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

The general principle is that administrative decisions are enforceable from the date of their issuance and are not suspended due to appeal, but that implementation may result in consequences that cannot be remedied through cancellation or compensation. It takes action Urgent in order to avoid the lapse of time, especially if the administration hastened the implementation of those harmful decisions, and here the court has the right to verify the availability of the urgent and serious conditions and the rest of the conditions necessary to stop the implementation (i.e. a preliminary look to form an opinion for the court) without requiring the matter to form a judicial doctrine, and it issues its ruling either by suspending Execution or not stopping it because there is no justification for it, and from here we must know the nature of the system of stopping the implementation of administrative decisions and the procedures of administrative urgency .

The public job has two concepts, the personal and the objective concept, and each concept has a position towards the public job. The personal concept sees that the job is a profession that has the character of permanence and stability to which the employee is cut off, from the beginning of his appointment to the end of the job bond, and one of the characteristics of this system is that it makes the person of the employee in the first place. With the qualifications he possesses to fill the job, the employee is not appointed to fill a specific job by itself, but rather works in multiple and varied works, and this is what allows the administration to transfer him from one job to another to maintain the interest of the work, and the administration does not have the right to terminate the employee’s service when the job is no longer needed, so it is necessary for the employee to have a culture A variety that enables him to adjust when changing work, and the most important characteristic of this concept is the idea of promotion. As for the objective concept, it sees the job as the first place, and gives an accurate and comprehensive description of it regardless of the employee’s person, and the most important of its features is that it does not distinguish the public job from other jobs the private sector, and grants them equal wages for work, according to the principle of equal pay for equal work. Home is a hybrid that combines the two concepts, meaning that the employee and the job are the main pillars of the public job.

This study seeks to create an electronic written evidence that is fully authoritative in proof on an equal footing with the written evidenc. Some legislations have issued new legal texts , while others are satisfied with adapting the texts related to evidence to keep with technological developments . International efforts have joined forces at the legislative level to approve the necessary conditions for electronic writing to perform its function of proof, as well as laying the foundations for its reliance by defining the concept of electronic writing in light of the job or its goal as well as not to discriminate against any type of writing on the basis of the pillar on which it is written, so we presented the conditions that must be met in electronic writing and the criteria for crediting electronic writing.

The Iraqi legislature and comparative legislation regulated the provisions related to dealing with alcoholic beverages, whether in terms of their transportation, sale, import, export, receipt, preservation and other aspects of dealing, and it was stipulated that it be carried out with an official license issued by the competent authorities. with the penalty prescribed by law.
Accordingly, this crime is achieved by the perpetrator committing the act of transportation, that is, he moves it from one place to another without a license to carry out this act and without the knowledge and approval of the competent authorities, and this crime is considered intentional and requires knowledge and will. Imprisonment or imprisonment, and financial penalties, a fine.

The constitutional case is a constitutional mechanism, that is, the constitution authorizes it to individuals or official bodies, so that these bodies can use it and challenge through it any legislation that is contrary to the provisions of the constitution and demand its abolition to protect their right on the one hand, and to preserve the principle of constitutional legality on the other hand, and that these bodies even To be able to file a constitutional lawsuit and to appeal through it to legislation that violates the constitution, it must follow the procedures specified by the law. If the principle is that the court will continue to consider the case until a decision is made on its merits, in case the appropriate judgment is issued in it, However, emergency circumstances may occur in the case that lead to its deviation from the normal way of adjudicating it, and accordingly, the proceedings are suspended and the proceedings are terminated, meaning that there are conditions that arise in the constitutional case and lead to its lapse, and that the laws relating to the constitutional judiciary have organized the natural expiration of the constitutional case represented by the judicial ruling. However, with regard to the extraordinary termination of the constitutional case, it referred to the civil procedure laws the issue of organizing its cases, and this was in most countries, including the comparison countries.

In November 2004, at the request of the Minister of Justice le Garde des Sceaux, a working group of specialists was formed and headed by Mr. Jean-Pierre Dintilhac, President of the Second Civil Chamber of the Court of Cassation, to designate a designation of compensable damages arising from bodily injury. The working group completed its mission on October 28, 2005, and since then, the proposed designation occupies an important place day after day as the most prominent reference tool - if not the only one - in drawing the compensation path for victims of bodily injuries. The Dantiac designation divided the damage into three categories: the first according to the type of victim (direct or indirect - by apostasy -), the second category according to the type of damage (financial or personal), and the third and final category was according to the time of the damage (before the damage was stabilized, the damage is then called the damage temporarily or after its stability, then the damage is always claimed. The appellation consequently contained twenty-nine elements, twenty of which relate to the immediate victim and nine to the victim of apostasy. What doubles the importance of this designation is that although it has not yet been approved by a law or an executive regulation, it has turned into a reference tool in assessing physical damage, after it was adopted by the Court of Cassation, as well as the conciliation, reconciliation and compensation committees, as well as for most insurance institutions. And recently within the framework of the administrative judiciary. The Ministry of Justice also recommends the use of this designation in determining the elements of damage. However, the success and advantages offered by the Dintilhac label are not without flaws. If, prior to the adoption of that designation by the Court of Cassation, the trial judges had full discretion in determining the elements of damage, the current judicial policy of the said court is to limit compensable damages only to those specified in the Dintilhac designation. This raises the protest of many jurisprudence based on Article 1240 of the Civil Code, which obliges the judiciary to compensate for the full damage, and that restricting the courts to exclusive elements will block the way for the judges of the matter to compensate for new damages other than those specified in the name under study.

The FIDIC contract has a number of advantages that helped its spread in the construction sector, and the implementation of construction projects often takes a long period of time during which conditions change from what they were at the time of the conclusion of the contract, which leads to the issuance of change orders, which contributes to the emergence of many disputes between the parties The project, it arises when one party fails to comply with its obligation towards the other party, and the nature of these disputes varies, including disputes related to project designs and plans, including disputes due to delay in implementing these orders, and disputes due to non-compliance with the agreed financial arrangements regarding those orders. The research aims to clarify the mechanisms used in resolving disputes in FIDIC contracts by indicating the means of resolving these disputes, and the procedures and rules regulated by the FIDIC contract In view of the issuance of a new edition of the FIDIC contract (the Red Book) in 2017, this research aims to show the updates contained in the new edition and how these amendments contributed to addressing many of the problems experienced by the practical reality of the users of these contracts, especially with regard to the rules of dispute resolution.
At the end, The research concluded that the means of settling disputes in the FIDIC contracts are methods governed by the hierarchy so that it is not permissible to bypass a certain method and resort to another, and also concluded that the violation of following the procedures regulated by the FIDIC contract may lead in some cases to the forfeiture of the right to claim.

The policeman, as a public servant, deserves financial allowances similar to other employees, whether they are civilians or military. Some of these allowances are fixed and others are movable, and they are regulated by the laws of public employment such as the Civil Service Law No. (1960) and General Sectors Law No. 24 - 1960. (22) for the year 2008 as amended and the Law of Service and Retirement for the Internal Security Forces No. (18) for the year 2011 as amended. In view of the importance of these allocations to the administration in addition to their importance to the policeman, we discussed this topic according to a plan that included two demands. for a list of sources.

The Iraqi national economy includes a set of policies and programs that emphasize the idea of local control over the economy and capital as set of formation, The economic policies that comprise it consist of rules, means, methods, procedures, and measures undertaken by the state, and govern its decisions towards achieving economic goals within a specific period of time, It is a set of goals , economic tools and penal protection for these provided has ledislator The relationships policies by criminal the decision of an employee or a person of (11-a-2) charged with a public service that led to damages in Article as amended (20) for the year 1970 the Trade Regulation Law No, punishable Life imprisonment or temporary – which stipulates that a imprisonment for a period of no less than ten years and a fine of no more than five thousand dinars and not less than two thousand dinars… 2- Every public servant or agent who takes a decision that leads to the national economy and the public interest with his knowledge harm or with the intent of achieving a personal interest Anyone who actually benefits from that decision, knowing that it was issued in contravention of the law, shall be considered a partner.
To protect and develop the are decision taking such a criminal national economy, achieve national economic development, implement the economic policy and the plan emanating from it, and issue mercial decisions that ensure the proper implementation of the com which the law requires for its realization to lead to damage to, policy the Iraqi national economy .
The special element is represented in the offender and the place of the crime, as it does not occur except from an employee or a on charged with a public service, and it is replaced by the Iraqi pers national economy, which is exposed to damages that affect its economic and the programs and policies as a result of making incorrect decision making that led – criminal behavior of the crime is realized in the decision whether itsis issued by the president of, To harm the national economy the Republic, the Prime Minister, the minister, or the head of an nistry, or from any minister, or from the authority that is not linked to a mi Trade Regulatory Committee, or from any employee or person charged with a public service who has the power to take decisions related to the damage is not required to be serious, but and national economy that the decision was taken led to harming the national economy, merely but the legislator increased the penalty if it led to the sabotage of national economy.

The branded jewelry is among the commodities used by many individuals, and it has economic importance as it is part of the national wealth. Therefore, the Iraqi legislature and comparative legislation have organized the provisions related to them. The caliber of each type has been determined, whether it is gold, silver, platinum or of a caliber. Low, and organized the marking that is placed on each of them, and required for the practice of the related profession of goldsmithing to obtain an official license issued by the Department of Marking of Jewelry, and subjected the activities related to it to the supervision of the competent authorities. Then it is marked with the legal marking assigned to it, and then it is dealt with on this basis, whether by sale, purchase, mortgage, possession or others. Or in any other way that makes it not conform to the caliber with which it is marked, and if that happens, it is considered a crime punishable by law, and this crime is considered intentional and requires knowledge and will, and it is a misdemeanor, its penalty is imprisonment or a fine.

The civil lawsuit goes through three stages, starting with the judicial claim and the pleading stage, then ending with the issuance of a judgment, and its procedures follow a chronological sequence in order to reach its goal, which is the judgment on the matter. Absolutely free to resort to the judiciary, and since the use of the case is a matter Optional to the right holder, he is also free to withdraw from it and terminate the case by annulment of the lawsuit petition, so it is invalidated at the request of the plaintiff or the defendant, or in the case of multiple litigants, optional or compulsory. Text (88) of the Pleadings Law, and the legislator stipulated in Article (56/2) the right of the defendant to nullify the lawsuit in the absence of the plaintiff and his neglect to attend the pleading date, provided that the appropriate time is chosen. And that does not prevent its establishment again.

Constitutions are established in two ways, non-democratic methods, including grant, contract, and democratic methods, namely the Constituent Assembly and the constitutional referendum. Given the great importance that constitutions enjoy in the life of nations, constitutional jurisprudence has made a distinction in the formulation of constitutions between the original constituent authority and the subsidiary authority. The constituent authority is a body with constitutional authority that has the power to draft or amend the constitution or amend the applicable constitution. The original constituent authority is the one who is entrusted with drafting a constitution for a new state or drawing up a new constitution for the state instead of its old constitution. The end of constitutions is the final disposal of the existing constitutional situation in the country due to For not keeping pace with and agreeing to the propositions and developments that befall society, and the constitution is terminated either in a normal or peaceful manner or in an unusual and revolutionary manner

The annulment suit is of great importance, as it provides judicial protection for personal interests and legal positions and prevents the administration from being arbitrary or deviating from the rules of law regulating its work. Since this suit includes litigation between a natural or legal person who adjudicates with administrative authority, it is expected that the natural person will be killed, his capacity is diminished, or the representative capacity of others is removed from him, such as in the case of dismissal of guardianship or the dismissal of a lawyer. The matter is achieved for the legal person in several cases, such as dissolution, bankruptcy, and forced liquidation. In all the foregoing, the most important question arises about the succession in the capacity in the case, it may be a succession in the substantive capacity in connection with the disputed right, and it may be a succession in a procedural capacity when another person succeeds to appear before the court and follow up the proceedings of the case until a final judgment is issued. It may be difficult when there is more than one heir for the deceased, or there are multiple obligations related to the inheritance. It can be said that the legal provisions will have appeared when the cause of the succession is realized, the most important of which is the court’s duty to ascertain the capacity of the litigants and their representatives, and to verify that they have the necessary capacity to litigation, as well as to ascertain the interest that is rightly considered a necessary condition for accepting the case and continuing its procedures. After that, the effects specified by the legislator will be achieved by the procedural laws, most notably the suspension of procedures until the completion of the real representation of the person concerned and the invalidity of any action taken during their absence. The administration may also file an appeal in relation to the successor, requiring the non-acceptance of his request for succession. The Law of Discipline of State Employees has specificity in this regard, as it is noted that the accountability ceases immediately with the failure of the objective character of the erring employee, and the ending of the case, whatever the stage it has reached, except if the successor has a personal and direct interest in continuing with that lawsuit because it is related to the employee’s position and its impact on the financial or moral rights of his heirs.

Banks in Iraq are considered one of the main pillars of the banking sector, which comes in second order after the Central Bank of Iraq. In light of the modern concept of banks, the latter no longer performs simple banking services such as maintaining deposits and granting short-term loans, but rather has expanded and developed these services and tasks so that they are provided through easy and fast means via the Internet, but this made them enter into competition among themselves. In addition to the broad economic variables that appeared in the era of globalization, all these factors prompted banks to search for a way to achieve economic concentration among them, which is done through merger or union. That the merger can take place by joining one bank to another or more, or it can take place by a union of two or more banks to form a new bank. Whatever the type of merger, if the banks wishing to merge succeed in conducting it, this will have important and dangerous consequences.

The mere provision of basic rights and freedoms, including women’s social rights, in the core of the constitutional document, or in legislative laws, is not sufficient to respect these rights and not to violate them. It was necessary to have parliamentary committees and ministries specialized in implementing social rights, and national institutions working to protect rights These institutions may be governmental, set up by the state, or non-governmental organizations such as civil society organizations, which have paid special attention to defending human rights. The person and his basic freedoms

The family is the first building block in society. If the family is reconciled, society will be reconciled, and this matter is agreed upon by all members of the human race. Therefore, we find that the family has special protection within the criminal laws of various countries in order to reduce the dispersal and dispersal of society. Preserving the family entity requires providing legal protection for it, and this What the Iraqi legislation enshrined in many of its articles, the most important of which is the articles of the Iraqi Penal Code No. 111 of 1969, which included a group of acts under the title (crimes that affect the family) in Article 376 of it, making it a crime to reach a void marriage contract as in the case of a legitimate impediment ( such as lineage or affinity), and Article (377) criminalizes marital adultery, and Article (380) criminalizes the husband’s incitement of his wife to adultery. The problem of research on the issue of crimes that affect the family is the extent of the family’s influence in the field of criminalization and punishment, the extent and applicability of the general rules in the Penal Code to it, as well as its impact on criminal procedures and the extent of the privacy of these procedures and their difference from the general rules.