Journal of college of Law for Legal and Political Sciences

Administrative contracts are based on joint cooperation between the parties to the contract, i.e. the administration and the private investor, in order to reach the best results for both parties. As a result, new forms of administrative contracts appeared, known as BOT contracts, which are nothing but a new form of traditional franchise contracts. The most important feature of bot contracts is their adoption of many concepts alien to the traditional legal system of administrative contracts and originally derived from the Anglo-Saxon legal system, such as the principle of legislative and contractual stability, as well as the possibility of settling their disputes by alternative methods of judicial settlement. Alternative means of settling administrative contract disputes can take two forms, namely, amicable means, and arbitration. Arbitration will be the subject of our study.

Saving is one of the indispensable means for countries, especially developing ones, to face any economic fluctuations, as it contributes to the accumulation of capital and encourages investment projects to invest the saved money or financial surplus. The fiscal surplus or saving is achieved when public spending decreases in exchange for the public revenues generated, which makes it a vital component in achieving the desired economic balance. Saving may be mixed with the concept of investment, but each has a completely different meaning, despite the close relationship that combines them. We have shown many definitions There are sources of funding for government savings, including tax revenue, cash issuance and local borrowing, as well as income from social contributions and grants, and on the other hand, there are ways to develop and enhance government savings, including rationalizing public spending, and improving policy Local borrowing and others, and through this study we reached some results and proposals, the most important of which is the reform of the financial system, and work on rationalizing public spending and avoiding waste and extravagance until financial abundance is achieved, and diversifying public revenues and not relying on some of them without the other

The trademark is an instrument to distinguish merchandise merchandise from another merchant, and the trademark after it is immovable money, to which many actions are returned, including what is a transfer of ownership such as sale, and some of which are not transferable to ownership like a mortgage, and as far as the matter relates to the mortgage of the trademark, then the mortgage of the trademark A contract, like all contracts, is subject to the satisfaction, place and reason for any contract subject to the availability of the general elements of the contract, as well as a formality in terms of registration, publicity, and advertising, and at the same time it has many effects, and we have satisfied ourselves with the obligations of the current person, given that the trademark will not Hand it over to the Organism mortgagee, being in need of cash for the sustainability of its business, so the mortgage contract was held for him.

The issue of the spread of landmines is one of the main challenges facing Iraq for nearly four decades, and it is also considered one of the most important obstacles to living in safety and economic development, especially since its danger still exists despite the tireless international efforts to help Iraq remove them and clear large areas of them. There are many difficulties that face the disposal of landmines, and their spread over large areas, in addition to technical, security and other difficulties.

The phenomenon of violence, which means ruggedness and roughness, is considered one of the most serious crimes that have occupied the attention of the international community at the present time. It is a complex and old phenomena, known by all societies. Its difference among societies lies in the causes of its outbreak and its level. In Iraq, violence has become inherent since the emergence of the Iraqi state in 1921 to the present. It has had its negative effects due to the loss or harm caused to individuals and property and its creating a state of anxiety and instability in Iraqi society through practices that are all unethical and contrary to human rights. Behind this phenomenon, there are several reasons or challenges, including internal ones related to the bad political, economic, social and cultural situation in Iraq, especially after 2003, and other external ones linked to the role of regional and international factor. The US occupation of Iraq in 2003 is the turning point in the emergence of violence in Iraq of all kinds and intensity because the occupier deliberately cancelled the existence of the former Iraqi state with no plan to build a democratic Iraqi state with institutions. The occupation also let things go according to the theory of creative chaos bringing the violence in Iraq to the most severe degree. Thousands of people were killed and the state's infrastructure destroyed leaving it unable to fulfill its role and leaving the country to live in a political, economic and social crisis that was accompanied by a state of democratic blockage despite its attempt to overcome its crisis. This led to the Iraqi citizen to feel frustration and hatred for everything. This posed a threat of the collapse of society and the state. The predominance of the authority and its tendency to control and the arbitrariness of its organs has led to a state of dissatisfaction, and the spread of violence widely and increasing social contraction towards it.

The Exchange assumption is one of the legislative drafting methods used by the legislator in drafting some texts related to commercial papers, and this method involves creating a legal rule that organizes, complements, or explains what is missing or ambiguous in the contents of the paper, and certainly when the legislator formulates legal rules, it aims to achieve certain goals. They may be drafting and they may be practical, and the practical goals are divided into technical goals that become clear within the framework of a single commercial transaction, such as enhancing the speed of circulation or strengthening credit in the paper or the economy in invalidity (reducing cases of invalidity). But if we look closely at these ends, we will find that they aim to achieve other long-term goals that can constitute ideal ends for the morphological assumption. Perhaps the two most prominent ideas that we can put forward as an ideal end for it are the idea of the supposed will of the people of the morphological paper and the idea of transaction stability; It is as if the legislator, when supposed to organize, complete or explain the morphological behavior, is trying to rely on the supposed will of the people of the paper; They are the ones who created the morphological commitment to their will, and this will is the highest value that the legislator must track, or it is possible that he made these assumptions in order to maintain the stability of transactions, and to take note of these two goals we will divide this research into two demands, we deal in the first requirement to rely on the assumed will as an ideal goal For the morphological assumption, and then we show in the second requirement the stability of transactions as an ideal goal for the morphological assumption.

Research Summary Presentation is the most precious and valuable thing that a person possesses throughout his life , as his protection is one of the basic rights of individuals , and the child is considered the bud of life . and psychologically , to take charge of his affairs and to know his duties , and to commit sexual harassment against children who have not reached eighteen years of age , and rape or sodomy to infringe his honor. And violating the view of children is the topic of our study , which is ( Protecting the child from sexual harassment – a study within the framework of international covenants ). Between It is obvious that there is an increase in cases of harassment against children due to poor economic , political and social situation . And we suggested : The need for international conventions concerned with Protecting children from sexual harassment to include an effective mechanism to ensure that states adhere to their provisions . And that there are international bodies that monitor the adherence to International conventions and its growth

illiteracy is no longer measured by the number of people who did not know how to read and write. It is now measured by the extent to which people are aware of the use of digital technology, whether on a personal or public level. The entry into the era of electronic development and the consequent elimination of time and distance and the provision of effort and speed in the achievement and reduce costs, as the entry of computer and the international network of information on all aspects of private and public life; makes it easier to work in the state departments to the extent that began to change The style of management from a traditional human-based to a new machine-based pattern, or what is called e-governance, which came into force since the late 20th century and the beginning of the present century, began to spread rapidly and many countries of the world were moving towards modernity that could not Greatest Despite the existence of challenges and some difficulties hindering performance; which we will address through the course of our research.

The opposition received the government and the beginning of talk about the process of democratic transition and the popular protests witnessed by the Arab Spring revolutions, which Morocco witnessed on February 20, 2011, which resulted in the new constitution for the year 2011. The change in the 2011 constitution was carried out at the level of political institutions and at the level of government formation The new constitution affirms that the system of government in Morocco is a system of parliamentary, democratic and social constitutional monarchy, and sovereignty in it is exercised by the nation directly through referendum and indirectly through constitutional institutions. Morocco knows partisan pluralism, as political parties, trade union organizations, local groups and professional chambers contribute to organizing and representing citizens, and the single-party system is an illegal system.

The legal quorum is part of the essential procedures necessary for the House of Representatives to convene legally and perform its constitutional duties and functions. This study came to examine the imbalance of the legal quorum, by addressing the texts of the Constitution of the Republic of Iraq for the year 2005, and the internal system of the House of Representatives for the year 2007 concerned with organizing and analyzing the legal quorum, and a statement the extent of their effectiveness in controlling the sessions of the Council, with reference to the relevant judicial decisions of the Federal Supreme Court, And it became clear through the study that there are some gaps, shortcomings, and weaknesses that marred those texts, not to mention the contribution of the nature of the political system to the submission of the legal quorum to political quarrels and wills, which necessitates the introduction of fundamental amendments to the constitutional and legal texts to ensure the commitment of members of Parliament to attend its sessions, as well as to Activating the Parliamentary Code of Conduct for the year 2016 to ensure the quality of work of the most important constitutional institution in the country, which is the cornerstone of all other constitutional institutions.

The principle of legal security is one of the contemporary concepts and one of the most important elements on which the legal state is based, in which everyone is subject to the law. Achieving it requires that there be relative stability of legal rules and stability of rights and legal positions that they are assured of under these rules. The principle of legal security has a special subjectivity that is distinct from personal security and physical security, and one of its justifications is that it protects rights and freedoms and through it, legislative inflation is avoided, as well as protecting the acquired positions of individuals.The constitutions differed in referring to it, some of them implicitly enshrined it in the heart of the constitution and it is dominant, and some of them explicitly stipulated it and they are limited constitutions.To protect this principle, a set of legal guarantees must be available, which are represented in the constitutional foundation and ordinary legislation, and judicial guarantees that are embodied in the forms of ordinary, administrative and constitutional judiciary.

The issue of globalization and its effects on Arab identity is one of the important topics that researchers have been interested in since the middle of the last century, due to the recent emergence of the concept, as well as its various effects on Arab culture, based on the abolition of barriers and dissolving cultural differences between different peoples, and the cultural identity of societies that seek Globalization has changed it from the interaction of several elements, language, religion and gender, as well as concepts and values, and cultural identity: it is all that characterizes and distinguishes the self. Identity basically means uniqueness, and it is the general core characteristic of a culture

The study of causal relationships is an inevitable matter and an indispensable intellectual requirement in order to achieve justice. Holding a person accountable or taking an action without a realistic or legal reason, which is one of the important pillars of the administrative decision.

Societies and countries are at times vulnerable to circumstances and crises as a result of wars, disasters or internal conflicts that may be prolonged or shortened, regardless of the amount of time, size or impact. However, if community diversity is a feature of the state, Which has used its capabilities and potential and its relations with the international community wisely and sought to promote the concepts of tolerance and coexistence through the people, or through its agencies as the director of civil defense and the Directorate of Tribal Affairs or various legislation, and as the city of Mosul, Jtmaa, what is achieved by the state at the national level will achieve its effects on the level of the city of Mosul as part of the whole Iraq.so that divided our search to Pena in the first section mainly philosophical and legal tolerance and co-existence and , We explained in the second topic the concept of tolerance and co-existence and factors achieved

The phenomenon of beggary is one of the negative phenomena that Iraq suffers from,and due to the increase in and the spred of returning baggars in a large way , especially the women and children category, and the many negative effects of begging , including social , economic, security and psychological ones , in addition to the fact that this phenomenon, The human right and dignity to be provided with a decent way of living is violated, so this phenomenon has been criminally addressed in Iraq, as the Iraqi Penal Code and the Juvenile Welfare Law stipulate the phenomenon of beggary as social crimes, and in 1999 the Iraqi Penal Code was amended by Law No. 16 and according to that amendment The condition related to the beggar has been deleted that he has a legitimate resource to live from or was able to obtain this resource through his work. Under that amendment, the legal status of the beggar changed because he became confused with the crime of beggary by simply begging without knowing the reasons for doing so. Therefore, this criminal policy evades the responsibility of the state towards Its subjects provide food security and social care to these groups and the situation still exists so far, and we see that this legal text has become inconsistent with the constitutional provisions contained in the Constitution of the Republic of Iraq for the year 2005And related to the economic and social rights contained in Articles (29 and 30) of it, so the Iraqi legislator since 1999 until now has removed responsibility from the state, although Iraq has a lot of financial resources, so you must reconsider your criminal political house and return to the old text contained in the text of Article (390) of the Iraqi Penal Code.

The right to privacy is mostly what is discussed under natural conditions, but given the spread of the epidemic represented by the Corona pandemic and the accompanying measures and decisions, some of which constitute an infringement on personal privacy, so it was necessary to search within the scope of this right at the time of the spread of the epidemic, specifically the Corona pandemic and what are they The limits of the privacy of the individual, the latter may be subjected to a violation represented by entering the dwellings where the epidemic is spreading or suspected of its spread, as well as quarantined individuals and contacts, and pictures of the injured may be published at the time of injury and what this matter constitutes moral harm to the injured person and his family, so standing on The limits of privacy for individuals in the time of the spread of the epidemic is a necessity that should be researched.

Iraqi legislator did most define the crime and that's what conditional release of most criminal legislation, but the legislator define an act that leads to the achievement of the crime as an assault that leads to achieve the result rea where to put legislator death mil crime text of the law through the criminal proceedings and the back of the subject of multiple crimes and its impact on the punishment in front of the actor committing more than a wrongful act leads to committing several crimes trace penalties for specific crime carried out without the other for the law of criminal courts and comparative assets appeared to have several cases concerning the effect of multiple crimes in the case of moving the criminal case.

The topic of the research deals with the idea of the electronic currency system and electronically processed data, through the statement of electronic currency crimes, which revolve around the nature of electronic currencies and the crimes resulting from their use. The results of the research showed the criminal protection of electronic currencies and the role of legislation in providing legal protection, and defining the meaning, components and limits of the information system in the light of Iraqi legislation, and what was settled by the position of other legislation, with the need to determine technical or technical protection with the presence of legal penal protection for it..

The personal belongings of the deceased person raise many problems among the heirs concerning the right of any of the heirs to possess them. In fact, these personal belongings are considered as an important part of the legacy which must be distributed among the heirs according to the Sharea’a rules of inheritance. Thus, the present study tackles the concept of personal belongings and their different types, as well as going into the details of the provisions of Habwa as a method of sharing personal belongings and its explanation, its types and rulings, and a statement of the position of Muslim jurists about it and the Iraqi legislation and also the comparative legislation. Then, the validity of provisions of AL-Habwa have also been dealt with in this research in order to know whether it is possible to have some amendments or to keep these provisions as they are to attain the required legal objectives at least for the time being.

The four Geneva Conventions for year 1949 and the attached two protocols with it for year 1977 have organized the disputes and classified it for two types of dispute, the international dispute and un-international dispute besides of the customary rules of international law which consisted some rules and judgments which applicable on mentioned two types of disputes, but because of violations of human rights inside some countries and the advantages and targets of foreign countries and armed groups, the interventions were increased the un-international disputes. This intervention become directly or un-directly in accordance of intervention status, this made the nature of dispute to be international dispute by intervention of foreign parties whom has advantages and took its actual control or complete on some armed groups for actualizing his targets through those groups. The intervention could be by official request from government or from armed groups or without permission. Two international courts (the international court of ex-Yugoslavia and international justice court) have seen in disputes which were classified it is international, e.g. Tadic case in Yugoslavia and military and semi-military activities case in Nicaragua. Naturally the multiplicity of international armed dispute and bedside of multiplicity of their targets and means, which generate violations and victims against un-participated civilians in armed operations and civilian works and governmental establishments at the same time and violations could be arriving into war crimes and crimes against humanity. These violations arrange international responsibility and individual criminal responsibility on their actors, but proof and arraigning this responsibility is not easily because of missing the international humanitarian law the rules which organize the responsibilities of parties in int

The issue of Iranian policy toward Venezuela Post-Cold War is one of the topics that did not hasn't been given enough attention as it should , so this study came to know the importance of Venezuela in Iranian foreign policy, which varied between what is a political goal aimed at expanding the circle of alliance with the countries of the Latin continent, especially Venezuela, to gain their support To vote for it or stand against the imposition of sanctions on it, and to form an alliance against US hegemony, or as former Iranian President Mahmoud Ahmadinejad calls it the “Bolivarian Alliance”, and between what is an economic goal aimed at obtaining uranium and searching for markets, and between what is a strategic goal Security aims to expand the sphere of influence and movement in the nearest geographical area of American lands, in addition to Iran making great efforts in order to achieve these goals with various tools, the most prominent of which was the political, economic and cultural tool through Iranian institutions that were able to transfer part of the Iranian model to some countries of the Latin continent, especially Venezuela In the process of extending its influence to Venezuela, Iran also faced a fierce competition with the United States of America, which, through its policy, sought to prevent Iran from Penetration into the countries of the Latin continent, and because this presence in Venezuela will help Iran to use it as a future pressure card when negotiating with the US administration over the Iranian nuclear program.

This research included studying the subject of the objective conditions for seconding the public employee, which is one of the important topics. We have divided this research into three sections. In the first section, we dealt with the conditions related to the loaned employee in two demands, the first of which contained the conditions related to the loaned employee in comparative legislation, and the other we devoted to studying the conditions related to the loaned employee in Iraqi legislation, while the second topic was devoted to talking about the conditions related to employment. This is in two demands, as we will deal in the first requirement with the conditions related to the job loaned to it in comparative legislation. The other two demands. We singled out the first for conditions related to the entity loaned to in comparative legislation, and the other we devoted to finding out the conditions related to the entity loaned to in Iraqi legislation, and we concluded our research with the conclusions and recommendations we reached.

Of course, there must be a sufficient budget for each governorate that is not organized in a region, in order to meet the requirements that it needs to carry out its duties towards the public, and that can only be with a high degree of cooperation and integration between the governorate and the government in the center, in order to be able to achieve enough to organize its financial affairs, which applies It is subject to the provisions and rules that apply to the general budget. Accordingly, each governorate has its own local budget, and the existence of this budget is inevitable, as it is necessary for its independence.

Often the Warring States signed international treaties after the Magistrate, which often the superpower dictates its will on the weak state. Moreover, this convention convened under a situation that does not leave freedom to choose. This article shows the truth of this treaty thorough study to find out an analysis of the subject in terms of international legitimacy to those treaties. Iraq will be a model of this study as a weak country after suffering of a military defeat in the skirmishes or different wars with Western powers, or when there is a threat of those forces to take military action ,Treaties that signed by the participants exercising their powers by crossing limits of judicial authority. Also, leaders usually pass the will of people which should have been made of those treaties to be illegitimate treaties, therefore, this research focuses on the type of agreements, taking into consideration the strategic security agreement between Iraq and the United States of America as a model of this study to show the extent of the legality such a an agreement from the international perspective, how it binding both countries. This paper gives the statement of the dangers caused this treaty on the present and future of Iraq, so this research divided to several sections, the first section the conception of an agreements second is the objective conditions for the validity of the contract Section III: friendship agreement and coalition of Iraqi-US.

The administrative judiciary is of great importance in the countries of the comparative judiciary; And for any other political system, being a solid pillar supporting the rights and freedoms of individuals from the abuses that may occur by the administration, in addition to that, the presence of a sober administrative judiciary is the sign of the legal state that is based on respect for the principle of legality in which the ruler and the ruled are equal before the law and which obliges the administration to respect the law from In terms of subject and form, the research aims to reach the latest developments in the course of the administrative judiciary in Iraq and to see its practical reality and the most important obstacles that hinder its work and the problems facing its work..

Today, many individuals are exposed to privacy threats and have hired companies not only to monitor who has visited the site, but to infiltrate the information about registering on websites. With individuals in their records, such as financial and health information, they must also include their private data that is circulated through browsing and communicating on the Internet.Hardly a day passes without hearing about the breach of the right to privacy, especially in light of the technological development and the massive information revolution. It is necessary to create balance and harmony between the interest of society and the private interest of the individual by relying on the rules of contemporary public international law.

Environment pollution is a serious issue that always countries pay attention to and try continuously to address within national legislations despite signing several international conventions on this issue. The past two decades have witnessed a considerable attraction of international oil companies to invest in the oil and gas industry and start petroleum activities in the Kurdistan Region of Iraq. Consequently, its environment has been faced significant damages. The main aim of this study is to evaluate and analyse environmental provisions and discuss the extent of their effectiveness in the Kurdistan Region’s production sharing contracts. Therefore, this study by using some useful sources and pursuant to relevant legislation has tried to answer the research questions. The research method adopted in this study is a qualitative comparative analysis, primary and secondary sources are part of the data collection. Finally, the principal conclusion from the study is that there are some flaws and loopholes in the current environmental provisions of Kurdistan Region’s production sharing contracts and they need revision to be more effective

There is no doubt that the position of the governor is one of the most important positions in the field of local administrative organization, as he is the highest executive employee in his administrative unit, and as a guarantee for the good performance of the public function, any position, including the position of the governor, must be in the service of public interests, otherwise, whoever occupies this position will be subject to legal accountability, and the matter may end in the dismissal of the governor, and here the question arises about the nature of the dismissal of the governor, what are its cases, the reasons that lead to it, and what are the implications for it?
The problem of the research was the presence of a legislative deficiency regarding the legal organization for the dismissal of the governor and the procedures for interrogating him in Iraqi law, Thus, the objectives of the research was to address the legal organization for the dismissal of the governor in Iraqi law and its evaluation, and to clarify its shortcomings and loopholes in order to bridge these gaps and to propose legal texts to bridge the existing legislative deficiency and develop it, all according to the analytical and inductive approach.
The research reached a set of conclusions, including that the dismissal is a reason for the unnatural interruption of the functional relationship of the governor with the administration before the end of the electoral cycle of the provincial councils, according to the reasons and conditions specified by law, with the presence of confusion and conflict between a set of relevant legal texts, a set of recommendations and proposed legal texts were presented in the research in order to better and more accurately organize the issue of dismissal of the governor in Iraqi law.