Risalat al-huquq Journal

Consensual democracy represents a type of democracy that is applied in pluralistic states as a type of distribution of powers and constitutional entitlements between the components that represent the majority and minority in the state.
However, the impact of this style on the state in which it is applied varies depending on various factors and influences that control the extent of the positive nature of this form in state administration and the effects reflected on all aspects of the state and society

Most democratic constitutional systems that are undergoing democratic political transformations have approved , directly or implicitly , the principle of neutrality of the military institution and non – interference in political affairs. However this principle cannot bear fruit without imposing control and supervision on the military institution , meaning the necessity for the military institution to be subject to oversight , democratically elected civil authority , due to the mechanisms and tools it possesses , which differ from one state to anther , can prevent the military institution from interfering in political affairs or limit it , whether at the organizational level , represented by choosing the Commander – in – Chief of the Armed Forces and security ministers , or choosing military leaders , or in the legislative field . related to legislating laws related to the military institution .

The current era has witnessed progress and development in various fields, the most prominent of which was the information revolution that led to the emergence of the latest electronic systems, including electronic platforms that were used in many areas that affect the life of the individual and society in general, because of their significant impact on the level of progress and development, general culture and knowledge This is what increases the consolidation of the concept of electronic platforms and makes them keep pace with modern developments, and electronic platforms are characterized by short time, effort and speed in accomplishing many works, whether in the private or public sectors, Despite these advantages of electronic platforms, they are still in their infancy, which makes them face many obstacles and challenges, especially at the level of availability of their infrastructure, which makes them exposed to many electronic crimes, including the crime of entering electronic platforms, so countries have decided to pass laws and agreements that would Providing protection for electronic platforms, by enacting special laws that criminalize acts that fall under cybercrime.

Political stability has become one of the most important aspirations of Countries and people because of it's Positive Repercussions on the State and Society Together and on all Political Economic and Social Fields and this Stability can only be Achieved by the Unity of the State and Society Together.

Wars have been present in human societies since their inception, and human suffering has been wrought over the years and centuries, resulting in large numbers of victims of killing, displacement, and ill-treatment, whether civilians or combatants. In this era, the incidence of many armed conflicts has increased significantly, whether between two or more countries or those that represent non-international armed conflicts. These conflicts have become more severe and deadly, because the conflicting parties are employing all their capabilities to serve their hostile actions, and as a result, the rates of casualties among civilians and civilian objects alike have increased

Incomplete litigation is one of the important procedural topics in the Civil Procedure Code, because many of the litigation procedures are attached to the general procedural system, and the latter is characterized by its strictness and severity. However, completing incomplete litigation is characterized by a kind of flexibility, even at a specific stage of the litigation, provided that The rigor is clearly evident in the controls for this completion and the manner in which it is carried out, as well as the procedural implications that result from it. The study concluded that the judiciary must intervene positively to reduce incomplete disputes, to protect the disputes and the interests of the opponents from procedural waste.

With the rapid technological advancements, electronic and cybercrime are continuously on the rise, in addition to traditional crimes being committed through electronic means as well. This necessitates a technological criminal response that relies on technical and technological capabilities to detect these crimes or prevent them through tracking using digital analysis . Digital analysis techniques provide fast and precise tools for data analysis, ultimately enhancing the confidence of investigative and judicial authorities regarding the digital evidence collected, documented, and authenticated by the relevant authorities in accordance with legal regulations and court orders. However, the privacy and personal rights of individuals must be considered, especially with the expansion of the information network and the increasing competition between the digital and traditional worldsSome numerous electronic tools and systems assist investigative and judicial authorities in achieving their goals, requiring continuous updating of the expertise of these entities through training courses and workshops to keep pace with scientific developments, as well as updating the legislation, whether substantive or procedural, for use in digital data analysis and enhancing judicial confidence in the results obtained. The research has addressed these points and concluded with findings and suggestions that may be beneficial in the scientific field.

Religion is a fundamental human need that people cannot live without. The impact of religion on the lives of the societies is well known. Respecting different religions contributes to achieving global peace and social justice. Therefore, the United Nations has designated the first week of February as the World Interfaith Harmony Week and August 22 was the International Day to Commemorate the Victims of Violence Based on Religion or Belief. The concept of religious freedom encompasses the exercise of personal conscience in various aspects traditionally linked to religious practices , such as rituals, dietary laws, clothing, and the use of language, and religious expression , this freedom is recognized as a fundamental human right , as out lined in numerous international agreements and conventions , these agreements generally prohibited restrictions on this right ,except for these necessary to maintain public order, decency, and right and freedoms of others . However ,it is evident that such restrictions vary from one country to another ,depending on the nature of different societies , countries have implemented these restrictions in ways that sometimes lead to religious persecution and limitations on individuals' ability to express and practice their beliefs . this issue is particularly noticeable in European societies , where interpretations of these regulations have been broadened.

Judicial deliberation is one of the stages of issuing rulings, in which opinions and solutions are exchanged and discussed between judges regarding the ruling’s operative part and how it causes professional, objective, legal procedures. There is no doubt that scientific reality has proven that courts are formed on the basis of a single judge, and this is what is done in judicial systems.
Secret deliberation has regulatory rules that must be observed regardless of the composition of the court. In order for this deliberation to be more acceptable, serious, correct, and productive of its legal effects, it must be secret among the court judges who heard the pleading to allow the judge or judges the opportunity to give their opinions in complete independence, far from all external influences.

Countries began to adopt deprivation in the nineteenth century, but it was only adopted as a punishment limited to some crimes, and this was usually during the period of suspicion that usually followed the granting of citizenship. Then this system became widespread in various countries, not only as a subsequent punishment for some crimes, but as a general means of getting rid of a national who appears to show disloyalty towards the state, or conflicts with its interests or affects its entity, or if his bad character or danger to the security of the state is proven. Based on that, the approach of countries in this matter has considered deprivation a punishment in itself for those who they see as unworthy of their citizenship or whose loyalty to it is doubted. Many countries have been accustomed to limiting their work with deprivation only to those who acquired emergency citizenship, i.e. after birth, meaning that it is considered a retraction by the state in granting emergency citizenship.

The issue of pollution of the aquatic environment was and still is one of the most important and complex issues facing humanity in ancient and modern times, especially with the technological and industrial development that necessarily created the need for petroleum derivatives. The reality has proven that the use of oil leaves many harmful effects on the aquatic environment, which is damaged at different levels depending on the causes of water pollution,Whether it was intentional or negligent, according to the type of derivatives and the severity of their impact on the water, which in any case affects human life and everything that surrounds it, which raises the question of the nature of civil liability for pollution that affects the aquatic environment with petroleum derivatives, and an explanation of the legal basis for this liability, as well as an explanation. The legal provisions for this civil liability, whether in terms of procedural provisions or in terms of its substantive provisions

The freedom of ownership is considered a very important and main topic, especially the freedom to own real estate, but there are a group of restrictions that occur on the right of ownership. There are two types of restrictions that apply to the freedom of ownership, which are restrictions on the freedom of ownership for foreigners and restrictions on the freedom to own agricultural land. And the restrictions that apply to the freedom of ownership Ownership for foreigners clearly appears in foreigners owning real estate. Countries impose a set of restrictions related to foreigners owning real estate, given that real estate is the mainstay of national wealth.This study focused on the restrictions imposed on the freedoms of real estate ownership with regard to foreigners in Arab countries and the easing of restrictions and conditions applied to individuals from Arab countries when they own real estate in the Arab countries of Iraq and Lebanon. This importance results in a major problem represented by the lack of legal studies on Legislation regarding the right to real estate ownership contained in Iraq and Lebanon. The researcher followed the analytical and comparative approach, where the analytical approach depends on discussing and analyzing the laws related to the ownership of real estate for foreigners and Arabs in Iraq and Lebanon, while the comparative approach came in order to compare between Iraq and Lebanon. The researcher followed the analytical and comparative approach, as the analytical approach depends on discussing and analyzing the laws related to ownership of real estate by foreigners and Arabs in Iraq and Lebanon, while the comparative approach came in order to compare between Iraq and Lebanon. The researcher reached a number of results, the most important of which is that Iraqi law allowed in most laws for foreigners to own real estate, and in other laws it prohibited this, and that Lebanese law did not allow any non-Lebanese person to own real estate in Lebanese territory except after obtaining a license obtained by the Council of Ministers based on a proposal. By the Minister of Finance

The current paper addresses a matter of utmost importance and consideration, namely the overlap of legal provisions in personal corporations. "Personal consideration," a unique characteristic that serves as their focal point, distinguishes these types of corporations. Legislators have therefore endowed them with legal rules that depart from the conventional principles governing corporations. This departure naturally results in a peculiar overlap in legal judgments across multiple jurisdictions, impacting practical applications. Consequently, the study aims to elucidate the nature of this overlap within personal corporations, seeking to define its legal nature and distinguish it from other regulatory frameworks. This is achieved by employing logical and legal reasoning to interrogate the texts that embody it, ultimately arriving at an optimal understanding of what is meant by the overlap in personal corporations

The authorities of Arabiya Saudi kingdom demolished the shrines of the People of the House, peace be upon them, in Al-Baqi’ more than once, prevented its reconstruction, and restricted Shiites from visiting them, despite the fact that the practice of religious rituals and the protection of religious shrines are fundamental matters in Islamic law, international laws, and modern democratic systems, in times of peace and war. It is necessary to clarify the international protection of the Baqi shrines, relying on legal and illegal guarantees, especially in this time when we are witnessing an increase in attacks on places of worship.

In this article, we discussed how to file a lawsuit to compensate detainees and convicts upon release and acquittal. It was found that the detainee or convict himself can file the lawsuit, and their heirs can file the lawsuit based on the material and moral damages that have befallen them. However, the problem of article is on what basis they are compensated. We showed that in addition to the act of harm, the theory of deprivation of freedom can be relied upon, and also who is the party obligated to compensate according to the rules contained in general laws and special laws. Then we showed the most important things that can be relied upon in estimating compensation. There is internal data and there is external data. Then we concluded this article with the most important results and recommendations that we hope the Iraqi legislator will take into account when legislating the law to compensate detainees and convicts upon acquittal or release.

In this study, the researcher dealt with a very important topic, which is explaining the nature of international responsibility resulting from targeting hospitals of a civilian nature, and we sought to shed light on the issue of protection of all kinds, whether general protection or private protection, as international humanitarian law stipulates that warring parties must protect Hospitals are important for the continuation of life for the injured, injured and sick. Despite this protection provided by the Four Geneva Conventions of 1949 and the Protocols attached to them of 1977, the Israeli forces made hospitals permissible military targets and attacked them directly and with prohibited weapons However, the Israeli forces made hospitals permissible military targets and attacked them directly and with internationally prohibited weapons, in addition to blockading them by preventing the arrival of the fuel needed to continue their work and refusing to deliver medical supplies and supplies necessary for the lives of people in need of health care. Given the importance of hospitals, the International Criminal Court considered targeting and attacking them tantamount to war crimes. Subject to the jurisdiction of the International Criminal Court, the research concluded with a conclusion that included a set of findings and recommendations.

The subject of complex attribution in the field of conflict of laws is one of the important topics in private international law and has found its presence in the texts of this law, in the explanations of jurists, and in judicial rulings. It is considered a method of attribution adopted by the legislator of the rule of attribution by including a single control that refers to two laws in At the same time, it is applied either comprehensively or distributedly, or by including multiple attribution controls that refer to more than one law that is applied either optionally or gradually.
Since the attribution rules that adopt this method of attribution are characterized by a formal and objective nature different from the traditional attribution rules, this raises many difficulties facing the judge when he is in the process of implementing the laws to which they refer, which differ from the difficulties raised by the traditional attribution rules.

We mean the mandatory termination of the contract as a result of the feminist; nullifying the contract and returning the situation to what it was before entering into the founding bond. I was young and they did not start cases in which the contract is actually invalidated internationally inevitably, the reason and that this invalidity appears due to a major defect that taints it because it is with the founding founding bond, but its effects last when executing the contract, so we are faced with a defective consent that is a legal obstacle to executing the contract, and the bad faith that is attached to its error on the contract is the cause of its invalidation, a clear limit in the case of coercion to contract, as it is cut off in special cases as a result of the gross fraud that people are mastered because of them or signs on certain funds within cases limited by the termination

The acquisitions of companies listed in the stock market are one of the most critical periods that the company goes through throughout its life, as many laws are concerned with the acquisitions of companies listed in the market, due to the large number of those involved in the acquisitions operations from the offer or, the target company, independent advisors and others, Achieving and equality between, as well as transparency and disclosure and preventing conflict of interests. These people, regardless of their characteristics, have different interests completion acquisition process, so situations appear in which interests conflict between these persons The fully understand these different situations of conflict of interest, this matter requires a statement of the concept of the acquisition process in general, and then a statement conflict of interests arising from the acquisitions of companies listed in the market, so we will divide this topic into two demands, we will address in the first , the concept of acquiring companies listed in the stock market. As for the second, we will explain cases of conflict of interest acquisitions listed in the stock market.

This study deals with an important rule of banking transactions that legislations derived from international principles and customs, which is the rule of the bank not dealing with goods, as banks have been keen to avoid dealing with goods as much as possible. This is due to the fact that the nature of the bank's work is closer to dealing with money and documents than dealing with goods and services, as the bank often does not have the technical knowledge that qualifies it to deal with goods. The unified international principles and customs have enshrined this rule and then codified it directly in some domestic legislations.
This study attempts to shed light on the concept of this rule as well as the legal provisions that result from it. This study concluded that this rule applies to all banking operations that have a direct or indirect relationship with goods, as well as that the bank may be held responsible towards the customer if it violates this rule.