Journal of college of Law for Legal and Political Sciences

The Russian Federation, the heir to the former Soviet Union, which in turn inherited the collapsed tsarist Russia, all have specific strategic objectives in the Middle East. The essence of these goals is to build an influential presence in it to protect and develop the interests of the Russian Federation in the future. And the more their overall strength develops, the greater size and type of their presence develops in the Middle East. They are exploiting opportunities to strengthen this presence, as in exploiting the failure of the United States in its "Arab Spring" project and the failure of the United States to achieve full success in the fight against terrorism in the Middle East and North Africa 2014-2017.
The Russian Federation has succeeded in extending its influence by the fluctuated withdrawal of US influence from the Middle East 2009-2016 under the rule of President Barack Obama, but the question here is can this Russian Federation maintain or increase this expansion in the new administration in the United States within the rule of President Donald Trump?

The rule is that the administration should be free to make its decisions according to the forms available, unless the law requires to follow a certain form. Therefore, it can explicitly or implicitly disclose its will. The latter reveals the administration's silence towards some requests of individuals or not carrying out some of its tasks entrusted to it by law. The administration's refuge behind the fence of silence leads to the harm of individuals and affects their freedoms of litigation. Thus, the legislator has made the administrative decision as the nature of the administration's silence which may be negative or implicit, but the negative decision resulted from the administration's silence must be within its restrictive specialization without discretionary authority, Thus, the discretionarg decisions have jumped out of the Administ rative judiciarg's censorship, and that requires a legislative intervention

Perhaps the beholder at the world today sees the mosaics of the diversing people in which the majority participates, either in terms of religions, races, genders, languages, and cultures ... Moreover, there are groups characterized by one or more of the features mentioned, called as (minorities). They share or differ in terms of one of the previous features, then a state in our world is not void of out this classification. Peaceful coexistence between them is the basis for social enrichment, with acknowledging in advance that the term (minorities) does not coincide but differs in terms of time and place, and then these groups enjoy whether the majority or the minority with general rights. In addition to the special rights of the minority, especially their right to hold religious rituals, what are the international guarantees that secure this right while religious freedom is from the rights guaranteed by international charters, and how effective are the texts contained therein?

Cybercrime has recently spread as a new crime, as a result of the increased use of the Internet worldwide, where the Internet has become the mainstay of the information age, and the most widespread means of transmitting and exchanging information, data, sources and behaviors.
Crime in general and digital publishing in particular is the negative face of the crime of sharing and transmitting information through social networking sites, other than the positive aspect of spreading culture, knowledge and social networking, and has created a legal problem in punitive legislation that has not been confined to a special law. For electronic publishing offences, as in the Iraqi penal system, which requires the intervention of the judiciary to adapt the penal texts and find practical solution to conflicts of jurisdictions between the courts and determine the competent court in the consideration of such crimes.

In the final stage of trading stocks between investors, some problems may arise at one of the procedural stages to settle market operations, disputes that occur regarding stocks do not fall under an inventory, some arise between the Capital Market Authority and its dealers, others erupt among the members of the market themselves, or between them and the dealers, it is rare for disputes between dealers to occur with each other, each one of them knows only the stock broker who assigned him the process of buying and selling, so the dispute that arises about the delivery of sold stocks or the fulfillment of their price, or the integrity of the stocks subject to the deal between the investor and the broker or intermediaries between themselves. These disputes in all of their forms must be settled either by the judiciary or by alternative means to settle disputes in the stock market, up to the final settlement of the stock market operations, so we will try in this research to shed light on the role of judiciary in settling the stock market disputes in the first demand while The second is to talk about the role of friendly means in settling stock market disputes. Finally we will talk in the third request about the role of arbitration in settling stock market disputes

The aim of the research is to show the importance of the geostrategic and geopolitical location of the Middle Asia republics and to highlight the importance of the geo-economic factor in this region as well as the reasons and motives that call on the regional and international powers to compete with these republics .
The research is based on the hypothesis that (the geostrategic, geopolitical, and geo-economic location has a clear role and a great influence on increasing the regional and international competition on the Middle Asia Republics) .
The research is also based on the descriptive historical approach based on historical facts and events , and on the systematic analysis method to study and analyze the reasons and motives behind the regional and international powers to compete with these modern independence Middle Asia Republics.

Perhaps one of the most important liberties expressed in the existence of man kind is personal freedom, as the basis of all freedoms which has occupied the forefront of legal thought in various systems. Since personal freedom is the foundation of all freedoms, its importance seems great. The individual's personal freedom represents developing self-realization through the self-automatic activity to become a human nature that gives it a respectable value, and makes it far from attack and blame, especially from representatives of power. It is therefore necessary to live in dignity. The State guarantees the maintenance of the freedoms of individuals against any activity that can be detracted from them, and tightening punishment if those who detract the freedoms are representatives of the Authority, whose task is to protect and preserve freedoms.

The Constitution of the Republic of Iraq issued in 2005 has guaranteed the right to travel and move inside or outside Iraq. No one may deny this right, but this general constitutional rule has an exception, it is not absolute in cases where persons are wanted to stand before courts. They may be sued by others under the civil action, or have committed criminal acts and escaped from to justice under the criminal action. Accordingly, this requires not to travel to ensure that they are complied with as required by law as a precautionary procedure. This is to ensure that the defendant of the civil or criminal case is not going to escape. This prohibition of travel must be balanced between the restrictions on freedom of movement and the non-violation of public freedoms guaranteed by the Constitution and the law. The prohibition of travel must be based on a text in the law and issued by a competent authority to prevent infringements of freedoms. In addition to remove the damage caused by the wrong decision to prevent travel, which this research is about to reveal .

There is no doubt that the rights and freedoms, including the right of privacy, have been adopted by the constitutions of most countries and have been adopted in the past by international conventions and charters due to being close to human beings. The Constitution of Iraq came into force in 2005 to follow this approach. Article 17 states that "Everyone has the right of privacy, not contrary to the rights of others and public morals, and inviolability of houses is protected. Article 40 provides that "Freedom of communications, correspondences, telephoneic, electronic. and other communications shall be guaranteed, and may not be monitored, intercepted, or disclosed except for legal and security necessity and by judicial decision", with full guarantees of these rights, Constitutional and administrative, which is to restrict the courts of different types and degrees to establish judicial principles that guarantee the right to privacy, affecting reality through the decisions issued by each case.

It is the reluctance of some people to write and investigate subjects related to the hadith, meaning not to pay attention to the Prophet’s Sunnah as a legislative source as much as they adhere to the sayings of the jurists. Honest.

The idea of purpose in the Procedures Code is one of the most important ideas in the field of procedural legislative instruments, which will soften the effect of judicial proceedings that do not conform to the legally defined model.
In order for these procedures not to include nullification, the procedural legislation has stressed the need to legitimize the wrong procedures if the purpose is achieved, because the procedures are found to serve the substantive rights, the violation of these procedures should not cause the loss of substantive rights.
Therefore, the idea of purpose is one of the effective means to reduce the seriousness of the principle of formality of procedures in judicial work, and the pursuit of effective Procedures apart from rigid unproductive frameworks .

Analytical and inferential study on the general principles of international private law on the structure of the Iraqi legal system
The Iraqi civil code provides that " if there is not any provision (in this code) ....." This provision opens the door for the following prepositions-
1) the Iraqi legislature and even the comparative oneadmits the possibility of legislative vacuum through the phrase (if there is not any provision (in this code).....
2) the legislative vacuum is not only restricted to the vacuum in the enactment but also possible in the other resources of law i.e the legislation, custom, the principles of Islamic jurisprudence and the norms of justice.
3) the legislative vacuum may be stemmed from the policy of the Iraqi legislative of adopting western law which may compatible with its western environment may contradict totally with the Iraqi social and economical environment.
4) the constitutional provision that " Islam is the source of legislation " may sometimes has no applicable realities.
5) the art of coining the legislative rules may be one of the factors that may lead to legislative vacuum by dividing the legal rules into flexible and inflexible rules , since the latter leaves no space to the judge in its application.