Journal of Kufa legal and political science

The task assigned to the administration is to maintain the regular and continuous operation of the public facility. At a time when the administrative decision does not achieve this goal, the administration has another weapon through which it can make the public facility meet needs and satisfy desires, namely the administrative contract. In the latter, not only is the administration’s will apparent, but the will of the other party with whom the administration contracts is also prominent in the contract. This is to arrange rights and obligations imposed on both parties, and upon acceptance of which, the response and acceptance between the two parties are achieved. The principle that governs these contracts concluded by the administration is that the personality of the contracting party is taken into account. That is, the qualities possessed by the other party are what prompted the administration to contract, and without them, the contract is disrupted. The development taking place today due to technological progress has made the administration conclude contracts in which the contracting person is not taken into account. These are contracts with names other than the real names of the persons contracting with the administration, which are concluded using artificial intelligence. Among these contracts are administrative contracts concluded using blockchain technology, which have certain characteristics that contain advantages and disadvantages that are different from those concluded by the administration in the traditional way with natural or legal persons. While the contracting method governs Traditional nature and certain legal provisions based on personal consideration and mandatory implementation. We note that this new type of contract (blockchain) is dominated by a legislative vacuum by the Iraqi legislator, unlike its counterpart in other countries, and this is what we will discuss in this research.

Repercussions from renewable energy may relate to many social, environmental, and financial effects resulting from the development and running of these projects. Although certain renewable energy sources, like wind power, solar energy, hydropower and biomass, may sometimes have their difficulties or cause harm in particular circumstances, they are clearly more sustainable than fossil fuels. Furthermore included are greenhouse effects: As with large solar farms like the Ivanpah Solar Electric Generating System in California, IR-absorptive gases may have erratic and harmful secondary environmental effects that would need entire biospheres-worth of sacrifice. One topic to be discussed in the framework of cross-border harm produced by renewable energy is law regulating culpability and indemnification. Indeed, for large-scale projects especially, the damage from solar electricity is really severe and may be delayed.

The agency by dispute is a contract whereby the client appoints a lawyer to initiate the lawsuit procedures on his behalf in exchange for a specific fee. Therefore, this contract ends, like other contracts, by performing the specified work, or by termination, or by the death of one of the parties, or the loss of capacity of one of them, or by the dismissal of the lawyer, or the lawyer's retirement from the agency Terminations can be limited by considering that the agency by dispute is a non-binding contract based on personal consideration

Originally, the written administrative law sets the rules that govern the public administration’s function performance regularly and steadily. Thus, it is very rare for the administration to find itself unable to perform those tasks due to the legislative vacuum that may be revealed by the application of those rules. Sometimes, the administration may not suspend its function until the legislator intervenes through the enactment of a new law or the amendment of an existing law that keeps pace with the changing and evolving reality of administrative work, since it is an actual disruption of the administration activity and obstruction of its public facilities’ workflow, on one hand, and prejudice to the individuals’ rights and freedoms, on the other hand. Within this context, the practical role of the administrative custom raises up as an unwritten legal source. So, the administrative customary rule transforms from an organizational tool, which the administration used to follow to organize its administrative affairs, to a temporary means to face the legislative vacuum in the written legal texts, which faces when carrying out its duties. Nonetheless, the administrative custom’s applicability in facing the legislative vacuum varies according to its type, whether its emergence is adjacent to the legal text or independent from it. In the end, the practical applications of the administrative custom reveal its importance in facing the legislative vacuum in the rules of the administrative law.

The most severe form of punishment, leading to the removal of the offender from civil society, has long been the death penalty in criminal justice. Various criminal justice systems, driven by penal populism, punitive objectives, and crime risk management in high-risk offenses, have consistently aimed at executing offenders. Despite the relatively similar geography, culture, and values of Iran and Iraq, each country has taken a different path in implementing this punishment within its criminal justice system. This article examines and investigates the position of the death penalty in the criminal justice systems of Iran and Iraq. This research was a descriptive and analytical study of the laws of both Iran and Iraq, and a comparison between the Iraqi and Iranian laws and the applicable international conventions, and a statement of the strengths and weaknesses, and the similarities and differences between the mentioned laws.

In recent decades, the world has witnessed many armed conflicts that have killed millions of innocent civilians. international community to confront and suppress them through international humanitarian norms that seek to protect civilians and their consciousness, With the operationalization of international criminal norms aimed at punishing perpetrators of grave violations that are confronted with a problem of a dual nature as a result of the existence of international legislative deficiencies relating to the regime, adaptation, evidentiary and punishable by grave violations s serious violations in Iraq in order to achieve national criminal justice as well as international criminal justice after the widespread spread of grave violations around the world in general, ISIL terrorist violations against Iraqi civilians in 2014, especially Legal debate and international records remain unresolved, which requires us to deal with scientific research in a row.

The financial disclosure procedure, which certain categories of employees or those charged with public service are obligated to submit, is a necessity required by the criminal policy to combat administrative and financial corruption. Reliance on this procedure has expanded, and its importance has increased, especially after the development in the means of committing corruption crimes in terms of secrecy and concealment. However, imposing this obligation without a penalty for violating it does not achieve its purpose. If this procedure is to be effective, those who refrain from submitting the disclosure statement must be punished. Therefore, the Iraqi legislator and the laws of comparative countries have imposed criminal liability on those who refrain from disclosing financial assets. However, the legislative regulation of this crime has not been immune to the shortcomings that plague its regulation, as there are legislative deficiencies in many of the texts related to its regulation, including the texts related to its elements. This is what we attempt to clarify in this study by shedding light on the shortcomings that plague the texts regulating the elements of the crime of refraining from disclosing financial assets.

ntellectual terrorism is the cornerstone of all terrorist acts, practiced in a variety of ways. It is a deviant ideology, regardless of its forms and manifestations, whether it is represented by religious doctrine, political visions, media outlets, or otherwise. Its purpose is to instill fear and terror in the souls of members of society in order to achieve specific goals and objectives. Some modern constitutions have indicated mechanisms through which the phenomenon of intellectual terrorism can be prevented, as well as other punitive provisions to address this phenomenon. However, the adoption of these mechanisms varies among these constitutions, depending on the philosophy of the existing political system in each country and the extent of the phenomenon's prevalence.

Civil servants have important responsibilities towards the State, as they hold a special political and legal status. Their relationship with the administration is governed by fundamental legal and regulatory principles, which have several implications, starting with the existence of a legal framework to which they are subject, namely the general civil service law and its implementing regulations. Since the State comprises various public services that carry out diverse activities, whether judicial services exercised by the judiciary, or administrative services, be they purely administrative or economic and commercial, and because these activities are directly related to providing public services to the citizens, the administration utilizes various means to enable it to perform its functions. The administration, as a legal entity, can only exercise its powers and duties through its representatives, who are human beings (i.e., civil servants.

This research addresses formal requirements in commercial documents under Palestinian legislation, comparing it to Jordanian legislation. The study aims to clarify the precision and clarity of legal provisions concerning the formal conditions of commercial documents and the consequences of their violation. The researcher employed a comparative analytical methodology to examine and compare legal texts in Palestinian and Jordanian legislation while referencing legal doctrine and interpreting relevant provisions. The findings reveal that the Palestinian Draft Commercial Law adopts a stricter approach to formal requirements, enhancing trust and protecting rights. However, this rigidity may pose additional barriers to daily transactions—conversely, the Jordanian Commercial Law No. (12) of 1966 demonstrates greater flexibility in addressing minor formal errors, facilitating the circulation of commercial papers but potentially increasing the risk of legal disputes. Both legislations safeguard the rights of bona fide holders, though differences in the specifics of liabilities exist. The researcher recommends reviewing the Palestinian Draft Commercial Law to strike a balance between rights protection and practical considerations, amending legal provisions to avoid ambiguities in terminology, and introducing greater flexibility for handling minor issues that do not affect the substance of obligations. Furthermore, the study suggests incorporating legal provisions for issuing blank commercial papers and subsequently completing their details, along with conducting additional comparative studies between Palestinian legislation and other jurisdictions to adopt global best practices in regulating commercial papers.

This study analyzes the overlap of powers among legislative, executive, and judicial authorities in the Iraqi and Emirati legal systems through a comparative approach, aiming to understand the causes and impacts of this overlap on the stability of the legal system. The overlap of powers poses a significant challenge to the principle of separation of powers, potentially leading to the disruption of administrative decisions and weakening the judicial system’s effectiveness. In Iraq, Article 115 of the 2005 Constitution delineates the powers of regions and governorates, creating disputes with federal authorities, particularly in managing natural resources. In contrast, Article 99 of the UAE Constitution reinforces the Federal Supreme Court’s role in resolving disputes among judicial bodies, reflecting a clearer organizational framework. The study employs a descriptive, analytical, and comparative methodology to examine relevant constitutional texts and laws. The findings reveal challenges such as legal ambiguity in defining jurisdictions in Iraq, while the UAE demonstrates a more effective approach to judicial coordination. The study proposes legal reforms to clarify jurisdictions and strengthen judicial independence, contributing to the stability of the legal system and the rule of law in both countries.

This research examines and analyzes the Issue of inadmissibility of administrative lawsuits, as one of the most Important procedural sanctions established by the administrative judiciary to regulate the course of litigation and prevent the courts from being preoccupied with frivolous or unsatisfactory lawsuits. The research begins by defining the concept of inadmissibility, highlighting the difference in jurisprudence between one approach that limits it to the lack of formal requirements for a lawsuit, such as capacity, interest, and litigation, and another approach that expands its scope to include any legal impediment that prevents the court from continuing to hear the dispute. Through this presentation, It becomes clear that inadmissibility is not merely a formal procedure; rather, it is a judicial means of protecting public order and achieving a balance between the right of individuals to litigate and the stability of the legal positions of the administration. The research addresses cases of inadmissibility, concluding that the general conditions (capacity, interest, litigation) constitute the basis without which a lawsuit cannot be valid, while the special conditions (prior grievance, respect for deadlines, and compliance with mandatory procedures) represent additional restrictions imposed by the legislature or derived by the judiciary, consistent with the specific nature of administrative disputes. It has been shown that a ruling dismissing an administrative case results in the nullification of all subsequent proceedings, rendering the case null and void, preventing the court from hearing its merits, either permanently if the ruling has acquired the force of res judicata, or temporarily If the reason is reversible. The research also addressed the mechanism for appealing a decision of inadmissibility, explaining that Iraqi law limits it to appeals before the Supreme Administrative Court. The research concluded with a number of findings, the most important of which is that Inadmissibility represents a fundamental guarantee for the integrity of judicial litigation. However, in its current form, it may sometimes prevent litigants from discussing the substance of their rights for remediable formal reasons. Therefore, we see the need to develop the judicial system by establishing a judicial grievance mechanism as an intermediate stage that gives the plaintiff an opportunity to correct procedural defects before resorting to a cassation appeal. This would enhance the right to litigation on the one hand, and reduce the burden on the Supreme Administrative Court on the other.

This study provides an extensive analysis of the legal framework governing the temporal scope of criminal proceedings in both Iraq and the United Arab Emirates (UAE), with particular focus on the initiation of criminal proceedings and the statute of limitations as two essential pillars for ensuring criminal justice and protecting human rights. The research aims to evaluate the extent to which each legal system succeeds in achieving a balance between the principle of prompt justice on one hand, and the guarantees of a fair trial and the rights of the accused on the other. Through a comparative legal analysis, the study reveals significant differences in the legislative philosophies of the two systems. Iraq adheres to the principle of mandatory prosecution, under which the public prosecutor is obliged to initiate proceedings whenever sufficient evidence exists. Additionally, Iraq imposes strict limitations on the applicability of the statute of limitations in serious crimes, reinforcing the principle of general deterrence. Conversely, the UAE adopts the principle of prosecutorial discretion (opportunity principle), granting the public prosecutor the authority to decide whether to initiate proceedings, while treating limitation periods as a general rule to ensure legal stability and protect legitimate expectations. This divergence demonstrates that Iraq prioritizes the public interest in punishment and the protection of public order, often at the expense of procedural flexibility, whereas the UAE emphasizes legal stability and procedural efficiency, consistent with contemporary developments in criminal policy. The research highlights that the central challenge lies in achieving a delicate balance between the speed of adjudication and the protection of defense rights, ensuring that efficiency does not devolve into haste, nor protection into impunity. The study concludes by calling for a comprehensive review of procedural legislation in both jurisdictions to align with international human rights standards, and to harmonize the principles governing prosecution and limitation periods, thereby ensuring effective justice that upholds proportionality between the right to punish and the right to a fair trial.

Criminal meditation is one of the most important alternatives that prevent the initiation of criminal proceeding against the offender while enabling the victims to obtain fair compensation. Restoring to mediation help resolve the harm caused by the crime, serving as measure the achieves criminal justice – the very essence of criminal procedure law.it also alleviates the financial burden on the public treasury and saves the parties involved signification effort, time, and expenses. The application of criminal mediation has become widespread in most comparative legal systems, including Latin and Anglo-American jurisdictions. The European Union has recommended its adoptions in the legislation of European countries, and several Arab legal systems, such as Algerian law, have already implemented it. This clearly underscore its significant role in criminal procedures. The French procedural system introduced mediations practices in the early 1980s, even the absence of explicit legal provisions establishing it as an alternative to prosecution or criminal sentencing. Initially, meditation was conducted by public prosecutions and investigation judicial functions, aiming to reduce the growing number of case dismissals and alleviate the backlog of criminal cases before the courts.

Recently the fundamental rights and freedoms of individuals have been subjected to some violations. Therefore, there must be a direct means to protect them, and to establish mechanisms to protect the constitutional rights and freedoms granted to individuals in the face of the three public authorities: legislative, executive and judicial This is done through a lawsuit that allows individuals the possibility of direct recourse to the constitutional judiciary. To present any violations of their constitutional rights by public authorities. This lawsuit is a well-established procedural tool in a number of comparative constitutional systems, as their constitutions have adopted it for decades. This has contributed to establishing the role of constitutional courts as a pivotal player in the process of political development and promoting democratic transformation.