Journal of college of Law for Legal and Political Sciences

After the scientific evolution and the emergence of electronic means of various kinds, it is easy to a conclude electronic contracts in issues that are conducted in conventional contracts or in electronic issues that need to be taken to conclude electronic contracts, Because the latter requires special expertise and expertise that one or both of the parties to a contract cannot have, an expert and knowledgeable party is required to enter into a contract in the area that the other party would like to benefit from, One such contract is the electronic accommodation contract (electronic contracts), under which the operator puts his electronic devices at the disposal of the known user by allocating space on the hard disk of his own computer to allow the user to dispose of the information contained therein in return for a sum of money, The first party does not know how and how to use electronic information and immediately contracts an expert to use it in his or her own business, However, this contract requires the presence of security and security among its parties in the performance of obligations until each of them reaches the goals intended for the conclusion of such contracts, and any breach of this security means the breach of contracts and obligations. Therefore, we will begin to study this contract within the scope of security that is supposed to be available between contractors to carry out obligations and bring each party to its goal

The discussion has foundations and terms, the most important of which are dialogue and dialectic, although there are other terms, but we focus in this research on these two terms, with what is raised about them, whether there are differences between them, or whether they have the same meaning and connotation, and what we have concluded, which we are reassured by what came in the Holy Qur’an, with the use of dialectic in all cases of discussion, both praise and blame, and what distinguishes the difference between them, and between the term itself; The goal and results to be achieved from the discussion, whether to reach the truth and the truth, or just to stand out and be seen and reach false glory, and the result is the same if the discussion is called a dialogue or dialectic, and the research was built after the theoretical aspect on how to build political thought, and it was of two types, the first, on how to build political thought according to the ideology of parties and movements within the national or nationalist or ideological system, and the second, it stems from the relationship with the other who is ideologically and intellectually different at the international level, so two types of theses emerged for us, one of which calls for dialogue to build human thought and culture and political awareness, although the preferences show the lack of seriousness and realism of this proposal, and perhaps from this result another team emerged that necessitates the clash of civilizations, due to the difference in intellectual starting points between different cultures and civilizations.

Insurances within the scope of administrative contracts are among the most prominent guarantees used by the administration for the good and optimal implementation of its administrative contracts. Their basis is what distinguishes the administrative contract from the civil contract in terms of a special character required by the needs of the facility that the contract aims to manage and the predominance of the public interest in its regard over the private interest of individuals. Therefore, the administration has been granted within the scope of administrative contracts the authority to impose insurances of both types: initial insurances, or what is called primary or temporary insurances, and final insurances and their confiscation. This guarantee has been adopted in various comparative legislations, including the Iraqi Government Contracts Implementation Instructions No. 2 of 2014. In our research on this type of guarantees, we have addressed the most important provisions to which it is subject, starting from its definition and stating its types and the forms in which it is performed, to the provisions of its return upon the expiration of the guarantee or its confiscation and the reasons for confiscation, then stating the competent authority to settle the disputes it raises. We concluded the study with the most important results and proposals we have reached.

This study dealt with the issue of proving the administrative claim in Sudanese law, which is considered one of the important topics of the importance of the administrative claim itself, and the study touched on the nature of the administrative claim and the difficulty of proving it, and was exposed to the statement of the provisions on the burden of proof and its means, and And what distinguishes it from other ordinary suits What are the characteristics that distinguish it from the proof in other cases with regard to the burden of proof, and to determine which party bears it, and the inductive and analytical approach was followed for the preparation of the study، Which concluded with a number of results, including that the means of proof differ in the degree of their credibility in the administrative case, where the documents represent the strongest authoritative evidence, and then the degree and level of proof of the rest of the evidence vary, until some of them reach the stage of lack of argument as a decisive oath. The study included some recommendations, including the importance of including in the law of proof and civil procedures more detailed texts, taking into account the specificity of the administrative case and its different nature from other cases.

There is no doubt that the violation of the procedural form in the appeal leads to the loss of this procedural right through which the defects and shortcomings that may have affected the judicial ruling from the point of view of the appellant are intended to be addressed. If it is not used properly and in the manner determined by the law, then it will have no productive effect on the final outcome.The appeal, as a method of ordinary appeal, requires the availability of certain conditions in order to produce its legal effects from the formal aspect. Accepting the appeal in form is the gateway for the Court of Appeal to take control of the appealed ruling from the substantive aspect. Otherwise, it is difficult for it to delve into that, regardless of the evidence of shortcomings and defects in the ruling under appeal.The effective procedural violation, its penalty means depriving the appealed judgment from re-submitting the dispute before a higher court, and then the initial judgment issued by the first instance court becomes the final decision in the resolution of the dispute.The manifestations of the violation of the procedural form when submitting the appeal vary, and one of its manifestations is not submitting the appeal within its legal period, as the appeal periods are inevitable and failure to observe and exceed them results in the loss of the right to appeal, and its reference may be the failure of the appeal to include serious reasons that lead the court to the errors or shortcomings that affected the appealed judgment even if the legislator did not set specific reasons for the appeal.In addition, the appeal must be submitted in the same capacity in which the opponents were sued before the court of first instance. If it is otherwise, the fate of the appeal will be rejection in form. The legislator has also required that the appeal petition include specific and general information. If the appeal petition is devoid of these, the appeal will inevitably be rejected in form.Rejecting the appeal in form has its legal effects, as it results in the initial judgment being upheld and becoming final, and the erasure of the effects left by the delay in implementation causes the appeal to occur

The constitution provides the main guarantees for individuals to exercise their rights and nominal law in the state, and this entails the cancellation and exclusion of any legal text. Contrary to its principles in accordance with the principle of legal security. There are many things and many issues that are raised before the constitutional judiciary. Which means destabilizing the principle of legal security which aims to stabilize the situation and legal centers and to spread reassurance and security in all relations and transactions.

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This research deals with the Ukrainian war, from the perspective of the strategic calculations of three major states: the United States of America, the Russian Federation, and China. For this purpose, it attempts to make comparisons and reviews constants and variables related to the policies of these countries in the war and their positions towards each other and from other countries , all the way to the long-term effects that the war will have on international politics

Individuals have become in urgent and necessary need to provide legal protection for their personal data, especially in light of scientific and technological development and the misuse of websites by using them as a means of spying on individuals’ data and information, misusing, blackmailing and bargaining with them in this field. Private life is protected according to the provisions of the law, but the violations it is subjected to It came about due to entering the world of the Internet and technology, as it is a new world that many individuals may misuse, whether the person being assaulted or the person assaulted. Therefore, it was necessary to address the law in this area that preserves and maintains the privacy of individuals.

The legal status of a suspended wife represents a glaring injustice for women within families and society. These Category of women are neither recognized as wives nor granted a divorce. While the Iraqi Personal Status Law No. 188 (1959), amended by Law No. 15 (2008) in the Kurdistan Region, has attempted to address this issue, the legal protections for suspended wives remain scattered and lack a unified approach. This research aims to analyze these existing legal guarantees within Iraqi law, compare them to personal status laws in other Arab countries, and identify shortcomings and loopholes that leave suspended wives vulnerable. By highlighting these gaps, we hope to propose recommendations that benefit both Iraqi and Kurdistan legislators, ultimately providing stronger legal protection for suspended wives, including potential compensation and recognizing suspension as a form of domestic violence.

The Constitution of the Republic of Iraq for the year (2005) included texts related to the right to sustainable development and its principles. These texts organized its three dimensions (social - economic - environmental), and this dimensions are clear in Chapter Two of the Constitution. In addition to those texts, some articles of the Constitution may address both dimensions of development. Indirectly, the Federal Supreme Court exercises its role by monitoring the constitutionality of laws and regulations, and this oversight extends to protecting the rights and freedoms of individuals, including those related to topics that fall under the concept of sustainable development.

Smart contracts are one of the technological innovations that have revolutionized how agreements between parties are implemented automatically and without the need for intermediaries. Smart contracts rely on blockchain technology to ensure transparency, security, and reliability, as they are contracts that take place and are registered on the online blockchain platform so that encryption and algorithms are used in drafting contract terms and ensuring implementation, as for the financial aspect, they use virtual currencies circulating in the virtual world and the most famous currency is Bitcoin, Ethereum, and other virtual currencies that can be contracted, sold and bought through those currencies. These smart contracts may affect the law in general and the legal articles of contracts in particular with scientific and technological development after the era of advanced technology, which began to accelerate after the year Covid 19, 2020, and the emergence of blockchain technology, so I highlighted the concept of smart contracts and their advantages with the presentation of defects and studying them in terms of existence in the Iraqi civil law or not, and what are the reasons for the lack of such contracts because we still lack To use blockchain technology during which smart contracts are concluded and need to be regulated or a legal framework in the event of a difference or problems facing the use of technology, with comparison with nearby developed countries such as the United Arab Emirates.

The research aims to shed light on the Turkish-Gulf relations before and after the Arab revolutions with their many variables, and identify the strategy of the party opposing those revolutions and the general framework of Turkish-Saudi relations The reasons for interest and divergence and then rapprochement and the return of relations between the two parties and their importance. To achieve the research objectives, we relied on analytical models in it, and the research reached a set of results whose mask was prominent, Turkey, which is approaching the Gulf states, provides it with immediate and future geopolitical and geoeconomic gains

The Rotterdam Convention on Contracts of Carriage commenced all or part of the goods by opening new prospects for the category of carriers and shippers by defining their obligations, liability provisions and exemption from them. In accordance with the foregoing, we will try to know the concept of these carriers, especially precisely to identify and define the maritime performing party and the terms of their acquisition. s obligations, as well as the provisions on liability and how to exempt it, all in the light of the provisions and rules of the 2008 Rotterdam Convention on Contracts for the Carriage of Goods by Sea.

This research examines the disciplinary system of administrative unit heads in Iraq, focusing on their role in maintaining public order and their legal powers within the administrative framework of the state. The study aims to analyze how these officials exercise their disciplinary authority and compare it with similar systems in other countries, such as France and Egypt. A descriptive-analytical approach was adopted, alongside a comparative methodology, to extract lessons that could contribute to improving Iraq's administrative system. The study highlights the concept of administrative regulation and the powers of unit heads in imposing disciplinary measures, while also discussing enforcement mechanisms such as regulatory bylaws, individual decisions, and direct enforcement. The research concludes that the powers of unit heads require continuous updates and legislative development to ensure an effective balance between exercising authority and safeguarding individual rights. Finally, the study offers recommendations to strengthen judicial oversight and develop legal frameworks to ensure the efficiency of the disciplinary system.

The research aims to highlight the normalization of Arab Gulf States\\\\' relations with )Israel( and recognize )Israel\\\\'s( strategic foundations for normalization in accordance with the Deal of the Century and the Abraham Accords, It is repercussions on the Arab Gulf States, )Israel( and the Palestinian issue. Therefore, to achieve the objectives of research, it has focused on the analytical approach to describe in depth the deals as well as agreements concluded between the parties. The research, we have reached a series of conclusions, most notably, that the common objective of the parties to normalization is the convergence of interests on several issues, including the liquidation of the Palestinian issue and the confrontation of Iran\\\\'s growing power in the region.

States constitution usually provide for guaranteeing political, economic and social rights of all citizens, whether they are a majority or a minority, of these are important rights, right to nominate and vote, Iraq is one of the states that have guaranteed constitutional and judicial protection, the constitution guarantees the right to vote and to stand for all components giving minorities the right to quota to ensure their representative representation.The o riginal is in force of the laws enacted by the legislature in terms of time date of approval, publication or ratification according to the constitution it is provided for in the legislation, however, these laws could apply retroactively on events prior to their occurrence, This is an exception to the original passage of the constitution and approval and read constitutional jurisprudence in case legislation is challenged which included texts of its validity for events prior to its occurrence. Through the applications of the comparative constitutional issue it clearly shows that she has always been in every stabbing before her to emphasize that the adequacy of legislatioris competence and legislative options, and that its control is of a legal nature to ensure that the legislation challenged by its constitutionality conforms to the Constitution, Whenever such conformity existed, it was ruled by its constitutionality, and once you’ve fallen behind, I’ve ruled unconstitutional without going into that occasion.

Artificial intelligence and its applications are developing intensively daily and rapidly, which necessitated the necessity of research and study in the evolution of the ethical and legislative confrontation for the use and development of artificial intelligence and its applications. The ethical confrontation governing the development of artificial intelligence technologies and the positions of legislation from the ethical side of artificial intelligence, as well as the legislative attempts that codify the use and development of artificial intelligence and its applications, and in particular the preventive legal regulation and the legal regulation that aims to regulate the work of artificial intelligence systems, and according to the proposed definition, the study returned Artificial intelligence is a complex system of software and electronic computers that possesses essential and independent characteristics. It has the ability to perceive and analyze data and self-learning, which requires special legal regulation in this field, which most countries in the world lack, and some of them suffer from major deficiencies if some of their legislation or decisions deal with an aspect of aspects of artificial intelligence

Attributing the crime to its perpetrator or acquitting the accused of committing it is an acknowledgment of criminal justice, therefore all of this must be based on a reliable fact, i.e. the investigating authority must verify the truth in the evidence it obtains in the investigation stage, and the sufficiency of that evidence to be a decision based on a reliable fact before referring the accused to the court of subject matter. The work of the investigating authority according to the procedural texts is to reveal the truth without verifying it, knowing that the latter is a principle that finds its basis in several ideas, the most important of which is the presumption of innocence enjoyed by the accused, which cannot be refuted or denied except by evidence that has been verified and leads to the truth. This relates to the fact that the evidence documenting the truth was obtained by following the procedures stipulated by law, and that it is sufficient to attribute the crime to its perpetrator or deny it to the person accused of committing it.

Government reform in Iraq is a multi-dimensional topic, as it is linked to the constitutional document and the prevailing legal idea. Government reform is an essential step to address the structural challenges facing the Iraqi state, whether politically, economically or socially.The Iraqi Constitution of 2005 represents the legal basis that defines the framework of authority and relations between government institutions. It stipulates the rights and freedoms of citizens and defines the powers of the executive, legislative and judicial authorities. The Iraqi Constitution is considered an attempt to achieve a balance between powers and guarantee the rights of the various components in the country, but the challenges facing its implementation are related to weak institutions and the absence of political stability. The prevailing legal idea is embodied in the dominance of the traditional understanding of the law and its application, as the law is considered a tool to control relations between political and social forces. Often, partisan or factional interests prevail over the public interest. This prevailing idea makes it difficult to implement legal reforms effectively, as structural reforms are hindered by partisan affiliations and weak rule of law.

The administrative interpretation suit is one of the important suits with a productive purpose in the work of the administration and organizing the relationship between it and individuals in what it entails of a correct process for applying the provisions of administrative decisions, as the administrative courts in France begin to undertake the task of interpreting regulatory decisions that have a legal effect on individuals in general and abstractly as they are general and abstract rules that address all individuals, so the administrative judiciary has tended to accept consideration of these suits on the grounds that they are real suits that do not discuss the legitimacy of the administrative decision but rather focus on interpreting an administrative decision without delving into its legitimacy, as it enables the ordinary judiciary to issue its rulings correctly when interpreting the administrative judiciary of the provisions of administrative decisions related to the ordinary suit through judicial referral, and despite the specific authority of the administrative judge, we find that the interpretative suit is a judicial suit independent of the annulment and compensation suits, so the legislator was obliged to organize the interpretative suit within the State Council Law so that individuals and the administration can resort to filing it before the administrative judiciary courts.

: International mechanisms are an important means of ensuring respect for international humanitarian law that aims to protect and assist victims of armed conflicts, by monitoring violations that may occur during these conflicts documenting them, submitting them to the relevant authorities, and publishing them through various media outlets, which may contribute to creating international pressure and deterring those parties from continuing their violations. These mechanisms may include international governmental organizations, represented by the united nations and international judiciary bodies, which are keen to implement the rules of this law,develop them,and prevent their violation.in addition to international non governmental organizations, represented by human rights organizations such us the international committee of the red cross and amnesty international.

The legal protection of religious diversity within human rights is complex and evolving, and the resurgence of religiously motivated claims points to the need to better define the relationship between legal protection of human rights and religious diversity. Current laws and regulations come from different historical or national contexts, creating a confusing landscape that requires better identification of the protection afforded by the different rights involved. Debates and controversies over religious diversity are important features of the social and political landscape of states. Each has historical and contemporary forms of these debates that have had a significant impact not only on the structures and forms of governance but also on the identity of each state as it has grappled with, and continues to grapple with, religious diversity and the issues it raises. This study provides a comparative analysis of the state and religion across states. In light of our classification of patterns of governance of religious diversity, we explore the convergences and divergences between the idea of religious diversity and the idea of freedom of religion, and the relationship between national identity and religion. This study uses a general normative analysis to propose that the scope of religious minorities should be extended to include any religious affiliation that does not constitute a majority of the population of a given state. This involves a shift from a model of specific protection for some minorities to one in which all minorities are protected by universally recognized rights to freedom of religion and non-discrimination.

We must, while we are in the early stages of the invasion of a new science, the world of technology, namely the science of artificial intelligence, which has begun to spread rapidly in various fields, so that all devices that were managed mechanically have begun to introduce artificial intelligence in different proportions, according to the scientific development of that country and in this or that field in its movement. It interacts with the external environment and makes smart decisions that mimic human intelli Thus, effective legislation must find solutions to this amazing development and provide legal protection for those harmed by artificial intelligence, financially, physically, and morally. In the event of a legislative deficiency, jurisprudential and legislative efforts must move to find a legal solution to possible assumptions about the damage that may befall others financially and physically, which may be caused. It has artificial intelligence.

Our study included international protection for journalists during armed conflicts, as attacks on journalists in areas of armed conflict have increased recently, Therefore, legal protection must be provided to the category of journalists present in places of armed conflicts to ensure that the transmission of facts from the ground is not obstructed, This study constitutes a detailed presentation of the issue of international protection for journalists during armed conflicts, by addressing what is stated in international charters and agreements.

The right to litigation is a right guaranteed to every person so that he can protect his rights that he enjoys. This protection, in any form, is achieved by resorting to the judiciary to achieve justice and restore the right to its owner. This right was confirmed by the Universal Declaration of Human Rights of 1948, where Article 10 of it stipulated that “Everyone is entitled, in full equality, to a fair and public hearing by an independent and impartial tribunal...” as well as what was stipulated in Article 19 of the Iraqi Constitution of 2005, which stipulated that “Third: Litigation is a right guaranteed to all.” In order for every person to be able to benefit from this right, he is obligated to follow the procedures specified by the procedural laws to achieve fair and urgent justice. The beginning of these procedures is from filing the lawsuit until reaching the ruling and the right to appeal it. Regarding the course of these procedures, there are legal actions that the opponent is obligated to follow in order to preserve the right, including the regulations and their role in resolving the civil lawsuit, which are first submitted by the defendant to answer the facts of the lawsuit filed before its due date to guarantee his right and his full knowledge of the lawsuit filed, as well as the regulations. Which is submitted during the consideration of the case and about the appeal and all these regulations as much as they are an obligation on the opponent or the opponent's lawyer to submit them, but at the same time they also protect the opponent's right and have types that differ according to the time of submission and provisions related to them stipulated by the Iraqi legislator and comparative laws and in view of the importance of this topic and its role in resolving the case, we will discuss its definition, conditions, characteristics and provisions in detail.