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

The ministry has the right to take any executive action in accordance with the requirements of its executive function, Unless the Constitution or the law prohibits such a measure, so that if it exceeds the limits of legal norms in the broad sense, its conduct is unlawful. The study will examine the constitutional and legal limits of the ministry in the executive competencies of the developed parliamentary system in the federal state. The comparative study of the parliamentary system in Iraq will be the parliamentary system of the Federal Republic of Germany as the optimal model of the developed parliamentary system in the federal state. The study will focus on how the constitution and law in the countries under study define the executive competencies of the ministry. Does this definition match the general rules of the parliamentary system, Constitution of the Republic of Iraq committed to these rules or not? In theory and practice, since the constitution of the Republic of Iraq for 2005 stipulated that the system of government is parliamentary, the constitutional legislator was obliged to abide by the general rules of this system, but it came out on some of the rules of the parliamentary system in its executive jurisdiction, sometimes by stipulating that the subject be dealt with The rules, such as derogating from the competence of the Council of Ministers in the appointment of senior officials, his authority in this area is merely suggested the names of candidates for these positions to the House of Representatives. The appointment authority shall be in the hands of the Chamber of Deputies, and it can disable the authority of the Council of Ministers. And the constitutional legislator granted the President of the Republic the right to replace the Prime Minister in the event of vacancy for any reason whatsoever, This violates the rule Basic rules of parliamentary system, a dual executive.

The principle of good faith is one of the basic principles that dominate the life of the contract in all its stages, from the negotiations stage to the implementation phase. In good faith, both parties to the contract have affected the extent to which the debtor is liable to the creditor, particularly with respect to the guarantee of exposure and entitlement. Therefore, some legislation has tended to make the creditor's good faith a condition for the return of the guarantee of exposure and entitlement, if it is not a requirement that the debtor's good faith in the guarantee has an effect on the extent of the indemnity owed to the creditor in the event of the cause of entitlement.

Alternative family is a foster family entrusted with the custody and upbringing of the child of unknown parentage or deprived of their parents or orphans or from similar conditions with those in order to care for them and raise them and then to compensate them for their natural families, which have been denied them and acquire them for the loss and deprived him of the essential needs of social and psychological composition to become their personality stable and favor.
To this Privacy family in terms of Matkdmh of family care so must the range of conditions in terms of commissioning and freedom, Islam and Justice and the Secretariat are available in addition to what Achtrtth laws in those families that must be made up of a couple good and mature morally and socially, as well as freedom from diseases that could affect the health and safety of the child, since this human psychology deserve protection and care as they made housed imposed on society so committed to foster families in several obligations towards the child that are embracing and undertake upbringing and upbringing, including the right to be called financial, religious and right, and in addition to the recognition of a percentage and the consequent benefit purely for bastard and unknown parentage who acquires from which all the rights that ensue real filiations To inform aspects of this research, we found it appropriate to divide the research on the subject of the concept of the legal system of alternative family on three topics we dealt with in the first part, the concept of alternative family and then distributed to two demands in the first demand Pena meaning of alternative family, in the second requirement Frdhana in which the terms of the alternative family, either a second section Fbgesna where people covered by hugging the families of alternative We have dealt with this subject on two demands Oferdna first demand to determine the persons covered by hugging in Sharia law and sentenced Pena in the second picked up, and in the third section dedicated to the alternative family obligationsWe have reached a conclusion that we set the most important findings and recommendations derived from this research.

The definition of the jurisdiction of a court may be related to the jurisdiction of this court so that it is an independent judicial system. This jurisdiction is therefore called the functional or state jurisdiction. It may also determine the amount of the premium from the jurisdiction of each court according to the type of case. It is also called the exclusive jurisdiction. According to which the types of courts and the series of degrees or as much as a layer of the one judicial body of the mandate to consider or adjudicate in particular disputes and the court subject to study special competence distinct from other courts as they specialize in banking disputes.
The legislator may determine the competent court, taking into consideration certain considerations. In this case, the jurisdiction of this court shall be determined in accordance with the administrative divisions of each State, as in the case of the Services Court and the Economic Court, as well as the Saudi Banking Disputes Committee. The procedural laws determine the jurisdiction of a court according to the value represented by the case in respect of the right claimed, and the value of the claim as on the day of the claim and include in this estimate what is due from the benefits and compensations, The estimation of the value of the case indicates the qualitative knowledge of the court ,because the distribution of the special jurisdiction between the first instance courts is often based on the value of the case. If the court of first instance accepts the appeal or does not accept it, It seems that the value of the jurisdiction does not have an impact on determining the jurisdiction of the court in Iraq, because the case of the Court of First Instance is considered regardless of its value as a court of competent jurisdiction, which means that the rules of value jurisdiction of importance in the law of the Iraqi judicial organization or the Iraqi Civil Procedure Code In comparison to what is the case in the Egyptian Civil The laws also specify the extent of jurisdiction of national courts across their borders according to the fulfillment of certain conditions in the lawsuit filed in terms of the subject matter of this lawsuit or where the parties. The law of the Central Bank of Iraq does not indicate whether this court has an international jurisdiction or not, as well as The Commercial Procedure Law and the Saudi Judicial System. Moreover, the Civil Procedure Law did not address the international jurisdiction of the Iraqi courts in general, while the Egyptian economic courts enjoy international jurisdiction. The Saudi Banking Disputes Committee does not acquire the description of the judicial authorities in some countries. Therefore, its rulings cannot be implemented outside the borders of the Kingdom.

The illegal trade of conventional weapons is a threatening problem to international peace and security for which all members of the international community called. Therefore that issue has been included in the Charter of the United Nations. The proliferation of such weapons has become a threat to the internal security and stability of States. And it is regarded as the most dangerous matter. The steady increase of conventional weapons has been a burden on the international community. The United Nations has sought to restrict and limit this issue through the elaboration of agreements that include all countries of the world in order to control the issue of export and import, namely, the trade of conventional weapons and to prevent its illegal trading which can be seen clearly in the Arab homeland and in the countries that having different types of conflict .So the Arab homeland and also the whole world are suffering from the terrorism, which is represented by many different terrorist organizations, especially the terrorist organization (Da'ish or ISIS) as a result of a state of security chaos and the various plurality of the terrorist organizations that followed the Arab events in early 2011.
Most of these reasons represent a clear violation of the rule of law and a serious threat to the national security of countries.And thus it is reflected on international peace and security. The proliferation of conventional weapons and their presence in the hands of terrorist organizations became a real threat to the regimes and to the national stability and the security of the states.
There are about (500) million pieces of conventional weapons which are not in the hands of the States regime, but they are in the hands of terrorist groups under their various denominations, and that prompting States seeking the need to put an end to this issue and to stand against it because it caused the fall of national countries to fight the terrorist organizations which passed over the national and international borders.
The United Nations and through the treaty of (Conventional Weapons Trade 2013) sought to commit States to many procedures and rules that contribute to stability and maintain international peace and security concerning transferring of weapons. The United Nations represented by the Security Council has issued several supporting decisions to dry up the sources of terrorism and combat all of its kinds, however, the treaty is not perfect, but it has some of insufficiency that needs for reviewing and development.

It is clear that prior to addressing the banks in which the regulated bank wishes to participate in the conclusion of the syndicated loan contract for the interest of the client wishing to borrow, it must obtain from the customer a letter of authorization according to which the bank will be authorized to arrange and arrange the loan contract for the project from the local or international financial market. Any obligation on the bank to grant the required loan if it is not successful in collecting it from the banks, then to prepare a preliminary study, as well as the preparation of information note about the customer loan applicant and the project to be financed, and the terms of the loan required, and then send a invitation to participate banks and annex documents and documents with me The information note serves as an assessment of the customer's credit standing and the basis upon which participating banks rely upon their decision to finance or not.

There is often fierce competition among banks for obtaining the role of the regulator, including the material, including the moral, the material lies in the commissions obtained, and the moral due to the influence and literary reputation that the bank to regulate the management of the loan contract, either because of the importance of the borrower or the importance and magnitude of the amount, This process is profitable and a source of revenue for the lending banks, as it allows continuity of dealing with the borrower in other transactions and strengthens its position in the financial market.

The responsibility of the State for the acts of its jurisdiction shall be raised at the international level if it contravenes the provisions of international treaties .
Whereas the latter is an original source of public international law and the national judiciary is in conflict with its application and interpretation of the disputes before it, International treaties, such as the application of domestic law that is contrary to the treaty or contrary to the application of the rule of the international convention, and with respect to breach of interpretation, we can interpret the law violating it or interpret the law agreed with it contrary interpretation, or the rule explains the interpretation of the Convention This interpretation is often based on the rules of the internal legal system .

As it is clear to everyone that we are living in the present time in the hands of rich companies that publish information as a company Google, and these companies are in control of the dissemination of information, and that access through these companies must be paid for material by us.
In other words, the author has a financial return through the dissemination of information through these companies and supported by the law represented copyright.
The challenge for us at present is that what these companies are doing is acquiring the information and thus depriving us of it if we do not pay for it, which raises the question: should we follow this trend of "pay for information"?
This trend draws the general lines that the authors of information are serious about entering this market and called it the market of the twenty-first century, but this needs to learn more and more in terms of how to obtain information in exchange for the author and the company has spread information on financial revenue.

The civil action often happens after it has been obstructed for a period of time, including the suspension of its proceedings. This waqf is only before the courts of first instance to which the case is brought before it or before the second instance courts (appeal) This would be valuable if the court appealed the sentence.

This waqf is divided into three types: either it is based on the will of the parties to the case and it is called a stay of agreement or it is done by a decision of the court that is considering the case because of the suspension of the ruling on another matter that affects the possibility of issuing the judgment in the suspended case. To the explicit provisions of the law for specific cases and constitutes a legal moratorium.

The suspension of the proceedings will have the effect that the case is still pending despite the stay. However, the case is still pending for a period of time and according to the type of waqf. In any case, the suspension of the proceedings must end, either by revoking the petition because the proceedings have not been resumed after this time or resume. It is left to review and subsequently invalidated or its proceedings may continue after its appeal until a decisive judgment has been made on its subject matter.

And if it encounters such a stalled process of proceedings, it must raise many questions and differences of jurisprudence when the legal texts cannot face some cases or when the difference in interpretation of these texts, which may not be the legislator in some cases successful in dealing with certain facts.

The immunity of the President of the State before foreign criminal justice is one of the most important immunities that make foreign heads of State immune from criminal proceedings against them even in the case of serious international crimes. However, this situation is no longer acceptable after the major developments in international human rights law In times of peace and in time of armed conflict, that developments led to the establishment of several mechanisms to ensure respect for those rights and to prosecute perpetrators of serious violations of international humanitarian law and international human rights law. and began to move significantly to restrict the criminal jurisdiction of Heads of State who escaped punishment for a long time by those impunity. that immunity has been restricted by the exception of serious international crimes committed by heads of State from the scope of exempt from submission to the jurisdiction of the criminal foreign, and this is consistent ultimate goal of international criminal law.

One of the Most important subject is the parliament supervision means on the executive authority according to the principle of separation of powers that divided it into three which is " legislative , executive , and judicial". The Legislative function is to issued different kind of legislative rules in according to its power, the executive function is to execute the legislative rules issued from the legislative authority, the judicial authority is to settle the disputes between the individuals.

The constitutions take a different attitudes to make kind of equilibrium between the three powers, for example the legislative authority have many different supervision means towards the executive authority such as " The parliament question, the parliament investigation, the parliament questionnaire, and the dis- trust from the government".

According to the principle of separation of powers the executive authority has the right to dissolution of the parliament.

My study will focus on the Iraqi constitution an the means that the legislative power have against the executive authority.