Risalat al-huquq Journal

the administrative activity carried out by the publi administration, and out of concern to keep pace with developments on the practical level, and to meet the urgent needs in providing public facilities to satisfy public needs, and in order to achieve this, the administration must establish the necessary controls to determine the administration’s behavior when concluding them. For various administrative contracts and also determining the behavior of the second party, represented by the contracting party, in order to maintain cooperation and balance between the contracting parties in accordance with the law, as neither party to the contract is allowed to achieve financial gain at the expense of the second party when they conclude any administrative contract to establish any public facility that the administration needs for the purpose of Providing the services that the population needs, whether at the local level or at the national central level within the framework of the state itself.

The legislative authority is the competent authority to enact legal legislation, and these legislations or laws aim to meet society’s need for them, and to be understandable and clear to those who are addressing them. However, these legal legislations, over time, need to be developed and lived to keep pace with social, economic, and political developments, and this happens in the legislative transformation, i.e. Amending, abolishing or reforming legal legislation in order to keep pace with developments and achieve legislative justice in society without exposing them to hardship and causing them to lose confidence in the state and its laws. Therefore, the laws must be clear and aim to achieve legal stability and reassurance in society.

The motive or what is called the cause in positive law is one of the pillars of the contract. It is a psychological matter that moves the will towards the contract. However, this psychological matter is subject to change. Sometimes the change occurs in the presence of the motive, so it is present at the moment of concluding and negates at the moment of execution, or it may not exist at the moment of concluding. It is found upon implementation.
And at other times, a change occurs in the legality of the motive, it may be legitimate at the moment of concluding and change to illegality at the moment of implementation, or the opposite may occur, and this change has a great impact on the ruling of the contract, especially in the judicial truth that the judiciary reaches in resolving the dispute over the contract, as the matter depends on Evidence of the existence of the motive and its legitimacy and the extent of the change between the factual truth and the legal truth.

Despite the efforts of the international community to protect the victims of armed conflicts, the heavy victims of the First and Second World War have caused the deaths of millions of people, and the phenomenon of war and violence has not stopped until now, the lives of millions of people end in armed conflicts and a large number of victims are buried in mass graves that are difficult to reach and properly buried, and the fate of some of them remains unknown for a long period of time.
Several provisions have been contained in the Four Geneva Conventions of 1949 and in the Additional Protocols of 1977 concerning the due protection of the bodies of the dead, as well as in some customary rules to enhance such protection, and the advantage of such protection is that it continues even after the end of the armed conflict.

The priority right to subscribe to shares is an important source of financing for capital companies. As many money companies are keen to offer them, with the aim of obtaining cash liquidity that will help them expand their activities or cover some of the losses they may have suffered, as it is established that every shareholder has a priority right to subscribe to the shares issued by the company in an amount that is commensurate with the shares he owns, And that this right is only to increase the capital by issuing new shares. Especially since the process of issuing these new shares, which are subscribed to when the capital is increased, leads to the addition of new shareholders to the company, which affects the position of the old shareholders, so the company is forced to give the old shareholders some privileges so that they can subscribe to these shares, so the company is granted the priority right for them.
Through the foregoing, we try in this study to stand on the most important legal conditions for this right to provide the legal framework for subscription to shares.

Contracts were created for the sake of achieving the interest of the contracting parties, and civil law has regulated a category of contracts because of their importance in the field of dealing, so they have their own names indicating the general goal that is reached through their conclusion, and the civil law has meant in the division of contracts that are named into categories according to the general goal in which it participates so it is divided into contracts of transfer of ownership, such as sale, gift, loan, etc., and contracts for the transfer of a benefit, such as rent, deposit, and work minds, such as the agency contract, and so on. That is, the contract exceeds its original goal to another goal, for example, the rent contract whose general goal is to transfer the benefit of the leased property to the lessee in exchange for a cash fee, what if the rent is agreed upon owning the material thing, Would the lessor owns the material thing as the lessee’s usufruct of the leased property? would the lease contract infringe on ownership? this infringement of the contract raises the problem of researching whether or not the infringement is legal and what are the characteristics and conditions that must be met in such an agreement in order for it to be considered an infringement of the contract.

Cyber terrorism refers to the use of digital technologies, such as computers, networks, and the Internet, to carry out terrorist acts. It involves the deliberate exploitation of vulnerabilities in computer systems or networks to cause harm, create fear, or disrupt critical infrastructure.
Cyber terrorists use various tactics, including hacking, spreading malware, conducting distributed denial-of-service (DDoS) attacks, and conducting information warfare; Their goals typically include causing massive damage to computer systems, disrupting essential services, stealing sensitive information, or spreading fear and panic among the population.
The targets of cyber terrorism can vary widely and may include government agencies, military installations, financial institutions, transportation systems, utilities, healthcare organizations, and other critical infrastructure sectors. The motivation behind cyber terrorism can range from political or ideological agendas to financial gain or simply causing chaos.
The consequences of cyber terrorism can be far-reaching and serious. It can lead to significant economic losses, endanger national security, disrupt essential services, and endanger lives. Governments, organizations, and individuals alike invest significant resources in developing cyber security measures to protect against cyber terrorism . and mitigate its potential impact

The subject of waiver of the right to challenge the Cancellation lawsuit is one of the procedural issues in the administrative law, which was not regulated by the Iraqi legislator in the amended State Council Law No. (65) for the year 1979, but was referred to briefly in the Civil Procedure Law No. (83) for the year 1969 as amended and with brief references That is why we have dealt with this subject, hoping that the Iraqi legislator will pay attention to it and calling on him to establish substantive and procedural laws for the Iraqi administrative judiciary that regulate all procedures in the text of one law, similar to the French legislation that has the upper hand in developing administrative law. The subject of the study is concerned with defining the waiver of the right to appeal against judgments issued in administrative cases in general and the annulment case in particular, and focusing on the legal texts that dealt with this subject, whether in Iraq or the countries under study and comparison, France and Egypt, as well as addressing the most prominent implications of this. Kind of waiver, pointing to the position of the administrative judiciary in each of the above.

right to vote in particular play into the affirmation of all in the elected councils and the strengthening of relations with disdain relations flourished with the assembly, which showed the need to adapt the legal system to those crews of technological development and to communicate with each other through the link between management and work on each other in each other.
Which showed the need to surround him with a number of guarantees that ensure the proper conduct of the voting process, the most important of which is monitoring the voting of voters abroad, through the appointment of international and local monitoring teams that monitor the voting process and ensure that the electoral administration adheres to international standards. In conclusion, we concluded that voting control plays an important role It is effective in maintaining the integrity of the voting process, so we suggest that it be taken care of and effectively organized in the core of the electoral laws.

Among the challenges facing the Kurdistan Region after the adoption of the federal system are related to the nature of the political system followed in it, which results in the existence of a problem that involves two main dimensions. The first relates to the way the political system works and the exercise of power in it, represented by the non-democratic experience and the weakness of the political background. And the resulting negative repercussions on the political, administrative, economic, etc. levels due to the dominance of the main ruling parties. The second dimension relates to the form of the political system adopted in the controversial region. Is it a parliamentary or presidential system? Which results in political and geographical division at a time when it lacks a constitution that defines the powers of the authorities and the scope of their competencies, which has led to relying on ordinary laws only to carry out their tasks. In order to combat administrative corruption in the Kurdistan Region, laws must be legislated, activated, implemented, and translated into practical reality, in addition to the Kurdistan Regional Government undertaking many activities and taking many effective measures. Most important of all, is working to implement the laws in the Kurdistan Region in a manner Comprehensive, and applies to all citizens without exception or discrimination, so that we can achieve the rule of law and the submission of all citizens to it, regardless of their job or social status.

Smart contracts appeared, after the technological revolution that the world is witnessing today , which gave rise to the block chain technology, and the latter allowed the smart contract to exploit all its capabilities, so that individuals could conclude whatever contracts they wanted through the block chain platforms, and these contracts are executed automatically and without the need for The broker guarantees the execution of the contract. has raised the problem of determining their legal nature in terms of being a contract in the legal sense, or is it just a procedure. In this research, we have tried - after defining the concept of smart contracts and their relationship to block chain technology - to prove that smart contracts are contracts in the legal sense, as they have all the contract's pillars of consent, eligibility, place and reason, with the possibility of subjecting them to the general provisions of traditional contracts.

The establishment of the author’s moral right results in various privileges or powers. These powers are derived from the moral right itself. They also express in their entirety the content of this right, or are considered a manifestation of the complete domination that this right grants to the author, because it is common and generally accepted. Traditionally, literary rights grant their owner different powers over the work, and these rights, which are expressed in the content of literary copyright, are embodied in two groups of rights. The first group: It is undertaken by the author before the process of publishing his work, and is represented by: Firstly - the author’s right to decide to publish his work, and secondly - the author’s right to attribute the work to him. As for the second group: rights are granted to the author after the process of publishing his work, which are: First - the right to withdraw the work from circulation. And amending it, and secondly - preventing infringement of the work. Therefore, we find that the content of these rights expands within the scope of countries that adopt the Latin system, and somewhat narrows within the scope of countries that adopt the Anglo-Saxon system.

The process of political stability aims to achieve peace and end the conflict in a way that contributes to strengthening the unity and stability of the state. Therefore, the state-building process is defined as a measure aimed at developing the capacity of the state, its institutions, and its legitimacy with regard to an effective political process for the conflict over mutual demands between the state and societal groups.

Cybersecurity constitutes the basic rule that all countries work to guarantee and maintain alike, as they seek to secure the basic requirements through which their security is continuously ensured, in addition to the countries defining the means, measures and mechanisms that contribute to confronting cyber threats, attacks and challenges, and because cyber security represents The scope that the international community seeks to achieve in the modern era.There is no doubt that the world is witnessing many profound transformations as a result of the rapid growth in electronic networks, which led to the emergence of new forms of relationships and various activities. Modern information and communication technology has brought about a comprehensive revolution in all aspects of economic, social, political and cultural life. The dominance of information and communication technology over public life has increased, so we are facing real challenges through the Internet in its various forms. On this basis, the concept of cyber security has evolved in light of the development of information technology. Defining cyber security can be considered the highest challenge to national and international security, given that cyber threats are transnational, which requires International cooperation to combat cyber-attacks, and this comes through the conclusion of international, regional and global treaties, as well as the enactment of national laws that keep pace with international legislation to address cyber-attacks and secure national and international cyber security.In this research, we have presented a definition of cybersecurity in the first requirement, while we have dealt in the second requirement with legal measures for cybersecurity.

If the Civil Procedure law is described as a formal law, and its legal rules regulating the procedural form have a peremptory characteristic, then logic requires that the judge have an effective supervisory role in working to respect the application of these rules, so that they gain their effectiveness that is consistent with their importance in the proper performance of justice. Every procedural legal rule has its typical premise that procedures must be carried out in accordance with it so that its legal effects can be achieved. The rule regulating the form does not achieve its effect if the judicial procedure is carried out in violation of its typical premise that the legislator previously specified.
Therefore, this study came as a modest attempt to shed light on the nature of the judge’s oversight of the procedural form, and the points of strengths and weaknesses of the subject, in order to find mechanisms and means that give the judge a major role in monitoring the validity of the procedural forms in order to avoid imposing the procedural penalty.

Jurisprudence and the judiciary do not stop finding practical solutions to some procedural problems based on principles enshrined in legislation, the most important of which is the principle of simplifying procedural formality. Because of the effects of formality that can extend to the substantive rights to be protected, the dispute with the deceased, whether by filing a lawsuit or ruling against him, was the last thing brought about by some decisions in establishing a new principle that gives practical solutions away from adherence to traditional procedural principles.

يتناول هذا البحث موقف القضاء العراقي في كيفية تنفيذ الاحكام الاجنبية والاعتراف بها وفق اتفاقية الرياض الخاصة لعام 1983، وان لها آثاراً قانونية تؤثر سلباً على مختلف جوانب الحياة للعراقيين الذين يحصلون على حكم قضائي امام المحاكم الاجنبية وكيفية تنفيذه امام المحاكم الوطنية للحصول على حقه المنتهك، وهذا يعني ان سلطة الحكم يمكن ان تمتد الى خارج حدود الدولة التي صدرت محاكمها والتي سيتم تنفيذ الحكم فيها على اراضيها.ان مسألة تنفيذ الاحكام الاجنبية طريق للوصول الى تحقيق التعاون القانوني والقضائي بين الدول، وطريقة من طرق التقارب فيما بينهم وان تنفيذ الحكم الاجنبي لا يكون الا بعد منحه الصيغة التنفيذية وفق شروط محددة نظمها المشرع العراقي في قانون الاجراءات المدنية والادارية وكذلك ما وصفته اتفاقية الرياض من احكام وشروط التزمت بها الدول التي صدَقت عليها والتي تتعاون فيما بينها كنوع من التعاون القضائي الدولي.

Protecting women’s rights and ensuring that they enjoy a decent life together , means that they gain the ability to produce and participate actively in society, and this comes through providing international protection that ensures women enjoy a safe and dignified life free of all forms of racial discrimination, and here the CEDAW International Convention came to set the basic rules. Through which it supports women and works to improve their role in society, in a way that supports their steps in all political and economic fields, which were classified as the exclusive domain of men.

The impact of administrative corruption on the public budget is an issue that encompasses the effect of dishonest and illegitimate activities and behaviors in the management of public resources on the financial health, efficiency, and transparency of the government's budget. In general, administrative corruption has a negative impact on various aspects of government resource management, affecting financial sustainability and government effectiveness. If corruption is not combated, and integrity and transparency are not increased in government administration, it can have a detrimental effect on the economy and society as a whole.