Ashur Journal for Legal and Political Studies

This research addresses the criminal protection of freedom of thought, opinion, and expression as one of the fundamental rights guaranteed by constitutions and international human rights instruments. Although this freedom represents a cornerstone of democratic society, it is not absolute, as it must be balanced against the protection of public order and the rights of others. Accordingly, criminal law intervenes to prohibit and punish acts that constitute an abuse of this freedom, such as defamation, insult, or the dissemination of false and misleading information that may disturb social peace.
The study aims to highlight how criminal legislation seeks to maintain a fair balance between safeguarding freedom of expression as a constitutional right and protecting individual dignity and the public interest - particularly amid the challenges posed by the digital sphere and modern communication technologies. .

The article focuses on the idea of governing cultural diversity by reformulating the concept of diversity, cultural recognition, social justice, and political representation among groups as fundamental pillars in managing cultural diversity in contemporary Western societies in a way that preserves their identity and independent existence, which is threatened by the danger of integration, migration, and assimilation with the majority culture. Hence, the research starts from questions such as: How can multicultural societies maintain social cohesion and achieve social justice? How can cultural and demographic diversity be managed in the presence of political disagreements about cultural diversity? And how has the rise in levels of international migration affected the demographic and cultural dynamics in multi-ethnic societies? The researchers provided answers to these questions, distributed across eight axes. The first axis addressed the pluralistic perspective, the second axis addressed current discussions on diversity governance, the third axis included discursive, normative, and methodological integration, the fourth axis included moving away from the debate between multiculturalism and cultural interactionism, the fifth axis included the distinctions and integrations between multiculturalism and cultural interactionism, the sixth axis included deepening the link between multiculturalism and cultural interactionism, the seventh axis included rethinking the spatial relationship and the four normative values, and the eighth axis included reformulating the relationship between multiculturalism and cultural effectiveness..

In light of global advancements in artificial intelligence technologies, these tools have taken on an increasingly significant role in legal fields, particularly in criminal investigations.
Authorities have begun relying on data analysis and intelligent pattern and evidence recognition, which has transformed the nature of traditional investigative work.
However, this digital transformation—despite its vast potential—raises legal and societal questions regarding its legitimacy, limitations, and safeguards.
This study addresses the smart tools used in collecting and analyzing evidence, whether physical (such as fingerprints, DNA, and facial recognition) or digital (such as big data analysis).
The research focuses on the legal framework governing the use of these technologies, especially given the absence of explicit provisions in Iraqi law addressing these issues. It also highlights the impact of these tools on criminal investigation procedures and the rights of the accused

The crime of drug trafficking and psychoactive substances is a serious offense that has become a global issue affecting most countries around the world. Therefore, international agreements and national legislations have stipulated the criminalization of any illicit trade in such narcotic substances. For human behavior to be considered a crime, certain conditions and elements must be present, which are necessary for the crime to be established; these are referred to as the elements of the crime.
These elements can either be general to all crimes or specific to certain crimes, as some offenses require an additional condition for their existence The former distinguishes the crime from lawful acts, while the latter differentiates a particular crime from others. In other words, they constitute a set of conditions and elements required by law for the establishment of a crime, regardless of its nature, such that the absence of any one of the results in the non-existence of the crime altogether
Every crime must have two main elements: the material element and the moral element. However, there are crimes, including drug trafficking, that require, in addition to the aforementioned elements, other elements; they necessitate a specific element to be fulfilled due to their particularity, known as the presumed element. This is any specific element required by law that is essential for the establishment of the crime or for determining its nature or the type of punishment prescribed for its perpetrator. In essence, it is a prerequisite condition that must exist for the act to be classified as a crime

The 2005 Iraqi Constitution laid the foundational framework for a federal state in Iraq following the collapse of the former regime in 2003. It delineated the structure and powers of the federal authorities, the regions, and the governorates not incorporated into a region. However, certain constitutional provisions concerning the distribution of powers are characterized by overlap and contradiction, which has led to varied interpretations. This is despite the Constitution’s clear intent to establish a functional federal system and facilitate the formation of regions.
One significant constitutional development is the granting of extensive powers to governorates not affiliated with a region—powers that closely resemble those of the regions themselves. Although the Constitution adopts administrative decentralization in managing these governorates, some provisions deviate from this principle. Notably, provincial councils have been granted legislative authority, including precedence over federal legislation in areas of shared jurisdiction. This legislative power inherently includes the authority to impose local taxes and fees, which may subject residents of certain governorates—as well as foreign investors and residents—to local levies in addition to federal taxation. This raises the potential for double taxation and administrative confusion.
Given this context, the primary aim of this study is to examine the implementation of administrative decentralization in Iraq by analyzing relevant constitutional and legal texts. The research seeks to identify contradictions within these texts regarding the authority of provincial councils to impose local taxes and fees. It further investigates the federal government’s practices in restricting this constitutional jurisdiction. The study concludes that administrative decentralization does not inherently conflict with granting governorates taxing authority, provided such powers are clearly defined through federal legislation. It also recommends avoiding temporary provisions in annual budget laws that grant short-term fee-imposing powers and emphasizes the importance of strengthening local administrative institutions to enhance their leadership and governance capacities at the governorate level.

The process of studying digital governance and the extent of its impact on promoting good governance requires us to study in depth the most influential aspects of good governance and its indicators, as well as the study of digital governance and its mechanisms.in this regard, the role of digital governance in Iraq after 2021 as an effective tool in enhancing transparency and efficiency in the management of public institutions is highlighted, as these elements are important indicators in good governance, and therefore the research is trying to put forward a new vision in addressing the sagging in the management of public institutions through the adoption of digital governance and make it a strategic input to promote good governance in Iraq.

Analogy plays a somewhat essential role in pushing penal law toward a noticeable and effective response to the criminal phenomenon. The courage of the penalist combines influences in the application of the law to achieve prompt justice with a tangible impact on social protection and personal security. The truth, which cannot be challenged by various jurisprudential, legislative, and rational approaches, is that the penalist's hunger for analogy in applying penal texts is a resort to any urgent need, rooted in the inadequacy of that text to address and cover everything that concerns only a right or social interest. It is established that criminalization is a specific offense, and with the exception of a text, it only harms or is unjust to it.

In light of the global growth of the culture of restorative justice, research into alternative punishments and rehabilitation occupies a prominent position in the development of modern criminal policy. This research deals in depth with the legal and philosophical concept of alternative punishments as a civilizational lever that goes beyond deterrence toward human rehabilitation. It reviews the most important forms of alternative punishment, such as community service and electronic monitoring, and highlights rehabilitation as the essence of justice rather than an accessory to it. It also highlights the international legal basis established by UN conventions and the Nelson Mandela and Tokyo Rules, emphasizing the role of the state in enabling individuals to return safely to the social fabric.
Iraq is taken as a model for analysis, with the research reviewing its attempts to adopt these alternatives through legal provisions and reform initiatives that are not yet complete, pointing to the legislative, administrative, and technical challenges that stand in the way of establishing an effective system of alternative penalties.
This research does not merely diagnose the reality, but offers a precise methodological vision that balances the requirements of deterrence with the necessities of reform, thereby enhancing the efficiency of the criminal justice system and preserving the dignity of the individual. It is an explicit call to redefine the function of punishment from one of punishment to one of rehabilitation.

Domestic violence against women is one of the most prominent challenges threatening family stability and social cohesion. This phenomenon has escalated in recent years, especially in Iraq, which suffers from ongoing conflicts and economic and social crises.
This research aims to examine the extent to which Iraqi laws protect women from domestic violence, by analyzing the relevant legislative texts in force, such as Penal Code No. 111 of 1969 and the Personal Status Law No. 188 of 1959, as well as reviewing international laws and treaties ratified by Iraq. The study also addresses the latest developments in Iraq regarding this issue, particularly the judicial approach to all forms of gender-based violence and the conflict between legislation and national constitutional principles.
Some forms of domestic violence still go unpunished or are dealt with as minor offenses. Moreover, the absence of a special law for the protection of the family (despite a draft law being under discussion for some time) has left many cases facing procedural challenges in court.

Banks play a major role in the development of the national economy by providing substantial financial liquidity, as they safeguard customer savings and later utilize them in various investments and banking operations. Due to the significant advancements in services offered by banks in recent times, their functions are no longer limited to traditional activities such as cash deposits. Other forms of deposits have emerged that are no less important than cash deposits, particularly non-cash deposits such as the deposit of securities. This shift has affected the legal status of banks in deposit contracts, whether in the form of cash or non-cash deposits.

Hate speech is considered one of the most dangerous phenomena threatening security and stability due to its significant role in inciting conflict, violence, and discrimination. This phenomenon has grown notably with technological advancements and the widespread use of social media platforms, which has made it necessary to shed light on the legislative treatment of hate speech.
At the international level, combating hate speech has become a priority in international law, with many international conventions prohibiting hate speech in order to regulate freedom of expression and prevent it from becoming a tool of abuse or incitement. Nationally, however, legislation varies from one country to another depending on legal, political, and cultural contexts. In some countries, hate speech is explicitly criminalized, with severe penalties imposed on violators to protect public order and security. In other countries, priority is given to freedom of expression, and hate speech is only criminalized if it amounts to direct incitement to violence. Many national legal systems address this issue through criminal laws, media laws, or specific legislation, although the methods of application and interpretation may differ significantly according to local context.

Family security is the main pillar of social security, as the individual is an essential component of the family, which in turn is considered the first nucleus of society, so the stronger and cohesive the family system is, the more positively it reflects on society and vice versa, as the family is the pulse of society, and among the most prominent factors that affect family ties and threaten their cohesion are sexual deviations in various forms and newly discussed, which have negative effects on family security and stability.
The danger of these deviations lies in undermining the role of the family as an educational and moral institution responsible for the upbringing of future generations and the transmission of good values and morals, and if this marginalization of the role of the family continues, its status as a fundamental axis in building society will decline, and this matter would threaten the family to lose its legitimacy and its pivotal role in forming a healthy society, and therefore, in our study we will shed light on the effectiveness of national legislation in facing these sexual deviations that affect the security of the family, and indicate the legal impact that will result from each of these models of sexual deviations.

The Iraqi legislator has guaranteed to all citizens the right to rest by stopping work for a period of time estimated at one or several days each week or each year, for the purpose of their participation in religious, national and international events, provided that this is done in accordance with a legal system that regulates these holidays and determines their dates. This is what the Constitution of the Republic of Iraq of 2005 referred to in Article (12/Second) of it, which stipulated (regulated by law, ..... official holidays...), and although this law referred to in the article was not issued, it At the present time, reference is made to the Official Holidays Law No. (110) of 1972 in force, which came to us after several amendments occurred to it with a list of official holidays containing Friday and Saturday of each week, and (17) days of each year, and it has been Determine them according to their Gregorian dates with regard to national and international occasions, and according to their Hijri dates with regard to religious occasions and sorrows.
Determining official holidays is one of the tasks of the Iraqi Council of Representatives, as a specific day cannot be considered an official holiday except in accordance with what the Council of Representatives decides by issuing a law to that effect or making an amendment to the law in force since it is the legislative body responsible for that. As for the Iraqi Council of Ministers, it is responsible for announcing Official holidays, as it is the executive body responsible for implementing federal laws, this is in principle, except that the Iraqi Council of Ministers may, as an exception, announce official holidays for national or important occasions, provided that they do not exceed seven days, and it may cancel them based on the text of Article (3) of the Holidays Law. As for the provinces’ jurisdiction to declare official holidays, it is considered to have lost its legal support, due to the absence of an article allowing them to exercise this jurisdiction. As a result of non-compliance with the stated legal texts related to declaring official holidays in Iraq, there has been a significant increase in the number of days for these holidays, which It affects the work of state departments, schools, universities, institutes and the judiciary, thus obstructing the interests of citizens.

The general budget represents a cornerstone of modern economic management, serving as the primary instrument through which the state organizes its resources and directs public expenditures to achieve sustainable economic growth and social equilibrium. This study examines the economic and social significance of the general budget and evaluates its impact on Iraqi and Egyptian society, within a comparative framework of the financial experiences of the two countries, both of which possess relatively advanced fiscal systems.
The analysis demonstrates that the general budget fulfills multiple essential functions: it facilitates the allocation of resources in accordance with development priorities, serves as a mechanism for promoting social justice through income redistribution, and operates as a legislative and supervisory tool that ensures transparency and accountability in public financial management. The study further reveals that Iraq’s budget continues to confront structural challenges, including an excessive dependence on oil revenues, limited economic diversification, and volatile fiscal policies amid recurring economic and political crises. These issues have adversely affected social stability and the provision of public services.
By contrast, Egypt has managed to consolidate a more resilient fiscal framework. Key factors contributing to its relative success include long-term financial planning, adherence to the principle of expenditure efficiency, and the expansion of non-oil revenue sources. These measures have enabled more stable and equitable development.
The study concludes that reforming Iraq’s general budget system requires the adoption of prudent fiscal policies grounded in strategic planning, income diversification, enhanced transparency, and strengthened parliamentary and judicial oversight. Such reforms are essential to balance the economic dimension—encompassing growth and stability—with the social dimension—encompassing justice and equal opportunities. Consequently, the general budget transcends its role as a mere accounting instrument, representing instead a foundational pillar for establishing the modern state and achieving sustainable development in both Iraqi and Egyptian contexts

This research studies and analyzes one of the most prominent legal topics with a growing impact on “international trade relations,” namely “the impact of globalization on international trade contracts in developing countries.” It highlights how the legal systems in these countries interact with the requirements of globalization, which has established a modern pattern of contractual relations based on economic openness and legal integration. Globalization is no longer just a political or economic slogan, but has become a legal reality imposed by international legislation, agreements, and global commercial institutions, which has created major legal challenges for developing countries that are striving to align their local legislative system with international standards. In light of this, the research relied on analyzing the general framework of globalization and the manifestations of its impact on commercial legislation and trade contracts. A comparative study was also devoted to Iraq and Lebanon to demonstrate the extent to which these countries have adapted to this phenomenon. Accurate results were reached, indicating that globalization imposed a contractual pattern that favors major economic powers, which created an imbalance in the balance of contractual justice, and that the response to modernizing legislation available in developing countries varied in its effectiveness. This study concluded with recommendations, which in They all aim to enhance legal balance and ensure contractual protection for vulnerable parties within an interconnected international environment

In light of the rapid developments in the real estate development sector and the various marketing methods adopted by real estate developers to promote their projects, there has emerged a pressing need to provide legal protection for consumers against misleading advertisements associated with this activity.
The importance of this study stems from the noticeable increase in real estate advertisements in practice and the significant role they play in informing the public about the characteristics of residential units offered for sale by developers. The study aims to define the legal status of the consumer when seeking to acquire a residential unit based on a misleading advertisement, and to clarify the legal regulations governing real estate advertisements to ensure the accuracy and reliability of the information presented, within the framework of consumer protection laws in the field of real estate development.
The sale of residential units in development projects has raised several legal issues, most notably: the adequacy of traditional legal rules in providing sufficient protection to consumers from misleading advertisements, particularly in the absence of precise legislative regulation of real estate advertising, despite the provisions included in the Iraqi Investment Law No. (13) of 2006, as amended. These and other issues are addressed throughout the study.

This study aims to analyze the role of political parties in shaping voter behavior in Wasit Governorate, within a context shaped by overlapping social, economic, and political factors. It is based on the premise that party influence is not limited to political programs or electoral discourse, but also includes public trust, tribal affiliations, economic conditions, and levels of political awareness.
The findings reveal that a significant portion of voters make their choices based on personal and social considerations rather than party platforms or competencies. This highlights the limited impact of party efforts in guiding electoral decisions. Furthermore, a noticeable gap exists between voters and political parties, driven by weak communication, lack of persuasive messaging, and insufficient understanding of local community needs.
The study recommends reevaluating the interaction mechanisms between parties and voters, strengthening political education initiatives, and promoting conscious participation to build an electorate capable of independent and informed decision-making.

The researchers addressed a crucial topic: determining civil liability for damages arising from artificial intelligence technology. Is it based on personal liability, i.e., personal error, or presumed error? Or does it require relying on another basis to determine civil liability for damages caused by artificial intelligence, focusing on objective liability? These smart software programs possess several characteristics and features that enable them to perform their assigned tasks without human intervention. Due to the specific nature of damages caused by artificial intelligence entities, objective liability was preferred over personal liability..

Air pollution is one of the environmental issues that need to be addressed. and this matter is being approached by two different mechanisms, economic and legal framework, both designed to reduce the pollution effects. Air pollution has taken new dimensions as its negative effects has began to extend to distant areas and cross to exceed national boarder toward other countries, this phenomenon known as long-range transboundary air pollution, which requires necessitates international efforts alongside national actions to control or reduce pollution.
On this basis, this research focused on international efforts to address this issue, specifically the 1979 Convention on Long-Range Transboundary Air Pollution, which established several legal rules to combat and reduce transboundary air pollution. most notably the establishment of a mechanism for international cooperation in the field of research and development, exchange of information, as well as the establishment of the cooperative program for monitoring and evaluating the long-range transport of air pollutants in Europe

This research presents an in-depth analytical study of the concept of expropriation for public benefit in both the Iraqi and Lebanese legal systems. It focuses on the constitutional and legal foundations of expropriation, the legal consequences thereof, and the procedural and financial safeguards that ensure protection of the property owner's rights. Through a comparative legal approach, the study aims to highlight the similarities and differences between the two systems and to evaluate the effectiveness of the existing legal guarantees in balancing the needs of public interest with the protection of private ownership. The findings reveal variations in the execution mechanisms, compensation assessment methods, and available safeguards, all of which influence the overall efficiency of legal protection in each system

Addressing the civil liability of the educational counselor arising from bullying within the school is of great importance, as bullying is considered one of the widespread phenomena in society and the school environment, being an unhealthy behavior that causes physical and psychological harm to those who are subjected to it. From this perspective, the responsibilit y of the educational counselor becomes apparent, as he is legally obligated to supervise and monitor students by guiding and directing them towards proper behavior during their time at the educational institution. Therefore, if an action is taken by one student that causes harm to another student, such an action constitutes grounds for the educational counselor's liability for negligence when its three elements are present: fault, harm, and a causal link between the harm and the fault. Given the importance of this matter and the resulting criminal and civil liability, we note that positive laws have stipulated it in their legislation, including the current Iraqi Penal Code, the Egyptian Penal Code, and the Algerian Penal Code. As for civil liability, it is subject to the general provisions relating to liability for the actions of others. To compare the texts in the Iraqi Civil Code and the Egyptian Civil Code, this study was divided into two sections. The first section dealt with defining the educational counselor and his tasks, and also addressed bullying and its causes. The second section was dedicated to clarifying the provisions of his civil liability and its effects.

In this article, the researcher presents the issue of issuing a central bank digital currency (CBDC), called the \\"digital euro,\\" from the perspective of the Eurosystem. The digital euro would be a direct commitment from the central bank, presented in digital form, for use by citizens and businesses in retail payments. This digital euro would complement existing paper money and traditional central bank cash deposits. The researcher explains the objectives and benefits of the digital euro, stating that it supports providing citizens with a secure means of payment in a changing digital world, enhancing Europe\\'s path towards innovation, and contributing to its strategic independence by offering an alternative to foreign payment service providers for fast and efficient payments within and outside Europe. The digital euro is expected to become an urgent necessity for individual and commercial transactions in a number of possible scenarios, such as if the use of cash declines significantly or if other electronic payment methods become unavailable due to emergency events. Or if foreign digital currencies begin to widely replace domestic payment methods, in the absence of a digital euro, the Eurosystem will be forced to develop alternative tools to address these potential scenarios. This could deepen the financial exclusion of disadvantaged groups (such as the unbanked) and force direct intervention from the central bank.
This researcher believes that a digital euro could contribute to achieving other strategic objectives of the Eurosystem, including:
1.Providing modern payment services that reflect changes in consumer behavior.
2. Promoting innovation in payments.
3. Expanding options, enhancing competition, and supporting financial inclusion.
The Eurosystem is working to design a system that minimizes potential negative impacts on the implementation of its core functions in the financial sector in particular and the economy in general, as some design choices could impact the role of banks in financial and financing intermediation, particularly during crises and uncertain times.
Accordingly, the Eurosystem continues to conduct in-depth analyses to understand the benefits and challenges associated with a digital euro. The focus is on various types of potential designs, comparing their ability to meet the needs of citizens, businesses, and financial institutions. The digital euro could also be designed to mimic some of the important characteristics of cash in the digital economy, such as the ability to make offline payments alongside online payments.

This study examines political systems in Africa through a comparative study of Nigeria and South Africa, focusing on the impact of economic challenges and ethnic conflicts on the stability and effectiveness of these systems. The study uses a comparative and analytical approach to analyze the relationships between political, economic, and social variables in both countries. The study finds that Nigeria suffers from excessive dependence on oil and recurrent ethnic conflicts that negatively impact its political system. South Africa, on the other hand, has a more diversified economy and a balanced parliamentary political system, but faces residual economic and ethnic inequalities from the former apartheid regime. The findings suggest that strengthening political institutions, diversifying the economy, and effectively managing ethnic diversity are key factors for achieving political stability and sustainable development in both countries.

The principle of relativity in civil litigation has numerous applications. This principle, as it is called, "is a principle that dominates various procedural ideas," given its influence over procedural acts, which generate procedural effects independent of the will of the parties.
There is no doubt that procedural acts are designed by the procedural legislator, taking into account the intrinsic purpose of each act individually and the overall objective of this act within the procedural system within which it operates. Therefore, procedural acts are inextricably linked to their procedural system. They are not substitutes for one another, nor are they transferable from one system to another, because they would never function. Ultimately, they serve the substantive right and have no other purpose. It must be noted that the principle of relativity applies to all procedural actions in civil litigation, whether before the Court of First Instance or even before the Court of Cassation. Whether this action is a procedural right or a procedural duty, we must therefore address the application of this principle to civil litigation procedures, as this principle governs all litigation procedures from their inception until the issuance and implementation of a judgment. Therefore, the applications of this principle are numerous and varied. Accordingly, we will divide the research topic into two sections. In the first, we will address the concept of procedural action and its requirements, while in the second, we will dedicate the impact of the principle of relativity on procedural actions, as follows

This research addresses the policy of preventing false rumors as an integral part of modern criminal policy, examining the legal and social frameworks aimed at stopping the spread of false rumors before they turn into actions harmful to society. The study relied on the analysis of field data through questionnaires and interviews with relevant official authorities, particularly the Ministries of Interior and Education, to enhance community awareness. The research highlighted that current laws require development to include explicit preventive provisions, and that the digital space represents a double-edged tool: it can accelerate the spread of false rumors or serve as an effective means of prevention if appropriate monitoring and verification tools are applied. The study concluded with a set of recommendations, most notably promoting public awareness, activating the role of official institutions, and reviewing legislation related to false rumors to expand the scope of preventive measures.

The obligations of the air operator in liability insurance, during the stage preceding the occurrence of the risk, are limited to two fundamental duties which simultaneously constitute rights of the insurer. The first is the duty of disclosure regarding information related to the insured risk, which serves as the cornerstone in shaping the general policy governing liability insurance contracts. The significance of this obligation is reflected, on the one hand, in enabling the air operator to fully understand the nature of the insured risk and to affirm the seriousness of the matter at hand, thereby ensuring full disclosure in order to obtain the best possible coverage. On the other hand, it reinforces the principle of utmost good faith, while also allowing the insurer to determine the appropriate premium that corresponds to the circumstances surrounding the risk. Consequently, the duty of premium payment by the air operator is considered the second essential obligation prior to the occurrence of liability risk.

The constitution granted provinces not organized into a region powers close to those of a region, despite adopting a decentralized approach to provincial governance. However, some provisions contradict this decentralized approach, including granting provincial councils legislative authority and even prioritizing local law over federal law in shared jurisdictions. Undoubtedly, granting provinces legislative powers entails the authority to impose local taxes and fees. This could lead to residents of certain provinces being subjected to local taxes and fees in addition to federal taxes and fees, resulting in double taxation. This also applies to foreign residents and investors in the provinces. Therefore, further regulation by the federal legislative authority is necessary, through legislation that clarifies the nature of these taxes, how they are levied, and specifies all aspects of their technical implementation.


The aim of the research was to highlight the features of the application of administrative decentralization in Iraq and to analyze the constitutional texts and the texts of laws related to the field of research in order to know the extent of the conflict in the texts regarding the authority to impose local taxes and fees by the governorate councils and to look at the practices of the federal government to prevent the constitutional jurisdiction of the governorate councils, even though administrative decentralization does not conflict with the authority of the governorates to impose taxes and fees if it is by a legislative text issued by the federal legislative authority that defines its main features and to avoid including in temporary budget laws clauses that give the governorates the authority to impose temporary fees and to strengthen the role of the administrative apparatus and raise its administrative efficiency to exercise its role in leading the governorate.

This paper aims to examine the risk leading to the direct execution of the administrative decision by analyzing its concept, the limits of its gravity, and its implications on public order, including its security, health, and social components. The study adopts a comparative approach between France, Egypt, and Iraq to identify legislative and judicial trends in addressing risks that necessitate administrative intervention without prior judicial authorization.
The study revealed that France is characterized by an almost comprehensive administrative law framework that provides both legislative and judicial bases for addressing various forms of risk. This reflects the development of the French Council of State in defining the conditions and limits of direct execution, thereby ensuring the protection of rights and freedoms while preserving public order.
In contrast, Egypt relies on scattered sectoral laws that regulate direct execution procedures in specific fields, without reaching the unified and organized stru

The will of the contracting parties is the fundamental pillar in the formation of the contract, as the psychological element imposes its authority on the formation of the contract from the beginning, so this legal entity does not exist without the will of the parties to form it. The effect of the psychological element in the contract also appears as a determinant of obligations, as the will of the parties to the contract is what determines their obligations. Therefore, the question arises here about the role of the psychological element in implementing the contract and determining its scope as a first stage in order to implement it according to what the will of the contracting parties has determined (according to what it includes) and in a manner consistent with what good faith requires in a second stage.

Undoubtedly, legislation and decisions, which represent the cornerstone of state administration and government operations, should not be enacted randomly. Rather, they must be passed with utmost care and based on urgent necessity. The abundance of legislation and decisions is not considered a positive practice, whether by the legislative or the executive authority.
Therefore, it’s essential to establish strategic plans through careful reading, analysis, and research into society’s actual need for such legislation and decisions, while also prioritizing them appropriately. This calls for the presence of a governmental institution tasked with overseeing this matter, composed of experts and academics, in addition to the creation of advanced research centers dedicated to measuring the impact of legislation and decisions. If this approach were to be implemented in Iraq, the outcome would inevitably be high-quality and well-structured legislation and decisions, organized into strategies of short, medium, and long-term scope.
Such an effort must also take into consideration societal and environmental changes, human resources, population growth, the availability of resources and budgetary funding sources such as oil and gas, as well as the increasing rate of government spending in the face of limited resources. All these factors should be studied in such research centers, where legislation is refined, filtered, and then presented for discussion and voting

In light of globalization and economic openness, well-known trademarks have become a vital element for any company seeking success. These marks are characterized by their strong commercial appeal, as they attract consumers due to their reputation associated with the products they represent. For this reason, well-known trademarks are vulnerable to unauthorized exploitation by traders seeking to gain personal profits at low cost, without regard for the harm that may be caused to the original mark.
This exploitation leads to what is known as "trademark dilution", a phenomenon that weakens the distinctiveness of a well-known mark, where its impact on consumers' perception gradually diminishes. This occurs as a result of linking the mark to products or services unrelated to the original mark, which over time causes it to lose its commercial value, or may negatively affect the reputation of the original mark if associated with a low-quality product. In response to this broad extension of protection, the principle of fair use has emerged as a balancing mechanism that limits such protection while taking into account the requirements of freedom of expression. The purpose of fair use is not to restrict the rights granted to the trademark owner, but rather to define their boundaries in a manner consistent with the economic and social functions of the trademark.

Our current era is witnessing unparalleled technological progress and development, and the impact of artificial intelligence is an integral part and an essential pillar of this development, which led to the emergence of many emerging problems in the legal arena, and the most important of these problems that arise because of artificial intelligence are issues related to the protection of intellectual property rights, and how to protect the business produced using artificial intelligence. From this point of view, the idea of this research came on the adequacy of the provisions of the Intellectual Property Rights Protection Law No. 22 of 1992 and the extent of its ability with the developments imposed by artificial intelligence techniques in the field of patents.

The city of Al-Najaf Al-Ashraf experienced broad political and social events during this period, deeply influenced by the policies of the Ba‘ath regime, which was engaged in an eight-year war with Iran. These policies reflected negatively on the economic, social, and political conditions of the country. The withdrawal of the Iraqi army from Kuwait led to widespread public anger, resulting in uprisings against the regime—particularly in the city of Najaf and other Iraqi cities In Najaf, the people managed to stage an uprising against the government, but it was suppressed with great force and violence. Various methods of killing and destruction were used, leaving thousands of victims and turning the city into ruins. After the regime reasserted its control, the Ba‘ath Party imposed a new phase of repression, characterized by strict security surveillance, assassinations, and the persecution of religious figures and opponents.

There is no doubt that the family entity, building it on the right foundations, and preserving its existence is a sacred and extremely important matter that everyone strives to achieve and work to establish. Through legal legislation and texts that would achieve this goal, Through the legal provisions contained in the Personal Status Law, we find that this entity is based on foundations and factors of strength that are fundamentally based on the provisions of Islamic Sharia starting with the engagement, passing through the contract and what it includes in terms of dowry and other rights, maintenance and how it is spent, who is responsible for it and to whom it is due, and other legislation that guarantees the preservation of this sacred entity.
This study sheds light on the subject of amendments to Personal Status Law No. 188 of 1959 and its amendments. She objectively discussed the impact of these amendments, which were voted on by the Iraqi Parliament in 2025, on the family structure, its stability and unity. a group of questions came to answer them, Is it permissible to lift the penalty on those who conclude a marriage contract outside the court, whether for the first or second time, or to allow polygamy without seeking the woman’s consent, or to change the age of custody for the mother to reduce it, or to allow the cleric to conclude a marriage contract outside the courtrooms, Are there sufficient justifications for the loss of the Iraqi family, the tearing apart of its unity and the destruction of its entity, or are they, according to those calling for amendment and those who support them, issues based on established religious texts and have no relation to the unity of the family, its tearing apart and the destruction of its entity?, And the Iraqi legislator, when he wrote the texts of this law in 1959, violated the Sharia texts and exerted himself in his legal legislation within the scope of the possibility of disposing of permissible things, whether broadly or narrowly. Then, come up with a conclusion that includes a set of results and suggestions that serve the purpose of writing this research.

Children are one of the most important groups on whom hope is pinned for building society's future. Despite their importance, they are also one of the weakest and most sensitive links in society. Therefore, they have become the focus of international and national legislation, particularly when it comes to the child's right to life, which represents the foundation from which the right to prevention and health care stems. This right is one of the most important rights that must be recognized for children, as it relates to their healthy and living existence.
The importance of this right increases when the child is ill, especially if this disease is one of the common metabolism diseases that some newborn children are exposed to, which are often genetically diseases, occurring when the child's body cannot deal with nutrients such as fats, proteins, or sugars properly, which may exacerbate to reach the degree of destruction of the digestive system, the brain damage, and even death, but the early detection of it, Providing ways to treat them may contribute to protecting children from their dangers and saving their lives.
It is well known that international legislation, represented by international agreements, declarations, global covenants, and current Iraqi legislation, has been keen to establish certain rights and provide a type of legal protection for children in general. However, the question arises as to whether this protection has been provided for children with metabolic diseases? We will attempt to answer this question throughout the pages of this research, which consists of an introduction, two sections, and a conclusion. In the introduction, we provided an introductory introduction to the research topic, and clarified its problem, scope, methodology, objectives, and plan. We devoted the first section to explaining the concept of metabolic diseases, and we devoted the second section to clarifying the adequacy of legal protection available to children with metabolic diseases. We concluded it with a conclusion in which we summarized the most important findings and proposals we reached through this research.

This research addresses the issue of criminal protection of the family from moral crimes, highlighting legislative shortcomings in Iraqi law and emphasizing the need to update legal texts to ensure effective protection of family ties. The research relies on a comparative legal analysis of the Moroccan experience as a successful reform model. It presents the practical challenges and procedural gaps facing victims within the family, and concludes with a set of conclusions and proposals that contribute to developing the Iraqi legal framework towards more effective and equitable legislation to combat family moral crimes.

The application of the principle of the personal nature of punishment in the administrative field is not merely a theoretical notion; rather, it constitutes a practical reflection of a set of fundamental procedural safeguards imposed by law and reinforced by judicial practice. These safeguards represent the true guarantee that a disciplinary sanction is imposed solely on the employee who is personally responsible for the violation, thereby strengthening the legitimacy of disciplinary decisions and affirming the principle of procedural justice.
The significance of this research emerges on both the scientific and practical levels, as it seeks to fill a gap in studies addressing the extent to which the principle of the personal nature of punishment—originally developed within the framework of criminal law—can be rooted and effectively applied in the domain of administrative disciplinary law. The study raises a central question regarding the ability of this principle to take firm hold within administrative law, despite the inherent differences between the two legal systems in terms of nature, objectives, and purposes.
The research adopts the analytical method to examine the relevant legal texts and legislative intent, and the descriptive method to review practical applications and judicial precedents concerning this principle. Accordingly, the study is divided into two complementary sections:
The first section explores the concept of the personal nature of disciplinary sanction, its roots, dimensions, and relationship with the principles of legality and individual accountability.
The second section addresses the legality of disciplinary sanction, by examining the extent to which it is subject to constitutional and legal constraints and highlighting the safeguards that protect public employees against the abuse of disciplinary power.
The study concludes that the principle of the personal nature of disciplinary sanction constitutes a fundamental pillar of the rule of law and serves as a vital safeguard against arbitrary administrative decisions. It also reveals existing gaps in legislative and procedural frameworks, underscoring the urgent need for clearer and more coherent legal reforms.
Based on these findings, the research puts forward several recommendations, the most important of which is the call for legislators to unify and clarify the procedural requirements for challenging disciplinary decisions, ensuring their consistency with both criminal and administrative justice principles. Furthermore, the study stresses the need to simplify procedural complexities that may deprive individuals of their right to judicial review, thereby safeguarding the principle of legality and protecting fundamental rights and freedoms

This study explores the role of Artificial Intelligence (AI) in enhancing criminal investigations, with a particular focus on cybercrime, through a comparative analysis of Iraq and the United Arab Emirates. The first section examines the concept of AI, its evolution, objectives, and its significance in crime detection. The second section discusses the institutional and technical requirements for integrating AI into criminal investigations and highlights its practical applications, such as big data analysis, behavioral pattern recognition, and crime prediction. The study also addresses the benefits and risks of relying on AI in the criminal justice process, especially the legal and ethical challenges. It concludes by emphasizing the need for comprehensive legislation to regulate AI use in criminal investigations to ensure justice and protect individual rights.

Corruption is a very dangerous phenomenon that leads to the collapse of states and societies, increases poverty and inequality. It is a disease that gnaws at state institutions, tears them apart, widens the gap between the citizen and the government, threatens political and social stability, and weakens social peace. To address this problem, we must provide mechanisms to combat corruption based on the application of the law, the promotion of transparency and international cooperation at the global level, and educating society and raising its awareness of the dangers of corruption.

Peaceful coexistence existed among Iraq\'s social components in general, and Nineveh Governorate in particular, before the 2003 occupation. However, after 2003, this coexistence began to weaken.
When ISIS entered Mosul in June 2014, the group attempted to destabilize peaceful coexistence within the city. It displaced Christians and Shabaks, took Yazidi women captive, executed many of the city\'s residents, and imprisoned others. It also sought to spread hatred and resentment among its communities, instead of promoting and strengthening the culture of coexistence and love that existed between them. However, coexistence gradually began to return to the governorate after the elimination of ISIS and the liberation of Nineveh Governorate from its grip. However, at the same time, coexistence still faces challenges and requires certain necessary solutions to achieve its proper implementation. This study sheds light on this issue by employing Michael Lund\'s conflict analysis, which provides a framework for understanding the structural, behavioral, and contextual factors that fuel conflict and those that contribute to its de-escalation and resolution. This model focuses on analyzing the dynamics of social conflict from escalation to settlement.

Since the failed coup attempt on July 15, 2016, the Republic of Turkey has undergone a profound transformation in its security and military structure. This transformation reached its peak after the 2018 elections, which marked the full transition to a presidential system under the leadership of President Recep Tayyip Erdoğan. Turkey redefined its military doctrine to align with both regional and domestic developments, focusing on self-reliance in defense manufacturing, expanding the scope of pre-emptive operations beyond its borders, and modernizing its concept of regional deterrence. After 2018, the Turkish military doctrine has been based on two main pillars:
First, the determinants of the Turkish military doctrine and the enhancement of autonomous operational capabilities through the development of domestic defense industries.
Second, the Turkish defense and security priorities, which involve adopting the principle of cross-border operations as a tool to combat threats in its geopolitical environment—particularly in northern Syria and Iraq. This shift reflects the transformation of the Turkish army from a traditional defensive force into one with a flexible and dynamic offensive dimension. It also includes restructuring the command and control system within the Turkish Armed Forces to ensure the full loyalty of the military institution to the elected civilian authority, thereby limiting the risk of political interference by the military establishment.