Journal of Juridical and Political Science

Trading in stocks in the stock market constitute a fundamental pillar in building national economies. Therefore, the legislator was keen to protect these stock dealings against those familiar with the company’s secrets by prohibiting such stock dealings if they were based on confidential information that only those familiar with the company’s secrets know about. Whether this information relates to the company issuing the shares, or to the shares themselves, this is because such illegal share dealings lead to a lack or weakness of the desire to deal in shares, as well as the financial markets being out of their normal course, which negatively affects the national economy.

Democracy represents a political system based on the principle of participation, transparency, and respect for human rights, where the people exercise power by electing their representatives and participating in political decision-making. Democracy has a significant impact on building sustainable societies by enhancing community participation, as the democratic system involves citizens in the process of Decision making it contributes to enhancing the sense of belonging and societal responsibility and works to build sustainable societies. Democracy is considered a platform for protecting human rights and promoting social justice, which contributes to peaceful coexistence among members of society. Democracy also contributes to reducing poverty and social disparity in society, as democracy is considered an essential element in building Sustainable societies by promoting justice, participation and development in a comprehensive and balanced manner.

Achieving legal security for all members of society in general and for state employees in particular is sufficient to provide adequate resources to address the weaknesses in the Iraqi legislation that regulates the provisions of the public office in addition to the controls and instructions that are issued to facilitate the implementation of the aforementioned legislation، This comes through its role in identifying the weaknesses and strengths that lie in legislation and directing it in a way that serves the public interest of members of society, and it can also be relied upon if it is necessary to conduct a review of legislation and fine-tune it to ensure the achievement of the goal for which it was initiated. this places the onus on the executive bodies of legislation and laws to respect the law to prevent violations of the rights of individuals legislated under international conventions such as the Universal Declaration of human rights of 1948 and the International Covenant on civil and political rights of 1966 and internal legislation, which is all laws regulating the provisions of public office.

Legislation is the first source of law, and the main tool in the hands of the state to organize and govern society, but legislation may change depending on the variation of the circumstances of society and its needs, the legislative text is not a constant constant over time, but the continuation of the state enacting new legislation to meet the transformations and needs leads to the so-called: legislative inflation, that is: the existence of an arsenal of laws similar in terms of legal wording, which has led to the accumulation of legal texts over time and the sagging of laws, the effects of which often go beyond their field, which contributes to making the law somewhat difficult to apply and implement, on the one hand, because and unstable on the other hand.

This study has come to the conclusion that it is necessary to form a joint Supreme Committee for legislative reform, which includes the best legal expertise in various legal disciplines, with the participation of members of the three state authorities, whose duty is to review and revise legislation and merge laws with similar goals without duplication or conflict between their texts, in order to reduce the number of legislation and reduce the phenomenon of sagging, accumulation, and inconsistency in legislation, as well as collecting, trimming and tabulating scattered legislation, and codifying what can be codified in one code, and the legislative policy of the state regarding the issuance of legislation in a broad sense should be clearly defined, according to a fixed-term plan, and the issuance of legislation shall not be based on Reactions to real-time situations.

Perhaps one of the most prominent features of the program produced by the government of Mr. Muhammad Shiaa Al-Sudani, which gained the confidence of the House of Representatives in late October 2022, was its emphasis on pursuing a neutral foreign policy far from regional and international axes. All the governments that preceded this government sided, by one way or another, with one of the axes or great powers which influence the politics of the region.

What are the factors that push today’s Iraq towards a policy of neutrality, despite the intensity of the conflict between the axes in the region? What is the method that guarantees the success of this policy? What are the extent of the challenges which face it at domestic, regional, and global levels?
The basic hypothesis of this research is that the Iraqi neutrality policy is capable of achieving what all previous governments failed to achieve, and that the popular support it will gain will guarantee its success.
By adopting a deductive method based on a number of theories of international politics, such as neorealism, neoliberalism, and the theory of rational choice, this research seeks to prove the validity of the basic hypothesis and other sub-hypotheses by testing them against practical data and adopting those which prove their ability to pass the test.
The research is divided into three main chapters: 1) A conceptual and theoretical framework, 2) Motives for the policy of neutrality, 3) Challenges and obstacles to neutrality. Finally, it culminates in a conclusion summarizing the results reached by the researcher, then a set of recommendations that he believes will contribute to the success of this policy.

With the increasing importance and need for artificial intelligence it has become a means of committing, by using the ability of any machine or electronic device in a way that can be controlled remotely, that is, with pre-programmed timings and by human hands, or the electronic machine commits the crime without the person having any will to commit and carry it out. Hence, the criminal responsibility for these crimes must be determined and punishment must be set for them, including the incident of suicide, as the Iraqi penal legislator must establish special legislation or special criminal texts for artificial intelligence crimes to be included in the penal code, even though these crimes contain a high rate of complexity with regard to criminal proof.

Artificial intelligence technologies have become one of the basic necessities of human life that cannot be dispensed with. This technology has imposed itself on man, and artificial intelligence applications have entered all areas of economic, social, educational, and military life and perform tasks that the natural human is unable to do, thus saving effort and time for individuals, as well as accuracy in accomplishing the work and preventing risks for humans. Despite these advantages and positives of artificial intelligence applications, on the other hand, there is a danger and threat to the future of work and jobs, as robots, self-driving cars, and drone aircraft will replace individuals in accomplishing the work However, in the in front of these effects and risks that threaten human rights, especially the right to work, there is a lack of legislation that regulates the work of artificial intelligence applications and protects individuals from their risks.

The parliamentary system is adopted as a form of government in Iraq, and the 2005 Constitution came to confirm this and clarify the nature of the work of the three authorities (legislative, executive and judicial), as Article (47) stipulated, and Article (61) also clarified the functions of parliament represented by legislation and oversight, which is one of the characteristics of the parliamentary system based on cooperation and mutual oversight between the authorities. However, the legislative authority was exposed to pressures from the surrounding environment, whether internal or external, and faces many obstacles in its path, such as political quotas, as well as the nature of the relationship between the legislative and executive authorities, and regional and international pressures, as these pressures lead to a direct or indirect impact on the Iraqi parliament’s exercise of its powers in legislation and oversight.

The salary is one of the most important financial rights of the employee. There is no agreement or negotiation regarding the salary that the employee deserves. Accordingly, the salary has no contractual property, as it is considered a matter of public order and is determined according to the law. Regulating the financial deduction from the employee’s salary is one of the rights of the administration on the one hand, and one of the factors affecting his salary on the other hand. Therefore, the proceeds of this financial deduction go to the public treasury in order to finance the expenses that were allocated and deducted for it. Therefore, regulating the financial deduction from the employee’s salary is one of the rights that the executive authority possesses and derives its right from the constitutional and legal texts. Therefore, there must be legislation to regulate the financial deduction that is made to the salary. Therefore, because the relationship that links the employee to the state is a regulatory relationship in Iraqi legislation, any amendment made by the administrative authority to the legal status of the employee must be based on legal texts that justify its imposition.

Tax incomes are considered one of the main sources, and even one of the most important sources, in financing public budgets in various countries of the world. They are an effective tool in the hands of the state in influencing economic activity. Therefore, the importance of our study focuses on the extent to which the tax suitability rule is applied when imposing taxes in the annual general budget law, which is one of the most important rules that the legislator can rely on when imposing taxes to build an effective tax system and to protect the rights of taxpayers and to care for their legitimate interests and to choose the most appropriate procedures, methods, means and times in imposing, estimating and collecting the tax. However, the legislator’s inclusion of legal texts that impose various taxes in the general budget laws year after year makes it difficult for the taxpayer and the financial authority to refer to these texts.

The idea of religion is based on a strong existence, divine ability and human relations to become the social pattern of man. God almighty created a natural religious feeling. The international community has guaranteed the right to choose one's religion and creed and to freely practice all rites. This has been stipulated through numerous instruments, recently, however, it has experienced many violations whether in the Arab or Foreign countries and these violations were called "defamation of religion". Our current research is an attempt to understand the concept of defamation of religion and how was the law's position on that subject, as well as clarification of its findings and recommendations.

The research focuses on power as a criterion that determines the possibility and ability of states to influence international relations, It is one of the important pillars in managing and settling international conflicts. As is known, military force is one of the aspects of power and is one of the tools that states can use to resolve international positions. There are many examples in history, but this concept cannot be applied to a large extent to all cases. Moreover, the imbalance of power sometimes does not reflect all the elements of comprehensive power in its actual uses. Perhaps this is what the case of Gaza reflects.

Political rights of individuals are among the rights that most of the world's constitutions have sought to establish, as the importance of this type of rights is evident in its value to the individual. There is no doubt that the issues related to martyrs and their families have raised many problems and discussions, due to the injustice that this group of society has been subjected to, and their desire to obtain their rights. Therefore, the scientific importance of this research emerges in its study of the political rights of martyrs and their families, as it is one of the topics that has not been highlighted in recent years. The research concluded that the violations and breaches committed by the former regime in the field of political rights were not limited to the systems, laws and the Iraqi constitution, but rather constitute a violation of international covenants and agreements.

Companies of different types and nationalities have put their addresses on the Internet in order to communicate with customers and consumers and to define their activities and offer their services to the public, and there are many websites of these companies. Businesses occupy the largest share in the number of digital sites on the Internet Promote their products and services and offer them for trade and e-marketing.
The names of the websites may be trademarks of a registered trademark in Iraq or are known to have legal protection in the Iraqi Trade Marks and Data Act No. (21) of 1957, as amended, criminal and civil protection. In the form of Iraqi law, the profits earned by the aggressor from exploiting the fake or counterfeit trademark, in addition to the in-kind compensation of publishing the counterfeiting and counterfeiting decision in an official newspaper to restore the reputation and reputation of the counterfeit trademark.

The necessity of equality among individuals in rights requires their equality in public costs, especially equality in paying taxes, as the principle of equality among individuals is an established principle whether in the field of taxes or other fields, even if this principle is not stipulated in the constitution; because equality is an essential principle in the establishment of an organized society, and the essence of equality is based on the absence of discrimination and distinction between individuals, as all are equal, and exempting those with low incomes, for example, from paying financial burdens and exempting some groups from performing military service in the event of the availability of health or social reasons that prevent the possibility of performing this duty does not conflict with this principle.

The truth of a judicial ruling cannot be revealed if it is not implemented. It is considered a title for the truth from a theoretical perspective, and the theoretical aspect cannot reap its fruits if it is not transformed into practical reality. As long as judicial rulings express the principle of legitimacy, it is obligatory for everyone to respect them. Administrative judicial rulings are also obligatory for the administration to respect, and respect them by implementing them. However, in some cases we find that the administration, as a result of its unlimited arrogance, refrains from implementing them for justifications, most of which are illegitimate. We researched this topic and reached many results and recommendations through which the problem of the study was addressed.

The child receives great attention in national legislation, similar to international and regional laws, and this attention is justified, as what distinguishes children is the weakness of physical and mental capacity, which facilitates the commission of crimes against children without the slightest resistance. Among these crimes is the crime of exposing a minor to danger, which the Iraqi legislator stipulated in Article 383 of the Penal Code No. 111 of 1969. Therefore, the study aims to clarify the concept of the minor (child), and to define the elements of this crime, represented by the assumed element that requires a characteristic in (the victim), the material element, and the moral element. Therefore, the study aims to analyze the legal texts related to the crime in order to determine the elements that make it up. At the end of our research, we concluded that a minor is any person who has not reached the age of eighteen, and that this crime can occur through positive behavior such as abandonment, and can also occur through abstention such as deprivation of care. The crime of exposing a minor to danger is an intentional crime, in addition to being a formal crime that does not require actual harm to occur, as it is self-sufficient whether harm results from it or not, as it has a preventive nature.

The research topic sheds light on criminal policy in its objective aspect of criminal law, showing the purpose for which the legislator's policy was established, whether in the field of criminalization or punishment. Its purpose is to protect collective and individual interests. If society were left without protection, the law of the jungle would prevail. On the other hand, criminal policy seeks to provide security and stability among individuals, especially since the most important thing it seeks to achieve in this aspect is the spread of criminal justice. The Iraqi legislator has established its criminal policy according to certain principles, including the principle of criminal legality, which has a temporal and spatial restriction. It must be followed on the ground correctly as it was drawn for it, to guarantee the freedoms of individuals and prevent their violation, especially since the individual knows in advance the criminal acts. If individuals did not know their rights and determine crimes and their punishments in advance, individuals would remain at the mercy of the tyranny of the authorities (executive and judicial), but rather they are determined by the legislative authority.