Risalat al-huquq Journal

The head of state assumes many powers and authorities, whose release from each restriction entails great corruption and harm to public rights and freedoms. For this reason, the constitutions in different countries provide for the determination of the criminal responsibility of the head of state, so that these constitutions lay the foundations and the objective and procedural rules for the responsibility of the head of state for crimes that may be committed by the head of state. It falls on the occasion of the exercise of its functions and functions.
Through this research, we dealt with the nature of the criminal responsibility of the head of state and the constitutional organization of it in the different constitutions, then the scope of the criminal responsibility of the head of state in the constitution, the crimes on which the head of state’s criminal responsibility can be based, and the procedural rules for the criminal prosecution of the head of state, then we concluded this research with a conclusion that included Findings and Recommendations.

. The international community has realized the seriousness of the devastating effects that armed conflicts have on infrastructure and civilians, so it required the presence of people to mitigate these effects. International humanitarian law has assigned purely humanitarian tasks to civil defense personnel in order to reduce the material and moral losses facing the civilian population and in order for them to perform their duties. Their tasks are fully regulated, so it was necessary to legally regulate civil defense personnel and provide them with international protection to enhance self-confidence and remove the obsession with fear of those violations that civil defense personnel, whether civilians or military, will face while performing those humanitarian tasks assigned to them, as civil defense personnel carry out Ensuring protection for the civilian population as well as the governorate Public and private civilian objects to reduce losses resulting during armed conflicts.

Muslim jurists have created many licenses derived from Islamic law, which also reduce the burden on the contracting parties, and prevent hardship from them, meaning that in the face of difficulties, there is an incentive to facilitate the matter, make it trivial, and find a license for it, and among these licenses that were found is the license ( Laxity) is an Islamic term in origin, through which one of the contracting parties is able to obtain a period of time to consider, think, and contemplate the contract before rushing and issuing acceptance. That is, a period of grace is granted to one of the contracting parties in order to consider the contract. As for the jurists, they have not addressed this term in any way. Explicit, but their use of the term deliberation was an alternative to laxity, which is the term that the French legislator used in the body of his law, unlike the Iraqi legislator, whose law did not mention this term, but rather the reference to it was in the Iraqi Penal Code No. 111 of 1969, and the reason we have seen is that the Iraqi legislator neglected to The meaning of this term is that it still stands within the limits of the general rules in civil law, and at the forefront of these rules is that (the contract is the law of contracting parties), in addition to their fundamental reliance on options, as well as the view that it is the responsibility of the contracting party to ensure the protection of his rights and interests, and he does not have the right To claim that he was deceived by one means or another because he was not given sufficient time to think about it.

In fact, the ability of shares to be traded is the main reason for the prosperity of capital companies and the factor that encourages the demand for them and the subscription to their shares, given that trading allows individuals to freely enter and exit the company, and therefore each person can employ his money according to considerations that he alone estimates, or that belong to him. his own interests. Accordingly, the stock has become a commodity that is bought and sold in the money market. This is because it is one of the funds that enjoy legal protection, confirming that its circulation enjoys the confidence and reassurance of the public, and this confirms an important guarantee in the fate of the money invested in it, in addition to that it devotes factors of speed and popularity in making deals, which helps to attract capital owners to the field of investing in stocks. Therefore, most of the laws have taken care of the issue of trading shares on a large scale, so that they have worked to simplify their procedures in line with their commercial nature, and only some restrictions that respond to them prevent this, as the freedom of trading shares is not absolute, but rather a few restrictions stipulated by the law and called restrictions. Legal, as some of them may be mentioned in the company contract and called the agreement restrictions

The administration may tend to conclude a reconciliation with others, or vice versa, out of their desire to resolve the ongoing dispute before the court, which is prolonged due to the complex and long procedures in reaching a final ruling on the subject of the dispute at hand, and the ruling, even after its issuance, may not be satisfactory to both parties. However, the matter requires legal provisions that must be available to accept the administrative reconciliation procedure. These provisions sometimes relate to the two parties to the administrative reconciliation contract and sometimes relate to the subject of the contract, as they must be compatible with the provisions expressed by the legislator, the urgent necessities required by the public interest, and the question that arises. In connection with the above, it is raised about the nature of these provisions: Are they more stringent for the administration than for others, or are both of them equal?
Naturally, the legal provisions imposed on the administration are more severe than others, because the administration has privacy and responsibilities that it must take into account before proceeding with reconciliation. Therefore, we have tried in this research to put a foot forward in the correct path by clarifying the overall nature of these provisions, especially since we currently lack a law. It contributes to resolving the dispute more easily, maintains a state of cordiality and harmony between the disputing parties, and reduces the burden of the judiciary on many lawsuits that are easy to resolve amicably

This study examines what is the responsibility of the values if they breach their duties towards those at their disposal? Is there a responsibility and special rules that apply to him in this case? Or did the Iraqi law and similar laws leave it to the well-known general rules of responsibility? If this is the case, the provisions of civil liability in general and tort liability in particular will be strongly present in this research, given that guardianship is not a contract in order to apply to it the provisions of contractual liability, but rather it is a judicial legal system and this is what we will try to explain and clarify in this requirement

The research aims to identify developments in international law curricula and their impact on the legal system and the judiciary in Iraq, as international law curricula are witnessing continuous developments characterized by conceptual changes and new challenges that come as a result of political, economic and social developments at the world level. Iraq is considered one of the countries that is greatly affected by these developments due to its strategic location and the challenges it is experiencing. Developments in international law curricula show a significant impact on the legal system and the judiciary in Iraq, as the legal and judicial authorities must follow these developments and ensure that the legal system adapts to them to ensure achieving Justice and effective protection of citizens’ rights. The researcher reached the following set of conclusions and recommendations:
1. Developments in international law curricula show a positive impact on modernizing and developing the legal system in Iraq. The legal system seeks to harmonize domestic laws with international standards to ensure justice and protect the rights of citizens.
2. It is clear that developments in international law approaches contribute to enhancing the protection of human rights in Iraq. Legal authorities are intensifying their efforts to monitor and punish violations and improve the human rights situation of citizens.
3. The Iraqi authorities must follow developments in international law approaches and update laws and legislation in a way that is consistent with international legal standards and principles.
4. Continuing training and qualification should be provided to judges, lawyers and all members of the legal system to ensure that their knowledge is updated with the latest developments in international law.

The security service contract is a form of reciprocal contracts that, upon their entry into force, entail opposite obligations in the hands of each of the parties to the contract, and the obligations of each party are at the same time the rights of the other party, in addition to that, this contract is one of the binding contracts for both sides, under which none of them can be independent by modifying, canceling or exempting his obligations except by a new agreement concluded between its parties, or this may happen for a reason determined by law. These obligations are the essence and content of the security service contract and distinguish it privately from other obligations generated by other contracts that derive from the nature of the subject of this contract, and therefore the obligations resulting from this contract take multiple forms, not one form, each form differs from the other according to its nature and degree of importance in the contract, sometimes these obligations are procedural and substantive due to the nature of the obligation, and at other times these obligations are main and common according to the degree of their importance in the contract .The security service provider is committed under this contract to procedural or formal obligations that come from the agreement of the contractors based on the laws that were legislated to regulate the work of these companies or those that were enacted in order to organize private security work, in addition to objective obligations that are the result of the agreement of the contractors and their free imports in the guarantee of the contract in a way that serves their interests

Of the commercial transactions and financial contracts, past and present, that are subject to usurious differentials, which, if implemented, will lead to the domination of the strong or rich person over his weak or poor brother, and which will lead to selfish individual motives on the part of the usurer, with which he attempts to extort the efforts of the needy. Accordingly, we see that Islam, based on the prohibition of exploitation Man for his fellow man has forbidden dealing in usury through explicit Qur’anic texts, as well as the clear hadiths of the Prophet’s Sunnah, in order to preserve the economic and social balance in the Islamic state, and to work to communicate and sympathize with people in the spirit of human brotherhood, and to work according to what Islam has prescribed, in the necessity of raising the standard of the poor and fighting poverty, whether with subsidies or loans in a fund, or zakat data. Alms and the like.

Given the importance of the traffic plan because it is one of the important means and procedures that are presented as proof of evidence to the competent courts to indicate the negligence in traffic accidents and to judge him with the appropriate penalty according to the error committed, whether it is a criminal penalty or a civil penalty, because these accidents represent a danger to people’s lives and their property, which requires The competent authorities represented by the traffic directorates make maximum efforts to master the work of traffic plans because of its impact on the issue of criminal evidence, and the research dealt with the topic (general provisions of the traffic plan) based on the Iraqi Traffic Law No. (8) of 2019, which did not witness a precise organization of the traffic plan and mechanisms The appeal, so we dealt with the definition of the traffic plan and criminal evidence, as well as a statement of the requirements of the traffic plan, the guarantees of its organization, and a conclusion that included the most important results and proposals.

The issue of the balance of rights between spouses، especially the balance of financial rights, is one of the important topics in family life، as the woman and the issues related to her and balancing her rights with the rights of the husband are a subject of ancient controversy and still exists to this day، due to the differing opinions of jurists in the fact that the personal status law is balanced between the rights of the spouses The spouses، legally and legally، or not، compared to the personal status laws in question. There are those who believe that the Iraqi Personal Status Law tends to favor one spouse at the expense of the other, so the issue of imbalance raises problems that threaten marital life. It dealt with the balance of financial rights Represented by the dowry and alimony، it has touched upon the concept of the dowry and its amount and the position of legislation regarding the balance in the dowry, as well as the concept of alimony and the conditions for its entitlement and the position of legislation on the balance of alimony. It and a statement of the position of the Iraqi legislator and comparative laws, and the views of Islamic jurisprudence that clarified the aspects of balance in the financial rights between spouses.
I concluded my research with a conclusion that included the most important results and recommendations that were reached through the research.

As long as citizenship is a legal bond between the individual and the state, it is a system of public law, and therefore the state is the one that regulates the provisions of its imposition, granting, loss, and recovery. These provisions are issued by law from the authority competent to legislate in that country, and no party, whether internal or external, can interfere in this matter. Being one of the acts of state sovereignty, this study attempted to examine the issue of determining the competent authority to implement the provisions of the Nationality Law, and to clarify the role of the administrative judiciary as it is the competent authority in resolving nationality disputes, as they are among the important topics, and judicial jurisdiction is an authority or authority granted by the legislator to the judiciary or the administration to consider. In these disputes, in addition to explaining whether the ordinary judiciary has a relative role in resolving some of these lawsuits related to the issue of nationality, it is within the scope of this study to point out the most important problems that stand in the way of the administrative judiciary in light of the presence of a judicial authority independent of the rest of the authorities in the current Iraqi political system. Which is represented by the presence of one (administrative court) throughout Iraq that hears all appeals and objections to citizenship decisions, in addition to the problem of appealing citizenship decisions to the Federal Court, in light of the presence of the Supreme Administrative Court within the structure of the State Council, despite the separation of the administrative judiciary from The executive authority is considered an independent body, and the scope of this study was also extended to find that there are some indications that, according to the humble opinion, mean that they conflict with some constitutional texts that protect the independence of the judiciary, in addition to proposing treatments that contribute to resolving these problems from both the substantive and procedural aspects.

The process of safe retrieval of electronic documents in commercial transactions is one of the most important legal guarantees for parties to electronic commercial transactions, especially in the protection it provides to the consumer, since the consumer is the least experienced party in electronic commercial transactions, in which the supplier or professional often has high experience and knowledge of electronic commerce business. This trade, which is available across a wide space and is not bounded by geographical or political borders, electronic transactions take place in the complete absence between parties, which makes the consumer and supplier vulnerable to theft, piracy, and electronic intrusion, which prompted researchers and legislators to seek to establish rules and legal texts that contribute to preserving These transactions provide legal protection for electronic transactions. Secure retrieval is one of the means to enhance electronic documents, which is accessed through the assistance of technical and legal means that enhance the mechanism of safe retrieval of documents in electronic commercial transactions.

Ensuring physical safety in its broadest sense is one of the most fundamental and fundamental rights of man, even if it is not the highest at all. This right is considered one of the rights attached to the personality. Genetically modified, which may lead to future damage to the physical integrity; Because the companies producing these foods do not follow the safety rules established in modifying genetic genes, and in light of this fact, the need arose to establish a legal system governing genetically modified foods, since most of these foods cause damages arising from non-compliance with the standards specified for modifying the genetic characteristics of foods.

International and non-international armed conflicts have serious repercussions that have led to cruel and brutal practices and actions that reflect the reality of the images of suffering that their victims have experienced and are still experiencing, and have left enormous impacts on the security, humanitarian and social levels, and the commission of various criminal acts on the level of international law, until they have become a serious and growing threat to the safety and stability of society. International. Despite the intense and profound efforts to confront the danger of these criminal acts, their impact remains escalating and renewed, exceeding the level of confrontation. This is embodied, at least, in the increasing commission of acts of forced transfer and deportation, and their extent related to the violation of the human right to stability and a dignified and quiet life, in addition to their greatest impact in separating one family. Forcing them to coexist in a place and homeland that has nothing to do with their desire or will to choose it without justification or legitimate reason. Therefore, it was necessary to shed light on the crime of transfer and forced deportation and identify some important aspects related to and from it. In line with the seriousness of these acts, as they are grave practices as described by international humanitarian law and international crimes as described by international criminal law, we attempt in this research to clarify the concept of these acts and whether Are they two independent crimes according to the concept and nature, or is it one crime? Especially since there are many legal and judicial evidences that support the separation of the two acts, as well as an explanation of the extent of its legal nature as a crime against humanity or a war crime.

The Arbitration system is considered one of the oldest means and methods to settle and resolve any conflict that may rise between individuals or groups. It is remarkable; that this system was developed day by day till became one of the modern era phenomena. It characterized with great relationships, interests and more coherence. However, there are many current rules and Acts that have a great role in settling and resolve conflicts, but the necessity of existing another guarantee is required beside the court house, which is Arbitration. Regarding the arbitration development, prosperity increase and widely spread in the administrative law due to the relationships growth between the states. Arbitration is not limited to resolve and settle the civil and commercial conflicts only, but exceeded to include the administrative conflicts which one of its parties is the state; or an individual that belongs to the public because it is considered as a general power. Arbitration in general and E-Arbitration specifically are considered as modern Global system, or kind of mean to settle and resolve conflicts as a result of signing the administrative contracts. It was accepted by the most due to its characteristics and widely dominant.

It is recognized that the legal rules have been established to deal with normal circumstances, but it may happen that emergency circumstances occur that are impossible to confront under those rules, and thus the administration resorts to means and procedures that may amount to restricting the rights and freedoms of individuals, which even if they are considered illegal under them. Under normal circumstances, they are considered legitimate, just as Islamic law preceded man-made laws in stipulating and regulating the state of necessity. Likewise, the actions taken by the administration under this theory does not mean that the administration has absolute freedom to exercise whatever actions it wishes, or that its actions are not subject to To the oversight of the judiciary, whether ordinary or administrative, but that its actions are subject to oversight, and that responsibility is raised against it, and that it is obligated to compensate in the event that it exceeds the limits set for it, if it abuses or arbitrarily uses the powers granted to it, and jurisprudence has differed in naming this theory, It may be called the theory of exceptional circumstances, emergency circumstances, or the state of necessity, but the more accurate name is the theory of necessity, because Islamic law called it necessity.

Piracy in the seas and waterways represents a threat to the safety of navigation, ships, passengers and ship crews. The activity of pirate raids continues, but it sometimes decreases in some areas, only to appear in other new areas. According to statistics from maritime organizations.
Oil wealth constitutes a great importance and benefit in various aspects of human life. This importance is not limited to a specific time and place, but rather has become inherent to it and under whatever heading it is included. The importance was not limited to one aspect or another, but rather included all economic and political aspects. It is the engine of the countries’ oil policy and the determiner of the direction. Which it follows in its policy towards other countries, and its importance exceeded the local base after it occupied the international status and became a topic for international talks

The limits of an individual’s power to own real estate extend to the elements of private property in use, exploitation and disposal, and each of these powers is restricted by certain limits In principle, whether or not these powers are restricted arises from the extent to which the owner enjoys the freedom to own real estate, whether he is a national or a foreigner. Especially since the Iraqi legislator has varied his position on the foreigner in this regard, by distinguishing whether the foreigner is not a national of Arab countries, and then the state becomes strict in setting special conditions in order for this group to enjoy such a right, as indicated by the Property Law. Foreigners No. 1961, amended, and between the foreigner if he is a national of Arab countries, as he is subjected to special laws and lighter conditions,. However, after that, real estate ownership was banned for all with the issuance of the resolution of the dissolved Revolutionary Command Council of 1994, and this continued even after the change in the political regime and the issuance of the Constitution of the Republic of Iraq in 2005, which also prohibited real estate ownership for non-Iraqis, pending the issuance of a law regulating the issue This culminated in the issuance of the Investment Law of 2006 and its amendments, according to which the national and foreign investors were equated in many cases.

The family is the first social body of the individual, and the phenomenon of violence to which it is exposed is not recent, but rather dates back to the beginning of the emergence of human society, since Cain committed the first crime within the family entity represented by killing his brother Abel, since this incident and until this day humanity witnesses countless species Countless manifestations of cruelty and violence, which in turn produced and led to a series of successive tragic disasters, because violence by its very nature generates nothing but violence, and it is unacceptable behavior because of the repercussions and negatives it generates that affect the family entity, the integrity of security and the rights of its members, and it represents a serious threat to human rights, especially women and children, who are the most Vulnerable to violence and most of its victims.