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

The ballot paper is one of the most important parts of the electoral process, as it is the deciding factor in holding elections, because through it the voter chooses his candidate, and it also enhances the ability of voters to understand the options available to them and choose the best candidates. Accordingly, it is necessary to provide the necessary protection for it and ensure that it is not tampered with, stolen, damaged or its result changed. From here, the Iraqi legislator sought to add criminal protection and immunity to the ballot paper and prevent tampering with it through the text of Article (38) of the Elections Law of the House of Representatives and Provincial and District Councils No. (12) of 2018 .

Fatwa or consultation is the second jurisdiction of regional courts, which was added to them by virtue of the basic regulations of the aforementioned courts, as certain parties specified by the agreements have the right to resort to the court and submit a request for a fatwa opinion, and this matter differs from one court to another, as the aim of the fatwa is to state an opinion based on knowledge on a specific issue, as it is an interpretation of specific legal texts, and it also aims to study the issue that is the subject of the fatwa opinion from all aspects, and analyze it based on research and study, so we will address in our research the definition of fatwa and the procedures for requesting a fatwa, in addition to the parties that have the right to request a fatwa.

The principle of the authority of the will and its freedom in concluding contracts is the origin stipulated by the Latin laws and the laws that followed their approach, but that origin is no longer so in light of the spread of social doctrines, as development has forced the legislator to intervene in restricting that freedom through mandatory legal rules for purposes that he believes are more deserving of protection than those individual interests, but persistence in that restriction or excess may lead to adverse results contrary to what the legislator sought to achieve, so the text on those restrictions should be according to standards that ensure a balance between individual interests and the interest of the group, so we preferred that this research be entitled the standards on which the legislator relies when stipulating legislative restrictions on freedom of will in the stage prior to concluding the contract

The crime of tampering with ballot boxes is considered a serious crime, whether for individuals or society. Therefore, legislation has been keen to criminalize it, given the importance of the impact of ballot boxes on the electoral process, and the failure to provide protection for them leads to harm to the public interest or private interest. The crime of tampering with ballot boxes is based on two elements: the material element and the moral element. As for the material element, the crime is realized as soon as the criminal behavior is issued by the perpetrator, which is embodied in tampering with ballot boxes. As for the moral element, the crime under study is considered an intentional crime.

The summary of this study is that it seeks to clarify the scope of practicing new trade by the bankrupt merchant after his bankruptcy. We find through this study that the legislator has given the bankrupt merchant an opportunity to practice trade again after his bankruptcy has been declared, but the scope of this trade may be limited to the natural person without the legal person due to the obstacles that the latter may face that hinder the possibility of practicing this trade.

The crime of not keeping books is one of the crimes organized by the Iraqi legislator in the Penal Code and some special laws, as the practice of some professions and businesses requires public authorities to impose supervision and inspection on the mechanism of work in them, to avoid what those practices and businesses may turn into means that may contribute to violating the law and may constitute crimes punishable by law. From this standpoint, the Iraqi legislator tried to oblige the owners of some of those businesses and professions to keep certain types of books or records documenting the details of those businesses in order to ensure their legitimacy in accordance with the relevant laws and instructions, such as the owners of hotels, bars and furnished rooms prepared for the accommodation of several people, as well as merchants and pharmacists. In order to provide a legal obligation on these categories of people to keep those books, we find that the legislator has obligated them to do so under legal texts on the one hand and criminalized the case of not keeping them and punished it criminally on the other hand.

We tried to show the extent of the independence of the judiciary and what the constitutions stipulate, whetherit is completely independent or not, and what is the position of legislation on supporting the independence of the judiciary, because independence is a dream that haunts every individual in order to guarantee his rights when resorting to it, and the obsession with the independence of the judiciary achieving
The rule of law which cannot exist without the independence of the judiciary

Studying this topic titled [Obligations and Responsibility of the Documentary Shipper] is important in terms of implementing the obligations of one of the parties to the maritime transport contract, namely the shipper, by another person whose name is agreed upon to be included in the electronic transport record, called the documentary shipper, The documentary shipper carries out obligations related to paying the transportation fee and delivering the goods to the carrier to transport them. He is also obligated to provide information about the goods in order to facilitate the carrier’s implementation of the transportation process, The documentary shipper is also obligated to cooperate with the carrier in implementing the maritime transport contract. In return, he bears responsibility for failure to implement those obligations stipulated under the agreement.

The aim of this research is to demonstrate the effectiveness of discretionary authority and the role of the civil judge in seeking assistance from experience. Experience is an investigative measure taken by the judge when it is difficult for him to understand the technical issues in order to reach the truth and decide the case. To determine the civil judge’s discretionary authority regarding experience, it is necessary to know the judge’s authority to seek assistance. By experience and his authority to estimate and evaluate the expert’s opinion, and experience is a real measure and technical advice that the judge uses to reach technical or scientific knowledge related to the incident before him, illuminating the way before him to indicate his ruling on a sound basis, and it is one of the evidentiary procedures, intended to obtain information. Important in any branch Knowledge, through people who have expertise, knowledge and knowledge in such matters so that the judge can reach the truth that enables him to decide the dispute. Experience is a type of technical inspection carried out by people who have competence in technical aspects that judges do not have.

There is no doubt that the trial session must be treated with respect and reverence, which prompted the legislator to provide it with the necessary legal protection to ensure its smooth running and respect for those who conduct it from any breach, whatever its form. In fact, breaching the session system is an exceptional departure from the scope of the personal and material criminal lawsuit, and as It gives the court the power to combine the powers of accusation and investigation on the one hand, and the power of judgment on the other.
From this perspective, session control is one of the topics, Important matters related to the legal procedures regulating the work of the courts, regardless of their degree of seriousness. Therefore, we will try to review this modest, brief study in two sections and conclude it. With appropriate suggestions and recommendations.

The social protection system plays an important role in preventing or mitigating the risks to members of society social security \", which covers a range of social insurance Social security is therefore a right of the State and society to ensure the individual\'s health needs if he or she is unable to provide them either because of old age, illness or accident, States\' development and progress are measured by the level of health guarantees provided to their individuals. The rapidly increasing prevalence of many emerging diseases and underdeveloped accidents caused by modern technologies, which have made them real problems of international importance to community health, makes it all the more important to provide health and human security. That States need to address their solution, including the State\'s offer of public health facilities for management, operation or investment and development through the contracting process, Which tends to be one of the subjects of administrative law. The law authorizes the possibility of government institutions contracting doctors or private clinics with a view to providing health services to citizens, whether to avoid shortages or for the purpose of obtaining better services, This includes what we find in the Iraqi legislature, as in article 2 of the Workers\' Retirement and Social Security Act No. 39 of 1971, amended hence the problem of research on what are the terms of the health insurance contract and the fact that they are exceptional terms.

Past experience shows that the continuity and survival of states are threatened by a variety of challenges and obstacles, including the issues of state unification, disintegration, and military occupation, as a result of the absence or loss of one of the basic principles that ensure the continuity of states. However, one of the contemporary challenges that threaten the existence of states is the phenomenon of extinction associated with sea level rise caused by climate change. This phenomenon not only affects the geographical structure of states, but also represents an existential threat to the national sovereignty and political identity of the inhabitants of these states. Island states such as the Maldives and Kiribati are prominent examples of entities facing the risk of physical disappearance due to sea level rise, as they are expected to become uninhabitable in the coming decades. With the disappearance of territory, these states face unprecedented challenges related to their sovereignty, the citizenship rights of their inhabitants, and the issue of forced migration. The continuity of the state’s existence in the light of the disappearance of physical territory raises profound legal questions regarding the possibility of continuing the international representation of these states and the rights of their peoples in international forums.

Since the concept of the employee in criminal law has its own significance, and since the job characteristic is the characteristic that characterizes the public employee and has significant importance for administrative institutions on the one hand and for the general public on the other hand, our research will revolve around the impact of this characteristic in terms of permissibility justification. Sometimes, in terms of criminalization, other times, and in a way that embodies the importance given to it by the criminal legislator when it is present in a crime, in terms of the application of substantive rules between texts that permit the actions of their bearer texts that permit the performance of duty, texts that consider them an assumed pillar, and others that tighten the actions that come from their bearer.

There is no doubt about the increase in developments and the multiplicity of public needs that must be met by the administration, and in return, the inadequacy of public facilities in satisfying those needs, in addition to the inability to compete with private projects that often seek to satisfy public needs, even in return, which prompted the constitutional legislator It is normal to transfer part of the jurisdiction of the public facility to contribute to achieving the above according to certain conditions under which it can be worked. Therefore, it is necessary to search for the provisions for transferring the jurisdiction from the public facility to the underlying facilities, specifically the instructions from them, especially examining the forms of transfer of jurisdiction and the legal basis for it, and since it was Private higher education is the most prominent model in organizing the above, so we preferred to study the legal provisions for transferring specialization and the legal implications resulting from that after we pave the way for the topic by examining the underlying concept of facilities in light of the Private Higher Education Law No. (25) of 2016.

Tax rules are the foundations on which the tax system is based. These rules exist and do not exist with the legal texts. The legislator’s commitment to them and their application in the manner stipulated by the law contributes to reducing the chances of tax evasion and motivates taxpayers to respect the rules of tax law and perform their duties and obligations.

The position of Speaker of the Chamber of Deputies is an important one, representing the top of the legislative hierarchy. The high altitude and influence of this post in democratic systems, the Speaker of the House of Representatives may be subjected to numerous obstacles that may hinder the exercise of his work. Hence there is a vacuum in the most important institution in the State and in line with what can happen from these inhibitions. The legislature has endeavored to regulate the vacancy of the Speaker of the Chamber of Deputies and to enact appropriate legal rules to ensure the continuity of the legislature in accordance with the principles laid down in the Constitution.

The reasons for the civil judgment in order to express all the elements of the case, these reasons must be present in it and derived from the case and sufficient and logical, in order to achieve the desired goal of the reasoning process and in order to be able to say that the judge has made a legal intellectual effort that led to a conclusion based on the data available to him for the case presented before him, and that he has committed to what the procedural legislator has committed to regarding the necessity of reasoning and pronouncing the judgment in the manner required of him, and that the procedural legislator has required mentioning the reasons for the judgment as a formal statement in it, and the absence of this statement renders the judgment invalid, since the matter does not stop at one of the completion of a specific form even if it is empty of its content, so the reasoning for the judgment will not be, even if it is found for a formal statement in the judgment, correct unless it meets a set of conditions that the legislator has stipulated for mentioning these reasons, achieving a specific goal, that reasoning is important whether for the judge or for the opponents, which prompted the legislation to stipulate it, although it is considered a general procedural principle that is applied even in The absence of a provision in the reasoning is not limited to judicial actions in the legislative authority, which justifies its actions through preparatory actions for the laws it issues, and the executive authority often has reasons for its decisions, so there are some functions that reasoning performs.