TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: When applying applicable foreign law, the national judge will face the problem of ambiguity, lack of text or confusion in its meaning, which in this case requires the judge's interpretation. s mental process for determining the meaning of the rule of law, The jurisprudence differs in the role of the national judge in interpreting the competent foreign law, whether it is interpreted in accordance with the law or in accordance with the law of the foreign State. and one of the means of interpretation that can be used by a judge is internal means of interpretation from within the legal text, or externalities, such as travaux préparatoires, t orical sources, customs and customs The role of the Supreme Court in controlling the interpretation of the competent foreign law, after interpretation of foreign law and judgement, Is it acceptable to censor a national judge's judgement that misinterpreted foreign law or not? and whether there were certain exceptions in the latter case or wh ether the refusal to censor was general and absolute.

Abstract: The discriminatory capacity is one of the most important and dangerous powers given to courts with a discriminatory capacity. The Criminal Court was given a discriminatory capacity by the Iraqi Criminal Procedure Code, where it was given authority over the decisions of the investigating judge as well as misdemeanor cases in violations only. It also has the authority to resolve conflicts of territorial jurisdiction between investigating courts within its region. It also has the authority to transfer the case from the jurisdiction of one investigating judge to another within its region. It also has the right to intervene in discriminatory decisions of the investigating judge as well as misdemeanor cases in violations. It is worth noting that the decisions of the Criminal Court in its discriminatory capacity are final and may not be appealed in any other way.

Abstract: Organized crime is considered a cross-border crime and one of the most dangerous crimes at the present time. It is a crime for which no comprehensive definition has been agreed upon, and its concept differs in developed countries from developing countries, and it also has distinct characteristics.
It has causes and impact on society through the knowledge that it may cross national borders, and among its causes is the existence of a criminal organization with controls similar to major institutions, and the commission of this organization committing crimes, and the motive behind committing organized crime may be to obtain wealth, influence, and high amounts of money These are criminal groups that are linked racially or ethnically to other groups that may cross borders, including companies, organizations, or persons protecting the interests of these groups, and the presence of support for them from categories of specialists and officials in society, who provide services that double the return on profits from organized crime.
As for the measures to prevent organized crime and its penal policy, international agreements and national legislation have dealt with measures to prevent and combat this type of crime, especially narcotic substances, money laundering, and human trafficking. Its pillars, which are the same as the pillars of traditional crime, have been explained, but another pillar has been added to it, which is the pillar International, because organized crime may be characterized by an international character, which is due to the nationality of the perpetrators of the crime or the location and location of the crime.
© 2023 TUJR, College of Law, Tikrit University

Abstract: Dual citizenship is a common issue in many countries, acquired either by birth, naturalization, marriage, or through state policies that allow citizens to hold another nationality without losing their original nationality. Dual citizenship is the legal status in which an individual holds two or more nationalities simultaneously, granting them legal rights and obligations in more than one country. The current Iraqi Constitution of 2005 and Nationality Law No. 26 of 2006 prohibit dual nationals from holding high-level sovereign and security positions.

Abstract: The mortgage represents a solid guarantee mechanism for the mortgagee to recover his debt from the mortgaged property. The legislator has attempted to reconcile the preservation of his right with the mortgagor's authority to dispose of and other powers over the mortgaged property. However, the legislator's study of this protection for the mortgagee has revealed shortcomings in some cases. Many problems have been identified that the mortgagee faces in obtaining his right from the debt secured by the mortgage, including those related to the mortgagor's rights over the mortgaged property to dispose of and exploit it, and others related to the mortgagee's exercise of the right of priority. He may be exposed to competition from those with privileged rights, which are enforced before the mortgagee's debt, even if he is prior in rank. In addition, he may exercise the right to track the mortgaged property in the hands of the possessor and carry out procedures to release the mortgaged property. Therefore, the mortgagee's implementation of procedures to obtain his right to recover the debt is fraught with problems, and ultimately he is exposed to harm that does not lead to his full right being obtained, but rather leads to the termination of the mortgage designated for the payment of the debt.

Abstract: The validity of the procedures by obtaining evidence is valid if it is free from defects and deficiencies, and thus the evidence becomes legitimate evidential evidence, and what results from it of accusation decisions and then conviction and then the punishment follows, so if those procedures followed by obtaining evidence are tainted by defects and deficiencies, that evidence is corrupted and is excluded and the effects that follow it are due to it, and thus the evidence is considered invalid and we conclude from the invalidity of the evidence; There is no accusation against the accused of a crime based on the principle (no crime and no punishment except by law), which is one of the national and international legal principles, and that criminal justice seeks to reach the truth as the desired goal in every international system or national legislation, which has legal value through the means of acceptable channels followed in its application, which clarifies the evidence whether it is contrary to or in accordance with the legal procedures.

Abstract: Summary:Administrative contracts in Lebanon, like other countries, witness disputes that may hinder their implementation or lead to disagreements between the contracting parties. To avoid resorting to the judiciary, which may take a long time and cost a lot of money, the parties resort to non-judicial settlement mechanisms. One of the most important non-judicial settlement mechanisms in Lebanese law is negotiation, which is a direct friendly mechanism between the disputing parties, where each party is called upon to achieve its interests through dialogue and exchange. Negotiation is considered one of the oldest and simplest means of resolving disputes, and is characterized by its flexibility and speed. The parties can resort to negotiation at any stage of the dispute, even after resorting to the judiciaryMediation is also considered an amicable mechanism in which a neutral third party (the mediator) undertakes the task of bringing together the viewpoints of the disputing parties. The mediator helps the parties reach a compromise solution that satisfies all parties. The mediator does not have the authority to issue an arbitration decision binding on the parties, but rather his role is limited to facilitating the negotiation process. As for arbitration, it is an alternative mechanism to the judiciary, where the disputing parties agree to refer the dispute to an arbitrator or arbitration body. The arbitrator or arbitration body issues a decision binding on the parties, known as an “arbitration award .”Arbitration is characterized by speed, confidentiality and flexibility, and it also allows the parties to choose arbitrators with experience in the field of the dispute. Dispute Resolution Boards Dispute Resolution Boards are a relatively new mechanism, established by contract. These boards consist of independent experts who are responsible for resolving disputes that arise during the implementation of the contract. Dispute Resolution Boards aim to resolve disputes quickly and effectively, to avoid disrupting the implementation of the contract. The advantages of non-judicial settlement include: The distinctive speed of non-judicial settlement is the speed compared to judicial procedures that may take years, and the cost is considered and non-judicial settlement mechanisms are less expensive than judicial procedures, as for flexibility, non-judicial settlement mechanisms are characterized by flexibility, as the parties can design them to suit the nature of the dispute and maintain relations. Non-judicial settlement mechanisms help maintain relations between the disputing parties Here the importance of non-judicial settlement in administrative contracts appears, as it contributes to resolving disputes quickly and effectively, which ensures the continued implementation of administrative contracts and reduces the burden on the judiciary, allowing it to focus on more complex issues that enhance trust between the administration and its contractors, which encourages investment in public projects.

Abstract: Maritime security threats pose a significant challenge to international peace and security. Oceans and seas constitute vital corridors for global trade and represent an essential source of marine wealth and natural resources—the so-called blue economy. With the increasing reliance on maritime spaces, security threats have likewise escalated, including acts of piracy, maritime terrorism, smuggling, illicit trafficking, marine pollution, and maritime disputes. Addressing these threats necessitates robust international engagement and effective coordination, as exemplified by the role of the United Nations in promoting maritime security and mitigating the consequences of such maritime crimes, which adversely affect the blue economy.

Abstract: This research explains the concept of taxes, the state's general budget, and the deficit that public budgets suffer from in most countries of the world. We also attempt to shed light on the role that tax revenues play in financing the general budget deficit. We diagnose the low contribution of tax revenues to total public revenues, and we attempt to provide solutions to maximize this role to achieve economic balance and stability.

Abstract: The constitutional terms for elections refer to the times specified in the constitution or the laws regulating elections, which include setting election dates to avoid political chaos, voter and candidate registration periods to ensure everyone’s participation, and the electoral campaign period to organize competition between candidates and its impact on political stability. Strengthening confidence. Clarity of terms enhances citizens’ confidence in the political system. Avoiding a political vacuum. Setting dates precisely helps avoid long transitional periods and regulates competition, as it contributes to achieving more fair and transparent results.Motivating participation encourages citizens to engage in the political process. Constitutional terms for elections are considered a vital factor in enhancing political stability. These terms must be clear and respected to ensure the smooth functioning of the democratic process. Adherence to specified deadlines contributes to building trust between citizens and the state, which enhances political stability and reduces the potential for dispute and conflict.

Abstract: The development achieved by artificial intelligence may lead to the inability of civil laws and even the judiciary to determine the person responsible for the damages resulting from it. This comes in light of the ongoing debate about granting legal personality to these machines, versus considering them merely material objects, which imposes holding their keeper responsible for compensating for the damages they cause. This issue raises many legal difficulties, especially since the current Iraqi legislative system is not sufficient to deal with these cases. Therefore, there is an urgent need to establish a comprehensive legal regulation that regulates all aspects of artificial intelligence, whether in terms of its nature or its use

Abstract: This research is concerned with explaining the philosophy of the penal legislator in including the exception in the penal texts and the substantive provisions related to them, as the legislator takes into account when formulating the texts that they are suitable for actual application among members of society. The origin of equality in the discourse of the penal rule must include an exception so that this exception is distinguished by special provisions that differ from the provisions of the general rules; in order to protect interests that are only achieved through the exception, and this requires the legislator to take into account accuracy in formulating the text and applying it to individual cases related to the perpetrator and the action.

Abstract: In Lebanese law, the role of the arbitrator in achieving financial balance in the administrative contract is characterized by the powers that allow him to intervene to refer the terms of the contract in the event of unexpected circumstances that affect the balance of the parties' financial obligations. According to the legal provisions related to arbitration and administrative returns, the arbitrator can take several measures to achieve financial balance, including adjusting the value of the contract in the event of circumstances beyond the control of the parties, such as rising prices or changing costs due to unexpected economic or social factors. The arbitrator has the right to adjust the amounts agreed upon in the contract to suit the new situation, and restoring financial balance in the event of force majeure or exceptional circumstances that affect the parties' ability to fulfill their financial obligations. The arbitrator can intervene to restore the financial balance of the contract, in a way that reflects the changes in the circumstances that occurred after the signing of the contract. Exemption from some obligations: If some financial terms cannot be implemented due to unexpected circumstances, the arbitrator may grant partial exemptions or referrals in the financial terms in a way that preserves the interests of the parties and achieves justice. Settlement of financial disputes: If a dispute arises between the parties regarding financial matters related to the implementation of the limit, the arbitrator settles the dispute in a way that guarantees the rights of the parties and achieves a balance between their interests
However, it is important to note that the arbitrator in Lebanese law does not have the authority to completely amend the contract as is the case with the judiciary, but rather his role is to make precise and specific amendments to achieve financial balance only within the limits of what is permitted by the contract and relevant legal provisions. The arbitrator's authority to achieve financial balance for the administrative contract is represented by his ability to intervene to resolve disputes related to financial issues that may arise during the implementation of the administrative contract. This includes amending or modifying the value of the contract or terminating or exempting from some financial obligations, through arbitration procedures. The arbitrator has a role in ensuring the stability of the financial contract in the event of unexpected circumstances that affect the financial balance, such as rising costs, changing prices or force majeure. He ensures that the terms of the contract remain fair and balanced, taking into account the interests of both parties.

© 2023 TUJR, College of Law, Tikrit University

There is no argument today that the right to privacy is one of the fundamental human rights inherent in every human being as a general principle, Therefore, this right has enjoyed great constitutional and legal protection in all countries of the world and on both the international and internal levels, at the same time this right has become vulnerable to violation and wider than before, Through e-mail، chat sites and social media, which has become a feature of the modern era and a large electronic space in which we place all incoming and incoming about ourselves and our lives as well as our privacy, where information and communication technology enabled billions of people to exchange digital information on a global level, and used These technologies, which rely heavily on technical standards, present a wide range of challenges regarding the privacy and security of communications and end-user confidence in ICTs.
Therefore, about the many violations of privacy, the lack of awareness of individuals about their risks, and the weakness of internal and international monitoring of the electronic environment in general and communication platforms in particular, we are required to research these violations in terms of their images and gravity, the effectiveness of internal and international legal rules and technical mechanisms in deterring or limiting them.

Abstract: Drug crimes are generally considered among the most dangerous crimes to society due to their negative effects in destroying societies. Drug crimes have taken many forms and manifestations, and in recent years, a new type of drug has emerged: "digital drugs." These drugs have spread widely across the world and the Arab world, due to their effects similar to those of real drugs. They take the form of audio files that have been prepared and contain frequencies that affect the brain. Their use is carried out online, where websites promote and sell them at reduced prices, which encourages young people to resort to them. This leads to a variety of risks to individuals and society, with no local or international policies to combat them in order to achieve community security. Hence, it is important to address the role of the legislator in identifying gaps in anti-drug legislation that hinder the fight and find ways to close and address these gaps.

Abstract: In light of the real need for the legal structure of the state in order to achieve democracy, prosperity and freedom for peoples, it is necessary to try to create a nucleus that will be the beginning of the path to the emergence of the legal state, so we try to shed light on the importance of the legal state (its conditions) and the basic and necessary guarantees to protect the people with the legal status, and to confront attempts to violate the law by the rulers.

In this study, we will follow the analytical and comparative approach, by presenting the constitutions and specific laws in different countries and analyzing and comparing them, commenting on them and stating our opinion on them.
© 2023 TUJR, College of Law, Tikrit University

This study revolves around the role of the oath as evidence in administrative disputes between administrative and judicial bodies, through three topics. In the first topic, we discussed the theoretical framework of the oath in Iraqi law, in the second topic the role of the oath in administrative disputes, and in the third topic we discussed the role of the oath in judicial disputes as evidence in criminal procedures and civil lawsuits. We also explained the theoretical and practical challenges associated with relying on the oath as evidence.

Abstract: Most national and international legislation has attempted to protect children's rights from any abuse they may be exposed to. Due to their vulnerability and inability to protect themselves from abuse by others, they go through several stages, the most important of which is the fetal stage in their mother's womb. Here, protection is directed toward them, as they are a fertilized egg in their mother's womb. This situation involves protection from abortion or assault on the mother that results in a miscarriage. The other stage is the stage of coming into life, and here the issues of international law begin, particularly regarding the nationality of the owner of the egg, the nationality of the owner of the sperm, and the laws to which they are subject, or which laws should be directed toward protecting this young child.

Abstract: The Constitution is the supreme basic law that establishes the rules and principles upon which the system of government is based, defines the public authorities, outlines their functions, sets the limits and restrictions governing their activities, determines public freedoms and rights, and arranges the basic guarantees for their protection.

Abstract: Contractual compensation is accepted under Iraqi law under conditions that ensure justice and non-arbitrariness. It is also accepted in Islamic jurisprudence under legal controls that achieve a balance between rights and obligations without violating the provisions of Sharia. The question that arises is what is the nature and conditions of contractual compensation under Iraqi law and Islamic jurisprudence. To answer this question, it is stated that contractual compensation is an agreement concluded between the two parties to a contract to determine the amount of compensation in advance in the event of a breach of contractual obligations. Under Iraqi law, this type of compensation is permissible if there is an explicit agreement between the two parties, and the damage is probable and quantifiable at the time of contracting, provided that the compensation is not excessive to the point of injustice or exploitation. The court has the right to adjust the amount if it is proven to be disproportionate to the actual damage. In Islamic jurisprudence, contractual compensation is subject to Sharia principles, such as avoiding harm to others and the prohibition of uncertainty and usury. Therefore, the condition must be free of injustice and not become a tool for coercion or illicit gain. The ruling on this condition varies according to the school of jurisprudence. I relied on a comparative and descriptive analytical approach, and we conclude that entitlement to contractual compensation requires the presence of several conditions common to Iraqi law and Islamic jurisprudence: error, harm, and cause. We concluded that the Iraqi legislator recommends reviewing Iraqi legislation regarding contractual compensation to ensure its compatibility with modern principles that take into account changes in business practices and commercial contracts..

Abstract: This research deals with the impact of technological developments in the field of assisted reproductive technologies on the international legal framework, where the need to update legislation to ensure the protection of individuals\\' rights emerges. The research reviews the ethical and legal challenges raised by these technologies, such as the right to privacy and freedom of choice, and discusses how they affect human rights principles, and the responsibility of the concerned parties in cases of failure or damage resulting from the use of these technologies, which requires setting clear legal standards by analyzing current laws and international practices. Our study included the descriptive analytical approach. This study aimed to demonstrate the legitimacy and legality of the issue of assisted reproduction and to explain the mechanisms of citizens\\' rights in the issue of assisted reproduction. The study concluded the following results: Assisted reproductive technologies include artificial insemination, intrauterine insemination, and ovulation stimulation, in addition to micro-insemination and freezing eggs or sperm. They also include genetic analysis of embryos and the use of donors or surrogate mothers in certain cases. Artificial insemination is the most important assisted reproductive technology used. International conventions and state constitutions have agreed that reproduction is not a duty that obligates men or women, but rather is optional. Technological developments in assisted reproductive technologies affect the principles of law by updating international legislation to ensure the rights of individuals to access these technologies. These developments raise human rights issues, such as privacy and freedom of choice, which requires effective legal protection. They also pose ethical challenges related to discrimination, which requires the establishment of clear legal standards. In addition, there is a need to determine legal liability in cases of failure or damage resulting from these technologies, and regulating these technologies requires international cooperation to achieve a balance between innovation and protecting citizens\\' rights.

Abstract: This study examines the rights and obligations of partners in a general partnership under Iraqi and Iranian legal systems, highlighting the nature of the partnership based on personal consideration and mutual trust among partners. This leads to their unlimited liability for the partnership’s debts, necessitating adherence to principles of justice and good faith in managing its affairs. The study also clarifies that the legislation in both countries has precisely defined the partners’ rights, including participation in management, financial oversight, making substantive decisions, and entitlement to profits, in addition to the right to intervene in cases of mismanagement or exceeding legal boundaries. The laws impose obligations on partners, such as providing the agreed-upon capital, settling debts, refraining from harmful competition, and adhering to rules governing the transfer of shares, all to ensure the partnership’s stability and prevent potential disputes. The research further highlights key differences between the two legal systems: Iraqi law emphasizes joint liability among partners and prohibits the transfer of shares without the consent of all parties, while Iranian law focuses on enhancing legal protection for the partnership and creditors by establishing clear frameworks for management authority and financial oversight. This study adopts descriptive, analytical, and comparative methodologies, aiming to answer the central question: What are the rights and obligations of partners in a general partnership under Iraqi and Iranian law? Through a comparison of the two systems, the research sheds light on the extent to which these provisions impact the stability of commercial partnerships, emphasizing the role of mutual cooperation in achieving the success and continuity of this legal model.

Abstract: Civil disobedience is an important legal and social phenomenon that reflects the struggle of individuals or groups against laws they perceive as unjust or oppressive. This research aims to study the concept of civil disobedience within the framework of positive law, analyzing the legal methods through which this disobedience is practiced, as well as the legal conditions that justify it. In this context, the study examines the relationship between civil disobedience and fundamental human rights, such as freedom of expression and peaceful assembly. The research also explores the impact of civil disobedience on political and social systems, and how it contributes to social and political change.
The study includes an analysis of the different concepts of civil disobedience in various legal systems, from Western legislation to legal frameworks in developing countries. Additionally, the research addresses the legal and ethical challenges individuals face in practicing civil disobedience, such as the boundary between peaceful resistance and violence, and how this phenomenon is handled in courts of positive law. Ultimately, the study aims to provide a comprehensive perspective on how civil disobedience is accepted or confronted in positive law, and the role of the judiciary in assessing the legitimacy of this disobedience.
© 2023 TUJR, College of Law, Tikrit University

Abstract: State responsibility for the use of biological and chemical weapons is part of the international legal system aimed at protecting international peace and security. According to international law, states bear direct legal responsibility when developing, producing or using these weapons, due to the serious damage they cause to humans and the environment. This responsibility is based on several international agreements, most notably the Biological Weapons Convention (BWC) of 1972 and the Chemical Weapons Convention (CWC) of 1993. These two agreements prohibit the development, stockpiling and use of these weapons, and oblige States Parties to destroy their stockpiles. Violation of these obligations is considered a clear violation of international law and entails the responsibility of the State concerned. State responsibility is manifested in several aspects:
1. International criminal responsibility: Individuals responsible for the use of these weapons can be prosecuted before international criminal courts such as the International Criminal Court (ICC), especially in the event of their use as war crimes or crimes against humanity.
2. International civil responsibility: The State bears responsibility for compensation for damages caused to States or individuals harmed as a result of their use of these weapons.
3. Preventive measures: States are obliged to prevent the development or transfer of these weapons within their territories or by their nationals, through the enactment of effective national legislation.Finally, the UN Security Council plays a pivotal role in imposing sanctions and taking the necessary measures against violating states, in accordance with the UN Charter. State responsibility remains in place even with changes in ruling regimes, which reinforces the principle of non-impunity for crimes related to biological and chemical warfare
© 2023 TUJR, College of Law, Tikrit University

Abstract: The Pictures and characteristics of appealing the administrative decision electronically depend on the use of San Marmat and Communications in the completion of litigation procedures before the courts by converting paper-based education procedures into electronic procedures, through the Internet in an attempt to benefit from the information and communication technology revolution, as papers are completely dispensed with or attendance before the courts or Confronting the opponents, and submitting all files and papers via the Internet. The case file and papers are created with the court. This information is stored on the court’s website and preserved. The parties and their lawyers can view it instead of going to the court building, and the parties exchange information about the case among themselves and with the court via The Internet, and the papers exchanged between the litigants, as well as court decisions, are announced by e-mail, as well. Among the foregoing is the possibility of paying the fees and expenses of the lawsuit in an electronic way, may God save time and speed in resolving lawsuits and reduce the burden on the courts in addition to facilitating the work of the judiciary.