Risalat al-huquq Journal

Protecting society requires a comprehensive vision to achieve security, safety, and stability for citizens. The primary source for this is criminal law, which reflects the opinion of the people and the community at large in defining deviant behavior and the penalties prescribed by law. It is a mirror of the community's views and the prevailing social customs, traditions, and political changes. Our society is one of those that strongly adheres to these customs and traditions. Therefore, it is essential to clarify the role of criminal policy in refining these negative social customs, in addition to addressing political changes. Furthermore, there are security challenges, the most serious of which is terrorism, and the rapid pace of technological development, which has emerged as a major challenge to criminal law. The widespread use of the internet, especially with the emergence of security measurement programs for computer systems, has also presented new challenges. This has led to the emergence of new crimes and the difficulty of proving them. Moreover, modern technology must be mastered by security and judicial authorities to be able to detect, prove, and punish crimes. In conclusion, we have arrived at a number of conclusions and proposals, the most prominent of which is that culture... Society plays a significant role in shaping individuals' positive and negative behaviors. Therefore, it is essential to raise legal awareness among individuals by holding educational seminars and developing programs that address misguided cultural attitudes and enhance the technical expertise of investigative and judicial bodies.

Cybercrime is of great importance to the international community, as its international nature has compelled the international community to adopt effective policies to confront it, especially since its importance stems from its special legal nature. It is one of the prominent phenomena in the modern world, as its impact is not limited to individuals, but also extends to institutions, companies, government systems, and the national security of countries. Therefore, the legislative shortcomings regarding these crimes have created a flaw in the process of confronting cybercrime and have clearly affected the achievement of criminal justice in combating it. Consequently, the weakness of legal legislation and procedures has led to a weakness in the ability of authorities to confront it. These crimes impose great pressure on security and legal systems, which necessitates the continuous development of policies and legislation to combat them. What has increased their severity and impact is that they are crimes that are difficult to detect and prove in court. Therefore, many countries have begun to legislate this phenomenon in order to deter and reduce it at the international and local levels, and then try to confront it with new means and strategies

This research summarizes the legal framework for the process of allocating and transferring land ownership for educational purposes in Iraq. The research discusses the legislative means available to educational institutions to allocate and acquire land and the legal and administrative challenges they face. It proposes solutions to enhance the effectiveness of legal texts related to educational institutions to achieve sustainable development in the education sector. It also studies the government's role in regulating the process of allocating and transferring land ownership for educational purposes, ensuring a balance between public interests and individual rights.

Manuscripts are among the most important types of cultural heritage for any country, so their protection is of great importance. It is important to inform future generations about their country’s heritage, as every people should be informed about their civilizations and heritage, in order to enhance the national and human spirit and stimulate the creative abilities of society through knowing what was left behind by those who came before them and benefiting from their experiences and expertise, and citing the sublime and noble values in a way that contributes to strengthening dialogue between cultures and respect for oneself, one’s identity, one’s national affiliation, one’s ancestors and one’s country. In order to preserve the cultural heritage, this requires a legal means capable of preserving the manuscript heritage from the dangers that it may be exposed to at the level of constitutional legislation, first, and then its impact on ordinary legislation, as well as at the level of international law. Through this research paper, we will learn about the concept of manuscripts from a legal perspective, and then clarify the position of the Iraqi legislator on protecting the national heritage represented by the manuscript heritage, as stated in Article (113) of the Constitution of the Republic of Iraq for the year 2005, which considered manuscripts to be natural resources, and what is the impact of this article on legal stability under the Antiquities and Heritage Law No. (55) of 2002, which allowed the holy shrines to possess manuscripts, and the practical application of the constitutional text, thus enabling the administration of the holy shrines to protect their manuscripts through the legal means available to them.

This research aims to study Iraq's preventive criminal policy towards social protests by analyzing the legal and social foundations governing the right to peaceful assembly and evaluating the effectiveness of preventive measures in protecting public order and ensuring citizens' balanced exercise of their fundamental rights. The research comprises two main sections: the first reviews preventive and remedial measures in response to social protests, while the second examines procedural measures, including defining the spatial jurisdiction of public squares and streets, imposing time limits and licensing procedures, and guarantees for the protection of demonstrators. The research employs a descriptive-analytical approach, examining relevant legal texts and comparing them with the theoretical foundations of preventive criminal policy, drawing upon jurisprudence and Iraqi social realities. The findings indicate that Iraq's preventive criminal policy seeks to protect society and public facilities and prevent harm before it occurs. Furthermore, defining locations and imposing time limits reduces chaos and promotes civilized behavior among demonstrators. The clarity of legal texts and the existence of judicial and administrative guarantees contribute to limiting abuse and encourage peaceful protest. However, legislation requires periodic updating to cover all types of protests in front of important government facilities and to keep pace with social and political transformations, thereby enhancing the effectiveness of preventive policy and achieving a balance between freedom and security

The crime under study in this research falls within the category of unspecified occupational crimes in Iraqi legislation in general, and in the Penal Code in particular, where the legislator was satisfied with including it under a general heading in the aforementioned law. Due to its overlap with a number of other crimes in some of its constituent elements, we found that some tend to confuse it with other crimes that constitute an attack on the same legally protected interest. On the other hand, the recent rise in its occurrence rates has motivated us to shed light on the legislative approach to addressing it, in order to remedy the legislative gaps that have enabled perpetrators to escape criminal legal liability. In the conclusion of this research, we presented the results of our analytical review of the legal text that defines this crime, including findings and recommendations that we believe strengthen the legislative response to the crime under discussion. Foremost among these is naming the crime as 'the crime of unjust financial collection for the state' to distinguish it from other occupational crimes related to financial administrative corruption. Additionally, we recommend imposing a proportional fine on the perpetrator equal to twice the amount unjustly collected from the person obligated with the public financial burden.

The United States and Israel are considered major players in the Middle East, and each has significant influence on political, security, and economic developments in the region. The United States is strengthening its military presence in the region through its military bases in several countries, contributing to a certain balance of power that serves its strategic interests. The close relationship between the United States and Israel plays an important role in Middle East policy, particularly as the United States' continued support for Israel, including military and economic aid, enhances Israel's ability to implement its policies in the region. In turn, Israel is a strategic ally of the United States in confronting regional challenges, such as Iranian influence. Both the United States and Israel significantly influence the course of events in the Middle East, whether through military and political support or through economic relations and strategic alliances. This mutual influence constitutes a significant part of the region's dynamics and determines much of its future direction.

Fair competition is one of the main pillars of contemporary commerce, as it balances the interests of traders and protects consumers, in addition to supporting innovation and improving the quality of products and services. For this reason, commercial laws have paid great attention to establishing legal controls to regulate competition and avoid negative practices that undermine its fairness. The legal protection of fair competition is embodied in several key areas, such as addressing monopolies, preventing the abuse of market dominance, prohibiting secret agreements between companies, and combating misleading advertising and commercial fraud. Moreover, the laws specify strict penalties for anyone found to be involved in illegal practices that harm competition. Specialized competition protection laws, such as the Competition Protection and Antitrust Law, are among the most important protection tools, in addition to the role of regulatory bodies specialized in monitoring markets and investigating violations. Most countries, including Iraq and comparative legislation in Lebanon, have passed legislation to protect fair competition in accordance with international standards, with the aim of achieving a balance between market freedom and preventing harmful abuses

Fair competition is one of the main pillars of contemporary commerce, as it balances the interests of traders and protects consumers, in addition to supporting innovation and improving the quality of products and services. For this reason, commercial laws have paid great attention to establishing legal controls to regulate competition and avoid negative practices that undermine its fairness. The legal protection of fair competition is embodied in several key areas, such as addressing monopolies, preventing the abuse of market dominance, prohibiting secret agreements between companies, and combating misleading advertising and commercial fraud. Moreover, the laws specify strict penalties for anyone found to be involved in illegal practices that harm competition. Specialized competition protection laws, such as the Competition Protection and Antitrust Law, are among the most important protection tools, in addition to the role of regulatory bodies specialized in monitoring markets and investigating violations. Most countries, including Iraq and comparative legislation in Lebanon, have passed legislation to protect fair competition in accordance with international standards, with the aim of achieving a balance between market freedom and preventing harmful abuses

Contracts based on personal considerations focus on the contractor's personality or an essential characteristic of theirs. This characteristic, or one of their attributes, becomes the driving force behind entering into the contract, a fundamental element of the agreement, or one of the reasons for its formation. This depends on the will of both parties, as personal considerations are essential to the execution of such contracts. Furthermore, personal considerations can constitute a fundamental characteristic, and any error in this regard could lead to contract termination, at the contractor's discretion. The central issue revolves around the extent to which personal considerations influence the regulation of consultancy contracts. This study aims to clarify the legal framework for administrative consultancy contracts and highlight their unique characteristics compared to other types of contracts. Personal considerations are a fundamental element of consultancy contracts, justifying the necessity of subjecting them to a specific oversight system. This system would limit abuse and ensure the sound management of public funds.

This study seeks to clarify the constitutional and legal framework for determining the territorial and subject matter jurisdiction of the administrative judiciary in Iraq, in light of the evolution of the judicial structure after the 2005 Constitution and the enactment of State Council Law No 71 of 2017, together with the expansion of administrative decentralization under Governorates Not Incorporated in a Region Law No 21 of 2008. The research proceeds from the premise that the judiciary is a single unified authority regulated by law on the basis of territorial and subject matter jurisdiction rather than on the basis of centralization and decentralization, while public administration is governed by the dialectic of administrative centralization and decentralization, which indirectly affects the map of administrative disputes and their distribution between the federal level and local levels. The problem of the study lies in the lack of precise codification of the criteria for allocating administrative claims territorially and by subject between the Administrative Court, the Public Employees Court, and the Administrative Supreme Court on the one hand, and other judicial bodies dealing with administrative disputes on the other hand, especially in the context of expanding decisions issued by decentralized authorities in governorates and regions. The research adopts a descriptive and analytical method with a comparative dimension, based on an examination of the constitutional text, Judicial Organization Law No 160 of 1979, the Civil Procedure Law, the State Council Law, and legislation on administrative decentralization, together with an analysis of selected judgments of the Administrative Supreme Court, in order to formulate practical standards for determining jurisdiction that rely on the nature of the administrative act, the scope of its effects, and the place of its issuance or implementation, while preserving the unity of the judiciary and the uniform interpretation of public law rules at the national level. The study concludes that these standards should be incorporated into clear legislative provisions, that the role of the Administrative Supreme Court in resolving conflicts of jurisdiction and unifying principles should be strengthened, and that the organization of territorial and subject matter jurisdiction of the administrative judiciary should be linked to an administrative structure based on a carefully calibrated balance between administrative centralization, which is necessary for state unity, and administrative decentralization, which brings administration, services, and justice closer to the citizen, thereby enhancing the effectiveness of administrative justice and protecting rights.