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

Mortgage is an in-kind insurance contract, which is of great importance in the course of credit, as it is considered one of the most important credit contracts at present, because it provides protection to the creditor in obtaining his debt, when insolvency, or the debtor's failure to pay his debt on it, and the source of the obligation may be agreement, law or judiciary, and the creditor often seeks to ensure that his right is fulfilled in various ways. But there may be a mistake by the mortgagee because of his negligence, or negligence and the ignorance of the living mortgage, and after his death when the current demand for his money does not find it, because of the mortgage, here we stand in the face of a problem except that the mortgaged money is not disclosed, so the mortgaged money is lost, and the problems that may arise due to ignorance about the commitment of the heirs to that mortgaged money and the disputes that may occur between the heirs of the mortgage and the current. Therefore, we will show in this research the concept of the ignorance of the Possessory mortgage and the statement of the cases in which the ignorance of the living mortgage occurs and the impact it has on it.

The banks work before deciding to grant bank credit to take note of the risks that will be exposed to them when granting credit by identifying the sources of those risks. The latter is the result of common factors that all contribute to its realization, even if the contribution of each factor differs from the contribution of the other factor. And if the main factor, as banking studies indicate, is the result of the unwillingness of the customer (the debtor) to repay the loans he owes, or his inability to achieve the appropriate income for the purpose of returning the loan amount. Therefore, there are criteria that banks rely upon when granting credit to help them analyze and identify the risks that accompany the process of granting bank credit.

This research discusses the implementation of a legal framework over financial transactions that are undertaken with or without regulatory oversight, and how it will enable access to a more developed financial services sector, commiserating with the developing current global financial markets. Technological progress has innovated digital currencies, and a legal framework has been put in place to oversight them. On the other hand, crypto currencies, there is no legal regulation for its framework. Therefore it has become very difficult to oversight them, in most countries of the world. To address this issue, there must be a qualitative legal on all transactions. This research has focused on addressing all these aspects, to prove the hypothesis of legal regulation that is commensurate with how this oversight is implemented, and in proportion to the method of using financial technology, and its rapid growth. The first section dealt with defining the legal regulation of financial technology oversight. The second section focused on the transaction oversight. The third and fourth sections, dealt with the issue of legal regulation, as a tool for balancing between the regulatory systems and transitions, and how it can monitor these activities. The research also reached several conclusions that centered on the need for efficient legal regulation. As well as the ability to consolidate control systems on rapidly developing transactions to protect all parties involved.

Despite the fact that the care of people with disabilities and special needs is a duty that falls on both members of society and state institutions, but the law in the countries in question has identified some public administrations and made them directly responsible for meeting the requirements of persons with disabilities and special needs as far as they are concerned and according to the nature of their work.
In addition to these departments, there are many institutions that play an important and major role in caring for the rights of persons with disabilities and special needs, such as institutions, bodies and non-governmental organizations that participate in providing protection and guaranteeing the rights of persons with disabilities and special needs.

The proceeds of the sale of the pledged funds shall be distributed among the creditors in accordance with the rules laid down by the legislator in the laws regarding the priority of some creditors in fulfilling their rights before others when the privilege is achieved for them upon execution. All of them, and if the law does not stipulate the rank of debt, it will be lower in rank than every privilege stipulated for its rank, that is, the right of privilege gives the creditor the holder of the privileged debt the right to precede other creditors whose debts are not privileged or the privilege of their debts is late, and that the law when it decides the privilege For a debt that takes into account only the character of this debt without regard to the person of the creditor, and that the creditor’s fulfillment of his right is from the sums obtained from the sale of the pledged money, which is called the proceeds of implementation, but this fulfillment does not raise procedural problems unless there are several creditors who have the right to fulfillment and the execution proceeds are not sufficient to fulfill their full rights, and for that the legislator intervenes to set rules and procedures for distributing the proceeds of execution to the creditors, and these rules specify the creditors who have the right to participate in The proceeds of the implementation were distributed and the method of distribution was determined, and at the same time, the legislation in question was approved for those who have the right to participate in the distribution, a degree of freedom in this regard by allowing them to agree amicably among themselves on the method of distribution, but under the supervision of the judiciary, and the research concluded that the rules for distributing The proceeds of the sale of the pledged money is a tool that keeps pace with the preservation of rights and delivers them to their owners from the creditors.

In view of the tremendous development the world is witnessing today in the field of information technology and modern communication systems in a way that was not accustomed to it before. Marriage, as various informational means, whether verbal or written, enter into its contractThus, it allowed the scientific and technical development of software and applications from social networking sites "Facebook, Twitter, Skype, Viber, Imo" or one of the websites or through one of the written conversation programs as in the e-mail (E-mail) or the (messenger) program or other One of the modern means of entering into the ways of concluding the marriage contract. Accordingly, the issues of the emergence of the marital bond through informational devices and means make these issues valid and considered if their legal and legal conditions are met In order to understand the aspects of this research, we found it appropriate to divide the research on the subject of concluding the marriage contract by informational means into two sections. Marriage by written informatics means. As for the second topic, we looked into it for the ruling on concluding a marriage contract using informational means. We dealt with this subject on two demands. We singled out the first requirement for the ruling on concluding a marriage contract in Islamic jurisprudence, and explained in the second the rule of concluding a marriage contract in personal status laws We arrived at a conclusion in which we established the most important results and recommendations drawn from this research

The informational means have produced problems related to proving the contract concluded with these informational means, and these problems represent a challenge to the usual legal systems, and the most prominent of these problems is that the information contracts in the absence of physical supports are carried out by means of information in the form of written data or sound and image that appear on the screens of computers or Portable devices are used in matters related to the emergence and termination of the marital bond. Here, a fear arises of the possibility of not obtaining physical evidence to prove what has been concluded regarding issues related to personal status, such as marriage contracts concluded electronically, as well as the occurrence of divorce, or the establishment of a will through electronic means, especially in the absence of a material intermediary in which these issues take place and where they take place between the parties They are only united by a contemporary virtual presence on the network, and none of them has control over the used technical system or prior knowledge of its technical techniques, which results in the emergence of legal problems represented in the reluctance to accept informational evidence in the proof due to the questioning of its ability to perform the functions performed by traditional means of proof, no Especially since the technical reality indicates that the professional or professional, with his control over the technical tools, has the possibility of preparing a prior evidence of his behavior and controls its creation on his own, which doubts its sufficient authenticity.

It is customary for the Security Council to take resolutions condemning terrorist crimes, but in the last decade of this century, especially after the September 11 attacks in the United States of America, the Council began to adopt a new policy regarding terrorist crimes as a threat to international peace and security, and then to take measures In accordance with Chapter VII of the Charter, these measures included imposing sanctions on states, organizations and persons sponsoring or supporting terrorism and providing legal assistance to countries affected by it. Not only, but his role evolved into forming an international investigation team to collect and store evidence and complete the investigations conducted by the national authorities in Iraq or another country, and accordingly our study was to determine the role of the Security Council in forming the investigation team, its terms of reference and its role in the process of collecting and storing evidence of these crimes and the use of this evidence Before the competent courts that will prosecute the members of the organization who
bear the greatest responsibility for these crimes.

Terrorism has become at the present time a widespread phenomenon and one of the problems facing societies at the international and internal levels, and despite the lack of agreement on a specific definition of it, there is an international consensus that it constitutes a threat to international peace and security, and terrorism has taken various forms and forms, including suicide bombings and car bombs. Hijacking ships and planes, attacking embassies and consulates, and others. As a result, countries have legislated criminal laws to combat these crimes, established their jurisdiction over them, and ratified many international conventions aimed at combating the danger of these crimes at the international and national levels. Referring the perpetrators of these crimes and determining the competent judiciary was not the case. It is easy because it raises many problems, including conflict of jurisdiction, sovereignty of states, as well as the case of extradition or trial of criminals, so our research has dealt with the mentioned problems.

The Human Rights Council is the highest international body responsible for protecting and promoting human rights globally. The Council can be considered an extension of the dissolved Human Rights Committee, which began its work in the field of human rights development in 1946 until it was dissolved in 2006 due to its exposure to politicization, which led to the weakening of its role.
The Human Rights Council was able to achieve a qualitative leap in the field of promoting and promoting human rights by emphasizing the rationalization and improvement of the weaknesses that the Committee previously suffered, and the universal periodic review mechanism had a major role in protecting human rights at the global level by reviewing the human rights records of countries All in a fair and non-discriminatory manner, to ensure that they comply with the commitments made by those countries in the field of human rights protection.

Banks are the most important economic nerve in any financial system for any country, even for developing countries, as they represent the most prominent means used by those countries to operate capital in them. The mechanism for establishing these banks, how to manage them, the business they engage in, up to the stage of their termination and the demise of their legal personality, is in the laws specific to banks exclusively, and since the most important point from which any bank begins is the start of obtaining the legal personality, which comes after granting the competent administrative authority, which is the Central Bank , authorizing him to do so, but this grant is not an administrative procedure that has eternal effect like other administrative decisions. Without that, which is whenever the same bank requests this revocation. Therefore, dealing with the issue of granting a license and its procedures, as well as cases of revocation of a license and the procedures for that, is one of the topics that need to be discussed, the details of which will be explained in detail. This search was conducted.

The position of legislation on dealing with narcotics and psychotropic substances within the scope of our study is represented in the legal disposition of those substances, such as selling, buying, owning, medical description and pharmaceutical dispensation, as well as material work such as cultivation, production, manufacture, transportation and delivery, and everything that falls within the legal disposition and material work are mentioned above, including the examples above, They are images that fall under the meaning of the permitted dealing with those substances according to a philosophy set by the international conventions on combating narcotics and psychotropic substances, represented by (the Single Convention on Narcotic Drugs of 1961 as amended by the Protocol of 1972, the Convention on Psychotropic Substances of 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Substances). mentality in 1988), and the Iraqi and comparative legislator also went to it. Because of the importance of the subject, it must be noted that all of the above agreements, and all legislators (Iraqi, Egyptian, Emirati, and French), are in agreement that dealing with narcotics and psychotropic substances are crimes punishable by law, and this is the principle, except that it is an exception to that principle. deal with those materials; Those agreements and these legislators authorized it according to certain purposes, where provisions were stipulated regulating its purposes (i.e. the above dealings), and also provided for the criminalization of acts in violation of these provisions, and the punishment of their perpetrators with certain penalties. The aforementioned international and national legislation represented by the Iraqi Narcotics and Psychotropic Substances Law No. 50 of 2017, amended, the Egyptian Law on Combating Drugs and Regulating their Use and Trafficking No. 182 of 1960 as amended, and the amended Emirati Narcotics and Psychotropic Substances Law No. 14 of 1995, amended, The Public Health Law amended by Decree No. 2007-157 of February 5, 2007, and the new French Penal Code promulgated in 1992 by Law No. 683-92 of July 22, 1992 and in force in 1994, all tended to establish a strict legal system represented in the regulation of provisions Licensed dealing with narcotics and psychotropic substances and determining their purposes, due to the health, social, economic and security risks that these substances may cause if they are dealt with in violation of the above provisions. Therefore, based on the foregoing, narcotics and psychotropic substances, in accordance with the international legislation represented by the aforementioned agreements and in accordance with the national legislation stipulated by the Iraqi and comparative and previously mentioned legislatures, may only be dealt with as an exception and exclusively for specific purposes and according to the position of each legislation, and otherwise we are facing a violation of the provisions of that Dealing and, consequently, one of the offenses of violating the provisions of the permitted dealing with those articles is realized if its elements are available.

that electronic voting machines have a key role in ensuring the integrity of elections and thus protecting democracy it is important that voting machines do what they were designed for,such as facilitating the voting of voters in a safe and accurate manner.voters must have confidence in these machines and have confidence that their votes are recorded as being cast. And that their privacy is protected and that the apparatus is not subject to resurrection ,and to provide this confidence ,voting machines must be selected according to criteria before using them in the elections,and that these criteria differ from one country to another ,and electronic voting reduces effort ,time and expenses and would preserve the integrity of the electoral process.

The methods of interpretation based on the purpose of the text and what is sensible of them all refer to the mental significance of the text, for the latter reveals the basis of judgment and wisdom from legislation and can be relied upon in reaching the real purpose of placing the text, and the Iraqi legislator mentioned it in separate texts, some of which are in civil law and others in the law of evidence; He referred to work by analogy, and stipulated the content of the text and the wisdom of legislation, which are concepts that do not operate independently of each other, but rather overlap among them at the level of application.

The idea of advanced interpretation stems from the purpose of the law to organize society in a sound organization, and from observing the wisdom of legislating texts, and decomposes into two components that complement the other, namely, revealing the content of the text, and responding to the existing needs of society. That is, the idea of advanced interpretation) is distinguished from it by its content of adapting the text in line with reality, and it was stipulated by the Iraqi legislator in Article Three of the Evidence Law, and it was paved for it in the Civil Code with multiple texts.

The contract for the settlement of the salaries of state employees is one of the reciprocal contracts, so it is natural that this contract has effects represented in the contractual obligations imposed on the parties to the contract and their contractual rights, and thus it is similar to other contracts established by the contract in the relationship between its parties, except that it is distinguished from other contracts Contracts in terms of the effects that this contract entails, and considering the settlement contract has major implications for its two parties, which is the obligation to implement the rights established by the contract, and the implementation of those rights is carried out through specific implementation in accordance with what is included in the contract and in a manner consistent with what is required by good faith. Since the general rule accepted in the field of contracts is that the contract is the law of the contractors, which governs the implementation of contracts, so the parties to the contract must respect the contract and implement their obligations. The moment the offer is issued and accepted, and manifestations of this appear through the direct implementation of the transfer order by the bank or the issuance of a new order in the event that more than one bank intervenes in the implementation of the electronic transfer, and the contracting bank with the administration has several rights as the second party in the contractual relationship.

When concluding the contract, the parties always seek to implement all the obligations imposed on them, as this implementation achieves the maximum needs and requirements of each party. The appreciation of the benefit that the contract brings to him because he will be unable to meet the needs and requirements of this party. Therefore, the basis of the obligation to mitigate harm finds its basis in the philosophical principles represented by the rules of justice and fairness and the legal principles represented by the principle of good faith, cooperation and causation, as well as the Vienna and Leondroit Conventions and the Commercial Arbitration Court.

The topic of our research (the legal implications of the termination of the membership of the Presidency of the House of Representatives) studied the cases that result from the vacancy of the position of the Speaker of the House of Representatives, and how to fill or fill this vacancy, believing in the importance of this issue because the representative represents the entire people and exercises many of the powers and authorities entrusted by the people For the representative in which the will and aspirations of his electors are manifested, so our study focused on a statement of the legislative organization of the cases that result in the vacancy of the seat of a member of the House of Representatives, and how to fill the vacant seats in accordance with Article (49/5) of the Constitution of the Republic of Iraq for the year 2005, as well as the law to replace members House of Representatives No. 6 of 2006 amended by Law No. 49 of 2007, Parliament Elections Law No. 9 of 2020 and the internal system of the Iraqi Council of Representatives for 2016, and Law of the House of Representatives and its formations No. 13 of 2018, as well as the position of the Federal Supreme Court on that, then it became clear from During our study, there are many gaps and defects in the texts regulating the subject, as well as the existence of contradictions and inconsistencies between those legislations.

The traditional mechanism for selling executively seized funds, represented by selling by way of public auction, has become unresponsive to the objectives and foundations of forced execution, in terms of facilitating its procedures, achieving a balance between the interests of the parties, and taking into account the humanitarian, economic and social considerations of the debtor. Regarding the sale by public auction, through which the debtor is allowed to sell his seized funds himself to fulfill the rights of the creditors, but these legislations did not give this sale sufficient attention in terms of legal regulation, which resulted in the emergence of many problems, including the lack of clarity of its legal nature, which is considered a precursor. It is necessary to determine the effects of this sale, and based on the foregoing, we will define this sale, then explain its legal nature, and then follow that with a conclusion that includes the most important results and recommendations.

The challenges faced by the state, financial institutions, the traditional banking system, and the successive economic developments necessitated the creation of new local financial instruments in the field of securities, for the purpose of providing cash liquidity and flexibility in financing strategic projects in proportion to the size of these projects or investments with a huge financial need. In addition to the traditional financial instruments, which are the financing instruments, which have become a complementary role to other securities, such as stocks, bonds and investment instruments. The financing instruments made a fundamental difference in benefiting from the savings of individuals and providing the financing needs, and also played a role in increasing the capital with the speed it achieved in The growth of the internal economy of most countries of the world, and this is reflected positively on the sukuk holders and the company on the one hand, and the internal economy of the state on the other. Therefore, financing instruments are a very important topic that appeared in economic life because of its great economic feasibility, and this was demonstrated by the increasing demand for this type of securities at the international and local levels. As many countries of the world have sought to develop a legal system regulating financing instruments, by specifying which companies may issue this security, how to offer it to the public, terms of subscription, the value of the instruments, their legal nature and the characteristics that make them different from the rest of traditional securities.

Withholding private the information of the Anti-Money Laundering and Terrorist Financing Council or Office and not disclosing it to others is one of the duties of any employee of the Anti-Money Laundering and Counter-Terrorism Financing Council or Office who has been acquainted with it by virtue of his guest in the council or office, as well as the duty of any person who has contact with a council or office Anti-money laundering and terrorist financing, and he was briefed on this information by virtue of his contact, and since the disclosure of this information represents harming the interests of the state and assaulting its right to detect money laundering and terrorist financing crimes, and then knowing the perpetrators and punishing them, so the Iraqi legislator stipulates criminalizing the disclosure of that information and punishing those who disclose it We have discussed the crime of disclosing the information of the Anti-Money Laundering and Terrorist Financing Council or Office by defining its nature and examining its subjectivity. Its pillars have also been clarified, as it is necessary to establish and verify two pillars, namely, the material pillar and the moral pillar. It also requires the availability of special pillars in addition to the general pillars. The pillars are that The subject of the crime shall be the information of the Anti-Money Laundering and Terrorist Financing Council or Office, and if the offender is an employee of the Anti-Money Laundering and Terrorist Financing Council or Office or any person who has contact with the Council

Maitenance is one of the issues that are disputed among countries and their various systems in particular between Arab and Western systems, and this is due to the difference in the laws that govern these countries. Adapting it has its impact on defining the law applicable to it, and accordingly the Hague Protocol of 2007 was formulated in order to organize and unify the rules and provisions of the law applicable to maintenance, which will be highlighted in our research.

And Returning to the last law, we find that the legislator’s interest is focused on granting the Court of Cassation the original jurisdiction to consider judgments issued by the trial courts as a court of law, that is, it ensures the proper application of the law, and in special cases we find that it addresses the facts, examines and assesses them, but rather adapts them according to legal rules. Objectivity, so we preferred to study the subject, hoping that the Iraqi legislator would amend the law of the Iraqi State Council and expressly stipulate the authority of the Supreme Administrative Court to address the issues of reality and the law; The rule of law and the administration’s compliance with the correct legal rules regulating its jurisdiction, the Supreme Administrative Court must be granted, by an explicit legal text, the authority to comment on the adaptation it gave The trial courts in a manner that ensures that there is no recurring cassation and achieves economy in time, procedures and expenditures

The administrative organization is based on a legal basis and a given that is the legal personality. The people of the administrative law are basically the public legal persons, and the presence of natural persons (employees) is only for their service and management. The legal personality also represents the legal basis for the competencies entrusted to the administration, as it is the basis for the process of organizing and distributing administrative competencies among the various administrative bodies and organs of the state. Despite the fact that the legal personality represents within the framework of the administrative organization, it has been the subject of controversy and doctrinal debate about its nature and the reality of what it represents in practice. In view of its importance to the moral personality and the legal consequences of its adoption and far from the jurisprudential controversy that arose about it, the legislator has approved it and adopted it as a basis or as one of the assumptions of the administrative organization.

The maritime transport sector is considered one of the main pillars in the national economy of countries that have sea coasts. It has played a leading role in the transfer of civilizations, as ships have developed into giant tankers that are more diversified and advanced, and container ships with large tonnage have appeared, and the need for advanced seaports and high administrative efficiency and internal transport networks has become Reach production and consumption centers to be able to receive and deal with these giant ships, as well as having centers for electronic exchange of information Iraqi ports play a major role in activating and revitalizing the regional and global maritime traffic and have a significant impact on the economic return of Iraq. The Iraqi port sector suffers from many problems that constitute an obstacle to its various activities, as the capabilities of the current ports do not match the developments that occurred in the maritime transport fleets and their modes of transport represented by ships Containers that require advanced port services such as high efficiency of workers, modern electronic systems, modern and fast-performing specialized cranes and other problems. When reviewing the reports of the Ministry of Planning and the relevant authorities, it turns out that the Iraqi ports in their current state do not constitute a source of attracting modern ships. On the basis of that, the study addresses the need to develop and amend Iraqi laws in a manner that encourages the application of the privatization system as well as conducting some development processes for port facilities and manpower. It has different specializations to meet the requirements of modern ships and the future need, as there are no national restrictions forcing the foreign carrier to deal with Iraqi ports, as the latter is looking for an efficient port that achieves his economic interests. Raising the efficiency of ports in line with the requirements of modern maritime transport will undoubtedly help to raise the efficiency of the economic activity of the ports by increasing the level of commercial movement in them, as well as increasing their revenues in line with the developments of maritime transport For the purpose of developing the management and operation of ports, we believe that it is important to increase the role of the private sector in the port management process through privatization. The port development process also requires encouraging private investment by granting encouraging conditions and privileges for port management and operation. The length of the concessions period and the high share of returns will encourage private companies to allocate greater investments. It is also important to prepare a master plan for the development of ports and to present development projects to private sector investors, and to attract large international companies specialized in developing ports and the need to speed up the completion of the Faw port project, which constitutes a qualitative leap. In the port sector in Iraq, in addition to infrastructure Where the human resource development process is one of the important activities that must be worked on during the development process, in particular the development of port management capabilities, and the improvement of training institutes for its employees. Ports .