TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: Artificial intelligence is the latest form of technology that humanity has sought since ancient times to reach. Human imaginations develop mechanisms that have the ability to analyze, and during the twenty-first century we have moved from imagination to reality. It provides humans with new opportunities to improve their lives and provide valuable contributions to help humanity, starting with... Treating cancer, finding solutions to climate change, and enabling them to have a decent life by preserving their basic rights, but attention has also focused on the potential risks associated with artificial intelligence. It is considered a factor that could lead to mass unemployment, but there is one issue that has not received the same level of attention, which is the possibility of terrorists exploiting artificial intelligence technology as a tool to enhance their capabilities and implement their destructive agendas on a large scale

Abstract: The conclusion of the pleading and the pronouncement of the ruling in the criminal case is not the last stage that the case goes through, as this represents the end of the role of the court competent to hear the case from a procedural standpoint, and the beginning of a new stage represented by the post-trial stage, in which the appeal against the ruling issued is one of the important matters from those who authorized it. The law provides the right to appeal before a higher court than the court that issued the ruling, and the wisdom seems clear in opening the door to appeal against rulings in order to avoid errors that may mar the ruling, whether procedural or substantive errors. Appeal is also an important guarantee that provides higher judicial oversight over the courts that have jurisdiction. When considering lawsuits, the appeal represents the legal treatment of errors that may occur in the criminal judgment and cause harm to the parties in the relationship, which could be the result of the court’s error in following the proper procedures, or failure to estimate the value of the evidence on which the court relied.
There are two types of appeal methods: ordinary methods and extraordinary ones. The ordinary methods are represented in Iraqi law by one type, which is the objection to the absentia judgment, according to which the case is reconsidered again, and testimonies, statements or experts are heard and the procedures related to the parties to the criminal case. As for the methods Extraordinary ones are the ones that cannot be used and appealed against criminal rulings and decisions except in special cases that are mentioned exclusively, and what should be raised regarding matters related to the law and its application only. Also, this method should not be resorted to if there is room for reviewing rulings through ordinary methods. These methods are cassation, correcting the discriminatory decision, and retrial. Penal laws often combine ordinary and extraordinary methods of appeal, including the Code of Criminal Procedure No. (23) of 1971 (amended). As for the Military Code of Criminal Procedure, it stipulates the methods of appeal in Chapter Six of it, which are cassation, correcting the discriminatory decision, and retrial. It does not stipulate objection to the ruling in absentia as one of the methods of appeal, but rather stipulates it in Chapter Five under the name of trial in absentia.

© 2023 TUJR, College of Law, Tikrit University

Abstract: The reasons that prompted us to explain the nature and content of the damages to human life and the safety of his body resulting from infection with the Corona virus 2019 (covid19), especially that we moved in our study to a new system that covers compensation for all damages to human life and body safety resulting from infection with the virus, we say that despite Of the importance that a person enjoys, whether in his life or the safety of his body at the level of internal and international laws, and despite the extent of the types of damage that a person is exposed to in his life and the peace of his body, and despite the importance that a person enjoys, there is a problem of infection with the Corona virus 2019 (covid19) that prevents it from happening For full compensation and reparation for the damage. As the state is legally obligated to pay the injured person this compensation to the extent of the harm caused by the crime, not to the extent of the victim’s need or level of social income and without the need to prove the state’s failure to prevent the harm.

Abstract: The judiciary had a prominent and constructive role in the development of the principle of finality in the rules of conflict of laws, so the role of the judiciary is no longer limited to the automatic and literal application of the legal text, but it exceeded that role through diligence and creating appropriate solutions to give itself space in developing the path of some legal texts that were stagnate and no longer appropriate Due to new and emerging developments at the level of international private relations, as the role of the judiciary centered in developing the principle of finality in two aspects, namely, the existence and absence of the legal text, which was reflected in the position of the legislation that adopted and codified what the judiciary tended to with its legislative texts to dress it in the new dress to be appropriate and harmonious with these developments

Abstract: Determining the legal nature of endowment ownership is of the utmost importance to determine the legal system applicable to endowment property, in order to resolve disputes arising out of this property or in relation to it, because endowment ownership is one of the most important legal actions that an individual undertakes in his life situation. The legal nature of endowment property requires us to research first the definition of endowment property in law, and secondly, research the nature of this type of property.

Activating the human dimension in wars has become one of the requirements for preserving the lives and property of combatants, especially after they fall into the hands of opponents on the battlefield. This activation stems from a necessity in crime based on balancing the constitutional value of rights and freedoms and the social philosophy rooted in society, as well as harmonizing what has been committed to. The state authorities engage with the international community through the legitimate international agreements it has concluded, ratified, or acceded to, which is inevitable.
Prisoners of war are among the categories that the national legislator must surround with protection, given the psychological state they suffer from the moment they fall into the hands of opponents during battles, and that extending protection is not limited to lives, but extends to their property, and criminalizing the theft of a prisoner’s property is one of the forms of protection for the property of this category, and for this reason The crime is subjective, distinguishing it from other suspected types of crimes against property. It also has special elements in its physical element, which are the characteristics of the perpetrator and the victim. It is a crime of special intent, which is the intention to possess property. Protection must also be extended to the prisoner’s property, weapons, and equipment, as well as The attempt to commit this crime must be explicitly criminalized.

Abstract: In light of the current development witnessed in the field of artificial intelligence today, which casts its shadow over various aspects and fields of life in a manner that almost renders it an urgent need for certain financial tasks, such as at the very least, general budgeting, we wonder about the potential effects it could have on the general budget if used in its preparation and organization. The latter consists of two parts: public expenditures and public revenues. AI can be used to facilitate the process of collecting some of the public revenues, such as taxes, combating cases of tax evasion and avoidance, and facilitating tax transactions. Moreover, AI can be used to avoid accounting errors that may occur in the processes of estimating and even implementing the general budget. This is achieved through its software, which has a high capability to prepare tasks, as well as to generate revenue for the state. However, the massive financial allocations and specialized personnel required for the use of "artificial intelligence techniques" can be initially stumbling blocks to the use of these technologies. Therefore, it is imperative for the Iraqi state to pay attention to the importance of these programs by allocating funds to support and encourage this sector, for the public good, facilitating the state's affairs and life, especially considering its constitutional and legal implications in Iraqi legislation.

Abstract: Every legal system is more important in the hearts of litigants when it achieves justice between them, and from here it becomes clear to us that the conclusion of the pleading in a civil case is of great importance when practicing civil procedures. The Iraqi legislator provided some legal texts that indicate some procedures at the conclusion of the pleading, but those texts were not The legal framework is sequential and simplified for the opponents and the court judge, and this is what makes these procedures subject to a defect by the court during the conclusion of the pleading and before pronouncing the ruling, so these procedures are vulnerable to veto by the opponents during the appeal. This is what made us embody these procedures with an integrated theory and address their problems with a simplified study.

Abstract: This research deals with the method of doing the electronic testimony in the Iraqi law, Jordanian law, UAE law and dealing with other laws as example. The purpose of this explanation is to the show the possibility of providing testimony by using electronic means in the Iraqi law in dealing with civilian cases especially after the recent statements issued by the Iraqi Supreme Judicial Council. This research also deals with how the Iraqi Supreme Judicial Council legalize using testimony and electronic means. It came with conclusion of possibility of resorting to the Iraqi courts to emphasizing the necessity of regulating this issue legislatively.

Abstract: Climate change represents a global challenge that all countries face jointly. As a result, the international climate protection system went through three stages of negotiations to confront that challenge. The first stage culminated in the adoption of the United Nations Framework Convention on Climate Change during the Earth Summit in Rio de Janeiro in 1992, with the aim of stabilizing the concentration of greenhouse gases is at a level that prevents dangerous human intervention in climate change. The second stage is the adoption of the Kyoto Protocol in 1997, and the third stage culminates in the adoption of a new global agreement to succeed the Kyoto Protocol, namely the Paris Agreement on Climate Change 2015, which is considered a breakthrough in the field of international environmental law. With the obligations and provisions, it contains for all states parties, especially developing ones.

Abstract: Civil liability issues are hardly devoid of innovations that occur as a result of scientific progress. What human needs raise and what technical development contributes are two factors in extending civil liability with many research issues that make the desire to grow in the souls about establishing these new developments and trying to establish legal them, and from These issues are related to artificial intelligence innovations that have become a tangible reality today as a result of the direct intervention of these innovations in various health, economic and military sectors, as although these innovations are distinguished by superior accuracy and software, they are in the same nature that they cause damages that are often due to a manufacturing error. Which makes or imposes legislative intervention to regulate the harms of these innovations to individuals

Abstract: The human rights enjoyed a considerable significance in both the international covenants and national constitutions. Including the human right of the natural recourse to the adjudication or judiciary. Which is considered one of the basic principles in the criminal law, because it contains the guarantee of the just trial of each accused in front of the competent judge. Besides the availability of all the legal guarantees ratified by the constitution and law. In order for the competent judiciary to be natural, many elements must be satisfied, in front of which the establishment of the court, and the determination of its competence and jurisdictions, before the crime is committed according to a law. And this court should be permanent, with sufficient guarantees for the independence and neutrality of the judiciary towards both the legislative and executive authorities. In order to preclude any form of subordination or tendency to any external. It is worth-noting that the constitutions and national criminal laws in Iraq and Egypt adopted a varied attitude in ratifying this right expressly, in spite of their emphasis in institutionalizing the deep-rooted guarantees, which realize a just trial or adjudication, when the accused appears in front of the court. Considering that there are many forms of the violation of the human right of the recourse to the natural adjudication, represented by the establishment of the special and extraordinary courts, devoid of the simplest ingredients of justice and independence, which constitute a blatant violation of the human right of the recourse to the natural adjudication.

Abstract: Judicial oversight of the administration’s work has a major role in protecting the principle of legal legitimacy. However, this oversight cannot be achieved without legal means through which the judiciary monitors the work of the administration. These means are appeals submitted by individuals, which relate to a request to cancel an administrative decision that is defective, or in violation of the law or The matter is related to compensation for it, as the administrative judiciary has effectiveness in canceling these decisions, but this effectiveness is governed by some considerations related to the legal system followed in the state, whether its space system is unified or dual, and with regard to decisions related to nationality, the administrative judiciary monitors those decisions with regard to refusing to grant nationality or Withdrawing or dropping it, and even in the issue of recovering it, so we will address what we mentioned according to a research plan in which we will explain some of the judicial applications to those decisions.

Abstract: Through the current study, we seek to explain the system of federalism in the new Iraqi constitution of 2005 through a theoretical study of the concept of the federal system existing in many countries, and in its practical aspect, we present the most prominent aspects related to this system in Iraq after 2005. The study reached a set of results. Most notably: Implementing federalism will enhance the concept of political, economic and administrative participation, which is considered sufficient to achieve political stability in Iraq. The most appropriate system to apply in Iraq is to establish a federal system according to administrative and geographical foundations, as is done in most of the successful federal experiments in the world.

Abstract: The protection of human rights became a decisive goal after World War II and the Universal Declaration of Human Rights, as it became a central issue of international concern as inherent and established human rights for all human beings without discrimination on the basis of color, sex, belief, or any other discriminatory criterion. However, achieving social welfare, economic progress, and technological development had a direct impact on human rights. Artificial intelligence technology was of great importance at the international level for development, sustainable development, and human well-being on the one hand, and on the other hand, it constitutes great importance in the arms race, such as drones, which makes it a means of threat and armed extermination among people. And the matter becomes more dangerous if we take into account that it - artificial intelligence technology - is at the highest level in developed countries, while it is represented in a primitive way in developing countries, which also makes us part of a new invasion of the major countries into developing countries, which is the electronic invasion and control of the state’s capabilities in the field of technology in particular. With environmental changes and the need for green technology to ensure the protection of the environments of developing countries from climate change. Today, it is necessary to find a standard framework for dealing with this technology in a way that ensures that it does not infringe on human rights, and even makes it a means of ensuring respect for human rights.

Abstract: The phenomenon of foreign expatriate Labor has become one of the phenomena that many Arab countries resort to today, especially Iraq in the last two decades after its openness to the world and an attempt to upgrade economic activity by using such labor, but this may be reflected negatively on the practical reality because the legal regulation was not sufficient to absorb such labor and the legal consequences which handled the work of The foreign worker in Iraq, which is contained in the Iraqi labor law in force, in order to find a precise legal regulation regulating the entry of an expatriate foreign worker, and how to enter the territory of the Republic of Iraq with a special work attribute granted to him in the light of an employment contract and the necessary leave and license resulting from it, in light of the competence and technical experience enjoyed by that worker in some cases, as well as the issuance of special instructions to apply the provisions of the aliens law.

Abstract: Artificial Intelligence is used in a wide range of industries and affects almost every aspect of creativity. Artificial Intelligence is increasingly contributing to important developments in technology and business. Artificial Intelligence is used in a wide range of industries and affects almost every aspect of creativity. The growth of artificial intelligence is fueled by the availability of large amounts of training data as well as advances in high computing power at an affordable cost. Artificial intelligence intersects with intellectual property in a number of ways. Some of them are related to industrial property among them are what are known as integrated circuits and industrial models. The growth of artificial intelligence in a range of technical fields raises a number of basic questions regarding intellectual property. The main focus of these questions is whether the existing intellectual property system needs to be modified to provide balanced protection for works and innovations created by machines, artificial intelligence, and data generated by machines. Artificial intelligence depends on it, due to the rapid and massive intervention of artificial intelligence in many fields to the point of imitating the human mind, which requires consideration of this subject and giving it sufficient attention to study this amazing pattern in order to preserve intellectual property rights in its literary and industrial sections, even if we pay attention in this research to one of the images that It is necessary to protect them in light of artificial intelligence, which are integrated circuits and industrial models that industrial property regulates and protects

Abstract: The research aims to explain the concept of the phenomenon of begging and the reasons leading to the increase of this phenomenon, while explaining the legislative confrontation of the Iraqi legislator in combating this phenomenon, as begging is one of the acts that has a negative impact on the progress of society and the deviation of some of its perpetrators, and the concept of begging has several dimensions, including social, economic and legal Yes, it is understandable Begging: From the social aspect, the practice of begging is considered one of the acts that deviate from the norms and values specified in the social system. As for the economic aspect, this phenomenon has a direct impact on the spread of unemployment and damage to the country’s economy. As for the last aspect, it is the legal aspect, as the practice of begging is considered a departure from the authority of the law. He considered the act of begging a crime punishable by anyone who practices it, so it was necessary to work to remedy this phenomenon and prevent it from spreading.

The preliminary negotiations stage before contracting is considered one of the most important stages between contracting parties, as it helps each. Negotiating parties need to know the obligations incurred by each party, where. Through negotiations, it is possible to agree to conclude the contract completely, and issues may be agreed upon .Essential and leaving the others for a while, the basic goal of negotiations is positive correlation By acceptance until it creates a legal effect represented by the conclusion of a final contract.
The period preceding the contract includes a number of preparatory work, operations, auditing and feasibility Economically, this requires providing adequate protection to contractors at this sensitive stage before concluding a contract. The prelude is not a contractual agreement, and the Iraqi Civil Code did not include detailed legal texts regulating the stage Due to the difference in the nature of negotiations from one contract to another, as the legislator did not regulate Special texts for this stage, leaving it to the general principles that govern the actions of the contractors during it.

Abstract: The study of the interpretation of legal texts is characterized by great importance, given the issues and problems that interpretation raises in practical life, and the serious legal consequences resulting from it. The subject of interpretation has raised many points of difference in viewpoints and many debates and debates about determining the precise and specific meaning of interpretation, which is meant by the interpretation of texts. Clarifying the ambiguous words of the legislation, completing what is brief in its texts, and reconciling its contradictory parts. Interpretation is considered a thoughtful rational and scientific effort intended to determine the meaning and scope of the legal rule to make the laws fit for practical application in special cases. Accordingly, every effort made in this field within the fundamental, linguistic and logical rules is considered an interpretation. Accordingly, the interpretation of laws comes in the legal system after the legislative process, to be the link between the legislator’s speech and the lived reality

Abstract : Iraq's labor law lacks protection for workers' invention rights, hindering innovation. The government should reform labor laws that create a conducive environment for individual development. Legal frameworks such as intellectual property protect inventors' rights, promoting innovation and balancing the interests of inventors, consumers, and society. The WTO's accession has prompted countries to revise and amend their intellectual property laws, including patent laws, to comply with the TRIPS Agreement. Labor and patent laws balance workers' rights to inventions and employers' interests, with some jurisdictions considering employee-created inventions as employer property. Balancing the interests of employers and workers in the workplace is crucial. Legislators and policymakers aim to protect workers' rights to inventions while respecting employers' legitimate interests. Legal frameworks may be established to address this issue, including disclosure, ownership, compensation, and dispute resolution mechanisms. Protection of workers' invention rights is crucial for workplace fairness, innovation, and creativity, as it incentivizes active engagement, benefiting employers and society as a whole. The issue of workers' rights to inventions involves navigating the complexities of labor law and patent law to ensure a fair and equitable balance between the interests of workers and employers. By incorporating provisions into legislation that protect workers' rights while also respecting the legitimate interests of employers, policymakers can create a legal framework that promotes innovation, productivity, and harmonious workplace relations. Intellectual property rights are often transferred to employers, but moral rights remain with the inventor, and understanding legal effects is crucial for fairness and preventing misuse. The classification of patent rights disputes between workers and employers depends on factors like the invention's nature, employment contract terms, and the legal framework. Labor Law governs employer-employee relationships, while Patent Law deals with intellectual property rights enforcement. The research uses an analytical approach to analyze legislative texts, compare them with other jurisdictions, and consider legal precedents. It aims to identify inconsistencies, gaps, or improvements in existing laws and propose solutions for inventor-workers' rights. Dispute resolution depends on contract, intellectual property, and labor laws. Resolving disputes between workers and employers regarding patent rights requires a thorough understanding of the legal framework governing intellectual property rights, employment contracts, and the specific circumstances of each case. By conducting comprehensive research and analysis, lawmakers can identify opportunities to clarify and strengthen laws to support inventor workers and promote innovation.

Abstract: Prescription is a legal system whose provisions regulate the majority of civil laws for its importance, and time constitutes an important pillar of this concept and there are many considerations given in relation to the public interest, the stability of transactions and the preservation of the security of the economic and social community, and that the silence of rights holders for a long period leads to the forfeiting and winning of rights.
The Iraqi Civil Code organized the provisions of statute of limitation period in the folds of the main sections of the law in the preliminary chapter, and within personal rights it treated the lapsed statute of limitation period, and made the statute of Imitation a reason for acquiring the right of ownership and reason for acquiring some rights derived from the right of ownership.
The subject of the study raises several problems that lie in answering some questions, the research questions are as follows: does the Iraqi legislator have an integrated view of dealing with the statute of limitations in civil law? Was the Iraqi legislator successful in regulating the statute of limitations and making it a reason for the forfeiture of personal rights, and a reason for gaining rights in kind.
The structure of this research is set out in three sections; firstly the definition of prescription & as an introduction to the subject. Secondly, the prescription as a reason for acquiring the right of ownership by possession. Thirdly, the prescription as a reason for acquiring some right derived from the right of ownership.
The study has reached several conclusions, including that The provisions and rules of limitation period as a reason for acquiring the right of ownership on the basis of these provisions being applied to the right subordinate to the right of ownership taking into account the specificity of the rights subordinate to the right of ownership in the matter of acquiring rights, and the possession and its terms as a basic requirement for acquiring the right of ownership.

© 2023 TUJR, College of Law, Tikrit University

Abstract: Laws are established to serve society and align with its needs, providing citizens a means to access social justice. Social justice, in its comprehensive sense, empowers citizens to obtain all their legal, political, economic, cultural, and other rights—not solely limited to judicial justice. Considering that judicial justice plays a crucial role in the comprehensive justice system, it is essential to contemplate how to empower citizens to exercise their rights in the presence of a judicial system that enables them to practice their constitutional and natural rights. Given the challenges faced by Iraq, various obstacles hinder access to justice. One key method to empower citizens in seeking justice is by providing legal assistance. I believe that legal aid is more comprehensive and expansive than judicial assistance, as the latter is confined to legal proceedings, whereas legal aid encompasses all rights granted by the constitution and law to citizens, along with their corresponding duties. Citizens require legal assistance to understand their political, social, economic, cultural rights, among others. These rights are exercised beyond the scope of judicial proceedings unless a violation occurs, prompting the judiciary to intervene upon the request of the affected party to safeguard their rights.

Abstract: That the issue of criminalization and punishment has been linked since the beginning of the emergence of modern criminal legislation in the States, with the policy of the state in general and its plans in the fight against the phenomena of criminal behavior, in addition to the impact of modern ideas raised by thinkers in this area, so we find that legal legislation in general is a reflection The policy of the State to exercise its sovereign right to legislate laws and, on the other, the duty to protect society and public order from deviant behavior, and criminal policy in the substantive aspects is the question of criminalization and punishment through the best ways to reach the determination of acts Hungary As well as taking adequate measures to deal with its negative effects. Modern criminal policy also adopted the issue of prevention by adding measures to prevent crime in the future as much as possible, and this is the focus of our study in this research.

Abstract: The exclusive power to legislate federal laws in Iraq is limited by the provisions of Article (61/1) of the Constitution of the Republic of Iraq, promulgated in The Iraqi Prime Minister, and in March the Iraqi Council of Ministers authorized the drafting of laws containing systems, instructions and resolutions, aimed at implementing the laws, and so on These legislations are designed in several stages, including the drafting of subsidiary legislation, the drafting of laws, their programs, debates and decisions, and the number of publications It is the subsidiary which is responsible for the practical submission of legislation to the State Assembly in time for preparation and accurately and in full attendance on the part requested by the Speaker of the State Assembly , and it does not relate to the issuance of subsidiary legislation of the country (organization, education and internal organization) and in this case it is necessary that there is no legal text allowing it, Therefore, the processes that are implemented by the legislation are not different from the specific processes by law except in some of the formal proceedings attached hereto on the State Assembly.