THE IMPACT OF ELECTRONIC DEVELOPMENT ON LEGAL ACTIVITIES IN THE TRANSPORT SECTOR Текст научной статьи по специальности «Философия, этика, религиоведение»



УДК 349:681

Надхер Ахмед Мандиль,

доктор, доцент кафедры публичного права Юридического колледжа Тикритского университета,

Республика Ирак

Аль Али Насер Абдель Рахим

кандидат юридических наук, заведующий кафедрой международного права Московского института государственного управления и права

ВЛИЯНИЕ ЭЛЕКТРОННОГО РАЗВИТИЯ НА ПРАВОВУЮ ДЕЯТЕЛЬНОСТЬ

В ТРАНСПОРТНОМ СЕКТОРЕ

С одной стороны, административные институты стремятся идти в ногу с прогрессом, не забывая о том, что человеческий разум все же еще не порабощен своими научными и технологическими творениями. С другой стороны, тенденции развития в сфере управления ставят перед правоведами новые задачи - они должны исследовать ранее неизвестные идеи в рамках правовой теории, которая поддерживает существующие нормы административного права, но при этом позволяет отменять и исправлять эти нормы в любое время с самого момента их принятия, если того требуют общественные интересы.

Стремительное развитие технологий конца ХХ - начала XXI века, названное цифровой революцией, привело к возникновению новых методов управления и новых способов проведения административных решений. Это стремительное развитие привело к тому, что административные решения и соглашения теперь действуют с помощью новейших технологий в средствах коммуникации.

В соответствии с этими тенденциями, правительства развитых стран осознали, насколько важны в работе электронные усовершенствования. Они начали внедрять в свою деятельность различные компьютерные программы, разработали концепцию электронного правительства для работы государственных подразделений. Благодаря этой новой системе, организация и оценка эффективности работы социальных служб стала гораздо удобнее, проще и быстрее. Все это играет важнейшую роль в развитии национальной экономики в целом. Следует принимать во внимание тот факт, что такое развитие происходило не сразу, а постепенно. При этом правительства вовсе не обязаны следовать данной концепции современного управления. Это целиком и полностью остается на их усмотрение с учетом имеющихся возможностей. Вот такое практическое применение данной системы. Электронное государственное управление представляет собой упрощенную форму обращения правительственной администрации к выполнению своих функций на службе общественности в электронном виде, поэтому важность этого вопроса обусловлена двумя аспектами: теоретическим и юридическим. Ключевые слова: электронное государственное управление, административные институты, новейшие технологии, административное право, административные решения, средства коммуникации, цифровая революция

Dr. Nadher Ahmed Mandeel,

Associate Professor of Public Law at the College of Law of Tikrit University, Republic of Iraq

Al Ali Naser Abdel Rakheem

PhD in Law, Head of the Department of International Law, Moscow Institute of Public Administration and Law

THE IMPACT OF ELECTRONIC DEVELOPMENT ON LEGAL ACTIVITIES

IN THE TRANSPORT SECTOR

The administration strives to keep up with the times and harmonize its activities with what the human mind is free of scientific and technological creations. On the other hand, developments in administrative life impose on lawmen the study of ideas that were previously unknown and studied in a legal study that conforms to the rules of administrative law, allowing the repeal and amendment of these rules soon after the date of their issuance as required by the public interest. The rapid technological development that emerged at the end of the last century and the beginning of the present century, which is called the era of the digital revolution, led to the s in issuing previously unknown administrative decisions. The rapid development led to administrative decisions and contracts through modern means of communication.

Therefore, developed governments realized the importance of this electronic work and started to implement various information programs and began using the concept of electronic administration or e-government in the state departments to determine the work of the public services and services to provide the best services in the simplest means in terms of lack of effort and increase efficiency and shorten the time which has an important role in the development of the national economy and the development of the national economy, noting that this development was not at once, but in stages gradually there is no obligation on the governments to apply this concept of modern management, but is left to the discretion and ability and Imcanit. Here is the application of this system. E-governance is a simplified form of turning government administration towards serving its functions in the service of the public and between them electronically, so the importance of the subject stems from two aspects, the theoretical and the jurisprudential.

Keywords: E-governance, administration, new technologies, administrative law, administrative decisions, means of communication, digital revolution

Introduction

The revolution of the information revolution has caused many changes in the lives of people. Countries must keep abreast of these developments in which new types of tasks have emerged, which are adapted to the advanced means of communication and the requirements of electronic planning, electronic leadership, supervision and electronic supervision, which reflects the importance of electronic work so. The developed governments realized the importance of this electronic work and started to implement the various information programs and began using the concept of electronic administration or e-government in the government departments to determine the work of public services and departments to provide. The best services in the simplest means in terms of lack of effort and increase efficiency and short time, which has an important role in advancing the development and the strengthening of the national economy, noting that this development was not at once, but gradually stages there is no obligation on governments to apply this concept of modern management, Is left to its discretion and its ability and ability to implement this system. The electronic administration in a simplified way is the shift of government administration towards the elimination of its functions in relation to service to the public and between them and some of them electronically so the importance of the subject stems from the two aspects of theoretical and jurisprudence, the subject of electronic administration has not received enough attention by Iraqi jurists in particular despite the many books of research on this subject in foreign countries and Arab countries. Or legislatively, we note the scarcity of legislation dealing with this subject, and it is no surprise that the subject of electronic management is one of the new and emerging topics at the global and regional levels. In practical terms, there are no practical applications in the state institutions that as-

sist in the field work and prepare the statistical tables for the general facility process, in addition to the difficulties of determining the understanding of the stakeholders in this field in government departments in terms of the responsibility of government agencies concerned with electronic management technology and the necessary costs - for such an electronic transformation. We have faced only limited practical situations in the Arab countries, unlike in the developed European countries, where electronic administration is a rich and enriching subject for them, as stipulated in their legislation.

The first topic

The impact of electronic management on the administrative decision of the transport sector

The duties of the administration vary from one state to another in accordance with the political and social principles that result from it. The function of the administration is to ensure that the law is implemented in order to achieve the public interest. The Department's activity takes a number of aspects, such as monitoring individual activities. In modern societies, individuals are able to carry out their legitimate activity under the control of the state (In this case, without prejudice to the public interest). The State may intervene to extend assistance to private enterprises that provide the public with its basic benefits. The Department may intervene to satisfy a public need for public interest if it is estimated that individuals cannot sold them, or considered that the public interest requires intervention to satisfy that need1.

The Declaration on the Use of Scientific and Technological Progress in the Interest of Peace and the Benefit of Humanity, adopted by the United Nations General

1 Dr. Sulaiman Al-Tamawi - Al-Wajeez in Administrative Law -

Dar Al-Fikr Al Arabi - Cairo - 1969 - p 295.

Как цитировать статью: Надхер Ахмед Мандиль, Аль Али Насер Абдель Рахим. Влияние электронного развития на правовую деятельность в транспортном секторе // Вестник Академии права и управления. 2019. № 1(54). с. 104-118

Assembly in 1993, states that the General Assembly solemnly proclaims2:

1. All States shall promote international cooperation to ensure that the results of scientific and technological developments are used.

2. All States shall take appropriate measures to prevent the use of scientific and technological developments to limit the enjoyment by one of their fundamental rights and freedoms.

3. All States shall take measures to ensure that scientific and technological achievements meet the material and spiritual needs of all sectors of the population.

4. All States shall refrain from any acts in which scientific and technological achievements are used for purposes of violating the sovereignty and territorial integrity of other States.

5. All States shall support the development and development of the scientific and technological capacities of developing countries for the work of the social and economic rights of their peoples.

6. All States shall take measures aimed at enabling all strata of the population to benefit from and benefit from the benefits of science and technology.

7. All States shall take effective measures, including legislative measures, to ensure that scientific achievements and technology are used to ensure the fullest possible realization of human rights and fundamental freedoms without distinction as to race, sex, language or religious beliefs.

It is thus clear that scientific and technological progress has become one of the most important factors in the development of human society.

E-governance does not only mean providing services to citizens, but also means more effective government within their departments. Lawmakers need information as much as others. They need to know all current events and perspectives and improve government performance, should have priority in general frameworks)3.

E-governance is the means to achieve that improvement in performance for the benefit of citizens and institutions that deal with the government, allowing them to manage their work and access to information at anytime and anywhere in a full interactive manner without the need to restrict and delay work within the administrative organization. The employee aspires to request a license (electronic form) and sends it via e-mail to his manager to take his course to the affairs of employees and professionals without any trouble. He can transfer his salary to his bank account or withdraw financial advances from his entitlements without the hassle of routine paperwork.

2 Dr. Abdel Fattah Mourad - e-Government - a previous reference

- p. 238.

3 Dr. Abdel Fattah Mourad - E-Government - previous reference

- p. 26.

Access to the objectives of electronic administration requires the provision of the requirements of an integrated electronic infrastructure, such as computers and communication lines, effective Internet service and the presence of qualified human resources to manage the process, maintenance and training of the equipment and training of employees in the state agencies to deal with new technologies and follow-up rapid developments and comprehensive and permanent awareness. For citizens to deal with new data and methods, simplify government procedures and provide the necessary information to deal with them, and create a legislative environment that ensures the legality of dealing with electronic management methods. Therefore, in order to identify all these developments, the researcher will divide this subject into the following two requirements:

First requirement

The role of electronic management in the administrative decision of the transport sector

As a result of technological development, the management of technical knowledge has been integrated into the human being, the tangible by default, the spatial dialogue in electronic synchronization, and the accumulated knowledge that is rooted in the land of the organization with the knowledge and experience that is being imported through legitimate and free means through electronic channels4.

Modern concepts have emerged in management and career systems, including office automation, electronic office automation, automated office systems, or office information systems. Today, office automation systems comprise a diverse and integrated package of information and communication technologies at the software and communication networks, which constitute a single system based on the internal support of its components to meet management needs in the performance of administrative functions. Office Automation Systems (OAS) are described as "information systems based on electronic communications that collect, process, store and distribute information, electronic messages, documents and other forms of communication between individuals, teams and organizations"5.

Office automation systems, along with other patterns of computing information systems, constitute the infrastructure for network management, e-business, ecommerce and e-governance, representing the organi-

4 Dr. Donna LedefKittel - The Arabization of Muhammad Sharif Al-Tarh - Revolution of the Global Public Administration -Obeikan Library - Alnashr - Saudi Arabia - 2003 - p110.

5 Dr. Alaa Abdul Razzaq Al-Salemi and Dr. Mohammed Abdel-Al Al-Nuaimi - Office Automation - Dar Al-Maajah Publishing House - Amman - 1999 - p135.

zation's vital nerve, but the lifeblood of organization and work6.

Therefore, the researcher finds it difficult to summarize information systems and applications that are based on high technology and sophisticated in a brief and categorical description, and because all agreed upon by information experts and practitioners of managers and technocrats is that these systems are directed to help and support the decision-making of the managers themselves, help or support to enhance the decisionmaking capacity of people in administrative organizations7. These components are called decision support systems (known as interactive computer systems that help decision makers use data and models to solve nonstructural problems)8.

That is, there are supporting factors that precede the issuance of the decision, which is at the same time a key factor in decision-making, providing information and data on which the Director relies on the issuance of his / her administrative decision. The aim of decision-making systems (providing information and decision-making methods required to solve specific problems, i.e., have a more specialized role in the decision-making process)9.

This raises the following question: What is the extent of applying this in modern electronic management and how to deal electronically with the adoption of the computer? What is the impact of this progress in the administrative decision?

The answer to this question can be found in the e-governance experience, which is that, the ministries or the government is setting up a portal for the e-government portal. Which provides the government with all government services that can be implemented on the network? This portal includes a main database shared by the government departments, so that the person can access the site of the administration concerned through the network and determine the work license and payment of fees and procedures all related to the license, all within the work of automated management because he Working outside of the office hours and outside the same department has worked from his home or office, but conducted the administrative process correctly. This is the implementation of the administrative decision, but mediated by the computer, which is one of the means of electronic management in the implementation of the decision, administrative that the computer is the seat of the employee in many cases, but the implementation of the decision has differed and different decisionmaker, in terms of form and jurisdiction and in terms of That the version came from the computer of the Department by the data entered by the competent employee.

6 Dr. Saad Ghaleb Yassin - previous reference - p130.

7 Donald F. Keitel - previous reference - p. 110.

8 Dr. Saad Ghaleb Yasin - previous reference - p21.

9 Dr. Emad Abdel Wahab Al-Sabbagh - previous reference -

p. 249.

An example of this is the process of announcing a vacant post in the administration by e-mail and publishing it in electronic journals (electronic publishing), where the forms are filled out and sent via the Internet to the administrative site mentioned. But what if more than 100 people submitted this vacancy, the computer chose the person mentioned above, and informed him by e-mail to attend the department concerned? This selection process is done by the same computer without the intervention of the remaining staff (because he has chosen a particular person)10.

This means that the administrative decision can be made by computer systems, automation and an example is the Swedish experience in warehouse management11. The warehouse management issued an electronic decision according to the automation systems due to a shortage of account in the stock balance. It is through the Internet to issue an order to purchase and contract with suppliers already registered in the computer, and the process of contracting electronically and acceptance of bids and purchase and the introduction of stores to raise the level of stock stores, all this comes through the computer by processing data in the automation systems alone without the intervention of staff.

Data processing is done by issuing information, and this information may be administrative decisions and are prepared from a particular point of view, as are the decisions and instructions on which employees are recruited. The Director shall exercise the process of issuing orders for the appointment of staff members in accordance with such pre-determined conditions from a higher point. If the electronic device works, the Director himself shall be appointed in accordance with the conditions entered in the form of pre-set data, which shall be processed and applied to that candidate only. The decision shall be made electronically by accepting the said nomination. For example, in the absence of a general manager of an institution outside the department or outside the home, including these modern concepts, the department can start a dialogue with him through a video meeting or through a (shut room) and get his opinion and approval to issue the administrative decision required. The answer may come via a laptop or satellite phone (Thuraya) to operate the public utility, now called the Office without Borders12.

From this, the researcher can conclude that the impact of the development of electronic management for the administrative decision is that some electronic devices do this work alone without the intervention of the human and this is what is called (automation sys-

10 Dr. Abdul Fattah BayoumiHijazi - Legal System for the Protection of Electronic Government - a previous reference -p. 90.

11 Dr. Abdul Fattah BayoumiHijazi - ibid. - p. 344.

12 Dr. Abdul Fattah BayoumiHijazi - a previous reference - p. 68.

tem), the work done by orders issued by the computer according to what Compatible with previously entered data or software.

The automation system provided for much legislation. Among these legislation is the Electronic Transactions and Electronic Commerce Act No.2 of 2002 in the United Arab Emirates, as Article 2/18 defines it as an electronic medium (an electronic program or system for a computer that can act or respond to an act in whole or in part without the supervision of any person) Natural at the time of disposition or response)13.

Article 2/19 defines automated electronic transactions as "transactions concluded or carried out in whole or in part by means of electronic means or records in which such works or records are not subject to any follow-up or review by a natural person as in the ordinary context of the establishment and execution of contracts and transactions).

From this definition, the researcher shows that the computer program is a group linked to each other respond to the implementation of orders in whole or in part on demand without human intervention and that the transformation of the government to electronic management requires a re-review of traditional concepts of the administrative decision and the elements and conditions of health because the computer and its applications became a partner of the public servant In issuing and implementing the administrative decision14.

Through the adoption of those electronic means in the administrative decision-making in the administrative organization. This is done through electronic data flow (EDM) and (this management flow is between levels of management through electronic networks accurately and quickly)15.

Administrative flow programs can be linked to the programs of departments or departments of a single organization. Legal administration can be linked with personnel management with financial management, so that everyone works in one system. For example, the staff management of the organization provides a program of presence and absence of employees through the biom-etric footprint of the person once he put his finger on the device so that the time and date of attendance or departure can be known. This allows the staff management department to know the work of the employee and the duration of his absence and attendance, the second is with the administrative department, knowing the employee's entitlement to leave and not entitlement to it, if he submitted a request for a specific leave by computer. The question arises: Is the license issued or the computer

13 Dr. Abdul Fattah BayoumiHijazi - Legal System for the Protection of Electronic Government - a previous reference - p. 90.

14 Dr. Abdel Fattah BayoumiHegazi - ibid. - p. 90.

15 Dr. Imad Abdul Wahab Al-Sabbagh - previous reference -

p. 268.

issues an order not to qualify for that leave because he has been absent for a certain period by reading the computer program? Here the administration is in front of the work of the computer in determining the administrative order of the system of absence and attendance, as well as the signing of the administrative decision has been replaced by the electronic signature of the written signature on the resolution16.

Each sign or term used by the person for his or her own free will is intended to express the author's release and approval of the editor's gradations and contents (where the signature in the transactions is either stamped, thumb printed or signed)17.

This means that the development of the administrative decision has been confined to the element of jurisdiction, where the computer involved the employee in the issuance of the administrative decision, as well as the form of administrative decision, where the electronic signature replaced the written signature, and the solution of electronic publication published in the Official Gazette.

The second requirement

Implementation of the administrative decision of the transport sector electronically

The effect of the decision is to bring about a change in the legal status, i.e., its transformation into a reality in the world of law. The Department aims to achieve the public interest and this requires the administration to take a series of procedures and processes so that the responsibility of the implementation of individuals, management and individuals or that the administration alone to implement in order to turn the administrative decision into reality in order to achieve the public interest.

It is necessary to implement the administrative decision before the decision becomes effective so that it can be implemented. The administrative decisionmaking methods differ as to whether the decision is individual or organizational, and this access has undergone some modifications in the electronic administration. The implementation of the resolution may be a direct implementation because it presumes individuals to commit themselves voluntarily to the implementation of the administrative obligations imposed on them, and if they refrain from implementation, the administration may use coercive means and force to implement the decision.

The entry into force of the decision means its entry into force from the date of its issuance by the competent authority, which is complete to its conditions and

16 Abdul Fattah Hijazi - Legal System for the Protection of Electronic Government - a previous reference - p. 94.

17 Dr. Fayek Mahmoud Al-Shamma and Dr. Fawzi Mohammed Sami - Commercial Law (Commercial Papers) - University of Baghdad - Baghdad - 1988 - p.

produces its legal effects, but cannot be invoked in the face of individuals except from the date of its being informed of one of the means of science.

As for the decision, the duty of implementation from the date of issuance for the administration without the need for publication or declaration and can be managed by the administration because the will of the administration is to achieve the public interest, there is no (forbidden to implement before publication or announcement, but not to harm others)18.

Administrative decisions (individual or organizational) may include a reference to the date on which the implementation of the resolution begins, remembering such words (this order shall be implemented from the date of its issuance) or (this decision shall be implemented from a certain date that would be one month later)19.

Access may be dependent on a complementary work that requires approval of the decision by another administrative authority, as reflected in the decisions of the decentralized administrative bodies that are subject to the approval of the central administration prior to their implementation, when the approval decision is issued (it is due to its effects until the date of issuing the approved decision)20.

Either in respect of individual decisions, they shall also be effective from the date of their issuance. However, they shall be implemented only after they have been informed by either notification or grievance thereof or the law may sometimes decide to publish instead of notification if the number of persons involved in the decision is large or unknown. As for the role of electronic administration in the entry into force of the administrative decision comes through the electronic publication of the Official Gazette instead of the traditional publication in the Official Gazette, and this publication achieves the same legal affect that results from the traditional publication. As for the certainty of the individual's knowledge, the notification of the decision to the person concerned on the website is considered a reliable science, which begins with the entry into force of the resolution, and the appeal of the decision electronically confirmed evidence of the author of the appeal against the content of the resolution and its content.

The researcher has already clarified that the administrative decision is effective once it is issued meaning that it has become enforceable by arranging the legal status that he has created, amended or otherwise21.

18 Dr. Sulaiman Mohammed Al-Tamawi - General Theory of Administrative Decisions - Second Edition - Arab Thought House - Cairo - 1996 - p. 520.

19 Dr. MaherSalehAllawi al- Jubouri - Administrative Decision -previous reference - p201.

20 Dr. Maher SalehAllawi Jubouri - ibid. - p. 201.

21 Dr. Sami Jamalal-Din - previous reference - p210.

There are several parties implementing the resolution:

• The governing body itself is obliged to implement its decision, for example, the decision to grant financial assistance to a particular party, and the administration is responsible for the procedures for providing assistance.

• The individuals themselves, such as the decision to grant a license to open a shop or practice a profession.

But the question arises: in the case of the issuance and implementation of the decision in the electronic administration and the work of electronic administration in the shadow of electronic governments and the process of using the Department of electronic means or the use of electronic business22.

Is the computer work within that administration? Is the computer that did the work alone is the source and implementer of the decision? Or that it is owned by the effort of management and his work is completed by the Department because it has been programmed for this authority and issued orders according to the input of the computer from the data of these cases appeared in a new work done by the computer?

To answer this question, the researcher can give an example of this, the ATM at the banks, which can determine the procedures provided by the bank to provide service to the citizen, as the user enters the card number and its secret number as an electronic signature of the amount of the amount, A magnetic pulse path is used to process these numbers. The order shall be issued for the disbursement of the amount but shall be determined and disclosed by a special account, provided that the customer so requests23.

This is done through the Automated Teller Machine (ATM) using the computer which issues the exchange orders through the automated electronic intermediary. Article 2 of Law No.2 of 2002 in the Emirate of Dubai, United Arab Emirates, specifies that the automated electronic broker is an electronic program or system for a computer that can act or respond to an act in whole or in part without the supervision of any natural person while acting or responding to it24.

It has been legally recognized that the system responds to act independently without the intervention of another person, but in fact implemented an administrative order and applied the characteristics of the administrative decision with the will of the individual administration and administrative authority and the public interest, ie the user or the owner completed without the need to review Of a person or (employee).

Another example is the computer in the parking lot, which is a public position with an electronic system

22 Dr. SaadGhaleb Al-Tikriti and Dr. Bashir Al - Alaq - previous reference - p. 621.

23 Judge HazemNaeem Al-Smadi - previous reference - p. 29.

24 Law No. 2 of 2002 on UAE transactions and electronic commerce.

that requires a specific receipt of the value of the number of parking hours. The beneficiary pays electronic or electronic payment for the payment process25.

This is within the automation system and is called automatic management or electronic transactions which are defined as transactions concluded or carried out in whole or in part by electronic means or records in which such works or records are not subject to any follow-up or review by a natural person As in the normal context for the establishment and execution of contracts and transactions)26.

Which means that the administrative procedures are transformed into electronic procedures that carry out the process on their own without the review of certain employees, so that these devices or electronic pulses serve as the traditional execution of the Department so that the computer hardware responds to the execution of the orders in whole or in part on request without the intervention of administrative staff. Depending on the program and data entered in advance27.

The second topic

The impact of electronic management in the administrative contract for the transport sector

Such as e-mail and the Internet, has led to enormous potential for the growth of electronic transactions and e-commerce and the development of its laws, both as regards the method of contract formation and for the recognition of the rights created. On the basis of this, several bodies such as the United Nations Commission on International Trade Law To develop a set of legal principles governing the exchange by means of electronic business techniques to be taken by the States concerned as a reference in the amendment of the legal requirements for the exchange of services and goods and the transfer of funds on the one hand, and remove the obstacles meter On the other hand, especially (if we know that the administrative law has legal rules governing administrative contracts, but ambiguous with the provisions of the Civil Code)28.

At a time when the modern era is witnessing a technical development in the means of communication and the transfer of information through means of support.

Thus, the researcher can divide this subject into the following demands:

25 Dr. Ahmed Gamal El-Din Mousa, Electronic Money and its Impact on the Role of Banks, Research published in (The New in Banking), Part I, Halabi Publications, Lebanon, p. 117, 2002 edition.

26 Dr. Abdul Fattah BayoumiHijazi - The Legal System for the Protection of Electronic Government - First Book - a previous reference - p88.

27 Dr. Mr. Aliwa - Electronic Commerce and Marketing Skills -Dar Al-Ameen Publishing - Cairo - 2002 - p49.

28 Dr. Osama Abu El Hassan Mujahid - Online Contracting - Legal Books House - Cairo - 2002 - p39.

The first requirement: the concept of e-contract, its characteristics and its complexity.

The second requirement: the types of electronic contracts and their legal nature.

Third requirement: Implementation of the contract concluded electronically and the methods of proving it.

First requirement

The Concept, Characteristics and Consequences of Electronic Contract

The electronic contract is defined as "an agreement in which the acceptance and acceptance of an open international network is connected by means of an audible video that separates the interaction between the objector and the receiver"29

Article 2 of the Jordanian Electronic Transactions Law No.58 of 2001 defines the electronic contract as "the agreement that is held electronically in whole or in part"30. It is clear from the advanced definitions that the characteristics of the electronic contract are:

1) Absence of direct relationship between the parties to the contract: In the past and before the advent of electronic contracting was necessary for the contract between two parties of a direct relationship between them through the Council of the contract. Now, after the advent of electronic contracting over the Internet, there can be no direct relationship between the parties.

2) The existence of the electronic mediator: The presence of the Council of the contract is a matter of existence before the spread of electronic media. Now that these media have spread worldwide, many theories have emerged that attempt to explain the existence or absence of the Council of the Decade.

The first theory: It is decided that the contract council exists but in different ways (as the electronic communications network serves as the contract board)31.

As for the second theory, you see that the electronic contract that is made over the Internet does not have the so-called contract board, since the contract in the traditional way has conditions that must be met, unlike the electronic contract, which is not within its conditions. Contract. Therefore, whatever contract method is traditionally or technologically, the contract board is one of the main and essential conditions for holding the contract32.

29 Dr. Osama Abu El Hassan Mujahid - Online Contracting - Legal Books House - Cairo - 2002 - p. 39.

30 Law No. 58 of 2001 considers the Jordanian Electronic Transactions Act.

31 Lawyers Munir Mohammed Al-Janabhi and Mamdouh Mohammed Al-Janabhi - the legal nature of the electronic contract - a previous reference - p. 155.

32 Ibid. - p157.

The researcher believes that it is a basic condition, which is inherent in the development of audiovisual devices. It is possible to communicate with the other person in the second party of the continent or the country from which he is, but by means of the devices, by providing the method of audio and visual dialogue so that it is possible to describe the contract, explain its details and negotiate with the other party on the required type, measurements required and color required all through the computer screen through the Internet and audible to the corresponding person, while at the same time that the Council of the contract was held from that moment because the electronic devices can provide you against with many people at the same moment, but from places and countries scattered.

3) Speed in the completion of work: one of the main characteristics that have worked on the spread of electronic contracting. (For example, if we assume that the parties to the contract of two different countries, each can negotiate in his office without bearing the trouble and hardship of travel to the State of the other party)33.

Article 13 of Law No.58 of 2001 stipulates that "the information message shall be considered as a means of expressing the will that is legally accepted for the purpose of expressing or accepting the intention to establish a contractual obligation"34.

Whether the message is issued by the originator and his account directly or through an electronic intermediary, the contract is automatically executed by the originator or on behalf of the originator and the intended originator (the natural or legal person on whose behalf the electronic message is being sent or transmitted, regardless of the case.). The originator of the provider with respect to the production, processing, transmission or retention of that electronic message and other related services)35

The electronic contract requires the availability of two corners:

I. Consent: Consent depends on the consent of the two wills of acceptance and acceptance. The affirmation is defined in accordance with the European Directive on Consumer Protection in Remote Contracts ("every teleconference contains all the necessary elements so that the consignee can accept the contract directly and exclude from this domain merely the declaration)36.

As for the nature of the offers received by the client on the Internet, and whether they are considered

33 Lawyers Munir Mohammed Al-Janabhi and Mamdouh Mohammed Al-Janabhi - Legal nature of the electronic contract

- a previous reference - p156.

34 Law No. 58 of 2001 considers the Jordanian Electronic Transactions Act.

35 Dr. Abdel Fattah Hegazy - Introduction to electronic commerce in the Arab - University Thought House - Alexandria - in 2003

- p. 299.

36 Dr. Osama Abu al-Hasan Mujahid - previous reference - p. 69.

positively positive when the contract is held at the time of acceptance or is it just a call to the contract to distinguish between them through two directions:

The first trend: Considers that the advertisement of the sale by computer is only an invitation to the contracting by the advertiser and requires a positive from the consumer and then followed by the acceptance of the person advertised and based on the definition of the Declaration in the European rules on trans boundary television in 1997, Which is sent by a public or private person within the framework of his commercial, industrial or professional activities through which he aims to promote his products or services)37

The second trend: This trend sees that advertising through the sale of computer screens is a positive and not just a call to contract, so the declaration of goods or services on the network is a positive and not a call for contracting, through the qualities can be seen in the presentations on the Internet:

1) Online advertising takes into account only in some cases such as not selling cigarettes to those under the age of 1838.

2) That the declaration of goods and services on the network is often accompanied by the conditions of non-commitment to contract in the event of depletion of the commodity or quantity required and this announcement is positive suspended on an involuntary condition.

Either acceptance (it is the expression of the will of the party to whom the offer is made)39, and it is required to accept until its legal effect, i.e., until the contract is concluded, is as follows:

1) That they meet the conditions specified in the affirmative (will and effect of legal effect and expression).

2) The issuance of acceptance and the positive remains.

3) Matching acceptance to the affirmative without any modification.

The question arises here: Is it simply enough to accept or pressure a button to accept or pressure it? Is legally acceptable, but the courts will not be satisfied with the validity of this acceptance by pressing the key to acceptance only after confirmation of this acceptance, where this touch may have occurred inadvertently or wrongly (and so that the acceptance is already made, it must be It is done in two sessions: the first is the touch on the acceptance key and the second the word "confirm acceptance" appears on the internet screen is confirmed40.

As for determining the time of acceptance, it is through:

1) The time of declaration of acceptance. Edit an email or press the key to accept.

37 Lawyer Mohamed Amin Roumi - previous reference - p. 95.

38 Lawyer Mohamed Amin Roumi - previous reference - p. 99.

39 Iraqi Civil Law.

40 Dr. Osama Abu Hassan Mujahid - previous reference - p85.

2) The time of export acceptance. The time the private key is pressed by the sender to accept the charge.

3) The time of entering the acceptance letter in the e-mail box on the positive device, even if he has not been informed of it since the receipt of the e-mail box device of the obligation41.

Second: the place which the debtor is obliged to do (such as transfer of the right in kind), performance of work or abstention from work, where the premises are required to be appointed or capable of being appointed, to be lawful, to be present or capable of being present, Conditions The contract is void and this applies to the electronic contract. The French Model Contract on Electronic Commerce emphasized that the main characteristics of the goods and services offered should be identified, but that it was not necessary to identify the place at the time of conclusion of the contract, since it was sufficient to be staffed, provided that no limitation was left to a contractor42. However, it is difficult in the scope of the online contract to identify the shop when the beneficiary claims that the contractor did not perform his work fully and the contractor answers that this obligation does not fall within the scope of the subject of the contract, as the subject of the contract is not adequately defined except when the implementation where these problems are resolved between the parties Contract, but at the expense of the beneficiary (because the judiciary refuses to amend the contract if it clearly does not need an explanation).

Therefore, the beneficiary may ask for the description of the products on the Internet, accompanied by the photographs of any block. However, this issue is more of an advertising nature than a legal obligation and all laws, including the Iraqi Civil Code and the Egyptian Civil Code43.

Either images of expression of will through electronic means are limited to the following means:

1. Expressing the will by e-mail: This system brings together two separate people, including hundreds of thousands of kilometers without meeting the actual and personal, as the person only to access an e-mail address and send a message to dozens of people in distant countries. This is stated in the UNCITRAL Law of the United Nations in Article 2 (b), stipulating that "electronic exchange and expression includes any means of electronic communication, such as sending data from computer to computer in a standard form or by e-mail."44

41 Dr. Osama Abu Hassan Mujahid - previous reference - p94.

42 Dr. Osama Abu Hassan Mujahid - ibid. - p115.

43 The Egyptian law states that (if the place of obligation is contrary to public order or morals, the contract is null and void). The French civil regulation states in Article 1598 that «all transactions may be subject to sale unless certain special laws prohibit them from disposing of them» Looking-d. Osama Abu al-HasanMujahid - ibid. - p. 123.

44 Dr. Ahmed Khaled Al-Ajlouni - previous reference - p46.

2. Expression of will through the network of sites: The network of sites is a mixture of information and pictures and countless other data can be through any Web site to indicate the person on thousands of sites and what to choose the site that wants to enter the contract with him to see in front of him on the screen The computer is the page that he is looking for, then he checks the request, either the contract is executed under the required conditions or he refuses. An example of a cross-site expression is that the person who sells the book to a person selling his book, the person giving his credit card number, the value of the book is deducted from his balance immediately, as the recipient did not utter or indicate acceptance.

3. Expressing the will through the means of talking and watching: It is contracted between several people immediately without the need to spend time separator, it is an exchange of messages or may be exchange of speech directly or Kindle there are video cameras that makes the talk full viewing of the pronunciation and reference , And thus (in front of a default contract board on the grounds that the contractors are watching and listening preached by some directly)45.

4. Silence and contracting through the Internet: The original silence is not a means of expression of the will because the silence is a negative description is different from the implicit expression, which is a positive description and therefore silence through the Internet is likely to concern: The first does not exclude that the silence role in the positive or acceptance. The expression of will via e-mail, network of sites, viewing or oral conversation is a positive act and cannot be considered a scotch. The second is that silence exists and exists after the actual contact between the positive person. If silence results in the benefit of the person to whom it is favorable, The former dealt with the two parties and the positive approach is related to this (dealing with silence is acceptable here)46.

The second requirement

I am an electronic contract and its nature is legal

The prevailing view today in the electronic business is the use of electronic technology in the contract between natural persons and moral, there are electronic contracts traded today in the field of electronic and is used in practice and most important:

1. The French model of e-commerce between traders and consumers.

This contract was published in France and was drafted to facilitate online contracting. This contract was adopted by the Chamber of Commerce and Industry in

45 Dr. Ahmed KhaledAjlouni - previous reference - p. 50.

46 Lawyer Mohamed Amin Roumi - previous reference - p. 101.

Paris on April 30, 1998 and by the Legal Committee of the French Association for Trade and Electronic Exchange on 4 May 1998 (and its provisions were adapted to French law)47.

2. Enter the network or subscription contract on the Internet.

A contract between the customer or the subscriber and the provider of the Internet service called the "accessor". The latter undertakes to provide the user of the Internet with the information he wants from the network through the use of his computer and that the commitment of the accessor is the obligation to achieve the result and adapt this contract as a contract rent)48.

3. The accommodation contract or the information lease.

A contract in which the Internet service provider is obliged to place at the disposal of the subscriber some of its technical capabilities to be used in the interests of the user in the manner that suits it and adapts it (a lease rather than a contract)49.

4. Contracts for virtual malls.

Virtual communities can be defined as "social gatherings that emerge through the Internet, a number of people within this community, and discussions on specific topics for periods and for long periods of time"50.

Its legal structure thus consists of two parts. The current version includes a combination of the general terms that all participating shops in the virtual malls are subject to all the conditions of each shop. The customer will be dealt with in accordance with these general terms of sale (which may be supplemented by the terms of each participating shop)51.

As to the legal nature of this contract, there were questions in the jurisprudence that the electronic contract was a contract of acquiescence as long as the consumer was always the weak party in the e-commerce contract so it was right to consider the contracts concluded in this way as the contracts of acquiescence, Rejection of arbitrary conditions in which the reason for the determination of this right is to take into account the means by which the contract is contracted remotely through the network, which leads to the lack of prior knowledge of the consumer specifications of the commodity52.

Consent (a contract in which a party recognizes certain conditions established by the other party and is not allowed to be discussed in respect of essential goods or facilities that are in a legal or actual monopoly or are subject to specific discussion)53.

47 Dr. Osama Abu Hassan - previous reference - p. 29.

48 Lawyer Mohamed Amin Roumi - previous reference - p. 75

49 Ibid. - p. 78

50 Dr. Yusuf Ahmed Abu Fara - previous reference - p. 317.

51 Dr. Osama Abu al-HasanMujahid - previous reference - p. 31.

52 Dr. Abdul Fattah Hijazi - The Legal System for the Protection of Electronic Commerce - Preface - p236.

53 Dr. Osama Abu al-HasanMujahid - previous reference - p. 27.

Its components can be identified as follows54:

1) Contracts relate to goods or services that are essential.

2) Positive in an economic center that allows him to impose his conditions.

3) The affirmation is issued to all people under one condition and continuously.

4) The product or service is monopolized by legal or actual monopoly.

According to this view, the contract of compliance is a real contract subject to the rules to which other contracts are subject. In spite of the monopolization of some jurisprudence as such, since the pressure in which the complaining party does not reach the limit of coercion that destroys the satisfaction does not spoil this pressure can be treated or compliance through legislation or guarantees to protect the consumer, where the Iraqi Civil Code in Article 167/3 (The interpretation of ambiguities in contracts of acquiescence is detrimental to the interests of the contracting party, even if it is a creditor)55.

Accordingly, French jurisprudence is based on the contracts concluded with vendors through the contracts of compliance if the general terms of sale are stated on the merchant's site so that the site visitor (the potential buyer) can only accept or not contract at all. Another group, however, did not confuse online contracts with compliance contracts because the features they mentioned were necessary for the contract to be regarded as a contract of acquiescence but not sufficient to qualify as two other conditions (necessity and monopoly)56.

5. Technology transfer contracts

This type of contract is defined as an agreement under which a natural or legal person undertakes to make the contractor use the licensee's possession in secret forms and methods within a specified period for a certain price that the licensee undertakes57.

These contracts are no more than agreements concluded between two people, one of whom undertakes to transfer the technology he owns to another who is looking for it. Technology means knowledge and experience gained not only in practical application but also in the administrative, financial and commercial exploitation of a project. These contracts are defined as State contracts that are not concluded or entered into force except by passing legislation or by ratifying them under special procedures of the legislative or executive authorities such as contracts for the transfer of military technology and relat-

54 Lawyers Munir Mohammed Al-Janabhi and Mamdouh Mohammed Al-Janabhi - the legal nature of the electronic contract - a previous reference - p. 680.

55 Iraqi Civil Code No. 40 of 1951 and its amendments - in 2004.

56 Dr. Osama Abu Hassan Mujahid - previous reference - p27.

57 Dr. Call of Kazem Mohammed Al - Mawla - The Legal Effects of Technology Transfer Contracts - Wael Publishing House -Jordan - 2003 p30.

ing to public interest or the performance of a public facility. The application of these contracts gives their own legal concepts that do not exist in civil law, such as the concept of the state's regulatory authority, the terms of the financial balance of the contract, the concept of force majeure, and the terms of price review to match the results of potential technological development. The most important of these contracts are technology licensing contracts as well as turnkey contracts and industrial cooperation contracts (the State treats as a sovereign State as a sovereign State or intervenes in its civil capacity as a trader)58.

Either on the legal nature of technology transfer contracts and their possible inclusion in administrative contracts, although the State may conclude the contract on an equal footing with the foreign private enterprise and do not modify the terms of the contract, the question arises whether public interest is needed or whether the consent of the other party ?59

A part of the jurisprudence goes to the fact that the contracts of the State with the foreign party, including technology transfer contracts, are the result of the solutions concluded by the French judiciary in connection with the administrative contracts and their application to the contracts concluded between the States and the foreign parties. These contracts have characteristics that make them close to the idea of administrative contract, as concluded by public authority for the realization of public interest and from this angle (these contracts do not differ from the administrative contract which has the same characteristics)60.

Accordingly, there have been demands from developing countries to achieve economic justice by exploiting natural resources and transferring technology. This has been reflected at the legal level. Modern theories have replaced traditional theories, including the extended theory of administrative contracts. This theory has allowed the other party to dispose of contractual obligations according to their needs61.

That theory has permanent sovereignty over the sources of national wealth. Therefore, the contracts concluded by the State include the same advantages as the administrative contract. The State has the right to modify the terms of the contract on its own volition. This can be applied to international contracts for economic or technological development. Modify the execution of the contract as required by the public interest in favor of the foreign investor)62.

58 Dr. Salah al-Din Jamal al-Din - contracts transfer of technology -University Thought House - Alexandria - in 2004 - p. 79.

59 Dr. Hafidah Al-Haddad - Contracts between the State and Foreign Persons - University Thought House for Publishing -Alexandria - 2001 - p. 462.

60 Ibid - p. 462.

61 Dr. Salah al-Din Jamal al-Din - previous reference - p. 276.

62 Dr. Salah al-Din Jamal al-Din - previous reference - p. 277.

The opinion of the judiciary was that international arbitration in the disputes of the State's contracts for economic development in the arbitration against Libya was referred to as an administrative contract. However, in its subsequent provisions, it went on to state that the contract in dispute was not governed by the administrative contract, which included (the construction of industrial units and the transfer of development while retaining them as international private contracts)63.

The researcher concludes that the state contracts for economic development and technology are not described in the civil law contracts, because they are mixed with general elements. It is undeniable that dealing with a national company to implement the same contract would undoubtedly be described as a contract of Administrative contracts, and we cannot recognize that the description of the contract changes simply because of the foreign nationality of the contracted project.

Third requirement

Electronic contract execution and verification methods

If the proposal is accepted and agrees with the acceptance, the agreement will be concluded and the contract will be held, whether in a traditional or concluded manner, by way of remote contracting via the Internet. Therefore, the implementation will be done by the first party in the contract to implement the obligation on the Internet to deliver the goods or perform the service, and the implementation of the other party to its obligation to pay the price of the commodity or for the service rendered, and often implemented electronically and in case of non-implementation Q: What is the modern and criminal responsibility for non-implementation? Therefore, the researcher will divide this requirement into the following two sections:

Section I: Effects of Contract Execution.

Section II: Disputes arising out of the execution of the contract.

Section I

Effects of the implementation of the contract

The provisions of the Egyptian Civil Code stipulated in article 431 that "the seller is obliged to hand over the sale to the buyer in the condition that existed at the time of sale"64.

As for the processing and delivery on the websites, it means the length of processing and delivery (the period between the occurrence of the request through the website of the organization and the receipt of the buyer to request)65.

63 Ibid. - p. 279.

64 Dr. Osama Abu al-HasanMujahid - previous reference - p. 101.

65 Dr. Yusuf Ahmed Abu Fara - previous reference - p. 258.

The French Model Contract (item IV / paragraph 7) provided that "delivery must be specified and whether it will be done by mail, by means of transport, on line or by the same network as computer programs or databases"66.

The object of delivery is if it is sold, and it may be a commodity of material physical substance or a moral or normal entity, that is, it does not have a tangible physical presence such as software and databases. If the goods are of a material physical nature, the buyer must deliver the sale in the same case as it was at the time of the conclusion of the contract if the object is self-appointed. Contractors are likely to agree on the degree of the object in terms of its quality if it is of a type. If the product is of a moral entity (such as information), the supplier must add all new information related to the area of concern to the contractor, as well as must be comprehensive, for example the contract for providing information on international investment movement and stock exchange movement Related to this area in all States)67.

As for the place of delivery, the French model contract states that "If the seller is agreed to take the risk of carriage, he is liable to compensate the buyer, if It is agreed that the buyer shall bear the risk of carriage. He shall send a reasonable objection to the carrier within 3 days calculated from the time of delivery68.

As for the expenses of delivery, the original should be for the seller only if there is agreement or otherwise. However, there are some postal difficulties which cause delays in delivery either on the seller's obligation to deliver the goods or perform the service and against which the buyer has to pay the price. The value here is the one that is done electronically and is called e-loyalty. Article 1/5 of the Egyptian Electronic Transaction Law defines it as a "fulfillment of a monetary obligation by an electronic means such as electronic checks, electronic bills and magnetic cards"69.

Electronic payment is made through electronic payment by loyalty cards, which are defined as a card issued by an authorized institution and delivered to a customer for the purpose of frequent use of cash withdrawals or for the purpose of paying the goods and services to the suppliers without their acceptance being limited to the issuing company70.

On the level of European legislation, the law on the use of e-fulfillment and the recommendations issued on 17/11/1988 defines the e-fulfillment (the fulfillment of the magnetic card with the negative basis of information). The business environment is characterized by speed of transactions and keeping abreast of developments, especially in the field of banking operations

66 Dr. Osama Abu Hassan Mujahid - previous reference - p. 103.

67 Lawyer. Mohamed Amin Roumi - previous reference - p. 120.

68 Lawyer. Mohamed Amin Roumi - previous reference - p. 123.

69 Dr. Osama Abu Hassan Mujahid - ibid. - p. 103.

70 Lawyer. Mohamed Amin Roumi - previous reference - p. 127.

in general and areas. The use of modern means of payment in particular, which is automatic payment without the circulation of paper money, which is currently called modern means of payment, such as magnetic cards and electronic money71.

Section II

Disputes arising from the execution of the contract

The electronic signature of the electronic contract is the most important dispute arising out of the execution of the electronic contract, which means a digital signature that is necessarily linked to data used by the signature holder to express its acceptance of the level of such data. It is required that the following conditions be met:

A. To belong to the owner alone.

B. To allow identification of the owner.

C. To be carried out in such a manner as to enable its owner to retain it under his exclusive control.

D. To be linked to the data signed by it so that any subsequent modification can be detected72.

The electronic bill defines the electronic signature as "data that may take the form of letters, numbers, symbols, signs or other electronic, digital, photocopying or other means that are created in a data message, Identifying the character of the site and distinguishing it from others and attributing to it a specific editor)73.

The argument of electronic signature in evidence is as follows:

A. The electronic signature argument in UNCITRAL considers that the Model Law, the rules of which apply to all data messages that are imbued with electronic signature74.

Accordingly, any State may legislate its own law in the same manner as the law, and extend it to include electronic signature outside the commercial domain to include transactions between users of electronic signatures and the public authority, expanding its scope (depending on the vision of the enacting State)75.

The Model Law also provides in article 3 (non-discrimination between any method of electronic signature) that all technologies will receive the same treatment as well as non-discrimination between the electronic signature and the traditional ordinary signature. Article (6/3) stipulates that "the electronic signature shall be deemed reliable for the purpose of fulfilling the following conditions:

71 Dr. Tawfiq Shanbour - electronic payment tools - the new in the work of banks from the legal and economic aspects - Part I - Halabi rights publications - Beirut - 2002 - p. 87.

72 Ibid., P. 91.

73 Dr. Osama Abu Hassan Mujahid - previous reference - p. 15.

74 Lawyers Munir Mohammed Al-Janabhi and Mamdouh Mohammed Al-Janabhi - electronic signature - previous reference - p10.

75 Lawyer Omar Hassan Al-Momani - Electronic Signature - Dar Wael Publishing - 2003 - p. 75.

1) If the means used to create the electronic signature are linked in the context in which the site is used without any other person.

2) If the means used to create the electronic signature are subject to the control of the site at the time of signature without any other person.

3) If any change in the electronic signature takes place after the occurrence of the signature is detectable.

4) If the purpose of the requirement of a legal signature is to confirm the integrity of the information to which the signature relates and any change in that information is made at the time of signature to be detectable76.

B. The Egyptian bill77:

The researcher can find that the Egyptian draft law on electronic signature stipulates that "this law applies only to civil, commercial and administrative transactions that are edited and signed electronically only." Article 3 states that "it shall have the same argument as the signatures of evidence in civil and commercial matters if they are made in accordance with the conditions provided for in this law"78.

The Egyptian Electronic Signature Law has established the regulations that are required to be available in the electronic document to enjoy the protection prescribed in the law of proof:

1) The signature link is active alone.

2) Control of the site alone on the electronic mediator

3) The possibility of detecting any modification in the editor or signature data after it is placed on any editor79.

From the above, the researcher can conclude that electronic management is a successful idea that will take the administrative activities of the state from the paper-based archival situation to the electronic digital situation. Electronic contracts concluded by government agencies are growing so that contracts related to electronic activity cannot be limited in their multiplicity and diversity, so that electronic contracts and contracts related to electronic services constitute a large proportion because of the ease of their conclusion and implementation. The adoption of electronic management necessitates the conclusion of certain contracts for the provision of certain electronic services or the conclusion of other electronic contracts raise questions about the designation of such contracts and the law applicable to them and the competent judiciary, as well as adapting the general principles of administrative contracts to accept the requirements of the electronic contract and its characteristics, especially for the convergence of positive ac-

76 Dr. Saad Al-SayedKandil - Electronic Signature - New University of Publishing - Alexandria - 2004 - p. 18.

77 Lawyers Munir and Mamdouh Mohammed Al-Janbhi -Electronic signature and his argument in evidence - ibid. - p34.

78 Lawyer Mohammed Amin Al-Roumi - Reference No. 150.

79 Lawyers Munir Mohammed Al-Janabhi and Mamdouh

Mohammed Al-Janabhi - previous reference - p64.

ceptance and questions If it is proven that the traditional pillar In traditional paper contracts rely on the presence and physical meeting of the parties and the normal writing is the basis, while the electronic contract is concluded through documents and electronic documents as well as the electronic signature and the problems raised by the evidence, which shows the need to coordinate between the established legal rules on the administrative contract and provisions Of electronic contracts, which correspond to their nature and derive from their texts and correspond to the circumstances of their conclusion and implementation. Based on the above, the contract entered into by a government agency can be considered as a company to provide Internet access service and use such as supply contracts, and to consider the electronic accommodation contract, which obligates the ISP to provide the administrative authority with some of the technical capabilities in a manner that suits Such as a lease, and the contract for the establishment of an electronic website for administrative entities serving the Internet-based contact person, such as a contract, can be considered as a work done by the performance of general information services. The question that has been asked is: Are the legal provisions of the Sale and Rent of State Funds Law No.32 of 1986 valid for the conclusion of the contracts referred to above?

The researcher does not hesitate to answer no. For reference, reference is made to the provisions of the said Act on public tenders and the rules to be followed80.

The announcement of tenders and the book of conditions does not raise many legal problems in terms of the use of modern means of communication in publishing them, but it is necessary to determine the legislative idea of the deadline for submission of tender dates are calculated on the basis of the end of official working hours to be delivered to the Department, but such an idea does not make sense when sending. The tender documents are not related to the concept of physical delivery at the headquarters of the administration. In addition to the subject of appointments, there is the idea of confidentiality, which requires bids to be received in sealed envelopes. This means that modern means of communication must be provided to ensure that the tenderness submit tenders that are not known until the opening date of the bids submitted. In addition to these issues, it is necessary to resolve the question of the proportion of expression to its source and the subject of signature. The researcher can decide that in the field of administrative law, some legal obstacles are expected to emerge, but in the end they do not constitute serious obstacles, many of which can be dealt with through a simple legislative intervention in addition to boldness in decision making,

80 Law No. 32 of 1986 considers the Law of Sale and Rent of Iraqi State Funds.

the availability of expression management, It requires an intellectual renaissance of the judiciary in adapting the contracts concluded in the field of electronic services in accordance with the nature of the administrative contract and its attributes and competence granted to the administrative department and acceptance of new legal concepts such as electronic negotiation and responsible for the electronic acceptance or acceptance Ni defects will in electronic management.

In the opinion of the researcher that there is a new shift in electronic contracts as they tend to make the contractor's commitment to the management committed to achieve a result and not to take care and if the contractor failed to achieve the contractual goal was the responsibility of the nodal, especially in the field of hidden defects.

Conclusion

The study of the phenomenon of electronic management is a study in the field of the work of public administration in terms of the means of communication and use of the electronic information network, and its adoption in work or changing patterns of work. During research, the researcher could reach the following conclusions and recommendations.

First: Results:

1. The researcher ended the definition of electronic management as the use of modern technology means by the General Directorate to carry out its functions and this means that it is not intended to exercise governance, but is intended to manage things electronically, that the use of technology means will not change the concept of public administration in terms of being a functional device, Change in management tools and means.

2. The objective of e-governance in the public interest is to support the control activity and the cranking activity in improving the level of performance in the general facility, improving the level of services and reducing the administrative complexities in short time, effort and money by following the administrative data flow method electronically in government departments.

3. The challenges and difficulties of transforming and bringing about change in the face of electronic management include weak communication and information infrastructure, electricity, lack of trained human resources, legal aspects of the lack of privacy legislation and intellectual property legislation to protect computer programs, And electronic payment methods.

4. The impact of electronic management on the administrative decision is represented in the support of the computer to the employee in the automation system, i.e. automated electronic medium (software or electronic system of a computer that can act or respond to conduct independently or partially without the supervision of any natural person at the time it is Act or respond to it).

Electronic transactions are transactions concluded or carried out in whole or in part by means of electronic means or records, where such works or records are not subject to any follow-up or review by a natural person as in the ordinary context of establishing and executing contracts and transactions, by computer part of the transaction electronically.

5. As a result of the positive electronic development in the work of the public administration in the contracting of persons, electronic means can be adopted as an electronic contract, which is defined as "the agreement held by electronic means in whole or in part". Thus, Payment can also be made through the Internet. The tender can be published and its terms and the categories that may be subscribed to by entering the agreed numbers, saving time and money and expediting the needs of public utilities so as to ensure the continuity of public utilities regularly and steadily. You a real application of the principle of portability facility to change the switch and the equality of citizens before the General Annex.

The researcher does not believe that there is a barrier preventing the introduction of the idea of the electronic contract as an administrative contract in the field of administrative law.

Second: Recommendations:

The researcher can then determine what this research can offer recommendations as follows:

1. Not to import and apply the literal methodology of successful electronic management abroad, because the project depends on the environmental legacies rather than relying on technical solutions and the preservation of all channels (traditional and electronic) as long as they all serve the citizen.

2. Simplifying the procedures, rules and regulations in administrative law, linking all departments among them in exchanging administrative data electronically, and adopting the definition of the identity of the electronic citizen as long as the identity of the citizen has been adopted by a certain secret number in some countries in conducting electronic transactions.

3. From the definition of administrative decision that it does not require a specific form, the administrative decision should be emptied only in accordance with what is required by the law in limited cases. Therefore, it is clear that there are no legal obstacles that prevent the administrative decision from being issued electronically. Which is specifically designed in the computer and then the management discloses its binding will in the form required by the law with a view to achieving the required legal effect and thus is measured against the rest of the decisions regarding the performance of the activity or operation of the general facility.

4. Reviewing the law of selling and renting state funds to include texts that would apply the idea of elec-

tronic contract, electronic signature, use of electronic through the information network, thus facilitating the means for publishing and payment of government fees contracting process for citizens and management alike.

Reference list First: Legal books:

1. Ahmed Gamal El-Din Mousa, Electronic Money and its Impact on the Role of Banks, Research published in (New in Banking), Part I, Halabi Publications, Lebanon, 2002 edition.

2. Ahmed Khaled Al-Ajlouni - Online E-Contract - International Scientific House and Dara Culture - Amman, 2002.

3. Osama Abu Al-Hassan Mujahid - Online Contracting - Legal Books House - Egypt, 2002.

4. Dr. Mr. Aliwa - Electronic Commerce and Marketing Marketing Skills - Dar Al Ameen Publishing - Cairo, 2002.

5. Dr. Tawfiq Shaanbour- Electronic Payment Tools - New in Banking Business from the Legal and Economic Aspects -Part 1 - Halabi Publications, Beirut, 2002.

6. Dr. Hafidah Al-Haddad - Contracts between the State and Foreign Persons - University Thought House for Publishing - Alexandria, 2001.

7. Dr. Abdul Rahman Al-Sabah and Dr. Imad Al-Sabbagh - Principles of Computer Information Systems - Dar Zahran -Amman, 1996.

8. Dr. Donna Ledef Kittel - Arabization Mohamed Sharif El Tarrah - Global Public Management Revolution - Obeikan Publishing House, Saudi Arabia, 2003.

9. Dr. Sami JamalAldin - Principles of Administrative Law - Knowledge Establishment - Alexandria, 2004.

10. Dr. Saad El-SayedQandil- Electronic Signature- The New University of Publishing- Alexandria, 2004.

11. Dr. Saad Ghaleb Al - Tikriti - Decision Support Systems - Dar Al - Mahaish Publishing - Amman, 2004

12. Dr. SaadGhaleb Al-Tikritiand Dr. Basheer Abbas Al-Alaq - e-Business - Dar Al-Maagheh Publishing and Distribution -Amman, 2002.

13. Dr. Sulaiman Al-Tamawy- Al-Wajeez in Administrative Law - Arab Thought House - Cairo, 1969.

14. Dr. Sulaiman MohammedAl-Tamawi- General Theory of Administrative Decisions - Second Edition - Arab Thought House - Cairo, 1996.

15. Dr. Salaheddine Gamal El Din - Technology Transfer Contracts - University Thought House - Alexandria, 2004.

16. Judge - Hazem Naeem Al-Smadi - Responsibility in Electronic Banking Operations - Dar Wael Publishing and Distribution - Jordan, 2003.

17. Dr. Fayek Mahmoud Al-Shamma and Dr. Fawzi Mohammed Sami - Commercial Law (Commercial Papers) - University of Baghdad - Baghdad, 1988.

18. Dr. Abdul Fattah Bayoumi Hijazi, The Legal System for the Protection of e-Government, First Book - University Thought House, Alexandria, 2003.

19. Dr. Abdul Fattah Bayoumi Hijazi, Legal System for the Protection of e-Government, Book II, University Thought House, Alexandria, 2003.

20. Dr. Abdel Fattah Hegazy- Introduction to electronic commerce in Arabic - University Thought House - Alexandria -in 2003.

21. Dr. Abdul Fattah Mourad - E-Commerce, Selling and Buying Online - Al - Baha Software & Computer Co.

22. Dr. Abdul Fattah Mourad - E-Government - Al - Baha Software & Computer Co.

23. Dr. Alaa Abdul Razzaq Al-Salmi and Dr. Mohamed Abdel Aal Al - Nuaimi - Office Automation - Dar Al - Mahaish Publishing - Amman, 1999.

24. Attorney Omar Hassan Al-Momani - Electronic Signature - Dar Wael Publishing, Amman, 2003.

25. Lawyer Mohammed Amin Al-Roumi - Electronic Online Contract - University Publications House - Alexandria, 2004.

26. Lawyers Munir Mohammed Al-Janabihi and Mamdouh Mohammed Al-Janabihi, Legal Nature of the Electronic Contract, University Thought House, Alexandria, 2004.

27. Dr. Maher Saleh Allawi Jubouri - Administrative Resolution - Dar Al - Hikma for printing and publishing - Baghdad, 1991.

28. Dr. Call of Kazem Mohammed Al Mawla - The Legal Effects of Technology Transfer Contracts - Wael Publishing House - Jordan, 2003.

29. Dr. Yousef Ahmed Abu Fara - Electronic Marketing - Dar Wael Publishing and Distribution - Jordan, 2004.

Second: Laws:

1. Iraqi Civil Code No.40 of 1951 and its amendments.

2. Law No.32 of 1986 Law on Sale and Rent of Iraqi State Funds.

3. Law No.58 of 2001 Jordanian Electronic Transactions Law.

4. Law No.2 of 2002 on UAE transactions and electronic commerce.