Risalat al-huquq Journal

The impact of genetic development technological has included all aspects of human life, as this development is considered a measure of the progress of countries and meets both the public interests of the state and the private interests of individuals. To achieve balance between these interests, the state's right to technological genetic development technological must be matched by its commitment to protecting human rights; such as the right to life, the right to health, the right to physical integrity, etc., which requires the intervention of the legislator to weave legal protection, especially the necessary criminal protection for the negative effects resulting from these rights. Hence, the need has become urgent and necessary to establish criminal protection based on training and qualifying social justice agencies to protect genetic development technological, and the necessity for countries to develop or amend their criminal legislation to keep pace with technological genetic development. Especially since the applications of genetic development technological, including genetic fingerprinting, enjoy the argument and legal weight that is comparable to valid evidence, and the court has discretionary power to rely on it when forming a judicial conviction or squandering it, which must be based on logical reasons and refuted according to scientific principles, not just moral evidence. The research content was divided into two sections preceded by an introduction. The first section was devoted to the conceptual framework of criminal protection of genetic evolution technological, and the second section explains the applied framework of genetic evolution technological (genetic fingerprinting as an applied model).We concluded the research content with a conclusion that includes a set of conclusions and proposals on the role and positive impact of genetic evolution on evidence in criminal law

The legal rules the legislator decides in the criminal law must be clear, accurate and disciplined so that the individuals can know in advance what behavior is criminal and what behavior is permissible, but despite this, rules of the law, at the same time, must be accepted by all members of society who are subject to them and whose behavior and conduct are ruled by them. To say anything contrary to this makes the criminal law, when applied, a law that is based on compulsion and obligation the individuals would not a abide by it willingly and satisfactorily but compulsorily. Because of the terror of the punishment and its consequences the legislator threatens to inflict on any one who infringes this commitment. The acceptability of the rules of the criminal law makes the individuals abide by them, a commitment resulting from satisfaction and certainty and not a commitment that is built on threat and promise, This will not take place unless these rules are accepted by members of the society or the social medium in which these rules are intended to be applied. Undoubtedly, the research dealing with this question will not be accurate if it covers the outside only without getting to the essence for the truth of the criminal text requires going deep into the judgment it decides, then it becomes justifiable for us to say that the acceptability of the provisions the criminal law decides is achieved if two elements or two conditions are available. These two elements guarantee the achievement of this acceptability. They are the reality of the criminal law provisions and their reasonableness at the same time.

The subject of our discussion of the invalidity of the marital bond is summarized in the presence of many cases, including those stipulated in the evidence of the legal provisions and other new cases that did not receive an explicit legal regulation, so any pillar of the marital bond, whether at the level of formation or termination, would lead to the nullity of the marital bond, and the same is the case if some conditions failed Which was mentioned by Muslim jurists, and the matter is not limited to that, as the recent development in the world has had a great impact on cases of invalidity of the marital bond, and the best evidence for this is the invalidity of the marital bond due to the change of sex.

The developments of modern technology that the modern era is witnessing, specifically in the field of communications, information technology, and computing sciences, have been reflected in the framework of intellectual property through the emergence of new intellectual works in the virtual world, which differ from what is the case in traditional works, and with the beginnings of the emergence of the world of computing, many innovations have emerged. Electronic works, which are known as digital works, such as computer programs, databases, multimedia, etc., and with the emergence of the Internet, which is considered a turning point in the entire world and the integration of computing space with the world of virtual space, which led to the emergence of many digital innovations that are added to the types of digital works or Information technology, which has raised controversy in the field of technical and legal studies, which requires studying the concept of digital works and determining their scope and types. These works take the digital environment as a fertile field for their spread and circulation, which requires the availability of a legal framework that provides them with the necessary legal protection to grant sufficient development and encourage thinkers and creators. To continue with their technical innovations, and given the special nature of digital works that differ from what is seen in traditional works, they have sparked widespread controversy in the field of legal studies in the framework of private international law, which requires extensive study within the framework of international agreements and national legislation in the field of rules. The conflict of laws led us to determine the law applicable to digital works when they are attacked.

The term nationality is a product of social development and its foundation may go back to the early stages when man naturally tended to coexist with others in the form of common groups. The idea of nationality was linked in ancient times to the family, tribe, and then nation, translating the individual’s belonging to the group in which he lived. The family was the first form of groups, and from the multiplicity of families, tribes emerged, which are considered the first nucleus for the formation of nations, which are a group of people. These groups descend from one origin and may unite in language and beliefs and share common customs, traditions, and hopes. The formation of the nation in this form did not continue due to invasions and conquests, which resulted in mixing between races, but this mixing did not eliminate the idea of the nation as a unit of the group.

The terrorist entity ISIS represents an intellectual and ideological extension of the Al-Qaeda organization led by Osama bin Laden and its affiliated groups. This entity has committed many terrorist crimes since its emergence as an armed force, which are considered serious international crimes such as crimes against humanity, genocide and war crimes, which claimed the lives of thousands of civilians and military personnel, and its demolition of places of worship, churches, archaeological sites and other acts. The efforts to interact and assess the seriousness of terrorism and its efforts to criminalize terrorist acts were led by the Security Council’s resolutions, starting with Resolution No. (1276) of 1999, and Resolution No. (1373) of 2001, through which it followed the most important aspects of terrorism, including the phenomenon of international terrorists, then Resolution No. (2170) of 2014 regarding foreign fighters in the ranks of the terrorist entity ISIS, Resolution No. (21199) of 2015 regarding the sources of financing for the terrorist entity ISIS, and Resolution No. (2379) of 2017 regarding To hold the terrorist entity ISIS accountable for killings, kidnappings, hostage-taking, suicide bombings, selling women or forcing them into marriage, and human trafficking, to collect evidence of their crimes, and to conduct fair and independent criminal proceedings conducted by specialized courts at the national level in accordance with international humanitarian law.

The subject of the research is to prove the defect of abuse of authority as a reason for the cancellation of the administrative decision by the administrative judiciary, which faced difficulty with the plaintiff in revealing and proving this defect, so it made an effort to transfer the burden of proof from the plaintiff to the administration by relying on several methods to prove the deviation in authority, including direct methods such as the text of the contested decision or the case file, and indirect methods such as the evidence surrounding the dispute or circumstances outside the dispute through several judicial efforts that contributed to expanding the administrative judiciary’s oversight of the administration’s actions to ensure that authority is not abused and to protect the public rights and freedoms of individuals.

Political rights are among the most important rights enjoyed by individuals within the state and are linked to the link of nationality. They are a political reflection of society that confirms the individual as a citizen of a specific state, granting him the right to participate in governance and express the sovereignty of the nation, and since the composition of Iraqi society is described as a multi-component and diverse society. cultures, this diversity extended to the ruling political class; The latter establishes a constitutional custom that takes into account the components of society and considers it a basis for dividing power, which may impose on the judiciary legal restrictions arising from the constitutional document and legislative laws, or realistic restrictions emanating from the political and social reality, which makes it the task of the Federal Supreme Court to approve the constitutional rules and principles in The limits of its jurisdiction are an arduous and complex task, which may force the court to strive to balance these variables and guarantee rights and freedoms, impartially and independently, especially in light of a modern democratic system, and a young federal court that did not stop at purely legal standards that might prevent it from issuing decisions. Rather, it concluded many of constitutional principles within a short period

Digital drugs are one of the worst left by digital technologies, because of their impact on the psychological and mental health of members of society, as they have become a scourge that threatens young people and adolescents, and despite their spread, most users do not know the extent of their danger, as well as the international community's reluctance to find real solutions to avoid this danger, so we try through this study to highlight its concept and the reasons for its spread and the most important international efforts to combat it.

The issue of selling and trafficking children is considered one of the most serious crimes due to the humanitarian aspects it raises، which require that the greatest amount of attention be paid to it by countries and the international community. Although the crime of human trafficking falls under the general concept of the crime of slavery، as it constitutes the practice of the right of ownership over a person، the international community has given special attention to the crime of selling or trafficking since the beginning of the twentieth century، considering that it targeted a specific category of people، namely women and children، as they are the category that is more exposed to poverty than other people، especially the lack of education. Researching international efforts to prohibit the sale of children and combat trafficking in them requires talking about the international agreements and treaties that have been concluded to reduce these crimes in the first section، and then addressing the Protocol to Prevent، Suppress، and Punish Trafficking in Persons، Especially Women and Children of 2000، in the second section.

The need of developing countries for advanced scientific technologies in the process of progress and desired prosperity does not stop at the threshold of physical possession of this technology. Rather, these countries have become in dire need of acquiring the ability and technological empowerment in a sufficient manner that achieves these countries a complete and independent ability to manufacture, produce, and market. And development of technically innovative products. In this context, typical contractual patterns came into being that achieve the transfer of technology in a realistic and practical manner, and not merely transfer it in a theoretical or partial form.

Legal protection is an important pillar for any country to encourage investment. This is because investors can secure their capital against unexpected adjustments through the availability of their capital and securing their reasonable expectations determined in accordance with existing legal texts. Public authorities must avoid diminishing the privileges granted to investors under existing laws. In order to protect existing investments and attract additional investments, it is not permissible to cancel the exemptions or benefits provided by legislation to investors or impose new taxes that were not present in the investment environment when the investments were initiated.

If the rule is the presence of minorities in all countries and the exception is its absence, then this issue concerns the international community and plays its important role in achieving stability or straining relations between its units, so international law has sought through jurisprudential theories, international agreements and judicial practices to protect minorities except that This protection was once dissolved in the sphere of human rights and once appeared as a special and only fundamental right of minorities. To achieve the protection of the rights of this group, the United Nations looked after the realization of the principle of human rights first to more recognized rights regardless of any discriminatory considerations such as language, gender, color, element, and nationality, and for this purpose formulated a huge system of texts, declarations, and agreements, and put in order to activate it an integrated system of mechanisms and expanded regional systems In turn, to enrich the efforts of the international community towards eliminating all forms of discrimination against minorities and creating an atmosphere of tolerance and coexistence that guarantees them to preserve their existence and develop their culture and identity.

The special pardon is a privilege granted to the head of state regardless of the system of government, whether republican or monarchical. This right, which is exclusive to the head of state and benefits a specific accused or a group of accused, is specified in the Republican Decree. It applies to original citizens or those with acquired citizenship in the country. The Iraqi Constitution of 2005, in Article (73), and Article (154) of the Iraqi Penal Code No. (111) of 1969, regulate the provisions of the special pardon. The pardon is not exclusive to the President of the Republic, but the current constitution stipulates that it be issued upon the recommendation of the Prime Minister. The constitutional legislator has required that the pardon be issued based on a recommendation, and thus the President of the Republic is bound by what is stated without having the right to amend it by addition or deletion. The recommendation is not binding on the President of the Republic, but rather is a necessary condition for its issuance. Issuance is within the jurisdiction of the President of the Republic, who is the main driver of the pardon decree and the precise content and substance of the conditions that must be met. The responsibility of the Prime Minister within the scope of the special pardon is unclear and undefined, although this recommendation is an important part of the process of issuing a decree. Pardon.

Constitutional rules are superior to other legal rules within the state, and constitutional rules come at the top of the legal organization of the state, such that all state authorities are obligated to respect these rules in all their actions, and constitutional courts have begun to proceed from this point, i.e. protecting the constitution and ensuring its respect, to play an important and remarkable role in political life, through intervening in the field of work of the legislative and executive authorities, until the constitutional judiciary has come to occupy second place after the constitution, in restricting and directing both the legislative and executive authorities, in addition to its role in commenting on their actions and correcting their deviations.

Freedom of expression is embodied in the ability of a person to express what he believes in terms of opinions, ideas, or beliefs by any means of expression, whether verbally, by gesture, or by any means of various broadcasting whether visual or audio media, the digital Internet network, or any other means without affecting the public order or the rights of others. The right to freedom of opinion and expression is included among the moral rights and freedoms, as Islam guarantees this freedom to all, rulers and ruled. These rights were mentioned in the French Declaration of Human Rights in 1789, in the Universal Declaration of Human Rights in 1948, and in the two international covenants in 1966. Moreover, the right to freedom of opinion and expression has also been mentioned in the texts of previous Iraqi constitutions. Besides, the Law of Administration of the State for the Transitional Period 2004 included texts that refer to this right. However, this right did not find a place for practical application in Iraq until after 2005 and in a varying manner. Article 38 of the Iraqi Constitution of 2005 constitutes an advanced stage in the existence of a suitable environment for the right of expression in the Iraqi state. Still, it is not sufficient to guarantee this right. The legislative authority should regulate freedoms and rights with its discretionary authority unless the constitution restricts it with specific systems that stop its unregulated expansion and set frameworks for its practice. If the constitutional articles are applied realistically and soundly, they will result in the birth of a democratic society that contributes through their opinions to building and elevating their country.

It is known that the improvement that occurs to the property, which requires the imposition of an improvement fee on the owner, is a matter that has nothing to do with the latter, but rather is part of the requirements of the master plans or basic designs of cities and their updates, and it is also part of the development process that occurs in cities and is therefore a requirement of the public interest. Taxes and fees, including taxes and fees on real estate improvements, are part of the legislator’s means of achieving the goals of the public interest, as they are new revenues to cover the new expenses, feed the public treasury, and support the municipal budget within the framework of the expanded administrative decentralization in Iraq.The real estate improvement fee or tax (honorary) and other fees and taxes that municipalities are concerned with and that are imposed within their municipal scope aim to meet financial needs based on the principle of social solidarity, so that this financial verification is imposed on taxpayers as they are joint members within the borders of one municipality and they pay it in order to feed the local treasury of the municipality, regardless of the extent of the services actually provided to them, even if these services are the basis for imposing fees and taxes, which leads to studying the hypothesis of the fee and tax as a financial verification that falls on taxpayers within the borders of the municipality. Because real estate improvement means, among other things, that the property (real estate) has improved and become more honorable, and its improvement and honor stem from a set of requirements, and the legislator has differed in them from one country to another in terms of expansion or restriction in the cases that require the realization of this tax or fee.

It is known that the improvement that occurs to the property, which requires the imposition of an improvement fee on the owner, is a matter that has nothing to do with the latter, but rather is part of the requirements of the master plans or basic designs of cities and their updates, and it is also part of the development process that occurs in cities and is therefore a requirement of the public interest. Taxes and fees, including taxes and fees on real estate improvements, are part of the legislator’s means of achieving the goals of the public interest, as they are new revenues to cover the new expenses, feed the public treasury, and support the municipal budget within the framework of the expanded administrative decentralization in Iraq.The real estate improvement fee or tax (honorary) and other fees and taxes that municipalities are concerned with and that are imposed within their municipal scope aim to meet financial needs based on the principle of social solidarity, so that this financial verification is imposed on taxpayers as they are joint members within the borders of one municipality and they pay it in order to feed the local treasury of the municipality, regardless of the extent of the services actually provided to them, even if these services are the basis for imposing fees and taxes, which leads to studying the hypothesis of the fee and tax as a financial verification that falls on taxpayers within the borders of the municipality. Because real estate improvement means, among other things, that the property (real estate) has improved and become more honorable, and its improvement and honor stem from a set of requirements, and the legislator has differed in them from one country to another in terms of expansion or restriction in the cases that require the realization of this tax or fee.

After the sale of real estate in Iraqi legislation became a formal contract that is not concluded except by registration in the Real Estate Registration Department, the method of dealing with real estate ownership requires its parties to conclude a pledge to transfer ownership of the property before completing the registration procedures. After this pledge, the contractor maintains a stronger and broader legal position than the position of the second party, which is the contractor, due to his retention of ownership of the property despite this pledge, while the contractor acquires some rights that are no more than personal rights. However, the legislative intervention under Resolution 1198 of 1977, as amended, came to transform this personal right into a real right to transfer ownership of the property pledged by transferring its ownership from the contractor to the contractor in the event that the former refuses to acknowledge the second’s right before the competent employee in the Real Estate Registration Department through a judicial ownership lawsuit if the contractor has inhabited the property or constructed a building or other facilities in it. However, taking the path of this lawsuit is not paved due to the problems that beset it, some of which are due to the failure of the applicant for ownership to carry out the works required by the legislator or their insufficiency or what is due to them To the contractor's malice and actions with the intention of frustrating the ownership request, and external reasons may prevent this goal.

Robots are one of the modern and widespread means in our current era because their effective and important role in helping humans perform certain tasks and meet their essential needs, and to its role in the international economy. It has become necessary for robots to have a specific nationality at the present time to avoid the problems that arise due to their use and the resulting harm to others. However, this nationality is not granted to these machines as a person and based on the political and legal relationship that links the person to the state. But, nationality is granted as tangible things (material movables) and on the basis of the country in which the registration process for those machines takes place, compared to what is followed regarding granting nationality to ships and aircraft as tangible movables.

Criminalization of forced marital sexual intercourse is at odds with the permissibility stipulated by the contract. If balance in contractual obligations is a desired goal in the family bond to achieve stability, then establishing the criminalization of consensual sexual practices, concealing the wife’s consent to sexual intercourse during the contract, and taking into account her immediate consent represents a provocative legislative problem in the marital circle that stems from establishing sexual enjoyment as a common right for both parties to the contract. Moreover, sexual intercourse between spouses takes different positions, then its classification from the legal and religious perspectives is a necessity imposed by clarifying its provisions that separate between permissibility and prohibition, and showing the position of Iraqi and comparative criminal law on sexual acts committed by the husband in light of the legitimacy of the sexual relationship. Also, the extent of the need to organize it by not issuing convictions for marital rape on the one hand, and criminalizing some forms of marital sexual intercourse on the other hand, and this is what the study seeks in its demands.