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

That the Iraqi Anti-Terrorism Law is in Article (4)of it, as it emphasizes in the punishment for this type of behavior because of the danger it poses to society due to the brutality and cruelty that characterize the perpetrators and their failure to use the dirtiest and most criminal means to achieve their goals, and we find according to what was stated in The Iraqi Anti-Terrorism Law and the Penal Code indicate that terrorist crimes specify two types of penalties for them are the original and accessory penalties

The seizure of humanitarian assistances materials causes tragedy and suffering to the civilian population affected by armed conflicts, who did not take part in the fighting, and the sick and wounded fighters who left the fighting or became unable to do so, and the seizure of humanitarian assistances materials constitutes an international crime, after the availability of its elements represented by the material and moral element. The international and the applicability of the definition and characteristics of international crime to the seizure of humanitarian assistances materials, and the danger of the seizure of humanitarian assistances materials and the widening effects, gravity and ugliness of this international crime.

The nature of banking work generally necessitates dealing with risks, as there is a time interval between granting credit and paying installments, and the operations of granting bank credit, like all investment operations, are based on the theory of possibilities, in which failure is included as well as success. Success has its causes, and failure has its causes as well, and adopting the reasons for success is the way to prevent failure. Credit risks calculated in all forms of credit (cash - pledge) are like the risks of the profession that do not frighten those who practice it, and if the credit risk is achieved, it is due to several reasons, including lack of inquiry On behalf of the customer requesting credit, or failure to take sufficient guarantees from him, or failure in credit study and analysis. Therefore, banks resort to preventive means that will prevent the occurrence of credit risk, and banks also resort to remedial means that will reduce the severity of the credit risk when it is achieved.

The personal data of users of social networking sites is a manifestation of the private life of these users in light of the development that has occurred in the era of technology, and this data has created a special momentum in the digital age, and this is due to the spread of the information revolution and Internet sites, especially social networking sites, as it does not hesitate. Persons of all ages and genders may express their data and personal information on the Internet and disclose it without realizing the seriousness of this work that they undertake.
Hence, this data has become a significant danger to the sanctity of private life that breaks its veil, as this data may be exposed to many risks and attacks, which we will discuss in this matter to make an understandable statement and determine the risks of abuse.

The Iraqi legislator incriminated it in paragraph (3) of Article (389) of the Penal Code No. (111) of 1969 as amended, stipulating to punish the gambler that he plays gambling in certain places which are (a public place, a place open to the public, a shop or a house intended for this purpose) However, this criminalization is no longer feasible at the present time due to the emergence of electronic gambling that is practiced via the Internet without the need to go to the shops designated by the legislator to investigate the crime, and what increases the risks of this type of gambling is the ease of practicing it without being subject to parental control and the law, in addition to that The legislator sets a standard that distinguishes gambling games from other games in which their practice is permissible, and its punitive policy was not sufficient to achieve justice and public and private deterrence, Therefore, we concluded that gambling games are based on the fulfillment of the luck condition and the gambling condition by the players, and we proposed to the legislator some proposals, the most important of which is the criminalization of gambling behavior in all cases in which it is committed, regardless of where it is committed, with tougher punishment for the perpetrator in order to ensure security Society and the safety of its members and the preservation of their money and their families on the one hand, and then safeguarding and strengthening social values in the hearts of community members on the other hand.

Changes in the rules of the economic system in most developing countries, have been associated with changes in political systems. The rules that are applied in a certain period may not be appropriate for the goals of the economy and society in another period, thus hindering the overall economic and social growth. One of these rules affected by change in Iraq after 2003 is those that were applied to investment in general, to the formation and establishment of companies, and to investing money in them, in particular. It was necessary to establish for these new developments a package of legislations that led to a change in the economic strategy at a later time.
This research has directed to address this important topic in several aspects. It dealt first with the nature of holding companies, their legal structures, and the forms of their economic activities in the political framework, at every stage in the country. Then, secondly, he went to study and analyze the role of investment legislation in stimulating its emergence. As for examining the reality of the emergence of holding companies, and knowing how they interact with the country's economic system through their role in driving economic growth as a result of the legislative development in the country, it was the main objective of this research. This research, also reached a conclusion that the real expansion of the role of the companies came after the adoption of the free economy philosophy in investment legislation, after the issuance of the Foreign Investment Law and its amendments. This paved the way for control over private and mixed joint-stock companies. Which became possible for that control to be from foreign or Iraqi holding companies.

In order to reduce the idea of procedural invalidity، jurisprudence and legislation decide several ways to limit and reduce procedural invalidity، including the idea of diminishing the procedure، in order to preserve from the defective procedure itself and other procedures and the substantive rights to be protected.
Instead of the nullity that applies to the whole procedure، the invalidity can be reduced by the defective part، so that we keep the procedure in one of it and nullify the other part، so the defect is removed from it، and proceeds towards the arrangement of its positive effects in the case.

Electricity is one of the most important sources that contribute to the development process of the country. For individuals and the management of public utilities, including electricity facility, However, poor performance and management, and the spread of corruption and poor privatization introduced the state budget in most countries of the world to multiple pressures resulted in the lack of interest of the state in improving the electricity facility, which led countries, especially developing countries to enter into a partnership with the private sector to finance infrastructure projects and public utilities, including service Electricity is the necessary solution to address the growing demand for electricity services, reduce costs and improve quality.

The privilege of the lessor of the property is an important topic because it is related to the human need and the extent of scientific progress and that is due to the distinct nature of the leased creditor’s right due to his generation of supplying a basic need for the debtor, whether it is to provide him with shelter or provide him with a source of livelihood, on one side and on the other side. It works to provide credit to the debtor by facilitating his obtaining a residence and the privilege right in its inception is due to the Roman law. The Iraqi legislator defined the right of concession in the first paragraph of Article 1361 civil. Which is tracking and priority. All franchising rights give priority and the principle is that they grant the right of tracking as well, but the law denies some privileges from the right of tracking, such as public privileges. During this period, he should use this right to obtain the price and its attachments that the tenant is responsible for in the event that the latter does not pay his wages. Yeh, which is embodied in the fact that it is movable and that this movable property is owned by the lessee, as well as in terms of its nature, which is that it is located within the leased property and is subject to seiz.

It seems that the criticisms of the traditional controls of attribution such as nationality and citizenship, which are characterized by neutrality and impartiality, and thus inertia in the mechanism for determining the law applicable to disputes of an international dimension in general and related to children in particular, have made them go through a crisis, which calls for searching for flexible and non-rigid controls of attribution It grants the judge his discretionary power in choosing the applicable law, but it is a restricted authority within the limits of the protection of the weak party, and then through it bypasses those criticisms and keeps pace with developments in the field of international relations with a foreign component.
In this regard, we find that the best interest criterion, which has the primary consideration in taking all administrative, legislative and procedural measures in relation to matters related to the child, emerges as a new standard or attribution officer in disputes with a foreign component that concern the child, in order to deal with the crisis of traditional attribution controls such as nationality and citizen Which is overlooked by the best interest of the child standard because of its characteristics and characteristics that give the judge discretionary power in assessing the interest of the child and ensuring his protection as a weak party in those relationships and then choosing the best laws for them. It also contributes to softening the traditional rules of attribution, whether by limiting the international public order mechanism as a means In the exclusion of foreign law by considering the best interest as a basic requirement of the public order or excluding the conditions of exception in giving jurisdiction to the law of the law ruling at the expense of foreign law that may provide the best protection of the rights of the child.

The mortgagee creditor has many obligations as a result of the arrest as the possession of the mortgaged money is transferred from the mortgagee debtor to the mortgagee and the consequent effect of that is the responsibility of the mortgagee for his management of the mortgaged money and the provisions arising from this administration as it achieves the interest of the mortgagee in get rid of the burden of managing the mortgagee and achieve the interest of the mortgagee in that he can get his hands on the mortgagee and be able to fulfill his secured right in the mortgage by deducting it from the net yield of the mortgagee does is included under the title of managing the mortgaged money so that at the end of the mortgage contract to return the pledge to its owner
In order for the mortgagee not to be suspended from what he used to pay before moving to the mortgagee the Iraqi legislator and the comparative laws have been keen on the importance of the mortgagee managing the mortgagee and the mortgagee has the right to take many steps to implement his obligation provided that they do not harm the interest of the mortgagee and the responsibility of the mortgagee is only realized if the elements of the mortgagees commitment to managing the money are available the pledge is the existence of a valid legal relationship represented by the secured debt and the transfer of possession of the mortgaged and civil legislation and Islamic jurisprudence have imposed a penalty on the mortgagee if he breaches his obligation or neglects to exert the care of the common man

The sports sponsorship contract is one of the most important contracts for financing activities, bodies and people in the sports field through what it provides in terms of material or financial support for them, in a manner that benefits the sponsor, whether it is a material benefit in the field of marketing for its products and services, or the moral benefit through its spread and famous name, This contract is attached to a specific place, which is the second pillar of the contract, and it is the thing to which the right is returned or the thing over which the right holder exercises his powers. It is double, so for the sports sponsor the shop is to market its services and products, and for the sports pasture it is the opposite

The primary function performed by the various types of guarantees is to ensure the fulfillment of obligations, and it is generally a guarantee that enables the creditor to obtain his right and avoids the risk of insolvency of the potential debtor and this guarantee in fact performs an economic and social function for the creditor and the debtor together as it gives the creditor security and guarantee and the debtor trust and credit and enables him to obtain To what is needed from a loan or term.
Also, the guarantee is an auxiliary contract as it is subordinate to the original obligation in terms of its expediting, postponement, nullity and expiration. As for the temporary guarantee, which is the subject of our discussion, even if it is a dependent contract, it ends with the expiration of its period before the end of the original commitment and the guarantor is discharged even if the original commitment is still in place.
In order to clarify the concept of a temporary bail contract, we dealt with its definition, its meaning, and its nature, and distinguishing it from suspected other legal situations.

Sometimes the base of conflicts rules or conflict attachment rules is stipulated, but it falls short of addressing certain assumptions that are incompatible with its special nature, and it goes aside from the jurisprudence that the judge and through the principles of private international law may establish a base of attribution not provided for, or restrict a general rule contained in his national law, Or the judge’s means is to interpret a text in his law by guiding these principles, and therefore the most important functions of private international law principles are to bridge legal loopholes and confront situations where there is no conflict rule that confronts the case It also works to unify solutions by bringing them closer to legal systems and restricts the release of the provisions of internal law as well as lead to providing a direct objective solution to the conflict, knowing that the field of international contracts was one of the most important fields in which the importance of the principles of private international law emerged, and we have tried in this study to develop And my application of the theory of principles of private international law, to prevent relying on the generality of attribution or its reluctance.

The tasks carried out by the freezing banks in general have expanded remarkably, in addition to the scientific and therapeutic need, the majority in these banks are profitable institutions that carry out all the business and actions that can accrue to them with profit, but the freezing operations that they carry out must be preceded by the collection operations For those samples whose sources of obtaining them differ according to the different samples themselves and the different purpose for which they were preserved, as they can be obtained by illegal means, such as removing some cells or organs from the corpses of the dead as a result of accidents or seizing some industrially fertilized cells and embryos without the permission of their owners, which is outside the scope of our research, But it can practice its work in freezing by contracting with people to save the samples belonging to them and under certain conditions in the contract that must be executed in a manner that does not contradict the laws in force, and banks can also obtain these samples by donating them from their owners or their legal inheritors, so it requires The necessity of research to shed light on the legal concept of the freezing contract in terms of definition, elements and characteristics, in addition to determining its legal nature.

The administration aims, through government tenders, to choose the best bidder in financial and technical terms in order to run its public facilities, and then if the tender procedures reach the selection of the best tenderer, the assignment will be made through a decision issued by the competent authority called the referral decision, as the bidder must The winner has to abide by completing the procedures stipulated in the law as he is their assistant in running its public facilities, since the failure of the winning bidder in government tenders to his commitment to complete the contracting procedures with the administration gives it the right to consider him in default, and thus impose some penalties as a result, the bidder may refuse to complete Contract procedures not to sign the contract after being notified of this, and he may perform actions that are inconsistent with the contracting ethics, such as his behavior by fraud and fraud in order to obtain the tender, or the bidder may refuse to complete what is required of him in order to ensure the right of management From any defect in contractual obligations, such as not providing the final insurance that he must present before signing the contract.

The contract of tourism is defined as an agreement between the tourist and the tourism and travel agency. The latter is obliged to provide a service or several services for a price charged by the tourist. The contract, like other contracts, entails several obligations borne by the travel agency and the tourist. Agency, and is intended to be committed to travel and travel agency to maintain the safety of the tourist. A condition is stipulated, mainly, that there is a threat to the safety of a contractor, that the maintenance of the safety of a contractor is entrusted to the other contractor and finally that the debtor is professionally committed. This obligation derives from the existence of the contract which was the source of its inception and derives its existence from the requirements of the contract such as law, custom and justice.
Al thought there is no legal text indicating the commitment to ensure safety in some contracts, such as the tourist contract that is the subject of our research, but jurisprudence has settled to the existence of this commitment in these contracts based on the existence of evidence that the debtor was aware of the occurrence of these risks during the tourist trip or was it is necessary to expect it to happen in order not to cause harm to the creditors, but is this enough for the obligation to ensure safety to be established? On what basis is the jurisprudence Club its existence, this dispute arose on the basis of this commitment, so many opinions emerged on this subject in order to reach in finding a solution, but laying the basis for this commitment did not it was not an easy thing if the debtor knowledge of the risks is subject to proving the opposite, or if it is not capable of proving it by reverse evidence, the question remains here regarding the approved basis and what is the relationship of the text of the article (2/150) of the Iraqi law – which stipulated that ; ( the contract is not limited to the contracting commitment to what it is mentioned in it, but it also deals with its requirements according to the law and custom according to the nature of the obligation) – the subject of determining the obligation to ensure the safety of the tourist.

In view of the special relationship through which doctors deal with patients, it is a human relationship before it is legal, in addition to the great responsibility that falls on the doctor in many respects; He is entrusted with the health of the patients he treats, in addition to being entrusted with the means and methods of medical treatment from medicines and other medical supplies, the medical profession has become one of the professions of privacy, so the doctor's keenness to limit his work to achieving the lofty and humanitarian goal of his profession, which is to achieve healing for the patient Or alleviating his pain or protecting him from epidemics and diseases through medical treatment is part of the maintenance of this trust. Therefore, we find that the Iraqi legislator has worked to provide an aspect of penal protection for this purpose from some illegal acts, and among the forms of these guarantees he regulates the provisions of the crime of giving a prescription with substances Narcotics or psychotropic substances for purposes other than medical treatment, according to Article (31) of the Narcotics and Psychotropic Substances Law No. (50) of 2017 in force, which states that: ((he shall be punished by imprisonment for a period of no less than (3) three months or a fine of no less than ( 300,000) three million dinars and not more than (5,000,000) five million dinars or one of these two penalties, and banning the practice of the profession for a period of (1) one year, knowing that every doctor gave a prescription for dispensing narcotics or psychotropic substances for purposes other than medical treatment) This is in order to maintain the doctors’ keenness in performing their therapeutic mission and limiting it to material facts and not exploiting this profession to achieve personal purposes and goals far from the goal of therapeutic work. It is a criminal offense represented in giving a prescription containing narcotic substances or psychotropic substances outside the scope of medical treatment, as well as counting it as a premeditated crime whose legal model requires the provision of a general criminal intent with its racist knowledge and will of the perpetrator. They are represented as the offender being a doctor, and the subject of the crime represented by the medical prescription as it contains narcotics or psychotropic substances as he considered misdemeanor crimes, through the freedom-restricting penalty he set for her, represented by a prison sentence of no less than six months in addition to other criminal penalties that were determined It has within its legislative text and those that it shares with misdemeanors such as complementary penalties and precautionary measures.

The jurisprudence of private international law has been stable, since its early beginnings, that this branch of legal studies owes its existence to the phenomenon of political borders that separate states in the international community, the latter consisting of political units separated by regional borders, which are states, so every state has its own system and law. Its own laws, its legislations, its courts, and its administrative organs that perform their fabricated functions.
Each state considers the relations concluded between people, describing it as national or foreign, and therefore does not need the rules of private international law, starting from its inception or its implementation inside or outside its borders, as the legal relationship or bond is foreign if it takes place within the political borders of another country, or If its locus or subject is located in the territory of a foreign country.
Thus, the phenomenon of political borders is a legal obstacle for the sake of the emergence and growth of relationships of individuals in different countries, and it is an obstacle that called for the existence of private international law to overcome it, so if a legal relationship takes place across borders, to different countries, such as consumption contracts and others, then there is a claim by law More than one state has jurisdiction to regulate it, which is called conflict of laws.
Here, the need for the rules of private international law arose in order to resolve this conflict by choosing the appropriate and appropriate law from among these competing rules in the countries to which the legal relationship that took place across borders relates in order to regulate it and settle the dispute between them.

Power stations are among the most important facilities in the country and any attack on these facilities is considered a crime that is detrimental to society. Electric power is of a vital importance and has a clear impact on the national economy for being an indispensable source of power and is greatly connected to the lives of individuals and the interest of society, not to mention its great contribution to maintaining security. As a result to this importance, the legislator has paid much attention to power stations by imposing several penalties on perpetrators who attack these facilities. The crime of attacking power stations is no longer limited to a narrow circle; rather, it has become an attack and aggression on the economic interests of society, which have a crucial role on its maintenance and well-being. Those who attack power stations pose a real threat to the state’s internal security, specifically when it is coupled with actions that have impact on security.
Given that power stations have a vital role on the national economy and attacking them can cause great damage to country’s economy; to identify how existing laws and legislation are efficient in protecting power stations; and to identify defects and weaknesses in legal and law provisions related to power stations by making use of and comparing with other legislation in this field, the researcher has decided to discuss the crime of attacking power stations.

The decision on the validity of parliamentary membership is the last stage in the promotion of the health and safety of parliamentary membership, given the importance of the constitutional position of members of parliament, considering them occupying one of the important constitutional institutions in the state due to the duties and duties they perform in performing the legislative tasks and duties of the laws and overseeing the state's activities
Some constitutions have been keen to assign the task of determining the validity of the membership of members of parliament to the parliament that is in application of the rule of self-monitoring to guarantee the independence of parliaments from the judicial and executive authorities, in accordance with the principle of separation of powers and constitutional guarantees regarding the independence of parliament in the affairs of its members from all the rest of the authorities, since Parliament has authorized this jurisdiction By deciding on the validity of its members ’membership, it is tantamount to assigning it a genuine jurisdiction derived from the constitution itself, and the will of the constituent authority is tantamount to the distribution of competencies over the powers of the constitutional institutions, and the parliament’s desire to retain this competence without others, in order to ensure its independence and to prevent interference in its affairs during this period.

According to the general principle, if the contract is valid, it becomes binding on its two parties and therefore it must be executed between them according to the rule of “the contract is the law of the contracting parties” and neither of them may modify the contract by addition, cancellation or exemption except in accordance with the agreement or the text of the law, which is a matter approved by Islamic jurisprudence and man-made laws. As long as the contracts are closely related to the principle of good faith in obligations, which is the basis that prevails in the implementation of contracts in accordance with the text of Article (150/1) of the Iraqi Civil Code, In all its stages, its effect is not limited to its conclusion, but extends to its implementation until the expiry of its terms. However, the implementation of the contract may experience an economic imbalance so as to result in a conflict between the interests of the contracting parties, which leads to an imbalance in one of them without the other, by exhausting it as it continues In executing the contract and making the latter heavier than the previous one, therefore, it was made possible for him, as a departure from the general principle, which requires not to rescind, to go towards the path of exception, where the injured contractor may address this fatigue by requesting the termination of the contract from the other contractor, according to cases or applications that affect the lessor. Or the tenant is called the emergency circumstance, whether in Islamic jurisprudence or law according to legal texts.

It is clear to us from the foregoing that jurisdiction in the civil judiciary is the authority legally granted to a civil court to adjudicate a certain type of litigation within its spatial scope, and this jurisdiction is inherently different from the jurisdiction that applies to all natural and moral persons, including the government, except that is excluded from it by a special provision. Thus, the jurisdiction aims to protect the interests and rights that the legislator intends to protect, which distinguishes it from the jurisdiction based on the proper functioning of justice of the state by dividing the jurisdiction between the different courts throughout the country, each of which has a part of this jurisdiction exercised by the law, and the jurisdiction of the civil court is the power of the judge to hear the case whenever it is within his spatial jurisdiction, as the ineligibility leads to that all his decisions are null and void. The limits of jurisdiction are set for the dispute judge when the case he is hearing relates to another case pending before another court, the matter requires that it be initiated by the same court on the basis of the rule (the judge of origin is the judge of the branch) and has the right to consider consequential issues that do not fall outside the specific or functional jurisdiction that pave the way for the adjudication of the case and the resolution of the dispute.

The Federal Supreme Court is the highest federal judicial body in Iraq, with its important and dangerous competencies and its role in extending its oversight over the constitutionality of laws and regulations, the interpretation of constitution texts, and other specializations decided by Article (93) of the Constitution of the Republic of Iraq for the year 2005, and in the presence of these The court with jurisdiction over constitutional judiciary, Iraq has become in the ranks of developed countries in this field, taking its first steps on the road to reaching the state of law and constitutional institutions.
The research problem is embodied in two aspects, the first is related to the ambiguity of the constitutional and legislative texts governing the formation of the Federal Court and the definition of its jurisdiction, and the negative effects that result from the great quality of the judicial rulings issued by it, represented by the court’s stubbornness and defiance of correctness in many of its rulings, while the second concerns the political reality that dominates The work of the court and affects its impartiality and independence.
The aim of the research is to identify the most important problems in the formation of the Federal Court and the legitimacy of its existence and work, in addition to diagnosing the problems related to the limits of its jurisdiction in order to find legal solutions to them, in a manner that guarantees the court's impartiality and independence, and leads as a result to judicial proficiency in its rulings.

Human dignity is a term that has sparked much debate and disagreement about its content and it's legal, judicial requirements of use. It has been explicitly or implicitly recognized in constitutional and international documents and has become a supreme value upon which many current moral, legal and political discussions are based. It has undoubtedly become the most widespread concept in international human rights law, which is the basis of different legal frameworks, because it is intertwined with various religious and moral traditions, and yet human dignity does not find a uniform application. However, it is possible to have an approximate concept of human dignity that represents the minimum value should be given to a person, just because he is a human being regardless of his gender, color or social position. dignity has become an important principle in constitutional discourse and human rights during the past few decades. After being included in the Universal Declaration of Human Rights (UDHR) as a central foundational value, it has formed the basis of fundamental rights in national constitutions with increasing frequency. Discussing the right of Iraqi women to human dignity opens spaces to criticize the consistency, coherence and respect of this right in legislative work, starting with the Constitution as the supreme legal document in the state, and passing through various legislations that directly or indirectly touch one or more aspects of the human dignity of Iraqi women.

The researcher seeks through the research to demonstrate the feasibility of forming the Iraqi Commercial Court in light of the Iraqi Supreme Judicial Council Statement No. (74) for the year 2000 and its impact on the economic and commercial side, because it forms the basic seed for the formation of a specialized commercial judiciary that contributes to resolving commercial disputes quickly and flexibly through The existence of specialized judicial cadres with a high level of experience and knowledge leading to the issuance of judicial decisions that achieve the required effectiveness in terms of procedures and causation, so we decided that the topic of the research be (the effectiveness of the Iraqi Commercial Court in settling commercial disputes - Legal study in light of the statement issued by the Judicial Council The highest number (74) for the year 2020).

The issue of the salary cut penalty is one of the central topics worthy of in-depth studies related to a large segment of society, namely the employees, as it is one of the disciplinary penalties that the administration uses to discourage and deter the employee if he violates his job duties stipulated in the law. It affects his family and his standard of living, especially if he is the only provider for his family and he has no other source of income except his salary.
Despite the importance of this punishment, we do not find at the present time a sufficient number of studies that are commensurate with the importance of this topic, as most studies have not dealt with this topic in detail. Rather, it suffices to refer to this topic without delving into and detailing it, especially if we know that the Iraqi legislator in the law Discipline of state and public sector employees No. 14 of 1991, amended, has encountered problems regarding this penalty, starting from not determining the salary to which the punishment falls, whether it is the total or nominal salary, to allowing the head of the department to impose it once the offending employee is questioned despite the effect of this punishment on the employees' families Finally, the inequality in its impact on the employee's promotion in the number of days it is imposed, in addition to that, the administration may resort to imposing it, we think that it is a method of administrative organization without adapting it as a disciplinary punishment in the event that the employee is absent from the official working hours without a legitimate excuse. In this research, we will deal with the legal regulation of the penalty cutoff in some detail and try to understand this topic.

The new Corona virus (Covid 19) as an epidemic that has dangerous effects on human life, which in some cases may lead to death; In addition to the harmful effects it causes on his health and the accompanying quarantine of the injured and what he spends on hospitalization or treatment, and since the Corona virus is transmitted with the infection from the infected person to the healthy person, this calls for establishing civil liability for the person carrying the infection, with the resulting compensation And reparation for damages arising from the transmission of Corona virus infection.
However, the infection of the new Corona virus may have been transmitted by mistake of the affected person, as a result of his failure to avoid contact or contact and social distancing, as well as his failure to follow methods of prevention from wearing masks and gloves, which may result in either exempting the defendant (responsible) or reducing his liability As a result of the common fault affected with the administrator error.

The general rule is that the contract draws strength in organizing the provisions on the will of the contracting parties and submitting to determining their extent and limits. Therefore, if the subject of the contract is determined between the two parties and the offer is accompanied by acceptance in a legitimate manner. It was agreed on the essential elements, and this contract became a binding force, which is like the force of law for both parties. As for binding one of the contractors or both of them to some of the contract that he accepted as a whole, it is a violation of that contractual will that is focused on the contract as a whole with its content, conditions, obligations and rights. It is not permissible to violate that will which is binding on its parties who did not satisfy one part of the contract without the other part, and the same applies to the unilateral act issued by one side. Whereas, the fact that the disposition accepts and does not accept division is due to that will expressed by the owner of the legal disposition. If clauses or conditions are mentioned in the unilateral act, it should be questioned about their importance in the intention and will of the disposer himself, there are two directions: The first takes the principle of indivisibility, considering the latter as purely material actions that refer to the place of the contract itself, while another trend believes that indivisibility is based on the law, which considers some types of contract are indivisible. As it is due to the intention and will of the parties, which made the legal action a single and indivisible deal.

The crime of incitement to adopt ideas or trends that are inconsistent with the peaceful transfer of authority is one of the most serious crimes that undermine the democratic system and the stability of the internal security of the state. Therefore, most of the state’s punitive laws came as punishment for any of the acts that violate social peace and national unity, considering it a climate in which democracy is practiced in order to achieve peaceful circulation. The Iraqi legislator has criminalized it in Article (10) of the Law on Prohibition of the Baath Party, Parties and Racist, Terrorist and Excommunication Activities No. 32 of 2016, and this crime is committed with material behavior represented by an act of incitement which may take the form of expressive behavior with a psychological content that is represented by saying or The image of the purely material behavior that is represented in writing, publications or publications is taken, and because of the seriousness of this crime, the Iraqi legislator made it a dangerous crime whose aim is to tear apart the unity of the national ranks and its social peace in order to achieve goals that are not in line with democratic principles, and the Iraqi legislator has made this crime one of the crimes of felonies punishable Imprisonment for a period not exceeding (10) years

The importance of administrative and financial control is assure fact that does not accept doubt and interpretation, as it occupies the fore front in the administrative process, and is considered in this context the most important stages of this process, then the monitoring process must organized in a way that makes it an effective tool in developing and directing government work in all departments , and embodies this organization through the legal basis that governs the oversight process

The issue of (the crime of organizing a terrorist armed gang "a comparative study") is one of the important topics on the legal and economic level. Terrorist groups are increasing in their authority and danger over all societies. The issue of organizing gangs occupies a place in the penal code, but the anti-terrorism law has come back and regulated it, because it has become one of the most important topics. That which society suffers from and is considered an unfortunate phenomenon by using the force of arms in a manner that threatens the security and safety of society, and the grave consequences that result from its commission that could damage the security of the citizen or the state and its internal stability. What increased the danger of organizing armed gangs, the insistence of their organizers to achieve the goals they were determined to achieve, and their use of weapons in that, which would negatively affect the individual and society alike in political, economic and social terms The need for aggravating punishment for anyone who organizes an armed gang appears to be more and more necessary, because it is a dangerous phenomenon on the internal character of the state The terrorist gang assumes the existence of an organization and it must have a head and assistants. In this concept also includes any official in it with the hierarchy of the gang, and it does not matter where the gangs were arrested, whether it was in their meeting places or during the looting and whether it was with or without their weapons and without Resistance, as the law severely deals with those who organize armed gangs and are considered to be personally accused of the crimes that they may have committed or contributed to their implementation against people, money and property. Desired.

Courts sessions crimes are meant as every act or omission that constitutes a crime committed by persons, whether they are parties to the criminal case, such as the complainant, the accused, or their attorneys from the attorneys or others present in the court session or by entities such as if it is committed by the court, such as the judge or the plaintiff. Or one of the court employees, whether this crime constitutes a violation, misdemeanor, or a felony that would obstruct the progress of the trial and thus hinder the work of the judiciary in reaching justice or reduce the prestige of the court.
Iraqi legislation has given criminal courts with regard to courts sessions crimes to initiate criminal cases, investigate and conduct the trial, as well as adjudicate them, but within certain limits, and it also gives these courts the authority to address crimes committed during their session, as an exception to the principle of separation Between the powers of accusation and the investigation, because the court in whose session the crime takes place is the most capable of proving this crime and adjudicating it, In addition the Iraqi legislator has expanded the authority Criminal courts, each according to the type of crime and the court.
The Iraqi Legislature has given the crimes of court sessions its own procedural rules, which are the rules of professional and gender competence and in terms of persons, the rules of case movement, investigation, trial, appeals against judgments, and rules for complaints by judges and their response.
The study of this research was an analytical study of Iraqi legislation, including the Penal Code No. (111) of 1969 amended, the Code of Criminal Procedure No. (23) of 1971 amended, and the rest of the other procedural laws with comparison with the texts of Egyptian criminal and civil legislation and touching on some provisions of the constitution and the Iranian penal code.

The role of scientific research cannot be activated without there being freedom for workers in the field of scientific research, and freedom of scientific research is one of the intellectual freedoms that imposes itself until it has been given a constitutional position with other freedoms, and it is freedom of scientific research and as a freedom it is a right enjoyed by researchers, which is Among the freedoms exercised within the framework of the institutions in which researchers work.
This judicial guarantees is the most effective stronghold for protecting the right to scientific research, in addition to establishing constitutional recognition in this right to protect it, but this recognition will remain ineffective if there are no guarantees that guarantee its protection in the event of exposure to it in a manner that leads to wasting its content.

Modern technology allows the possessing societies to expand the distance between the weapon user and the lethal force that he launches. The Military Aircraft without pilot which is known as Drones division, allow the person who controls the lethal force to deploy this force without being present "in person," According to him, he should operate it from computers sitting in front of it from a far place while he is away from danger, which is considered a "modern combat method that is prepared to be studied and organized, and that there is widespread agreement" on the need to exercise caution and impose some form of monitoring on the use of this technology by states as well as General standards already imposed by international law

It is known that, the trade union organizations were established in order to ensure the health and safety of all members of the working class and the general public working in various production sectors in Iraq and working to create conditions and provide services that help develop the working class socially and professionally to a better level and achieve these goals By passing the Social Security Law for Workers and Union organizations have several concepts, which we will talk about the linguistic concept and the idiomatic concept, and of course they have several types that we will talk about in detail and about what these organizations aim and how their characteristics are, Worker rights have become a vital issue that touches workers of all countries of the world with their various political, economic and social systems, and these rights have become an important topic at the local and international level.
The main task of trade unions was to pressure employers to maintain workers ’wages and improve working conditions, but with the progress of time and the development of society’s needs and the increase in the numbers of workers, unions have many other tasks in order to build a better society and develop work relationships. In the end Trade union organization has become at the present time an essential economic and development necessity for all countries to work different social and political trends in order to provide them to all their citizens, especially after it has been scientifically proven that economic prosperity and productive development are escalating exponentially with the elevation of the level of health, awareness and livelihood of the working class and with growing confidence in their future and the fate of individuals Her family, and this is natural for the issue of trade union organizations in protecting workers' rights to receive the highest levels of care and attention.

The verbal appearance is based on the preponderance of one of the meanings included in terms of the word, after taking into account a group of verbal principles, the most important of which are the authenticity of the truth, the authenticity of the general, the originality of the release, the originality of lack of appreciation, the originality of non-participation and the originality of non-transmission.
The Iraqi legislator has dealt with the issue of verbal appearing in the chapter of interpreting the contract, limiting it to mentioning some of its rules. Their verbal appearance leads to bad results.

The unique nature of epidemics represented by viruses may require a specialized and new or modified tool to reach the common denominator between the contracting parties in order to implement their obligations equally, that the Corona pandemic invaded the world and completely paralyzed the movement in most public and private sectors, but rather contributed significantly to influencing contracts and agreements Concluded and signed between individuals, companies and even between countries. As it was clear to us that health epidemics are a pure material occurrence, which has clearly defined negative effects on legal relations in general and contractual relations in particular, this affects some investment sectors, which in turn lead to the impossibility of implementing some obligations or delaying their implementation by the specified date.
For the above, we see that the basis on which the theory of contingency or force majeure should be built is the maintenance of the balance between the obligations of each of the contracting parties as they were at the moment of the conclusion of the contract, and if the force majeure represented by the new Corona pandemic affects contracts and obligations between the contracting parties, This effect should be temporary and not be an excuse or a refuge for some to disavow the implementation of contracts and the obligations arising from it, so whenever circumstances arise such as the Corona pandemic disturb this balance, the legislator is obliged to intervene to restore the balance between obligations by applying the provisions of the laws related to those exceptional circumstances.
Therefore, we are facing a global health situation as a result (Covid 19) of a legal and economic dimension that requires wise justice that guarantees a balance between the contracting parties and devotes the main role of the courts to achieving just legal and social security between the parties.

That there are many non-commercial risks - by which we mean the risks that were not the result of trading securities in the stock market, such as changing the price of the security, for example - to which investors in the stock market may be exposed and which insurance companies do not cover either because they are not specialized In the field of securities market transactions or because of its financial inability to cover such risks, this matter can lead to reluctance to invest in the stock market for investors who do not have sufficient experience to invest in this investment field, therefore specialized agencies have been found to cover them By organizing special legislation to cover non-commercial risks, as in Egyptian, Jordanian and American legislation, which is truly an effective way to attract investment in the stock market by these fearful investors. These legislations have organized the form of the body that covers the risks and the type of non-commercial risks And commercial papers covered by the coverage and the basis for determining the amount of compensation

This Research tackles the civil liability for sports accident which occur by activity of the sports bodies such as leagues ,clubs and sports organizations .or which occur by the act of the participants in the sports activities such as athletes, referees, coaches, employees and volunteers , or which caused as a result of the fault of the races organizers , or the fault of the sport facilities directors , or which may be occur by the fault of sports equipment manufacturers . Here by the research displays the bases of the civil liability for sports accidents ,the restrictions which have prevent establishing this liability, the effects of this liability and the agreements which may be enter on it, such as the exculpatory agreements, and sports liability insurance . Through all that this research sheds the light on importance of existing counter balance between establishing this liability and the restrictions which have prevent it , And discloses the legislative and judicial attempts for finding this counterbalance and reveals defects of these attempts , This research accentuate the necessity of finding real and effective counterbalance between the bases of this liability and all its restrictions by wording real counterbalance not swinging counterbalance to concept of the voluntary and consent of the risks, and to concept of the obvious (or inherent) risk. And following objectivity standard to apportion the sports liability on basis of the contributory negligence from the injured who often contributes by his negligence in occurrence of the sports accident ,even in precise situations which therein overlap injured negligence with liable negligence for sport accident , And this counterbalance can be made by the objectively dealing with exculpatory clauses from civil liability for sports accident ,and should not be extremeness in recognition of the legitimacy of these clauses without controls have suit with the nature of sports activity , As well as the insurance of sports liability plays a much more significant role in stabilization of the sports activity. If this insurance depends on the existence of a balanced system of liability for sports accident ,it could play parallel role with this liability in supporting the sports activity .

Monitoring is a disclosure mechanism, through which it is possible to identify violations committed by political parties and candidates in their financial activities. Therefore, the monitoring phase can be considered the stage of identifying the points of error in political finance processes.
Financial control requires dealing with the revenues and expenditures of political parties and adapting them to financial laws and regulations. Drafting political parties ’financial systems alone is not sufficient to achieve the desired goals. In addition, there is a need to take measures to effectively monitor and implement the regulations, and these procedures include disclosing the parties’ financial position and reporting them to A specialized body to verify their authenticity that together form the financial oversight of political parties.
Legal systems differ distinctly with regard to determining how to control the financing of political parties, and in particular with regard to determining the bodies that are in charge of this control in terms of the extent of their independence and supervisory powers, and their legal nature. Therefore, some systems gave the power to control the sources of financing political parties to administrative bodies and others He gave it to bodies independent of state authorities.
Monitoring practices will be studied in the benchmark countries, the Federal Republic of Germany, Egypt and Iraq with regard to the institutions that control political party financial control.

The multiplication of mass incidents has led to the emergence of a new component of compensation independent of the psychological suffering clause, which includes all kinds of moral suffering exposed by the victim. This element is called the anxiety of imminent death. The aim of acknowledging it is to cover the harm resulting from anxiety, whether with regard to the victim’s sense of his imminent death before leaving life, or for his relatives because of the anxiety they feel arising from the brutal nature of the harmful act to which the victim was subjected. In fact, compensation for feeling anxious has become an urgent necessity in the legal scene. This necessity made the judiciary turn, in response to the calls of jurisprudence, towards recognizing this type of moral compensation. However, the Court of Cassation does not allow in all cases to award compensation to the victim for this type of damage, but has set some conditions to limit it. acknowledging of this type of psychological pain with independence will lead to more disintegration in the moral prejudice that many doctrine (jurisprudence) recommends to remain it united. However, this disintegration remains permissible as long as it will be consistent with the principle of full compensation, which justifies giving compensation to the victims for their fears of imminent death.

The implementation of the penalty of administrative confiscation, either by following the administrative path, or through the judicial path, and when the confiscation decision is made, it becomes enforceable, so the center or legal centers it established arranges, and as a general asset, the administration has the right to implement the confiscation decisions by itself, while when it is realized that individuals refrain from implementing The administration can implement the confiscation decisions directly and immediately, as a result of having the privileges of the public authority, while following the judicial path is through a lawsuit filed by the administration to demand the criminal or civil judiciary to implement the confiscation decisions, which individuals refuse to implement, and most likely a lawsuit is filed before the criminal judiciary against the abstaining individuals to force them to implement administrative decisions by applying the general text in the Penal Code that includes imposing a penalty Imprisonment or a fine or both, and some of the legislation regulating the activity of the administration may include a penalty more severe than the general text imposed on the right of abstaining from Execution of confiscation decisions, which the court is obliged to enforce .
The consequences of implementing the penalty of administrative confiscation are represented in the transfer of ownership of the confiscated money to the state - as a general rule - free of charge. It is possible to transfer the thing subject of confiscation to another country, or to a specific person - in a limited way - who is foreign to the administrative violation, and the transfer of the thing subject of administrative confiscation to the state is as soon as the administrative decision is issued, which enables it to act in various actions according to what the legislator determines in the laws The organization of management activity, such as selling and the revenue of its price to the public treasury .

The study titled “The International Protection of the Prisoner's Right to Health” addressed a study in the rules of international human rights law, through a discussion that included two demands. These rules, including preventive and curative care, and the challenges that could pose an obstacle to that, and to what extent is the prisoner's right to health affected by other rights such as the right to education and others

The principle of the presumption of innocence is defined as the treatment of a suspect, whether a person or an accused person in all stages of the proceedings and whatever the gravity of the crime that is attributed to him, that he is innocent until proven guilty by a court ruling that is in accordance with the guarantees established by the law for the person in all its stages, and the presumption of innocence is the most important guarantee of the guarantees Personal freedom of the human being, so it is not conceivable that a criminal system exists in the modern era without this presumption being one of its pillars, as it is the most important element of a fair criminal trial, and that the presumption of innocence has two concepts, one of which is objective, and it means that the presumption of innocence is an objective legal presumption that places the burden of proof on the accused authority. The accused is innocent until proven guilty according to law, and the second is personal, according to which this presumption does not only mean that the accused is considered innocent and then the need to prove his guilt, but it is also a presumption addressed to those in charge of the criminal case and requires the judiciary to consider this accused innocent as long as his conviction has not yet been proven by the issuance of a court ruling. This principle has become one of the recognized principles, which has prompted many countries to stipulate it in their constitutions. However, other countries did not stipulate this principle but rather applied it as a principle The presumption of innocence has received attention at the international level and has become a human right. There is no charter or treaty related to human rights that is not stipulated in it, and the statute of the International Criminal Court has stipulated this principle and the consequences thereof in the field of Criminal evidence, which is that the burden of proof is on the defendant, and that the conviction must be without reasonable doubt, which is called the basis of suspicion, and the statute of the International Criminal Court has established that it is the public prosecutor to prove that the accused is guilty. The public prosecutor was not able to fulfill this duty. Here, the court must intervene with the positive role granted to it, so the court has the authority to present all the evidence that it deems necessary to determine the truth, but this does not mean that the accused is deprived of presenting evidence if he can present it, as the International Criminal Court It permits the parties to submit evidence related to the case. As for the basis of doubt, it is that the judgment issued by the International Criminal Court must be certain or without reasonable doubt, and reasonable suspicion is suspicion based on a reason that agrees with reason and Logic .

The issue of conflict of interest is a source of great concern in the countries of the world because of the negative effects and dire consequences it entails affecting the process of progress and development, and accordingly, some pioneering countries have enacted laws to deal with cases of conflict of interest despite the fact that these initiatives are shy and at their start or contain some articles That is dealt with within the laws without enacting a unified law on conflicts of interest. All this is the goal behind it to ensure good management in a way that confirms its integrity and transparency in front of the public.
It can be said that conflict of interest in the general sense is every act or position that achieves the material or moral interest of a body or its legal representative in any form.

However, its risk is greater in the stock market, where most relationships are established, whether between financial intermediaries on the one hand and their clients on the other hand, or between clients each other when a single financial intermediary performs their work by referring to the agency and legal representation that is the direct source. For many cases where interests conflict, and based on the aforementioned, we will divide this research into two requirements, the first we will devote to the concept of conflict of interest in the stock market, and the second we will hold it, for the content of conflict of interest in the stock market.

Geographical indications at the present time of our era play a distinctive role in the commercial field, because of their economic, financial or moral value, and geographical indications are considered an industrial property right, known as a geographical name for a specific region or region or part of it, or some geographical place That would designate a product that has a concern in it, and the quality of the product and its features are limited to that geographical environment, which includes human or natural factors, which grant this right that has been met, specific objective and formal conditions, legal protection under national or international law. The index, when attacked, as the Iraqi law imposed national legal protection, according to the Law of Trademarks and Commercial Data No. 21 of 1957 amended after 2004, as geographical indications were added in the first article of it and considered with the guarantee mark, and it was granted legal protection And all the privileges granted to a trademark in the law, including registration in the department concerned with registering trademarks, in the Iraqi Ministry of Industry, the General Directorate of Industrial Development - Trademarks Section Located in Baghdad / Nidal Street - the headquarters of the Ministry, and accordingly providing international protection to it through Iraq's accession to the Paris Treaty of 1975, commitment to the Nice Agreement for Goods and Commodities, and joining the World Trade Organization currently as an observer, which means adherence to the provisions of the World Property Organization The Intellectual Property Organization (WIPO). Iraq did not regulate a special law on geographical indications, but rather included it with the aforementioned trademark and commercial data law.

Through this modest study, we are looking at the criminal protection that the Iraqi and comparative legislator has dyed in constitutions and criminal legislation on a part of the private property of individuals, which is the boundaries and breaks placed between properties customarily between people or according to the law or local organization in cities and villages, as we prove in our study that the assault On the boundaries between the properties, it is considered a criminal attack on the properties themselves, and this aggression constitutes a crime because it violates an interest protected by the criminal legislator and shows its material and moral pillars represented in acts of assault by vandalism, transfer or total removal, and the special element represented by the limitation of a separation between real property and the conditions of aggravation and mitigation of its punishment, Finally, we suggest to the legislator to double the penalty and tighten it, since the punishment is only part of the property, and if it is not usually self-contained, there is no doubt that it is part of the property in any case, whether it is building, signs, trees, trench or wire.

The family is the basic building block of society. The more the family is cohesive and understanding, then we will be in front of a strong society because the relationship between family members is based on affection, mercy and harmony. Therefore, the goodness of society comes from the goodness of the family, and maintaining the family entity requires a great effort from all its members, and it may happen to disintegrate. The marital bond is exposed and the settling of accounts begins between the spouses and the children fall victim to this liquidation, and it is important to point out here that the size of this problem that children are exposed to due to the conflict of parents is great and is constantly increasing, because it is related to the number of divorce cases that occur in our society and it is constantly increasing. However, our research will not address the causes of divorce, but some of the effects that can result from it, and comes at the forefront of the disputes between spouses after divorce, the right of custody of the children. Custody or custody issued by the judiciary, and its issuance, another problem begins, which is the handing over of the child to the person in whose favor the custody or custody decision was issued.

Bribery is one of the dangerous pests of society and is considered one of the bad criminal and social phenomena that have appeared in all societies, which would destroy the spirit of justice. It is bribery that is harmful to the national interest, and one of the parties to it is a foreign state, and even more dangerous than that, it is a crime of external state security and may be committed to carry out terrorist purposes.