Sumer Journal of Legal Sciences

After the term caretaker government is one of the important constitutional terms at the present time, it has a distinct political character, while the constitutions did not define the concept of caretaker government and its powers with great precision, despite the existence of a number of judicial rulings and legal jurisprudential opinions, which we see to be based in reality on political facts influenced by affiliations or their adoption of political trends.

After the term caretaker government is one of the important constitutional terms at the present time, it has a distinct political character, while the constitutions did not define the concept of caretaker government and its powers with great precision, despite the existence of a number of judicial rulings and legal jurisprudential opinions, which we see to be based in reality on political facts influenced by affiliations or their adoption of political trends.

The principle of continuity of the public service requires the public authority to secure and respect the public service, whether in the field of public employees, where laws prohibit their strike or require securing or assigning an employee to replace an employee who is absent from work for any reason, or in the field of administrative contracts, where the public authority allows itself to terminate the contract if its implementation becomes impossible due to force majeure, or in areas that require the inadmissibility of disposing of public property. The result that can be reached from the above is that the law requires the competent administrative authority to protect the public service in order to achieve the public interest, and therefore this goal requires the principle of continuity.

Cybercrimes are like other crimes in violating the rights of others، especially in light of the rapid digital development on the public level، but cybercrimes have another advantage in that they are soft crimes، but their effects are great، so understanding the criminal behavior and dealing with the crime is a challenge for the investigative authorities، especially the investigator. Hence، the role of the investigator was clear in all stages of the investigation، despite the incident of this type of crime and the lack of investigative experiences and software means، as revealing the circumstances and features of the crime requires the presence of experts and technicians in the field of rapid detection، as the perpetrator deliberately hides its traces in a short time before standing on it.

Environmental pollution is one of its most prominent problems, although this problem has existed for a long time, but the warning of its seriousness and its multiple dimensions is what was delayed in appearing, but it soon appeared quickly as a reaction to the huge expansion in industrial production, and this was indicated by the competition between countries and between producing companies in flooding the markets with new goods. Since the law keeps pace with its binding rules regulating human behavior with new developments, it was therefore necessary for the legislator to intervene to confront the effects of industrial and technological progress that the world has recently achieved in various fields, represented in the pollution that has affected the environment, thinking about what affects the environment, environmental administrative penalties have a major role in protecting the environment through their effectiveness.

The original principle in criminal liability was that it was imposed on a natural person because the basis of responsibility depends on awareness and will, and this is what cannot be done in a legal person. The law has rules directed towards those who are proven to have the ability to distinguish right from wrong and whose actions comply with the law. However, as a result of the economic and commercial openness adopted by the countries of the world, it led to a significant increase in the number of institutional entities, which take the form of commercial and industrial companies with enormous financial capabilities, in a rapid and unprecedented manner. Therefore, it became necessary to pursue all activities and mistakes that took an active role in the occurrence of the crime, and it became Persons who did not contribute financially to the commission of the crime are included in the scope of criminal liability as original perpetrators. Hence, the legal person\'s responsibility for crimes and their harmful effects emerged.

Moral principles act as guardians of both private and public morality. They aim to preserve virtue in itself, protect public morality in society, and cultivate individual character. For this reason, punishments for adultery and discretionary penalties for violating this virtue and public morality exist. Modern secular laws, however, have a narrower scope than religious and moral principles because their basis for criminalization differs. The crime of violating honor is not limited to physical assault; it extends to human dignity, personal freedom, and psychological well-being. Therefore, legislation has been careful to criminalize such violations due to their negative impact on society and its stability. Honor represents one of the moral and social pillars upon which the individual and the family are founded, and any violation of it constitutes a direct threat to social security and public order.

People used to sign all their transactions in the traditional way using paper، but with the passage of time، the development of life and the emergence of modern technology، they turned to replacing most paper transactions with electronic ones to keep pace with the development witnessed by the contemporary world، which invaded all fields and included all areas، which raised the problem of the legitimacy of dealing with such electronic transactions and contracting with them

The phenomenon of loose dogs has recently emerged in Iraq and the Kurdistan Region and the damage they cause to people and property, which has raised the question about civil liability for these damages and who bears compensation for them in light of the legislative shortcomings in the provisions regulating liability for animal actions in the Iraqi civil law. We concluded that there is no single legal basis for responsibility of animals in the Iraqi Civil Law. Sometimes the legislator bases liability on a mistake that must be proven, and at other times he bases it on an assumed mistake that cannot be proven to the contrary, and in certain cases can be proven to the contrary, in addition to the lack of legislative organization of the liability provisions for the actions of the animal in Iraqi law, as a specific person cannot be held accountable for the damage caused by loose dogs in light of the provisions of the Iraqi Civil Code that impose civil liability on the owner of the animal, which requires that the animal be owned by a specific person or under his possession or control. However, it can Filing a lawsuit to request compensation for damages caused by loose dogs against the authorities legally competent to combat these dogs when their negligence is proven. In light of the research findings, a set of recommendations were presented to the Iraqi legislator and concerned authorities with the aim of eliminating the phenomenon of loose dogs, and holding the relevant authorities in the state responsible for their damages when those parties negligently, in addition to recommending the abolition of Articles (221-226) of the Iraqi Civil Code, and the introduction of a new text in place.

Granting diplomatic asylum is based on two main pillars, the first of which relates to the specific spatial scope of granting asylum, whether it is a narrow spatial scope such as the headquarters of embassies, consulates and the headquarters of international organizations, or in light of the broad scope represented by seeking refuge in ships, aircraft and foreign military bases by taking advantage of the immunities enjoyed by those places according to international rules. As for the second pillar, it is related to the asylum seeker, which is closely related to various political and humanitarian considerations. The refugee is the person who flees persecution because he was convicted without a regular trial or that he is being pursued by irregular bodies.

إن مبدأ التوازن بين السلطات من المبادئ التي ترتكز عليها الفلسفة الديمقراطية الغربية، في محاولة لتحجيم السلطة الفردية، أو منع هيمنة سلطة على السلطات الأخرى، وفي الوقت نفسه يعد هذا المبدأ من متممات مبدأ سيادة الشعب. وقد ظهر هذا المبدأ رداً على تفرد السلطات الملكية واستئثارها بالحكم، لتحقيق التوزان بين السلطات في مقابل الملكية المطلقة التي كانت شائعة آنذاك، مما أدى إلى استشراء الظلم والاستبداد وانعدام الحريات، وغياب القانون الذي كان الملك يفسره أو يغيره كما شاء . وهذا المبدأ يفترض من الناحية النظرية أن تتولى كل سلطة اختصاصاتها الأصيلة التي يحددها الدستور، فلا تهيمن السلطة التنفيذية على غيرها، وبهذا يتحقق احترام القوانين وتطبيقها.