TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: The phenomenon of electronic advertising and promotion of medicinal and herbal therapeutic products is considered one of the most dangerous promotional methods for the health of the individual consumer and society. This phenomenon is growing in many countries of the world, and has contributed to the spread of counterfeit therapeutic products by violating the technical specifications and pharmacopoeia, by expiring their validity, or by not following the technical specifications. of medicinal plants, which leads to their corruption or damage, by selling them or offering them for sale through real or fake websites that impersonate the owners of websites belonging to real pharmaceutical companies in order to defraud consumers and force them to hand over their money for the motive of profit and making money at the expense of their health and safety.

Abstract: Ensuring the enforcement of judicial decisions is a cornerstone of the rule of law and reflects the administration's commitment to justice and fairness. However, instances of administrative reluctance or refusal to execute court rulings necessitate the application of non-traditional judicial mechanisms. This study explores three primary approaches adopted by the judiciary to address such challenges: amicable, coercive, and financial measures.
The amicable measures focus on encouraging compliance without resorting to force. These include judicial notifications, where courts formally remind the administration of its obligations, and advisory assistance, offering legal guidance on proper execution methods.
The coercive measures involve direct judicial orders mandating the administration to fulfill its obligations under specific terms, ensuring immediate compliance.
The financial measures are designed to exert financial pressure on non-compliant administrations. These include imposing threat-based fines to penalize delays and enforcing financial asset freezes to compel adherence to judicial rulings.
This study concludes that non-traditional judicial mechanisms are essential tools for bridging the gap between judicial decisions and their implementation by the administration. The analysis highlights the need for continuous refinement of these measures to enhance their efficiency and uphold the principles of justice and the rule of law.
© 2023 TUJR, College of Law, Tikrit University

Abstract: The increase in wars and armed conflicts has made the international community search for a law governing the treatment of victims during armed conflict in order to establish rules and regulations that preserve and protect their dignity and humanity. Armed conflict must be accompanied by a kind of humanity to limit the effects of that conflict. One of the most important applications of international humanitarian law is its position on what is happening in the Gaza Strip in terms of providing humanitarian aid to Palestinian victims from the people of the Strip and other resistance forces or those who transmit and broadcast what is happening there or medical teams. As a result, and despite the obstacles that the Gaza Strip faced in the entry of supplies into it, we must not forget the role of international humanitarian law in ending the crisis by a ceasefire between the Israeli army and the resistance in Gaza, despite the negative position towards evacuating victims outside the Strip.

Abstract: This research studies and analyzes the issue of job exclusion in Iraqi administrative law, focusing on its legal nature and the legislative foundation upon which it is based. The research distinguishes this concept from disciplinary sanctions, especially dismissal, emphasizing that exclusion is not a punitive measure but rather an administrative action triggered by the loss of one or more legal employment conditions required at the time of appointment to public service. The research also highlights that exclusion decisions must be issued by the competent appointing authority, and that Iraqi administrative courts play a vital role in overseeing the legality of such decisions, particularly regarding legal cause, competence, and procedural form. Among the key findings is that exclusion results from the loss of employment eligibility criteria, rather than misconduct. Additionally, any exclusion decision made by an unauthorized authority is legally null due to a grave defect in jurisdiction. The research proposes: amending the Iraqi Civil Service Law to include a clear definition of functional exclusion, and mandating prior investigation before issuing exclusion decisions, in order to safeguard employees' rights.

Abstract: This research examines the impact of financial technology (FinTech) on commercial law, focusing on the challenges and opportunities it presents in the era of digital transformation. The study aims to analyze how technological innovations such as blockchain, cryptocurrencies, and automated trading affect the legal framework of commerce, highlighting legal challenges like data protection, regulatory compliance, and cybercrime. It also explores the opportunities FinTech offers to enhance transparency, efficiency, and financial inclusion, providing recommendations to keep pace with these developments.

Abstract: The administrative body should implement the administrative decision and respect it, the basic principle is that the administration may not cancel the decision or withdraw it, but this does not exempt the administrative body from liability , it is obliged to compensate the injured due to a decision contrary to the principle of legality can not be removed or avoid its harmful effects, so the administration may find it inevitable to look for a legal way out that allows it to cancel the decision or withdraw it in its own interest or in the interest of individuals, it may seek to change the legal basis on which the administrative decision was based, or IT issues a counter-administrative decision, or it is forced to issue a decision that removes that decision in the case of necessity.

Abstract: The principle of prohibiting the use or threat of the use of force directed against the political independence and territorial integrity of States is a peremptory norm of international law recognized in the Charter of UN, with acknowledging the exceptions mentioned exclusively to the aforementioned principle, such as legitimate defense, actions taken in cases of threats to and breaches of peace, aggression, and the principle of the right to self-determination, Cyber warfare can be among those exceptions as a State's digital attacks against another to avert possible aggression, In order to preserve its existence and sovereignty, it involves wrongful acts to counter another previous wrongful act of aggression. Cyber warfare cannot be absolutely permitted without restrictions, are should be justified in carrying out attacks against other States under the pretext of threatening them, There is a need for evidence and evidence to substantiate the allegation of a state of aggression and serious aggression, and further demonstrates the proportionality of the defence's actions to the dangers of the aggression threatened by it, Otherwise, it goes beyond the aim of permitting such wars by stopping or preventing aggression. as a basis for international criminal and civil responsibility.

Abstract: Drug addiction is no longer limited to the use of these criminal substances, whether natural or chemical, but rather the modern technological development and the resulting development in all different fields, including criminal fields, has created a new type of drugs and addiction, as gangs and mafias have become electronic criminals, so let us design a new type of drugs in digital form, called "digital drugs", based on the music clips used by hospitals and doctors to treat psychiatric patients, known as "a click on the ears". These criminals design and produce audio clips with different tones that match the ears to give the psychological effect, and they are traditional narcotic substances. Since adopting a successful criminal policy to combat drug crimes will lead to providing appropriate protection for individuals, state authorities and society as a whole, in order to achieve community security at all levels, therefore it is necessary to identify the gaps in anti-drug legislation that hinder the combat process and find the best ways to close and address these gaps.

Abstract: The importance of this study lies in the distinctive status the martyr enjoys within Islamic society and the resulting rights and privileges. The more the martyr is honored and glorified, the more the spirit of citizenship is elevated among members of a given society. Among Islamic societies is Iraqi society, as there are significant numbers of martyrs. As the number of martyrs increases, new problems arise in the way they are treated and dealt with, and with their families. Through this study, we attempt to clarify the types and degrees of martyrs and develop a legal model for them, hoping that it will enlighten Iraqi legislators and others to uphold the banner of the martyr.
When we discuss martyrs in purely legal terms, a number of questions come to mind: How can the state materially compensate for the value of a person who has served as a tent casting its shadow over a family? In contrast, we examine the issue of self-sacrifice by martyrs and how can a person sacrifice their life for others? What guarantees made the martyr take this step, leaving his young children without a breadwinner? To answer these questions, it is necessary to understand the measures taken by the state to reassure individuals within a given society that the state will fulfill its duty to the fullest extent possible, and will even provide for the martyr's dependents better than if the martyr were alive. On the other hand, the sound Islamic thought deeply rooted in our society makes individuals believe in the need for this society to sacrifice human life for the continued survival of the Islamic nation.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This study aimed to investigate the doctor’s civil liability for the medical team’s errors, by researching the legal nature of the doctor’s errors and explaining the obstacles to civil and criminal liability and the reasons for bearing the doctor’s responsibility. The study was divided into an introduction and two requirements. The first was the definition of medical error and the difficulty of proving it, which in turn included the forms of medical error and the burden of proving medical error. The second requirement was about the doctor’s responsibility for the errors of his medical team. In this research, reliance was placed on scientific research methods, which are the descriptive method and the analytical method. The descriptive and analytical method was used by describing the case and its consequences in society, analyzing texts and comparisons of the doctor’s responsibility for the mistakes of his medical team, and at the end of the study the following results were reached: The doctor is responsible for the mistakes of his medical team, whether the surgery was performed or not. This is because the patient does not care about who was in the team, but his concern is his choice of the surgeon, as the surgeon is trustworthy for the patient according to the contract that binds him to him. The doctor must provide the patient with conscious and vigilant care according to scientific principles, as any negligence or negligence on the part of the doctor in taking care of the patient is held legally accountable. Another example of negligence is when performing a surgical operation without conducting the necessary medical examinations. Proof of medical error is through reports issued by specialists and all known criminal proof methods, including the testimony of witnesses and another doctor or your nurse.

Abstract: This research addresses the principle of judicial impartiality in Iraqi law, focusing on the challenges that hinder its implementation and proposing ways to address them. Judicial impartiality is a fundamental pillar for achieving justice and the rule of law, as it obligates judges to adjudicate cases without bias or external influences. The research problem lies in the existence of obstacles that hinder the optimal application of this principle in Iraq, which can negatively impact the integrity of judicial procedures and public confidence in the judicial system. These obstacles include political and social pressures, a lack of specialized training for judges, and certain legal shortcomings that may allow for interference in the work of the judiciary. The research aims to analyze the legal and regulatory framework for judicial impartiality in Iraq, identify the problems that hinder its implementation, and propose practical solutions to enhance it. It also seeks to evaluate the effectiveness of current mechanisms to ensure judicial impartiality. The importance of the research stems from the pivotal role judicial impartiality plays in establishing justice and strengthening the rule of law. The research adopts a critical and comparative analytical approach, analyzing legal texts and judicial applications, and drawing on the experiences of other countries.

Abstract: Modern technological means have become an important tool in shortening some litigation procedures. However, the use of these means must enjoy constitutional legitimacy, as enjoying a fair trial and investigation requires the availability of a set of constitutional guarantees and principles. the most important of which are confrontation, documentation, publicity, and orality. In fact, the Iraqi and comparative legislator did not aim to establish constitutional texts that would give them this legitimacy, but rather stipulated a set of important principles that must be available in every trial. This research included explaining the nature of remote litigation and evaluating it to highlight its advantages and disadvantages, as well as referring to the constitutional principles that guarantee the establishment of a fair and equitable trial.

Abstract: studying the principle of the presumption of innocence, its legal nature, characteristics and effects on criminal evidence, we will stand on what contemporary criminal policy has approved regarding the work of the principle of the presumption of innocence, as well as the guarantees that are taken into account during criminal evidence procedures, and clarifying the extent of the legislator's success in applying the presumption of this principle under the criminal evidence system, in addition to explaining how the presumption of innocence affects the strength of criminal evidence and clarifying the restrictions on the principle of freedom of evidence in criminal law, in addition to special evidence in some crimes. We have identified the most important guarantees included in protecting the presumption of innocence in the criminal evidence process by presenting the guarantees of the presumption of innocence in the preliminary judicial investigation stage, i.e. we have exposed the guarantees of this protection to the investigating judge, then we have presented these guarantees in the trial stage by controlling the procedural framework of the trial and also establishing the justice of the criminal trial, considering that the accused has the right to a fair and speedy trial that imposes changing the judge in the event that this right is neglected.

The issue of equality is one of the most prominent and fundamental topics of modern times, emphasized by human rights organizations within the framework of international agreements that stress the necessity for states to adhere to a set of basic rights. Among these rights are equality before the law, achieving justice, and the right to a fair trial. To ensure the desired justice, it is essential to establish a balance between prosecution and defense to the greatest extent possible, contributing to the attainment of the intended objectives of the legal system.
The principle of equality is considered one of the fundamental constitutional principles that most constitutions strive to include in their texts. The concept of equality has witnessed remarkable development, transitioning from its traditional meaning of absolute equality to a modern concept focused on achieving equality between similar legal standings. Legislators aim to define these legal standings in advance within the framework of criminal procedures, ensuring equality before the law, under the law, and in its application.

Abstract: The authority of the administrative body to amend a contract is the fundamental characteristic of the administrative contract system and the most prominent feature that distinguishes it from the civil contract system. The administration, by its sole discretion, has the right to amend a contract during its implementation, modifying the extent of the contracting party's obligations in a manner and form that was not known at the time of concluding the contract. This may increase or decrease the burden on the other party whenever the need for the facility or the public interest necessitates such an amendment. This is because the nature of administrative contracts, their objectives, and their foundation on the concept of the continuity of public facilities require changes in the contract's circumstances, context, and implementation methods, depending on the requirements of the facility's operation.

Abstract: The role of judicial supervision over the sale of insolvent debtor's assets that are seized by execution and the distribution of their proceeds represents an essential element to ensure legal justice and protect the rights of all concerned parties. This role begins with verifying the validity of the legal procedures related to the executive seizure of the debtor's assets, through the evaluation of the assets by specialized judicial experts, and ending with organizing the sale process through public bidding. The judiciary is keen to ensure adequate advertising of the sale to achieve transparency and attract the largest possible number of buyers to obtain the best value for the seized assets. The just executor or supervising judge also distributes the proceeds of execution according to priorities specified by law, As priority is given to the preferred debts explicitly stipulated by the legislator, such as executive expenses, fees, expenses, etc.. while the remains must distribute among ordinary creditors according to the principle of dividing creditors. The main objective of this supervision is to prevent any exploitation or abuse, achieve a balance between the rights of creditors, and ensure that the rights of the debtor are not infringed, while fully obligating with the governing laws and legislation.

Abstract: Non-binding legal rules are a set of rules included in documents that do not constitute official binding sources of law according to paragraph 1 of Article 38 of the Statute of the International Court of Justice. These positions do not have binding legal force، but they can nevertheless have certain (indirect) legal consequences and aim to achieve these consequences and lead to them. These rules have always been the subject of jurisprudential debate among Western legal scholars، some of whom have refused to call them law because there is no non-binding law. Either there is binding law or there is no law. While others have gone so far as to say that the effectiveness of these rules in achieving the desired goals should be investigated and the issue of investigating their legality should be ignored. This jurisprudential opinion focuses on the many advantages provided by non-binding law that neither treaties nor custom can provide. Therefore، the majority opinion goes to defending these rules and overlooking their flaws.

Abstract: The new Iraqi Traffic Law No. 8 of 2019, which entered into force on October 5, 2019, includes a new principle in the Iraqi legislative system: "The penalty of imprisonment shall be dropped by waiver and mutual consent." This principle applies to crimes related to fatal run-over accidents, as regulated by the Iraqi legislature in Articles 36-37 of the aforementioned law. The effect of the penalty being dropped does not apply to other crimes. Accordingly, the new law has raised numerous problems before Iraqi courts. Based on these problems, we have attempted, through this research, to develop appropriate solutions to mitigate the effects of these problems within the paragraph related to recommendations included in the conclusion of our research.

Abstract: Artificial intelligence (AI) represents one of the most important digital developments that has had a significant impact on all sectors, including the issue of determining and paying workers' wages, which the legislator has deemed a fundamental issue under the current labor law. AI impacts workers' wages, either positively or negatively, through the ability to pay workers' wages electronically or in cryptocurrencies, facilitating the process of paying wages from employers and receiving them from workers. However, this faces a number of obstacles, most notably the weakness of Iraq's digital infrastructure, the lack of electronic awareness among workers, and the risks of digital currency instability. This requires the establishment of a sound legal system and specific mechanisms to address the issue of paying workers' wages using AI technologies to guarantee workers' rights.

This study examines the legal status of the liquidator during the bankruptcy process in both Iraqi and Iranian law. This research seeks to shed light on the legal relationship between the liquidator during the bankruptcy period and the legal nature of the liquidator's actions. The answer to this question bears crucial legal implications, notably in terms of determining the scope of the liquidator's discretion in the liquidation process, such engaging in the sale or purchase of the bankrupt business person's assets or conducting transactions with the debtor. These issues are crucial in determining the liquidator's legal status.
The present research tackles these questions by adopting a descriptive-analytical methodology to conduct a comparative approach a comparative analysis of the legal systems of Iran and Iraq. Findings suggest that determining the liquidator’s legal status in Iraqi and Iranian legal systems requires attention to various factors. Some legal scholars have addressed this issue by describing the liquidator as an agent of the bankrupt business person or the creditors, while others view the liquidator’s role as representing the business person, with still others considering the liquidator a surrogate. Nevertheless, what holds true in both legal systems is that since the liquidator is appointed by the judiciary authorities and acts on behalf of both creditors and the bankrupt business person, this role arguably possesses a special legal nature.

Abstract: The treatment of parents in our society has always been a standard of virtue in this world, and a great reward in the hereafter. People stand out from it and take pride in their care and attention to parents. This tattoo is still rooted in many. However, the great changes that have taken place in our society have contributed to changing the system of values and morals for some, which has led to an increase in cases of parental disobedience in recent times. Unfortunately, there is an urgent need to criminalize these cases with clear and explicit provisions that move righteousness to parents from the level of virtue and values to the scope of rights protected by the criminalization provisions. Article 29 (ii) of the Iraqi Constitution affirms the right of parents to receive respect and care from their children, especially in cases of destitution, disability and old age. The Iraqi legislator excelled in Law No. (10 of 2024) to amend the Iraqi Penal Code, where he repealed Article (384) and completely redrafted it. He added a new crime under the name of "disobedience of parents" in paragraph (second) of the said article. It is worth noting that the legislator has developed several provisions related to crimes that may affect (the assets of the offender), including the crimes described in Article (3/A/3) of the fundamentals, where the complaint can only be initiated based on a report from the victim. Some crimes committed against the offender's assets are considered an aggravating circumstance, as evidenced in articles 406/1/d, 410 and 414/3 of the Penal Code. However, other forms of this crime have been identified that are quite different from the usual offenses that may specifically target parents and for which the perpetrator may not be criminalized and punished. The aim was to effectively protect the rights of parents. Its purpose, as stipulated in the reasons for the legislation, was to criminalize acts that fall under the concept of parental disobedience and to protect the family and social order, a trend followed by many Arab and Islamic countries to take care of the rights of parents over children and preserve the social entity of the family.

Abstract: The aim of this research was to comprehensively and objectively analyze the impact of AI on the rules of administrative law. It also aims to highlight the benefits and challenges that may arise from the application of this technology in the field of administrative law. The descriptive approach was used, where the researcher obtained relevant research, studies, books, and references. The research came up with several findings, the most prominent of which was that the use of AI in administrative law has greatly affected the speed of administrative decision-making and improved the efficiency of human resource management. By using AI techniques, efforts and resources can be directed towards the most important and necessary priorities. The research also came up with recommendations, the most prominent of which was the need to pay attention to the impact of the rapid development of AI technology on various fields, including the field of administrative law, which may be the focus of our attention in this context. Thus, the research recommends addressing the topic from different aspects of how AI affects the formulation and application of administrative law rules.

Attribution within the scope of the Penal Code is either material attribution or moral attribution. The first requires attributing the crime to a specific person, and therefore it represents an element in the material element of his crime, because it is sufficient for the crime to be committed by the perpetrator’s criminal behavior.
As for the moral attribution that we are examining, it requires the existence of a voluntary link between the perpetrator and his crime.
The crime is not attributed to a person unless he has the ability to perceive on the one hand and the ability to choose on the other hand, and this is the essence of our research.

Abstract: With an eye on the balance between public health policies and international human rights standards, this study investigates the legal status and rights of foreigners during epidemic outbreaks. For foreign nationals, epidemics provide particular difficulties as nations may have differing policies about health that affect non-citizens. This paper examines important elements of foreigners' rights to health, migration, and consular help by means of examination of international treaties, public health regulations, and case studies from recent worldwide health crises. Results show that while international law requires non-discriminatory access to healthcare and due process, differences in national emergency authorities and resource allocation often result in uneven treatment of foreigners. Emphasizing fair healthcare access, open information, and the legal use of quarantine and detention, the paper ends with suggestions for harmonizing international norms to further protect foreigners's rights in future epidemics.

Abstract: The basic principle in assessing compensation is to oblige the person who caused the damage to fully compensate the injured party for the damage and losses caused by his negligent or aggressive act and to restore the situation to what it was before the damage occurred. As an exception, civil codes allow the assessment of compensation to be equal or close to the damage to compensate the damage incurred by the injured party without covering the full damage and losses based on the requirements of justice due to the impossibility of restoring the situation to what it was before the damage occurred. The fair wage is one of the compensations that is based on compensating the damage and losses to an appropriate extent due to the impossibility of restoring benefits after civil codes have recognized the possibility of compensating the damages that occur to benefits and recognizing it as money. Since this is the case, the judge and the injured party must take into account the special provisions related to the fair wage within the scope of the exception to avoid the judge expanding the scope of the exception that the law prohibits, while taking into account the elements and components upon which the validity of its assessment depends, in addition to taking into account the foundations and controls that affect the amount of the wage and the standards upon which it is based after the injured party adheres to the legally prescribed form for claiming it.