Journal of Anbar University for Law and Political Sciences

the organized legislations for the peaceful radioactive activities include a set of administrative procedures regulating peaceful radioactive activity, The management authorities which are responsible for the radioactive sector take into their account applying these administrative procedures in order to guarantee that they are implemented safely, including those which are stipulated by the legislator to Those wishing to practice the activity to obtain the approval of the administrative authority which are responsible for regulating the activity and that approval is either by notification the responsible authority before starting the activity, or by obtaining authorization to practice the activity, And the research will highlight these administrative procedures in Iraqi law to demonstrate the adequacy of administrative legal rules in Iraq in providing a safe practice for this activity.

Reality, with its facts, actions, dilemmas and developments, is the main driver of all legislation issued, for the legal rulings and legal texts are issued to deal with matters that happen in reality, and the revelation of revelation coincided with the life of society with the provisions indicated in both sources of the Qur’an and the Sunnah to develop appropriate solutions and treatments. The jurist, the mujtahid, and the judge must be fully aware of the reality, in order to deal with a specific incident, and he should be aware of its subtleties and details, to apply the appropriate text to it to adapt the incident and then give it the Sharia (or legal) ruling. This research is an attempt to set specific controls that help the judge or the mujtahid to understand the reality first, then adapt the incident secondly, so that the jurisprudential and legal treatment of it is correct according to what they most think, and this research is limited to knowing the jurisprudence of reality first, then adapting to the calamities and facts secondly, in order to make the judgment or express an opinion And the fatwa, which is the stage of downloading the text on these facts, in order for that ruling to be correct and accurate according to most of the mujtahid’s belief. Therefore, the research will deal with: the nature of the jurisprudence of reality and its legal and legal foundation and it has three demands, and the most important requirements for downloading the text on the incident, its importance, and it has three demands. Then: the role of the judge in adapting the facts and actions, taking into account the legal and legal rules, with the intention that the judge and the jurist should investigate the right thing in relegating the text to the reality, hoping that we have succeeded for that

There is no doubt t that the rules and principles of the administrative law are more developed than other legal rules. Behind that development is the sophisticated activity of the administration matched by the satisfaction of public needs that do not stop except at the limits of the law. The idea of the public facility in particular has characterized by its flexibility and development. Also, it has the effect of defining the role of the state and its interference in achieving the public interest. The management of these facilities is no longer to be monopoly of the state and its bodies, but many countries have turned today to let the individuals and private moral persons to participate in its management. Perhaps the education facility in all its stages is the most prominent example of that. So this study comes as a serious attempt to indicate the possibility of describing private universities and colleges specifically to be withen public facilities in light of the opinion that goes to count them as private institutions of public benefit on the one hand, and in light of the obvious entervention of state in the management of these universities and colleges and effective observation over them, which will be reflected in the result in defining the legal rules governing the activities of these universities and colleges, and the nature of the relation between the administration and its members And determine the competent judiciary to judge the disputes that arise in this matter.

In this search we discussed the legal nature of an important contract, which is a partnership contract between the two sides, one of which is the state represented by the administration and the other is the private sector represented by the private partner or financier. The first is the concept of the partnership contract in terms of its definition and its most distinctive characteristics. To the conclusion that we reached results and recommendations as we will see.

That the general budget law is one of the most important laws issued by the legislature annually, and this importance comes from the suspension of state institutions and service projects from life unless this law is adopted, because the financing of these projects is linked to the general budget law, and it is important to conclude that the public budget is the philosophy of the state economic, social, political and financial, and in view of this importance there should be accuracy in the stages of the formation of this law and that these stages be subject to the principle of transparency and the public to be informed of the finances of the public. The state how it is spent and what are the benefits of the expenditure process as well as the revenues collected to cover public spending, and that the competent authorities put the principle of transparency in all stages of the budget, starting with the preparation of the general budget law by the executive branch through its adoption and approval by the legislature and its approval by the President of the Republic and its publication in the official gazette, as well as should be available the transparency of the budget in the most important stages of the general budget, the stage of its implementation and control over the implementation of its provisions

The world was not this close to social contact, nor with this size of economic exchange, before the era of (globalization), which unified the effects of the new circumstances that humankind is going through, and if legal thought was able - previously - to establish new circumstances - at that time - based on One legal theory, (such as emergency circumstances) and (force majeure), the reason for this was the limitation of the circumstance (spatially), while the situation - today - is completely different, in terms of the impact of the whole world, in its various sectors, by the new circumstance, by the action of (globalization) that made The whole world is a small village, which entails an evolution in contractual relations, whether in the mechanisms of their conclusion or in the mechanisms of their implementation. The rules of private law have succeeded, to a satisfactory extent - until now - in regulating these relationships in the event of exceptional circumstances, and as it was possible to conclude contracts between those spatially far apart, many of them were easily implemented through the same web, and this is why it is no longer fair to consider the impact of new circumstances on obligations. Contractualism based on one legal theory, as long as it is possible to keep a group of them enforceable despite the new circumstances, and the possibility of applying the provisions of the theory of (force majeure) to a second sect, and the provisions of the theory (emergency conditions) on a third sect, in addition to the possibility of granting a judicial term (easy view) For a fourth class of them, and so forth, at the same time, and towards the same emerging circumstance, due to the flexibility and comprehensiveness that characterize the rules of private law that regulate exceptional circumstances. What helped - in fact - to settle disputes resulting from the new circumstances, according to several theories, in order to achieve the greatest degree of justice and balance between the conflicting interests.

Enhancing consumer confidence in local markets and prevent Confusions that may occur after the sale process, especially with contracting for fast-defective and Precise made electronic goods required the creationof a new type of contracts to achieve this goal, so standard electronics contracts have emerged as a guarantee to confront the knowledge disparity between the consumer and the supplier to provide greater protection than What is provided by the general rules in contract theory by obligating every commercial agent or distributor to implement all the guarantees provided by the producer or client for the commodity in accordance to the provisions of the Consumer Protection Law for repair and maintenance and after-sales service and the return of the specific commodity during a specific time period of the appearance of a defect in it, these contracts were distinguished With characteristics derived from general rules, including those required by its special nature, which are commensurate with the justifications for its development.

Due to the development taking place at various economic and social levels, as well as the scientific and technological development, including the spread of car factories and in various countries, this led to an increase in the number of wheels and vehicles of various types, shapes and brands, and in Iraq there has become a noticeable increase in the number of cars, as the total number of cars reached Cars in Iraq, including nearly seven million cars, and this increase is accompanied by an increase in traffic offenses as well as traffic accidents, which forced the state to intervene by setting penal sanctions, including imposing financial fines, whether in the original or in consequence of penal sanctions such as imprisonment, imprisonment and imposition These fines have very important goals, as they are at the economic level an important resource for the state treasury, and at the social level, they contribute to reducing violations and traffic accidents as they contribute to improving the environment and protecting it from pollution. Therefore, traffic fines were studied according to Traffic Law No. 8 of the year 2019 and what are the guarantees granted by the law to the person on whom the fine was imposed to appeal these fines in the event that they are in violation of the law, regulations and education It came or it was issued by a .non-competent authority

The Topics of the resignation of the Prime Minister is one of the most important constitutional issues that did not take its abundant share in constitutional studies despite the fact that many constitutions regulate some of its provisions, so theoretical and practical necessities have led us to submit to a research topic (constitutional and legal organization for the resignation of the President of the Council Ministers under the Constitution of the Republic of Iraq for the year 2005) in order to define and review the procedural and substantive provisions related to resignation, as well as to clarify the implications of the resignation with respect to the continuation of the work of the Council of Ministers, and the consequent transformation of the status of the resigned government from a government Full powers to the caretaker government according to the principle of ministerial solidarity, and without neglecting to compare the position of the Republic of Iraq’s Constitution of 2005 with other constitutions on the one hand, and to clarify the extent of consistency of constitutional provisions with the legal provisions stipulated in other legislation.

The study focused on the claim of damage resulting from case of non-observance neighborhood legal distance between neighboring owners. Its importance was taken to clarify the legal rules derived from various legislations in force in the West Bank that govern the issue of neighborhood setbacks between buildings classified for housing, commercial or industrial purposes, As well as to indicate the criteria upon which to determine the damage to file a lawsuit in the competent court. The problem of the study was to determine the legal basis on which the aggrieved neighbor could bypass the building setbacks in filing a lawsuit to remove the damage, due to the contradiction in the legislation in force in this regard regarding the legal basis, is it the removal of the damage to the neighbor or the removal of the building violating the ongoing setbacks. finally we reached many results, the most important was the damage case is based on the presumed damage, and it is not the responsibility of the injured neighbor to prove the damage, also Court of First Instance is the competent authority to hear this case, in its capacity as the holder of the general mandate, to hear cases of elimination of damage despite of the contradiction in the decisions of the Palestinian courts in this regard.

The issue of contract interpretation is very important in contract law. It is a necessity that goes with the contract. Justice is among the most important of these legal means that the judge uses to perform his task of interpretation. We will shed light in this research on the role of justice in interpreting civil contracts, to learn about its provisions and cases and the controls that the judge applies in accordance with the provisions of our civil law and some other comparative civil laws, this role which may not be clear to many people, because of the ambiguity of the idea of justice, And the active roles they play in civil contracts

Renegotiation is one of the most widespread alternative means of resolving disputes, as it reaches the parties to settle the dispute in a way that is satisfactory to them by bringing the points of view closer and removing the obstacles that generated the conflict. On the continuation of the implementation of the contract, and some of these effects are temporary and some of them are final, as one of the temporary effects that occur on the implementation of the contract, those that result in the case of initiating re-negotiation is to stop the implementation of the contract until the conflict is resolved, as for the final and important effect of renegotiation It is embodied in the goal of renegotiation and what result will it reach

Al-Musaqa is a contract held by two parties, the grove's owner and a farmer who is committed to taking care of the grove's trees in return for a share of the yeilds. Al- Musaqa contract is recognised in civil law and in Islamic jurisprudence. Therefore, the goal of this study is to define this contract and its provisions in civil law, and this research relied on a comparative approach in order to clarify the provisions of this contract. It is important to explain how the legislator addressed the rights and obligations of both parties. The contract creates a discrepancy between Civil Law and Agrarian Reform Law No. 117 of 1970. It has been found through research that Al- Musaqa contract differs from the rest of agricultural contracts. If the grove starts to produce, it would be considered a lease contract at the beginning, then extending to a partnership agreement. As for the termination of the Al-Musaqat contract, it has been defined by law. Additionally, this paper recommends the following: that the Iraqi legislator include fruitful and fruitless trees in its provisions , as well as the need to define the obligations of landowner, reformulate the provisions on obligations and rights, clarify ambiguous terms and assign the task of settling agricultural disputes exclusively by the judiciary.

This paper will focus on the lapse of time of the lawsuit for the annulations of avoidance of the real state ownership, and to study the application of the Jordanian legislation and judicial on it, through explaining the meaning of the legal phrase “lapse of time” which is mentioned in article 5 of the amending law to the immovable property Act No. 51 Year (1958) which was replaced by Article 13 of the Real State Ownership Act year (2019). Whereas the Jordanian courts explanation of the “Lapse of time” is imprescriptibly has resulted to many socio-economic problems, and this paper argues that the phrase “lapse of time” refers to the gaining of right and excludes the imprescriptibly, and that article 13 is not clearly formulated and was contradicted with the theory on Contracts in Jordanian Civil Code which requires to be revisited and reformulated.

Has varied and multiplied social media and its use has increased in various faccilities of life , accompanied by an increase in the percentage of electronic crimes ,especially electronic extortion crimes,which have become adanger threatening the iraqi family and threatening the occurrence of many family problems ,and it is notable for them to legislate a law that regulates this type of crimes in iraq despite its spread,weakness of the best authorities responsible for disclosure and investigation ,and the iraqi legislator had proposed in the 2011 draft information crimes law ,but it has not been enacted until now,and this is a form that should be addressed and addressed so the iraqi courts are still applying the provisions of the iraqi penal code no.1 and the law origins of customary criminal rulings no.1 of 1 on extortion crimes ,as a resulte of that ,the iraqi judge is still in possession of the provisions of the crimes of threat to those who commit the crime of extortion ,so the iraqi legislator must expedite the legislation of the information crime law and separate between the provisions of nosada that deal with the crimes of the matter in athief.

Since 2003, the issue of the political participation of women in Iraq and their parliamentary representation have taken a great deal. Along with the democratic transformation in Iraq, the spread of political awareness and the growing culture of citizenship, rights and public, and individual freedoms, it was necessary to do a justice to women and help them to overcome the obstacles that prevent them from exercising their civil and political rights. The issue of neglecting women's representation in parliament is no longer a natural matter. The Iraqi constitution for the year 2005 and the election law No. 16 of 2005 adopted the allocation of the quota for seats representing the participation of women in the parliament of no less than a quarter. Accordingly, it is clear how essential is the political participation of women, their fair parliamentary representation in achieving and activating democracy, Subsequently, the problem of this research is gained by explaining the impact of the women's quota system on the rates of representation of women. In the Council of Representatives (Parliament) as one of the means by the state’s endeavor to create a greater space for women’s representation in the parliament in the light of the new Iraqi draft election law.

In addition to its oversight rule and its role in issuing federal legislation, the parliament performs another work, which is issuing Resolutions based on its constitutional powers. The parliament occasionally issues resolutions, but some of these raise a number of legal and constitutional problems regarding the viability of the parliament to issue them and how far they are mandatory, Recently the parliament has issued a number of resolution that are marked with a sort of confusion, and some of them have not seen light despite of being voted upon by the majority of the parliament members. Can the issued parliamentary resolution be ineffective and nonexistent after it has been voted upon in the parliament? And how such a resolution can be differentiated from the right one? The current study adopted an inductive -analytic approach in the analysis of the parliamentary resolutions and it investigated the extent to which these resolutions are compatible with the articles of law and constitution taking in consideration the resolution of the relevant Federal supreme court. The study came up with a number of findings and recommendations. One of the major finding is that the parliamentary resolutions is valid only when it is voted upon by the simple majority after a quorum is obtained within the parliament. Another finding is that the parliament’s issuing of resolutions is governed by the constitution, and the parliament is not authorized to issue whatever resolutions without referring back to the constitution and law.

The national interest is the supreme goal that states always strive to enhance, protect and achieve by various means. On this basis, the roles have changed and changed since the emergence of the nation-state and to the present day. Sometimes we find that the ruling basis for international relations is the characteristic of conflict and competition, while we find that the tremendous developments in the scientific and technological fields have led to the intertwining of international interests and the increase of the intensity of interaction between countries and pushed many of them to cooperation As a result, the role of the national interest has been determined on the basis of activating aspects of cooperation, conflict and competition within the framework of international relations

The Ethiopian Renaissance Dam (GERD) negotiations have received great attention from various official and unofficial circles and specialists in this regard. In view of the importance of the issue and its challenges to Egyptian water security, as the negotiating parties did not reach to any results or compromises, The situation has reached a crisis situation. From this topic, our study was launched to address the analysis of the negotiating position of the parties to the issue in accordance with a theoretical approach, which makes the foundations of successful negotiation and how to deal with the continuous negotiator and the crisis situations in accordance with the rules established by negotiation specialist. An analytical approach was adopted to achieve the objectives of the study, which concerning: the nature of the issue, its parties, and the position of each party, the points of disagreement, and the negotiating strategies followed by each party .

There are many levels of analysis that are trying to confront and understand the American-Iranian conflict. There are those who understand this conflict in excluding a zero equation that does not accept the limits of discussion or debate on one side at the expense. While the second level of analysis to understand the crisis begins to the limits of a struggle for influence between a cosmic party that seeks to stereotype the world according to its proposals and seeks to delineate the borders of security and its dimensions in the Middle East region after he considered this region from his national security framework since the oil boom began to mean an application between security This country and the borders of the Middle East region, which are borders that are not determined only by the principles of energy and its dimensions, but also narrated from the dimensions of a political conflict that takes on the dimensions of a doctrinal war that began since the Promise of the Persians was recognized to be translated in the context of a conflict between a party defending its land and a usurper party supplying its political narratives with historical illusions believed to nurture the conflict with dimensions And new premises that do not limit its boundaries to the land as related to a religious belief that consecrates this land and adopts it as a holy land, which represented a haven for all religions and a bridge for all cultures.All these dimensions arise within the limits of the interpretation of this conflict, and if this land has known many conflicts and found many crises, the most recent of which was the conflict with a jelly enemy from a new party, terrorism is the blood of the people of this region and its destruction and crushing under its aggressive machine, so what increases the danger and deepens it is that conflict formation The new that started to be determined and its dimensions and foundations within the logic of the axes were drawn within the limits of values intellectual conflict, and even sectarian to mean that entering into a tunnel of dark conflict that may come upon the countries of the whole region, including Iraq, which because of the weakness of its foundations that were established after 2003 will continue to suffer and its fragments and effects may extend to it to mean This is more crises that stifle his political experience and may end it as she suffers from successive crises and faces them with limited capacity and weak will, so he has to face this conflict and contain its effects as he faces bloody projections brought out by political experiences and risky elites that left their policies deep in the image of Iraq and his bloody body, all of these proposals remain Existing and influential, and no researcher can avoid it if he tries to research or analyze the reality of the crisis.

This study attempted-through analytical method, which combines both institutional and organizational methods-to investigate and evaluate the experience of the Saudi Shura Council (SSC) during the period 1993-2020. This was done through examining the Shura Council response to the Parliamentary Governance requirements and indictors such as representation, accountability, transparency, as well as supervision, and monitoring mechanisms.The study reaches several conclusions, including first, there is a concrete will among the Saudi leaders for developing the performance and the efficiency of the SSC: in terms of representation through appointing 30 women, while in terms of legislation some articles were amended which enhance the legislative capacity of the SSC manifested in issuing resolutions instead of recommendations. With regards to supervision and accountability, the study concluded that the mechanisms (such as written questions, investigation and enquiry committees) followed in other councils are not practiced and are replaced by other mechanisms such as National Anti-Corruption Commission. The transparency of SCC has been questioned as well by many, even though the SCC has established its well- design and managed website and some of its meetings are TV broadcasted.

The history of mankind has a full of variables between the state and the protest movements, which trying to change, influence and pressure on political systems, also to achieve its demands for the advancement of social, political and economic rights. What we have been observed in the Arab region, that these systems marginaling society, and endeavor to stay in power against the will of the people; As a result of this situations, protests erupted in Sudan, Algeria, Lebanon, and Iraq, not only for declining living conditions, but transparency in governance and the management of political power. The Arab political systems were unable to contain these “demands”, especially the internal ones, therefore, the outcomes representd in a misuse of the outputs “decisions” that are not compatible with the aspirations of the internal environment surrounding the system, which led to not only rejecting these regimes by people openly, bu also breakout uprisings and revolutions. Finally, making changes of figures of the political factions.

The research focuses on the difference in intellectual perspectives between Western thought and Islamic values regarding the issue of women's rights and their equality with men. When following Western thought, we find that there are contradictions in looking at the role of women, and this is partly due to ignoring the biological characteristics of women and ignoring the issue of integration between men and women, while The Islamic societies derived their sources from Islamic values that created balances that take into account these differences. The importance of this distinction between the two visions is very important to determine the contradiction between international agreements regarding women's rights and the specificity of Muslim societies, as their decisions simulate the vision of Western thought for women transcending the nature of values of other societies

The topic of national reconciliation is among the topics that have come to the attention of specialists because of its active role in achieving the building of the civil state، so this research came as an attempt to address the nature of reconciliation and explain its mechanisms and requirements. After the year 2003 and its aftermath، Iraq witnessed successive waves of internal conflicts، which negatively affected the unity of society and its civil fabric، so that Iraq today is in dire need to build the internal rank and strengthen the national unity to achieve political and economic stability. However، what is noticed، and through research، is that most of the reconciliation proposals adopted by government agencies did not depart from being a whirlwind in a cup، lacking the credibility and seriousness in achieving them. Achieving national reconciliation and societal peace in Iraq will inevitably lead to stopping the cycle of violence، and work to bridge the Iraqi ranks and cut the path for terrorist groups of all kinds to achieve their goals of fragmenting the country’s identity and sowing the seeds of division and fear among the people of one people.