AL-ANBAR University Journal of Law and Political Sciences

The state provides its services and duties toward the people, depending on its employees. They are representing the link between the state and the people. The interaction between them might cause the employees to be suffered and assaulted during their mandate duty, Consequently, it may cause them to be prevented from discharging their responsibilities. Therefore, their job is demanding the protection to carry out and achieve their mandated duty.
The author, therefore, dealt with the subject of ‘’The Crime of Insulting of the official and the public official Government institution’’ when they perform their duties as a separate offence as well as a form of a criminal protection to save the official.
The point of view of this study is to tackle the different aspects of this crime by considering and determining its material and moral elements.
We also dealt by considering the victim as an employee and explaining the legal concept of the employee from the administrative aspect and criminal aspect.
Moreover, we have dealt with the meaning of employee and the public service holder, the circumstances of the crime and the penalty which allocated for it. The author, however, has strengthened his research with certain judicial decisions.

The administration exercises its activities in accordance with the principle of presidential hierarchy, which imposes the subordination of each employee to his higher superior or his administrative reference, its behavior is one of the resources for detecting damage, and this method is practiced either by the heads themselves or by other bodies affiliated with the affected department, such as the financial department or the committees formed according to the State Employees Discipline Law No. (14) of 1991 which was amended, or these bodies are Bodies independent of the affected department, such as the Public Integrity Commission or the office of Financial Supervision, which are legally independent bodies

The contract must be organized starting from the stage of its formation, and this can only be done by organizing the negotiation stage between the parties. Among them, however, the absolute repetition of the rule of relativity makes the regulation of actions confined to its parties, and this cannot be extended to others, but this perception does not take place on its release, as the will and the legal text have a role in the extent of organizing the contract, especially the task of regulating negotiation to others. The parties, the negotiating condition is intended to ensure the integrity of the negotiation and not to rush into concluding the contract due to the period of thought and deliberation granted by that period, and the condition was set for others due to special considerations that may not be available in the parties to the contract, so we will learn in this research about the role of others in the negotiation stage , by dividing the research into three sections: The first topic is the concept of the negotiation condition under the supervision of others and the second topic, which was titled The legal nature of the negotiation condition and the role of others in it. The third topic is the effects of the condition of negotiation under supervision the others

Every procedural criminal system aims to guaranty the right of a state in punishing offenders and protecting the innocents, because the aim of this system is to reveal the truth using simplified and quick procedures, which is always surrounded by dangers concerning the rights of innocents. These dangers mostly found in the procedural oppression and the deviation from the social aims of rights. Thus, we are concerned with preventing the oppression of procedural right holder by guarantying legitimate means in the procedural criminal system.
It is worth mentioning, that the criminal procedural law regulates all the stages of a criminal suit including investigation, legal reasoning, preliminary investigation, final investigation and final enforceable judgement. Moreover, every stage has rules to guaranty preventing oppression in the procedures of a criminal suit if procedural right holder utilizes the stages with goodwill.
However, in the real- world applications there are many oppression in all the stages of a suit. These oppressions causes lose confidence in law, hence, lead to impunity of the offender and charging innocents with a crime they did not commit. As a result, there is the oppression in procedural right theory in the jurisprudence to overcome procrastination, deviation on law, and using the criminal procedures against their original aim, which causes a severe damage in criminal justice. So the aim of utilizing procedures is to prevent deviation and oppression in others’ rights, and to find appropriateness between the resulting benefit and damage of applying the criminal suit procedures

The regulation of holding companies is a recent organization in Iraq under law no (17) of 2019,companies law amendment law, unlike rest of the world that organized holding companies for a long time, due to their economic importance for practicing business in investment, fields according to their solvency that enables them to controlling a number of boards of directors of companies called subsidiaries, which are related to their management and liquidation, or the establishment of new companies that are affiliated with the holding company, and what is reflected in the emergence of effects surrounding the relationship of the holding company with its subsidiaries, in light of the responsibility of representatives the holding company is responsible for managing the subsidiaries and the debts owed by these companies. In addition, the holding company is one of the money companies, as its establishment is subject to procedures and conditions that do not differ from joint stock companies and limited liability companies, of which the holding company takes one the two types, which differ from general partnership, simple companies and individual project. The research dealt with the concept and objectives of the holding company the terms of its incorporation and its relationship with its subsidiaries, and the effects of this relationship

Through this research, the researcher seeks to clarify the legal foundations for the administrative oversight of the administrative contract, as it represents the important exceptional tool that enables it to review and scrutinize the interests it sponsors, especially when its oversight exceeds the narrow meaning of supervising the work of the contractor with it in implementing the terms of the contract, in addition to the broad oversight aspect that It reaches the intervention and direction to direct in the conditions and how to implement, especially since its control authority does not need to be included and stipulated in the terms of the contract, as it derives this authority from the subjective nature that distinguishes the administrative contract, which is based on the primacy of the public interest over private interests, to ensure the achievement of The principle of good functioning of the public facility regularly and steadily

This comment deals with the study and analysis of the decision of the judgment issued by the Federal Supreme Court in the appeal No. (13/Federal/2020) submitted by one of the private colleges against the decisions of the Ministry of Finance/General Authority for Taxes, issued on (8/6/2021), in which the court concluded that it had no jurisdiction to hear the appeal and dismiss the case, and the comment on this judgment acquires its importance from several aspects, as it includes revealing the new spirit of Iraqi tax legislation, which is to reduce the package of tax exemptions and shift towards the limitation of members of society. Taxation, as the commentary reveals the departure of the Federal Supreme Court from its main function - like any court - which should be stopped at which is to first examine the formal aspects and then pass to the substantive aspects of the dispute, moreover, the decision of the court in a constitutional dispute with a tax dimension is one of the almost rare decisions that requires financial and constitutional jurisprudence to stop at it and indicate its effects and repercussions. This and we have presented this through ten main observations that have been simplified and discussed analytically and critically. In this comment he pointed out that although the ruling shed light on the function of tax, it came with However, it is flawed in form and substance, because it violates the principles of constitutional legality and undermines the in-kind nature of the Court's rulings, in accordance with the established jurisprudence and jurisprudence, and ensures a misplaced increase.0 In light of this and others, the judgment is an appropriate occasion for the Court to reverse its orientation towards the judicial interpretation of the tax text if similar constitutional claims are brought before it

The legislative body, upon the provisions of the Libyan legislation, has an important role in implementing the sustainable development aims. It is decided in the light of its multiple competencies contained in the text of Article Two of Law No. 4 of 2014 regarding the adoption of the internal system of the Libyan House of Representatives in terms of promulgating laws and approving the budget; In addition to accountability and oversight of government actions, it also has the authority to approve the general policy submitted by the government that is required to be consistent with the legislative intent pursued by Parliament in the texts of any legislation it issues, including the implementation of the sustainable development goals; Thus, sustainability, in light of those goals, is a legal reference for Libyan legislation.
Therefore, we do hereby in this research some approaches and mechanisms related to the role of the Libyan House of Representatives in monitoring the implementation of the sustainable development goals, beyond the representative role of its members.

Dealing and fulfilling the electronic payment card comes to meet the needs of the market and keep pace with the growth in the field of e-commerce Also, the diversity of electronic payment cards, and the privacy that distinguishes them from other electronic payment methods, especially traditional means of fulfillment Makes their fulfillment raises many legal and technical problems Such as proper use of the card Maintaining the confidentiality of information and data Because the fulfillment processes take place in an immaterial medium The legal rules on the provisions of relations arising from the use of electronic payment cards may be inadequate, Especially since these relationships arising from dealing with electronic payment cards are based on a contractual basis , While retaining independence from the contractual relationships associated with the electronic card payment service , Therefore, the Iraqi legislator tried to keep pace with this activity by legislating the Electronic Signature and Electronic Transactions Law No. 78 of 2012, And the issuance of Law No. 3 of 2014 Electronic Payment System for Funds, The Central Bank of Iraq approved the work controls of electronic payment service agents for the year 2020 based on the provisions of the central bank Law No. 56 of 2004 as the sectoral authority competent to license this activity, All this falls within the framework of modern means of electronic payment of funds and in line with the fight against money laundering crimes, terrorist financing and tax evasion

The act of aggression is considered one of the most serious international crimes. International efforts have resulted in a definition of the crime of aggression as a result of these efforts and those roles undertaken by the United Nations in particular, despite the major international differences, which some major countries saw no need to define because of the availability of the original jurisdiction of the UN Security Council. As his authority to recognize aggression or not under the provisions of the Charter, which because of those positions were unable to support the definition of it and the drafters of the statute of the International Criminal Court to include that crime as the subject matter jurisdiction of the Court.
The results of the Rome Diplomatic Conference, after clarifying the various legal and political arguments of the states, resulted in postponing the ICC’s initiation of this crime until a time when international efforts can once again put a provision in line with the text of Articles 121-123 of the Statute in accordance with the rules of amendments contained in this system. To be followed by an amendment to Article (5) by deleting its second paragraph and replacing it with Article (8 bis) in accordance with the Kampala Review Conference, which was able to include that crime in the substantive jurisdiction of the Court by clarifying the Court’s actual exercise of jurisdiction, the referral and the timings to which the Court was subjected as a dependency relationship with the UN Security Council

This study dealt with the legal status of this crime in the Jordanian and Iraqi legislation and showed the measures they took at the national level with two sections. In the first requirement, we dealt with the criminal policy of Iraqi and Jordanian legislators in combating the crime of human trafficking, and in the second request we dealt with the measures followed by Iraqi and Jordanian legislators to curb the crime of human trafficking.
This study found that the Jordanian and Iraqi legislators did not require the use of means to commit the crime of human trafficking. Where the scope of this crime has been narrowed, and they have subjected the provisions of criminal participation in it to the general rules in their penal legislation, and they have adopted the availability of the intent to exploit, which is a special element of this crime, and this raises the difficulty in adapting this crime. It also concluded that the Jordanian legislator's policy is considered one of the pioneering policies in combating human trafficking by adopting a preventive pattern and a new method in criminalizing a range of acts that would facilitate the perpetration of this crime. It also concluded the necessity of activating the role of civil society organizations and national committees specialized in combating human trafficking, coordinating with the relevant authorities and cooperating with security, academic and religious institutions and the media to raise awareness of the dangers of this crime and ways to prevent it, prepare annual reports and issue them at the regional and international levels, and develop the necessary plans and programs to combat it.
The crime of human trafficking: it means recruiting, transporting, transferring, harboring, or receiving persons by means of the threat or use of force or other forms of coercion, kidnapping, fraud, deception, abuse of power, exploitation of a state of vulnerability, or by giving or receiving sums of money or benefits to obtain consent. A person having control over another person for the purpose of exploitation. Exploitation includes, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs

Criminal care for the young person is embodied in its being a broader concept than criminal protection, because the latter specializes in criminalization and punishment, that is, it provides protection for young individuals from every attack on them. As for criminal care, in addition, it includes preventive policies that prevent young people from falling or committing criminal behavior، And that is through taking all the ways, means and procedures drawn up by the Iraqi legislator, which contribute to the upbringing of young children in a positive atmosphere that instills in them the seed of proper and disciplined behavior, and this comes primarily from the family in which the child lives. In the event that the child does not have a family for any reason whatsoever, the legislator has created alternative systems and means that work to compensate the child with a family that takes care of him, raises him and takes care of him in various fields, whether it is in the field of education, education, health or providing his necessary needs that he needs in his daily life, so that no Exploitation by the weak, or his feeling that he is a victim of exceptional special circumstances that lead him to do work that is not appropriate to his age, and thus may affect him and push him to do incorrect and illegal behavior that makes him liable to punishment and becomes one of the perpetrators of crimes

In the three older Federations of the U.S.A., Canada and Australia, in the formative stages of development, the dominant operative concept was that of competitive federalism which denoted a spirit of competition and rivalry between the center and the states. The formative stages were, therefore, marked by intergovernmental disputed, the units were very conscious of their powers and rights and thus, resented the growth of the center’s powers and any encroachment by it on their domain.
With the passage of time, however, the concept of \'competitive federalism\' slowly gave way to co-operative federalism. This trend has been promoted by three powerful factors.
The crux, the pivotal point of a federal constitution is the division of powers and functions between the center and the states.
The Indian constitution contains a very elaborate scheme of distribution of powers and functions between the center and the states. India from commencement of the constitution is observing competitive federalism between center and states, now which resulting in co-operative federalism.
In spite of provisions relating to federalism, there still exists a problematic condition about the future of federalism in Iraq and the reason is due to certain innovations and ambiguities in Iraqi constitution and also legal and political problems about federation in that country. The present article examines these ambiguities and innovations.
It is argued that institutional features of federalism and realities on the ground make Iraq uniquely vulnerable to secessionist pressures.
The purpose of the proposed Research work is to make a comparative study of federalisms of U.S.A. being the oldest federalism, India as largest democracy possessing federal character and Iraq as recent conflicting federalism to know there working and to suggest necessary improvements if required for better working of federalisms in those countries

Belt and Road Initiative, Faw port project, energy sources, dry canal
Iraq’s endeavor to enter the initiative and achieve the goals, especially the conclusion of agreements and clauses to secure the economic partnership with China, which goes beyond the economic dimension and the trend towards China and its position as an economic and investment power oriented abroad and as a mainstay in international relations, including towards Iraq in promoting mutual cooperation, both in trade, investment and development Oil fields and securing the transfer of energy resources to it and starting to strengthen its initiative towards Iraq, which is linking world trade from Asia and its passage in the great port of Faw towards European countries, passing through Iraq through a network of roads, land railways, energy transmission lines, oil and gas pipelines, sea lanes, and telecommunications The marine wireless.

Britain, as one of the major powers that has external interests, was keen to have an influential role in the Arab region, with global and regional powers entering the line of competition. Therefore, it became involved in the region’s issues, foremost among them the Palestinian cause and the events of the Arab Spring, by providing material support, economic aid, humanitarian aid, and urging commitment principles of human rights, and did not stop at material contributions, but rather participated politically with the support of international conferences and the efforts of the United Nations, and militarily participated in the air strikes that decided the battle and hastened the overthrow of some ruling regimes in the region, despite that the British role was not at the required level and their efforts did not contribute to creating Final solutions, because it did not adopt a comprehensive policy and focused on securing international trade routes and securing the flow of energy sources

The political changes (Egyptian and Turkish) had a clear impact on the course of Turkish-Egyptian relations, those relations were gradually effected after 2011, and this is due to the impact of the changes that took place in Egypt and Turkey - the revolution of January 25, 2011, and the political change in Egypt in 2011. 2013, as well as the attempted coup in Turkey in 2016, and the subsequent policies and measures taken by Turkey towards the group (Fethullah Gulen) that Egypt embraced and the positions and speeches of the heads of the two states towards each other - through which Egypt and Turkey drew competitive policies and behaviors towards each other. The economic variable is considered the influencing and positive drive in Turkey's endeavor to improve relations between it and Egypt, as the Egyptian economic variable constituted one of the main attractions of Turkey's foreign policy towards Egypt.

From China's comprehensive strategic perspective, Afghanistan represents a geopolitical square of exceptional importance, China realizes that Afghanistan, with its many unique strategic advantages ,It is become now as it was in the past, A ground for the competition of major and regional powers aspiring to control one of the most important geostrategic regions in the world, namely Central Asia. This prompted China to improve its relations with Afghanistan in order to preserve the gains it has achieved at all geopolitical, geo-economics, military and security levels

especially the Libyan crisis, the war in Syria, the war on Gaza, the crisis of the flotilla of freedom, and others, due to the unclear positions of both Turkey and Israel regarding these crises. Turkey wanted to exploit these crises to enter directly into them. Such as its military intervention in Libya and Syria, and supported the revolution in Egypt in favor of President Mohamed Morsi, which has a Brotherhood orientation close to the orientations of the Justice and Development Party.
While Israel wants the Arab countries to remain in a state of political and economic instability in order to work to link those fragile regimes with long-term economic networks in order to normalize relations with them, then both Turkey and Israel wanted to exploit these Arab crises for the benefit of their own projects and search for a role for them to enable them. From interfering in internal affairs away from any future understanding regarding resolving these crises.

Rumors are among the most valuable weapons of a dangerous nature to societies at large, and perhaps the magnitude of the danger lies in the great dangers they pose to the national / societal security of the state, especially as it has begun to use the soft values system as a way to make an impact on the strategic environment that it targets. This is the output of the information revolution of our modern age, a way to activate that negative impact under the umbrella of challenges and repercussions that our societies have taken to view as a sustainable situation that cannot be disposed of. The currency or the threat of the return of terrorism and others, so the political elites must adopt a codified national strategy that limits the impact of rumors on national security, provided that it is supported by the state institutions as a whole with the intention of curtailing them in order to settle and get rid of them

The interactions of the global strategic environment characterized by chaos and competition between the active forces in it, It makes these forces work to employ the potentials of power available to them, which makes these forces legitimate in the eyes of other powers, namely the soft power that constitutes a wide range, ranging from economic and socio-cultural; In the end, the active forces work to create a national identity capable of exporting it abroad, India has worked to employ its distinguished soft power to expand in a new strategic environment, namely Latin America, as a kind of strategic competition for other competing forces in its regional strategic environment and to prove its presence as active forces in the global strategic environment

As a result of the escalation of environmental crises in the second half of the twentieth century, many propositions appeared that dealt with the philosophical aspect of crises, as these propositions attributed some of the causes of crises to ideological causes, and as a result, the concept of (political ecology) appeared, intended to study the relationship between the environment and phenomena Political ecology has tended to reshape many global ideas and cultures, and is considered an important field in political theory, and intertwined with many other sciences (such as sociology, politics, economics, and geography), and viewed traditional ideologies as the reason behind the escalation of environmental crises. ; Because it did not view nature as more than an economic resource, and many different intellectual currents branched from political ecology