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

The judicial ruling arranges basic effects, which are the authoritativeness of the decisive order and its binding executive power, and the authoritativeness of the decisive order means that when the judicial ruling is issued, it is considered an argument in what it was decided by, by putting an end to disputes and preventing the perpetuation of disputes, as the judicial dispute must stop at an end It should not be brought before the judiciary with the same procedure or method by which it was presented, in order to ensure that there is no conflict or contradiction between judicial rulings. The principle is that the effect of the authority is limited to the litigants in the case in respect of which the judgment was issued and to the same dispute in which a place and reason were decided. The lawsuit in respect of which the judgment was issued, and in this case it is called the absolute authoritative. In fact, there is a relationship between the expiration of the case because its subject matter has already been decided and the authority of the matter adjudicated in it, as the means of authentic actions is through the argument that the case is not permissible because it has already been decided.

The opinion board and advisory committees work to provide the opinion that illuminates the way for the administration when it intends to take a decision. The opinion board law includes multiple competencies that the opinion board undertakes in different fields. Among these competencies is the provision of advice to the ministry or the entity not affiliated with a ministry, as the opinion board and advisory committees provide opinion and advice to ministries and entities not affiliated with a ministry.

A patent represents a document of ownership of the invention, as it authorizes its owner to carry out all legal actions, so the owner of the patent may sell, mortgage or gift it, as it is transferred by all forms of transfer of ownership. With all legal actions, its ownership and all rights resulting from it are transferred by inheritance. The disposal of the innocence is not an argument against others except from the date that this is indicated in the register prepared in the Directorate. The disposal of the innocence and its mortgage and transfer of ownership shall be duly announced. In all legal actions, the actions that harm the interest of the mortgagee creditor can be mortgaged and the moral right cannot be disposed of because it is related to the personality of the inventor

Liberating the mortgaged insurance is of great importance in practical life, as it facilitates the process of selling and circulating mortgaged properties, especially today we see an increasing situation of real estate, borrowing by mortgaging the property, and this surely has a positive impact on the public interest, as through it the holder can avoid direct foreclosure procedures. Ownership, the holder of the mortgaged creditors offers the value of the mortgaged property. If this offer is accepted by all the creditors, then the property is freed from the burdened rights, but if the holder’s offer is rejected by the mortgagee creditors or guarantors, then the mortgaged property is sold by public auction. The liberation of the mortgaged property is subject to the expiry of all rights in rem registered on the property, whether the liberation is done by the stability of the ownership of the possessor or by awarding the auction to the non-holder.
Therefore, we will show in this research the effects of liberating the mortgaged property, whether the creditors accept the holder's offer or reject this offer

The choice of the research topic ((objective provisions for the crime of intentionally drowning events (comparative study))) came to its great importance because the idea of danger is of particular importance in drawing up modern criminal policy, especially what is related to places that are at the heart of the principles of criminal legislation, which is represented by the extent of its importance and its connection to the crime And its material pillar in all its elements, and most criminal legislation takes danger as a control and a criterion for criminalization, which indicates the legislator’s keenness to provide a greater degree of protection for the fundamental interests on which society is based, and since the crimes of drowning events in all their forms are considered crimes of general danger, and this is what most penal legislations used to do To organize the crime of intentionally drowning events within (crimes of public danger) because of the danger they pose to public and private funds and property that threaten people’s lives or their money, as well as lead to disruption of public facilities and serious damage to funds, as these crimes were mentioned within Chapter VII ((crimes of public danger )) of the Penal Code within the provisions of Article (349), where the penal legislator dealt with the provisions of these crimes in order to protect the legal interests that the legislator wanted to protect, and the most important of these interests It is the right to life and the protection of public and private funds as well as the protection of public utilities of the state to preserve the national economy of the state.

The legal basis for the protection of unique varieties means the international legal recognition in international conventions, conferences and charters related to this regard for the protection of unique varieties, as well as what is decided by international constitutions and ordinary laws within countries of absolute (implicit) or detailed recognition of this protection. It is limited to a specific topic or deals with part of a broad topic or is limited to a number of countries, and the same applies to international constitutions, some of which refer to the protection of biological diversity in an absolute way, including the protection of unique species, including what deals with the protection of biodiversity and unique species at risk of extinction in detail. When countries adopt the constitutional protection of biodiversity, this means that countries decide to pay attention to the state’s wealth and natural resources, and thus there will be effective protection, especially for the unique species at risk of extinction, which leads to the realization of the principle of sustainable development that works to achieve the balance of the ecosystem, which reflects positively on human life and health. And to enjoy a comfortable life, given that the environment is the main home of all living creatures on the face of the earth, and in order to achieve this goal, effective legal systems must be found that provide the legal basis for the protection of biodiversity, and then the unique varieties are explicitly stated in international instruments and charters, as well as in the constitutions and regulations of countries The establishment of this protection leads to spreading environmental awareness among states and individuals, respecting environmental culture and preserving the components of the ecosystem as a modern criterion for measuring the extent of civilized states and the advancement of their peoples.

The nature of the issues of conflict of laws and the inevitability of the lack of correlation between the court and the applicable law have imposed that the approach based on setting the rule for determining the applicable law according to an abstract criterion, is the leading approach in various legal systems, and in most of the assumptions of international private relations, including the emerging extended relationships The moral right of the author, however, in front of the rigidity of the solutions offered to us by the rule of dual attribution of an abstract nature, in addition to the different solutions that the application of the rule leads to according to the court looking into the dispute with a foreign element, and the inappropriateness of these solutions sometimes to the nature of the international moral right relations. The members of the international community have been forced to cooperate with each other in order to establish legal rules that are compatible with this category of legal relations. They have also resorted to enacting objective national rules that can provide the necessary protection for some of these relations, and guarantee them a measure of justice in their protracted disputes.
With the agreement of the various legal systems to adopt these two approaches to solve the problem of conflict of laws, these systems did not agree on the approach followed in studying and analyzing this problem, but rather followed two different approaches in this field, as Latin legal scholars adopted a theoretical approach based on the assumption that there are general principles Common in the legal systems of various civilized countries for conflict solutions in its various assumptions, including those related to moral right disputes, an approach characterized by universality and the abstract nature of the principles upon which conflict solutions are based. It is based on dealing with conflict issues as they are part of the local law of each country, which requires presenting the solutions followed in the legal system to which the court looking into the dispute belongs, and according to what is being done in the work of this court, regardless of the extent of their agreement or disagreement with the general principles in a dispute Laws, which undoubtedly is reflected in the author's moral right disputes before the courts of countries that follow such an approach.

The hand is divided in terms of placing it on the thing, to the hand of the owner and the hand of the non-owner, and the hand of the owner is the one in which there is a reason for possession such as purchase, gift and other legitimate reasons from which ownership is inferred. For the one who is not the one who puts the hand, it is either the hand of a trust from the plot of the lessee and the borrower, or the hand of the guarantee of the plot of the usurper and the one who takes possession of it from a void contract.
The hand of the trust is transformed into the hand of a king or into the hand of a guarantee according to certain cases, and one of the most prominent cases of the transfer of a hand from a trust to a guarantee is the infringement and negligence, the breach of the trustee’s obligations, the expiration of the period of legalization, and the text of the law, and the guarantee hand turns into the hand of a king or into a trust hand One of the most important cases of transferring possession from a guarantee to a trust is the establishment of a reason for imprisonment, excuses, offer and deposit, and agreement, and this shift results in the transfer of the guarantee between the one who puts the hand on the thing and the holder of the right to it, based on a reason that requires the transfer.

Seizing a property or a right in rem by a person - natural or legal - and fulfilling the conditions stipulated by the law from possession of a valid and good faith with the passage of a certain period specified by the Real Estate Registration Law, is not sufficient in itself to acquire the ownership or the original rights in rem, Rather, the matter requires taking certain procedures, and these procedures begin with submitting an application by the squatter and then continue in two steps, the first being within the jurisdiction of the Real Estate Registration Department, and the second within the jurisdiction of the Property Consolidation Committee created by law for this purpose, and after completing all procedures, it is necessary to Issuance of a decision by this committee to either accept the renewal application for registration and establish the right in the name of the holder or to reject the application. Or reject it, despite the discrepancy in the decisions of those courts between those who allow the renewal of registration procedures to be followed, and those who reject them on the pretext that it has expired, and calls for its registration in the name of the competent municipality

Judicial oversight is one of the most effective forms of oversight, given the independence and impartiality of the judiciary that enables it to exercise its oversight role and adjudicate disputes away from any external influence in order to achieve justice in litigation before it in order to ensure respect for the principle of legality and the rule of law. In contrast, this type of oversight makes The administration is keen to perform its work within the limits set by the law so as not to make its actions and actions subject to appeal and cancellation, and then the judiciary discovers its deviation. In countries that give ordinary courts jurisdiction to consider disputes that occur between individuals or between them and the administration, this is called the unified judicial system. As for the countries in which the judiciary specializes, the ordinary judiciary decides disputes that occur between individuals or between them and the administration according to the special law, while the administrative judiciary decides disputes. Which is governed by the rules of common law, and this is called the dual judiciary system, and Iraq is considered one of the countries with a dual judiciary There are two specialized judicial bodies, the ordinary judiciary and the administrative judiciary. In view of the importance of the issue of judicial oversight of administration decisions related to financial allocations for the Internal Security Forces, we have researched this subject within a plan that included two requirements

With the creation of the human brain emerged the intellectual products in many different forms starting from drawing, stone inscription, making clothes out of plants leafs or animal skins and crafting hunting tools to what we are witnessing now in this world in terms of cognitive sciences and development in all fields.
Intellectual property rights are considered important human rights when it comes to his intellectual products on the scientific, literary, artistic, commercial levels and in all different life areas, it is clear that those products have their material and moral outcome therefore, these rights are considered one of the many forms of material rights that guarantee the owner the right to use, waive or invest such products.
The author's right to write is one of the most important forms of intellectual property rights and it can be terminologically defined by the researcher as: the set of written ideas produced by the human brain which their contents can be reached and identified just like tangible materials and they include all the rights resulting from the intellectual activities of the person in the literary, artistic, scientific, industrial and commercial fields.
The variety of digital works, using them a lot and forcing their way into all aspects of general and private life; taking into consideration the timeliness in transferring ideas, simplicity in introducing them and the large digital spaces have resulted in the emergence of many problems and complexes – first and foremost the incapacity of legal rules pertaining the common author's rights in including them within the required legal protection because of the difference of literary and financial rights elements of works authors from the common works and the emergence of computers as a tool to save and transfer such works, the matter that made a huge impact on the methods of accessing information and acquiring them.
Informatics and technological development that we are witnessing today drives us to admit that the traditional methods used in archiving, saving and searching are now considered old and unreliable and instead, the

The administration always seeks to achieve the public interest, and to say otherwise means that its decisions will be subject to judicial control and that these powers enjoyed by the administration derive from either the texts of the contract concluded between it and the contractor or from the general rules that apply to all administrative contracts and from these powers in imposing penalties Including the authority of the administration to impose confiscation without the need for permission from the judges, as the failure of the contractor to implement his obligations stipulated in the contract or his implementation but not as stipulated in the contract or if he replaced him in the implementation of the contract and without the approval of the administration, all of this justifies giving the administration authority Imposing the penalty without permission from the judiciary, and this is the rest of the need for the regular functioning of public facilities, flattering and achieving the public interest

Prior to the Brexit referendum on June 23rd, 2016, there had always been a perceived ‘semi- separation’ of the UK and the European Union. This was true both physically and philosophically, however the subsequent result to leave the European Union was a surprise to the incumbent Conservative Party and indeed the main opposition parties.
There is no doubt that Britain's decision to exit from the European Union was one of the most important political, economic, and legally challenging events in 2016, in Europe in particular, and in the world in general. Britain's exit from the European Union has been considered and studied by many jurists and legal experts. Many have described Britain's exit from the European Union as akin to climbing a mountain and a leap into the unknown, and these difficulties require that they be addressed in a legal framework through various agreements between the relevant parties.
It is difficult to assess the success or otherwise of Brexit, either to Britain or to the European Union. Many of the legal reforms and trade agreements that the British had hoped to enact have been somewhat deflected due to the Covid Pandemic and a further complication in assessing Brexit has arisen with the conflict in Ukraine.
With regards to immigration laws (one of the main reasons that Britons voted for Brexit) there is no doubt that Britain has been able to arrest the notion of free travel for labour, restricting immigration to highly qualified professionals and academics. Unfortunately, this has led to a huge number of unfilled jobs in the manufacturing, agricultural and services industries and, more importantly and significantly, within the NHS and care sector. Here, the government is having to reconsider its policies and indeed lower the entry level requirements, in order to service the increasing demand from an ageing population.
Britain has brokered new trade agreements with Japan, Australia and New Zealand, as well as restructuring some agreements with the E.U itself, and of course it is eager to negotiate further agreements with the U.S. Disregarding the economic problems, it seems likely that the changing global- political landscape will inevitably lead to the necessity of numerous international treaties, conventions and legal agreements to be revisited by both sides of the ‘Brexit’ discussion, in the not too distant future.

Each of the political and constitutional systems has several aspects, those aspects that countries cannot bypass or not take into account, so whoever decides to adopt the parliamentary system, for example, must adopt the duality of executive authority as well as cooperation and balance between authorities as aspects of this system, and any aspect that disappears will lead to the disappearance Its effects make the parliamentary system adopted in that country lame, and the Iraqi constitution was issued in force in 2005, and the constitutional legislator announced in more than one place that the parliamentary system was adopted, but this constitution did not take into account all aspects of that system, as whoever intends to adopt the parliamentary system must To keep the executive authority dual, consisting of the head of state and the cabinet, provided that it always separates completely between the person of the head of state and the person of the prime minister, and he must also rely on the manifestation of cooperation between the authorities in all its details, and among those details is the need for members of the cabinet to be members of Parliament, Which is an important facet of cooperation between the authorities, and the importance of research lies in that subject because the most important obstacles facing those in charge of power in Iraq currently collide with the fact that the Iraqi constitution does not adopt all aspects of the parliamentary system I am always, and the researcher will divide this research into two demands, looking at the first demand, the imbalance in the duality of the executive authority, while the second demand will be looking at the imbalance in the cooperation of the executive and legislative authorities.

The topic of our research (the authority competent to vote on candidates for the position of the President of the Republic) talks about the nature of the work practiced by the authority to vote on the candidates for the position of President of the Republic, and this body is represented in Iraq by the Iraqi Council of Representatives, as it is the constitutional body concerned with electing the President of the Republic, where the nature of formation was discussed Institutional for the Iraqi Council of Representatives, and we talked about the date of the session for voting on the candidates for the position of President of the Republic and the quorum required for its convening, as well as the number of votes required to be obtained in order for the candidate to obtain the position of President of the Republic. President of the Republic No. (8) for the year 2012, as well as the Iraqi Parliament Law No. (13) for the year 2018 in force, and the legislation of the comparative countries represented by the Federal Republic of Germany and the Republic of Lebanon was researched, due to the similarity of their political system with the Iraqi political system, and it became clear through our study that There are many defects and loopholes that negatively affect the election of the President of the Republic, and lead to the disruption of his election, and we also concluded that there is a need to complete the shortfall. Sharia in many parts.

For the person negotiating under the principle of contractual freedom; To proceed with the conclusion of the contract that he negotiated and he may withdraw from it if it appears to him that it does not achieve his interests, but the principle of contractual freedom limits its launch to the principle of good faith in contract negotiations, which the negotiator must adhere to and implement what he dictates of honesty, integrity, cooperation and seriousness.
This means that breaching the principle of good faith in contractual negotiations necessitates the realization of the civil liability of the erring negotiator, which is disputed by the views of civil law jurists between those who consider it a contractual responsibility and present arguments to support his opinion to prove it, and between those who see it as a tortuous responsibility, the opinion that we preferred in a manner based on a discussion of arguments Proponents of contractual responsibility and its denial with a logical, analytical and comparative approach, especially with the French Civil Code amended by Decree No. (2016-131 of 2016), which stipulated the principle of good faith in contractual negotiations as well as its adequate regulation of the latter.

For the person negotiating under the principle of contractual freedom; To proceed with the conclusion of the contract that he negotiated and he may withdraw from it if it appears to him that it does not achieve his interests, but the principle of contractual freedom limits its launch to the principle of good faith in contract negotiations, which the negotiator must adhere to and implement what he dictates of honesty, integrity, cooperation and seriousness.
This means that breaching the principle of good faith in contractual negotiations necessitates the realization of the civil liability of the erring negotiator, which is disputed by the views of civil law jurists between those who consider it a contractual responsibility and present arguments to support his opinion to prove it, and between those who see it as a tortuous responsibility, the opinion that we preferred in a manner based on a discussion of arguments Proponents of contractual responsibility and its denial with a logical, analytical and comparative approach, especially with the French Civil Code amended by Decree No. (2016-131 of 2016), which stipulated the principle of good faith in contractual negotiations as well as its adequate regulation of the latter.

The right to asylum is one of the most controversial issues at the international level, as a result of what has recently witnessed in most countries the presence of many refugees for various purposes, including political, economic and social, and in large numbers, and this refugee may be exposed while he is in the host countries to harm when a mistake occurs from others . These incidents may occur during the outbreak of the Covid epidemic, so in order for this refugee to obtain his right, legal guarantees must be available to him to ensure his obtainment . These legal guarantees are represented by the right to litigation, which is a right guaranteed to refugees under the Geneva Convention of 1951 on the one hand, and compulsory insurance, which constitutes the second guarantee for the refugee to obtain his right, even if these guarantees are what guarantee obtaining his right to compensation, whether in normal circumstances or during an outbreak. Corona Virus. Accordingly, researching the legal guarantees that pertain to the refugee under these circumstances is an urgent necessity because of its importance for every refugee who claims his right to compensation. For example, there must be other, more effective ways and means. The refugee has become a citizen and is among the nationals of the host country, so he obtains his rights, as is the case with other citizens.

the litigants, as they represent the claims of plaintiff, and the defenses and arguments the defendant makes for not enabling his opponent to obtain a judgment about what he claimed. Giving the legal description of these facts is left to the court that considers the dispute, basing it on the substantive laws that govern it.
Other than this prohibition - even if it is not expressly determined by legal rules - but the litigants or their agents give such a description, but it is a description that is not binding on the court and is not restricted to it even if it finds it correct to some extent, because this procedural activity is only the judge's task.
Conditioning in its simple sense is “the search for a legal rule that governs the facts that the judge obtained from the litigants of the case and the investigations of the court.”
And the facts without this adaptation remain floating, but as soon as the legal description is given to them, they are stripped of the status of abstraction, and framed by a legal ruling that represents the final outcome of the conflict.
Conditioning is one of the issues of law in which the subject judge is independent, and it comes after the judge collects and proves the facts in accordance with the legally established methods of proof, and then understands them correctly, and chooses the legal rule that is applicable without invoking the lack of the law or its ambiguity or ambiguity. denial of justice.
Since conditioning is a matter of law, the Court of Cassation may simplify its control over it, because the error in conditioning is a mistake in the application of the law, and the latter is one of the reasons for appealing the cassation decided by Article (203) of the Civil Procedure Code.
This oversight revolves around the extent to which the subject judge is able to give the correct legal description of the facts that he obtained from the litigants and the investigations carried out by the court and their attribution to a legal rule governing the dispute. It is something that may be hit or miss, because the correctness of conditioning is what leads to the correct solution to the problem raised before the trial court.
Conditioning is closely related to causation, so if the judge sends down the ruling of the legal rule on the dispute, he must state the reasons that called him to do so, and he may make a mistake in portraying these reasons, or they are not able to understand the facts and understand them correctly, because the error is in the conditioning, either As a result of not understanding the facts, , , or not relying on a correct legal rule, or both.

Work is the place where the individual spends most of his life and during that long period the worker may be exposed to certain circumstances that lead him to contract occupational diseases. By explaining the concept of occupational diseases, their characteristics and features, with the legal responsibilities for these diseases, and how to prevent them, as well as in order to develop systems responsible for occupational diseases and protect the worker’s right to compensation from occupational diseases or protect him from contracting these diseases to ensure a healthy and safe life. This study has proven the great role of the Iraqi labor law, which it played to protect workers from occupational diseases and compensation for damage compared to the Egyptian, French and Algerian law. In this study, the researcher believes that the emergence of social security and social insurance systems has become the responsibility for accidents and diseases characterized by a special legal system, in the aspect of the legal basis or in the aspect of compensation, which the legislator and regulation assumed in advance, which makes it arbitrary, and there are no longer Opportunity to apply risk liability to public utility permanent associates.

The theory of public funds is one of the basic legal theories in public law, specifically administrative law, and it is one of the theories most influenced by the economic and political ideas that prevail in different systems. Or ordinary, similar to the ownership of individuals, and it is governed by the rules of private law, and the ordinary judiciary considers disputes that arise from the use of those funds, and they are not allocated to the public interest, and the second type is the funds owned by the state and are allocated for the public benefit, and are subject to the rules and provisions of public law, and public funds disputes fall under The umbrella of the administrative judiciary. As for the socialist-oriented systems, they try not to distinguish between state property and subject it to a single legal system. In this research, we try to determine the approach taken by the Iraqi legislator regarding state funds.

With the development of the concept of the modern state and the transformation of its tasks from a guardian state to a state with various tasks, the most prominent of which is providing services to the public and satisfying public needs. These developments were not the result of a specific moment, but rather their appearance was associated with the development of the concepts of administrative law, as this development resulted in the multiplicity of methods that the administration resorts to in order to achieve the public interest. As the administrative contract is the means through which the administration can provide services to the public, but the concept of the contract has become broad and resulted in the emergence of multiple disputes as a result of the scope to which the general principles of contracting apply, in addition to the unfamiliar conditions included in the contract, but these conditions do not protect the administrative contract from a circle Subject to judicial oversight, as the administrative judge is widely specialized in most countries with wide jurisdiction in the field of adjudicating contract disputes, and the Iraqi legislature violated this matter when it granted this jurisdiction to the civil judge in a precedent that violates the general principle of duality of the judiciary until it was adopted by the legislator, and the issue of granting the judge jurisdiction comes Settlement of administrative contract disputes, specifically through annulment lawsuits, embodying the principle of the legality of the judge by subjecting everyone to the provisions of the law, and from this point of view, the judge has the means to enable him to apply this principle through lawsuits for cancellation and full jurisdiction, as well as he has a wide competence in adjudicating emerging disputes.