TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: The civil liability of penal institutions is based on compensating for the damage caused by the breach of their employees with their legal obligations, and then the tort liability rises by obliging the penal institutions to compensate for the illegal act issued by their employees, and after completing the procedures for filing a civil lawsuit from the victim of the penal institutions and after proving the illegal act that caused damage to the plaintiff by the defendant, and the elements of tort liability of error, damage and causal link And provide the element of infringement and perception, lawsuits are filed before the competent courts in such disputes, which are the courts of first instance, and the courts that consider them discriminatory are the courts of appeal, and when the damage is proven due to the deliberate error of workers in penal institutions, and there may be an agreement between the damage and the person responsible for the damage to estimate compensation and is called compensation agreement occurs between the parties without the judge having a say in the amount of compensation, and the estimate of compensation may fall on the discretion of the judge It is then called judicial discretion .

Political parties are complex organizations that occupy an important position in the democratic system, as they need financial resources to perform their tasks.
That is, there must be political financing organized according to an effective and transparent law, whose importance stems from providing an environment based on achieving equality, fairness and fair competition between political parties and candidates.
Political funding has many sources, including what is provided by the government in terms of direct and indirect aid, and direct aid takes the form of cash subsidies paid to parties on a regular basis, while indirect aid includes the possibility of parties using government properties and facilities and the media, and these resources can have contributions Valuable in developing the ability of parties to organize themselves.

Abstract: The determination of the creditor\\'s title when investing the encumbered asset is based either on the argument that the mortgagee is a deputy to the current when investing the mortgaged property, it exercises its authority over the encumbered object as an investor for the account and interest of the present, not for its own interest and interest. To obtain to the illegal benefits, because the current when the mortgagor is handed over to the mortgagee creditor, it is entrusted by the agency implicit in its management and exploitation. Or that any mortgagee is considered to be independent when it invests the mortgaged property, it shall make an independent investment under the authority vested in it by its inalienable right in the custodial pledge, as the present waives by virtue of the mortgage contract one of its powers as owner, Under which he shall be deemed to be a legal holder of the mortgage on the fruits of the place of foreclosure for the deduction of the net from that of the debt.

Abstract:Financial derivative tools are among the modern tools that are added to a specific term and are traded in stock markets. Dealing with financial derivatives requires one party to the contract, namely the seller, to transfer ownership of the securities subject to the contract and deliver them to the other party, which is the buyer, with the latter’s obligation. By paying the price of those securities to him, with the necessity of paying the commission amount by both parties, and their trading ends with their implementation through what is called the settlement established in the stock market by competent authorities specified by the law

Abstract: The form of legal discourse for the rules of criminalization and punishment, including the conditions and patterns of the language of communication, is the basis between authority and individuals. The discourse is generally linked to the actual use of the language. The purpose of legal discourse is not to inform and inform, as is the case in formats or other rhetorical texts, but rather its purpose is application and procedure, and from here the relationship is formed. There is an investment relationship between law and discourse required by the law’s need for discourse. The law does not gain its value unless it is transformed into an accomplished reality. And a social practice. Perhaps the law is the only discourse that has no value, and its functioning cannot be achieved unless it is actually applied in reality, as it is linked to a set of linguistic constants based on the words and phrases that make up the legislation as it is the only source of the penal rule, It also has two elements as it is essentially a legal rule, which are science and form. The formulation is the practical form of application, and knowledge is the essence of the rule and its content, which is represented by the framework it contains and access to the essence and content of the legal rule. The legal text is a human creation that may suffer from a deficiency or defect in its formulation that prevents it from achieving its goal that it seeks. It was legislated for its sake, and then the drafting defects must be confronted and addressed, and the shortcomings in these texts must be removed in order for them to be clear in their legal wording, and thus confront those who are addressed by them.
In order to cover the subject of the research entitled (Problems of Discourse with the Rules of Criminalization and Punishment), we divided it into two sections: the first: the meaning of the legal discourse, and the second section was devoted to the drafting defects in the legal discourse and their treatments.
© 2023 TUJR, College of Law, Tikrit University

Abstract: Public opinion plays a crucial role in the enforcement of constitutional rules and the stability of constitutional systems in any country. An informed public serves as an informal check on public authorities, influencing the extent to which the constitution is respected and its principles applied. Through media, social networks, and public discourse, societal attitudes toward constitutional issues are formed, pressuring political actors to uphold constitutional norms and the rule of law. Therefore, the effectiveness of constitutional rules depends not only on written provisions but also on how actively society engages with them and resists their violation, making public opinion a fundamental pillar of constitutional legitimacy.

Abstract: The concept of foreign investment has gained significant attention in recent years, given the economic advantages and benefits it can bring to both investing and host countries. As a developing country, Iraq has experienced a difficult economic situation over the past decade, with a continued deterioration and contraction of the economy and a weak balance of payments. Due to the mismanagement of resources and the need to obtain more of them, Iraq is in dire need of foreign investment. Therefore, Iraq must work hard to create a suitable and attractive environment for foreign investment. To this end, Iraqi lawmakers recognize the importance of investment and enacted Law No. 13 of 2006, which aims to create a suitable investment environment and climate. The law provides a series of benefits, privileges, and facilities for foreign investors to attract them to invest in Iraq, with a focus on encouraging private and local investment and working to develop and train talent and enhance their skills, enabling them to achieve effective economic growth in Iraq. However, the law neglects some issues that must be addressed to achieve true economic development in Iraq.

Almkhala: consensual contract between the spouses to end the marriage in exchange for money paid by the wife, and focused in this research two issues in terms of jurisprudence and legal:

The first issue: Description Alkhalaha: Muslim jurists and comparative laws differed in the description Alkhalaha some of them considered divorce ,Some of them considered the termination of the contract,
The Iraqi legislator considered it a divorce ,It is best to make it an independent system Because the provisions of Alkhalaha Different from the provisions of divorce and termination of the contract

The second issue: The extent of the obligation of the husband at mukhala'ah: The Muslim jurists and the different laws differed in the matter of obliging the husband to mukhala'ah Some of them said that the husband is not obliged to mukhala'ah Some of them said that the husband is obliged to mukhala'ah, While the Iraqi legislator does not oblige the husband to mukhalaha , The best husband is obliged

Abstract :Smart cities are a possible solution to the sustainability problems caused by rapid urbanization, as they are a necessary expression of a sustainable future in the field of international environmental protection. Despite the expansion of discussion about them in scientific, social, economic, and political circles in recent times, the term "smart cities" remains unclear. Therefore, definitions of smart cities have varied depending on the dimensions of sustainability in their environmental, economic, social, and even political aspects, and the degree of priority given by researchers to the concept of environmental sustainability. The research revealed the basic elements and common characteristics of the environmental sustainability dimensions of smart cities, as well as the most important constraints related to people's access to these cities, with a focus on the specificity of the urban social fabric, its development, and its connections. Based on the inductive study approach, the research will contribute to defining the conceptual status of smart cities within the framework of developing environmental sustainability, and to the main findings and recommendations.

Abstract: This study examined the effectiveness of artificial intelligence (AI) in administrative contracts amid rapid digital transformations, highlighting its role in enhancing the efficiency and transparency of contractual procedures—from the preparatory phase to implementation and oversight. The study concluded that these technologies represent a promising tool for improving contract management, provided that an appropriate legal and regulatory environment is in place to ensure disciplined use while upholding principles of transparency, equal opportunity, and the protection of the public interest. In the case of Iraq, the adoption of AI requires a comprehensive strategic vision focused on digital transformation as a reform-oriented choice. This entails the provision of adequate technological infrastructure and the establishment of an enabling institutional environment, which includes developing human capacities and securing the necessary financial and technological resources. Moreover, there is a need to enact clear legal rules to govern the integration of AI technologies into the governmental contracting system.

Abstract : The most important goals of the United Nations are to maintain international peace and security. As stated in its Charter, which includes the protection and defense of human rights, it is a binding duty for it, as the largest international body, to address situations arising from armed conflicts, including violations resulting from the recruitment of children, and to attempt to find appropriate solutions to them. The organization works to cooperate between countries to solve economic and social problems, and its important bodies, represented by the General Assembly and the Security Council, seek to achieve these goals.

Abstract : Outer space is an extremely important area, as its uses may result in many benefits and risks, which are regulated by outer space law, which has witnessed continuous development through its formulation of principles of a legal nature, which have been embodied in several agreements and treaties One of the main objectives of this law is to ensure that its use and usage are carried out in a responsible manner so that its benefits extend to all of humanity. Therefore, the Outer Space Law addresses various topics, such as the peaceful uses of space and the preservation of the environment on both Earth and space, as well as responsibility for... The damage caused by spacecraft, the problems raised by the use of space technology, and the cooperation of countries and international organizations in this field

Abstract : The world is constantly witnessing international and internal wars. Women and children have been and continue to bear the brunt of the damage and crimes resulting from these wars. Among the crimes women face during armed conflicts are sexual violence in general and rape in particular. This violence is brutally perpetrated for specific purposes, including ethnic cleansing, revenge, and spreading fear and terror among women. For this reason, the international community, especially in recent decades, has paid great attention to protecting women and girls during armed conflicts. However, it has overlooked the situation of children born as a result of these attacks, as there is, to this day, no international agreement specifically addressing the status of these children and how to protect them as victims of wars and armed conflicts. There is no doubt that a firm and serious response by the international community can have a positive impact in preventing the commission of these inhumane acts in the future. During our research, we concluded that it is necessary to establish an international agreement and specific domestic laws for these children that protect their rights, compensate them for the damages they have suffered, and punish the perpetrators of these crimes with the strictest legal penalties.

Abstract:The constitutions is considered the cornerstone of the legal state, and is characterized by its supremacy and sovereignty. Constitutional rules are characterized by supremacy, as the constitution is the foundation upon which the state is built and is the supreme and highest law therein. The constitution is the foundation for building the legal state, as it is the first law therein, and it has priority and distinction over all other laws. Any law that conflicts with the constitution is considered null and void. Every state has a constitution, and the constitutional document includes articles of the constitution, which begin sequentially with Article 1, etc. At the beginning of every constitution is an introduction or (preamble), which is considered an integral part of the constitutional document, as stipulated in the constitution. It includes a set of human principles and values, and declarations of human rights.
The preamble has legal value equal to the constitutional texts, and is considered a restriction on the state's powers and institutions, which derive their existence and legitimacy from it and from the rest of the constitutional texts, as they are an integral part of each other. Accordingly, some jurists believe that the preamble has legal value equal to constitutional texts. Therefore, the judiciary must abide by the preamble and consider it as it appears in the constitutional document. This is the view of the majority of jurists, i.e., the preamble is recognized and acknowledged as being equal to the texts in the constitutional document. Others, however, deny this, arguing that the preamble is outside the constitutional document. They argue that if the legislator had intended to recognize it, he would have included it within the document. As for the legal status of the preamble, some believe it is superior to the texts of the constitutional document, while others consider it equal to the constitutional texts.
, © 2023 TUJR, College of Law, Tikrit University

Abstract : The behavior of university faculty members has a direct impact on the quality of the educational process and the credibility of the academic institution. The importance of our study lies in shedding light on the legal framework that governs the relationship between faculty members and their private universities, and in uncovering the legal and administrative challenges that hinder the regulation of such behavior, with the aim of proposing recommendations that enhance the effectiveness of academic performance.
The legal framework of professional conduct was examined by clarifying its concept and the institutional organization of private universities, followed by an analysis of the legal nature of the employment relationship between faculty members and private universities. The study then focused on the duties of faculty members and the challenges in fulfilling them, reviewing the main professional and behavioral obligations of faculty in private education, and discussing the legal and administrative obstacles to regulating such conduct, while suggesting ways to address these issues.
The study concluded that the absence of clear and detailed provisions in some regulations leads to discrepancies in faculty obligations, and that the weakness of internal oversight bodies exacerbates this problem. The research emphasized that strengthening institutional culture, establishing independent oversight bodies, and developing behavioral guidelines are essential for achieving a balance between the rights and duties of faculty members and ensuring adherence to sound professional conduct.
, © 2023 TUJR, College of Law, Tikrit University

Abstract: The ship is the lifeline of maritime navigation. It is one of the means of maritime transport since ancient times, characterized by ease and appropriate financial cost. The ship has a different legal nature due to its legal specificity. Also, granting citizenship to the ship has become one of the necessary issues to ensure the safety of maritime security, as granting citizenship to the ship gives many privileges that may be economic or legal. of a specific nationality of a ship has negative effects, reduces the rights of workers on board the ship, and weakens the control of ships. Therefore, most legislations have permitted the granting of nationality to ships due to the necessity of this matter in cross-border trade and the international economy. However, countries have differed in challenging the criterion by which nationality is granted to a ship, between the criterion of national ownership, the nationality of the crew, and the place of construction of the ship.

: A Single-Person Company (SPC) is a form of modern business entity in which a single individual (whether a natural or legal person) is the sole owner, with liability limited to the extent of their capital contribution. This type of company emerged in response to the needs of those seeking to manage their businesses individually without the involvement of partners, while avoiding the significant financial risks associated with traditional sole proprietorships.
Additionally, an SPC is characterized by simplified incorporation procedures and flexible management structures, free from the complexities arising from multiple shareholders or shared governance. Moreover, it provides legal protection to the owner, as their personal assets are not liable for the company's debts beyond the allocated capital. This model fosters a favorable business environment and encourages individuals to engage in investment with calculated risks, particularly in small and medium-sized enterprises (SMEs

Abstract: The use of force by the police and security forces to protect public order is not absolute and permissible in all cases, but it must adhere to the reasons and principles governing this use, so that the use of force by members of the public authority is not prohibited, and then its responsibility is realized due to its arbitrariness or deviation in the use of force in both parts. Material and moral, as if the responsibility of the police and security personnel is achieved here, it can be based on the traditional trend that evaluates responsibility on the basis of error or without error, However, the developments taking place and the expansion of the administration's activity and its use of force in most cases to address the disturbances facing the state, it was possible to establish this responsibility on the text of the law directly, as the establishment of this responsibility is not limited to criminal responsibility only, which may take forms of abuse in the use of force or the use of cruelty, Rather, civil responsibility can be achieved with it, in addition to the disciplinary responsibility of the police and security personnel.
It was found that the responsibility of the police and security men in general, according to the general rules within the scope of responsibility, was based either on the basis of error or on the basis of risks without fault, that is, on the basis of bearing the effects of the use of force.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research aims to study acknowledgment as one of the most prominent means of proof in civil lawsuits, in terms of defining its legal scope and its effects on the course and outcome of the civil lawsuit. Acknowledgment is a legal act issued by one of the parties to the lawsuit, which includes an acknowledgment of a third party's right. A means of proof of a special nature due to its binding force in proof, and given the direct legal effects that may result from it, it may lead to the resolution of a dispute without the need for additional means of proof. The research focuses on distinguishing between judicial and non-judicial confessions, analyzing the conditions for the validity of confessions and their impact on their acceptance as evidence before the judiciary, in addition to clarifying the extent of the court's commitment to them. The study also examines the implications of the admission on the course of the lawsuit and its decisive impact on shaping the judicial ruling, making it one of the fundamental pillars of the evidence system in civil cases.

: Nowadays, electrical and electronic goods can be produced and put together in various countries. During the process, they might pass through different producers and suppliers before reaching the end consumers. It is crucial to ensure the safety, quality, reliability, and compatibility of these products and systems for their secure usage. Protecting the consumer from counterfeit electrical goods is one of the important topics, because it is related to all members of society affecting their safety, health, and even life. What is meant here by electrical goods is all the electrical and electronic goods that the consumer uses in going about his daily affairs, and counterfeit products include all products, including the packaging.
What complicates the matter for the consumer is that there are types of counterfeit electrical goods, but regardless of the type of counterfeit, partial or complete, all of them are a source of concern for the consumer because he does not have sufficient experience to distinguish between them and the original goods.
When searching for the reasons for counterfeit electrical goods, it becomes clear that the reasons for counterfeiting are not from a single source, but rather there are several reasons behind it, including unfair competition between companies producing these goods, the need of consumers for electrical goods, the fact that counterfeiting is a profitable business, in addition to the high prices of original goods, the overwhelming advance of technology, intensity of international trade, and the emergence of new markets and electrical and electronic products.
Consumer protection is ancient and finds its roots in Roman law, then successive legislation from French law to our present era in the laws of all countries of the world, in addition to international rules represented in treaties and agreements, including intellectual property rights laws and the laws of the World Trade Organization, as traditional principles cannot be dispensed with, but It is not sufficient at the present time, and therefore the law must keep pace with modern developments in all aspects.

Abstract : The check is considered one of the most important commercial papers used as a means of payment, functioning as a substitute for cash in transactions. It is characterized by speed and security in circulation. However, the misuse of this instrument—especially the issuance of a check without sufficient funds—is regarded as a serious crime that negatively affects commercial credit and undermines trust in financial dealings. This research examines the legal protection provided against the crime of issuing a check without sufficient funds under Iraqi, Egyptian, and Jordanian laws, by analyzing the substantive and procedural aspects of the offense, the prescribed penalties, and the legislative differences among the three legal systems in addressing this criminal act. The study reveals a shared legislative tendency among the three jurisdictions to criminalize the issuance of checks without funds. Nonetheless, differences exist regarding the conditions for establishing the crime, methods of proof, and applicable penalties. While Iraqi law emphasizes the punitive aspect, Egyptian law leans towards conciliation and non-custodial alternatives, whereas Jordanian law has undergone significant amendments in recent years aimed at strengthening civil protection for the injured party.

Abstract: The legislative authority and executive branch plays a key role in supporting the family through implementing social, health, and education policies in Iraq and Syria. Family support in Iraq is based on the constitution and social welfare and personal status laws, while Syria relies on the constitution and similar laws. Government programs in both countries include financial assistance, health and education services, and programs to protect women and children. Although there are laws to combat domestic violence, implementation faces challenges due to social customs and weak funding. Economic and bureaucratic crises and weak coordination between government agencies hinder the effectiveness of these policies, calling for increased funding, coordination, and awareness to ensure family stability.

Abstract : The criminal liability of a public employee is reflected in his legal status as a public employee، whether a civil or military employee. When a criminal case is filed against him، the employer may withdraw his hand from work if the public interest requires that، or his hand may be withdrawn from work by force of law when the ruling is issued. By imprisoning him. In this last case، a portion of the imprisoned employee’s salary will be deducted، and the period of imprisonment will be counted as part of that employee’s service. This may affect the imprisoned employee’s entitlement to promotion in accordance with the controls contained in the relevant law.
The issuance of a final penal ruling convicting the employee may not result in the termination of his employment relationship، but it may be a reason for imposing a disciplinary penalty on him if the committed crime reveals the convicted employee’s violation and negligence in his job duties. This final penalty may amount to termination of service in accordance with The provisions of administrative responsibility and the authority of the employer to assess this، but the most serious impact of the penal ruling is that over which the administration does not have discretionary authority، as it will be imposed by force of law if its cause is achieved.
The research aimed to reveal the impact of the public employee’s acquittal on his disciplinary and civil responsibility and the validity of the acquittal.
To achieve the research، the student identified in the first section the basic elements of the research، which are the research problem، its importance، its objectives، and the definition of its terminology. As for the second section، it dealt with the impact of the acquittal of the public employee on his job association and the validity of the acquittal ruling. The research concluded with a conclusion that included the results and recommendations of the research.
, © 2023 TUJR, College of Law, Tikrit University

Food security is a fundamental pillar of global stability. It goes beyond the mere availability of food, encompassing its sustainable access and use in a manner that ensures the nutritional and health needs of individuals are met, and its sustainability over time. Food Insecurity is not merely a humanitarian or economic Issue; it Is a critical factor that can lead to crises, fuel conflicts, and undermine the foundations of international peace and security.
In fact, the food crisis Intersects with numerous geopolitical and environmental factors. Climate change, population growth, and the decline of natural resources such as water and arable land all contribute to worsening the food situation In many regions. When societies are unable to secure their basic food needs, they enter a cycle of instability, beginning with protests and civil unrest and potentially culminating in violent conflicts, both within a single country and between neighboring countries competing for resources. Food security, in this sense, Is not only a national responsibility but also a fundamental international challenge, especially in light of globalization and economic interconnectedness among countries. Global crises, such as the COVID-19 pandemic and the Russian-Ukrainian war, have demonstrated the fragility of food supply chains and their close connection to International trade and world peace. Any disruption to these chains could lead to higher food prices, increased pressure on poor countries, and thus undermine political and social stability. International peace and security cannot be achieved in a vacuum; rather, they require an international environment free of fundamental threats, including poverty, hunger, and marginalization. Where famine prevails and hope for a decent living is absent, it is easier for extremist groups to recruit individuals and spread violence. Hence, food security is viewed as a preventative measure against extremism and violence and a tool for promoting comprehensive development.

Abstract : The research deals with the impact of technological developments in assisted reproductive technologies on the legal principles and the protection of citizens' rights in national legislation. With the advancement of medical science, assisted reproductive technologies such as artificial insemination and in vitro fertilization have emerged, which have provided new opportunities for couples who face difficulties in conceiving. However, this development raises many legal and ethical issues, such as the rights of embryos, the right of individuals to privacy, and equal access to these services. The research also discusses the importance of having effective institutional mechanisms to monitor the implementation of these laws and ensure the provision of safe and effective health services. Our study involved a descriptive analytical approach. The study reached the following conclusions: Many Islamic countries may lack clear and organized legislation on assisted reproductive technologies, which leads to significant variation in practices. This lack of a legal framework makes it difficult for individuals to obtain reliable and safe services. Some of the legislations under study permitted the treatment of infertility through artificial insemination, but did not mention the necessity of medical necessity or need that falls within the conditions of artificial insemination. The child resulting from artificial insemination is attributed to his father if the conditions stated in the legislations we mentioned are met, which is what Islamic Sharia scholars have ordered, and all the effects of legal lineage result from it, such as custody, maintenance, inheritance, etc.

Abstract:The impartiality, integrity, and independence of the arbitrator ensure a fair resolution of the dispute before him. However, sometimes, after selecting the arbitrators, the parties may discover circumstances that reveal that the arbitration panel or one of its members lacks impartiality and independence. Therefore, most international legislation and agreements have provided the parties to the dispute with legal safeguards against the arbitrator. In light of this, we aim in this research to study the guarantees of due process in arbitration cases by comparing the legal regulation of these guarantees in both Iraqi and Emirati legislation, with reference to international standards, foremost among which is the UNCITRAL Model Law on International Commercial Arbitration. We also addressed the most prominent guarantees that provide protection to the parties during arbitration proceedings, such as the independence and impartiality of the arbitrator, the right of defense, and the legality of proceedings to challenge the validity of the arbitral award. This research reveals a noticeable disparity between the two systems, as UAE law (Federal Arbitration Law No. 6 of 2018) is more detailed and provides more comprehensive guarantees than Iraqi legislation, which relies primarily on the Civil Procedure Law No. 83 of 1969 without a separate law specific to arbitration. Furthermore, the UAE legislature has adopted modern standards in line with UNCITRAL rules, while the Iraqi legislature still needs to reform its legislation to modernize the arbitration environment. At the conclusion of this research, we present a set of proposals, most notably: the need to enact a separate arbitration law in Iraq that is in line with international standards, and to impose additional controls to ensure the integrity and transparency of the arbitration process, thereby enhancing the parties' confidence in arbitration as an effective and fair means of dispute resolution.