AL- Mouhaqiq Al-Hilly Journal for legal and political science

The problem of juvenile delinquency in Iraq is one of the important issues facing society and law, as it is linked to many social, economic, and psychological factors. Despite the existence of special legislation to address this problem, there are significant challenges that affect its effectiveness. This research aims to shed light on the shortcomings of these legislations, especially the Juvenile Care Law No. 76 of 1983, in terms of the antiquity of the law and its failure to keep pace with modern developments, its inadequacy in providing real reform alternatives, the weakness of rehabilitation and reintegration mechanisms, and the absence of an effective role for the family and society. This research argues that in order to reduce the phenomenon of juvenile delinquency in Iraq, it is necessary to create an integrated system based on scientific foundations that aim to improve implementation mechanisms and enhance preventive and rehabilitative programs.

:The seizure of the debtor\\'s funds and their sale, whether these funds are movable or real estate, is represented by the competent authority for the collection of government debts by issuing a decision to seize the debtor\\'s funds that may be legally seized and sold, in fulfillment of the debt incurred by him at the maturity of the debt, and did not pay his debts in a consensual manner, and the legislation has specified the countries subject to comparison procedures that the administration must follow when seizing despite the difference of countries in these procedures, including warning the debtor and informing him. In addition, the administration obliged, when selling these funds, that the sale should be through public auction, to protect the interest of the creditor and preserve the material value of his funds.

Most strategic analysts, and centers of research, studies, and political analysis, agree that the Palestinian issue is considered the most complex and longest-lasting issue among the contradictory issues that have faced the system of international relations for more than 7 decades... This fundamental and shocking fact at the same time adds more importance. It focuses on research and studies that studies and analyze the position of a country on the Palestinian state and its impact on the nature of relations between Israel and the United States of America, including the economic, diplomatic, political and security dimensions that this relationship includes. The Al-Aqsa Flood operation cast a shadow on the nature of these relations and crystallized an American- Israeli position towards the broad operation included in the Al-Aqsa Flood attack, which caused confusion to the concerned parties under the weight of the sudden attack. This confusion resulted in the unmasking of the American role disguised as peace in the Middle East. The right of peoples to self-determination, and even revealed the fragility of the role of the United Nations in confronting genocidal wars of oppressed peoples, and the Palestinian issue in general is the best example of the constants of American policy towards Israel despite the change of governments and individuals, and this appeared clearly in the position of the United States of America regarding Al Aqsa Torrent Operation.

The evolution of the concept of appeal has led some legislations to allow multiple disputes to be considered simultaneously, facilitating procedures, reducing costs, and avoiding conflicting judgments. If a party accepts a judgment or misses the appeal deadline but is surprised by an appeal submitted by the opposing party, the legislator has granted them the right to appeal in response to the original appeal, even if their right to file an original appeal has lapsed. The core issue of this research lies in whether the legislator should grant parties the right to litigate against each other after the appeal period for divisible and indivisible disputes has expired for other reasons. This will be explored within the framework of the evolving concept of appeal in terms of persons and subject matter in limited cases. A comparative analytical approach will be adopted, examining Iraqi, Egyptian, and French laws. The research will be divided into two sections: the first will address divisible cases before appellate courts, while the second will focus on indivisible cases.

Unlike the American legal system, which allows for punitive damages, French law strictly applies the principle of full compensation, in which the function of compensation is limited to the corrective aspect, not the punitive one. However, the idea of punitive damages has begun to show an echo on two levels : first, through, on the one hand, attempts at rapprochement made by jurisprudence between some legal systems and the idea of punitive damages, as is the case with the punitive fine or the penalty clauses, and second, through the flexible position shown by the French Court of Cassation on punitive damages. As for the second level, it appears through draft laws that have attempted to hybridize the subject of punitive damages and dress it in a new guise under what is called the civil fine as one of the expected solutions in the fight against profitable errors.

The research topic deals with the concept of criminal liability for establishing a party in violation of the provisions of the Political Parties Law by explaining its concept, as the Iraqi legislator has criminalized it in Article (46) of the same law, which consists of two paragraphs. The crime in the first paragraph is considered a political crime due to the application of the conditions of the political crime stipulated in the Iraqi Penal Code. As for the crime stipulated by the legislator in the second paragraph, it is considered a terrorist crime, as the legislator has excluded it from political crimes within the Iraqi Anti-Terrorism Law. It is also considered a crime that affects the internal security of the state and may be similar to the criminal liability for establishing a military organization within the party or being associated with it, and the criminal liability for establishing a party organization within state institutions, but it differs from them in several differences.

Most countries have sought through their modern legislation to organize methods and procedures to protect copyright and patents and prevent any infringement on them, including Egypt, which organized this under Intellectual Property Law No. 82 of 2002 and its regulations. Likewise, the Iraqi legislator has adopted a set of laws related to the protection of these rights, due to their national and international importance and under different names, including those related to the protection of copyright No. 3 of 1971 as amended and those related to the protection of patents and industrial models No. 65 of 1970 as amended, which led to the multiplicity of laws as well.
On the multiplicity of administrative bodies responsible for protecting these rights according to the laws that regulate their provisions.

This research dealt with the crime of genocide, by focusing on two important parts. The first: studying the definition and characteristics of the crime of genocide, and the second part: clarifying the crime of genocide in the Palestinian context, as the United Nations General Assembly adopted in 1948. It is agreed upon Defining it as “committing any of the acts stipulated in Article 1 of the Convention with the aim of completely or partially exterminating a group on the basis of nationality, race, gender or religion,” as the acts that constitute genocide varied between killing and inflicting serious physical or psychological harm, Or transporting children, or preventing the spread. The second part: clarifying this crime in Palestine, where the Zionist entity, from 1948 to the present day, has committed the most horrific and dangerous acts in the Palestinian territories, including the killing of children, women, the elderly, and youth, and other acts of forced displacement and leveling of lands. In contrast, we did not find any movement from society. The international community condemns these actions, which constitute an exceptional international an exception was made to the request submitted to the International Court of Justice by the South African government in 2023, but it was of no avail, due to the pressure exerted by major powers on the court.

The crime of enticing a child into begging is a serious, attention-grabbing and worrying crime that continues to threaten societies, in addition to being a painful and inhumane problem. Child begging weakens the energies, abilities and potential of the future generation to advance their societies. It is also a violation of children's rights. Given the status of the child and to prevent his exploitation, the Iraqi legislator has been keen to criminalize enticing a child into begging. The crime in question consists of the general elements represented by the material and moral elements, in addition to the special element represented by the child. The penalties for it range from simple imprisonment to a fine.

The issue of legal regulation of the conditions for granting a weapon license is one of the important topics worthy of study, since the weapon license is one of the means of state intervention in the practice of individual activity to prevent the harm that may arise from this activity if it is carried out without a permit, as unlicensed weapons spread, which puts the security of citizens at risk. Therefore, We find that the Iraqi legislator specified the conditions for granting a weapon license in accordance with Weapons Law No. 51 of 2017, the instructions for possession of firearms, and the health fitness instructions for granting a license to carry and possess weapons Likewise, in the comparative countries, we find that the French legislator specified these conditions in the Internal Security Law, and in Egypt in the amended Weapons and Ammunition Law No. 394 of 1954, as well as instructions on the health fitness necessary to carry weapons and prove their availability

The mandatory constitutional deadlines are an essential element for ensuring the smooth functioning of the constitution, and exceeding them leads to the disruption of constitutional institutions and the creation of political and constitutional crises. The Federal Supreme Court has emphasized in its rulings the necessity of adhering to these deadlines. However, reality has revealed violations without clear penalties, which has weakened compliance. This necessitates amending the constitution or issuing legislation that imposes clear penalties on entities that exceed constitutional deadlines. It is also necessary to strengthen the role of the Federal Court in overseeing the implementation of these deadlines, establish legal mechanisms to ensure their respect, and activate the role of Parliament in monitoring compliance to ensure the stability of the constitutional and political system.

There is no doubt that this study has great importance because it was legislated to protect rights from loss. The importance of this study stems from the fact that this oath is one of the legal means that were found to protect the rights of a young girl who reached puberty and chose herself upon puberty, and requested the annulment of her marriage contract that was signed by her without her coercive guardian when she was a minor. The contract without the guardian was originally weak, from which the choice of annulment came to be made to remove hidden harm. Due to this importance, this study aims to remove the problems related to the oath of separation, the oath of a woman who chose herself upon puberty, and to answer questions that are raised and posed in the arena of law, judiciary and courts in general. These problems include a group of sub-questions, about the legal reason for directing it, what are its benefits, and whether the judge directs it without the need for a request from anyone, and whether directing it is an original procedure in the lawsuit, and if he fails to direct it, is his ruling subject to cassation.

Original works are of great importance, as they represent the intellectual property of their real owners. Therefore, the legislator preferred to provide criminal protection for these works, as he enacted the Copyright Protection Law No. (3) of 1971, as amended, and stipulated the criminalization of a number of acts and considered them as acts of piracy, the most important of which is the display of a counterfeit work or copies thereof for sale, circulation or rent, and punished whoever commits this crime with a criminal penalty, and increased this penalty in certain circumstances in Article (45) of the aforementioned law.

Administrative control and financial control are essential elements to ensure the stability of the administrative and financial system and to achieve sustainable development goals. The impact of administrative control is reflected in achieving the objectives of financial control through several points. Administrative control contributes to improving the efficiency of financial resource utilization by organizing administrative work and ensuring that institutions achieve their goals effectively, which leads to rationalizing expenses and improving the use of available resources. It also enhances transparency and accountability by establishing clear systems and regulations to monitor administrative and financial performance, ensuring that employees adhere to professional conduct standards, thereby reducing opportunities for financial corruption. Additionally, administrative control enforces compliance with financial regulations and approved policies, which minimizes violations and financial waste.

Artificial intelligence technologies play a major role in the field of creativity and innovation to the extent that these technologies can create inventions independently without human intervention. However, this has become a challenge in light of the shortcomings of intellectual property laws, including the Iraqi Law of Patents, Industrial Models, Undisclosed Information, Integrated Circuits and Plant Varieties No. (65) of 1970, in establishing an independent legal status that guarantees the attribution of invention to artificial intelligence systems, especially since the legal reality does not recognize the existence of an inventor other than a natural person due to the difficulty of recognizing the legal personality of artificial intelligence due to the lack of will and independence. Consequently, the problem of ensuring significant and independent legal protection for these technologies arises.

Recently, it has been noted that a group of actions and behaviors have spread that are rejected and denounced by society, such as publishing movie clips that include pictures, drawings, or publications that contradict the established morals and inherited traditions of our society, and thus threaten the public taste of society. Therefore, the legislator must have a role in limiting this by criminalizing some acts that violate modesty and public morals, and setting deterrent penalties to limit them with the aim of protecting society and its morals from dissolution and collapse. In this regard, we find that the Iraqi legislator has criminalized in Article (403) several forms of actions and behavior that fall within the crimes of morals and public morals in Chapter Nine of Book Two of the Penal Code in force No. (111) of 1969 (amended) under the title (crimes against morals and public morals). In order to determine the sufficiency or inadequacy of the penal text and to identify the weak points that marred that protection, we decided to make the crime of (advertising films that violate modesty or public morals) the subject of our research.

The legal system of the patent licensing contract was studied in light of the provisions set by the Iraqi legislator, so as to address its concept and what distinguishes it from other characteristics, as well as the rights and obligations of the parties to end at the end of the period specified in the license or in the law. Accordingly, the Iraqi legislator was characterized by shortcomings and insufficiency, especially with the existence of conflicting interests and varying legal positions between the licensor and the licensee, and its failure to organize the provisions of the licensing contract in a detailed and precise manner for its special issues to be subject to the provisions of the general rules of the contract in accordance with what is consistent with its distinctive nature, taking into account the provisions specific to the patent and the rules of intellectual property rights. Accordingly.

Administrative corruption is a phenomenon with an international dimension and poses an obstacle to development. Its negative impacts increase whenever countries experience economic weakness. Therefore, countries resort to any means or tools that can help them address and mitigate this phenomenon.
With the development of life and technology, artificial intelligence has played a significant role in reducing and combating this issue due to its advanced electronic capabilities and methods that can organize data and extract the necessary information to facilitate work accurately and correctly. Moreover, it ensures the oversight of this data, thereby enhancing the principles of transparency and integrity in government and private institutions

Although achieving sustainable development is difficult in some oil-producing countries due to their heavy reliance on oil revenues for decades, which has led to the creation of a rentier economic environment. Increased oil revenues have led to the neglect of other sectors and the spread of Dutch disease in some oil-producing countries, we find that many countries have been able to take real and serious steps towards achieving sustainable development, such as Malaysia and the UAE. Increasing attention to the role of the tourism sector and allocating the necessary resources to it through training and qualifying tourism personnel, maintaining tourist sites and establishing accompanying services, increasing awareness among the population of the importance of tourism and spreading tourism awareness among them, developing the infrastructure associated with this sector, and conducting the necessary publicity to increase the number of visitors. In addition, financial support should be provided to the private sector in this field.

the crime of currenecy counterfeiting includes any act intended to promote or circulate national or foreign currency. This is considered a serious crime that threatens the economic security of the state. We will address the most important penalties and how the legislator dealt with the punshishment for counterfeiters. Our goal is to explore the crime and its consequences. We also concluded that counterfeiting, even if the imitation is not precise, is still punishable by law if it is used as a means to counterfeit currency, regardless of its metal content or the form defined by the central bank of Iraq under law no.56of2004 regarding the crime of currency counterfeiting. According to article 50 of the law, anyone who manufactures or prepares tools for counterfeiting is considered a criminal and is punished with imprisonment for no more than five years or a fine not exceeding fifty million dinars. Or both

Administrative judiciary deals with disputes affecting the functioning of public utilities in the state. The task of the administrative judge is to adjudicate such disputes that arise between the state's administrative authorities. In order to achieve effective oversight of the legality of the actions of administrative authorities and protect the freedoms and rights of individuals, the administrative judge acts upon a lawsuit filed by the concerned party. This requires the administrative judge to develop a moral conviction that allows him to highlight his role, through administrative judicial oversight, in creating a state of balance between the activity of the administration and the rights of individuals. This is what the research was concerned with, i.e. how to form the emotional conviction for this, the foundations upon which it is based, and the scope of the administrative judge’s freedom in forming the emotional conviction.

Political rights, represented by the right to vote, elect, and run for office, are among the most prominent and important aspects of individuals’ participation in political life, which the Constitution guarantees them to express their opinions on some issues related to public affairs, such as referendums or the election of their representatives or deputies according to representative democratic systems. Political rights and democracy are two synonymous terms in their meaning and have one content, which is contributing to governance and authority. As for members of the Internal Security Forces, they are, of course, citizens of the state and members of the political body in society and are legally included in the exercise of political rights. However, the security function in the Internal Security Forces requires their tasks to maintain order and security and impose the prestige and dominance of the state. They are employees in principle, but some legislation, due to the nature and specificity of their work, has allocated a special law for them as an exception from the general law, which is concerned with organizing the employment service for this category.

Under the current 1982 Constitution, the Turkish Parliament enjoys a number of powers, including the power to propose and legislate laws, issue currency, declare war, approve international treaties and agreements, and approve general and special amnesties. There is also an oversight function, which includes overseeing the assistants or deputies to the President of the Republic and ministers. In Iraq, based on the 2005 Constitution, Parliament enjoys a number of powers, including legislative, oversight, and financial powers, including approving the budget. One of the most important findings of the study is that the legislative authority mediates between voters and the government. Executive and legislative powers in Turkey remain in the hands of powerful ruling parties, failing to balance and monitor each other. In Iraq, due to its broad powers, Parliament has deviated and abused its authority, devoting most of its activities to activities outside its legislative duties. Recommendations include ending quotas in the Iraqi Parliament, addressing budget approval issues, and ending the lengthy approval process for the Council of Federation.