AL-Qadisiya Journal

The subject of the study discusses the nature of civil liability that exists between the parties to the contract after its expiration, implementation or expiry of the period. But not every responsibility that occurs during this period falls within the scope of research, but rather it must be related to the contract. This is when some obligations arise from the contract, but they do not expire with the expiration of this contract, but rather continue for another period of time after it. These obligations arise either by agreement of the parties on them, armed with their contractual freedom that the law grants them, so these obligations are subject to the rule (the contract is the Sharia of the contractors), or it is stipulated by the law within the provisions of the contract and they fall within its scope as it is considered one of its requirements. The jurisprudence differed about the nature of this responsibility, as there was a tendency to say that this responsibility is default; Because contractual liability is limited to the period between the inception of the contract and its expiration. Whereas, another trend in jurisprudence goes to the opposite of what the first opinion is, by saying that the termination of the contract does not mean the expiration of everything with it, and therefore the responsibility subsequent to the expiration of the contract is contractual as long as the obligation that led to the breach of its establishment arose from the contract. After discussing and evaluating the arguments of both parties, it appeared to us that the most accurate opinion is the opinion of the contractual nature, and this is what we adopted.

the framework contract in the broad sense the contract group includes the initial framework contract and application contracts, and these contracts are frequently concluded in economic, industrial and commercial projects, and its conclusion is common due to the need of the parties to the contract to achieve certain objectives, including ensuring the speed and ease of completion of transactions, and because the initial framework contract is agreed upon certain rules that are made Taking them into account during the conclusion of applied contracts, and several legal issues arise in the conclusion and implementation of these applied contracts.

Nationality is defined as a legal and political bond between a person and a state, and accordingly the person has a new legal status in relation to the state whose nationality he acquired, resulting in a set of effects that are taken preceded by his consideration as a national, and he is matched by those who do not enjoy the state’s nationality, who is a foreigner, and this distinction is of great importance that is reflected in At the international and domestic levels, in terms of rights and duties, the patriot shall have the right to enjoy political rights, enter the state’s territory, leave it and reside in it without having, in principle, deport him from it, and the right to enjoy the protection of his country's representatives abroad, and he alone must perform military service and pay some financial costs.
And if nationality is the main means of differentiation between a national and a foreigner, then does the mere acquisition of it mean that the person who acquired it becomes the legal status of the patriot on the same footing as other patriots born of two parents, a national father or a national mother, or those who acquired it a certain time ago?
Jurisprudence and legislation prevail in two directions, one of which is likely to go to a full settlement between the national and the person who acquires the nationality once it is acquired from that Article (8) of the repealed Egyptian Nationality Law No. (19) of 1929 which states that (naturalization entitles the holder to the status of Egyptian nationality) and the negatives There is a lot to do with this trend, as the current Egyptian nationality law has been revoked. He also adopted this trend as a general rule, paragraph (first) of Article (9) of the current Iraqi Nationality Law.
Whereas, the most likely trend, in jurisprudence and legally, is that the state is an organized group of people who belong to it, by the blood bond by birth to a father or to parents who carry their nationality, or by the birth bond on its region, or by both, and according to certain conditions. As a guardian of it, he has some rights and some duties, but he does not enjoy the rights and duties enjoyed by the original patriot once he acquires the nationality of the state.
For the purpose of finding out the legal status of the acquirer of Iraqi nationality, the rights he enjoys, what these rights are and how to enjoy them, and the duties that he has in accordance with the current Iraqi nationality law, the extent of the rightness of the Iraqi legislator, its consistency with other Arab legislations, and distinguishing it between those who acquired Iraqi nationality Not treating them equally, not referring to some sects of those who acquired Iraqi nationality in this field, and the inconsistency of some provisions of Iraqi nationality in this area with the Iraqi constitution, and the failure to address this issue with study despite its great importance due to its attachment to the rights and duties of the most important element of the state, which is the people. Which prompted us to address it with an original analytical study.
We have decided to study it in two studies, the first of which is devoted to the individual legal effects of acquiring Iraqi nationality, and we examine the extent to which the acquisition of Iraqi nationality enjoys rights and political obligations and civil rights and obligations in two applications. We singled out the second topic to study the collective legal effects of acquiring Iraqi nationality, and in it we deal with the effect of one of the spouses’s acquisition of Iraqi nationality on the nationality of the other spouse, and the acquisition of Iraqi nationality by children who are not of adulthood according to their father in two demands as well. We conclude our study with a conclusion, which we will include the most important results and proposals ... God is the Grantor of success

The coordination between restricted regional territoriality intellectual property rights and global access to Internet activities has gained widespread attention in recent years. As the responsibility of internet intermediaries, which offer global services, is likely to facilitate attacks on intellectual property rights by others in multiple countries, which poses a particular challenge in the area of matters of Private International Law in general and conflict laws in particular. At the level of substantive law, there are still differences between the judiciary with regard to the secondary responsibility for infringing electronic intellectual property and the provisions of safe havens for Internet brokers. This research will discuss aspects of conflict of laws for the liability of Internet brokers in light of recent international efforts to adopt legal rules that apply to intellectual property and private international law

Quite a number of states have proceeded promoting programs for granting citizenship on economic grounds, which varied between investment, real estate, or financial, or based on scientific or financial Competencies, as well as the countries aimed at attracting individuals with technical, sports, cultural, and other competencies. It enriches the economic impact of countries, which enrich the economic impact of states.
The Countries have enacted different standards to meet the need of each country for grant citizenship on an economic basis, and these countries have depends on established principles from international law, on top of them, which is the principle of state sovereignty, which generates a group of principles that entitle states to the exclusive authority to regulate the provisions of its citizenship, and equals each country in terms of the amount of sovereignty, Thus, it reveals of the principle of proportionality to sovereignty. Which requires the obligation of states to recognize the economic nationality of a state, as long as it is accompanied by the existence of real links between the person and the state, and organized in accordance with its internal legislation within the framework of the public interest.
Consistent with the subject of research, which is economic citizenship,
The study will focus on the legal basis for economic citizenship programs, and the legitimacy of those foundations in two demands, the first will be held to state international right, and the second to focus on the legislative basis governing the granting of economic citizenship.

The study examines a topic of importance in practical life and has a direct and significant impact related closely to the author’s literary and financial rights. Accordingly, and in order to achieve this purpose, the legislator granted the author the authority to ensure that he supports that right in a way that keeps pace with the contemporary technical and technological age, so he is authorized to protect his work from Through the use of technical protection methods represented by encryption techniques, jamming and other electronic deterrence methods to be side by side with legal protection and work to reinforce them in the face of attacks and electronic piracy operations, which took another dimension, which began to spread around the world thanks to the Internet.
However, the goals that prompted the legislator to decide on technical protection in addition to legal protection did not achieve what was desired from them, given that they are slow to develop compared to the speed of the current age of technology and the emergence of the Internet, which made it difficult, if not to say, impossible to control all forms of attacks or operations Piracy focused on the intellectual products of the authors, as well as the development of decoding and technical protection programs steadily with the capacity of their use and spread, and therefore national legislation and international agreements sought to hold the stick in the middle in an attempt to balance between copyright and the need to protect it and the technical and technological reality represented by the Internet and ease Access and access to mental productions in all its forms and in different parts of the world for a short period of time, so I intended to include texts in its laws that included a set of restrictions on the rights of authors that allow others - the recipient of that work - to perform a set of works that basically constitute a violation of the author's literary and financial rights، Such as displaying the work in certain forums and obtaining a special copy of it or studying it, and so on from other works through which legislation sought To expand the opportunities for supplying the fruits of the human mind in support of the scientific movement and to ensure its durability and continuity to form the other side of copyright .
The latter sparked a wide jurisprudential debate about stating its legal nature. One aspect of jurisprudence went towards considering it tolerance by the author, while the other side went towards considering it a legal exception that responds to copyright, while another side adapts it as being up to the rank of a right of others over the work, so that we will be Thus, regarding two opposing rights over the same work, one of which is the copyright itself over his work with the literary and material powers that it authorizes, and another right represented by the right of the recipient of that work, that is, others. Undoubtedly, this convergence of powers will lead to a practical conflict between each of the two sides, and this leads to the question On the most likely side of them, so we try in this study to present this topic with a kind of correspondence between copyright and the powers of others by reviewing those powers that the law has delegated to others and what is the purpose that prompted the legislator to decide those powers, then explaining their legal nature and the standard followed for the budget or weighting Between her and copyright .

The impact of the spread of the Coronavirus, directly or indirectly, on various areas of life, including services provided by government institutions, including the judiciary facility, as the interruption of courts to consider the case hindered the rights of litigants and their opponents. As a result, the interests were negatively affected, and in the same context the work of the courts was affected by the accumulation of cases and legal problems related to appeals in judicial decisions and others. Accordingly, the circumstances that accompanied the spread of the Corona virus showed the importance of electronic litigation as a successful solution in avoiding many of the obstacles and problems associated with the traditional sense of litigation, so it was necessary to highlight the concept of electronic litigation, the importance and requirements as an urgent and important necessity in the era of speed and technological development witnessed by the world..

Islamic legislation regulates transactions, whether they are at the individual level or at the social level, as an integrated economic approach, in which it defines the foundations and pillars on which these transactions are built, as Islamic law has laid out general lines that can approach a humane approach based on deduction from legislation.
Among the results of the research:
• That the investment can be divided in terms of the goal on which it is based into two main parts:
• The first: What is a project and a concern called positive investment.
• The second: What is not legitimate in the view of Islamic law, and we can call it negative investment or usury, or what is expressed in usury or usurious interest, which is one of the things that the Holy Street forbade.
• It is difficult to find a definition of investment in its wording, in Islamic jurisprudence, but it is noticeable that the jurists used it in the sense of development and profitability in commercial matters in all transactions
• One of the foundations of Islamic investment is that it has a dual purpose in which it cares for both the material and moral sides.

The medical secret is closely related to private life, as it represents an aspect of personal freedom. Concealment of a medical secret is a duty imposed by the beginning of the rules of religion and its assumptions, the rules of morality and the principles of honor and honesty, and people have been accustomed since ancient times to work according to these rules in the conduct of their business, and most of these rules are of an ethical nature And on the basis of every professional activity related to the so-called ethics of the profession, and among these professions we find the medical profession, which is considered a human profession, and it is considered one of the difficult professions due to direct contact between the doctor and the patient, and therefore they must conceal the patient’s secret, because it is one of the personal rights of the latter, and therefore this Disclosure entails a responsibility within the scope of civil law that falls on the shoulders of the trustee of the secret, and this responsibility must have a legal basis, as the responsibility does not come from the void of this basis. Civil jurisprudence is divided in it, as we will see on two points. First, he said that the civil liability of the doctor is based on the existence of an agreement that elevates To the level of the contract between the doctor and his patient, and therefore the breach of this agreement leads to the rise of responsibility for the two decades, while the second trend was directed in another direction, which is that the doctor’s responsibility is not to disclose - The secret of his patients is based on a legal obligation given by the rules of public order and therefore it is an absolute obligation that cannot be agreed upon otherwise, and this implies that in the event that the medical secret is disclosed by the doctor or whoever is authorized to keep the medical secret, he shall be responsible for default and in all cases, this Liability has implications that are embodied in the advancement of the civil liability lawsuit, and the latter will bear compensation

The communication way between the two types of insurances personal and real is \" the real guaranty \'\', it is from one side guaranty ( so it has a personal feature ) , and from another side real ( so it has a real feature )So we said that it’s the communication way. It is known that the money which is the object of real insurance , may be presented by the debtor itself , and this is the general rule , or presented by another which is named in this case ( real guarantee ) who ensures the reimbursement of the debt which he guaranteed by that money , and the creditor enjoys the real right dedicated for him on the money of the real guarantee , and he has the advantages that he would have had if the real insurance was presented by the debtor ; as priority and following this money , so real guaranty make us away from the principal of equality between creditors , so the simplest definition for real guaranty is considering it as a mortgage presented by others not by the debtor .

International contracts are among the contracts in which time is a fundamental element, and there is no difference in that as to whether those contracts are continuous or immediate implementation, and this time extension may lead to the emergence of some disputes or disputes between the contracting parties, especially if the concluded contract is an international commercial contract The desire of the parties to the contract to choose the mechanism through which disputes will be resolved, and to choose a method that avoids long and complex procedures, as well as reducing expenses, is not hidden.
Here, the will of the parties to the contract emerges, for the will is the basis for determining the mechanism for resolving the conflict and choosing the law to be applied to it, which may be a national or international law, taking into account the specific restrictions on the law
action of the will represented by public order and not to circumvent the provisions of the law.
It is known that the arbitrators who are parties to international contracts are free to settle their international disputes, and this freedom begins from excluding the national judiciary and into many dimensions that reach to choose a law that is appropriate and compatible for all parties, but this release is limited by many considerations. The explicit will of the parties to the conflict, indicating the explicit willpower in choosing the applicable law.

The Corona pandemic is one of the epidemics and severe diseases that have claimed many lives, which prompted countries of the world to impose precautionary and preventive measures that prevent movement and movement at times and restrict dealing and communication at other times, which disrupted some vital economic areas in exchange for the growth and recovery of other areas, and this is what happened with electronic commerce The doors were opened with its death in front of it, so I prepared the best solution for conducting transactions and conducting transactions between people, but this trade did not provide fertile legislative ground for it yet, which prompted us to research the legal implications of electronic commerce in light of the Corona pandemic by examining the research on two topics we address in the first The concept of electronic commerce and in the second, the impact of the Corona pandemic on electronic commerce.

Each State has the freedom to regulate the treatment of aliens on its territory in accordance with its social, economic and political interests. States therefore differentiate between foreigners and nationalities in respect of the rights that enjoy and the duties that are left However, some foreigners receive special treatment as a result of the agreements their countries make with the host country in order to obtain the best treatment that a foreigner can receive in a country of which he does not belong However, some foreigners receive special treatment without receiving their foreign counterparts as a result of the special status they undergo as stateless persons and refugees, such as the Palestinian people, which requires special treatment in accordance with the conditions they undergo. This includes the decision of the dissolved Revolutionary Command Council No. 202, With the Iraqis in terms of privileges and benefits except the issue of nationality, as this is prohibited by law based on the decision of the Arab League, which perverted this issue in order not to melt the Palestinian people in the Arab countries and then the loss of Palestine With the issuance of the new territorial law No. 76 of 2017, which in turn regulates the issue of the residence of foreigners and the rights they enjoy, which requires that this change be the focus of this research to show how it affects the rights of the Palestinians.

The issue of compensating non-pecuniary damage resulting from abandonment of the wife is one of the most important subjects which did not advocate jurisprudential and legislative attention commensurate with its importance because of its relation to a sensitive subject regarding the wife's rights, feelings and emotions and protection from the abuse practiced against her by the husband by illegal abandonment without any excuse or The reason for this is the abandonment, but despite the importance and frequent frequency of those cases before the judiciary, but these claims were rejected because there is no article in the law that gives the wife the right to seek compensation for the moral damage caused by her husband's abandonment of her illegal abandonment and to deter the husband from continuing injustice Wife and the waste of their rights The most important of its right to satisfy the instincts that God bestowed in human beings and makes the Marriage the legitimate way to satisfy sexual needs
It is therefore important that we address this issue with research and analysis and give it the importance it deserves. It opens up wider horizons and is a starting point to encourage researchers to shed light on it and deepen it further. This is the importance that justified the need to explain the meaning of the harm of abandonment in a non - And the statement of all that related to the concept of properties and images also had to be the position of jurisprudence on the subject of compensation for the damage of abandonment there is a hand and gave the right to the wife to obtain compensation for non-pecuniary damage caused by her husband's abandonment of her illegal violation.

The civil liability function took a different direction in the developments taking place in its pillars, especially the two pillars of error and damage. As a result of these developments, the civil liability function changed, which gave it a punitive character with the aim of deterring and punishing the person doing harm. It has a punitive deterrent function for the person who caused the harm as a result of his commission of the mistake and the benefit and gain that was reflected on him, and then modern legal ideas emerged in the scope of compensation, such as the idea of punitive compensation and the idea of special punishment.

Force Majeure is one of the issues that pose a real threat to contracts in general and international trade contracts in particular, because these contracts are characterized by their wide extension outside the borders of the state, and thus their exposure to these obstacles is a possible matter. International trade contracts raise a lot of controversy in the context of determining the law that imposes its authority over them in normal circumstances, so what if they were exposed to exceptional and unforeseen circumstances. It is known that international trade contracts are subject to the principle of the power of will, as are the contracts that take place in internal dealings, although some opinions call for the necessity of submitting these contracts to the place of conclusion, while the subjection of international trade contracts to the law of will does not collide with subjecting these contracts to place Conclusion Because the parties to the contract, when they agreed to submit this contract to the law of will, they referred to the law of the place of conclusion, meaning that international commercial contracts or others are related to the rules of attribution, but this link between these contracts and the rules of attribution may sometimes fail to find the appropriate solution as is the case When a force majeure occurs that prevents the implementation of the obligation from one or both parties, and this is what drives us to discuss this issue within the hypotheses of rigid or flexible attribution or the theory of distinctive performance, so can the judge to whom the dispute is presented to rely on the previous assumptions

This study deals with the Law of the Border Crossing Authority and what this law contributed to in developing solutions to the obstacles that the border crossings were suffering from in Iraq, but despite the successes achieved by it, the commercial reality in Iraq indicates the opposite. Trade in Iraq is still suffering from a deteriorating situation, and it cannot be said that it has met a rise in its rates after the issuance of this law. Therefore, in this research we have shed light on the most important obstacles that contribute significantly to the decline in the commercial level in Iraq

The check is a commercial paper mentioned in Article (39) of the Iraqi Trade Law No. 30 of 1984, This importance called for protecting the check from fraud, as the law considered withdrawing the check without balance in the bank as a crime, on condition that the drawer of the check is of bad faith according to Article 459 of the Penal Code, but the Iraqi judiciary dealt with bad faith as it is assumed in that crime, and did not take in good faith, which led to economic instability. In this research paper, I tried to shed light on this topic, because the bad faith is mental element of the crime. But the Iraqi judiciary has ruled out the concept of good faith, with cases where a person gives a check in good faith without sufficient balance to fulfill it. so I tried to present the development of comparative penal laws and to make recommendations useful in dealing with this problem, hopefully it will be useful.

The principle of separation of powers is one of the recognized principles that are contained in many constitutions in the world and after the change that took place in Iraq in 2003 and the vote on the constitution in 2005 within this principle in the Iraqi constitution, as Article 47 of the constitution of Iraq above stipulated in the third special chapter Federal authorities (the federal authority consists of legislative, executive and judicial authorities, and exercises its competencies and tasks on the basis of the principle of separation of powers). Article 61 of the constitution defines the powers of the House of Representatives. The constitution does not give Parliament a mandate to issue legislative decisions except within certain limits, but the House of Representatives legislates For himself a perverse mistake in issuing such decisions, enacting and responding to their negatives and dealing with them in this research

In this research we have dealt with the impact of changing circumstances in its legal aspect on the legality of organizational administrative decisions, and we have taken into consideration in this the determination of the legal circumstances in which the decision is subject to change, as it is the set of legal rules upon which the decision was issued, so that it is directly related to it, such as the link of cause to the result, as well as the set of rules and legal centers that They are indirectly related to the decision, but have an undeniable effect in its issuance due to its connection Assumptions necessary for its issuance, such as those rules regulating the legal centers to which the administrative decision relates upon its issuance, or those organizing the methods of appeal and procedures for that on the one hand, and on the other hand it includes the interpretation and application of the judiciary to the aforementioned legal rules.

The benefit from the services of sports facilities is the ultimate goal that the sports public seeks to benefit from the recreational services provided by the sports administration to service seekers and their beneficiaries from its activities provided by sports facilities, provided that the administration seeks to regulate the sports public's benefit from these sports services. It puts a means for this that I have termed legislation - sports tickets - as it has become the last, in addition to being a means in the hands of the sports public, as it has an organizational character in the hands of the administration with security dimensions. Individuals have this advantage in order to issue sports tickets for the purpose of obtaining profit in contravention of the law, which is what the various legislations have stipulated to confront criminally

Our research deals with the study of general rules in parliamentary systems in particular through the emergence of this system, its definition, and the most important principles that characterize it in order to monitor its strengths and weaknesses. This system and the main engine were rooted in it, and we are limping on the Iraqi constitutional system, which stuck to this system for a long period of the monarchy in the early twentieth century, which ended with successive military coups, ending the parliamentary life in it for a long period, then it returns again and in another way, and the form of the state will change from a simple state for a century from Time to a federal state dependent on the parliamentary system Let us monitor the most important defects in this system and its impact at different levels and give effective solutions to this defect, including those solutions and proposals in the research summary.

The existence of a legal system at the international level that promotes the conservation of biological diversity represented by: The 1992 Convention on Biological Diversity needs to be strengthened and strengthened in its implementation, and to detail some of its general provisions. Therefore, the Nagoya Protocol came as an imperative to enhance the protection of genetic wealth and determine the rights of sovereignty over it for countries with genetic resources. This research discusses the international legal rules for access to resources. Genetic resources and the sharing of the benefits arising therefrom (according to the 2010 Nagoya Protocol to the Convention on Biological Diversity). Therefore, it was necessary to study this protocol to determine its effectiveness in protecting the rights of states over genetic resources.

The importance of studying the subject of national protection of world heritage in accordance with the Convention of 1972, opportunities and challenges of implementation in Iraq, because of the lack of studies and research in this subject in the Arab world, especially Iraq, and the modernity of the laws of antiquities and heritage and the lack of national and international legislation in it, in addition to raising awareness among citizens of this valuable heritage, and because the world heritage is unique and non-renewable, so this research deepened in the presentation and analysis of the texts of the Convention and addressed the role of Iraqi national legislation and show the extent of its shortcomings to preserve the world heritage listed and not registered on the list. The problem arises from the fact that Iraq ratifies agreements, including the 1972 Convention, without actually implementing them, in addition to stating whether this agreement entails international responsibility for those who violate its obligation

The original management responsibility for radioactivity is decided on the basis of the department's legal or material activity. That is, on the basis of the management’s licensing of the activity or on the basis of the administration’s own practice of this activity. Whether the original management responsibility was established on the basis of error in licensing and oversight or on the basis of material error in practice, or in both cases it was established without error. Whereas, the original administrative responsibility, with its foundations and scope, has become limited to facing the escalating risks of peaceful radioactivity. Whereas the administration had accepted the license for this activity for the private sector, it had to proceed with the care of this activity to the extent that it secured obtaining its gains and benefits without risks and damages it causes to people, workers or the environment. on this emerged the responsibility of the Reserve Administration for the damages of the private sector's radioactive activity. Its meaning is for the administration to intervene to compensate those affected by this activity in cases in which the financial guarantees provided by the licensed operator do not compensate the injured or these guarantees fall short of the prescribed compensation limit.
As long as the administration is part of the process of organizing this activity, with the regulations it issues for this activity, and the licensing and control it exercises, then it must bear the consequences of this activity that it has organized and authorized for the private sector when the operator fails to compensate the injured for any reason recognized by law. The responsibility of the Reserve Administration here is either supplementary to complement the compensation paid by the private sector to the injured when the private radio operator's activity results in damages that exceed the compensation amounts specified as the maximum of his liability, and exceed the maximum amount determined in the insurance policy against radiation risk, or it is total when the licensee is unable or the radioactive operator for paying compensation amounts as a result of his exposure or bankruptcy of the insurance company that guaranteed him. or when the insurance has been suspended or canceled. Likewise, when the harmful effects of the accident that occurred in the facility of the private operator are not apparent until after the loss of the right of the injured to file a lawsuit by prescription. Also when the private operator is relieved of his civil liability

In recent times, a new type of international conflicts has emerged, represented in those conflicts related to the environment and its components, which are called international environmental conflicts. This latter is considered to be newly emerging in which the entire international community did not become aware of the consequences of their problems and threats until late time. Especially after the 1972 Stockholm Conference, when the seriousness of environmental threats became clear through the increase in international environmental conflicts.
Based on that, and due to the danger of environmental conflicts to international peace and security on one hand and to sustainable development on the other hand, all countries saw that the best and most effective way to ensure sustainable protection of the environment lies in avoiding and preventing the occurrence of damage, rather than repairing it. Hence, it pays attention to the issue of avoiding and preventing this type of international conflict, so that anticipating the occurrence of conflict and preventing it is better than settling it after its occurrence based on the principle of "prevention is better than cure

The relationship between power and the economy in the Iraqi constitution of 2005 tends to adopt social justice according to likely opinion, but the lack of parliamentary efficiency and effective government coordination Represent legal reasons to prevent legislation with long-term plans to combat unemployment, as well as the difficulty of providing judicial protection because relationship between the right to work and available resources is strong.
With reference to economic laws, we find that they lack the obligation to provide easy loans to the unemployed to work without interest, and that they lack government support for private sector companies, as well as the lack of special protection for small enterprises under the tax law and, Iraqi workers in the framework of Investment Law

The issue of Corona virus occupies international attention, as it is an epidemic that threatens the entire world, as millions of people were infected with it and a large number of them died, and when (Covid 19) spread in Iraq and after the spread of the epidemic in many governorates and the Kurdistan region, the Crisis Cell was formed according to Diwaniya Order No. 55 ) For the year 2020, headed by the Minister of Health and a number of members to follow up the necessary measures to confront the virus, and then the crisis cell was canceled by the decision issued by the Council of Ministers No. (64) for the year 2020, amended by Resolution (79) for the year 2020, and the formation of the Supreme Committee for National Health and Safety, which he chairs The Prime Minister of the Committee, in addition to a number of ministers, including the Minister of Health and Interior, Ministers and other members, exercises all of his duties according to his competence and unlike what other countries have pursued, Iraq did not declare a state of emergency despite the weak health capabilities necessary to confront the epidemic, so the question remains about the effectiveness of decisions and procedures The aforementioned committee facing the epidemic, according to the powers granted to it by the Council of Ministers, which is represented by all the powers of the Prime Minister necessary to confront the emerging Corona virus.
The committee is of great importance in terms of its legal basis, the legitimacy of its decisions and procedures, the effectiveness of these decisions and its real role in limiting the number of epidemics, meaning whether effective measures have been taken to ensure control of the epidemic, and on the other hand, the extent to which the committee’s actions conform to the principle of legality as long as its decisions affect the rights of individuals restricting and depriving Contrary to the text of Article (46) of the Constitution of the Republic of Iraq, which stipulates ((Restricting the exercise of any of the rights and freedoms stipulated in this constitution shall not be restricted or specified except by law or based on it, provided that such limitation and restriction does not affect the essence of the right or freedom

The role of the media and its direct impact on human thought and the behavior of individuals and groups is increasing, affecting the security and safety of societies, especially in light of the high rate of violent and terrorist crimes, which have become a dangerous phenomenon that threatens social peace and impedes development plans of all kinds, and people follow what they see and hear, so it was important to The media serves national security issues due to their sensitivity, the difficulty of displaying and broadcasting the information related to them and the adverse reactions that they provoke. Therefore, dealing with them must be through a specialized security media, and to monitor dangerous phenomena in society, contribute to providing solutions, and confront crimes that may be It is created by an accurate scientific method.
The process of confronting and preventing crime needs a comprehensive strategy by the security services. We need comprehensive information and planning that precedes the media. The social, economic, political and cultural developments in the modern state and the development of the concept of security have led to the expansion of the security field Its complexity and its transformation into a life full of events and phenomena of interest to various human groups, hence the importance of our study of the topic. In light of the above, we decided to discuss this through two topics preceded by an introduction: In the first topic we deal with what the security media is, while in the second topic we are alone for the security media in dealing with crime, and we will conclude this study with a conclusion that includes the most important conclusions that we will reach, and a set of proposals we put forth In the hands of those concerned.

Intellectual security is the main pillar of public security, and this results from the established fact that human behavior is nothing but a translation or application of ideas previously crystallized in the human mind, as it is the immunization that is based on the evaluation of behavior and the prevention of delinquency and crime. The progress of civilization is measured by minds and ideas. If individuals trust their minds and live reassured and secure in their ideas and beliefs, then national cohesion and social peace will be achieved. Religions are the most powerful factors affecting security of all kinds, Especially the intellectual one, and it is necessary to research the basis of its protection therein, specifically in the Islamic religion, which has ensured the maintenance of security at all levels, and its declaration of religious freedom since its existence. With the assertion that human security does not exist simply by guaranteeing the security of his life and the safety of his body, rather it is necessary for him to feel secure in his ideas and beliefs that he believes in, his intellectual and cultural identity that he cherishes, and to guarantee the security of his country socially, economically and politically.
In light of the foregoing, we have decided to research the philosophical, legal and legal basis for protecting intellectual security through two studies preceded by an introduction: In the first topic we deal with the legal and legal basis for protecting intellectual security, while the second topic is unique to the basis of that protection in laws, and we will conclude our study with a conclusion that includes the most important of what we will reach from Conclusions, and a set of proposals that we put in the hands of those concerned with them.

Intellectual security is the main pillar of public security, and this results from the established fact that human behavior is nothing but a translation or application of ideas previously crystallized in the human mind, as it is the immunization that is based on the evaluation of behavior and the prevention of delinquency and crime. The progress of civilization is measured by minds and ideas. If individuals trust their minds and live reassured and secure in their ideas and beliefs, then national cohesion and social peace will be achieved. Religions are the most powerful factors affecting security of all kinds, Especially the intellectual one, and it is necessary to research the basis of its protection therein, specifically in the Islamic religion, which has ensured the maintenance of security at all levels, and its declaration of religious freedom since its existence. With the assertion that human security does not exist simply by guaranteeing the security of his life and the safety of his body, rather it is necessary for him to feel secure in his ideas and beliefs that he believes in, his intellectual and cultural identity that he cherishes, and to guarantee the security of his country socially, economically and politically.
In light of the foregoing, we have decided to research the philosophical, legal and legal basis for protecting intellectual security through two studies preceded by an introduction: In the first topic we deal with the legal and legal basis for protecting intellectual security, while the second topic is unique to the basis of that protection in laws, and we will conclude our study with a conclusion that includes the most important of what we will reach from Conclusions, and a set of proposals that we put in the hands of those concerned with them.

The narrow view of the concept of international criminal justice undoubtedly affects its objective field and thus its application, many legal literature were falling into a lot of confusion, The legal literature took a look at the concept of International criminal justice and International criminal law from (The jurisdiction of the International Criminal Court), has led to a look deficient took the view that what falls within the Jurisdiction of the international justice is the scope of international criminal justice objective itself.
This study seeks to change this narrow view and formulate the concept of international criminal justice

Administrative corruption is an ancient global phenomenon with historical roots, which has spread in all countries, whether developing or developed, and this phenomenon is common in all democratic political systems, as administrative corruption leads to impede economic and social growth within society, and it leads to increased incidence of poverty Political instability as a result of human rights violations and aggravation of class inequality, administrative corruption has become the biggest enemy of development plans and programs and weaken public confidence in government institutions and in political reforms and economic development.
The widening of the State's activities in all fields and the lack of control exercised by the executive authority on its various organs is one of the main reasons for the establishment of independent supervisory bodies to curb this phenomenon

After the development of the state’s functions, the expansion of its powers, the steady increase in the population and the advancement of the legal philosophical thought, keeping up with these developments has become a duty dictated by necessity, as the criminal policy cannot stay according to the traditional measurements of its establishment, which emerged according to the penal schools based on the expansion of penalties depriving freedom In particular, the imprisonment penalty, provided that such an approach, if it is correct in a certain circumstance, may not be valid in other times and situations. Hence, the same necessity was found for the emergence of alternative punishments on the one hand and the idea of substituting imprisonment penalties for the fine penalty on the other side as one of its applications. Although this approach has taken its way between legislative texts, it faces many problems in implementation, accompanied by some jurisprudential objections, which led us to a detailed examination of this idea as an attempt to understand its legal dimensions from a philosophical aspect..