TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract Conflict of interest as one of the main causes of administrative corruption. It occurs when a public official\'s private interests override their legal duties and negatively affect the integrity of decision-making. This study seeks to answer the question of how legal frameworks for preventing the crime of conflict of interest are defined in Iraqi and Algerian criminal law, and what are their shortcomings? To answer this question, the researcher collected the texts of the constitution, anti-corruption laws, and administrative regulations in both countries, and evaluated them using a content analysis approach. Subsequently, the main articles were compared on three levels of prevention: constitutional, administrative, and criminal. The results indicate the following: 1-The Iraqi legislator, in the Integrity and Illicit Gains Commission Law No. 30 of 2011 as amended, provides a relatively limited definition of conflict of interest, whereas there is no explicit legal definition for this concept in the Algerian legal system. As a result, the limited scope of the definition in Iraq and its complete absence in Algeria leads to ambiguity and difficulty in interpreting and applying regulations. 2- The Algerian legislator, in the Prevention and Combating of Corruption Law No. 06_01 of 2006, relies on the transparency of economic procedures by criminalizing conflict of interest (Article 34) and requiring asset disclosure (Article 36). 3- There are common gaps in both countries, such as the lack of objective standards for defining conflict of interest, weak research capabilities, and the absence of an independent oversight body.
The research summary emphasizes the need to formulate a precise legal definition in Algerian law, in addition to expanding the scope of persons covered, strengthening institutional coordination, and establishing uniform penalties in both countries, which could significantly improve the effectiveness of the criminal policy for combating corruption and public trust.
© 2023 TUJR, College of Law, Tikrit University

Pursuant to Article (58) of the Rome Statute of the International Criminal Court, arrest warrants were issued by the ICC against Benjamin Netanyahu and Yoav Gallant, placing them among the category of “internationally wanted persons.” Any State Party receiving a request for cooperation is, in principle, under a legal obligation to arrest and surrender them—subject to the ongoing legal controversy surrounding the issue of immunities and the political will of each state.
These arrest warrants also heighten the legal risks associated with the transfer of arms to Israel and complicate the travel of its leaders and diplomats. This matter touches upon one of the most contentious issues in contemporary international criminal law, where international politics collide sharply with international law, exposing the practical challenges of implementing the principles of international criminal justice against a “State” that is not a party to the Rome Statute.
Accordingly, in this study I will seek to present a detailed legal analysis supported by the relevant legal frameworks and diverse scholarly perspectives.

Abstract: permissible to have more than one guardian if the minor's needs are multiple or if different aspects of their life (financial and personal) vary. If there are multiple guardians, they must be ranked. Jurists agree on the father's priority in guardianship, but they differ on the order of guardians after his absence. This difference is reflected in the legal legislations of Islamic countries, which have adopted various jurisprudential interpretations while considering social developments. Regarding the issue of multiple guardians, Islamic jurisprudence permits appointing more than one guardian but differs on the extent of each guardian's independence in decision-making. Comparative laws and Iraqi law tend to prohibit individual actions by joint guardians except in cases of necessity, granting the judge the authority to resolve disputes among them. In light of this, it is necessary to reformulate the Iraqi legislator's texts to clarify the precise order of guardians, prevent multiple guardians except when necessary, and establish legal mechanisms defining their competencies to avoid conflicts that may affect the minor's interest.

Abstract: The atmospheric environment and clean air are an important focus for humans because they need oxygen atoms in their breathing for the purpose of continuing life through inhalation and excretion of carbon dioxide through exhalation. Attacking them constitutes a threat to the country’s internal security. It is a crime that harms the environment of Iraq, and despite this, terrorist groups practiced various criminal acts that targeted Iraqis directly by killing or terrorizing them, and they also targeted them indirectly by attacking the air environment in Iraq by polluting its air, and this last image is no less dangerous than direct terrorist crimes. Therefore, it is necessary to research it.

Abstract: The right to be nominated for membership in the House of Representatives is considered one of the most basic pillars for exercising political rights in Iraq. It is an embodiment of the principle of popular participation in managing state affairs and political decision-making, as well as an embodiment of the principles of equality and peaceful transfer of power. Therefore, the Iraqi legislator attached great importance to this right by regulating it in electoral laws, as it specifies the substantive conditions that must be met by candidates in addition to the procedural conditions that indicate the practical mechanisms for submitting and considering candidacy applications and the method of objecting to them.
The constitutional legislator has transferred the organization of nomination for membership in the House of Representatives to the ordinary legislator and the laws. Therefore, we find that while we are following the conditions and procedures for nomination for membership in the House of Representatives, the legal legislator has issued many successive electoral laws that regulate parliamentary elections in general, and which set detailed conditions, procedures and controls that must be met by candidates, including the repealed “House of Representatives Elections Law No. (16) of 2005, and then Elections Law No. (26) of the year (2009), which was repealed, through Election Law No. (9) of (2020), which was repealed.
Reaching Law No. (4) of 2023, the Third Amendment Law to the Law on Elections for the House of Representatives, Governorate Councils, and Districts No. (12) of (2018) in force, which brought about a qualitative shift in the conditions for candidacy for membership in this Council and its example related to the individual candidate, and its procedures. This law is not devoid of ambiguity and deficiency within its texts, which requires examining it with research and analysis, especially since it will be applied for the first time in elections. House of Representatives for the current year (2025).
© 2023 TUJR, College of Law, Tikrit University

This research explores "The Evidentiary Value of Testimony – A Comparative Study" and the factors that influence the weight given to testimony as evidence in both civil and criminal cases. It analyzes the legal and Sharia-based foundations that confer credibility upon testimony and assesses its effectiveness in comparison with other evidentiary tools.
In the first chapter, the study discusses the theoretical framework of testimony, including its definition, conditions, types, and admissibility before courts. The second chapter focuses on comparative judicial applications, highlighting the differences between various legal systems’ positions on testimony, while also shedding light on Islamic jurisprudence and its points of convergence or divergence with statutory laws.
The study suggests that while testimony continues to play a vital role in evidentiary proceedings, it requires more precise regulation—especially in light of the development of modern evidentiary methods. This calls for legislators to reconsider how testimony is governed, to better assess its probative value, and to clearly define the circumstances under which it can be relied upon as sole or supporting evidence.

Abstract: The openness and technological advancements the world is witnessing have facilitated communication between people across the globe via the internet, particularly through social media platforms. This communication is a double-edged sword. It can be beneficial to society when legitimate and useful electronic content is shared, such as scientific, educational, religious, legal, economic, and social content published online, which can be utilized in various aspects of life. However, it can also be harmful when electronic content is published that is detrimental to society, either because it violates ethical principles, public morals, or public decency. Hence, the need arises to explore ways to address, within the framework of general law and specifically civil law, content that falls outside the bounds of freedom of expression. The legislator has restricted the exercise of this freedom to ensure it does not harm public morals and decency; otherwise, it moves from the realm of permissibility to the realm of liability. From this perspective, legislation, jurisprudence, and the judiciary have focused on establishing civil liability for the publisher of such content and anyone involved in its dissemination online. This is achieved by outlining the specific conditions and provisions of liability for each party, which this research aims to highlight in order to propose the most appropriate legal rulings. The Iraqi legislator, when regulating civil liability for publishing degrading content, established special legal rules that correspond to the specific nature of that content and the damages arising from it

Abstract: Environmental governance in Iraq refers to decision-making processes concerning the management of the environment and natural resources, focusing on principles such as inclusiveness, accountability, and efficiency. Both governments and non-governmental entities, such as environmental groups and civil society, play significant roles in influencing environmental policy decisions. Global environmental governance has evolved to activate national policies to address environmental impacts caused by economic development, ensuring environmental sustainability. The research also discusses the challenges of the environment in Iraq due to climate change and aims to explore the current state of environmental governance while providing suggestions for improving environmental conditions.

Abstract: This research addresses the impact of artificial intelligence on commercial contract management, illustrating how modern technologies contribute to improved performance and increased efficiency. The study reviews the legal challenges associated with the use of artificial intelligence, including liability issues and data protection. It also discusses the opportunities available to enhance contract management effectiveness through automation and intelligent analysis. The research adopts a comparative legal analysis methodology that combines academic opinions with practical practices. Through this framework, the study aims to provide comprehensive insights into how to achieve a balance between legal innovation and the challenges that may arise as a result.

Abstract: Partnership contracts are vital tools that reflect the evolution of relations between the public and private sectors, embodying fruitful cooperation between them in addressing contemporary economic and social challenges. It is noteworthy that these contracts emerged in response to the growing need to enhance the efficiency of public service delivery and achieve sustainable development in a world witnessing an increasing complexity of development problems. Therefore, it has become necessary to utilize available resources in innovative and effective ways, as partnership contracts combine the innovation and flexibility of the private sector with the commitment to the public interest that distinguishes the public sector, providing a legal and regulatory framework that enhances cooperation between them, despite complex economic conditions. These contracts are also a strategic tool that contributes to advancing sustainable development and providing effective solutions to the challenges facing contemporary societies. Despite the negatives of partnership contracts, they contain a significant amount of positives that make them a real and effective requirement for achieving development at all levels

Abstract: Man strives to maintain his or her best health, and if symptoms of illness arise, he or she is keen to eliminate them. Despite the availability of modern treatment methods, people often resort to traditional methods, or what is known as "alternative medicine," which represents a group of therapeutic approaches distinct from the medical treatments prevalent in modern medicine. These methods are derived from the folk remedies of ancient civilizations. When resorting to this type of medicine, a relationship must develop between the parties involved. This relationship is called an "alternative medicine treatment contract," which is the primary legal instrument regulating the relationship between the treatment recipient and the service provider (the therapist). Like all contracts, its conclusion requires the elements of validity, namely the consent of both parties, the subject of the contract, and the reason that motivates the contract. This alternative medicine treatment contract has a number of characteristics, including being an unnamed, mutually agreeable, and binding contract between both parties. This contract is also a mixed contract. Since alternative medicine deals with the human body, it is inherently dangerous, which necessitates imposing certain obligations on those who practice this activity, such as the obligation to diagnose, provide insight, and maintain safety. This is in addition to the obligations imposed on the recipient of treatment. This ultimately results in civil liability for those who breach these obligations. Despite the fact that the relationship between the parties to this contract is contractual, a jurisprudential dispute has emerged over whether liability arising from an alternative medicine treatment contract should be considered contractual or tortious. This contract, like all other contracts, has an end, just as it ends. It ends either by traditional rules of expiry or dissolution, or according to its own rules, which are the end of the agreed-upon treatment sessions or the cancellation of the license.

Aggravation of damage refers to the worsening of harm suffered by the victim due to the continuation of the harmful act or failure to mitigate its consequences. This concept plays a vital role in determining legal liability—whether civil، administrative، or even criminal in certain circumstances. If it can be proven that the damage was aggravated due to the responsible party’s

Abstract: Evidentiary evidence and rules are of great importance in all branches of law, as they are a means of establishing evidence and forming conviction in the judge; and that the judge's authority in assessing evidence is of great importance in the theory of proof, and despite the importance that this authority occupies in the judiciary, it has not been studied in a serious scientific way, it is exposed to it in an integrated manner, and that is why it was the subject of our research; as moral evidence is one of the evidence that proves the efficiency of the judiciary in achieving justice or not, it is one of the evidence that depends mainly on the workings of reason and conscience on critical thinking and mental deduction, other than physical and written evidence that is explicit and directly, they require their interpretation to infer This reflects a deep philosophical vision that sees the law not only as an arbitration tool in disputes, but as a system based on moral purposes facing the complexities of legal reality; the study includes two requirements : the first of which deals with the subjectivity of legal proof; and in the second requirement, we address the legal scope of a judge's competence to assess moral evidence

Abstract: Financial decentralization is considered a part or branch of decentralization, which means the distribution of powers. These powers are distributed between central and local bodies, due to their administrative and economic importance. This is what the Iraqi Constitution of 2005 brought about, which is the method of administrative and financial decentralization in different fields, because local needs differ radically from the needs that are required at the regional level or the state level in general. Among these fields is the local financial field, which has great importance in the success of financial decentralization.

International treaties have a close relationship with domestic legislation, according to the rules and regulations in force in that country. The role of the national legislator has begun to diminish as the legal instrument regulating domestic legal life, and international rules have started to enter the field of legal systems. Therefore, it has become necessary for the national judiciary to exercise oversight over the issue of treaty implementation, and this oversight may be either internal or external legality control. If we move towards acknowledging the national judiciary\'s practice of this oversight, the scope of this oversight should not extend to the political motives and reasons that led the competent authority to conclude the treaties it considered; rather, the oversight should be strictly legal.
The plan for our research (The Role of International Treaties in Developing National Legal Systems) consists of two sections. The first section addressed the application of international treaties in national courts, which was covered in three subsections. The first subsection dealt with treaty interpretation, then the competent authority in interpretation, followed by the methods and principles of treaty interpretation. The second section addressed the conditions for treaties, which I also divided into four subsections. The first subsection dealt with legislative amendment of treaties, the second with monitoring the constitutionality of treaties, the third with the principle of the supremacy of treaties, and finally the position of treaties before national courts. Then comes the conclusion, in which I discussed the findings and recommendations, and at the end, I listed the sources and references that were the greatest help and assistance in writing this research.

Abstract : The negative administrative decision constitutes one of the forms of administrative acts in which the administration does not expressly declare its intent in a written document but rather refrains from taking action. Such inaction has been deemed by both the legislator and administrative judiciary as an administrative decision subject to judicial review. The legislator has regulated this form of decision to ensure the protection of individuals’ rights.
This abstention by the administration is considered a violation of the law, as it fails to take a decision regarding a request submitted by individuals. When certain conditions are met, the administration’s silence amounts to a negative decision, which carries the same legal consequences as other administrative decisions.
The negative decision closely resembles another type known as the implicit (or implied) decision, yet the two are not identical. The distinction lies in their legal effects: a negative decision produces direct and continuous effects as long as the administration’s abstention persists, and therefore it is not subject to the limitation period for filing an annulment claim. Conversely, the implicit decision is temporary in nature and thus subject to the statutory time limits for appeal in annulment proceedings.

© 2023 TUJR, College of Law, Tikrit University

Abstract: This research aims to examine the issue of the judiciary's authority between discretion and empowerment. It analyzes the nature of judicial authority and the boundaries between discretionary and empowering powers, while clarifying the impact of each on achieving justice and ensuring the rule of law. The first section addresses the nature of judicial authority, defining judicial authority and explaining its constitutional and legal sources. It then clarifies the relationship between the principle of criminal legality and the limits of the authority granted to the judge. This section demonstrates that the judge derives his authority from the law and the constitution, and that the principle of legality represents the primary regulator of the exercise of these powers. The second section examines the discretionary power of the judge, clarifying its limits in assessing evidence and presumptions, assessing the penalty between the minimum and maximum limits, and assessing civil compensation. The second section also addresses the controls that regulate this authority, such as judicial oversight and constitutional principles, as well as the interpretations of jurisprudence and the judiciary that contribute to controlling the judge's freedom of discretion. It was demonstrated that discretionary power grants the judge broad flexibility, yet at the same time, it is bound by a number of principles that prevent arbitrariness. The third section addresses the judge's empowering power, which is exercised in accordance with mandatory legal texts that do not permit significant flexibility, such as the power to issue orders and procedures, apply mandatory penalties, and execute judgments. The restrictions that limit this power were also addressed, including mandatory legal texts, the defendant's guarantees and basic rights, and the principle of separation of powers, which ensures balance among state agencies.

Abstract: The litigation presupposes the existence of its parties and the eligibility of each party to carry out its procedures. If emergency circumstances occur that lead to the absence of one of the parties to the litigation, or his inability to carry out its procedures, then it is interrupted by force of law. Among the reasons that lead to the interruption of the course of the lawsuit are the death of one of the litigants or his loss of the capacity to litigate or the loss of the capacity of the one who was conducting the lawsuit and other reasons, unless the lawsuit has been prepared for judgment on its subject matter. There are certain effects that result from the interruption of the course of the lawsuit. The interruption makes it not valid for any procedural activity of any kind to be carried out in it by any person, and everything that is taken in it after the interruption is void. However, this does not mean its demise, as it remains, despite its stagnation, in existence and producing all its legal effects.

Abstract : This study examines the practical challenges faced by the civil judge in evaluating evidence in contemporary lawsuits, where proof is no longer confined to traditional testimony and written documents but has expanded to include technical presumptions and digital data, in a context characterized by complex facts, multiple parties, time pressure, and a high volume of cases. The importance and aims of the research lie in uncovering the nature of these challenges and their direct impact on the formation of the judge’s conviction and the protection of litigants’ rights, as well as clarifying the extent to which the existing legal and jurisprudential framework in Iraq and Iran can keep pace with these transformations, with a view to proposing legislative, institutional, and training-oriented reforms. The main question the study seeks to answer is what are the most significant practical challenges facing the civil judge in evaluating evidence in light of Iraqi and Iranian law and Imami jurisprudence. Methodologically, the research adopts a descriptive–analytical approach with a comparative dimension, by examining Imami jurisprudential texts in the chapters on the judiciary and proof, analyzing the provisions of the Iraqi Civil Procedure Code and the Iranian Civil Procedure Law and the rules governing traditional and modern forms of evidence, and drawing on selected judicial applications and contemporary legal studies. The study concludes that, first, the concept of evidence in this framework is broad and flexible, encompassing both traditional and digital forms whenever they generate reassurance in the judge’s mind and are of a lawful source, thereby granting the judge wide discretionary power that must be framed by clear procedural safeguards, and second, that the complexity of lawsuits, the congestion of evidence, and time pressure reveal a relative shortcoming in certain legislative and training frameworks, which calls for a thorough review to enhance the effectiveness of evidence evaluation.

Abstract: This study explores the principle of good faith as a fundamental legal standard that should govern the conduct of parties in the context of civil evidence. The research highlights the legislative gap in the Iraqi Evidence Law No. 107 of 1979, which does not explicitly address this principle, despite its essential role in guiding procedural fairness and preventing abuse of evidentiary rights. Adopting an analytical and comparative methodology, the study examines jurisprudence and doctrine in Iraq, Egypt, and France. It concludes that good faith has direct procedural effects, such as shifting the burden of proof, excluding evidence submitted in bad faith, and prioritizing one piece of evidence over another in case of conflict. The researcher recommends the inclusion of explicit provisions in Iraqi evidence law to institutionalize this principle as a tool for achieving procedural justice.

Abstract: Modern criminal law is facing significant philosophical challenges due to the rapid development artificial intelligence. Established notions like the criminal actor, intent, and liability are increasingly inadequate for dealing with offences involving self-learning Al systems. The traditional model, which links criminal acts to the conscious intent of a human, is being fundamentally questioned as digital entities gain the ability to make decision independently of human programming. As a result, criminal law theory must reconsider how responsibilities and attributions are assigned in this new context-doing so in a way that both reflects the complex nature of digital offenses and pre preserves the core values of legality and justice. This research explores the major philosophical dilemmas Al present to conventional criminal law and proposes a revised legal and conceptual approach that moves beyond a human-centered view, thereby laying the foundation for criminal theories capable of addressing the emerging digital reality.

Abstract: Although the principle of separation of powers has been established in many constitutions, this principle has not established a complete separation of powers. Legislators have created numerous safeguards that preserve the three branches of government and ensure their continued existence through constitutional legitimacy. Although the current ruling systems favor parliamentary systems as representatives of the popular will, this concept does not negate the authority of the head of state and the powers he enjoys, particularly within the legislative process, including his right to veto laws before they are issued and enforced in the legislative sphere. A presidential veto serves as a mechanism or constitutional guarantee preventing the passage of laws that do not serve the supreme national interest or violate constitutional principles.

Abstract: In light of the contemporary security challenges facing nations, this research addresses a crucial issue concerning the legal protection of state institutions against terrorist-related military crimes. The research adopts a methodological approach that combines foundational theoretical frameworks with practical applications, comprising two main, complementary sections. The first section examines and analyzes the conceptual essence of state institutions, beginning with a linguistic and terminological foundation of the term, and then tracing the historical development of the concept of institutions in political and legal thought. It also provides an in-depth analysis of modern classifications of state institutions according to contemporary constitutions, with a particular focus on the 2005 Iraqi Constitution. Furthermore, it analyzes the essential functions of these institutions and their complementary relationships, especially concerning the principle of separation of powers and their balance as formulated by modern constitutional thought. The second section reviews the detailed legal analysis of military crimes of a terrorist nature, through a careful study of the legal elements of these crimes and the penalties prescribed for them within the framework of the Iraqi Anti-Terrorism Law of 2005, with an extensive legal comparison with the Egyptian and Emirati experience in this field.

Abstract The topic of pluralism has become a subject of considerable debate and interest among researchers, particularly since the last decade of the 20th century, as it is seen as a tool for achieving integration and peaceful coexistence within society. The legislative institution plays a prominent role in this area through the legislation it enacts. This is where the importance of this research lies: the extent to which the legislative authority manages cultural pluralism. The central question revolves around the crucial issue of how to manage pluralistic societies, given that this is one of the major challenges facing both the state and multicultural societies. We arrived at several conclusions, including the strong relationship between the legislative institution and the social fabric of the state, resulting from the coexistence of diverse groups within its borders. We offered several recommendations, including the need for the legislative institution to address legitimate public demands, regardless of their partisan, national, religious, or sectarian affiliations, and to enact the necessary legislation to address them. Accordingly, we divided the research into an introduction and two main sections: the first section examines the concept of the legislative institution and cultural pluralism, while the second section addresses the role of the legislative institution in managing cultural pluralism.

Abstract The use of artificial intelligence (AI) in the field of trademarks has proven to represent a radical transformation in how trademarks are created, managed, and marketed. However, the increasing reliance on AI in this context has raised a number of fundamental legal and ethical challenges. Chief among these are the absence of clear legislative frameworks governing the ownership of AI-generated trademarks, the ambiguity surrounding legal liability in cases of infringement, and the heightened risks of automated imitation and unintended similarities between trademarks. Moreover, existing trademark laws—originally designed for a traditional world based on human creativity—fail to keep pace with the legal complexities introduced by AI tools. This legal gap may be exploited in ways that undermine the rights of trademark owners.

Abstract : In conclusion, the right of distribution is a fundamental financial right within the framework of literary and artistic property rights. It allows the author or rights holder to dispose of copies of the work, whether by selling, transferring, or offering them for circulation in any way. This right has been legally regulated at both the national and international levels due to its direct impact on the exploitation of works and the economic returns for creators. In this context, Iraqi law addressed the right of distribution within the framework of the Copyright Protection Law No. 3 of 1971, as amended. While it stipulated a set of financial rights for the author, it did not provide a detailed and precise regulation of the right of distribution in its modern sense. This has created a legislative gap in light of technological developments and the expansion of digital publishing methods.

Abstract : Today, we are witnessing a new era of scientific and technological advancement, particularly in the field of information and communication technology, which has revolutionized human development at both regional and global levels. The exchange of information and knowledge has become easier and more seamless, contributing to an unprecedented free flow of news and conversations across various communication channels. However, this technological development has been accompanied by numerous risks and challenges, especially given the weakness of regulatory controls, leading to the emergence of a new type of sophisticated crime known as "cybercrime." These crimes are characterized by innovative methods of commission and unconventional characteristics of their perpetrators, posing a direct and clear threat to security and stability at both the regional and global levels.

Abstract : Abstract: Crime prevention is one of the most important topics of modern criminal policy, as it deals comprehensively with criminalization, punishment and prevention in order to protect and develop society. Criminal law also seeks to protect the public order in society and its individuals from crimes and the damages that may be caused by individuals among themselves or to society in general. Criminal law also seeks to achieve crime prevention by taking precautionary and disciplinary measures by preventing individuals and individuals from committing criminal offenses by threatening penalties imposed on each crime specified in the law and according to the criminal act committed. Criminal prevention after committing criminal offenses by presenting offenders to specialists to be rehabilitated and reformed to be effective and responsible individuals within their communities after completing their sentence and returning them to society and granting them confidence among social classes and enhancing confidence and urging them not to return to deviance and drown in the swamp of deviance again. However, some criminologists have another vision and belief that criminals cannot be rehabilitated and rehabilitated to be good members of society. Through this article, we will explain the most important opinions of criminologists on criminal prevention