TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: The importance of the research lies in understanding the concept of public debt, as it is a double-edged sword. On the one hand, it provides the state treasury with funds due to the shortage in state revenues for many reasons, including wars or the state's need to undertake necessary strategic projects that it is unable to finance, especially when the state resorts to other solutions that are ineffective, such as increasing taxes to an unsustainable level. This aspect is considered positive. On the other hand, the negative aspect is that it burdens the state with financial interest resulting from borrowing, which may be a considerable amount and beyond the state's capacity, thus negatively affecting future generations due to its negative economic effects on the state, through the state's inability to perform its constitutional and legal duties, such as providing security, food, and others.

Abstract: This research addresses a contemporary issue concerning the principle of legal security in relation to the newly introduced three-year budget system, which Iraq has adopted for the first time through the Federal Budget Law for the years 2023–2025. The study primarily focuses on examining whether the principle of legal security can be achieved within the current financial framework, particularly through the oversight tools and mechanisms employed by the Federal Supreme Court in exercising its judicial authority.
The research is structured around two main themes:
1. Exploring the Concept of Legal Security
This section elaborates on the meaning of legal security and the extent of its impact on regulating legal and financial relations over the projected period.
2. The Role of the Federal Supreme Court
This part highlights the Court’s practical role in safeguarding the principle of legal security by reviewing the constitutionality of the three-year budget, whether in terms of procedural aspects (such as the process of approval) or substantive aspects (such as the consistency of its provisions with the Constitution and fundamental legal principles). The research also examines the legal consequences of implementing the three-year budget, including the extent to which it upholds established legal positions and guarantees, while assessing the constitutional basis for the Court’s rulings in this regard.
The study concludes with a set of recommendations emphasizing the importance of expanding the Court’s supervisory role over both current and future three-year budgets. This includes ensuring greater clarity and precision in budgetary legislation to prevent violations of the principle of legal security and to maintain financial stability.
© 2023 TUJR, College of Law, Tikrit University

Abstract: The Muhaya'a system is a legal arrangement used to regulate the joint use of common property among several partners. It refers to the distribution of the benefit from the property in alternating time or space, according to an agreement between them. For example, if several people jointly own a property, they can agree that each partner will use it for a specific period of time in rotation. This system aims to avoid conflict and achieve justice in the use of shared property. Mutual benefit can be temporal or spatial, depending on the nature of the shared property. It does not affect the ownership of the partners; it only regulates the use of the shared property.

Abstract: This study examines the determination of the international responsibility of a state that hosts foreign military bases on its territory whenever these military bases commit unjustified acts of aggression against the bases of other states located in the territory of the receiving state itself or against the territory of other states. The occurrence of these acts leads to the exposure of the very foundation of the international legal system, which is built on a set of rules whose purpose is to prevent acts of aggression and not to rely on force in international relations and calls for the peaceful resolution of international disputes. Despite the sending state’s attempt to confer some legitimacy on the existence of its bases by concluding international treaties with the receiving state, these bases are a true colonial means that guarantees its interests. Accordingly, when acts of aggression occur from these bases, the international responsibility of the receiving state appears indivisible from the responsibility of the state that sent the foreign military bases, based on United Nations General Assembly Resolution No. (3314) of 1974, the draft law on the responsibility of states for unlawful acts, as well as the guiding principles regarding the joint responsibility of states

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Abstract: This study explores the conceptual and legal framework of artificial intelligence by analyzing its nature and technical characteristics, followed by an examination of the key legal challenges it presents, including civil and criminal liability, privacy protection, risks of discrimination, and cybersecurity. It also highlights the constitutional foundations governing AI use, particularly freedom of expression and equality, and reviews the legislative framework regulating AI through criminal law, personal data protection laws, and intellectual property legislation. The aim is to develop a comprehensive understanding of the necessary balance between technological innovation and legal safeguards.

Abstract: Given the evolution of economic activities and the emergence of new environmental threats, international law has shifted its focus to the future within the framework of sustainable development. Based on this, and in the absence of definitive scientific certainty regarding these threats, and despite the novelty of the precautionary principle, states are obligated to take the necessary measures to address environmental threats, particularly since it has been recognized in international and regional legal texts. The main problem of the research revolves around the interactive relationship between the precautionary principle for environmental protection and sustainable development. The research aims to highlight the precautionary principle and its mechanisms of implementation in international environmental law to protect the environment from the dangers resulting from human activities, while studying the positions of international courts on its application. In conclusion, explicitly activating the principle in international environmental law ensures greater protection of the environment in the face of potential dangers, no matter how weak, and does not hinder the process of sustainable development.

Abstract: This research addresses the topic of legal integration in Iraq, highlighting the relationship between constitutional harmony and the challenges of multiple laws. It also seeks to analyze the problems arising from the multiplicity and disparity of legal texts under laws in force since various times, and the resulting conflict and contradiction in application, which hinders the building of an integrated and effective legal system. The research also reviews the constitutional frameworks that regulate the relationship between laws, and analyzes the role that the Supreme Federal Court can play in achieving constitutional harmony, through the interpretation of texts and the unification of principles.

Abstract: This research examines digital transformation in the corporate environment and its implications for corporate management and its relationship with shareholders. It does so by clarifying the concept of digital transformation, its objectives, and its importance in enhancing institutional performance.
The study also analyzes the impact of digital technologies on modernizing management methods and decision-making processes, as well as their effect on shareholders’ rights. In addition, it explores the legal and regulatory challenges imposed by digital transformation.
The research concludes with a set of findings and recommendations, highlighting that, under digital transformation, companies have become more transparent and operationally efficient. Digital transformation encompasses administrative and organizational structures, and the study ultimately emphasizes the necessity of adopting a balanced legal and regulatory framework that keeps pace with digital transformation while protecting the rights of stakeholders.
© 2023 TUJR, College of Law, Tikrit University

The rapid development of information and communication technologies has led to profound transformations, which have been clearly reflected in legal systems, particularly in the field of judicial evidence in criminal proceedings. Many human actions and behaviors have shifted from their traditional physical framework to a digital environment that relies on computers and electronic networks. This shift has resulted in the emergence of new types of evidence that were unknown under traditional rules of proof, most notably what is known as digital evidence.
Defining the concept of digital evidence is considered one of the fundamental issues in contemporary legal studies, as clarity of definition constitutes the foundation upon which the rules governing the evidentiary value of this type of evidence and the conditions for its admissibility before the courts are built. The absence of a precise definition may lead to inconsistency in judicial application and open the door to divergent assessments among courts, which may ultimately undermine the principle of legal certainty. Legal scholars have emphasized that defining evidence is the first step toward understanding its legal nature and its function in the process of proof

Abstract: This study aims to understand and analyze the scientific and practical reality of artificial intelligence as one of the most significant contemporary technological transformations that have profoundly influenced the economic, social, and legal structures of states. It focuses on clarifying the concept of artificial intelligence from a theoretical perspective by reviewing its various linguistic, legislative, judicial, jurisprudential, and technical definitions, as well as its key characteristics.
The study further addresses the legal issues associated with artificial intelligence, particularly those related to its legal nature and its liability for damages that may result from its use. It examines the views of both proponents and opponents of granting legal personality to artificial intelligence and presents the jurisprudential debate between considering it merely an advanced technological tool subject to the responsibility of its user or developer, and the opposing view that calls for granting it an independent legal personality in the future.
Overall, the study seeks to provide an analytical framework that facilitates a deeper understanding of its legal dimensions and anticipates the regulatory challenges associated with it in the future.
© 2023 TUJR, College of Law, Tikrit University

Abstract: The investment sector is the engine of economic development for any country aspiring to progress, continuity, and improvement. Misuse of public funds has profound economic consequences for the state, especially since public funds are intended to serve the public interest, and any misuse of them harms the progress and development process . The United Nations also considered it a crime of corruption and included its provisions in the International Convention against Corruption issued by the United Nations General Assembly on 31/10/2003, along with all international agreements established to limit crimes of misuse of public funds in investment projects However, this did not reduce the number of this type of crime; rather, it is steadily increasing. Therefore, it has become necessary to research the issues of crimes arising from the embezzlement of public funds in investment projects and to develop the necessary mechanisms to address them.

This paper examines the role of Artificial Intelligence (AI) in digital criminal evidence analysis across investigation and trial stages, arguing that the growing complexity of cyber-related cases has made traditional methods insufficient in many situations.
It highlights how AI can improve the speed and accuracy of criminal procedures by processing large-scale data, detecting patterns, supporting facial/image recognition, enabling predictive policing approaches, and extracting meaningful indicators from large volumes of communications and digital documents.
The study also addresses AI applications in audio-visual evidence, such as voiceprint identification and smart surveillance analytics, while stressing the need to balance public security with defendants’ rights and privacy to ensure fairness.
At the same time, it warns of serious risks including bias, inaccurate outputs, and manipulation of digital evidence—particularly through deepfake fabrication that may falsely attribute confessions or actions to innocent persons.
The paper concludes with practical recommendations, including building specialized technical capacity, updating criminal procedure frameworks to accommodate modern tools, and limiting AI use whenever it

Abstract: Achieving legal security and stability, and providing protection for a minor's share of an estate containing a foreign element, necessitates the application of a specific law from among those applicable to inheritance. The judge presiding over the inheritance dispute must select the law most suitable to the minor's situation. This means applying the most appropriate law from among those applicable, whether it be the law of the minor's nationality, the law of the deceased's nationality, the law of the place where the deceased's assets are located, or the application of substantive international rules governing inheritance. Furthermore, the most favorable law for the minor must be applied by a competent court, whether national or foreign. To achieve justice and protect the minor's share of the estate, especially when the deceased's assets are distributed across multiple countries, judicial cooperation between the courts of different countries is essential. Through this cooperation, each country's court has the authority to take precautionary measures regarding the deceased's assets to preserve them and prevent their disposal by the other heirs or the minor's guardian.

Abstract: The principle of administrative neutrality represents a governing legal value for administrative activity in the modern state. It stems from the idea that administrative legitimacy is not achieved through legal texts alone, but rather through impartial administrative conduct. It establishes the concept that administrative authority is a legal function, not a privileged position, and makes equality an objective criterion for the legitimacy of administrative actions. Neutrality is organically linked to the protection of fundamental rights and freedoms, prevents the use of discretionary power as a tool for discrimination or exclusion, and constitutes an effective legal constraint on the conduct of public administration. It prevents deviation from its intended purpose and limits administrative abuse through legitimate trust between the individual and the administration. It enshrines the principle of legitimacy as a practical, not merely theoretical, value, and makes judicial oversight more effective in regulating administrative work. This leads to the rationalization of administrative action and its alignment with the public interest, achieving a balance between administrative efficiency and the protection of individuals. It prevents the politicization of public office, thus establishing a neutral administration serving the public good as a tangible institutional reality, not a theoretical slogan.

: An artificial intelligence author is a non-human entity that relies on artificial intelligence technologies to produce creative works or intellectual creations independently or semi-independently, through data analysis, self-learning, and making creative decisions without direct human intervention. It possesses characteristics that distinguish it from traditional software systems, as these characteristics grant it the ability to think, analyze, and create in a manner that simulates the human mind. These features enable it to engage in self-learning, acquire knowledge, and reach innovative solutions autonomously.
The issue of recognizing legal personality for artificial intelligence systems has sparked wide debate in legal scholarship. While one group of jurists argues for the necessity of recognizing such legal personality in order to keep pace with technological development, another group believes that granting legal personality faces numerous obstacles and poses real risks.
Similarly, the issue of granting intellectual property rights to an artificial intelligence author has generated extensive controversy regarding the possibility of including this entity within the scope of legal protection, and whether it is appropriate to grant these rights directly to the AI author, or to limit their attribution to the human controller or owner of the intelligent system

Abstract: The administration possesses broad powers to carry out its functions and ensure the proper functioning of public services. Among these powers is the legal authority to modify administrative contracts whenever such modification is deemed necessary to achieve the objectives of the public service. This authority is based on the principle of prioritizing the public interest over the private interest of the contracting party, provided that the administration’s exercise of this power remains within the bounds of legality. Accordingly, the contracting party has no right to object to such modifications as long as they are lawful. The study concludes that each administrative contract has its own specific characteristics that distinguish it from other administrative contracts, depending on the degree of guarantees that the administration may grant to the contractor. The contractor’s freedom in execution is determined by the needs, nature, and value of the public service that constitutes the subject matter of the administrative contract. Furthermore, the modification of an administrative contract is recognized as a right of the administration to alter certain contractual conditions in pursuit of the public interest and the continuity of public services. However, this right is subject to constraints that ensure the essence of the contract is not affected and that the contractor’s financial rights are not substantially harmed. Any modification requires the approval of the competent authorities and must be issued through a written decision during the period of the contract’s validity. Such modifications may include changes in quantities, methods of performance, or the duration of the contract, provided that they do not result in a change to the fundamental nature of the original contract. This research adopts an analytical and comparative methodology and arrives at a number of findings and recommendations, which are presented in the conclusion of the study.

Abstract: This study examines the effectiveness of the International Criminal Court (ICC) in addressing international crimes committed in Gaza since October 2023, with particular focus on the challenge of holding a non-State Party to the Rome Statute (Israel) accountable for conduct occurring on the territory of a State Party/accepting jurisdiction (Palestine). It discusses how the ICC’s treaty-based nature and the relative effect of treaties generate practical enforcement limits, especially where non-parties refuse to cooperate or to execute arrest warrants. The study further clarifies the legal basis for the Court’s jurisdiction in the Palestinian situation, the available triggers for proceedings, and the role of the Office of the Prosecutor, highlighting how individuals may be subject to prosecution regardless of nationality when jurisdictional requirements are met.
Substantively, the study analyses the legal characterisation of conduct in Gaza under the ICC’s core crimes—war crimes, crimes against humanity, and genocide—explaining the elements of each crime and key evidentiary thresholds, particularly the special intent required for genocide. It then assesses the impact of U.S. pressure on the Court’s effectiveness from two angles: first, legitimacy and deterrence, as political and punitive pressure may reduce the deterrent effect of accountability efforts by framing the Court as politicised; second, victims’ rights, where sanctions-based measures or threats may create a chilling effect on witnesses, intermediaries, and supportive environments for investigations, affecting evidence collection, procedural continuity, and victims’ confidence in international justice. The study concludes that the ICC’s effectiveness in the Gaza context depends not only on the soundness of legal jurisdiction, but also on sustained international support and enforcement cooperation to safeguard judicial independence and reduce impunity.
© 2023 TUJR, College of Law, Tikrit University

This research examines the evidentiary value of digital evidence within the framework of commercial adjudication, in light of the rapid shift toward the use of electronic means in commercial transactions and the consequent emergence of new forms of evidence that were previously unknown in traditional legal systems. The study analyzes the judicial approaches adopted by commercial courts in Iraq, Egypt, Jordan, and Lebanon, demonstrating that, despite differences in legislative frameworks, there is a consistent judicial trend toward accepting digital evidence whenever its legal requirements are satisfied.
The research also addresses smart documents and digital records based on blockchain technology, highlighting their importance in documenting and proving commercial transactions.
The study concludes that blockchain technology does not represent a departure from established legal concepts of evidence; rather, it constitutes a technological extension thereof. Accordingly, the judiciary may benefit from this technology in enhancing trust in digital commercial transactions, provided that an appropriate legal framework and informed judicial interpretation of the nature of this technology are in place.

Abstract : Administrative litigation is a crucial element of the administrative judicial system, as it forms the foundation upon which administrative courts base their rulings. This ensures litigants' rights and contributes to protecting freedoms from any infringement. The process begins with a petition submitted to the court clerk, where the legal claim is the first step. Administrative courts, as well as the European Court of Human Rights, have given special importance to administrative justice, emphasizing that fair administrative proceedings align with the principle of a fair trial. This is within the framework of their role in protecting human rights and safeguarding freedoms from any abuses that may occur as a result of the administration deviating from its legitimate objectives. The administration of administrative justice still suffers from significant shortcomings due to the slow pace of case resolution. In Iraq, the State Council faces immense pressure from the number of cases brought before it, leading to considerable delays in considering administrative cases and postponing the achievement of justice for relatively long periods. Therefore, effective administrative justice requires careful consideration and study to ensure the achievement of justice, expedite procedures, and protect individual and collective rights. This research stems from the necessity of ensuring the swift resolution of administrative litigation procedures.

Abstract: The right to erasure is one of the most important fundamental rights in the field of personal data protection. It is a newly established right approved by the European Regulation of 2018, following a decision issued by the European Court of Justice. It gives those claiming it the opportunity to get rid of some things that happened in the past and that may cause them annoyance by their existence, and the possibility of deleting and forgetting them forever. However, this right has been subject to differing interpretations by legal scholars regarding its definition and the explanation of its legal basis. Its connection to many of the rights addressed by international conventions has led to difficulty in understanding it precisely. Furthermore, scientific development has made it difficult to erase information from the internet and has led to the possibility of a technical conflict with this right.

Abstract: The administration, within its discretionary authority, takes administrative decisions, but this does not mean that it has the freedom to act or to be arbitrary in taking administrative decisions or to violate the law. It must adhere to the limits of the legal system in force in the country. From here, the judiciary’s authority to supervise the discretionary authority of the administration emerges, but the judiciary’s supervision of the discretionary authority The administration has limited powers that do not go beyond examining the legality of the action, i.e. the extent to which it conforms to the law, and that the purpose of oversight is the public interest. The administrative judge has the power of oversight and can cancel or amend administrative decisions if they are not consistent with the content of the incident and the reasons on which they are based. This issue is important in state institutions and to preserve... On public rights, we highlight the administrative judiciary’s oversight of the administration’s discretionary power and the legitimacy of administrative decisions

Abstract: This research addresses the issue of administrative response to nuclear and radiological emergencies in Iraqi law, within the framework of a comparative study with the legislation of South Korea, the United Arab Emirates and the Arab Republic of Egypt, with the aim of assessing the adequacy of the legal regulation in Iraq to deal with this type of high-risk emergency.
The research is based on the premise that nuclear activity, despite its benefits in peaceful uses, remains fraught with risks, which necessitates the existence of an integrated legal and administrative system for preparedness and response to nuclear emergencies, whether in the pre-prevention stage, during the occurrence of the accident, or after it. The research focuses on defining the concept of a nuclear emergency and the conditions for its realization, and stating the legal basis for the competent authorities, while analyzing the preventive, immediate, and subsequent measures taken by the competent administration.
The research also presents comparative models that illustrate the roles of nuclear regulatory bodies, national committees, and emergency plans. It highlights the importance of institutional coordination and advance planning in managing nuclear crises. The research concludes that the success of the administrative response to nuclear emergencies requires not only the existence of legal texts, but an integrated system that includes advance planning, technical readiness, and a balance between public safety requirements and respect for the principle of legality, while pointing out some shortcomings in the Iraqi legislative framework.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research addresses the problem of overlap between the constitution and its supplementary fundamental laws in Iraqi law. This is considered one of the most prominent problems arising from the practical application of the constitutional system after the 2005 Constitution of the Republic of Iraq came into effect. The supplementary fundamental laws are supposed to serve as a legislative tool for implementing constitutional provisions and elaborating on the general principles contained therein, thus ensuring their effectiveness and the achievement of their objectives. However, Iraqi legislative reality has revealed numerous overlaps, and even frequent contradictions, between constitutional texts and the provisions of these laws. This has led to confusion in the legal framework and weakened the Iraqi constitution's principle of general supremacy.

This research discusses the constitutional and legal basis for the concept of supplementary laws, their legislative function, and the limits of their role, distinguishing them from ordinary laws. It clarifies their legal nature and position within the hierarchy of legal rules. The research also addresses the most prominent instances of overlap, whether stemming from the ordinary legislator exceeding their constitutional mandate, from ambiguity in the constitutional text itself, or from the absence of clear legislative standards governing the drafting of these laws.

The research highlights the pivotal role of constitutional review, particularly that of the Federal Supreme Court, in regulating this overlap and restoring balance between the constitutional text and its supplementary laws. This is essential for preserving the unity of the legal system and upholding the principle of constitutional legitimacy. The research concludes with a set of findings and recommendations emphasizing the necessity of adopting a disciplined legislative approach and strengthening constitutional jurisprudence to ensure respect for the supremacy of the constitution and to limit instances of illegitimate overlap in Iraqi law.
© 2023 TUJR, College of Law, Tikrit University

Abstract :The world agrees that terrorism is one of the dangerous phenomena at all levels, whether individual, social, economic, or political. Thus, it is a real danger facing human existence due to its illegitimate use of force. As is known, terrorism is not restricted by law or morality in order to achieve ambitions that it is unable to achieve through legitimate means. The phenomenon of terrorism has expanded significantly in the present time, and it has acquired many tools and objectives, which leads to leaving serious effects on the international situation as a result of the diverse methods of use, including military means and widespread dangerous technologies that have become extremely dangerous.

Abstract: Administrative law is a relatively modern branch of law, as the establishment of an independent administrative judiciary in France in the second half of the 19th century is considered the cradle of this independent judicial system. The administrative judge is the one who finds a solution to the dispute brought before him, as he is not bound to apply a specific legal text. This makes him a judge of origin, which distinguishes him from civil or criminal judges, among others, who are obligated to apply the text of the law presented to them and not deviate from it. The activities of the administration are constantly changing to keep pace with the significant developments and transformations occurring in society due to political, social, and economic circumstances.
Therefore, the administrative judiciary has expanded the limited powers of the administration by granting it discretionary authority to address the needs it faces or the circumstances that affect its operations, provided that it remains within the framework of the principle of legality. This is done to protect the rights and freedoms of individuals from the misuse of discretionary power by the administration. The administrative judiciary was established and imposes its oversight on the administration to guarantee the principle of legality and its proper functioning. Therefore, in this research, we addressed the concept of administrative discretion and its underlying principles, as well as the reasons for relying on these principles. We also examined the administrative judiciary system in Iraq and its origins. Given the comparative nature of our research, we considered the administrative judiciary systems and their development in both France and Egypt. Following this, we discussed the oversight of the administrative judiciary over the two elements of an administrative decision—the subject matter and the cause—in which the discretionary authority's jurisdiction is clearly manifested. Throughout our study, we examined several practical applications of these elements.

This study aims to examine the commercial name in terms of its legal concept and the nature of its protection under Iraqi and Egyptian legislation, highlighting similarities and differences between the two systems and proposing recommendations to develop Iraqi legislation in line with international standards and comparative experiences.
The research adopts a comparative analytical approach, analyzing legal texts and judicial jurisprudence in Iraq and Egypt, focusing on: defining the commercial name and distinguishing it from trademarks and trade statements, conditions for acquisition and scope of use, and the legal protection available—civil, criminal, and administrative.
The study concludes that there is a clear overlap between the concept of the commercial name and the trademark in both legislations, leading to ambiguities in determining the scope of protection. Furthermore, the legal protection of the commercial name in Iraq is less detailed than in Egypt, both judicially and administratively. Accordingly, the study recommends: unifying legal concepts, issuing a dedicated commercial and industrial property law, and strengthening judicial and administrative roles in protecting commercial names.

Abstract : This research aims to examine the subject of appealing the decisions of the Federal Integrity Commission and evaluating its effectiveness in Iraq, by analyzing the legal mechanisms available for challenging its rulings and decisions, as well as assessing its current performance and exploring its future vision. The first chapter addresses the mechanisms of appeal, highlighting the different forms of appeals that allow individuals and institutions to contest the Commission’s decisions, whether through administrative or judicial means. These mechanisms ensure a balance between the authority of the Commission and the rights of individuals, reinforcing the principle of the rule of law. The study also outlines the procedures and safeguards that guarantee fairness in these appeals and prevent any potential abuse of power.
The second chapter focuses on evaluating the work of the Federal Integrity Commission in Iraq. The findings indicate that the Commission has achieved significant accomplishments in uncovering corruption cases and referring them to the judiciary. However, it still faces major challenges, including limited resources, political pressures, and administrative complexities that hinder its full effectiveness. The research further explores the future vision for developing the Commission’s work, which emphasizes strengthening its administrative and financial independence, enhancing its technical and human capacities, expanding cooperation with civil society and media institutions, and activating legislation that ensures the protection of whistleblowers and witnesses.
The study concludes that appealing the Commission’s decisions is not merely a legal procedure but an essential guarantee for consolidating justice and strengthening public trust in institutions. Moreover, developing the Commission’s work is a national necessity to effectively combat corruption and secure a future of greater integrity and transparency, contributing to the establishment of a strong state capable of achieving sustainable development and safeguarding public funds.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research presents a comparative analytical study of the past and contemporary procedures related to contracts for the sale and lease of state-owned property in Iraq and Egypt, in light of the legal and economic importance of such assets as part of public funds. The study adopts a comparative analytical approach to highlight the similarities and differences in the legal and administrative frameworks of both countries, identifying deficiencies in legislative and practical applications. The study concludes that there are notable differences in procedural efficiency and oversight effectiveness, with both systems lacking unified and modern legislation. A set of recommendations is proposed to improve legal frameworks and promote transparency and sound governance in managing state property.

Abstract: judiciary as one of the most significant challenges arising within judicial systems characterized by a plurality of judicial bodies, particularly under the dual judicial system that distinguishes between administrative courts and ordinary courts. The importance of this study lies in the fact that jurisdictional conflicts may result in delays in adjudicating disputes or in the issuance of contradictory judgments, thereby undermining the principle of legality and adversely affecting the guarantees of justice and the protection of individual rights. Accordingly, the research seeks to clarify the concept of conflict of jurisdiction, its causes, its various forms, and the competent authorities responsible for resolving it, with particular emphasis on the legal regulation within Iraqi legislation while drawing on selected comparative applications.
The study adopts the descriptive method to present the theoretical framework of the concept of jurisdictional conflict by defining its legal meaning and identifying its types. From an institutional perspective, the conflict may arise either between courts belonging to the same judicial branch or between different judicial bodies. From a substantive perspective, it manifests in the form of positive conflict, negative conflict, or conflict resulting from contradictory final judgments. In addition, the analytical method is employed to examine the legal provisions governing the distribution of jurisdiction and to analyze the deficiencies or ambiguities that may give rise to such conflicts. Among the most prominent causes identified are the lack of precise criteria for allocating jurisdiction, ambiguity or instability in legislation, frequent legislative amendments, delays in issuing implementing regulations, and the multiplicity of judicial authorities within a federal system.
The study concludes that the existence of a competent judicial authority to resolve jurisdictional conflicts constitutes a fundamental safeguard for the proper administration of justice and the prevention of denial of justice, whether by determining the court competent to hear the dispute or by addressing conflicts between final judgments. It further emphasizes the necessity of reforming procedural legislation, unifying judicial interpretation, and strengthening coordination between administrative and ordinary courts in order to reduce instances of jurisdictional conflict, promote legal certainty, reinforce confidence in the judicial system, and ensure effective protection of rights and freedoms.
© 2023 TUJR, College of Law, Tikrit University