Sumer Journal of Legal Sciences

Offenses against the due administration of justice constitute some of the most serious crimes endangering the integrity of the judicial system. Their consequences frequently results in grave damage, the effects of which extend to encompass society in its entirety. This category includes crimes that undermine public order and the administration of justice. By their very nature, they are not offenses committed by one individual against another, rather, they are crimes committed against justice itself. Such offenses threaten the effectiveness of judicial enforcement and extend their impact to undermine the authority of the judiciary and public confidence in judicial rulings. Among the most prominent of these crimes is the offense of destroying judicially seized property.

The rules of procedural law are not merely rigid procedural forms and designs devoid of any objective idea or realistic dimension. Ultimately, these procedural rules remain legal rules with the general characteristics of such rules, including that they are social rules, meaning they regulate relationships and connections within society, encompassing all that it contains From social, economic, political, and ethical ideas that reflect those ideas in their content, the procedural legal rule also remains laden with the prevailing ideas and philosophies in society Among them are the ethical ideas and values that this research will aim to clarify in some of their forms as models that confirm that procedural actions were not designed as mere formalities, but rather express realistic choices with an ethical dimension.

This study explores the impact of digital transformation on civil contracts in Iraqi and Emirati law, with a focus on the validity and enforceability of electronic contracts. Digital transformation has reshaped traditional legal concepts, requiring the modernization of contractual frameworks. The research shows that electronic contracts maintain the essence of traditional agreements while utilizing digital tools such as electronic signatures and digital documents. It highlights that both Iraqi and Emirati legislations grant significant legal weight to electronic documents, albeit with some variations in rules of evidence and legal challenges. The study concludes by emphasizing the need for legal adaptation to ensure legal certainty and the protection of parties in the digital era.

International data indicate that technology-facilitated violence against women is widespread, with approximately 85% of women worldwide having experienced some form of online violence, while 38% have been directly affected. These figures reflect the scale of the psychological and social risks women face in digital spaces. Data from UN Women further indicate that about 21% of women in Iraq have been subjected to electronic violence, including cyberbullying and digital blackmail, with many experiencing repeated violations. Such violence results in long-term psychological and social consequences, including depression, anxiety, and a diminished sense of safety, which may lead to social isolation or, in extreme cases, suicide. In response, some victims resort to silence or deactivate their digital accounts to protect their privacy.
This situation necessitates the development of effective preventive and legal policies at both the national and international levels to address electronic violence. At the international level, various measures have been adopted, including the conclusion of agreements and the organization of conferences aimed at limiting this phenomenon and protecting women’s rights. At the national level, several legislative measures and institutional mechanisms have been established to combat electronic violence, particularly in light of the rapid expansion of technology and the emergence of the Internet and artificial intelligence, which have contributed to the escalation of this phenomenon. Nevertheless, despite these efforts, rates of electronic violence remain high, highlighting the urgent need for more comprehensive and effective measures to ensure adequate protection for women.

Based on the international legal framework established by the UN Charter, the Security Council, as an executive body, possesses broad powers under Chapter VII of the Charter. These powers stem from the expanded interpretation of the concept of \"threat to international peace and security\" to include acts of terrorism. This expansion was achieved through a series of landmark, binding resolutions, such as Resolutions 1373, 2199, 2170, and 2178, issued in the aftermath of the September 11 attacks. These resolutions broadened the Council\'s authority to impose preventive and preemptive measures on member states, led to the establishment of the Counter-Terrorism Committee, and obligated states to amend their domestic legislation. The study also reveals the dominance of the political dimension in the Council\'s work. The geopolitical interests of the permanent members and their veto power influence its decisions, leading to double standards and undermining its legitimacy. Despite the binding nature of its resolutions under Chapter VII, they raise questions about the potential for violating state sovereignty and human rights under the pretext of combating terrorism. Furthermore, numerous political and economic dimensions intersect, complicating the international community\'s response and the Security Council\'s ability to achieve a balance between these considerations. Requirements for political action and strict adherence to standards of legitimacy and international law.

The reality of administrative legislation in Iraq in the post-2010 period, a time marked by significant legislative and administrative transformations in the structure and performance of public administration, necessitates an analysis of the role of administrative legislation in promoting the principles of good governance, particularly transparency and accountability. This analysis should also examine its contribution to supporting policies for combating administrative and financial corruption and improving institutional performance, given the existing gap between administrative legislation and its practical application. Furthermore, the legislative system suffers from legal bloat and fragmentation of laws and regulations, weak alignment with modern governance standards, inadequate legal drafting, weak implementation and oversight mechanisms, and overlapping administrative jurisdictions. Therefore, it is essential to deconstruct legal texts and draw upon international experiences in measuring the impact of legislation on institutional performance and combating corruption. This underscores the need for a comprehensive review and systematic modernization to transform administrative legislation into an effective tool for achieving administrative reform and building good governance in Iraq.

With the worsening water crisis in Iraq, the need to curb water waste and its misuse, as outlined in the state\'s strategic plans, has become urgent. To achieve sufficient deterrence for water conservation, the administration must exercise its authority by imposing administrative and financial penalties, either directly or through the judiciary. Therefore, we adopted a descriptive-analytical approach to study the problem of \"What legal powers are available to the administration to impose administrative penalties of a financial nature, either directly or through the judiciary, to protect water resources?\" We hypothesized that \"enabling the administration to impose financial penalties directly, or through the judiciary, will achieve its goal of preserving water resources and preventing their depletion.\" Our findings include the effectiveness of administrative penalties of a financial nature in preserving water resources efficiently and quickly, a characteristic superior to imposing financial penalties through the judiciary. However, these penalties can lead to administrative abuse and exceeding its authority, necessitating administrative oversight during their implementation. Furthermore, the suspension of Article (11) of the Irrigation and Drainage Networks Maintenance Law No. 12 of 1995 is a significant factor. Water management has lost much of its effectiveness. We have proposed strengthening the penalties stipulated in some water-related laws, amending certain laws, and reinstating others after addressing their constitutional violations

Cyber extortion is a modern crime that threatens individuals\\' rights and freedoms, especially their right to privacy and security. Therefore, this research aims to shed light on the impact of cyber extortion crimes on the development of the concept of harm in Iraqi civil law. And to demonstrate the adequacy of the general rules of civil liability in addressing digital damages arising from this type of crime. We have adopted the use of the descriptive analytical method, through studying and analyzing the crime of electronic extortion and its legal effects. The research concluded that cyber extortion crimes have contributed to expanding the concept of harm in Iraqi civil law to include digital, moral, and psychological damages, in addition to traditional material damages. While the general rules of compensation in Iraqi civil law are theoretically capable of encompassing digital damages, they are insufficient on their own to address all aspects of cyber extortion. Therefore, we recommend that the Iraqi legislature include explicit provisions in the Iraqi Civil Code recognizing digital harm, specifying its types, and outlining the grounds for compensation.

Trading in Bitcoin has implications for corporate capital, future financial transactions, and corporate financial stability due to its high price volatility. This increases the risks associated with including it as a capital asset, despite opportunities for hedging or profiting from its appreciation. In the absence of direct legislation in Iraq concerning cryptocurrencies, unregulated trading contributes to increased risks related to capital management within companies, particularly in the lack of clear rules for disclosure and legal accounting. This necessitates the issuance of comprehensive international legal regulations for cryptocurrencies (Bitcoin), given their cross-border nature and lack of connection to a central monetary system. Furthermore, the Iraqi legislature should work towards explicitly including cryptocurrencies like Bitcoin within the Anti-Money Laundering and Counter-Terrorism Financing Law No. 39 of 2015. This law should clarify the circumstances under which dealing in digital currencies constitutes a crime, specifying the penalties and legal procedures

This study examines the legal impact of employing Artificial Intelligence in the judicial system as a tool to enhance swift justice, using a comparative analytical approach among Iraqi, Egyptian, and Emirati legislation. The research addresses the challenge of reconciling expedited judicial procedures with issues of legal liability and fair trial guarantees under AI algorithms. The study concludes with the necessity of filling the legislative gap in Iraqi law and establishing frameworks to regulate these technologies. It recommends adopting a legislative strategy that ensures technology does not override the human element in the judiciary.

The constitutions differ in the personal sphere of criminal responsibility of the members of the executive branch. Some of them expand considerably in the persons under this jurisdiction, under which most of the members of the executive branch begin with the head of state and end with the general staff. Some constitutions limit it to senior officials in the executive authority (head of state and cabinet) In terms of objectivity, this is the case, as some constitutions define it as treason, while others expand it to cover crimes of crimes and crimes

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

. A juridical person is a legal fiction or imaginary entity on which a legal status is compared to that of a natural person. It is endowed with the most significant traits of legal personality: the first of them is an independent financial liability (separate patrimony). Through such independence, a juridical person can be sued on its own without necessarily having to litigate against its members. The compared legislations have provided the right of litigation to the juridical persons meaning that they may have a right to appear before the court whether as plaintiffs or defendants, which naturally extends to their financial responsibility. This paper aims at analyzing litigation against juridical persons and how this litigation helps in securing judicial safeguarding of their interests. One of the most significant procedural issues in the civil procedural law is litigation. It is normal that there are some conditions to qualify a lawsuit to be heard in the courts with the first being good litigation (standing) in accordance with Articles (4) and (5) in the Civil Procedure Law. Where this requirement is not met, the claim will be inadmissible and should be dismissed. This condition is required to be checked by the court itself, since the defense of the inability to have a proper standing is the issue of the social order and can not be waived or ignored by the parties

The increasing use of unilateral sanctions raises profound legal issues related to the principle of state sovereignty and equality, the limits of the legitimacy of intervention in internal economic affairs, and the extent to which these measures comply with peremptory norms of international law. The fundamental principle of the international legal system is that coercive measures of an economic nature are only legitimate if imposed collectively and through specific mechanisms aimed at maintaining international peace and security. However, practical reality reveals a significant expansion in the imposition of unilateral sanctions, whose effects extend beyond the targeted state to impact third parties. This raises serious questions about the extent to which these practices respect the foundations of international legitimacy.

Drug-related crimes are among the most serious criminal phenomena threatening Iraqi society due to their profound legal, social, and psychological consequences for individuals, families, and the community. This phenomenon has worsened significantly in Iraq in recent years as a result of a number of interconnected factors, most notably personal and social factors such as negative peer influence, weak parental supervision, and the impact of media and the internet, in addition to economic and security factors that have contributed to the spread of drugs. Therefore, it is necessary to shed light on the causes leading to drug-related crimes and to clarify their legal ramifications under Iraqi legislation, as well as their social and psychological effects, which lead to behavioral problems, weakened social cohesion, and in some cases, suicide or the commission of other crimes. This will contribute to strengthening legal and social efforts to combat these crimes and reduce their risks.

During a field analysis of the investment climate in Babylon Governorate, we found that many investment projects across all sectors—industrial, tourism, and residential—contribute significantly to reducing unemployment in the governorate. However, investor reluctance to implement projects, delays in project completion, and the ineffectiveness of current legal procedures stipulated in the amended Investment Law No. (13) of 2006 hinder progress. Therefore, addressing the problems and shortcomings plaguing the investment sector will have a positive impact on Iraqi society by creating job opportunities, addressing unemployment, and reducing the burden on state institutions to provide employment for young people.

This article examines the legal framework of the maritime bill of lading, focusing on its concept, legal nature, and multiple functions, and clarifies the impact of these functions on its evidentiary value. It concludes that the bill of lading possesses a specific legal character that justifies its subjection to a special evidentiary regime distinct from the general rules governing ordinary documents. The study further analyzes the evidentiary value of the bill of lading under comparative legal systems, highlighting the distinction between its probative effect within the contractual relationship and its effect against third parties acting in good faith. It demonstrates that comparative laws and international conventions reinforce the evidentiary force of the bill upon its transfer, in order to protect commercial credit and ensure the stability of maritime transactions. The research also examines the position of Iraqi legislation and judicial practice, revealing the absence of a specific legal regulation governing maritime bills of lading and the consequent reliance on general rules of evidence. This situation has led to inconsistency in judicial decisions and practical evidentiary difficulties before Iraqi courts. The study concludes by emphasizing the need for specific legislative intervention in Iraq to regulate maritime bills of lading, enhance their probative value, and keep pace with modern developments, particularly the recognition of electronic bills of lading, in support of legal certainty and maritime trade.

Guardianship in marriage contracts is one of the most sensitive and complex matters due to the difference in Sharia and legal texts regarding the establishment and meaning of guardianship. What increases the complexity of this issue is knowing the position of the guardian and knowing the limits of his powers, whether he is a party to the marriage contract or he is merely an agent. One of the important things we have concluded is that Islam has granted the woman complete financial independence, as it made the dowry her exclusive right, and the guardian’s authority is restricted to the concept of care and not ownership. Applying this concept in practical reality is considered an important step towards establishing justice and equality stipulated by Islamic Sharia and positive laws in family and financial relations.
In conclusion, the research emphasizes that implementing these rulings in Muslim societies contributes to preserving the dignity of women, reinforcing family values based on mutual respect, and fulfilling the objectives of Sharia in protecting wealth, life, and honor. Adherence to these principles thus becomes both a legal and social necessity for achieving family stability and justice among members of society.

According to the provisions of Article (116) of the Constitution, it is clear that the federal system in Iraq consists of four levels of government, namely the capital, regions, decentralized governorates, and local administrations. The other is to study the status of the non-organized governorates in a region to know the mechanism of formation, and as it has been shown, the decentralized governorates are considered one of the components of the federal system, as well as being administrative departments that are managed according to the system of administrative decentralization in accordance with the provisions of Article (122) of the Constitution, considering that the governorates that are not organized in a region if they follow the path of Article (119) of the Constitution, their political description will change from being a federal political unit to being an administrative unit that makes up the region, in addition to disconnecting their administrative ties with the center, considering that Article (122) The constitution relates to the provinces that are not organized in a region, and does not belong to the governorates that make up the regions, so the formation of the regions was chosen because it consists of another political component that operates under a federal administrative system rather than being an administrative unit that makes up the regions

The rapid pace of technological development has led to the emergence of modern contracting models and reshaped some traditional concepts in contract theory, particularly the element of consent, the mechanism of offer and acceptance, the time and place of contract formation, and the rules of evidence. The electronic contract is considered one of the most prominent applications of the contemporary digital environment and a form of modern contracting based on digital media. This has raised legal questions about the adequacy of traditional civil rules for regulating it. Our study focuses on the provisions of the Iraqi Civil Code No. (40) of 1951, as amended, and the Electronic Signature and Transactions Law No. (78) of 2012. Furthermore, it examines the element of consent by analyzing the means of electronic expression of intent and their legal validity. The digital transformation has not affected the essence of the civil contract but has brought about a fundamental development in the means of forming and proving the contract. This necessitates the reformulation of traditional civil texts in light of the modern digital environment. The Iraqi legislator has not provided a comprehensive legal framework for the theory of the electronic contract through the Electronic Signature and Transactions Law. This highlights the need for legislative intervention to include an explicit regulation of electronic contracts within the Iraqi Civil Code, thereby enhancing confidence in electronic transactions

The legal challenges for medical professionals are complex and varied, centered around liability for medical errors, including civil and criminal liability, and ensuring compliance with changing laws. Consequently, implementing this may be difficult in balancing the requirements of the profession and the well-being of the physician, which requires a balanced legal framework that protects the rights of the patient and ensures the protection of the health practitioner at the same time. Moreover, practitioners of this profession, including doctors of various specialties, their assistants, pharmacists, public and private hospitals, and others working in this noble profession, must exert efforts in their work to preserve the patient\'s body and life. The patient, who places himself at the disposal of the doctor and other workers in this field, needs legal protection from the dangers that occur during the practice of medical work on him or in connection with this work that threaten his safety and endanger his life. Medical errors are not of a single nature; they may be contractual or non-contractual, or they may be directly or indirectly related to the principles of medicine. These errors, in turn, lead to the establishment of civil liability on the shoulders of those working in the medical field if they cause harm to the patient or others. The forms of these liabilities have multiplied within the framework of medical work, as they do not only arise from the personal error of the one practicing medical work, but also from the error of his assistants who work with him

A share represents a shareholder's stake in a joint-stock company, equivalent to a partner's share in a partnership. It is the instrument granted by the company to the shareholder upon joining and serves as proof of their rights with the company. Shares are generally tradable. A key characteristic of shares is that they are of equal value; they cannot be issued in varying values. However, as an exception, a company may issue different types of shares to grant advantages to some shareholders over others. These are called preferred shares, which give their holders preferential access to profits, voting rights, or the proceeds of liquidation. The purpose of issuing preferred shares is to ensure a majority for local shareholders in a company's general assembly, even if the foreign shareholders do not hold a majority of the capital. Therefore, it is important to clarify the legal rules governing these shares and to determine whether or not there is a conflict between issuing them and the principle of equality among shareholders in the company.

This study examines the governance of public expenditure and ensuring financial sustainability by reviewing the legal framework regulating public spending and the role of oversight bodies in ensuring financial compliance. The study also highlights the impact of economic crises on public spending policies and strategies for expenditure rationalization to address financial challenges. The findings indicate that applying financial governance principles, such as transparency, accountability, and efficiency, is crucial for achieving financial balance and economic sustainability. The study also emphasizes the importance of long-term financial planning and developing flexible financial policies to reduce fiscal deficits and promote economic growth. The study recommends the development of financial legislation, the empowerment of regulatory bodies, and the adoption of innovative and sustainable financial strategies to enhance public expenditure efficiency and ensure the optimal use of financial resources.

While freedom is enshrined as a fundamental right in both international conventions and Arab constitutions, it is not absolute. It is subject to key constraints derived from international human rights law, summarized in Article 19 of the Universal Declaration of Human Rights as: respect for societal values and fundamental principles; protection of individual rights and freedoms; and ensuring the preservation of national security and public order. A study of the application of these constraints in the legislation of several Arab states reveals an important finding: theoretical harmony between international and national frameworks. However, it also highlights the practical challenge posed by the broad interpretation of these concepts and the potential for their misuse to arbitrarily expand the scope of these restrictions. This would transform them from tools for achieving balance into tools of repression. Therefore, achieving a balance between freedom of expression and other legitimate interests depends on the existence of clear legal texts.

Self-defense is one of the most common legal justifications for criminal behavior in the Iraqi Penal Code. It grants individuals the right to defend themselves and their property against any unlawful attack, equating the right of an individual to defend themselves and their property with the obligation of society to maintain order. However, this right is not absolute; rather, it is subject to conditions and restrictions established by Iraqi law to prevent it from becoming illegal. This research aims to analyze the legal texts related to self-defense through a critical approach, define the concept of self-defense and its legal nature, and evaluate the limits of self-defense within the context of the relevant legal texts. The research indicates that the general interpretation of the permissibility of something is that it allows any criminal behavior, such as self-defense, to occur without restrictions. This interpretation is not limited to specific crimes but rather encompasses the ability to commit any legitimate crime, regardless of the description of the crime. Self-defense, as a legitimate defensive act, has legal limits that are primarily reflected in the circumstances under which it is carried out and the legal restrictions imposed on its practice and scope.

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Armed conflicts; A phenomenon whose names have varied over time, it refers to conflict between states or between factions within a single state. However, the increasing complexity of international relations, particularly in its recent form, has had its impact, with the entry of new actors. This has led the international community to adopt different mechanisms for regulating and governing such conflicts. The texts of international agreements are no longer sufficient to address them, leaving the door open for jurists and specialists in international studies to understand the reality of these developments. Therefore, we adopted an analytical approach and case studies to explore the meanings of texts in international conventions and other legal sources, aiming to clarify the criteria for classifying them according to the principles of qualitative scientific research. Non-international armed conflicts are no longer confined to a single state, especially when one of the parties is a foreign or domestic entity supported by external actors. For example, the intervention of the United Nations to support one side in an internal conflict may give it a new characterization, which necessitates defining that characterization and the effort required to determine the applicable law. This explains the calls for accepting the tripartite division of conflicts. Armed conflicts necessitate that states strive to conclude a new agreement or protocol that addresses emerging forms of armed conflict and eliminates their root causes by urging states to adhere to democratic governance principles, from the peaceful transfer of power to the equitable distribution of wealth and non-discrimination among citizens.

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Abstract:
The independence of the administrative judiciary is an essential element on which the achievement of justice depends and upon which the state of law is based, as it consolidates citizens’ confidence in state institutions, and this is what most international conventions called for and what the Iraqi legislator explicitly adopted when adopting the dual judicial system to give the administrative judge an essential role in consecrating the state of law on the basis that he is in direct confrontation with the administration, which is an integral part of the executive authority.

This study focuses on the power of review and its crucial role in ensuring the principle of legality and protecting the constitution. Review constitutes an exception to the general rule governing judicial proceedings, which limits the court's role to the requests of the litigants and the scope of the case before it. By virtue of this power, competent courts can exercise their oversight of the constitutionality of laws and regulations applied to the dispute at hand, even if these laws and regulations are not subject to the original challenge. As a court of first instance, its work is based on a set of philosophical and legal principles aimed at achieving the ultimate goal of constitutional justice: upholding the principles of the constitution and ensuring the principle of legality.

This study examines the mechanisms for providing legal guarantees to protect rights and freedoms in the face of the use of artificial intelligence technologies in the public sphere. It compares the laws of France, Egypt, and Iraq, addressing legal issues such as the adequacy of traditional public law safeguards against algorithms and the risks they pose to privacy, equality, the right to defense, and the effectiveness of judicial oversight.
Therefore, we attempted to combine a study of legislative and institutional frameworks with an analysis of relevant judicial and legal applications. The French model, supported by European jurisprudence, has established advanced safeguards based on functional transparency and the individual's right to clear information about the logic of automated decisions, while restricting the plea of technical confidentiality in a way that does not render the right of appeal meaningless. In contrast, Egypt possesses a significant legislative framework for the protection of personal data, but it still needs a clearer link between these rules and the logic of automated administrative decisions. Iraq, on the other hand, relies primarily on strong constitutional guarantees for the protection of privacy and the confidentiality of communications, the effectiveness of which remains contingent on complementing them with specialized regulatory frameworks

Dr. Huda Abbas Mohammed Reda

Abstract:
The constitutional and legal texts regulating women's rights and their participation in public life are hampered by the extent to which these texts align with the general principles of equality and non-discrimination, and by their effectiveness in removing obstacles to women's political, economic, and social empowerment. This is due to legislative and institutional impediments that hinder women's actual empowerment, such as limited political representation, legal gaps, and weak implementation mechanisms. Consequently, while Iraqi legislation includes provisions supporting women's rights, their practical application continues to suffer from shortcomings and deficiencies. This necessitates serious legislative and administrative reforms based on a comprehensive vision that considers the social and cultural realities and ensures women equal opportunities for participation and decision-making.

Administrative decision-making is increasingly relying on artificial intelligence and algorithmic systems, giving rise to a new form of administrative action: the automated administrative decision. This research explores the legal nature of such decisions, their legitimacy, and the extent to which they are subject to administrative responsibility, appeal, and judicial review. It emphasizes the importance of the principle of human oversight as a safeguard of legality and evaluates the 2024 European AI Act as a comparative model. The study also assesses the Iraqi legal system’s preparedness to deal with algorithmic governance and offers legislative and procedural recommendations to bridge the gap between digital transformation and legal accountability

This study examines the issue of job dismissal and its impact on the legal status of employees under Iraqi legislation. It focuses on cases of job dismissal arising from failure to meet the personal or objective requirements for appointment to public service.
The research analyzes the legal consequences of dismissal, particularly concerning the legality of actions taken by the employee prior to dismissal, the fate of salaries and allowances received, the calculation of service period, and the possibility of reinstatement to public service. The study concludes with a set of findings that contribute to clarifying the legal framework of job dismissal, thereby strengthening the protection of the public interest and achieving a balance between the rights of the administration and the rights of public employees.

Human trafficking is a modern form of slavery and servitude, and one of the most serious crimes that violates fundamental human rights and threatens human dignity. This crime has become increasingly dangerous with the rise of organized crime, which has transcended national borders and expanded its reach. This has necessitated international intervention and national legislation to establish a legal framework for combating and eradicating it. This research aims to clarify the legal framework for human trafficking by explaining its concept and characteristics in light of international conventions and comparative legislation. It also highlights the position of the Iraqi legislator in the Anti-Human Trafficking Law No. (28) of 2012. Furthermore, the research addresses the groups most targeted by this crime, particularly women and children, and outlines the legal safeguards established to protect victims. This strengthens the legal protection of victims and promotes the development of international and legislative cooperation mechanisms to confront this crime and reduce its spread.