Basra studies journal

In summary, we show that the civil liability lawsuit arising form the publication of the judicial ruling represents of the judicial ruling can refer to the official and this lawsuit must be filed by the plaintiff and we found that the plaintiff may be a number of persons in the case of multiple affected person that publishes the judicial ruling. These persons may be intransigent as a result of the multiplicity of the judicial ruling person or in the event that the harm extends to other persons such as the newspaper or the magazine that publishes the judicial ruling, as it became clear to us that the civil may be a legal person when the published judicial ruling relates to a legal to a legal person such as companies the publication of the ruling related to its commercial activity may cause damages arising form the disclosure of its commercial secrets, and since the lawsuit is a means of returning the rights to its owners. It must be filed in the face of those who deny the right of the plaintiff, and we found that the latter could be a group of person, which makes them jointly pay the damaged compensation lawsuit must be filed before the competent court, unless this results in its nullity, In front of the court of first Instance, but nevertheless, the jurisdiction may sometimes be held by the court, of appeal the cassation court or the labor court, and in order for the civil to be able to file a lawsuit before the court, the person affected by the publishing process must file it before the expiry of the prescribed period of limitation or forfeiture he own fall which prevents the injured from being entitled to compensation.

This research reviews the crime of electronic blackmail, which has become a form of cybercrime that penetrates society and threatens its foundations, as well as strikes at the killing of its most important goals that it seeks to achieve security for its members, and to preserve the family and society in general.
Perhaps the essence and basis of the criminalization of electronic extortion is because it contains threats and pressures on the will of the victim, to carry out actions that he would not have performed if his will were free, whether those acts were legitimate or unlawful. This is what called some foreign and Arab countries to expedite the criminalization of this phenomenon, whether by stipulating it in laws specific to cybercrime, or by amending their traditional texts and including them in criminalizing electronic extortion.

Transparency is one of the most effective legal rules that draw frameworks for good governance, by providing the information necessary to align the best rational decisions, and building a policy characterized by solving community problems in any of the countries, as it is not good to use the available information. Also, it contributes to the functioning of the executive in earnest righteousness and preventing it from abuse of power and violation of individual rights and freedoms.
Its importance stems from its great role in providing information to individuals about the work of the executive authority in all its details, especially by issuing regulations and instructions and drawing general policy in the country, and it contributes to activating all kinds of oversight of the work of the executive authority
The research problem lies in several questions, including whether the constitutional legislator adopted the rule of transparency as a basis for good governance, especially by issuing regulations and instructions and drawing general policy in the country, and what is the position of the Iraqi constitutional legislator from that compared to the countries under comparison in the research under study.

Good governance is one of the concepts that emerged at the end of the eighties of the last century, and its concept developed over time and shifted from the priorities of governance that aim to increase economic efficiency and growth to governance policies and institutions that enhance citizen participation in decision-making, fighting corruption and encourage transparency and control, and assistance To recognize the difference within the multiple societies that a nation's people embrace.

With the aim of organizing judicial oversight on the work of the administration. States have turned to two directions, they have gone to adopt the unified judiciary, and others to adopt the dual judiciary, so the jurisdiction and jurisdiction of each court has been determined according to the judicial system followed. While, jurisdiction is considered a criterion for the authority granted by law to a court, and in the type of certain cases, and within certain limits. It was obligatory not to exceed them, and not to consider the judicial ruling issued by it invalid for violating the provisions of the law, and based on this, the competencies of the administrative judiciary bodies in the comparative countries, both France and Egypt, are not absolute, but rather restricted. There are many exceptions to them, as Exceptions that fall outside the jurisdiction of the administrative judiciary in Iraq still include in its bracket a large number of administrative decisions and orders that the legislator has specified a special reference for grievance, objection, or appeal. Categories of persons and employees are disadvantaged and deprive them of the right to sue and challenge administrative decisions and orders issued against them by the administration. This contradicts the principle of justice and the principle of the right to litigation and constitutes a clear constitutional and legal violation.

The protection of the right to health in general and in the event of the spread of epidemics in particular is one of the most important international obligations during that period. As, the state has the responsibility of protecting the human ‘a health by taking all necessary treatments and vaccines during that period, which is represented by providing health care and providing effective treatments and vaccines. In addition the state has presumed all necessary processes that contribute to limiting the spread of epidemics.
Therefore, we wanted to clarify the state’s obligations when epidemics spread .We divide the research into two demands. We explained in the first requirement the state’s health obligations when epidemics spread, while we devoted the second requirement to explain the state’s international obligations to protect other rights. Epidemics are not limited to protecting the right to health, but in return for that the state has obligations related to the protection of other human rights during that key words ;

Since human rights and public freedoms are stipulated in the constitutional document, this means giving special preference to them, as they are excellent rights that transcend any legislation or law that contradicts them being perpetrated by acts and actions that violate the rights and freedoms of individuals is a real guarantee for them the guarantees stipulated in constitutions and laws are considered important guarantees, especially in exceptional circumstances that require placing restrictions on public freedoms in order to maintain public order.
Given that the idea of public order, which is the primary goal of the authority, hears many meanings and is flexible and changes from time to time and from place to place, this allows the authority, represented by administrative control bodies, to abuse power under the pretext of maintaining public order, and there is no way to push this risk to public freedoms Only by creating effective guarantees.

After we explained what the referral is (as attribution in foreign law with rules the attribution in the national judge’s law, and the referral may appear in particular when the law assigned to it refers jurisdiction to the law of a third country and so on) and we have explained the legal basis for the referral as it is either an authorization or a solution
Back up, with a statement of the most important criticisms that were directed at both views, as they are
They are based on the assumption that there is no vicious circle between the law of the national judge and the foreign law until the coming of the French jurist (Pete Fool) who said that the international nature of the relations regulated by the private international law obfuscates the link between these relations with more than one law, and accordingly it is not correct to dissolve. The dispute is through the national attribution rules only, because that is considered a disregard for the attribution rules in the law of the judge in his jurisdiction. However, the jurisprudence did not succeed in establishing a true jurisprudential basis for the rules of chain of transmission, with some of them referring to a specific law to resolve the conflict tinged with a foreign element. Iraqi law did not accept the referral theory, and if it accepted it in certain aspects, it rejected it in other aspects. Although the legal jurists recognized the referral. They excluded two cases in which it is not permissible to accept the referral of any kind, namely the case of adopting the law of the will of the contractors, and the case of subjecting the form of behavior to the law of the country of its conclusion.

Deprivation of nationality is one of the matter because it deals with the foreigner and what consequences of foreigner’s rights and what the effects which exceed him to reach to his wife children. Iraqi nationality law no.26 of 2006 includes provisions which is different from cancelled provisions of nationality law no.43 of 1963 and it also different from provisions of Egyptian nationality law.
According to Iraqi nationality law in force, Iraqi nationality is derived from naturalization person if it is approved that s/he wants to or try to do any hazard action against the government and affecting on safety and security of the government or s/he provides incorrect information about him or about his family to get Iraqi nationality. Iraqi nationality is deprived after issuing judicial decision against her/ him.

Recently, using other means to settle the disputes becomes vital matter for achieve requirements of the modern businesses and keeping up the development of the societies and increasing commercial exchanges and business contracts which occur in the internet networks. There are many disputes arias during activities mentioned above and the judicial courts becomes unable to find required settlements signally. Continuous developments in the trade and services makes complexity in the transactions, and it becomes important to put settlements for all disputes. There is a need to put legal regulations to settle all disputes quickly, equally and actively, as well as, to give disputers flexibility to settle the disputes by themselves.
Now, electronic attributions occur to be one of substitution mean for settlement. It can be said electronic attributions are the most successful substitution mean to settle all disputes arias from electronic trades and during this research, it is discussed procedural framework of electronic attribution. It will be shown what is electronic attribution? And what are subjective and objective conditions for making attribution agreement? The research also includes procedural rules of electronic attribution

The study seeks to shed light on the effectiveness of non-judicial methods in settling administrative contract disputes since two main methods were chosen. The first (administrative grievance) and its role in resolving controversial issues between the parties to the administrative contract at its inception and before its development and direction the judicial way in addition to that method (arbitration) as it is one of the oldest methods that was used to settle all commercial, financial and administrative issues and the extent of effectiveness that it enjoys in resolving administrative contract disputes, and the research has reached a number of results as follows:-
1-Taking the (administrative grievance) path with the aim of settling administrative contract disputes, although it is considered the easiest and fastest way for the second party, is considered to have limited effectiveness since the administration, which is the first party, is the arbiter and the opponent at the same time.
2- The effectiveness of the (arbitration) method, as it is one of the alternative methods in settling administrative contract disputes, as it is mainly based on the freedom of the parties to the conflict to resort to. And the speed of the settlement despite its need for more regulation and regulation and its coverage of broader issues. 3- The Iraqi legislature did not regulate the method of (arbitration) in a manner. Independent in special legislation, as it is an important non-judicial means aimed at settling administrative contract disputes in an easier and faster way and relieves the burden on the shoulders of the specialized judiciary.