Risalat al-huquq Journal

There is no argument that the issue of (the rights of foreigners) is one of the important and fundamental topics, but it is the second topic of private international law, and although modern constitutions, human rights declarations and international agreements have necessitated equality between human beings, we note that some countries at the time The present, it is still following the guidance of ancient societies, in discrimination based on gender, origin, race, religious or sectarian belief. Hence the importance of studying the issue of foreigners ’rights and undoubtedly shows that foreigners residing in the state are considered part of its population, especially If we know that international interests have It clashed after the tremendous development in the field of transportation, so the human goal, regardless of its nationality, became serious and fruitful cooperation and peaceful and legitimate competition, despite the crises and wars, and it became impossible at the present time that there is nothing in the country other than its nationals only. It must not be forgotten that care In the conditions of foreigners, it is considered an invitation to global brotherhood and a prelude to the broadest step towards international political unity

Throughout history, the human civilizations have witnessed waves of immigration and asylum for a variety reasons, including political asylum, which culminated in the last two centuries, until it gained international attention and was adopted by many international and constitutional conventions that established several political rights, including the Constitution of the Republic of Iraq of 2005. Especially in the midst of the critical political conditions that our country has experienced in recent decades.In this context, this research sought to understand the purpose of its field to establish the constitutional rights of the political refugee as a human being in the first place and as a political refugee in the second place. Depending on the descriptive analytical approa.This research has been divided into two major topics, the first one has dealt with the concept of political asylum and its roots and types. While the second topic was devoted to the statement of the public and private rights of the political refugee, leading to the conclusion that we will include the most important conclusions and recommendations reached by the researchers in this research

يعد التصرف بأعضاء الجسم البشري من الموضوعات الحيوية ، وخصوصاً التصرفات التي ترد على الجسم البشري غير الناقلة للملكية بحيث انطوت على تطبيقات متعددة وصور مختلفة ،واختلاف بين الفقهاء والتشريعات بين مجيز وغير مجيز لهذا النوع من التصرفات وحدود الانتفاع بها فلا بد من أن يكون هناك تنظيم خاص ينظم تلك التصرفات وتوفير حماية قانونية لازمة لبعض الأعضاء لما لها من أهمية وآثار قانونية وشرعية ، وذلك بسبب التطور العلمي الذي شهده العالم اليوم مما حدا بالأطباء وحفزهم نحو التصدي للأمراض المستعصية التي تواجه الانسان سعياً لدرء أخطارها والتغلب على ما يصعب منها بالتقليل من آثارها ما قد تفرزه من عقبات وصعوبات تعوق الانسان وصحته وتنأى عن مواكبة التقدم ومواكبة متطلبات الحياة وضروراتها ، سوف نتناول التصرفات الناقلة للملكية على مبحثين نتناول في المبحث الاول الانتفاع بالعضو غير متجدد وآثاره ، ونتناول في المبحث الثاني الانتفاع بالعضو المتجدد

بعد أن أصبحت الهجرة الدولية ظاهرة اجتماعية ذات طابع عالمي ، سواء كانت هذه الهجرة شرعية أو غير شرعية ، وما نتج عنها من اشكاليات لها آثار على كل دول الهجرة (دولة الاصل، دولة العبور ، دولة المهجر) ليس فقط في نطاق القانون الدولي العام الذي تختص قواعده في إعطاء كل دولة الحق في تنظيم حدودها وممارسة سيادتها الاقليمية بما يضمن سلامة أراضيها وأمنها القومي ، وإنما على علاقات المهاجر في كل من الدولة التي ينتمي اليها ويحمل جنسيتها (دولة الأصل) ودولة الإقامة الجديدة (دولة المهجر) او الدولة المضيفة ضمن نطاق القانون الدولي الخاص كونها ذات بعد دولي تمس أكثر من دولة من دول الهجرة ، لتحديد المركز القانوني للمهاجر في دولة الأصل بحكم الرابطة القانونية بينه وبين تلك الدولة ، التي تمثلها الجنسية التي يحملها ، لمعرفة ما يتمتع به من حقوق عامة لجميع مواطني الدولة دون أي تمييز بينهما ، سواء أكانوا مقيمين على أراضيها أم مهاجرين يقيمون على أراضي دولة اخرى، وحقوق خاصة يتمتع فيها المهاجرون على الرغم من عدم وجودهم في أراضي دولتهم الأصلية وما يقع عليه من التزامات مقابل ما يتمتع به من حقوق ، وفقاً لمبادئ الشريعة الاسلامية ، والتشريعات الدستورية والقانونية المعمول بها في كل من دولتي الأصل والمهجر ، الى جانب تفعيل المعايير الدولية التي تتمثل بالإعلانات والمواثيق والاتفاقيات الدولية ، التي أُقرت لحماية حقوق الانسان أينما وجد ، لتوفير كل مستلزمات العيش الكريم اللازمة لكل انسان احتراماً لطبيعته الانسانية التي كرّمه الله سبحانه وتعالى وجعله أسمى مخلوق في الكون بدولته الأصلية.

نجح المشرِّع العراقي في ايجاد ترسانة قانونية متنوعة، تضمنت وسائل قانونية يمكن أن تكون فعالة لمواجهة أفعال الإرهاب، وتجريمها. ولم يمنع المشرع العراقي من حصر الافعال الإجرامية المتعدّدة ووعدِّها ارهابية لغايتها أو النتائج المترتبة عليها. وأن مؤشر نجاحها يتحقق بتطبيقها بكل حزم والالتزام بروح النص، وأن تكون بعيدا عن التدخلات في عمل القضاء.إن هذا التنوع والاختلاف والتعدد في مواقف المشرع العراقي في نصوصه تجاه مكافحة ظاهرة الإرهاب في العراق لم يفسد للود قضية؛ لان هدفها واحد تفرضه المصلحة المهدّدة بالإرهاب من حماية جنائية، وتنفيذاً من العراق للالتزامات الدولية التي يتوجب عليه الالتزام بها بموجب القانون الدولي مقابلا لدعمه لمعالجة هذه الظاهرة الإجرامية التي لا يستطيع وأدها حتما مالم يتلقى ذلك الدعم.

This is a discussion regarding the use of philosophy in evaluating the true nature and functions of law and legal system.Central matters of law cannot be understood properlly without Philosophical terms and tools.Philosophy shaps the essence of law.Starting with the question of law definition, and purposes of legal system in general.The core this research is summarized in fact that legal system is effected negatively by none-legal elementals related to metaphysical, cultural, ideological influences which Covers the true nature of law and legal system .We emphasis on logically scientific approach in understanding law.Law must be distinguished from other social systems.Purity and subjectivity of law are conditions to achieve just and functional law.

Whereas, the insurance contract is one of the contracts binding on both sides that entails obligations on both parties, and among these obligations is the obligation to pay the insurance premium from the insured and informing the insured of the reality of the insured risk from it. The insured must also inform the insured of everything that would interest the insured in this field. This information must be correct and accurate and not hide any information that concerns the insurer or affect his decision to accept insurance from one side or another, and in determining the amount of the insurance premium on the other hand, because the premium is determined mainly based on the nature of the risk. Not to mention that the insurance contract is Contracts of time that last with time, the insured must notify the insured if the insured risk is exacerbated by him, whether by the insured person, or by others, or if it is for a foreign reason

The crime of dealing with expired goods is defined as deceptive behavior committed by the supplier or the advertiser regarding expired goods in order to mislead the consumer and obtain illegal gain. This crime is regarded as an economic crime by which criminal tries to give a misleading form about goods shelf life and then dealing with it and provide the consumer with it.This crime has many social and economic risks, which cause harm to the consumer economically and health, and destabilize confidence in the validity of the goods supplied to them, which negatively affects the economy of countries.The special element of the crime from the place of the crime is (an expired commodity), and the fact that the material corner of the crime of dealing with expired goods is sufficient for the occurrence of positive criminal behavior is the sale, show or advertising expired goods or Hide, change, remove or misrepresent the expiry date or repackage expired products in containers, and covers that carry a different authority to the truth and misleading the consumer without requiring waiting for the achievement of a material result of its occurrence. While the moral corner of the crime is sufficient to provide the general intent of knowledge and will of the perpetrator without requiring special intent.

Constitutions did not founded except for the purpose of restricting the state’s powers and obliging them to submit to its provisions and not to override them. The constitution, as it will have to put these visions and perceptions expressed by the constitutional founder as a limit that cannot be overlooked and it applies these texts, this idea that was absent in the place of research from which we wanted to show the status of the "Council of State" in the current constitutional regulated of Iraq and we have finished with it To being As part of the components of the independent judiciary, and therefore the same constitutional and legal rules that apply to this authority apply to him, and this result that we obtained was the result of that constitutional structure that the legislator regulated when organizing the provisions for this council and in it we noticed that there are historical principles that support this constitutional concept Also, the comparative countries - Arab and others foreign countries - have tended to do so either text or judiciary, and thus the State Council has become a distinct constitutional status as part of the judicial authority in the state, but the Federal Supreme Court in Iraq has tended to give its own perceptions Its visions are not correct, and even contradictory to each other, when explaining the status of the "Council of State". It was once portrayed as a "part of the executive branch" and affiliated with it, and it was again portrayed as an "independent body" and has no relation to the federal judiciary, despite the unity of rules Constitutionalism, which established its conceptions by it, and both perceptions in which the court relied on corroborations that did not stand up to logical scientific analysis.

Legal characterization of the members of Popular Mobilization Forces as an armed group is a significant matter. It is well known that the international humanitarian law does not deal in the same way with all forms of the armed groups. Since it is unnecessary that all the categories of members of these groups are included under the definition of combatant who has a special protection under the mentioned law. Therefore, it is important to determine the correct Legal characterization for each armed group, and then it can say whether that such group and its members are protected by the international humanitarian law or not. Such protection cannot be applied unless some conditions are met.Today, the question of the legal characterization of the members of Popular Mobilization Forces is a sensitive and controversial matter. Legal debate focuses question that whether the members of the Popular Mobilization Forces are combatants protected by the international humanitarian law or not?This study focuses on the relevant legal provisions within both of the Iraqi law such as (the Permanent Constitution of Iraqi Republic of 2005, the Popular Mobilization Law No. 40 of 2016.

Despite all of the efforts made by the international law in differentiating between the illegality of terrorism and legitimacy of resistance, the confusion between resistance and other acts of terrorism is still widespread among many States and groups of people. Accordingly, this research intends to figure out the difference between the terrorism and the resistance as a sole right for each state, through the utilization of a descriptive methodology, in which the researcher tends to review previous studies and literature in order to identify the historical background of terrorism, the general concept of resistance and eliminating the confusion between resistance and terrorism. It was concluded that there are fundamental differences between resistance and terrorism in terms of the role of the people in each activity, in terms of psychological and moral motivation and in terms of targeted violence. More seriously, international law has yet to be determined in a way that leaves no room for confusion between what is legitimate and what other acts of terrorism have escalated in a frightening manner in our time, which requires serious action by the United Nations to establish restrictive and distinct regimes and laws between terrorism and the legitimate resistance applied to all States and to prevent States such as the United States and Israel from combining these conditions and using them in accordance with their personal interests

Ejaculation it every claim or attrbution of certain facts that would perjudice the dignity or consideration of the projectile defamation depends on the general in the code of criminal ,with regard to the issue of jurisdiction and statute of limitation as well as rule of evidence and becouse they are not subject to special provisions ,in this paper we highlight the criminal effects of ejaculation ,and we have divided this research in to two researchers, we show in the first concept of the crim of libel ,and in two demands we show in the firdt pillars of this crim ,and in the second we allocate it to commit this crime via the internet ,the second section shows the criminal effects , in two demands ,in the first we show the punishment of the crime of libel and in the circumstances of this crime .

The information revolution in the second half of the twentieth century to impose many challenges on the world، generated by scientific and technological development، which led to the emergence of new interests and the emergence of rights related to them، and a threat to some rights and freedoms. This enormous revolution in the field of information and communication technology and in the electronics industry has led to a world of high speed communication، information transmission over distances، dialogue with local and global databases، and dealing with advanced systems of expertise and artificial intelligence. Only achieved by the presence of this wonderful thing called computer automation On the other hand، increased computer work has led to the emergence of crimes resulting from that use، and these crimes either fall on the computer itself، or it occurs by the computer so that the computer is a tool in the hands of the offender used to achieve its criminal purposes، a kind of crimes created novel called crimes Informatics.

The development of guardianship by the French judiciary was of great importance in protecting the buyer and the professional, whether manufactured or sold at the same time, by finding an update of the real damage that the law requires to redress the damage caused. This development has proved the positive role of the judiciary in interpreting the law in order to reach a fair ruling in the dispute before it. Therefore, we can benefit from this judicial experience as well as the Lebanese judiciary. This can only be done through the distinguished Federal Court of Cassation The judiciary in the State which has the responsibility to find solutions to complex legal issues.

The crime of aggression is one of the most controversial topics in public international law in general and international criminal law in particular, due to the different aspects of this crime and its gravity to the international community, and its implications for international peace and security. And the fact that international law is the first protector of the rights and sovereignty of states from any attack on their rights, he addressed the crime of aggression in a serious way because this crime is considered the real threat to the safety and sovereignty of states, which are still considered the biggest problems facing the entire world despite the great development that has affected international law .After many years of continuous work since the Second World War, the international community was able to reach a definitive definition of the crime of aggression. The unrelenting efforts to reach this achievement that humanity had waited for decades had not stopped .The International Criminal Court is considered to have the largest role in arriving at the definition of the crime of aggression. Since its establishment, it has been trying to reach a definition of this crime and include it in international crimes in order to be able to prosecute its perpetrators, until it was able to put a definitive definition through the 2010 Review Conference, which established the concept The terms of this crime, and he pointed out that this definition can enter into force after 2017, and all countries must recognize and apply this definition by including it in their laws because it has become a part of international criminal law.In addition, an executive organ of the International Criminal Court must be established to implement the decisions and judgments issued by it, due to the lack of cooperation of the States parties and non-parties in arresting and extraditing the accused to the court, as this problem is one of the biggest problems that impede the work of the court.

The idea of the administrative contract is one of vague and unstable ideas, especially in the dual judiciary countries such as France and Egypt. The administrative contract is usually the contract which is concluded by the administration as a public authority with a public person or private person for the management or organization of a public service and thus the provision of public service to the public. The contract here is a contract of public law and the administrative judiciary is competent in disputes arising from it. However, the administration may have to conclude a contract with a private person as a private person and not as a public authority, and this lead to the subordination of this contract to private law, and consequently disputes arising therefrom are subject to ordinary courts. This contract arises the problem of determining the legal nature of the contract, Is it a contract administrative or ordinary? There have been several legislative attempts in France and Egypt to resolve this problem, but the judicial opinion was the principal norm in the consideration of a contract is administrative or civil. In Iraq, this problem has not been raised before, this is because all the contracts are governed by the civil law, and therefore their disputes are subject to ordinary courts. With the establishment of the Iraqi Council of State in 2017 and because Iraq has the deal judiciary

A judicial evidence of judgment is considered as obligatory effect ,for judicial works that are issued from normal courts in a general from and constitutional court in a specific form .An absolute evidence has been arranged for a constitutional judicial law This judgment is represented as a find and confidential judgment for each one and all people The adaptation of the judicial evidence is important due to it has subjective and procedural base as well as it has a couple nature It is clear that evidence can decide a specific judgment when the rules of law are applied . Moreover, this evidence can also form judicial protection which is provided by a constitutional judgment for claim owners. The all rights can be confirmed during the pulling out of the offers in front of constitutional courts without renewed the conflicts and vestige the claims of the subject in accordance with a constitutional judgment .The constitutional judgment which has a specific characterization regarding the other judicial rules ,The constitutional judgment has an absolute evidence and power as well as its confirmation at executive power at the moment at its issue. This confirmation has been supported by most ecnstiutions and laws which organize a specialization of constitutional courts and the procedure of issue of judicial laws

International responsibility is exercised when a person of international law is unlawfully acted upon to harm another state or one of its nationals, thereby repairing that damage, and thus constitutes an important principle of international law. The elements of this responsibility and its staff, and its consequences, which are the obligation of the state that caused the damage to compensate it through the legal association that arises between the two parties, the idea of international responsibility is to bear the consequences of the foreigner's actions and his obligation to compensate the damage caused by others, and these The responsibility is several and at other times it is a default, so the rights of the foreigner must be guaranteed when he is in another country, and one of the most important of these rights is the right to litigate before the courts of the country in which he resides and at the same time the foreigner must be subject to certain rents to ensure that he enjoys those rights, and the state has the right to restrict the entry of In addition to it annually

The criminal judgment is the title of the truth, both in the facts and the results of the evidence, if it is an argument against the other judgments. In order to achieve this goal, the criminal judge grants broader powers than other judges in various fields, including the assessment of evidence. The researcher discussed in this study the concept of the authority of the judge to assess evidence in order to be able to take note of the subject of the study. And his knowledge, the power of this study has also highlighted the authority The criminal judge in various criminal systems, including the Iraqi criminal system in the light of the Code of Criminal Procedure No. 23 of 1971, as highlighted in this study on the basis of the assessment of evidence and its limitations as we find that the original in absolute power has placed the exception on the original, as the study showed The subject of research after the error estimation of the evidence, explaining that through the tariff, and subjective error, this time the study reached the most important results, including the judge's discretion extends all stages of the proceedings and all types of criminal courts.

the Council of Representatives in any country performs many tasks, including legislative, supervisory and financial, and that deputies are agents of the people to carry out these tasks under the principle of proportional representation, and that the shortage that may occur in the number of deputies affect the progress of work in the Council, so we must address this shortfall, so Constitutions proceeded to clarify the legal provision for the vacancy of a seat in the Council of Representatives. Special laws were enacted to deal with this issue, which was followed by the Iraqi legislator when he started the law to replace members of the Council of Representatives in accordance with Article (49) of the Constitution of the Republic of Iraq for 2005.This research seeks to shed light on the mechanism of replacing deputies to address the vacancy of one or more seats in the House of Representatives. The research problem is a result of the weakness of the legislative drafting of the replacement law No. 6 of 2006 and its amendment of 2007 in many respects, its ambiguity and the large number of legal appeals submitted to the Federal Supreme Court about the mechanism of its application. Using a comparative analytical methodology, constitutional and legal provisions relating to replacement were examined in Egypt and Iraq. Reference was made to the laws of other countries to support comparison and analysis.

Credit cards are advanced and modern methods that do not specify the legal basis for the legislator so the jurisprudence differed in the statement of the legal nature of the bank credit card system, due to dispute and jurisprudence controversy to the multiplicity of parties to the legal system of credit cards, which is the bank card issuer and who has the right to issue the card to customers, The card holder, who obtains the plastic card from the issuing bank, and the trader who accepts to deal with the plastic cards of their holders as an electronic payment method for the value of goods and services provided to customers, Which is made up of two contracts; a contract concluded between the trader and the issuer of the card called the dealer's contract, and a contract between the customer the cardholder and the issuer of the card and called the contract of accession. For the purpose of stating the legal basis of the bank cards, the first view to determine the legal nature of credit card contracts