Journal of Applied Legal Studies

The research revolves in two main axes, on the one hand the definition of the medical robot, and on the other hand, the provisions of civil liability for the damages of the use of the medical robot, through two basic sections, in the first section, we stand on the nature of the robot and its roots, where we address in this aspect the essence, concept, rooting and legal adaptation of it, in three basic demands, where the first requirement was allocated to the nature of the medical and surgical robot, while the second requirement was allocated to the historical rooting of the medical and surgical robot, as for the third requirement, it was Allocate it for its legal adaptation. As for the second section, it has been allocated to the provisions of civil liability for the use of the medical robot, in two basic requirements, where the first requirement has been allocated to address the basis of civil liability for the damage to the use of the medical robot, while the second requirement has been allocated to contractual and tort liability for the deputy humanists and we end up with a conclusion and a number of results and recommendations

It is known that writing academic scientific research, whatever its types, must depend on effort, and in no case should anyone who relies on artificial human intelligence write a third, in which it is sufficient to feed the information to the artificial intelligence technology without sharing its sources, and thus contribute to the details of his research. Without making any effort, what is considered fraud in writing the research and a clear conclusion, and this is for honesty and scientific sobriety, which are considered the most important features of the research, and there is no doubt that if fraud is proven in writing scientific research and scientific research using artificial intelligence, then it follows that it bears its responsibility for the research as well as the technology of artificial intelligence. .

It is known that the production of energy by traditional methods negatively affects the environment in general and human health in particular. Therefore, specialists became aware of these effects and many special conferences were held to address this problem, which resulted in the issuance of special legislation to reduce pollution. On the one hand, we find legislation that addresses Reducing the pollution resulting from oil production and the emissions associated with it through the establishment of special markets called carbon markets. On the other hand, we find that some legislation has regulated the benefit from renewable energy by exploiting the energy resulting from nature, such as solar energy, wind energy, water energy, and other Renewable energy sources, which requires the Iraqi legislator to intervene seriously and effectively to reduce pollution similar to other comparative legislation.

Smuggling crimes are economic crimes that contribute to sabotaging the security and economy of States. in order to prevent smuggling and looting of oil and oil derivatives.، to counter this crime، to protect oil wealth and to put an end to the ongoing crises in fuel scarcity، The Iraqi legislature is interested in protecting this wealth through legal legislation، as stipulated in the Iraqi Constitution of 2005 and in laws that preserve wealth in general and oil wealth in particular، including the Anti-Smuggling of Oil and Oil Derivatives Law No. (41) of 2008، and the Petroleum Products Import and Sale Act No. (9) For 2006، the Smuggled Property Control Act، which is prohibited from circulating in local markets، No. 18 of 2008، and the Customs Act No. 23 of 1984. In the Kurdistan region.، a special law was passed to combat oil and gas smuggling and their derivatives No. 3 of 2020.
Oil smuggling and oil derivatives have increased, and oil installations have been vandalized in recent years. The crime of smuggling oil and its derivatives has become one of the serious crimes facing Iraq's economic development process. They also constitute a manifestation of administrative and financial corruption. Smuggling has not been confined to Iraq's federal governorates but has spread to the Kurdistan region and in recent years has clearly increased. It is necessary to combat this crime.، protect oil wealth and impose a penalty commensurate with the seriousness of this crime. In order to put an end to these operations.، a special law entitled the Anti-Smuggling of Oil and Gas and their Derivatives Act was legislated for the Kurdistan Region of Iraq No. 3 of 2020). This law contains substantive and procedural criminal rules. The research has identified the most practical aspects of the legislation in force and judicial applications in the successor to Iraq's deferral. The research has concluded a number of conclusions and recommendations in which we seek to contribute to combating this crime and supporting the Iraqi federal economy and the Kurdistan region.

The oil wealth in Iraq is considered a sovereign wealth, as the country depends on it to a very large extent in managing the state budget, because oil revenues are not competed with by any other resource, despite the importance of other resources. Therefore, we find that protecting this resource is a must. Therefore, the Iraqi legislator enacted a law that combats oil smuggling. Or any of its other derivatives, whether that smuggling is through traditional methods or modern methods. Among the traditional methods for smuggling oil or its derivatives is modifying the vehicle’s fuel tank in a way that makes it hold more than the amount allocated to the vehicle for the purpose of smuggling. Therefore, we find that the Iraqi legislator has stipulated that this is prohibited. The phenomenon is stipulated to be included in the punitive provisions contained in the law concerned with combating the smuggling of oil and its derivatives, which is what we chose to highlight in our research.
Keywords: oil, smuggling, tank, fuel, modification.

The research deals with a main idea related to the Iraqi legislator's tendency to explicitly state the inclusion of oil facility sabotage crimes in the category of terrorist crimes, when the perpetrator's goal is smuggling, and the legislator has thus ignored a very important issue, which is the necessity of the existence of the decisive and logical element necessary to say that a terrorist crime exists, which is that the perpetrator's intention is directed towards achieving a specific goal beyond the criminal result associated with the physical activity he committed, and this goal is the intent to intimidate and terrorize.

The Iraqi legislator, on his way to including the crime of oil facility sabotage in the category of terrorist crimes, created a crime that has no connection to the nature of the terrorist crime, and deviated from some constitutional principles, the most important of which are the principle of criminal legality, the principle of necessity, and the principle of proportionality, and violated the logical approach of the French legislator, who stipulated the availability of a specific purpose for the perpetrator, which is the serious disruption of public order through intimidation and terrorizing, in order for the terrorist crime to occur.

Good management of oil and gas fields leads to the stability of the federal state through the management of the federation, or the management of local units, but under the effective supervision of the central government, which requires taking into account local representation in important decisions, and in the formation of competent bodies.
In the 2005 Constitution, the Iraqi legislator tends to give priority to the local will over the federal government in managing fields OF oil and gas in accordance with Articles (112/First, 115) of the Constitution. The Constitution ignored the national interest in distributing powers. The Iraqi legislator did not grant the central government clear powers to prevent abuse of local units, especially when the legal and economic unit or living conditions require this.
Federal control over the management of oil and gas fields is based on the central government’s competence to PUT policy OF economic, foreign trade, and customs . The oversight is also based on Article (130) of the Constitution, according to the direction of the Federal Supreme Court in Iraq. It is better to legislate the law in Article (112/First) of the Constitution as a basic law and to support the status of the Federation Council.

Legal frameworks to protect oil and energy in Iraq are vital to ensuring the sustainability and development of this vital sector in the country. Throughout history, oil policy in Iraq has witnessed several historical eras, and different models have been adopted to regulate and protect this vital sector. These legal frameworks aim to organize and regulate the oil and energy industry and ensure its sustainability and development in a sustainable and effective manner. The Iraqi Constitution is the basic framework for protecting oil and energy in Iraq. The constitution stipulates that oil and other natural resources belong to the Iraqi people and must be exploited for the benefit of the people. The Constitution also specifies the necessary mechanisms for distributing oil revenues between the governorates and the region

Our current research divides international criminal protection in the face of oil crimes during conflicts as a comparative study into three sections. In the first section, we presented the nature of national and international protection for oil and derivative crimes. In the first section, we defined oil and derivative crimes and international criminal protection. In the second section, we discussed the characteristics of oil and derivative crimes and their legal nature. As for the second section, we discussed the elements of oil crimes and their penalties. In the first section, we discussed the material and moral elements of oil crimes. In the second section, we discussed the penalties imposed for oil and derivative crimes. As for the third section, we discussed international efforts to confront oil and derivative crimes. In the first section, we discussed the position of international jurisprudence and judiciary in confronting oil crimes. In the second section, we discussed international measures to confront oil crimes. At the end of the research, we provided a conclusion that includes the results reached and the recommendations expected from undertaking this research.

Human rights law grants all children the right to be born with a nationality and an identity that protects their rights. Although there are no precise figures on the total number of unaccompanied and separated minors who are stateless, UNHCR recently recorded at least 10 million children deprived of their nationality worldwide. Nationality often serves as a legal or practical gateway to other rights.Deprivation of nationality therefore impedes their enjoyment of other fundamental rights and affects their well-being.Statelessness results from a range of circumstances.The number of children affected by these circumstances,and the conditions associated with them, is alarming.It was therefore necessary to seek effective systems to protect the right to nationality for unaccompanied and separated minors.

Human rights law grants all children the right to be born with a nationality and an identity that protects their rights. Although there are no precise figures on the total number of unaccompanied and separated minors who are stateless, UNHCR recently recorded at least 10 million children deprived of their nationality worldwide. Nationality often serves as a legal or practical gateway to other rights.Deprivation of nationality therefore impedes their enjoyment of other fundamental rights and affects their well-being.Statelessness results from a range of circumstances.The number of children affected by these circumstances,and the conditions associated with them, is alarming.It was therefore necessary to seek effective systems to protect the right to nationality for unaccompanied and separated minors.

In our modern era, oil occupies great importance and has been able, through the sources of energy and basic industries, to occupy an important position and invade the world and occupy an important place in human life in various aspects of his life.
From this standpoint, we find that countries are divided into two sections in this aspect, a section that possesses two sides, the first is the raw energy in its lands and possesses the sufficient means to benefit from it in the second side, and another section possesses one side without the other, so the second section of countries seeks to conclude oil licensing contracts, participation, production and transportation in order to obtain their benefits.
Iraq is one of the countries that possesses great oil wealth, in contrast to its lack of the necessary techniques, technology and expertise at the present time, after the Iraqi national oil companies were doing this task themselves. The state began to conclude oil contracts between itself and foreign companies that include conditions that are not familiar in private law and were set in order to achieve the public interest. These conditions are included in oil licensing contracts, given that these contracts represent the source from which the procedures for monitoring the various activities of oil companies practicing their activity in the host country are established. Since these contracts, in their various forms, formulations and the conditions they include, are considered a basic means of protecting an important resource of the state’s resources and a major source of the economy, it was necessary to look at the conditions included in these contracts and hold companies responsible for violating those conditions.

As it is known, the purpose of determining liability is to justify the legislator\\\\'s decision to impose the burden of compensation for damages suffered by an individual on someone else. In civil laws, theories of fault and harm are the basis for claiming compensation. However, in the field of artificial intelligence, and due to the fact that most artificial intelligence applications operate with a high degree of freedom and semi-total independence in their actions, we found that most traditional theories for determining liability are not applicable. Theories such as liability for things and mechanical devices, vicarious liability theory, and product liability theory were found inadequate. This led to the emergence of many theories and ideas, the most prominent of which was the one introduced by the European Union in 2017, known as the \\\\"Human Deputy\\\\" theory, to determine liability for damages caused by artificial intelligence technologies. The responsibility was distributed among the manufacturer, the owner, the programmer, and the operator. Ultimately, this theory raises some questions.