Journal of college of Law for Legal and Political Sciences

The incredible development in the field of information and communication technology has produced new mechanisms for managing societies, including E-government. Since the government is responsible for satisfying the general needs of the public through the public utilities it manages, the adoption of the E-government system has led to the development of means for public utilities to perform their activities. It is now providing services, conducting transactions and carrying out its legal actions by electronic means. These means are characterised as rapid completion, low costs, and saving time and effort for individuals and employees. Such benefits have the greatest impact on the principle of performance of public utilities regularly and consistently. As it alleviated the risks that could arise in the provision of utility services in the case of a strike and resignation of employees. It also helps reduce the cases of the actual employee and the impact of emergency conditions on the provision of public utility services.

The reality of the Gulf-Israeli relations witnessed a number of regional and international changes that affected the nature of the relationship between the two sides. The regional and international changes that the region witnessed after 2003 posed great challenges that affected the nature of the relationship between the two sides. The security concern that increased with the US occupation of Iraq and the expansion of Iranian influence and its arms in the region, as well as the Turkish policy aimed at expansion in the region, as well as the events of the Arab Spring and crises witnessed by the Arab region, which strengthened Iranian influence in the Arab region and the escalation of the Iranian nuclear program crisis in 2015, as well as the Russian policy aimed at finding a foothold in the region and trying to fill the strategic void there, All were factors that contributed to strengthening the Gulf-Israeli rapprochement, which witnessed joint cooperation to confront these challenges.

The approval of the state’s general budget draft by the legislative authority (Parliament) is the main pillar that makes funds available to government departments, for the purpose of carrying out the tasks and obligations entrusted to them so that public utilities can run steadily and regularly, and there is no doubt that the approval of the budget in any country must be issued before the beginning The fiscal year, and we can discern the importance of approving the budget through Article (57) of the effective constitution of the Republic of Iraq, which clarified that the legislative chapter in which the budget is presented does not end, except after its approval. We find that the delay in approving the budget has become a familiar issue for Iraq’s budgets after 2005, This delay may occur as a result of reasons that may be political, economic, legal and technical, in addition to the effects that result from this delay on the economic capabilities of the country as well as the legal effects, and what are the solutions or mechanisms that the applicable and basic laws that regulate the work of the general budget for the purpose of addressing the issue of delay in approving The state's general budget is on time.

The researchers who studied the subject of the waiver of the criminal case and the civil lawsuit related to it and the influence of one of them on the other did not address the issue of the impact of the plaintiff’s abandonment of the civil right on his criminal case, due to his absence in the first trial session without a legitimate excuse despite his notification and the law considered this abandonment as a waiver from him. Civil court, while there are legal texts about that in the Iraqi Criminal Procedures Law, as well as judicial applications in this regard.
Accordingly, the legal specialist researcher aims at the exception mentioned on the general principle regarding the expiry of the criminal case as a result of the civil case related to it in case it is abandoned, which the law considers a waiver of his right to claim compensation before the criminal courts, stipulated in the Criminal Procedures Law. In this study, the researcher relies on the analytical method for the texts that show the incoming exception. For this purpose, the topic was distributed to two topics in addition to an introduction. The first topic was devoted to studying an overview of the penal and civil lawsuits affiliated to it and waiving them, and the second topic dealt with the effect of leaving the civil case of the criminal case on the original case, which is the criminal case. In the conclusion of the research it was revealed that by reviewing the articles related to the waiver of the criminal and civil lawsuit, although neither of them was affected by the other in terms of the assignment as a general principle, there is an exception to this general principle for the two lawsuits, in the crime of marital adultery, which is considered one of the crimes that The initiation of the lawsuit in it depends on the complaint of the victim or his legal representative, the civil lawsuit related to the criminal case shall lapse if the criminal case is waived, and if the punishment for the above-mentioned crimes is one year or less or a fine, then the criminal lawsuit filed against it may lapse if it is completed Waiver of the civil case related to it, by rule of law, in accordance with Articles (150 and 181) of the Code of Criminal Procedure. The two exceptional cases have applications before the Iraqi criminal courts

Oligopoly is an indirect tacit agreement carried out by a specific group of companies. It is a collusion and a tacit agreement that occurs between a few competing companies and then disrupts the market mechanism represented by the rules of supply and demand with the aim of practicing monopolistic activities and dividing the market and its lines. Oligopolistic companies control part of it through the policy of mutual interaction Among its members through a tacit understanding that enables them to reach a consensus regarding the provision of a specific commodity or service with regard to fixing prices and production volume, and it works to share the largest part of the concerned market.
ere are important elements in oligopoly represented by a small number of competing companies that may sometimes not exceed two companies that can control its paths and lines, and also the need for a tacit agreement between companies working to provide the same good or service, and with the same degree of efficiency, and oligopoly does not need to Negotiations or a written agreement between the companies carrying out its activities.
With the existence of various forms of oligopoly, it is necessary to state the responsibility of its companies, and to review what distinguishes this term from the corporate alliance.
The subject will be addressed and reviewed through the comparative approach between the "Iraqi, Egyptian, Algerian, Malaysian and French" legislation, especially the "Laws for Protection of Competition and Prevention of Monopoly" therein.
The following study plan will be approved:

After establishment of the save zone in 1991, and rise the Kurdistan front which made public election of the first parliament by the people Kurdistan in 1992, and establish first government and dependent authority of judiciary in Kurdistan rejoin. After that the parliament of Kurdistan issue his decision number 10 for a year 1992 which adopt federal system, therefore, the Kurdistan rejoin had to establish his own constitution, therefore we find that the article 120 of the Iraqi constitution stipulated that the rejoin should make his own constitution, after that the draft constitution was prepared, and the parliament approved it, but this constitution has not yet been established because a referendum on it has not been held. This is why the supremacy of law crisis appeared, which affected the political system in the rejoin.
Therefore, we will talk in this research about the important of the constitution for organizing the legislature, judiciary authorities, and to protect the fundamental rights and freedoms of individuals, then we will talk about the impact of the absence of the constitution on the performance of the public authorities, and on the fundamental rights and freedoms of individuals.

Criminal evidence is the main nerve of the criminal judgment. Through the forensic evidence, the judge can issue a judgment of guilt or innocence. The use of traditional and modern means and methods to obtain evidence in the cases of crimes of assaulting the right to the image carries with it a kind of means that constitute an assault on private life, and another type of means that constitute an attack on the individual's physical integrity. Basically, on the basis of not wasting the freedom and human dignity of the individual, and this increases the burden of the criminal judge to balance between what is legitimate and what is unlawful. The second topic highlights the scope of the criminal judge’s authority to assess the value of forensic evidence related to photographs.

The anticipatory breach of the contractual obligations includes the right of the contracting party to rescind the contract prematurely before the time of performance by the other party is due, if sufficient pieces of evidence are available that the contracting party will not perform his or her contractual obligation before the time of performance. It aims at avoiding the negative effects of this breach as much as possible. It is worth-bearing in mind that the English law includes two situations within which this breach may materialize: the renunciation or the repudiation of the contractual obligations and the disablement by which the breaching party incapacitates himself or prevents performance before the scheduled date Also two principal effects arises from this breach through the choice. given to the injured, innocent or non-breaching party, and they are either he or she accepts the breach or does not accept it. Whereas the Iraqi civil law No. (40) of 1951 does not adopt the doctrine of the anticipatory breach , but adopts the actual breach and determines four forms of which: the non-performance, the late performance, the defective performance and the partial performance. It is to be noted that the problem of the study lies in fact that the Iraqi legislator has not regulated this type of breach.

One of the problems that exist throughout the history of the jurisprudence of transactions is defining the nature of contracts. We often see disagreement about determining the nature of contracts in the contracts completed between the two parties to the contract. One of the most famous criteria in this field is the separation between the verbal and the apparent, in other words, the separation between the outward will and the inner will. Most of the jurists in many cases of disagreement have benefited from this criterion, but there are different discussions about this theory. Given these theoretical discussions that can be presented is the theory of moral participation of contracts. According to this Standard, each contract has the effect of another contract, the Standard being the other contract. This criterion in many cases does not care about the will of the contracting parties, but it is better and better for the following reasons: The first: it has no problems with the well-known standard, and the second clearly defines the boundaries between contracts and limits the creation of multiple contracts with common effects in most cases that leads to the exploitation of contracts.

The sales tax is one of the taxes that most countries of the world operate in because of its impact on supplementing the public treasury of the state, and it is achieved as a result of the taxpayer using his income in trading goods and services that he needs for his life matters, and that this tax despite its distinguished characteristics, but its application in Iraq did not have this The interest that the income tax received, as the history of this tax witnessed laxity on the part of the Iraqi legislator in activating it, and he did not notice its importance until recently when he started working on it according to an incomplete legal organization that was plagued by many problems, the most important of which is the problem of legality. Hence, our interest in this tax came, so we tried through this The research sheds light on these problems and tries to find effective solutions to them.

The political history of most countries of the world had and still witnessed the targeting of some famous figures by murdering them during the unstable political conditions that countries pass through the stages of their political life which made these persons on the lookout because of their positions about the political scene or with the aim of removing them in order to control the the reins of government
In this research, it is natural to focus on the legal aspects because of the act of killing others for political motives and usually expressed as a political assassination.
The most prominent of what we have concluded this research is that the above crime can be subject to more than one criminal text which result a subject called apparent inconsistency of criminal texts, which requires careful consideration of the crime and analysis its constituent and subordinating elements in order to reach the criminal item that is applicable in the national criminal laws in forcec.

In this study, we have addressed the problem of the extent to which arbitration is permissible in trademarks, or rather in contracts emanating from the rights arising from the registered trademark, and the consequences of that on the contract itself in the extent of the validity of the arbitration agreement for these contracts and the implementation of the relative effect of an agreement, and if the arbitration It is the means agreed upon by the parties to settle their dispute, so what is the law applicable to the dispute, and the wording and language are among the elements related to the arbitration agreement, the lack of attention to which may lead to the invalidity of the agreement, and finally the protection of the trademark from abuse through the law of protection of intellectual property rights and What it contained of texts related to the deterrent punishment for the non-repetition of such crimes.
We also discussed the arbitration agreement agreed upon between the parties to the licensing contract to exploit the trademark in and of itself, which is the negative effect. Among the parties to the licensing contract, it is forbidden to resort to the judiciary in the state, because in the event that any of them resort to the judiciary, this represents a breach of the obligation agreed upon between them

Inheritance or the science of ordinances in Islam is one of the most important branches of Islamic law, and the exit is one of the issues that the heirs need after the death of their legator by reconciling the heirs to remove some of them from their share in the inheritance in return for a certain thing from the inheritance, and the exit may be between two heirs‚ On the condition that one of them replace the other in his shares in exchange for a sum of money provided to him, or that some of the heirs be taken out of the legal division after taking their share instead of it in cash or in kind from the estate or from the heirs’ own money. Exit does not need to be handed over, and if the exit takes place in compliance with its conditions, it has its effect on the possession of the heir to whom the thing is disposed of‚ And the contract must be after the death of the testator and between the heirs only, because the disposal of the estate of a living person is void, and the estate must not be immersed in debt, because there is no legacy until after the debts are paid, and the exit can be with or without a known compensation. Exit without compensation took the form of a gift.

Prices are one of the most important elements of economic activity, whether this activity is industrial or commercial production, and that importance revolves around being a criterion for the quantity of the required product and consumer tendencies as the element is constantly changing, up and down, which greatly affects the lives of individuals, which necessitated the state’s intervention to protect society, and there is no doubt that this intervention It should be by legal legislation and administrative regulations according to an administrative process called administrative control of these prices according to the philosophy of forced pricing and within the framework of the general economic system, taking into account the economic philosophy adopted by the constitution.

This research, entitled "Constitutional and Legal Regulation of the Right to Health care for the Iraqi Citizens" deals with the position of the successive Iraqi constitutions and laws on the right to health care, and since this right, like other basic human rights, has become the subject of interest and international regulation, so the research sheds light on the nature of this right and its content in the light of the international standards set for it, and based on these standards, we try to explore the purpose of the founder of the Iraqi constitution to stipulate this right in the core of the constitutional document.

The research also focused in particular on the position of the federal legislator in Iraq regarding regulating the right to health and health care for the Iraqi citizen in the Health Insurance Law No. (22) of 2020. The researcher tried to show the shortcomings in this law and its conformity with the existing constitution.
Based on the analytical-descriptive and the comparative method, the researcher reached a number of conclusions and recommendations, the most important of which is that it is impossible for an individual to enjoy his right to health unless he tastes his right to health care, and this right cannot be embodied unless the citizens are be able to easily obtain adequate medical care services, including prevention and treatment, provided to him by the government or under its supervision on a continuous and organized basis. And the right to health care stipulated in successive Iraqi constitutions, including the 2005 constitution - currently in force - imposes on the Iraqi state a positive obligation with immediate effect to ensure the embodiment of this right for all citizens. The researcher also concluded that the Iraqi legislator in the Health Insurance Law No. (22) of 2020 has committed a constitutional violation, so this law must be reviewed and amended in conformity with the existing constitution.

This phenomenon is contrary to the texts of international charters and national legislation, as it puts the physical, mental, psychological and social safety and health of people at risk.
In view of the seriousness of the issue, the topic of the study (The right to rehabilitate drug addicts under international conventions
- An analytical study -), Explain the nature of narcotics and the international bodies concerned with drugs , including the United Nations office on Drugs and Crime, and the Commission on Narcotic Drugs of the United Nations Economic and Social Council. Then we referred to the most important international reports in this field, given the importance of the subject, we have clarified the position of international conventions and Iraqi laws in the rehabilitation of Drug addicts. Because of the seriousness of the issue, we have shown the reality of drugs in the Kurdistan Region of Iraq. The researcher have found out variety of conclusions, including: The Narcotics Committee, stressing the fight against the global drug problem, is a public and joint responsibility. Interestingly, this scourge has spreaded fiercely at Iraq and the Kurdistan Region - Iraq.

The right to information is one of the most important rights guaranteed by Article (19) of the Universal Declaration of Human Rights of 1948, as well as the Constitution of the Republic of Iraq for the year 2005 with its Article (38). This right must be employed in the prevention of future epidemic diseases. Covid-19) has become today a serious threat to human rights in life, health and a healthy life, deaths and disruption of life, and the lack of accuracy necessary to determine the causes of the spread of these epidemics. Individuals through their right to know and act upon it, and the intervention of the World Health Organization and other active organizations came in order to strengthen this right, and activate the rules of international responsibility to prosecute those responsible and compensate those affected

The sexual exploitation of children is one of the immoral acts that many children around the world are exposed to, and it is a fact that has been going on for a long time, but with the emergence of armed conflicts, the frequency of violations against children increases as a result of the effects it has on societies.
Therefore, this research deals with the protection of children from the crime of sexual exploitation of children during armed conflicts from an international perspective, referring certainly to everything that would clarify any violation that would increase the possibility of committing this crime in an organized manner by fighters in armies and armed groups such as militias and armed groups. In order to highlight its seriousness and alert the international community and internal national communities to the seriousness of such violations, so that those interested in this matter can stand on the negatives and find possible solutions at the international and national levels, as this study focused on examining all international conventions related to the topic of the message, in order to understand the issue. Accurately and aware of the extent of the protection provided by the international community to children through various international conventions, especially the Convention on the Rights of the Child of 1989, which was characterized as binding for states, and which Iraq ratified in 1994, and we stopped to consider the extent of the availability of such protection in the national scope, especially in Iraq, As it turned out that the Iraqi legislation was not at the level of ambition in the field of child protection.

The transformation to digital entailed the production of huge amounts of personal data, and the risks that entailed its management and investment increased. It has a lot of technical capabilities to access this data, which leads to the violation of the sanctity of the private life of the person to whom this data relates ,The matter becomes more complicated if we know that these data are stored for an indefinite period so that they can be recalled at any time, even if they are old or incorrect, and this is what made entering those data into oblivion a complicated matter. Forgetting his past and deleting information related to his private life, which achieves psychological balance and facilitates his proper integration into society, which requires specific legal controls and technical mechanisms surrounding this right with protection that ensures its exercise by

Foreign policy represents one of the basic activities in contemporary political systems, and it has an important and vital role in maintaining the existence and continuity of the state, as a government activity directed towards the outside. Actors in the field of foreign policy when making external decisions seek to achieve more than one goal at the same time in light of the differences and disparity in goals.
The objectives in foreign policy is the goals that the international unit works to achieve in the international environment, and in order to achieve this; Effective tools must be available in the hands of external decision-makers to achieve the drawn foreign policies by using all the means available to them, which may be diplomatic, military, economic, symbolic, and other tools

The research dealt with what we believe to be the principle of geopolitical compensation, which reduces a number of political, economic and military dimensions in the policy of the Russian Federation towards the continent of Latin America, Including Venezuela. The perfect place to achieve this principle, which we are trying to show in this research through Venezuela.

Intellectual production is considered a great wealth for humanity, especially if this wealth flows positively into the side of human service, and for the purpose of preserving the ideas that people provide for the benefit of society, the foundations for protecting the general rights of the author have emerged in all fields, artistic, legal, political, economic, social and others.These moral and financial rights have been given great importance in the national, internal and international legislation, in order for the author to avoid stealing the sciences he thinks about because these sciences represent for him a personal right that must be protected, and on the other hand they constitute a source of material income, so the legal legislator has been keen to provide penal and civil protection for any A violation of the personal right of the author, whether it is a moral or financial right, which constituted a new and major legislative trend under the name of protecting intellectual rights, as this protection is not only a way to entrap those who violate copyright, but rather it is a guarantee that guarantees the author a sense of reassurance that encourages him To continue writing without fear of stealing his mental and cognitive effort. And just as the protection of copyright was available inside his country, we see ensuring this outside it as a guarantee for the consolidation of international relations and respect for the rights of foreign citizens. The concept of protection that we are discussing appeared within the scope of private international law, and national legislation ensured the provision of the necessary penalties to protect foreign copyright from any infringement on its production

Regional organizations are a form of international organization, and given the importance of regional organizations, the Charter of the United Nations in Chapter VIII approved the establishment of these organizations in dealing with matters related to maintaining international peace and security, provided that their activities are within the purposes and principles of the United Nations and international legitimacy in general. In its articles (52, 53, 54) the legal framework for the establishment of regional organizations and their relations with the United Nations and their role in resolving international conflicts, and international disputes generally arise from differences in perceptions, goals, interests and capabilities of states, which often develop into serious armed conflicts, threatening international peace and security This requires the international community to respond through its international and regional organizations to resolve these conflicts by peaceful or repressive means, depending on the nature and risks of the conflict. Regional organizations have played, and still do, an important role in resolving these disputes.

Maritime terrorism and piracy pose a serious threat to the safety of navigation and the lives and health of the crew and passengers of ships, as pirates cause damage to ships, and the victims of this crime are not only citizens of one country, but also from different countries, as different types of threats related to maritime transport have been identified. Identifying the main areas in which acts of piracy and maritime terrorism are committed, through this research also attention is drawn to the fact that piracy and maritime terrorism have certain similarities. However, it is becoming increasingly difficult to know where terrorism and piracy exist in practice, which are causing great harm to the international community. Combating it at the international level is complicated not only because there is no single concept of piracy in modern international law, but the international community has so far been unable to provide an effective solution to the problem of maritime piracy due to the lack of an effective mechanism for international legal cooperation in combating piracy.

The criminal committed his crime without leaving any traces at the crime scene due to the development of his mentality, taking advantage of the technological development, which has become of great importance to the lives of individuals in general and governmental and non-governmental institutions in particular, and this was reflected in turn on the crime, whether by changing the method of its commission, or by changing the means of combating it. As the perpetrator, in committing his contemporary crime, exploited the means of modern science, which imposed the need to use the same method to combat it, especially since the Iraqi Code of Criminal Procedure has omitted the regulation of the issue of audio recording in evidence, which made this issue controversial in the judiciary, which witnesses many cases. In which these recordings are presented as evidence of evidence and a place for jurisprudential and judicial controversy, and many crimes that are committed today, such as kidnapping, threats, smuggling, espionage, and others, using audio recording devices, which made dealing with that necessary in order to analyze a theoretical law to organize this subject, and that makes us in front of The problem of the legal adaptation of audio recording, the extent of its legality, its role in proving the commission of crimes, and whether it was adopted as a means of criminal proof in Iraqi law.