Journal of Kufa legal and political science

This research examines the black market from a criminal perspective as one of the illicit economic phenomena that contribute to the financing and support of organized crime. It sheds light on the concept of the black market and its characteristics, including secrecy, the violation of laws, and its connection to corruption. It also highlights its close relationship with transnational criminal networks. The research also addresses the most prominent criminal areas in which it operates, such as drug trafficking, human trafficking, the smuggling of antiquities and weapons, and money laundering. The international position is reviewed through the agreements and measures launched by international organizations, as well as the position of the Iraqi legislator through the legislation and measures taken to combat this phenomenon. The research concludes that the black market poses a security and economic challenge that requires concerted national and international efforts to mitigate its effects.

The principle of legal certainty is a fundamental pillar upon which the modern rule of law is built, given its essential role in establishing trust in the legal system and ensuring the stability of legal transactions and relationships. Legal certainty refers to providing a reasonable degree of stability and clarity in legal rules, allowing individuals to anticipate the legal consequences of their actions without fear of sudden changes or the arbitrary use of power. This research aims to analyze the concept of legal certainty and its essential components, while also identifying the most prominent mechanisms for its practical implementation. Furthermore, it highlights the most significant obstacles hindering its realization, whether legislative, judicial, or institutional. The study employs a descriptive-analytical approach, examining relevant legal texts, judicial precedents, and scholarly opinions to arrive at scholarly conclusions that contribute to strengthening legal certainty and achieving legislative and judicial stability.

Although the term “Human Agent” is formally recognized within European legal frameworks, it is frequently employed in legal doctrine to denote the natural or legal person who assumes liability for the conduct of artificial intelligence (AI) systems. This legal construct arises from the inherent incapacity of such systems to be held directly accountable, as they lack legal personality and, consequently, cannot be subject to autonomous legal responsibility.

The primary purpose of the law is to protect and stabilize rights. This is also the case with Islamic law, which also attaches great importance to rights due to their importance in the life of society. This right is fundamentally based on the element of stability and permanence, which in turn leads to the stability of transactions and the achievement of legal security. This is the basic principle. However, there are cases in which the right is uncertain in terms of stability and constancy, as it is not permanently fixed but remains dependent on future events that are not certain to occur. This is what is called "an uncertain right," which has sparked a jurisprudential dispute over determining its legal nature and the consequences thereof.

The right to privacy is one of the most fundamental rights inherent to human beings. Although the term "privacy" may seem relatively recent, having gained widespread use in the social and legal sciences, the essence of this right has deep roots dating back to the beginning of human history. The right to privacy refers to complete secrecy and all the meanings it entails, which can be expressed in various terms such as isolation, seclusion, introversion, or non-interference from others. This right is a relative concept; what is considered private at one time may not be so at another, and what is private in one place may not be in another, and vice versa.

This research examines the complex issue of inheritance rights of the child born from adultery (walad al-zina) and the child born from li‘an (mutual imprecation) within the Ja\'fari (Imami) school of Islamic jurisprudence. The study outlines the doctrinal consensus that such children do not inherit from their biological fathers or their paternal relatives, nor do those relatives inherit from them. However, inheritance through the mother remains valid. The Imami view distinguishes between children born from mutual or one-sided adultery, from legal or doubtful unions, and explores the legal effects of each on lineage and inheritance. For a child born from li‘an, inheritance is confirmed from the mother\'s side only. The paper concludes by supporting the dominant view in Imami jurisprudence, providing textual evidence and practical inheritance scenarios.

It is one of the contracts concluded by the administration, and practical reality has played an effective role in the administration's prevalence of concluding this type of contract at the present time due to its need for the services of the daily wage worker in temporary or emergency work, due to the lack of available job positions. Or for the purpose of bypassing appointment procedures or for the purpose of absorbing the unemployed workforce in society. The effect of this contract is that it places the contractor in an organizational position with the administration. As for the field of activity of private law persons, this contract has not emerged in practical reality because it is of the same nature as the employment contract, which is human effort. Moreover, the legislator in the current labor law has established legal rules that are sufficient to protect the worker in the employment contract

Cybercrimes are considered an emergent form of criminal activity that has evolved within the realm of information technology, They are characterized by the exploitation of internet networks to perpetrate illicit acts, These crimes target the information systems of both public and private institutions with the intent to disrupt or destroy their data,Such crimes are carried out using methods that leave no tangible physical evidence, relying instead on digital data, which makes their detection highly complex In response to these challenges, the international community has undertaken a series of legislative efforts, These endeavors have resulted in the conclusion of international conventions aimed at standardizing legal rules for combating cross-border cybercrime In this context, the research sheds light on Iraq's international commitments through an analytical study of the extent to which Iraq's national legislation aligns with the standards of the United Nations Convention on Combating Cybercrime of 2024.

Since its independence in 1957, Malaysia has adopted a balanced mix of policies and mechanisms to manage its complex social fabric, comprised of diverse ethnicities, religions, and languages. These policies are primarily based on a set of comprehensive plans covering all political, economic, and cultural aspects. These efforts gained significant importance, particularly after the ethnic violence of 1969 between native Malays and immigrant Chinese communities. These conflicts resulted in numerous casualties and growing anxiety among Malays about their future in light of increasing Chinese dominance and economic influence. The Malaysian system's management of ethnic diversity has been successful, accommodating religious and ethnic differences, forging a national identity that unites the various Malaysian ethnicities, achieving political stability, and attaining a certain level of economic development. This success is attributed to the strong leadership skills of Malaysian leaders.

The United States of America is considered one of the oldest liberal democracies in the world. However, this historical model has witnessed a decline from the level of a full democracy to that of a flawed democracy. This regression has impacted not only the United States itself but also democratic and non-democratic countries around the world. The decline resulted from several political factors, including the executive branch's breach of the checks and balances system, and the increasing political polarization between the two main parties the Republican and Democratic parties. Additionally, the rise of populism in the executive branch after 2016 and its influential rhetoric on the public contributed to this decline Economic and social factors also played a role, including inequality, poverty, political money, and discrimination based on race, religion, or against immigrant minorities. External factors, such as interference in general elections, also contributed to democratic backsliding. All these causes weakened citizens’ trust in democratic public institutions and reduced voters' confidence in the electoral process. The rejection of the 2020 presidential election results further intensified this issue, leading to the emergence of political violence a decisive factor in the democratic decline and a direct blow to American democracy

This research addresses the topic of “The Crime of Airport Assault”, as one of the highly significant issues due to the strategic and vital role that airports play. Airports are directly linked to national security, sovereignty, and air transportation. They represent one of the most essential infrastructures for global transportation, with increasing reliance on them day after day as air traffic, trade, and cultural exchange continue to grow. Airports serve as a fundamental point of departure for international connectivity. Unlawful acts committed against airports have become increasingly diverse and include sabotage, destruction, bombing, the use of explosives, and other acts that constitute an assault. Several factors have contributed to the spread of these crimes, such as political instability, weak security apparatus, and motives that may be terrorist, political, economic, or social in nature. The Iraqi legislator has regulated this crime under Chapter Seven: Crimes Involving Public Danger, specifically in Section Three: Offenses Against the Safety of Means of Transportation and Public Communications, as set forth in Article 355 of the Iraqi Penal Code. This research focuses on analyzing the elements of the crime of airport assault, defining its scope, and examining the applicability of current criminal provisions to such acts. It also discusses the key issues surrounding the adequacy of Article 355 in encompassing all forms of this crime, especially considering the evolution of criminal methods and the possibility of the crime occurring through non-intentional (negligent) conduct. The study is divided into two main sections: the first discusses the nature of the crime, while the second outlines the substantive legal rules governing it. The research concludes with several findings, most notably that Article 355 may not comprehensively address all forms of assault, whether committed intentionally or unintentionally, thus highlighting the need for legislative revision to ensure stronger legal protection for airports, along with the necessity of raising awareness among security and judicial authorities regarding the seriousness and specificity of this crime.

Decisions and rulings issued by the constitutional judiciary enjoy a kind of authenticity, different from those decided by the ordinary judiciary, due to their importance and specificity, as constitutions usually give constitutional judicial decisions absolute authenticity, meaning that they are absolutely not subject to appeal by any of the ordinary or extraordinary methods of appeal. The decisions issued by the constitutional judiciary are binding on all, whether for the authorities or individuals, and although it is established in jurisprudence and jurisprudence that the basis for the authenticity of rulings is the operative part of the ruling, it is possible that the reasons on which the constitutional judiciary builds the result of its ruling have absolute authority, which is reflected It is the operative part of the constitutional judicial ruling.

The problem of treating medical waste is one of the most complex problems facing countries (especially third world countries) in the modern era due to the major health, environmental and economic problems it causes and the deterioration of their resources that exceed the economic capacity of those countries, which did not exist to this extent before the great industrial and technological revolution, especially after World War II and the great progress in various fields in general and medical in particular due to the introduction of many chemical and radioactive materials in the diagnosis and treatment of many diseases, especially cancer and others, and the manufacture of medicines, vaccines and sterilization materials that produce large quantities of hazardous waste that cause damage to the environment and its elements of water, air and soil, in addition to animal and plant organisms and an imbalance in the environmental balance that entails legal effects on the party that caused this imbalance. International responsibility for this unlawful act carried out by a person of international law includes two basic pillars for its formation, which is the basis of international responsibility or what is called the pillar of international responsibility, while the second is the objective pillar. In order for international responsibility to be established for this violation, the elements of error and damage must be present. Error in international responsibility has two elements: the material element and the moral element. As for the condition for the occurrence of damage, there must be material damage or moral damage in addition to the presence of a causal relationship, which is a decisive element for the establishment of civil liability, which imposes obligations on the injured party in favor of the injured party, despite the difficulty of proving the causal link.

This research aims to study the crime of failure to provide assistance in light of the provisions contained in the Iraqi Criminal Code, by clarifying its nature and the reason for its criminalization, analyzing its elements and forms, and evaluating the adequacy of Iraqi legislation in addressing this negative behavior. The research also seeks to highlight the human and social dimension of this crime and present proposals for developing criminal policy to achieve effective protection of the right to life and physical integrity. The research relied on the descriptive analytical approach by studying and analyzing relevant legal texts to uncover their content and objectives. The research reached several conclusions, most notably: The crime of failure to provide assistance represents a convergence between legal and humanitarian duties, and that the Iraqi legislator has addressed it through specific texts. However, it still suffers from some shortcomings in clarity and detail. The research also demonstrated that the material element requires a real state of danger and the ability to intervene, while the moral element is based on conscious criminal intent. It was found that the forms of the crime addressed by the legislator reflect multiple positions aimed at ensuring the effective protection of lives, and that this crime carries a preventive and educational dimension that enhances social solidarity. The study recommended redrafting Iraqi texts pertaining to this crime to be more clear and specific, including precise exceptions that take into account practical situations, and enhancing societal and legal awareness of the importance of relief. It also recommended leveraging comparative experiences to develop Iraqi legislation and incorporating the values of solidarity and relief into educational and training curricula.

According to the Civil Procedure Code, a litigant is obligated to contribute to revealing the truth. This obligation requires them to play an active role in the civil case. They may not remain silent in certain procedural situations; otherwise, this is considered unlawful conduct punishable by law. This is because it obstructs the discovery of the truth and prolongs litigation. Silence also includes failing to exercise the right to arbitration, or failing to raise a procedural defect in a timely manner, even if aware of its existence, and only raising it after certain of losing the case in court. Furthermore, a party may not use silence as a pretext to withhold crucial evidence in a case, or to contest the authenticity of documents submitted in the case in the hope of excluding them as evidence. Accordingly, the law has established serious consequences for silence at any stage of the proceedings, up to and including the issuance of a judgment. These consequences warrant careful consideration and thorough analysis in order to find appropriate solutions.

The effects of legislative, economic and social developments on the reality of liability have prompted the judiciary and special legislation to focus on compensating the injured party according to the principle of full compensation without focusing on the conduct of the person responsible and attempting to address it. This focus has produced liability based on harm, and thus the normative role of liability in controlling conduct and achieving prevention and deterrence has declined. This prompted modern French jurisprudence to call for reforming the civil liability system to ensure the strengthening of its normative function in a way that achieves the functional integration of civil liability. These calls culminated in the French Ministry of Justice submitting a draft law to reform civil liability on March 13, 2017. One of its most important objectives is to strengthen the normative function of civil liability, by creating mechanisms that strengthen this function, represented by the provision of the civil fine as a legal system adopted by the French legislator from American law, which is similar to punitive compensation as a penalty for malicious misconduct. This constitutes an important step in addressing the legislative gap in the absence of punishment for profitable misconduct, especially in cases where a compensation award alone would be unsatisfactory to the injured party given the profits made by the perpetrator of the profitable misconduct.

Through this intellectual journey through time, this research hopes to shed light on the ancient and fundamental nature of the Islamic concept of justice and contribute to enriching the dialogue on ways to renew Islamic judicial jurisprudence and enhance guarantees of the right to redress, as it is a fundamental human right and the foundation for building a just and peaceful society. This research will proceed from the premise that Islamic law has established an advanced and comprehensive concept of the right to judicial redress, based on the principles of justice, equality, and the elimination of injustice. This concept has evolved organically over the ages to represent a solid foundation for contemporary judicial systems, with the need to continue developing it to keep pace with emerging challenges. The research will adopt a historical and analytical methodology, tracing the chronological development of the concept of redress, employing a comparative approach to highlight the similarities and differences be

This research aims to examine electoral integrity and oversight of political financial resources in Iraq and Egypt through an analytical and comparative approach. It seeks to demonstrate the extent to which the constitutional and legal frameworks in both countries are able to ensure the transparency of the electoral process and protect it from the influence of illicit political money. The research relied on a comparative approach as the primary tool to uncover the differences and similarities between Iraqi and Egyptian legislation, employing a descriptive-analytical approach to describe, analyze, and interpret relevant legal texts. The research reached several conclusions, most notably: While both countries recognize the principle of electoral integrity as a constitutional guarantee, Egypt demonstrated greater stability in its legal system through the National Elections Commission, while Iraq suffers from repeated legislative amendments and a weak independence of its electoral commission. The study also revealed that Egypt imposes financial ceilings on electoral campaigns and requires candidates to submit public financial reports, while Iraq lacks similarly strict mechanisms, which opens the door to illicit political money and impacts the fairness of the electoral process. Based on these findings, the study concluded with a set of recommendations, most notably: the need to strengthen the independence of electoral bodies in both countries, establish unified ceilings for electoral spending, require candidates to publicly disclose their sources of funding, implement deterrent sanctions against the use of political money, and publicly publish candidates' financial reports to enhance transparency.

If a joint and several obligation requires multiple bonds while the subject and source of the obligation remain unified, then the source of the obligation may be multiple while the subject remains unified. In this case, the obligation is joint and not joint. Therefore, the establishment of a joint obligation is only achieved with a unified subject and multiple bonds, as well as multiple sources of the obligation, whether heterogeneous sources of obligation are combined or a single source of obligation is repeated. The Iraqi legislator has not adopted joint and several obligations as a general principle, but the legal code contains numerous legislative applications of the concept of joint and several obligations.

If a joint and several obligation requires multiple bonds while the subject and source of the obligation remain unified, then the source of the obligation may be multiple while the subject remains unified. In this case, the obligation is joint and not joint. Therefore, the establishment of a joint obligation is only achieved with a unified subject and multiple bonds, as well as multiple sources of the obligation, whether heterogeneous sources of obligation are combined or a single source of obligation is repeated. The Iraqi legislator has not adopted joint and several obligations as a general principle, but the legal code contains numerous legislative applications of the concept of joint and several obligations.

The problem of security in the collective security system is no longer the only concern of countries. It has now become the concern of all countries, as if their security is the one threatened by the scourges of wars that the peoples of the world have witnessed. The policy of balance of power quickly failed to maintain peace and security with the outbreak of World War I (1914), which brought many scourges to humanity. It was necessary to organize international relations in a way that would guarantee at least some kind of security. This necessitated addressing the problem of power with some kind of collective security. The international conference system has the merit of paving the way for the establishment of a collective security system in the twentieth century. This was approved by the League of Nations after the end of World War I in 1919. However, it failed to achieve international peace and security with the outbreak of World War II in 1939, which ended with the approval of the United Nations Charter at the San Francisco Conference in 1945. Through the experts' keenness to formulate the articles related to collective security in an infinite manner, overcoming the shortcomings that were in the era of the League of Nations, the United Nations Charter came from a legal standpoint more adequate for the collective security system in the era of the League. In its legal context, international legislators have assigned the responsibility of overseeing the collective security system to the Security Council primarily, so that the Council has become an executive authority for the United Nations in the field of maintaining international peace and security. In this research, we will shed light on the international mechanisms for collective security.

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