Journal of college of Law for Legal and Political Sciences

Facing the outbreak of the Coronavirus that appeared in China at the end of last year, the administration and represented by the state had to intervene by taking quick and effective preventive measures and providing the necessary health care to citizens, to limit the spread of this epidemic that has become threatening the entire world, even if that restricts One of their freedoms that are guaranteed by the constitution and various international declarations and covenants. The administration assumes many and varied burdens within the framework of the exercise of its activities, and administrative control is one of the most important of these activities, and because it is a preventive system in the first place, it aims to preserve public order and protect basic rights and freedoms under normal or exceptional circumstances, not only at home, but also extending its impact abroad. Through international health cooperation to combat this virus, and therefore the state is obligated to intervene to control and combat everything that affects the public order, whether public security, public peace or public health is not only internally and also grows internationally.

The contractor with the administration، on the occasion of the implementation of the administrative contract، may be exposed to some circumstances that were not taken into account when the contract was concluded، which would add additional burdens that weigh on him، which requires the contracting administration’s intervention to create what is known as the financial balance of the administrative contract، and the aim of that intervention is to create a balance Among the burdens incurred by the contractor with the administration and the benefits that he enjoys، by compensating him based on certain conditions and theories، even if there is no mistake on the part of the administration.
She also clarified through this research that the idea of emergency conditions in Islamic jurisprudence and positive law also deduced similarities and differences between Islamic jurisprudence and civil law in terms of the concept and controls of the emergency circumstance in both، and clarified the concept of emergency circumstance، and the pandemic of our ancient jurists، and the extent of the legitimacy of the situation The pandemic، the consideration of the excuse، and the difference between the jurists between a permissible، and a barrier to considering them as having an impact on the obligation of the contract، and also showed the effect of considering the emergency conditions، and the pandemic، the continuation of implementation or compensation، so that the damage is lifted from the affected party، and since the situation that we live in Y Pandemic Corona

Countries and governments, including Iraq, often face sudden and sudden crises that result in negative effects, threatening stability and destabilizing societal security such as terrorist operations, security, political and economic crises, civil disobedience, and the general epidemic, and crises such as security, health and other services. Whereas the caretaker government is a government with limited powers to conduct regular daily matters, the administrative decisions that it makes, and material and legal measures under exceptional circumstances, are only in response to the duty to maintain public order. The decisions and measures that are taken must be Subject to the provisions of the law.

In December 2019, the first case of a new virus COVID-19 (SARS-CoV-2), called Coronavirus, was reported in Wuhan, China. At that time, almost no one paid any attention to him. However, the new pathogen proved to be highly infectious and dangerous, resulting in about 3-5% death. Over the next few months, the coronavirus spread around the world. In mid-April, the total number of infections is rapidly approaching the psychological threshold of two and a half million, which has so far resulted in one hundred and thirty-five thousand deaths. Given the large number of lives already lost and the potential for the virus to spread, and given its significant public impact on economies and societies, it is widely recognized that the coronavirus poses the greatest challenge to humanity after World War II. But in this paper, the author will discuss the impact of the new virus on the economic situation of countries as well as the social situation after forcing people around the world to stay at home, which is useful in reducing infection.

Infectious diseases are among the most prominent challenges facing the world today, as they leave harmful effects on public health, whether internally or across borders, and cause deaths since the beginning of human history. The world has witnessed many crises caused by these diseases in the past, which necessitated Uniting international efforts to combat these diseases, whether current or future, and despite the fact that the international custom is a source of international health measures in this regard, international agreements are the main historical source for combating infectious diseases, so several agreements have emerged after several conferences were held initially From the year 1851, which witnessed the first conference To combat infectious diseases, then international agreements came after, until that they culminated in the issuance of the International Health Regulations in 2005 after being subject to the amendments.low or middle income countries among the countries most affected by infectious diseases and their different health and economic effects. Therefore, international health documents give these countries special attention by providing assistance in diagnosis and treatment.

Corona pandemic is a global pandemic according to the world health organization and most of the life facilities stopped. Because of most countries declared a state of general emergency. There is no doubt about it. This pandemic has disrupted most of economic areas commercial and SOA. The internal and external contracts have been affected. We will explain that effect on the international contracts, But first we must know the legal adjustment and the appropriate for it .we have considered the pandemic as a force majeure it makes commitment impossible.so the commitment ends or an emergency makes the commitment is very difficult to the party which its bound. Accordingly ,the competent judge intervenes, who the rules of jurisdiction indicated or the arbitrator chosen by the two parties to amend the obligations of both sides and make it reasonable extent.

From time to time, the human family is exposed to disasters and calamities, which may be due to nature, such as volcanoes, earthquakes, floods, locusts and other creatures harnessing, and it may be due to humans, such as wars with various types of conventional weapons or of mass destruction such as nuclear, hydrogen, biological, etc.and economic war in its various forms as well, and it may be due to the spread of Epidemics and diseases, and perhaps other things that do not occur to anyone's mind, so what is the position of Sharia on these calamities?

This research sheds light on the right to health, especially after the health crisis caused by the spread of the new Corona virus, which had a great impact on highlighting its importance and taking care of it and the need to provide legal protection for it, whether including those protections established in international conventions, national constitutions, or regular and subsidiary legislation, after That the existence of mankind, but the global existence, has become threatened by this virus, especially after its widespread spread in all countries of the world and its killing of hundreds of thousands of people and its continuing to reap the lives of human beings without distinguishing between the rich and the poor and between belonging to a developing country and a developed country, which makes those legal rules that provide protection in This matter is at stake, and puts it on the discussion table and presents it for criticism and analysis, especially since there are no signs on the horizon for the ebb and flow of this disease, so the discovery of a treatment and a vaccine for it from health and research institutions is still uncertain until now.

International human rights law provides an appropriate and binding framework to help governments move quickly by providing the required support for human rights in response to the public health crisis caused by the outbreak of the Covid-19 pandemic . Consequently, the question arises about what international standards are applicable in this context , and how is it possible to protect the health of individuals and ensure the enjoyment of the right to health care? What is the international and national protection of the health of individuals? In addition, this research paper reviewed the economic and social consequences of the pandemic as a result of the strict measures taken by countries to combat this pandemic.

We discussed in this research the topic "Corona pandemic between influencing civil contractual obligations and fundamental guarantees of international humanitarian law during pandemics", and the research was divided into two requirements, where we knew this pandemic, and we explained its damages, and we determined the extent to which the theorems of emergency conditions and the force majeure apply to the Corona pandemic in its impact On contractual obligations, in the first requirement. As for the second requirement, we dealt with the basic guarantees of international humanitarian law during the Corona pandemic, as we outlined the needs of health professionals during the pandemic, as well as the needs of salt societies for water and humanitarian relief, and strengthening protection for people at risk in particular, detainees, internally displaced persons, migrants, and students Asylum and refugees, children and education, the sanctions regime and other restrictive measures.In the conclusion, we discussed the most important conclusions and proposals in this regard.

The Corona pandemic that the world is going through, including our dear country, has great economic, social and political implications, especially with regard to the aspect of restricting public rights and freedoms that citizens should enjoy. Therefore, state authorities should have followed the constitutional methods to confront this pandemic and cross the country to the shore of safety, Therefore, in our research we have dealt with the study of the theory of emergency conditions and how it is regulated by the Iraqi constitution of 2005 in force, as the declaration of a state of emergency is in turn linked to the emergence of a state of necessity or exceptional circumstances and the consequent redistribution of powers and powers stipulated in the constitution in favor of the executive authority, since The emergence of exceptional circumstances sometimes lead to disrupting the provisions of the constitution and increasing the powers of the executive authority, as well as placing restrictions on the rights and public freedoms stipulated in the constitution, and the order to defend national safety was initiated in a hurry from its order and joined a single case that Iraq went through and we have shown it above. Therefore, if a danger occurs due to something other than the state of violence, such as the spread of the Corona epidemic, the executive authority will be obliged to declare a state of emergency according to the law N National Safety No. (4) for the year 1965, especially since this law did not stipulate the National Safety Order No. (1) for the year 2004 to cancel it, which means that it is in place, and thus it is noticed that the National Safety Order No. (1) of 2004 is not the only emergency law. In Iraq, there is even another law with it, which is the National Safety Law No. (4) for the year 1965, and we also discussed the constitutionality of the decisions issued by the Council of Ministers regarding the formation of the Crisis Cell Committee and the Supreme Committee for National Health and Safety, as well as the constitutionality of the National Safety Law No. (4) For the year 1965 and the National Safety Defense Order No. (1) for the year 2004, and we found that it does not comply with the constitution, so we asked to challenge its constitutionality

In order to reduce the spread of the Corona virus and to minimize the negative effects of it, the role of penal law must be activated against those who transmit HIV infection. In addition, the means of intimidation must be activated for those who violate orders or instructions at times. The study highlights the fact that, in the case of the United States, the United States is not the only country that is not a country that is not the only country to be able to do so The crime of intentionally spreading the virus of Corona and the crime of mistake in spreading the virus of Corona. It also violates preventive legal measures to reduce the epidemic.

The research revolves around the role of the World Health Organization in confronting Covid-19 by stating the principles and objectives of the organization, and the mechanism that it follows in this confrontation at the three levels represented by basic health services, reporting and surveillance. The research evaluated this role especially the organization was questioning its ability to exercise Its role towards this epidemic, arriving a conclusion explaining the reasons for the organization’s weakness and recommending strengthening its role by political independence, increasing its funding by developing countries so that they are not at the mercy of the major countries, as well as the possibility of moving its headquarters outside Europe.

Coronavirus poses a serious threat to public health and on a global level before it was local, and which produced effects at all levels, these effects need special legal treatment with regard to contractual obligations that have become blown by the wind and because of this virus has incurred contractors, whether they are persons or companies Big losses; Because of their inability to fulfill their contractual obligations, which has raised significant legal problems with severe costs and losses, which legally brings us under the clause of force majeure and emergency circumstances that have a direct negative impact on the implementation of contractual obligations; The fact that the Corona pandemic, according to the legal perspective, is considered something outside the control of the contractors, so that it cannot be expected or pushed. Here comes the role of the trial judge in amending the contract in a way that restores the previous balance of the contractors

It is impossible to talk about legislation or a body in itself that includes an integrated system to combat corruption in any country. Rather, there must be a legislative and institutional system based on a constitutional basis in accomplishing these tasks, as the phenomenon of corruption poses a great challenge in many societies because of its damages represented in increasing the cost of Public service, mismanagement, dissipation of its fairness, and wasting the principle of equal opportunities, which negatively affects the values of social justice and the political aspect as well as human rights.To combat this phenomenon, the United Nations Convention against Financial and Administrative Corruption was concluded at the international level in 2003, whereby this agreement represents a comprehensive strategy to combat corruption, as it depends on legislative and administrative mechanisms, and it works on a mechanism to keep up with implementation and works on a type of judicial cooperation between the states parties The fact that fighting corruption is no longer a national matter, but international efforts must also be required and also requires strong political will backed by popular will, which includes building a counter system that promotes the values and principles of integrity, transparency and accountability through a comprehensive preventive strategy in which all parties in Iraqi society participate, as it is a necessity to move from Postponing serious work in combating corruption within an open framework within which all official and popular efforts and civil society institutions come together, and broad powers have been granted in order to achieve their goals, the most dangerous of which are criminal characteristics that relate to conducting investigations into crimes of government corruption.