AL- Mouhaqiq Al-Hilly Journal for legal and political science

يتناول هذا البحث موضوع التنظيم الدستوري والقانوني لمكافحة التطرف الفكري المؤدي إلى الإرهاب، مسلطًا الضوء على أهمية التوازن بين حماية الأمن القومي وضمان الحريات العامة. يبين البحث أن الدساتير الحديثة تتضمن نصوصًا تتيح للدولة اتخاذ تدابير استثنائية لمواجهة التهديدات الفكرية المتطرفة، شريطة احترام مبادئ سيادة القانون وحقوق الإنسان. كما يستعرض الإطار القانوني الوطني والدولي الذي ينظم هذه التدابير، مع التركيز على التشريعات التي تجرم التحريض على العنف وخطاب الكراهية. ويؤكد البحث على ضرورة وضع استراتيجيات وقائية تُعنى بالتربية والإعلام وتعزيز ثقافة التسامح كوسائل فعالة في مكافحة التطرف من جذوره، إلى جانب الإجراءات العقابية

the crime of publicly inciting non-compliance with the laws is one of the crimes that affect the internal, security of the state it occurs through positive behavior, that focuses on the laws in forces on the laws in force in the state ,the behavior that constitutes it must occur through one of the public methods stipulated in the law ,whether by word ,gesture, writing,etc,the crime of publicly inciting non -compliance with the laws is characterized by a set of characteristics that distinguish it from other ,at may seem that it shares some of its elements with other crimes.

Potential interest is defined as the plaintiff's need for judicial protection against an infringement that has not yet occurred but is likely or expected to happen. In such cases, the lawsuit aims to prevent potential harm before it occurs. This positions the judiciary's role as preventive rather than remedial. Forms of such potential infringements include the apprehension of harm that may affect the concerned parties, averting an impending danger that could materialize at any moment.This also encompasses claims for a deferred right, requests to affirm and protect a right whose existence has been denied, establishing or preserving existing evidence.These scenarios of potential infringements grant the plaintiff the right to seek judicial preventive measures, obligating the judiciary to accept the plaintiff's lawsuit. Such lawsuits are based on preventive interest, termed by the legislator as "potential interest". These lawsuits are accepted by the judiciary when the interest and its characteristics are present.

A potential interest is defined as the plaintiff's need for judicial protection against an infringement that has not yet occurred but is likely or expected to happen. The lawsuit filed does not aim to remedy harm that has already occurred but to prevent harm before it happens. The potential interest involves the possibility of an infringement on a right or legal position at any moment due to existing reasons, with the judiciary's function here being preventive rather than remedial..Preventive lawsuits are practical applications addressed by Iraqi and comparative judiciaries. They include lawsuits such as evidence establishment, dispute cessation, annulment, future obligation enforcement, cessation of new works, inquisitorial actions, witness hearings, challenges by document denial, challenges by document forgery, among others.

It is well established that determining the legal nature of the restriction on the transfer of ownership holds significant importance, which often manifests in its connection to the clarification of the rights and obligations of the contracting parties. Through such determination, the restriction can be framed within its proper legal context. Undoubtedly, the silence of the Iraqi legislator regarding the inclusion of a legal provision that defines the legal nature of the restriction has greatly contributed to the emergence of divergent opinions and interpretations among legal scholars and the judiciary.

The specialized bodies are one of the formations of the Iraqi Council of State, which the legislator granted the pivotal role in the Council in performing its advisory function, despite their different names in the countries under comparison. Their competencies include providing binding and non-binding legal opinions and advice requested by ministries and entities not affiliated with a ministry from the Council of State, in addition to their competence to prepare and review draft legislation to ensure legislative unity in the country. Therefore, the effectiveness of these bodies in performing their competencies supports the Council's advisory function, as they represent the basis for many administrative decisions, in addition to legislative drafting.

The process of legal qualification requires a dual effort by the responsible party concerning both the law and the facts. On the one hand, regardless of the degree of specificity or generality in a legislative text's definition of facts, such a text inherently embodies abstraction and generality. The party undertaking legal qualification must deduce an applicable rule from this abstract and general text by either refining the text or assigning it a more precise and less generalized meaning, Regarding the facts, the concrete factual circumstances must be abstracted: that is, individual material facts material facts must be elevated to a level of generality by omitting every element deemed irrelevant. Through the specification of the legal rule and the abstraction of material facts, alignment between the two can thus be achieved.

The crime in question is one of the crimes affecting antiquities and heritage, which the legislator mentioned in Article (36) of the Antiquities and Heritage Law No. 55 of 2002, and it is represented by the exploitation of images, their use, publication, sale, or any other act for commercial and media purposes without the approval of the antiquities authority. The crime consists of a special element represented by its location, which is photographs and moving images of archaeological sites and heritage areas, and general elements embodied by the material element, which is determined by the act of investment and the lack of obtaining approval from the antiquities authority, and the moral element, which takes the form of general intent, represented by knowledge and will, and the form of special intent, represented by commercial and media intent. The legislator punished the perpetrator of the crime in Article (47/Second) of the aforementioned law with imprisonment for a period not exceeding two years or a fine.

The elements of the crime vary according to the different crimes, some of them are satisfied with the general elements, due to the nature of the crime committed, and some of them require a special element, and based on that idea, this crime, is not satisfied with the general elements, but must be preceded by a special corner represented as the victim in the crime, which is aquatic life, and this is what is included in the penal laws, which indicate their content that the crime - in question, is based on three pillars, the first relates to the special corner, which is aquatic life, in addition to the general elements in the crime, represented by ( The material element, and the moral element). The crime in question has been a serious concern at various levels and in all countries of the world, and there has been a cry for the need to develop appropriate legal formulas to address its provisions

The international civil administration aims to manage the regions experiencing international or internal conflict by international actors especially in the period following the Cold War, The applications have increased and this function is within the context of The multi-dimensional functions in which the international actor or the international organization exercises the authority of executive management and is granted legislative powers to achieve peace-building, transitional justice and a solution to the problem of the existing conflict..
Practically , this issue aroused widespread controversy in jurisprudence circles, especially about the nature of this practice and the legal basis on which it is based.
The importance of studying this subject lies in the absence of unified legal rules regulating the process of practicing civil international administration for regions experiencing international conflict. Rather, it is mostly based on the prevailing customary rules.

It is well known that punitive damages represent a unique feature of the Anglo-American legal system, demonstrating a significant expansion in the scope and classification of damages. Originally, compensation was the only remedy available to the courts. Later, the judiciary established categories of financial penalties that served objectives entirely different from those of corrective damages, including punitive damages. However, this type of compensation remains an exception to the general rule that compensation is corrective and therapeutic in nature, not punitive. Furthermore, although punitive damages are often characterized by excessive assessments, which makes them subject to skepticism and suspicion, especially in systems that do not adopt them, this characteristic has begun to diminish after several attempts were made to curb excessive assessments.

This study examines the legal liability of individuals for the dissemination of intellectual extremism, focusing on both criminal and civil aspects through a comparative analysis of Arab and Western legislation. It explores the legal framework for criminalizing incitement to violence and hate speech, as well as civil liability for damages resulting from the spread of extremist ideas via traditional and digital means. The findings reveal a significant contrast between the European approach, which emphasizes balancing counter-extremism efforts with freedom of expression, and the stricter Arab approach. The study recommends updating legal frameworks to address digital challenges while ensuring a balance between security and fundamental rights.

his research addresses the crime of fraudulent bankruptcy as a criminal conduct connected to commercial activity. It occurs when a bankrupt merchant commits fraudulent acts to harm creditors, such as concealing assets, destroying accounting books, or acknowledging fictitious debts. The Iraqi law addresses this crime under Article (468) of the Penal Code No. (111) of 1969, while Lebanese law covers it under Article (689) of the Penal Code No. (340) of 1943 and Article (639) of the Commercial Code No. (304) of 1942. The crime requires the presence of a material element represented by the fraudulent act, a moral element consisting of criminal intent, in addition to the offender’s status as a merchant. It is considered a complex crime that does not arise from bankruptcy alone, but rather from its association with criminal conduct that causes actual harm to creditors, with the causal link being essential. Regarding penalties, Iraqi law grants the judge discretionary power to impose imprisonment or detention, treating it as a felony, while Lebanese law prescribes hard labor for up to seven years and prohibits settlement with the fraudulent bankrupt.

The U.S. Supreme Court plays a vital role in the American system. As the highest court, it serves as the final resort for those seeking justice. It exercises judicial review—authority derived from constitutional interpretation—positioning itself alongside Congress and the Executive Branch to ensure each remains within its limits. It also protects civil rights and liberties by striking down laws that violate the Constitution. Furthermore, it sets proper limits on democratic governance by preventing the majority from enacting laws that unfairly harm or exploit unpopular minorities. Over time, the Court has expanded its role beyond its original mandate, especially with the growing recognition of constitutional justice. It has taken bold steps to establish itself as a true constitutional court.

Since human dignity is the basis of human right and fundamental freedoms, and it is still the basis of all democratic constitutions, and it receives jurisprudential and legislative attention at the national and international levels, it is recognized in foreign and local legal systems, and has been enshrined in constitutional and international legislation. This interest in human dignity in jurisprudence and legislation, in addition to the ambiguity of its meaning, is what prompted us to research the nature of human dignity and to clarify its characteristics and forms, and then to shed light on the extent of its protection in international instruments and comparative Arab and foreign constitutions in general, and then to stand to clarify the purpose of the research by addressing the role of Iraqi constitutions and the extent of their interest in human dignity in particular.

English law, through the Supreme Court's decisions in Rainy Sky SA v Kookmin Bank, Arnold v Britton, and Wood v Capita Insurance Services Ltd, and contrary to the opinions of some judges, advisors, and jurists, has not deviated from Judge Hoffmann's modern objective approach to interpretation of contract. In contrast, French civil law, through the 2016 legislative reform of the Civil Code, has taken a step toward convergence with English law in this regard by adopting an objective approach alongside the subjective approach to interpretation of contract.

Determining the nationality of satellites is a modern and complex legal issue imposed by the rapid development of outer space. Several parties are involved in the manufacture, launch, and operation of a satellite, raising the question of determining the legal nationality of this space object. According to Iraqi law, and in light of the international obligations adopted by Iraq, such as the Outer Space Treaty of 1967, the nationality of a satellite is determined by several key considerations, including the country of manufacture, the country of launch, and the recipient or owner state. Regarding the country of manufacture, the mere manufacture of a satellite in a particular country is not sufficient to confer its nationality. Manufacturing is a technical aspect that does not create a full legal link between the satellite and the manufacturing state, unless it is coupled with direct ownership or clear legal arrangements proving that the manufacturing state retains the rights to control and supervise the satellite. The launch country, however, is a more influential factor in determining nationality. Under the rules of international law and space law, including those reflected in Iraqi legislation, the state that launches a satellite or permits a launch from its territory bears international responsibility for space activities, including legal oversight and compensation for damages. Therefore, the launch country is a strong indicator of a satellite's actual nationality, especially if the launch is linked to state ownership or management. Regarding the beneficiary or owner, Iraq relies on the principle of effective control and legal ownership to determine a satellite's nationality. If the Iraqi state is the ultimate beneficiary or owner of the satellite or the data and services generated by it, Iraqi law allows this satellite to be considered part of the state's assets, indirectly granting it "Iraqi nationality" and subjecting it to its legal sovereignty in accordance with the provisions of the Iraqi Space Regulations.

The concept of religious extremism is a very dangerous concept, which prompted us to explore this topic and identify its relationship to terrorism from the perspective of Islamic law and comparative constitutional texts in France, Turkey, and Iraq. This research also explores methods of protection in Islamic law and constitutional methods for protecting individuals. This research adopts an analytical approach and arrives at several conclusions and recommendations, the most important of which are: Preventive protection of the concept of religious extremism is one of the most important studies needed by Iraqi society. It also highlights the relationship between religious extremism and intellectual security, which is considered a pillar of Iraqi society and must be preserved and disseminated among all members of society in order to eliminate religiously, politically, and socially extremist ideas. It also highlights the need to focus on ways to protect the individual's right to protection from religious extremism and remove all obstacles to intellectual security from Iraqi society. It also highlights the need for the state, with all its scientific, academic, religious, political, and social institutions, to intensify their efforts to analyze this phenomenon and hold seminars and conferences to discuss and combat religious extremism at all levels. It also highlights the need to achieve economic, political, and social stability to protect intellectual security.

Freedom of conscience is one of the basic freedoms of the individual, and the laws are responsible for protecting it, and enabling every individual to protect his conscience from any violation, and to live according to the lifestyle he chooses, and the contract that includes an obligation or condition that conflicts with the conscience of one of the contracting parties, the debtor of this obligation is not forced to implement it, and he has the right to refrain from implementing it, and even has the right to compensation for the violation of his conscience, and it has legal and judicial applications, and thus freedom of conscience has crept into the general theory of civil contracts and has become a condition that the contracting parties are supposed to respect, otherwise the contract is no longer governed by the principle of binding force because it has violated the basic freedoms of the individual, which are part of the public order. This condition does not govern all civil contracts, but rather governs some of them that are subject to the implementation of obligations of an intellectual nature, such as the work of a journalist purely, or material work with a moral dimension, such as the work of a doctor or teacher. Contracts that are subject to the protection of purely material interests do not include the condition of conscience.

This study examines the legal framework for civil liability arising from compliance with and breach of technology transfer contracts, focusing on the role of confidentiality and know-how as two key elements in the transfer of modern technologies and knowledge between parties. The paper begins by defining technology transfer contracts, outlining their types and key characteristics. It then presents the importance of confidentiality and know-how as a primary objective of these contracts, given the legal issues surrounding them related to protection and preventing misappropriation or unlawful exploitation. The article analyzes the extent to which the parties (supplier and importer) are committed to fulfilling their obligations, particularly maintaining the confidentiality of information. It explains how breaching these obligations—whether through disclosure or unlawful use—leads to civil liability, requiring proof of the occurrence of damage and the causal relationship between the fault and the damage. The study reviews comparative legislative models (Iraq, Egypt, Jordan, France, and the United States), highlighting civil protection measures such as redress, compensation, and cessation of aggression, as well as criminal protection in some systems that criminalize breaches of confidentiality. The study concludes that activating legal guarantees, drafting precise contractual terms, and developing national legislation are essential to achieving a balance between encouraging technology transfer and protecting rights holders. It recommends the development of provisions related to civil liability and arbitration mechanisms for technology transfer contracts to achieve effective and practical protection of legitimate interests.