TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

: Harm may be of a material nature, causing financial loss to a person’s body or property, or it may be of a moral or non-material nature, affecting a right or interest that is not of a financial kind. Such harm includes damage to feelings, emotions, reputation, honor, or other moral values of the individual. For this reason, Islamic jurisprudence has long been hesitant to accept the idea of monetary compensation for moral or non-material rights.
However, over time, this perception has evolved in line with the intellectual and technological development of societies. Today, it is widely accepted for individuals who suffer harm or offense to their reputation, dignity, or emotional well-being to resort to the judiciary and demand compensation for such moral injury.
In this regard, the law now plays a role in safeguarding the rights of individuals who have been subjected to moral harm or offense. Monetary compensation is viewed as a means of restoring an individual’s dignity, reputation, and social standing. Often, compensation for moral harm holds greater significance for the injured party than material compensation, as it acknowledges and respects the emotional and personal aspects of the injury, which vary from one person to another.

Abstract: Noise pollution through social media is considered one of the emerging phenomena resulting from technological development and the widespread expansion of digital interactions. Noise pollution is no longer limited to the traditional environment; rather, it has taken new forms embodied in disturbing audio clips, intrusive advertisements, and content of an aggressive or unethical nature that is disseminated across electronic platforms. This research examines the phenomenon from a criminal law perspective, with the aim of defining its conceptual framework, identifying its manifestations and characteristics, distinguishing it from other related behaviors, and clarifying its psychological, social, and health impacts.

The study also seeks to analyze the substantive basis for criminalization by examining the constituent elements of digital noise pollution and identifying the forms of criminal liability arising from it, whether at the individual level or for legal entities. The findings conclude that noise pollution via social media poses a genuine threat to public order and societal tranquility, especially given the shortcomings of current legislative frameworks in addressing it explicitly. Accordingly, the research recommends the inclusion of specific criminal provisions that clearly criminalize such acts, in addition to raising public awareness of the dangers of this phenomenon, in a manner that achieves a balance between freedom of expression and the protection of the right to public tranquility.
© 2023 TUJR, College of Law, Tikrit University

Abstract: Environmental risks have become a source of concern for all countries and their societies, to the point that they have become a concern for humanity and the international community. This has prompted the international community to develop mechanisms to protect them, ensuring the continuity of natural and renewable resources for future generations, protecting the planet from extinction, and returning to the values and humanity of humanity, preserving the ancient civilizations we strive for to this day. In order to avoid the environmental destruction that occurred in the past, it was necessary to restructure the economy to take environmental considerations into account and ensure the achievement of sustainable development. This is because the economy and the environment are, at bottom, closely related, as both aim to effectively manage scarce resources. According to the United Nations Environment Program, environmental sustainability leads to economic growth. A green economy can control the negative effects of climate change and its impact on water resources and food security. To achieve a green economy and green growth, the OECD recommended that countries develop new green industries, jobs, and technologies, as well as green activities and competencies, skills development, and job creation and transformation. The OECD also believes that achieving green growth requires decoupling economic performance from environmental performance. Therefore, countries must adopt modern technologies and develop new products that meet new demand patterns from households, businesses, and governments, and promote investment in the environment as a driver of economic growth.

Abstract: If the goal of procedural sanctions is to be an effective means of achieving the legislator's intent to resolve lawsuits in the shortest possible time and with the fewest possible procedures, this will ensure the smooth running of justice by preventing litigants from using procrastination and delay tactics to preserve litigation time, prevent it from being subject to the litigants' control, and reduce the phenomenon of slow litigation, then the penalty of annulment is among the most important and dangerous procedural sanctions, given the serious consequences it entails. Therefore, through this study, we have attempted to address the concept of procedural duties, defining them, clarifying the procedural legal status, and the negligence that results in the penalty of annulment. We have also explained negligence in procedural duties, in terms of the plaintiff's neglect of the duty of attendance and the litigants' neglect of this duty. It has become clear to us that the subject of the penalty of annulment is the civil dispute, as it is a single block of successive procedures taken with the intent of obtaining a ruling from the judiciary

Abstract:The study focused on addressing the issue of disciplinary liability of the members of the Iraqi Council of State, considering it one of the delicate subjects that directly affect the legal and administrative structure of the administrative judiciary in Iraq. Through this scholarly effort, the researcher sought to elucidate the theoretical and practical dimensions of such liability by analyzing the relevant legal provisions, identifying aspects of deficiency and legislative gaps, and comparing them with the approaches adopted in certain comparative legislations. Following a research journey based on methods of analysis, critique, and comparison, a number of conclusions were reached that contribute to clarifying the legal framework of disciplinary liability and accurately defining its features, thereby paving the way for the Iraqi legislator to address the existing shortcomings and to strengthen the legal safeguards afforded to the members of the Council of State.

Abstract: Pure fresh water is essential when available. What humans need for the continuity of life today in particular is groundwater, due to its extreme importance to humans, especially in arid regions where this water represents the main source, especially in the process of industrial and agricultural development. This water is exposed to multiple risks as a result of human activities, such as over-exploitation and various types of pollution, which negatively affects humans and their health as consumers of this water, especially for domestic uses. Therefore, when relying on this water, laws must be enacted to ensure its preservation and protection, due to its extreme importance, especially with the lack or scarcity of surface water in some areas. Some violations may be committed during use. Therefore, this study aims to clarify the legal mechanisms guaranteed by the legislator to protect groundwater and prevent its misuse, which leads to its depletion or pollution. The Iraqi legislator took it upon himself in Environmental Protection and Improvement Law No. 27 of 2009 to extract groundwater

There is a stage that precedes the contract, which is the contractual negotiation stage. This is due to reasons that may be economic, represented by the practical value of the contract to be concluded, or psychological and social reasons governed by the circumstances of each society individually, or legal reasons due to the difficulty and complexity of contracts, such that it is not sufficient to resort to the supplementary rules that are applied when there is no agreement on the terms that contradict them.
The need for a pre- contract negotiation phase is evident in the principles of the (UNIDROIT) Convention on International Trade Contracts, which governs many of these contracts, including mineral exploration contracts, and engineering and electrical construction contracts, taking into account that these contracts are only implemented by specialized giant companies.
Thus, the legal effect of the contractual stage is characterized by any communication between two or more parties, by any means, whether oral, written, electronic, or otherwise, with the aim of reaching the best contractual terms and obligations that achieve the interests of both parties.

Abstract:The general budget serves as a roadmap that outlines the framework and boundaries of the state's financial activity, with its executive bodies acting as the driving instruments of that activity. When performing their duties, these bodies must adhere to the course set by this roadmap; otherwise, they would be deemed to have deviated from it. And since the budget concerns financial activity, the state bears a legal obligation to document all operations carried out within the scope of its financial activities during the fiscal year, subsequently submitting all evidence thereof in the form of financial documents and records—what is referred to in the doctrine of financial law as the final account of the general budget.
In this study, we focused on the legal aspects of preparing and executing the final account of the state's general budget within the framework of the Iraqi legislative context. By examining all relevant laws and through a structured, logical scientific approach, we sought to address every issue that could be resolved and eliminate all legal obstacles and complications that, in our view, have contributed to the delay in finalizing the closing accounts of previous fiscal years.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research aims to analyze the phenomenon of legal inequality within the international environmental system by examining the divergence of obligations between developed and developing countries and its impact on legislative sovereignty. It reveals that, despite their proclaimed pursuit of climate justice, international environmental treaties have institutionalized a form of legal disparity that subjects developing countries to obligations exceeding their technical and economic capacities. The study argues that the principle of “common but differentiated responsibilities” has evolved from a mechanism of fairness into an instrument that reproduces legal dependency through conditional financing and international monitoring mechanisms. Furthermore, the research explores how this structural imbalance undermines national legislative autonomy in developing countries, drawing on examples from the Kyoto Protocol, the Paris Agreement, and the UN Framework Convention on Climate Change. It proposes an alternative legal framework grounded in the concepts of adaptive differentiation and environmental sovereignty as means to achieve environmental justice while preserving legislative independence. The study concludes that reforming the international environmental order requires redefining the relationship between international obligations and the right to development, ensuring that environmental justice rests upon substantive—rather than merely formal—legal equality.

Abstract: Technological advancements and their associated digital transformation processes, along with the emergence of artificial intelligence technologies, play the most significant and powerful role in shaping the reality we live in. Despite their countless benefits across all fields and sectors, they also have drawbacks that, in one way or another, undermine the morals, values, and principles of societies due to their misuse and the hostile nature of some entities or individuals..

This research addresses the topic of the right to informational silence as one of the modern legal concepts that emerged as a result of the tremendous technological development in the field of data and personal information collection. It aims to clarify the conceptual and legal framework of this right, with a particular focus on its civil protection under the provisions of the Iraqi Civil Code.
The study is based on the premise that informational silence constitutes a natural extension of the right to privacy, expressing an individual’s freedom to refrain from disclosing personal data without coercion or pressure, as this represents an aspect of human dignity and freedom of will. The study demonstrates that, although Iraqi civil legislation lacks explicit provisions addressing this right, it nonetheless contains general principles that can serve as a legal basis for its protection—particularly through the rules of tort liability and the provisions governing compensation

Abstract: Since the worker has the right to privacy vis-à-vis the employer's authority, whether during or outside of work hours, and since the employer has the right to manage his or her business, there must be a balance between the employer's authority and the worker's right to have their privacy respected. To achieve this, legal protection is required to guarantee and protect the worker's right. Since this protection can be divided into two forms: judicial and non-judicial, all laws must enact such legislation. Through our research, we will address the most important non-judicial legal mechanisms used to protect the worker's right to privacy. These mechanisms may take the form of administrative guarantees, represented by employer and management oversight, or other guarantees, represented by restrictions imposed on the employer's disciplinary authority or restrictions imposed on management.

Abstract:Administrative penalties are a facet of the administration's activities. They operate regularly and steadily through the regular and effective management of public facilities by addressing violations committed by individuals that threaten the environment with harm that is negated by protecting public order and achieving the public interest, which is always the primary goal of the administration. Therefore, the administration has the authority to grant them in accordance with the laws regulating them. These penalties are of a nature specific to the authority of the administration, and are imposed independently based on the privileges of public authority, as those subject to them are ordinary individuals, not employees linked to the administration by a functional relationship, as is the case with disciplinary penalties. Therefore, we find them distinct from disciplinary penalties and criminal penalties as well. The definitions of administrative penalties are both preventative and remedial. Some may be imposed before the violation occurs, to mitigate its occurrence and avoid the resulting damage and negative consequences, with the aim of protecting public order and achieving the highest levels of public interest. Others may be imposed after the violation occurs, with the aim of addressing the negative effects of these violations and ensuring the proper management of public facilities. Therefore, these penalties are defined as having a punitive nature, imposed by the state's administrative authorities as they exercise their public powers against ordinary individuals, regardless of their identities. Therefore, one of the fundamental characteristics of these penalties is their general nature, as they are imposed on all individuals, regardless of their identities or characteristics. They also have a deterrent nature, achieving the primary goal of managing public facilities and protecting public order from legal violations. These administrative sanctions vary between those related to administrative control and criminal policy, for example, limiting criminalization and punishment, and highlighting the authority of the administration to impose these sanctions instead of imposing the authority of the criminal judiciary. Since these sanctions fall within the authority of the administration, it imposes them in the same manner as it imposes its other legal acts. The means of imposing them are administrative decisions, regulations, and bylaws, or it may resort to coercive implementation and forceful imposition whenever necessary or if previous means are ineffective.

Abstract: Artificial intelligence is one of the most prominent outcomes of the contemporary technological revolution, having brought about a qualitative transformation in work patterns and methods, directly impacting employment opportunities across various sectors. This research seeks to highlight the positive aspects of using AI technologies to support labor markets by creating new jobs that require advanced skills, improving efficiency and productivity, and opening up innovative career opportunities. Conversely, the research addresses the negative aspects represented by the increasing risks of machines replacing humans in some traditional professions, and the resulting high unemployment rates and weak job security. The research also discusses the implications of these transformations for public policies and labor legislation, highlighting the need to adopt balanced strategies that maximize benefits and minimize negative impacts. The research concludes that AI represents both an opportunity and a challenge, which necessitates institutional and individual preparedness to keep pace with the demands of the new labor market

Abstract: This study addresses real guarantee surety (kafala ‘ayniya) as a particular form of real securities, whereby the surety provides property he owns as collateral for the debtor’s obligation. The research highlights the distinction between real surety and personal surety: while the latter entails liability over the guarantor’s entire assets, the former limits liability strictly to the pledged property. The study also demonstrates that the Iraqi Civil Code has not provided a comprehensive regulation of real surety, mentioning it only in a few scattered provisions, unlike comparative legislations, particularly French law. The study concludes with a recommendation that Iraqi legislation adopt specific provisions to regulate real surety, balancing creditors’ interests with the protection of sureties, thus promoting greater stability in civil and commercial transactions.

Abstract: The political systems of various countries are currently described as law-compliant countries – a state of institutions – and it is often noted that states governed by law are characterized by the fact that power is exercised by a set of abstract principles that govern the behavior of all with equal rules in the face of the state ruled by the people. This State shall act on the basis of and within the limits of the law. Within the framework of the Iraqi constitutional experience, the constitutional structure of the state of institutions was established in the 2005 constitution on the basis of providing power at the expense of the state. Thus, its role was weakened, as the authority was formed on the basis of ethnicity – so that the authorities take the place of the state. The administration of all levels of the state has also been distributed accordingly, away from experience and efficiency. This represents a flagrant contradiction with the constitutional provisions that stipulate the independence of the state authorities and the equality of all before the law. The origin is that the constitutional institutions are representative of the people based on their choice under the elections, not on the basis that they are elected representatives of their blocs, that is, the practice led to the personalization of power rather than its institutionalization.