Journal of college of Law for Legal and Political Sciences

Electronic signatures are legal tools that allow individuals and organizations to digitally sign documents and transactions online. They are the digital equivalent of traditional handwritten signatures and provide the same level of security and verification.Electronic signatures have become essential in electronic transactions and contracts, as they offer security, convenience, and legal validity. There are three main types of electronic signatures: simple, advanced, and qualified. Electronic signatures are used in a wide range of applications, including contracts and agreements, financial transactions, government submissions, medical document signing, and e-commerce transaction

Allah most high has bestowed graces on his servants in which their interests and happiness are effected among these is marriage which Allah makes it an evidence for his jurist have laid fir marriage Elements and Conditions deduced from is lamically legal texts I،E Quran and sunnah among the conditions of marriage are that which are a greed upon and disagreed upon by the jurists. The disagreed conditions among them is the issue of parity in marriage. Such an issue has significant importance for people recently and in the past and for arabs in particeelar.shariah (Islamic law) has recognized the character of parity between the spouses or between their families، since parity is one of the means that imparts tranquility and stability to marriage، and made it one of the conditions for the marriage to be successful. Marriage is a ture manifestation of natural disposition supported by shariah which laid its rules and conditions for it achieves a great objective and for it is one of the sacred contracts in islam characterized by perpetuation، which necessitates the existence of considerable characters in parity for a man such as religion money، lineage، freedom and profession to impart the character of perpetuity in marriage.

A financial investment company is a financial institution that takes the form of a joint-stock company due to the large number of shareholders in it and the large size of its capital. This company is considered a means of economic and financial development and support of the national economy. Its main activity is financial investment within the limits permitted by law.The Iraqi law allowed this company to invest part of its funds in other companies with the approval of the Central Bank, or to invest it in the form of fixed deposits with banks, and these funds are considered unlimited-term deposits. It also permitted it to issue loan bonds and certificates of deposit in addition to lending to other companies

On the complex international scene, small states have emerged as unique themes of international law that have challenged traditional concepts of sovereignty and state power. Despite their limited geographic and demographic scales, such states have been able to carve significant roles in the international legal system. Nowadays, they comprise the majority of member states of the United Nations. International public law necessitates continuously updating its contents and emergencies, specifically its unique subjects. Therefore, this paper focuses on the legal entities that exist in the contemporary international arena. Compared to other traditional states, the size of these entities is usually very limited demographically and/or geographically. However, there is no precise legal criterion to determine the shape or size of such entities. Each of them varies according to the historical and political circumstances and justifications for their establishment. Nevertheless, despite their meagre human and material potential due to their small land, small population, scarce resources and limited political influence, they are independent sovereign states with full legal personality by de jure under international law, with unique features and characteristics that retain sovereign rights and obligations equally to any other state larger and more powerful. There are certain problematic issues related to these entities in terms of their concept, identifying their criteria, legal characterization, clarifying the contours of their sovereignty and legal recognition, determining their status in the framework of international law and relations, interacting within the prevailing international situation (the impact and vulnerability), challenging the obstacles they face in the international legal regime and the extent to which they can be overcome. This paper attempts to examine all this by diagnosing their strengths and weaknesses and highlighting that, to maintain their security and stability, they play vital and growing roles in applying and evolving the rules of public international law.

Government systems vary and differ in terms of application according to place and time, influenced by the social reality in that place and during that period of time. The emergence of individual systems of government was historically older, such as despotic monarchy, absolute and sacred monarchy, and then dictatorial systems. As for democratic systems of government, their applications varied in harmony with the political and social development of peoples. The people may rule themselves (direct democracy) and may choose people to represent them in managing the affairs of the state (representative democracy). The people may participate with those they have chosen in making important decisions for society (semi-direct democracy). Each of these forms has its own characteristics. Most countries in our contemporary world apply representative democracy, which means that the people choose people to directly represent them in the manifestations of sovereignty for a constitutionally specified period. These people are called (representatives). The elected parliament is the axis of representative democracy, which may consist of one or two chambers. The people do not participate with parliament in exercising power, and thus the people are the ones who choose their representatives through elections.

The usual course of matters is that the criminal legislator determines the penalty for each crime, provided that such punishment is compatible with what results from the criminal act in terms of its gravity and gravity. This is to achieve public and private deterrence. However, it is very different in the case of multiple offences, which at first glance seem to give rise to delicate difficulties in the case of one offence committed by one offender. Whether those acts are interrelated

The increasing use of the internet has led to a rise in international interactions through cyberspace, prompting nations to pay significant attention to the critical infrastructure of electronic systems, communication networks, and the software and systems that safeguard vital information and data related to national security. National security encompasses various aspects, including human security, health security, and environmental security. Technological advancements have introduced new concepts to national security, such as cybersecurity, cyberterrorism, cyberattacks, and cyber warfare. To protect their national security from modern risks and threats, countries have adopted advanced technological means, with one of the first steps being the integration of cybersecurity into their strategic plans to support their national security. Iraq, like other countries, has also followed these important steps.

After 2003, Iraq underwent a wave of changes, including social, economic, political, and legal transformations. These changes played a significant role in altering the system and structure of governance in Iraq. One of the most important transformations occurred in the constitutional judiciary, which became more active and influential through the decisions it issued. These decisions had a significant impact on the state’s powers, particularly in terms of their suspensive effect on actions taken by the legislative authority. One such action is the legislative proposal made by the parliament, where the constitutional judiciary closely scrutinized every proposal that violated the constitution. One of the primary responsibilities of the constitutional judiciary is to examine whether the actions of the authorities comply with constitutional provisions.

The Iraqi legislator criminalized the promotion of prostitution and homosexuality through Law No. (15) of 2024, the first amendment to the Anti-Prostitution Law No. (8) of 1988, as amended, through which the name of the Anti-Prostitution Law was amended, and replaced by the Anti-Prostitution and Homosexuality Law, and addressed the concept of homosexuality, which means practicing any form of behavior, including sexual relations between two persons of the same sex, male and male or female and female, wife-swapping, transvestism, brokerage, and brothel. The forms and methods of the crime of prostitution and homosexuality are multiple, which are included in the new law of 2024. The crime of promoting prostitution and homosexuality falls under various forms, included in the Anti-Prostitution and Homosexuality Law, and falls under the forms of No. (15) of 2024

The security mission is entrusted to specific entities exclusively under the legislation in force in the legal system of the state, as the security mission is within the framework of the state’s duties to maintain the security of individuals as well as the security of public facilities, which is a traditional duty undertaken by any country in the world and formulated by issuing several ordinary or subsidiary legislations. These legislations include the necessary regulatory frameworks that enable the police officer or internal security forces to perform their duties in carrying out the task of developing security plans for the purpose of maintaining security. The police officer, who is charged with public service, may abuse his duties and obstruct the implementation of security plans and internal security forces operations that are based on carrying out what was drawn up for them from the highest to the lowest in the internal security forces legislation. Hence, the legislator considered this obstruction a crime in itself that requires the police officer to be punished for committing this crime. In this regard, the Iraqi legislator decided to put a special text for this crime in the provisions of Article 3 of the Internal Security Forces Penal Code No. 14 of 2008, as amended, as according to the provisions of this act in an explicit text, and in this research we are only reviewing this crime and explaining it. Its pillars and explaining the most important points that characterize other crimes, using the comparative analytical method.

Internal displacement is one of the most serious humanitarian problems facing the world today. Internally displaced persons (IDPs) are entitled to a range of fundamental rights, including the right to life and security, the right to shelter, food, and water, the right to access healthcare and education. States party to international humanitarian law have the responsibility to protect IDPs from any violations of these rights.Protecting IDPs under international law faces a number of challenges, including the lack of a strong international mechanism to monitor and protect IDPs, the lack of strong international commitment to international humanitarian law in internal armed conflicts, and the inability of states to provide the necessary protection and assistance to IDPs

Foreign executive bonds are every bond issued by a foreign country, which includes a specific performance of one person before the other, and the order may be executed either under the same conditions established in that country or under the conditions established in the country of execution, as many of the rights arising from foreign executive bonds are not implemented in Iraq for lack of The existence of legal rules governing these bonds, despite the importance of these rules within the scope of private international law, as they are no less important than the subject of the conflict of legislative or judicial jurisdiction, because the owner of the right, for the purpose of obtaining his right, files his case twice, once before the courts of the subject matter of the foreign country, and again before the courts of the state It is intended to implement the executive document in it, and this matter indicates the complexity and accuracy of the provisions of implementation and the importance of its rules from a practical point of view, because the issuance of the executive document from the judicial authorities, arbitral tribunals or other institutions in a foreign country, does not work unless it is implemented, so the legal basis for implementation is based On the same legal basis on which the right of litigation is based, which stipulates that the creditor may not take his right by his own methods, but rather he must resort to the judiciary to decide this right first and then follow after that the means stipulated by the law in order to implement the judgments issued in connection with the dispute ,, Therefore, the implementation rules are considered one of the important provisions as a form of judicial protection that the implementation law deals with its organization and which maintains the stability of financial transactions, especially after the expansion of legal relations, specifically what relates to commercial and civil matters and personal status, which prompted us to search for the importance of executing foreign executive bonds in Iraqi law in the light of contemporary developments and the growth of private international relations.

This study examines the role of Oman Vision 2040 in enhancing seasonal agriculture in the Dhofar Governorate by exploring the available economic opportunities and the challenges facing this sector. Through an analysis of the economic policies outlined in Oman Vision 2040, the study demonstrates how this vision can contribute to the development of the agricultural sector, particularly seasonal agriculture, in Dhofar, which is characterized by its unique climate and diverse natural resources. The first chapter focuses on analyzing the role of Oman Vision 2040 in stimulating the local economy for seasonal agriculture, while the second chapter reviews the economic opportunities and challenges that may arise for agriculture in light of this vision. The study concludes that Oman Vision 2040 provides a strategic framework for the development of seasonal agriculture in Dhofar, emphasizing the importance of investing in modern technologies and developing agricultural infrastructure

Oil, as is well known, is the foundation upon which the country’s present and economic future are based, and the happiness and well-being of its people is dependent on preserving this wealth. However, some individuals and entities have taken to smuggling it as a means of illicit gain, so the crimes of smuggling oil and its derivatives have taken the forefront within the framework of economic crimes. Because these crimes have extremely dangerous effects on society and its economic security, most legislations have been concerned with regulating and criminalizing them. We can see this concern through what the Iraqi legislator has provided within the framework of the Anti-Smuggling of Oil and Its Derivatives Law No. 41 of 2008 (and its instructions) of texts that criminalize aggression against the economic security of the state, especially in criminalizing any act that affects its main artery and source of resources, which is oil. The criminal rule within the framework of this law aims to protect essential interests from harm, and the matter is not limited to the therapeutic aspect, but rather it has added preventive protection to it, which is the stage prior to the occurrence of harm, where the behavior involves danger, so its mere presence generates a formal crime that does not require the imposition of The punishment is nothing but that criminal behavior, that is, it does not require the realization of the criminal result to justify the imposition of punishment on its perpetrator. It is sufficient for the act to occur even if the desired results from that act are not achieved. This is what Article (1) and (3) of the aforementioned Anti-Smuggling of Oil and Its Derivatives Law stipulated. However, this attention was not at the desired level, as many of the types of danger associated with the structure of this law and the reason for its legislation were not included in the aforementioned law, including the initiation of the formation of smuggling gangs or contracting to purchase smuggled quantities before smuggling them, which required research into the extent of the effectiveness of criminalizing the danger that this law brought through this study

The constitution is the supreme law in the state, as it occupies the top of the legal pyramid in the state, and thus it is considered a source of the legality of all legal rules in the state. Usually, the original founding authority that drafts the constitution drafts it under certain circumstances and conditions. Due to the change in these circumstances and conditions, it becomes necessary to review the constitution by making partial amendments to it to make it more suitable for the conditions of the new state. This partial review of the provisions of the constitution is carried out in accordance with the procedures stipulated in the core of the constitutional document, which may be characterized by complexity or flexibility depending on the nature of the constitution. However, most constitutions are of a rigid nature and cannot be amended except by following complex procedures, but they are not impossible to implement. However, the Constitution of the Republic of Iraq for the year 2005 has departed from this rule by stipulating two methods for amending its provisions in two separate articles, each of which outlines a special mechanism for amendment that is different from the other, in addition to some restrictions and procedures for amendment, which is reflected in the possibility of carrying out a constitutional amendment. Research described the Constitution of the Republic of Iraq for the year 2005 as rigid. In addition, a number of effects resulted from this matter that were addressed in the research

This research addresses the role of the administrative judiciary in monitoring the administration’s actions in exceptional circumstances, with a focus on ensuring a balance between maintaining public order and protecting the rights of individuals, under exceptional circumstances, The executive authorities may be forced to take exceptional measures that may affect some basic rights, which requires the intervention of the administrative judiciary to ensure the legality of these measures and review them to ensure their compatibility with legal and constitutional controls, The research highlights the importance of judicial oversight in ensuring that the measures taken do not exceed the limits of necessity and do not unjustifiably affect individual freedoms, while emphasizing basic principles such as proportionality and transparency.
The research also reviews a comparison between the Egyptian and Iraqi systems in how the administrative judiciary exercises its oversight role during exceptional circumstances, and indicates that the judiciary in both systems shares the task of ensuring that the executive authority does not arbitrarily use exceptional powers, while preserving the basic rights of individuals, The research also addresses the importance of improving legislation related to exceptional circumstances and developing judicial review mechanisms in line with internationally recognized constitutional and legal principles, so that exceptional measures are consistent with necessity without excessive infringement on public freedoms.

This study focused on the definition of the concept of emotion and its positive, negative and potential types, The criteria on which the idea of emotion is based in criminal legislation have been addressed, such as a social norm and family standard. As well as the legal standard by the type of crime committed in the first section to the applications of emotion And harmonization between interest and passion from the point of view of the legislator Criminal and that through the statement of the legal applications of emotion in the policy of criminalization and punishment In addition to its applications in precautionary measures and criminal procedures Finally, the relationship of emotion to interest from a legislative perspective. A set of conclusions and recommendations have been reached, and the most important results Emotion has an important impact on the making of the criminal text by appreciating the human meanings of a particular text. This effect on the policy of criminalization and punishment may be aggravated, mitigated or exempted, or by using alternative penalties, as they have an important impact and role in criminal proceedings, To achieve justice on the one hand, and interest on the other.The most prominent recommendations relate to criminal legislation to have effective methods and means Which can be adopted to reassure those addressed by legislation of its justice By stating and defining the standards adopted by the legislator in criminalization and punishment In mitigation, tightening and exemption based on the idea of causative emotion.

Iraq has been transformation from a simple state to a federal state in accordance with the law of the state administration of the transitional period in 2004 and the constitution in force in 2005. His federal system was unique with certain characteristics depending on the political and historical circumstances and the composition of its social components. This reflected on the formation of its political and administrative units and their constitutional organization.Iraq as a federal state consists of a group of different regional and political units according to the population density, regional space and natural resources, and these units vary in terms of submission to the systems of political and administrative decentralization, this leads to the appearance of a political and constitutional asymmetry between these units, which means the participation of these units with common constitutional competences and the uniqueness of each other with different constitutional competence specific to each one.

In light of modern technological advancement and the rapid spread of social media, the issue of protecting individuals has become one of the most difficult challenges facing society. Despite the positive aspects that these digital means have created, the negatives are much more numerous and more dangerous. As a result, many modern actions have emerged that penal codes in Iraq have been unable to combat, because Iraqi laws have not been updated according to recent developments. This has led to difficulty in combating those actions committed through social media and their significant risks to individuals and their privacy. Therefore, it is necessary to criminalize these acts either by amending the current penal provisions by adding acts committed through modern means, or by proceeding with enacting a special law that criminalizes these acts, similar to other countries.

The means of transformation in constitutional court rulings is one of the technical means that help the constitutional judge in confirming the principle of constitutional legitimacy. Because all legal systems stipulate that constitutional court rulings are final and cannot be appealed, and are binding on all public authorities and individuals, legal logic dictates that these rulings are not binding on the court that issued them. Therefore, it can rule in violation of them, especially if the legal system does not take into account judicial precedents. In the field of transformation from rulings related to constitutional texts, the issue must be more flexible than transformation from rulings related to ordinary legislation, especially since ordinary legislation, if it contains an error, can be amended by an authority other than the judiciary, which is the legislative authority. As for the constitutional rulings approved by the constitutional judiciary, they cannot be amended except by a constitutional amendment to the constitutional text that the constitutional judiciary adopted as a basis in issuing its ruling or through a new ruling by the court itself. Transformation in constitutional court rulings is desirable if it is limited, exceptional, and is done according to specific conditions and for specific reasons. However, this issue cannot be taken into account. In general, constitutional judicial transformation cannot take place without a condition or restriction. Transformation has its controls, justifications, and obstacles.

Disputes often arise after peaceful means fail to resolve crises raised in a particular issue or when there is no serious intention by the parties to settle them peacefully، after which the weapon becomes the decisive voice in the matter، except for the development of human concepts and the change in the strategy of the members of the international community and the exertion of their utmost efforts for progress and economic and social growth and staying away from conflicts and wars، From the danger of conflicts in general and internationalized conflicts in particular، which are no longer limited to specific regions but have begun to extend to many countries of the world and which have a great impact on international peace and security and the effects they leave on societies، so that they far exceed the effects of international and internal conflicts، as they have direct effects on rights and have a direct impact on the sovereignty of states، the comparative approach will be followed within the scope of public international law and the statement of international applications and their analysis، the basic problem lies in how to adapt these conflicts and show a clear and accurate definition of these conflicts and the effects of internationalized conflicts on the sovereignty of the state.

Sex change from male to female or vice versa is one of the most important issues that lead to the creation of many legal problems that have not previously encountered such problems, because the Iraqi society may suffer from this epidemic that destroys family life, and as a result, the Iraqi legislator has criminalized the process of sex change by organizing the texts of the Anti-Prostitution and Homosexuality Law No. 8 of 1988, as amended, and this is the first glance by the Iraqi legislator towards criminalizing the process of sex change, because at the present time this phenomenon has become widespread at a very rapid pace with the development of science, and this process threatens the nucleus of the family with disintegration and psychological disorders and thus leads to the disintegration of society and the creation of other legal problems, because the subject is extremely dangerous and the impact goes beyond the person and reaches society, because the law differentiates between males and females in terms of inheritance and even determining lineage, and on this basis we have conducted research in the field of criminalizing sex change according to Iraqi law, so we used the analytical and descriptive approach in this research, that is the extent of the sufficiency of legal texts to combat sex change, sometimes it is necessary due to biological changes or the presence of a hermaphrodite, As well as the extent of criminal responsibility of those involved in this process. Through this research, we tried to clarify the definition of the crime of sex change, its causes and elements, and the criminal responsibility of its perpetrator, as well as the shortcomings of the Iraqi legislator in this area.

Artificial intelligence (AI) is a rapidly growing field in various fields, including law and civil evidence, both in Iraqi law and other positive laws. AI can have clear conclusive evidence in civil evidence, but this conclusive evidence requires ensuring its compliance with the laws and regulations in force in Iraq and the countries that adopt it. Modern technology is also witnessing continuous developments in the field of AI, and this development has had a significant impact on various sectors, including law and civil evidence. This calls for exploring the role of AI in civil evidence and providing practical applications for its use in Iraqi law. AI can analyze big data related to civil cases, facilitating the extraction of important information and legal evidence necessary for proof. It also provides digital evidence, as AI technologies can be used to generate digital evidence such as images, videos, and digital documents that can be used as evidence in civil cases. The use of AI in civil evidence in Iraqi law takes into account the protection of personal data and privacy, and encryption techniques and limited access procedures can be applied to ensure the confidentiality and security of information. In addition, appropriate training must be provided to lawyers and judges on how to effectively use smart technologies in civil evidence, as well as increasing awareness of the challenges and opportunities associated with these technologies. Artificial intelligence can be a valuable tool in civil evidence processes in Iraqi law. This relies on its ability to quickly and efficiently analyze data, generate digital evidence, and provide accurate predictions based on historical data