Journal Of the College of law /Al-Nahrain University

The procedures are multiple in view of the criminal, other than that joining the procedural criminal is a specific specialty to be carried out according to a legally decreed model. However, the practical reality of carrying out the procedures may be interspersed with the criminal case because it is an excuse that makes it impossible or difficult for the procedure to be carried out directly to take the decision by the person addressed by the procedural rule, which requires procedural intervention by the presidency in the general framework of the criminal case. So that the matter may end in not carrying out the impossible procedure and exempting the person responsible for it from the responsibility of not completing it, without the legislator neglecting to guarantee the preservation of the desired goal of the procedur And to prevent its dissipation, whether by directly carrying out the same procedure but at a later time or by taking an alternative procedure that achieves the same goal, and in harmony with the subject of the research, we decided to address the subject of the idea of impossibility and its effect on the procedural penal rule in two sections. In the first section, we address the concept of impossibility in the framework of the criminal lawsuit in two demands, and in the second section, we address the effects of impossibility and ways to confront it.

This study deals with the position of constitutions and complementary laws regarding the regulation of parliament’s competence to issue parliamentary decisions, as well as reviewing the role of the constitutional judiciary, represented by the Federal Supreme Court, regarding oversight of the constitutionality of these decisions. Parliamentary according to the principle of separation of powers according to Article (47) of the Constitution, as the court considered the parliamentary decision among the constitutional disputes that fall within its jurisdiction in accordance with the provisions of Article (93/Third) of the Constitution. on issues outside the competences of the House of Representatives specified in Article (61) of the Constitution, This is what the study will attempt to address by drawing the limits of the issuance of the parliamentary decision, and the content of the supervision exercised by the Federal Supreme Court over it.

In order for the Administrative Court to reconcile the prevailing legal idea in a society, at a specific time, with the legal principles that it had previously established through its previous rulings, the Supreme Administrative Court was granted the right to revoke its rulings. The aim of this is to ensure the regular and continuous operation of the public service, and to maintain the integrity of the public order within the state. The Supreme Administrative Court uses this right in light of the requirements of achieving judicial security The stability of legal positions and the preservation of individuals\' acquired rights is the ultimate goal pursued by the judiciary in its rulings. The administration does not sacrifice this goal except to keep pace with prevailing legal ideas within society and to provide the basic requirements for state facilities, in a manner that achieves the objectives of administrative control.

Constitutional judiciary in many comparative countries strives to achieve the objectives and purposes of the constitution by eliminating defects in constitutional texts through reconciling conflicting constitutional provisions. This ensures the application of constitutional texts in both spirit and letter, guaranteeing the exercise of the rights and freedoms enshrined in the constitution. The role of the Federal Supreme Court in reviewing the constitutionality of laws grants it comprehensive constitutional jurisdiction, making it a court of law. It is not limited to examining substantive flaws in legislative texts but also extends to procedural defects. Its mission involves monitoring legislative ambiguity, legislative omission, and achieving constitutional reconciliation by resolving conflicts between contradictory provisions. This ensures a balance of powers and preserves the foundation of the federal parliamentary system based on the principle of separation of powers. The aforementioned court does not scrutinize the legislature’s intent, nor does it seek to overstep its constitutionally defined jurisdiction. Rather, it adheres to the purposes and objectives of legislation. At times, it may find itself facing a constitutional responsibility to achieve constitutional reconciliation and balance between public interest and the protection of fundamental rights and freedoms. This is what the parliamentary system aspires to in establishing a framework of cooperation and balance in the competencies among the branches of government.

The international community’s interest in and confronting disasters was the result of the increasing number and diversity of disasters, especially after human activity contributed to the occurrence of many of them due to pollution and deforestation...etc. It hit Indonesia in 2004 and resulted in a tsunami that affected twelve countries in the Indian Ocean. It also caused the death of two hundred and forty thousand people and the displacement of nearly one million people, which resulted in the need for international cooperation to confront and reduce international disasters.
The occurrence of disasters is a problem faced by all countries without exception. There must be regional efforts to confront disasters; Confronting disasters requires coordinated and organized collective action, involving all countries, through many regional organizations that carry out these tasks, and specialized agencies and offices by providing humanitarian aid and directing relief work, in order to address disasters and reduce their risks.
The difficulty in facing disasters lies in the lack of a way to predict the place and time of the disaster, and in the face of these facts that require the international community to make more efforts at the international and regional levels, in order to preserve its one destiny..

The banking sector has witnessed continuous developments in all areas during the last decades, especially with the increase in competition between banks and financial institutions, along with the diversity of options that customers seek in the field of meeting their personal and professional needs. This required the development of the means through which banking services are provided, while going beyond the traditional frameworks in the practice of banking work, To achieve this, banks have taken the initiative to enable their customers to benefit from their banking services outside the geographical scope of licensed branches by providing their services on the go via banking vehicles for the purpose of achieving financial inclusion and without the need to visit bank branches physically, in accordance with regulatory rules that aim, in their entirety, to enhance banking work.

The world is witnessing rapid developments in the field of artificial intelligence, which necessitates the establishment of an international legal framework to regulate its use and ensure its compliance with the rules of this law, human rights, and ethical principles. The international community seeks to formulate binding legal frameworks for the development of AI systems, with the aim of regulating the areas of its use in accordance with the rules of international law and ensuring that it does not violate these rules and human rights norms such as non-discrimination and the right to privacy. The potential harm caused by decisions made by intelligent systems raises many questions about legal liability. International cooperation is a key factor in ensuring the fair and safe use of these systems. In the absence of a unified legal framework, the need for a comprehensive international treaty to regulate AI in an effective and balanced manner emerges.

The creation of administrative units, of course, refers to cases in which the competent authorities intend to establish a specific level or formation in the administrative organization within the state while enjoying legal personality and financial and administrative independence in order to manage local affairs within the geographical boundaries that make up the administrative unit in order to achieve the public interest. This innovation is achieved by issuing a law from the legislative authority, as is the case with the creation of an administrative unit at the level of a governorate, or it may be achieved by issuing an administrative decision from the governorate council, as is the case with the creation of districts and sub-districts, and the importance of this innovation is primarily focused on strengthening the role of the state in satisfying needs. General public persons, by distributing tasks in this regard between different levels of the formations that make up the administrative organization in the state. In our research, we have followed the analytical research approach, by analyzing the legal texts and jurisprudential opinions related to the subject of the research whenever possible. We have also adopted the comparative approach, by comparing Iraqi legislation and Egyptian and Emirati legislators

Drowning, as a general concept, represents a very dangerous situation that has great and wide repercussions for the extension of its impact, starting with the land and the money on it and even its soil sometimes and ending with its worst result, which is people death, the legislator has sought to encompass it by criminalizing it in an organized and precise manner that ensures its uniqueness. In order to cover this crime in detail, it is necessary to discuss its characteristics and what distinguishes it from other crimes, especially what may be similar in some things.

In the digital technology era we live in today, cyberattacks have become an increasing threat to individuals, businesses, and even governments. These attacks take various forms, such as data theft, security breaches, malware, and electronic fraud, causing significant material and moral losses. In this context, civil liability rules play a pivotal role in mitigating these attacks by providing a legal framework that safeguards rights, defines responsibilities, and penalizes violators. Thus, they serve as an essential tool for regulating relationships between individuals and entities in cyberspace, establishing rules that govern digital interactions and ensuring the protection of privacy and data confidentiality. Through clear legal provisions, civil liability rules can impose deterrent civil penalties on perpetrators of cyberattacks, contributing to the deterrence of those responsible for such attacks. Additionally, they provide compensation for damages suffered by victims, thereby enhancing trust in the digital environment. In summary, civil liability rules are a fundamental pillar in combating cyberattacks, as they strive to balance technological advancement with the protection of individual and collective rights. By continuously developing and updating these rules to keep pace with new challenges, civil liability can serve as a protective shield against the growing threat of cyberattacks.

Misyar marriage is a social term and a type of marriage that has recently become widespread in some Arab and Islamic countries. It refers to a man who marries in a legally valid marriage, fulfilling all the requirements of the marriage contract, including the consent of both spouses, the guardian, and two witnesses. The wife agrees to waive her legal rights in the marriage, such as housing, overnight stays, maintenance, and mutual consent to keep the marriage secret. This marriage has sparked a legal and social debate regarding its legitimacy. Some jurists consider it a legally valid marriage, fulfilling all its requirements and conditions, while others prohibit it because it contradicts the legal objectives of the marriage contract. Social debate has erupted over the positive and negative effects of this contract. It is well known that achieving benefits and preventing harm to individuals and society has a significant impact on scholars' fatwas regarding the legitimacy or illegitimacy of the act. In this research, we have attempted to define Misyar marriage, the reasons for its emergence, and its legitimacy by discussing the evidence of those who support and those who oppose it. We arrived at a set of conclusions and recommendations, including that misyar marriage has necessities that warrant a fatwa permitting it for economic and social reasons. However, it is not permissible to legislate it through legal texts such that society relies on it, because legislating it through legal texts entails many negative consequences.

This research addresses the issue of assessing the service-related fault (faute de service) that gives rise to administrative liability for the material acts of the administration. The aim is to clarify the concept of service-related fault as a basis for administrative liability and to explain how the judiciary evaluates such fault. The importance of this topic lies in the fact that, in such cases, administrative liability falls on the public service entity, which bears the burden of compensation resulting from the fault. The research relies on national administrative laws, with a particular focus on the Iraqi judicial system and the legal system of the Kurdistan Region, especially in relation to administrative decisions connected with material acts. The study reveals complex legal issues related to defining the standards of service-related fault and the mechanisms for its assessment, given the diversity of material acts performed by the public administration and their varying legal nature.
The central problem addressed in this study is: how to accurately determine the criteria adopted by the judiciary in evaluating the service-related fault that gives rise to liability for the administration’s material acts, particularly given the diverse forms and legal characteristics of these acts.
The research also examines the impact of the type of fault on the legal and administrative framework, highlighting legislative shortcomings and proposing legal reforms aimed at achieving justice and ensuring more effective accountability. Finally, the study emphasizes the importance of reinforcing the principles of legality and transparency in administrative procedures.

The international legal system of each state recognizes the state's right to regulate the legal status of people who are subject to its sovereignty and to organize life within its society, and the state is obligated to recognize and respect that system. Iraq, according to Law No. 67 of 2017 on the residence of foreigners, that freedom of movement is one of the basic human rights, and it is natural for a person to be free to move from his country to which he politically belongs to another country.
The recognition by states of a certain limit of rights for foreigners has become an international norm without which life would not be upright, as these rights are the basis for the establishment of international relations. The legal status of foreigners is determined according to the national (local) law of the country in which the foreigner's status is to be determined. This determination of the status of foreigners determines the
General rights and the aliens rights as the alien cannot exevcise this rightunless the national law recognizes it .

Administrative law plays an important role in regulating oil extraction contracts in Iraq by establishing the legal frameworks and procedures that govern the relationship between the state and investing companies. It defines the powers of government agencies responsible for awarding and supervising contracts, such as the Ministry of Oil and the National Oil Company. It also regulates contracting and bidding procedures in accordance with government contract implementation instructions, ensuring transparency and fair competition. Furthermore, administrative law defines mechanisms for resolving administrative disputes, whether through administrative courts or alternative means such as negotiation and mediation, contributing to a stable investment environment in the oil sector.

Under cumulative voting, a shareholder can choose to cast all votes for one candidate, two candidates, or divide the votes in some other way. Therefore, this research aims to investigate whether cumulative voting can help mitigate conflicts between the board of directors and minority shareholders. An analytical approach was used by analyzing relevant legal texts and provisions. The research concluded that cumulative voting remains an effective mechanism that can reduce investor costs for supervisory boards. It is also an effective option for mitigating the confrontation between dissenting shareholders and the board of directors, as traditional voting has become more in favor of the majority. This requires making it mandatory, as it increases governance and transparency guarantees, and is closer to reality and fairness in the selection of board members

Preparing a design in a construction contracting business is a delicate and complex task, as it entails the construction of buildings and facilities. Its preparation requires adherence to technical principles and compliance with relevant laws and regulations. The problem that may arise in this regard is whether an error is found in the design, which entails liability for the person who prepared it, whether the architect, contractor, or employer. If the architect's work is limited to preparing the design without supervising the construction, he is only liable for design defects. This error may result in a ten-year warranty or an increased wage if the design modification or addition is due to the employer's error or is based on an agreement between the latter and the contractor. If it is proven that the architect or contractor contributed to the design error, they may be obligated to compensate the employer for the damages incurred as a result. In light of all this, there may not be sufficient legal texts for some of the delicate issues related to the forms and effects of this error. To fully understand the research topic, we decided to divide it into two sections. The first section defines design errors. The second section then examines the legal implications of design errors. We conclude with a conclusion that includes the most important findings and offers some suggestions that may serve the purpose of our study.

E-commerce represents one of the most prominent aspects of digital transformation in the modern era, fundamentally altering methods of commercial exchange and enabling faster and more efficient market access. This research focuses on the concept of e-commerce, highlighting its key features and advantages that have enabled it to surpass traditional commerce in terms of speed, cost, and global reach. It also addresses the legal aspects related to the formation of electronic contracts and the resulting obligations, while shedding light on the main legal and technical obstacles that may hinder its development. The study further distinguishes between e-commerce and traditional commerce in terms of legal structure, contract formation, and consumer protection. Through this analysis, the research aims to present an integrated vision that combines the practical reality of digital transactions with the need for a solid legal framework—one that keeps pace with technological advancement and ensures legal certainty in a rapidly evolving commercial environment.

The research sought to form an objective and systematic approach to serious and clear dealings between diplomatic missions and the host state, and the mechanism of work of these missions inside and outside the territory of the host state, through the work carried out by these missions and the headquarters allocated to them and the obligations and duties arising from them, as well as the immunities and privileges they enjoy under international charters and agreements, including the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963, and the rules of international law, which in turn sought to organize the work of diplomatic missions and the foundations of dealing and cooperation with the host state, and work to improve relations between states and exchange of interests; Among the foundations upon which international cooperation is based is good international relations, and the development of these relations has made most countries in the world rely on diplomatic representation in all its forms, as it is an effective means of communication between countries and the protection of mutual interests. Since the diplomatic mission is the link between the governments of countries that seek to work to achieve cooperation by starting with the transfer of different opinions between countries, and trying to overcome difficulties and bring together the viewpoints that result from the intertwining of interests, since the diplomatic mission is considered the voice of the state accredited to the state to which it is accredited, and since the sovereignty of the state is the most important legal term; Its importance in international law stems from its close connection to the concept of the state, which includes the existence of a legal system that governs the state and its internal and external sovereignty. This state is closely linked to the reality of the international community. Diplomatic missions are accredited to the host state and are established there by virtue of the duties assigned to them by the accrediting state. The host state is obligated to provide diplomatic missions with all services, immunities, privileges, and protection for their members, their headquarters, and their documents, whether inside or outside the headquarters. Therefore, diplomatic missions must respect the law of the host state, maintain its security, stability, and territorial integrity, and avoid harming its internal and external interests. Any act committed by members of the diplomatic mission must be subject to the legal measures prescribed by its national law. The host state also bears international responsibility, as determined by the rules of public international law and international agreements and conventions.

Blockchain technology (distributed ledger technology) has recently emerged, with numerous applications, the most important of which is virtual currencies, which we are currently examining. The most famous of these is Bitcoin, which is a peer-to-peer, decentralized currency that does not require a third party to transact It is entirely managed by its users, and perhaps the possibility of its spread in Iraqi circles makes it very important to shed light on the legal and religious position in Iraq regarding these currencies at the level of legal studies, especially since the position varied between the possibility of dealing with them or not, and between their prohibition or not..

A public employee's career begins after the decision to appoint him to the job assigned to him, and his career ends when he reaches the retirement age specified in the laws in force in each country. Likewise, the employee's career may end for other reasons, including resignation, death, or contracting an incurable disease that cannot be cured, or other reasons.
The career of a public employee may be ended by virtue of an administrative penalty imposed on him by the competent administrative authority, for committing administrative violations that require the imposition of a retirement penalty, a dismissal penalty, or a dismissal penalty. These penalties end the employee’s job association, and these penalties are considered the most severe penalties in job systems for what It has consequences that end the job association of the public employee, It is worth noting that the research was divided into three sections: First: What are the penalties that terminate a job relationship? Second: What is the authority competent to impose penalties that terminate a job relationship? Third: What are the consequences of penalties that terminate a job relationship?

This research examines the issue of international responsibility incurred by states as a result of violating the provisions of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, one of the most important international conventions aimed at establishing a comprehensive legal framework for international cooperation in combating drug trafficking and prosecuting related crimes. The descriptive and deductive methodology was adopted through an analysis of the provisions of the 1988 Convention and the domestic laws of Iraq. It was found that the 1988 Convention imposes specific and strict obligations on State Parties regarding the fight against illicit drug trafficking. A breach of these obligations constitutes an international violation that may give rise to international responsibility under the rules of general international law.

world has witnessed an unprecedented digital evolution that has led to the emergence of new forms of harmful behavior, most notably cyberbullying, which is a hostile act carried out through electronic means with the intent to insult, demean, or threaten. Given that this behavior can cause severe psychological, social, and economic harm to the victim, it has become necessary to clarify the legal basis governing the civil liability arising from it under Iraqi law. This research addresses the conceptual and legal framework of cyberbullying, analyzing its multifaceted legal nature—criminal, civil, and disciplinary—and its distinguishing features compared to traditional acts, such as the difficulty of proof, the broad scope of harm, and its continuity over time. The study focuses on tortious civil liability as the legal mechanism for reparation, through examining its three pillars: fault, damage, and causal relationship, in accordance with the Iraqi Civil Code No. 40 of 1951, particularly Article 204. It also explores the legal effects of civil liability for cyberbullying, most notably compensation in all its forms (material, moral, and emotional), judicial orders to stop the harm, preventive and discretionary safeguards, the liability of a guardian for the acts of a minor, and the publication of court rulings as a means of restoring dignity. The research is supported by recent Iraqi judicial decisions and international legislative comparisons. It concludes that although Iraqi legislation lacks explicit provisions regulating cyberbullying, it still provides—through its general legal rules—a legal framework that enables the protection of victims and the pursuit of compensation. However, there is an urgent need for legislative development that keeps pace with digital reality. The study found that civil liability for cyberbullying is based on traditional elements but requires digital means of proof, that the damage in such cases is often moral and psychological and requires special compensation, and that Iraqi courts have started to address such cases through flexible legal adaptation. The absence of a specific law regulating cyberbullying is one of the most prominent legislative gaps. The recommendations include enacting a specific law to combat cyberbullying, amending provisions of the Civil Code and Penal Code to include acts committed electronically, granting judges broader powers to issue temporary orders to protect victims, updating evidentiary rules to accommodate digital evidence, and incorporating cyberbullying into disciplinary systems for students and employees

Sports are often seen as a reflection of a society’s reputation and standing in the modern world and can serve to highlight their civilisation’s progress and values. One question that modern Islamic countries has had to address is the role of women in sports, in fact, women have participated in sports since the early seventh century and the beginning of Islam. In this article we focus on Saudi women specifically and will see how they have played a progressively greater role in different sports and that they have made substantial progress in this area, which is a testament to their ability to change and develop. Firstly, this paper will demonstrate a holistic overview of women right to sport as a basic human right from an Islamic and International human rights perspective. The paper is going to address some of the international agreements regulating the right to sport and will discuss the application of such international agreements regulating this right domestically. A description of the development of women right to sport in the context of Saudi Arabia, focusing on the role played by the Saudi government in empowering Saudi women in this area both at national and international levels will be provided. In addition, this paper will show how these efforts are linked to the wider Vision 2030 plan being developed in Saudi Arabia as part of efforts to diversify the Saudi economy and reduce its reliance on oil and petroleum products.

Drug abuse is considered one of the most severe problems threatening the social fabric of Iraqi society, including in the Duhok governorate. It has had negative consequences for individuals and society, leading to the destruction and disintegration of families. Although this phenomenon has existed since ancient times, it has now escalated significantly and become a widespread social issue. Its rapid spread has created numerous economic and social problems at the individual, family, and societal levels. Accordingly, the authorities in the Kurdistan Regional Government (KRG) have taken serious measures, including legal frameworks, to combat drug use and trafficking in Iraq. This paper posits that drug abuse is driven by psychological, economic, and social factors, requiring legal intervention within both domestic and international frameworks. The study aims to identify the key factors leading to drug abuse, whether psychological, social, or economic. It also examines the social effects of drug abuse on individuals, families, and society. In addition, the study explores strategies to combat drug abuse and limit its spread within the framework of national laws. Finally, the document offers suggestions for various stakeholders, including governments and civil society organizations, with the objective of enhancing efforts to combat drug abuse.