Basra studies journal

The term ''criminal causing' is one of an old and frequent terms in the texts of penal laws, including the amended Iraqi Penal Code No. 111 of 1969, which is considered one of the most used laws in this contexts. The problem is not in the frequency or frequent use of this term, but rather in the absence of a specific meaning for criminal causing, which negatively affected the decisions of the criminal judiciary with regard to determining the legal adaptation corresponding to the material incident and the extent of the responsibility of the causer for the criminal result. However, we assumed that the criminal causing has a special meaning upon which the determination of its features, elements, and legal provisions depends, and based on this hypothesis, we have decided to research this problem and treatments.

To introduce the technological role and its impact on criminal policy the study must mention or follow the historical path of the nature of this development and the extent of its impact on branches of law in general, and the extent of the need for this technology in the various details of life and what protection is provided for it. Therefore, The legislator must quickly criminalize these new acts and set deterrent penalties for them, and countries are also required to think about reconsidering their criminal policies related to this technological progress, this can be achieved by finding plans and methods respond to the development of crime in accordance with the technological progress. Rather, these countries are preparing their advanced criminal strategy by finding new ways to deal with each other within the framework of tracking criminals and prosecuting them wherever they go. And to unify a new framework for fruitful cooperation in this field, especially since the traditional mechanisms of international cooperation have become beyond the complexity of procedures and slow implement.

The breach by the notary of any obligations imposed on him leads to his civil accountability when the elements of tort responsibility for his fault are available. Accordingly, we will be in front of the possibility of claiming the notary by the aggrieved party to compensate him for the damage he suffered. However, there must be a lawsuit filed before the competent court to claim compensation for the damage suffered by the aggrieved party as a result of the notary’s breach of one of his obligations.
The civil liability lawsuit is the main effect resulting from the breach of the notary, and therefore the aggrieved party must follow specific procedures for the purpose of reaching his right, starting with the knowledge of the court competent to consider the case and the necessity of litigation against the defendant, as the lawsuit cannot be instituted without the availability of its parties, the plaintiff. And the defendant, and for this, the plaintiff must use the legal methods to prove his claim. If he fails to prove the notary public (the defendant) is able to pay that lawsuit, he does not have any right to compensation.
Hence, if the notary public’s mistake and damage and the causal relationship between his mistake and the damage sustained by the aggrieved party are proven, we will be in front of determining the resulting penalties accordingly, starting from the compensation that the aggrieved party deserves to the liability and insurance agreements from them, and this is what we will show in this research .

Talking about the reason of acquiring ownership in this research is related to its comprehensive nature, or what is called dependency. Competition may only arise between a contract and another contract, or a code and another code, or between possession and another possession, or between a will and a commandment...etc. This shared self-existence between them. The contract and the contract share independence together, or the contract and the will as being non-legal.
However, a dispute may arise between a contract and an inheritance, or between pre-emption and a contract, or between a judiciary and a contract, or between pre-emption and an inheritance, or between a pledge and a contract...etc., and this dispute arises from the combination of this specific knowledge and this quantitative consideration, Many technical texts that rely on these entities - such as seizure, possession, contract... and other causal entities - are the method that seeks to obtain the ownership that the legislator defends.
This crowding may be a theoretical rivalry that is rooted in the mind of the legislator or jurist, or it may be an actual crowding that is clear from the law and reality, and each of the crowding has a solution that suits it .

The absence of any pillars of the contract, such as consent, subject matter, or reason, leads to the invalidity of the contract, then the invalidity of the entire contract. However, the contract may be defective in part of it, or it may be invalid in part of it, and some of it may be subject to the arrangement of the effect of the contract on it, and others may not be capable of that, such as the conjunction of a contract. If a gift is made on an unlawful condition, the condition is void and the gift remains valid, unless the condition is the motive for the contract, in which case the entire contract is invalid.
Partial invalidation is tantamount to correcting the contract, as it leads to the removal of invalidity from the contract and the preservation of the correct part of it, without changing the legal condition of the contract.
Acts of partial invalidity of the contract must be subject to physical and legal division, as well as the possibility of personal division. This means that the contract must be divisible from the point of view of the contracting parties. Partial invalidation actions must also be the invalid part that should not be the motive driving of the contract. So there is no room for applying partial invalidity of the contract if the invalid part was the motivating motive for the contract and the contract is completely invalid.

Iraq is connected with number of neighboring countries such as Turkey, Iran and Syria by joint international rivers, in addition to naval borders like those with Kuwait. These countries have established water and economic projects on the rivers and shared seas with Iraq, and if international law has granted countries the right to exploit their wealth and resources within their region, it was restricted to that right to observe the principles of international law, including the principles of good neighborhood. The rules of the international neighborhood have established new obligations, these obligations would be the solid base to determine international responsibility for all the actions any state undertakes within its region and affects neighboring countries. The study have found through the problem of research that the principle of good neighborhood is one of the binding principles of international law and it is a legal mean to protect neighborhood areas and reduce the effects of harmful environmental effects that are transmitted from one country to another. The researcher have revealed also that the projects of neighboring countries have violated the rules of good neighborhood due to the environmental damage that resulted in it, which requires international responsibility for those damages.

The flexibility of the rules of environmental law in general, and climate law in particular, has made it easier for states and other public international persons, as well as private international persons, to violate them in a way that makes it difficult to ascertain the perpetrator of that violation, and to evade its consequences, and the various harms that result from it to individuals. property, and the environment in general, those illegal violations that took the form of international and internal environmental, climatic, and internal crimes punishable by international and national laws as well, and holding the perpetrators responsible, whether civil liability depends on compensation, restoring the situation to what it was or penal responsibility that has become Its provisions and
rules are applied without discrimination to the natural person and the legal person together according to legal procedures stipulated by internal laws or public international law.

The issue of medical civil liability springs from the harms of radiation therapy which is one of the most important and critical issues because of its close association with the physical safety of individuals. Accordingly, the study has researched the nature of compensation and Doctors' commitment. it is a commitment to achieve a result or commitment to achieve a goal, some of them are likely to commit to the result and there are those who think the best commitment is to reach the goal. The researchers have studied the responsibility in terms of its definition, and the statement of types of compensations and their amount by following the method of comparative analytical study between the legislation of three countries, i.e., Iraq, Egypt and France with reference to Jurisprudence opinions and statement of jurisprudence in this regard.

Documentary credit is one of the most important and widespread banking operations, and this process is characterized by the multiplicity of parties who belong to different countries. This difference in the country of the contracting parties leads to a conflict between the laws that are intended to be applied to the disputes arising from the application of the documentary credit contract. To determine the applicable law, it becomes Usually to the application of the competent legislation in force or the application of what was agreed upon by the will of the two parties, which is known as the law of will or what the arbitral tribunal decides in the event that the parties agree to resolve the dispute through arbitration.

Evaluating the performance of government institutions is of great importance in demonstrating the level of progress and development in the field of managing the administrative and governmental activities of the country. The executive authority has an important role in evaluating the activity of government institutions by adopting regulatory and supervisory standards related to legal foundations by determining the means and methods of supervision and how these institutions are linked to the administrative and organizational structure of the executive authority. In addition to adopt the foundations related to drawing up the general policy of the state and its national trends in following modern methods of evaluation, by introducing modern development and administrative programs that in turn enhance the activity of institutions and their ability to produce in all fields and its positive repercussions in achieving their set goals and thus achieving the public interest.

The supervisory jurisdiction of the constitutional judiciary embodies the most important functions of the constitutional judiciary ever, as it is the justification for its existence and the basis for its establishment in general; to establish and activate the principle of the supremacy of the constitution, because it is a jurisdiction that works to ensure the commitment of public authorities to constitutional rules, when exercising their constitutionally stipulated jurisdictions, by tracking their actions and correcting their deviations, and ensuring that none of them violates the constitutional powers of the other authority, therefore the Iraqi constitution formed a judicial body to consider and adjudicate disputes resulting from the course of the electoral process to ensure the constitutionality of the electoral process until the role of the Federal Supreme Court comes, as it is competent to consider electoral appeals and ratify the results of parliamentary elections, which is the last stage in the electoral process.

The study seeks to shed light on the administrative and legal responsibility to which the chartered accountant is subject when carrying out the duties specified for the accountant under the law, like those related to auditing the financial statements and revealing cases of misleading and fundamental errors that may be included in those statements, and what the laws and instructions require of accountants to enjoy neutrality and independence in preparing and issuing the final report and what it includes in terms of transparency in addressing all financial and other violations, which may lead to the spread of the phenomenon of financial and administrative corruption.
The responsibility of the chartered accountant is mainly focused on confronting and providing a type of preventive protection against a number of risks in the financial statements, which can be embodied in all errors and fraud cases that can be included in those statements, whether intentional or unintentional, and what this requires of him performing his duties by informing the management of all those violations and errors. Otherwise, he is exposed to the following responsibilities:
First: Criminal liability resulting from his violation of the provisions of various penal legislations.
Second: Administrative liability resulting from his breach of the rules of professional conduct and duties.
In addition, the study concluded that the responsibility also falls on the beneficiary party as it is primarily responsible for providing a coherent and sound internal control system, and taking into account its application in a fundamental manner; because this reduces the possibility of the existence and spread of cases of deception and error in the financial statements, which is positively reflected in addressing cases of administrative and financial corruption in all its forms and manifestations.

Competent courts exercise many tasks in accordance with the discretionary authority granted to them by the legislator. Among those tasks are issuing judicial decisions related to the progress of the case or matters of proof, which help in resolving the merits of the case. Given the connection of the fate of those decisions to the final ruling issued on the merits of the case, the procedural laws Including the Iraqi Civil Procedure Law No. 83 of 1969 (the amended), and the Egyptian Civil and Commercial Procedure Law No. 13 of 1968. It dealt with the issue of appealing these decisions, especially the appeal, independently of the final ruling. It decided on a general principle stipulating that it is not permissible to appeal, with some exceptions that It has justification for the permissibility of appealing it on its own, and the appeal against it was characterized by a kind of privacy that accompanied the provisions regulating the appeal of these decisions.

Limiting and restricting banking secrecy is important to facilitate the procedures for controlling and monitoring the sources of funds, and for controlling money launderers from exploiting the banking systems to facilitate their commission of money laundering and smuggling crimes. The research was divided into two sections through which the researcher presents some of the steps taken by international agreements and comparative legislation to limit banking secrecy. The most important result have reached is the absolute application of the commitment to banking secrecy raises many problems and suspicions regarding the legitimacy of the funds deposited in these banks, especially since the basic purpose of banking secrecy is to preserve the legitimate interests of customers and not to disclose private data. Therefore, the Iraqi legislator must intervene to stipulate the setting of some limits regulating banking secrecy.