Journal Of the College of law /Al-Nahrain University

This study is concerned with researching one of the applications of artificial intelligence represented by the idea of predictive judiciary (justice) and the multiple uses that can result from it, some of which are specifically for the administrative judge himself, who has been called the smart judge, and others are carried out by individuals, lawyers and some companies that have entered the field of creating algorithmic programs and applications that can give preliminary (predictive) results about the case before the administrative judge. We have noticed that what encouraged and accelerated the entry of artificial intelligence applications into the field of administrative judiciary is the tendency of most countries to make judicial rulings data available and publish them electronically and free of charge to individuals and under various names, including what is called in France (digitization of the republic). This study attempted to identify the meaning of predictive judiciary (justice) and the position of Jurisprudence and judiciary from them and the possibility of using them and reviewing the most important advantages provided by the idea of predictive justice and the fears and defects surrounding its application. This study also showed the degree of relationship between using the idea of predictive justice and announcing the names of judges issuing judicial rulings and decisions and mentioning them in the text of the judicial ruling and the penalty resulting from ignoring this formality, and the extent of its conflict with preserving their security and the security of their family members on the one hand and the extent of its impact on their private lives and what they can enjoy of privacy. Finally, this study showed the position of the French and Iraqi legislators on the extent of the legitimacy of individuals using the names and identities of judges and circulating them through the judicial rulings issued by them and exploiting them for the purpose of analyzing and evaluating their judicial precedents, reaching the point of predicting the outcome of the lawsuits brought before them and presenting them to individuals for a financial consideration and with the aim of profiting from them. The position of the French legislator in this area was clear through criminalizing these actions and stipulating the punishment of their perpetrators.

The caretaker government is one of the types of temporary governments, the purpose of which is to conduct normal daily work in order to manage public facilities in the state without interruption and satisfy public needs, as changing rulers does not mean that the state stops performing daily work, so the ministry remains continuing to perform matters. Daily activities in order not to leave state institutions suffering from a state of vacuum in the state’s public institutions. Therefore, actions that cost the state new financial burdens or result in future obligations are outside the scope of the government managing daily affairs. However, the state may go through exceptional circumstances, which entails the permissibility of the minister issuing decisions that exceed the powers of this government, which entails the necessity of knowing the role of the judiciary and the position of the caretaker government and subsequent governments in the deci issued by this government.

The Palestinians faced a genocidal war against humanity that cost them an unprecedented loss of lives and infrastructure and led to the complete destruction of Gaza. Based on the gravity of the act inflicted on them, the International Court of Justice issued a decision with a set of temporary measures, which necessitated the necessity of examining the extent of this court’s competence to take such a decision. The impact of implementing the resolution on ending the war.

: The study examined the role of artificial intelligence in the promotion of public servants (In the light of the Saudi regime), the problem of the study was the legislative deficiency in the regulation of artificial intelligence technology in the field of administrative work, In addition to the conceptual shortcomings of the role of artificial intelligence in the oversight, qualification and development of the career level of the public official in which many perceive it as a means of censorship only without the positive consideration of it, The importance of the study stems from the importance of introducing advanced systems in administrative work in this digital age in line with the Kingdom's technical development policy, The study aimed to illustrate the importance of artificial intelligence in administrative work and its role in the promotion of the public servant by studying the employee's profile and identifying weaknesses and strengths in his or her capabilities to propose appropriate training courses for him so that he is eligible for promotion in public office, The study followed the analytical and descriptive curriculum. The study found many results, the most important of which were: It is: "The AI has to monitor employees by recording the entry and exit times of teleworkers, calculating actual working hours, evaluating general productivity and not only discontinuing the role of AI in monitoring and reporting but also qualifying the employee according to his need for training making him efficient to obtain promotion. The study recommended several recommendations, the most important of which: we recommend that the administrative authorities of the public institution introduce an artificial intelligence system for a course in knowing the performance and efficiency of the public official for promotion while taking caution to avoid mistakes.

The principle is that all legal actions involve the interests of the parties involved, and therefore a person may not be bound against his will, unless there are actions issued by a group of people who share a common goal and interest. Decisions are taken and actions are concluded in these cases in a collective manner. Due to the large number of people on the one hand, and the difficulty of all opinions agreeing on a single matter, the opinion of the people with the largest number is given precedence over the opinion of the people with the smallest number. This results in the minority being bound by what the majority decides, which raises the question of the legal basis that can be relied upon to justify a person’s commitment to a legal act without him having issued a will that tends to produce a legal effect. Several justifications have been presented for this, the most prominent of which is the idea of a legal personality, as these cases cannot be imagined outside the framework of a legal personality

Misleading electronic commercial advertisements via the internet are considered among the most common advertisements at the present time due to the lack of national control over them, the lack of accountability for those who practice these advertisements , and the absence of a digital media law that regulates electronic advertisements via the internet and then be held accountable when advertising in a misleading way for a misleading good or service, and in the presence of a legislative vacuum, and being satisfied with a regulatory regulation issued by the media and communications Authority in January of the year 2023, which regulates those who want to obtain a license to practice electronic commercial advertising via the internet. Penalaties are imposing peanalties on those who engage in electronic commercial advertising without a license, which leads to the emergence of unfair competition between merchants and a violation of consumer rights. Regarding the necessary means to prevent misleading electronic advertisements, the Digital Media law requires legislation that regulates these advertisements and sets limits on its perpetration and electronic documentation when purvhasing via the internet through concluding an electronic contract that preserves the rights of the buyer (consumer) when he is affected by the misleading advertisement after proving it

This paper examines the implications of ultra vires actions in Iraqi law that exceed a person or entity's legal capacity. It compares the approach taken in Iraqi civil law with the development of the ultra vires doctrine in English common law. The ultra vires doctrine framework focuses on the legal capacity of the person or entity and the good faith of a third party rather than strict adherence to the restrictions set out in constitutional documents. The ultra vires doctrine suspends the validity of transactions that exceed legal capacity until ratified, in contrast to the automatic nullity under the English ultra vires doctrine before 2006. This flexible approach based on civil law may provide a more adaptable framework for addressing such issues in Iraq, where the concept of ultra vires is not explicitly recognized. The paper also examines the position of Iraqi corporate law on directors’ powers and highlights the need for clearer regulation of ultra vires actions to protect third parties

Both constitutional and international legal theories agree on a set of requirements for a state to exist. Its foundation and existence are embodied in these components. However, the state's legal existence must be reevaluated if one or more of these components are absent for any number of reasons. A state must cease to exist if it loses some of its essential components, according to the legal presumption of its existence.
The breakdown of political structure is one of the most obvious signs of these elements' disappearance in modern times. Lack of a political authority that can exercise sovereignty and control over the full state's territory is a problem for many states. Rather, authority is frequently challenged by other groups seeking their own agendas, which prevents them from having lawful interactions with international organizations.
The unique characteristics of the state's structure and makeup are the root causes of state collapse. As a result, the legal structure guaranteeing its continuous existence needs to be consistent with the legal framework that established it and follow the relevant legal regulations. International reactions to state collapse, however, have differed and are frequently impacted by extralegal factors imposed by local reality. As a result, the international legal system must take a definite stance when dealing with certain situations.

Contractual liability is incurred if the debtor breaches some or all of his contractual obligations and this breach results in harm to the creditor. This is the principle, but in certain cases the contracting parties may include conditions in their contracts that contradict this principle.
The contracting parties can include conditions in the contract that exempt, mitigate or tighten contractual liability. This is a serious departure from what the general rules of liability require
However, this departure is justified. The principle of freedom of will, as well as social development and people's tendency to adopt flexibility on the one hand and to remove hesitation and fear of liability, have prompted legislators and judges to abandon the logic of legal strictness, so getting rid of the result of breach of obligation has become acceptable within limits that differ from one legislation to another.
Agreements amending contractual liability are considered valid as long as the contracting parties have not committed fraud or a serious errore agreements amending contractual liability in terms of their concept, types, and the resulting effects in light of the Iraqi Civil Law No. 40 of 1951 as amended, as well as the Egyptian Civil Law No. 131 of 1948 and the Jordanian Civil Law No. 43 of 1976 whenever necessary

This research deals with the issue of the state's responsibility to compensate for damages resulting from the arrest or imprisonment of individuals upon acquittal and release, as it is one of the issues that affect the essence of personal freedoms, which are among the most prominent basic rights guaranteed under national legislation and international conventions, as arrest is considered one of the procedures related to the personal freedom of individuals, but the misuse of this procedure, or its practice without legal basis, leads to severe harm to the individual, whether materially or morally.
The research focuses on analyzing the extent to which the administration can be held responsible for damages resulting from the arrest of individuals or the deprivation of their freedom and shedding light on cases in which individuals are detained for long periods before their innocence or lack of responsibility for the charges against them becomes clear. The research also addresses the legislative shortcomings in Iraq to address this problem, and studies the possibility of activating the rules of legal liability to ensure fair compensation for damages incurred by victims.
The research aims to clarify the legal guarantees that protect individuals from the aforementioned arrest cases, and to determine the legal bases through which damages can be redressed and those affected compensated

Social values represent the moral aspect of the public system within Society, and it has a pioneering role in directing penal policy towards achieving Its objectives, as it has a role similar to the penal law, as they are both Tools of social control, values determine socially desirable behavior .and undesirable, just as the law defines permissible and criminal behavior As long as values have this importance in the field of penal policy and control ?Social, what are the controls in place to determine the values considered And the non-considered, i.e. positive or negative? Therefore, we must appoint The legislator in drawing the dividing lines between positive social values
And the negative, if there are legal and social controls in determining whatIt is considered a positive value, and it is considered an invalid value, i.e. .negative value
In the eyes of law and society. The will of the legislator, which is the basis of every penal rule, represents a reflection of the will of society. Perhaps one of the most important tasks undertaken by the legislator in society is to criminalize worthless acts and call on individuals to embrace positive values such as cooperation, honesty, loyalty and truthfulness, in order to direct society towards achieving the desired goals of the penal policy followed based on their positive values; because social values and interests exist in society even if there is no legal system, and the role of the law is initially limited to revealing them and regulating them to prevent their conflict with each other on the one hand, and with public order and public morals on the other hand. But what is the position of contemporary penal policy on the social values prevailing in society

Administrative organization methods in modern countries vary between administrative centralization and administrative decentralization, but in reality there is no country that adopts the centralization or decentralization system absolutely, as the majority of countries mix the two systems in varying proportions. The country that mostly adopts the administrative centralization method in its organization is considered one of the administrative centralization countries, but if the country mostly adopts the administrative decentralization method in its organization, it is considered one of the administrative decentralization countries.
The Kingdom of Saudi Arabia adopts both systems together, administrative centralization and administrative decentralization, in accordance with the nature of each facility. An example of this is that the Kingdom of Saudi Arabia adopts the administrative centralization system in vital and strategic facilities, such as: the security, defense, and judiciary facilities, and works with the administrative decentralization system in other facilities such as universities. This is what the research will include in explaining administrative centralization and decentralization and their applications in the Kingdom of Saudi Arabia.

Women's issues in general have received special attention in recent times, through supporting their cultural, social and political level, while highlighting the role they play within the family or society. Empowering women to participate in development has become one of the most important contemporary issues on the global level, as empowering women is one of the most important influences on which the progress and advancement of nations is measured. The integration of women into economic activity and the increase in their participation in the labor market leads to the achievement of many economic gains, including obtaining employment opportunities that provide them with a permanent source of income, as well as achieving the optimal exploitation of human resources established at the national level, which leads to reaching economic growth rates, and raising women's competitiveness in the labor market in light of market economies, privatization, globalization, and reducing unemployment rates. Women's economic participation is considered the basic pillar for achieving sustainable development. Women's participation in economic growth drives the wheel of economic growth and progress, as women are not creatures seeking mere survival, and the projects undertaken by women, whether small or medium-sized, contribute positively and effectively to strengthening national economies. Economic empowerment aims to eliminate women's economic dependence by increasing their participation in the labor market, supporting them while benefiting from the returns of their participation in development and increasing their ability to rely on themselves to contribute to economic activity. The issue of discrimination against women is a problem that threatens our national, economic, social and political security, and this is clearly evident in the distribution of opportunities. The issue of women’s disempowerment is often a social trend derived from the customs, traditions and values prevailing in society, and it still constitutes a cultural heritage that has a great impact in this area. This hinders women’s involvement in the fields of comprehensive development, and the forms of discrimination are multiple, and it is in many forms, including inherited cultural and social factors. Many studies indicate that the social and value heritage is biased against women’s participation in political life, and some of it goes back to women themselves. Some studies indicate that some psychological, personal and physical characteristics prevent them from engaging in the political field. Based on the above, we can pose a question to try to identify the obstacles that prevent women’s empowerment in all areas of life, and whether the legislative laws in the Iraqi state regarding women’s empowerment are consistent with the reality of the problems that women face economically.

Law No. (20) of 2009, as amended, addresses administrative responsibility for compensating victims resulting from military operations, military errors, and terrorist acts. This law seeks to provide a clear legal framework that guarantees the rights of affected individuals by specifying the necessary steps for submitting compensation claims and the mechanisms for processing them, The law includes the establishment of specialized committees to assess the damages arising from these events, contributing to the achievement of justice and facilitating victims' access to their entitlements. It also imposes specific responsibilities on governmental bodies and armed forces to ensure the necessary support for victims, emphasizing the importance of legal and administrative guidance in this context.This law enhances the concept of social justice and contributes to building trust between citizens and the state, as it provides financial and moral compensation commensurate with the extent of the damages suffered by victims. Through the implementation of this law, the state aims to promote social stability and mitigate the impacts of the crises experienced by the country, making it an important step toward protecting human rights

Civil liability is a fundamental legal concept aimed at compensating damages resulting from harmful acts, whether intentional or unintentional. One of the issues raised in this field is "repercussive damage," which affects a person due to the injury or death of another individual with whom they have a specific relationship, such as kinship or cohabitation. This topic raises questions about whether repercussive damage is independent of the original damage and whether it deserves separate compensation or is merely a consequential harm that lacks legal autonomy?

Brain fingerprinting is considered one of the modern technologies that rely on artificial intelligence, and brain information can be obtained accurately without resorting to complex and multiple procedures or questions that constitute an embarrassment to a person or violate his human dignity. Brain fingerprinting also gives immediate and accurate results by identifying whether a suspect or a criminal is He has information about the crime or not by placing the suspect in front of the computer screen. The investigating judge or investigator is in front of the other device, recording the result of the investigation in the light of zigzag lines. The device connects to the suspect through sensitive wires to measure the effects that will occur to him by displaying pictures of the crime scene. Or the tools that were used to commit it.

The physical safety of the human being is a goal that international agreements and national legislation have worked to ensure its achievement, and criminalize any act that may affect it. The human body has an infallibility that prevents it from being a place for experiments or actions that affect safety in general.Although the origin of physical safety is that it initially emerged in the criminal environment, this does not mean that civil laws have been devoid of establishing a type of protection that aims to preserve physical safety. Civil laws have arranged the penalty of compensation for every person who caused harm to others through his activity, and this protection was not limited to civil laws only, but private laws such as the Public Health Law also played a role in establishing protection for the physical safety of the individual.However, the progress in technical fields, especially in the medical field, encouraged some practices that represented a violation of a very important principle, which is the protection of the individual’s body. The technical development in the medical field was accompanied by the violation of many prohibitions that in themselves represent prohibitions according to criminal laws, starting from the trafficking of individual organs and reaching the prohibited medical experiments that make the individual a field for experimentation. Criminal legislation, whether public or private, has been keen to draw boundaries for medical work in order to prevent the occurrence of actions or errors by the doctor that raise their criminal liability.