicial independence. The main aim of this study is to shed light on these decisions in the comparative, and then clarify the decisions of the Iraqi Federal Supreme Court on the statement of its subordination. In order to reach this result, the study relies on the analytical and comparative approach by providing an analysis of these positions and stating their benefits and risks. It also aims to provide suggestions that might contribute to ensuring the operation of the State Council in light of the principles that governing its task. The independence of the State Council contributes to achieve a basic and effective guarantee for respecting the rights and freedoms of individuals through its basic role in protecting and preserving the principle of legality.

In order to be in front of a fulfillment that leads to the expiration of the obligation from a legal point of view, the debtor must make an actual delivery of the money to the creditor, and since payment requires a tool, any mechanisms and means through which the debtor enables the fulfillment of the creditor in a manner consistent with the nature of electronic commerce that takes place in an immaterial environment, he had to From finding a payment system that is consistent with the nature of electronic transactions that take place in this environment, so that it is used easily and is characterized by speed in settling transactions, and enables the parties to transfer money without referring to documents or written paper supports, which prompted people to think of using modern technology in the field of Electronic commerce and transactions, such as the conclusion of electronic contracts, and the use of electronic means of payment and fulfillment in the field of banking, which banks provided to their customers, such as electronic money transfers, commercial papers such as electronic checks, and electronic securities such as electronic bonds, in addition to payment through bank cards or what is known as plastic money.

The state of mercenary is not newly established, but has appeared since ancient times, especially in the period when the regular armies were not known, and this phenomenon continued even after the emergence of the state in its modern sense. The principle of non-interference in the internal affairs of states, the principle of independence of states, the principle of territorial integrity, the principle of non-use of force in international relations, and the principle of peaceful coexistence, and therefore mercenaries doing mercenaries are considered an act that violates the rules of humanity and morals in addition to violating the legal rules established in international law Humanity, while wars bring woes to civilians, mercenaries find an opportunity to profit and make money.

The electronic agent is considered one of the new means in the world of electronic commerce that the merchant uses - in the environment of the Internet - as a vital means in concluding legal actions and executing commercial transactions, but what distinguishes this type of program is that it has the ability to work independently of its user after providing the latter with the necessary information About the goods and their prices as a first stage, after that the program undertakes to work independently and without review or control in many cases by its user, so these characteristics, which were produced by the practical reality, were to be the focus of academic and even legislative attention that took over the organization of its provisions in accordance with the mechanism by which it operates within its laws regarding electronic transactions.

Abstract
The check Chèque is from the emergence of custom, that is, the custom is the one who created it or invented it in the context of finding alternative means for money in commercial transactions through which the obligations arising from them are fulfilled and at the same time it spares them from the costs of carrying it or fearing it from loss or theft, not to mention that it is a tool of fulfillment. The place of money is the financial obligations between the dealers.
The check is distinguished from the rest of the commercial papers such as the bill of exchange and the commercial remittance in that it is always due for payment upon sight, and therefore any date of payment written in the instrument is null and does not produce its effects, except that commercial custom and banking practices have created or invented the so-called guarantee deed.
In this research, we shed light and focus on the definition of this type of instrument, its images, its implications, and the statement and position of Iraqi legislation and comparative legislation of this type of instrument.

The phenomenon of bullying is a form of violence practiced by some for the purpose of psychological harm to the victim, and it is one of the most difficult forms to measure and prove in view of its deceptive nature that comes from souls full of desire to degrade others and work to transgress your right to reassurance and isolate them socially or professionally and put them in a position of ridicule And exclusion from the surroundings and perhaps intimidation that may push the victim to feel inferior and frustrated, which in some cases leads to suicide in order to escape from these influences, and what increased the seriousness of this phenomenon is the development of social media, which enables the perpetrators to dominate the victim and follow her even in the most delicate aspects of her life. Although the Penal Code has included several texts to criminalize some of the aforementioned acts, they are no longer sufficient to limit this phenomenon on the one hand, and on the other hand, these texts may not impose the appropriate punishment for this danger, which is taking its toll and becoming a global phenomenon. Keywords: criminalization, morals, bullying .

Praise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and companions. As for what follows, this research deals with (preservation contracts and their types in Islamic economic jurisprudence) contracts that were legislated for the purpose of preserving money and people’s property, and the jurists called them preservation contracts and they have many types; Because these contracts are indispensable to people in their lives due to their greater need for them. There is no one who has not dealt or dealt with these contracts; Investing and preserving money is one of the purposes of Islamic law, and it is one of the five necessities that Islamic law came to preserve. The research plan was divided into four demands. The first requirement mentioned the definition of the research title, mentioned the deposit contract in the second requirement, mentioned the guard contract in the third requirement, and mentioned the trust contracts in the fourth requirement