Basra studies journal

The civil responsibility of a notary is realized as long as there are many obligations placed on him during his professional career, especially considering the close link between him and those dealing with him, as he is a place of trust and a witness to their actions, entrusted with their secrets. However, individuals, in general, are not aware of all the obligations of the notary, and a breach of any of them leads to the realization of his civil responsibility. He is obligated to consider the legal situations defined by the legislator while adhering to the ethical obligations imposed on him by practical reality. This is a result of the penetration of his work among the members of society, aiming to be a trustworthy figure capable of perpetuating the essence of his authentic work. The human desire for justice is linked to the continuous development of society, reflecting the need to regulate individuals' behaviors within the framework of the law.
Therefore, a notary may overlook following the legal procedures and implementing what should be executed, leading to mistakes that trigger the responsibility that is only realized if it becomes a violation of one of his obligations, whether intentional or a result of negligence. Various cases can be examined to establish the civil responsibility of the notary, whether occurring before or after the notarization process. If an error arises that violates any of these obligations, the affected party, whether related or unrelated, has the right to seek compensation by filing a civil responsibility lawsuit against the notary.
Keywords: obligations, breach, notary public, civil liability, documentation.

In order to develop a comprehensive or general theory of presumed damage applicable to real-life scenarios, especially considering the concept or theory of presumed fault, a study and investigation of the applications of presumed damage that reinforce its existence is necessary. This involves examining cases in which the legislator explicitly stipulates the presumption of damage in Iraqi law and the laws relevant to the research. After outlining the idea of this study in its theoretical framework, it is crucial to enhance it with practical applications. Any legal theory gains significant importance only when it finds practical applications in the legal field. Presumed damage has numerous practical cases and applications, giving this topic great importance and a distinctive position.
These cases reveal that the legislator, to varying degrees, has exempted the affected party from proving the damage suffered. In some cases, the legislator presumes damage conclusively, making it non-disputable. In other instances, the presumption of damage is subject to rebuttal.
Keywords: Damage, Contractual Liability, Penalty Clause, Delay Damages.

In the world, there are approximately one billion people with disabilities, constituting about 15% of the global population. They are considered one of the vulnerable groups in the international community. Therefore, there is a recognized need for the international protection of this category both in peacetime in general and during armed conflicts in particular, similar to the protection afforded to non-disabled individuals. The Geneva Conventions of 1949 and their Additional Protocols of 1977, applicable during armed conflicts to all victims, whether international or internal, outline various ways and commitments imposed on the parties involved at those times to protect persons with disabilities, whether indirectly or explicitly.
International humanitarian organizations play a significant role in reporting on the situation of people with disabilities during armed conflicts. These are crucial aspects covered in our study, which includes defining armed conflicts and their types, examining the relationship between armed conflicts and persons with disabilities concerning the role of international humanitarian law in their protection, and outlining the obligations imposed by international humanitarian law on conflict parties to safeguard them. Additionally, the research explores the role of humanitarian organizations in protecting persons with disabilities, including the United Nations, its agencies, and humanitarian organizations in collecting and analyzing data related to people with disabilities during armed conflicts, and the right of persons with disabilities to participate in humanitarian assistance operations.
Keywords: Armed conflict, Prolonged conflict, Persons with disabilities, International humanitarian law.

The phenomenon of climate change is currently one of the most important environmental issues, resulting from natural factors such as gases emitted from volcanoes or greenhouse gases produced by glasshouses, as well as human factors arising from increased human activities and the consumption of non-renewable energy sources. This poses a threat to global security.
Therefore, climate change has become an undeniable matter, comparable in danger to human wars. Thus, climate change is now considered a threat to peace and international security. The Canadian climate scientist and 2019 Champions of the Earth award winner, Catherine Hayhoe, described this issue by stating, "We humans all want the same thing – a safe place to live on this planet we call home – and while our work must remain objective and unbiased, we increasingly find our voices rising to add to the clear message: that climate change is real, humans are responsible, impacts are serious, and we must act now."
Due to the seriousness of the consequences of climate change, it has become imperative for the international community to establish regulations and foundations for managing this complex issue. Efforts should be made to address it before it worsens, with the primary global goal being to reduce the Earth's temperature by 2 to 1.5 degrees Celsius and restore it to pre-industrial levels by the year 2050.
Key words: Climate change phenomenon, causes of climate change, impacts resulting from the phenomenon of climate change.

This research sheds light on the supervisory role exercised by constitutional judiciary over the activities and conduct of the caretaker government. It explores the conditions and the locus standi of constitutional lawsuits and the impact of formal and substantive violations committed by this government. The study also investigates how the constitutional judiciary, represented by the Supreme Federal Court, addresses these issues.
It delves into the legal obstacles hindering the court\'s ability to fulfill its role in a manner that upholds the principle of legitimacy and the rule of law by ensuring the caretaker government adheres to the correct path.
The comparative method was adopted, comparing with France and Lebanon, to study how constitutional oversight is exercised in these two countries and whether it includes scrutiny of systems or government decisions or is limited to laws only.
The findings reveal that both France and Lebanon restrict the oversight of constitutional judiciary to laws and decisions with the force of law. Administrative justice exercises oversight over other decisions. In Iraq, the constitutional judiciary oversees both laws and systems without discrimination, as long as they are enforceable. Administrative justice also oversees governmental decisions, especially those of a purely administrative nature.
The research concludes that the Supreme Federal Court in Iraq needs legislation precisely defining the types of government decisions subject to its oversight. Additionally, legislation is needed regarding one of its important powers: deciding on accusations against the government.
Keywords: Control, Constitutional Judiciary, Government, Caretaker.

"Often, we witness many minors and juveniles deviating or becoming homeless, and we wonder about the reasons that lead them down this path. One of the reasons that may drive them is the neglect of their guardians in providing proper care that protects them from harm. The Iraqi Law for the Care of Juveniles, effective Law No. 86 of 1979, in Article 29 states:
1. Firstly, any guardian who neglects the care of a minor or juvenile, leading to their homelessness or deviant behavior, shall be punished with a fine of no less than one hundred dinars and not exceeding five hundred dinars.
2. Secondly, the penalty shall be a fine of no less than two hundred dinars and not exceeding one thousand dinars if this neglect results in the juvenile committing a misdemeanor or intentional crime.
To establish this crime, both its material and moral elements must be present. In our discussion, the material element is realized when the guardian exhibits behavior that falls short of their duty in caring for the minor or juvenile, leading to their homelessness or deviation. There must be a causal connection between the neglect and the result, as stipulated by Iraqi penal law concerning the causation theories."
Keywords: elements of crime, negligence, guardian, minor, juvenile, crime, behavior, causal relationship, result, deviation, homelessness.

In this research, we examine the role played by the administrative judiciary in settling disputes arising from the application of retirement laws and regulations, specifying its jurisdiction. After investigating the issue around which the research revolves, it became evident that the method currently employed to resolve these disputes in Iraq is not sufficient to strike a balance between conflicting interests. These interests involve the administrative authority's right to issue administrative decisions and the retirees' interest in protecting their retirement rights. The Iraqi legislator has adopted an approach in handling these disputes that differs from its approach in other disputes. It established a specialized administrative committee entrusted with the task of resolving disputes arising from the application of retirement laws. The committee's jurisdiction is specifically focused on settling retirement-related disputes.
Keywords: Retirement Referral Dispute, Administration's Jurisdiction in Referring to Retirement, Methods of Referral to Retirement, Pension Entitlement Disputes, Pension Salary Dispute, Retirement Bonus Dispute."

The general concept of diplomatic immunity abuse is one of the most critical issues that affect the security of the host country when diplomatic envoys misuse the diplomatic immunity granted to them in light of the Vienna Convention on Diplomatic Relations of 1961. Diplomatic envoys exploiting their immunity and using it as a justification for committing abuses lead to situations far from the legal legitimacy for which immunity was granted. Therefore, we divided the research into two sections, addressing in the first section the concept of diplomatic immunity abuse, and in the second section, the forms of diplomatic immunity abuse.
Keywords: Diplomatic Immunity Abuse, Diplomatic Envoy, Vienna Convention on Diplomatic Relations of 1961, Diplomatic Espionage, Abuse of Diplomatic Bag.

The theme of this study revolves around the mechanisms for controlling the constitutionality of laws before the Supreme Federal Court and their relationship with the suspension of the execution of the law challenged constitutionally before it, and the limits of the authority of the Iraqi constitutional judge in applying urgent interim measures as a primary means to resort to by the Supreme Federal Court to remedy the harmful effects resulting from the implementation of the challenged legislative text. In order to reach the results and recommendations that emerged from this study, it was divided into demands and branches using a methodological and analytical approach. The most important proposals were the necessity of amending the law of the Supreme Federal Court by including an explicit and direct provision allowing the suspension of the execution of the legislative text challenged constitutionally before the Supreme Federal Court, and not relying on what its internal regulations provide with regard to referral to general procedures.
Key words: Supreme Federal Court, constitutional lawsuit, suspension of execution, urgency, governorate order.

There are multiple jurisprudential approaches regarding the exploration of the basis of contractual benefit in reciprocal contracts. Some scholars have linked it to the concept of "cause," while others have linked it to the concept of "subject matter." Establishing the basis of benefit requires us to delve into its legal foundation from both legislative and jurisprudential perspectives. The principle is that contracts are binding for fulfillment, but unforeseen circumstances may prevent the realization of benefit for both parties at the time of contract formation or during the execution stage. This issue has been addressed by the Iraqi Civil Code and comparative laws, which we will elucidate in this study.
Keywords: benefit, quantitative reason, place, emergency conditions, hidden defect.

The topic of sustainable development has garnered significant attention in the past two decades, given the newly emerging financial and social problems and crises globally, affecting countries, including Iraq, to varying degrees. This prompted the world to adopt theories, mechanisms, and guarantees aimed at achieving social justice, environmental protection, and sustainable growth that preserves the rights of future generations.
One of the significant challenges highlighted in this study is the absence of constitutional and legal regulations governing the right to sustainable development in Iraq. The constitutional judiciary in Iraq plays a fundamental and effective role in protecting the right to sustainable development through crucial elements such as the independence, integrity, and neutrality of the judiciary, ensuring justice, safeguarding rights and freedoms, and implementing the principle of legitimacy. This, in turn, contributes to achieving sustainable development. Additionally, its role in overseeing the constitutionality of laws serves as a regulator for societal progress in various fields.
Respecting human rights, including the right to sustainable development, is an essential element in building civil and democratic societies.
Keywords: Judiciary, Constitutional, Development, Sustainable, Iraq.

Sharif The prominent shift in this field is the issuance of cryptocurrencies through electronic programming, where payment is made directly through peer-to-peer transactions. The expansion of modern electronic technologies, the multitude of relevant entities, and the diversity of policies and goals have led to a lack of clarity in vision and effective coordination among the involved parties due to the differences in their technical domains. This makes criminal protection difficult to define and establish. Thus, it is necessary to restrict the principles of currencies, specify the conditions for dealing with them, and determine their risks on the national economy and the monetary policy of the state.
Despite official warnings about dealing with these innovations due to the risks they entail and their insecure use, such as money laundering and terrorism financing, this calls for the establishment of a legal regulatory system to criminalize dealing with these currencies in case of violation of specific legal provisions and to minimize their risks as much as possible.
Keywords: Cryptocurrencies, digital currencies, monetary policy, penal effects."

The concept of an open government refers to a government that shares its information with individuals, encourages their participation in decision-making, and provides mechanisms for holding the government accountable. This new constitutional concept is subject to continuous change, particularly as it navigates conflicting interests and is influenced by various factors, including the government's own objectives in accessing information.
Participation, transparency, and accountability remain fundamental goals of an open government. This right is one of the methods of governance that ensures individuals have access to documents and procedures of the executive and legislative branches, allowing effective oversight by individuals. Adopting this constitutional principle underscores a country's credibility in respecting rights and freedoms.
This right grants access to any information related to its humanitarian activities, covering all other rights.
Keywords: Open Government, Information Disclosure, Transparency, Defense Secrets.

اشترط المشرع العراقي شروط معينة لابد من توافرها في المرشح للوظيفة العامة عند تعيينه، وأن فقدان هذه الشروط كلها أو قسم منها يسمح لسلطة التعيين اللجوء إلى إنهاء رابطته الوظيفية عن طريق إقصائه من الوظيفة، وأحد أهم تلك شروط هو توفر شرط المؤهل العلمي للمتقدم على الوظيفة؛ لما يشكله من أهمية للعمل الوظيفي في الاختصاصات المختلفة، إذ ليس من المعقول أن يشغل الوظيفة من لا يتوفر لديه المؤهل العلمي لشغلها والقدرة والخبرة على التعامل مع متطلباتها ، ففي حال فقدان هذا الشرط تلجأ الإدارة عادة إلى إقصاء الموظف لفقدانه شرط من شروط التوظيف، ولاحظنا أن الإدارة قد تلجأ إلى إعادة تعيينه على أساس الشهادة الأدنى لذا ارتأينا دراسة رقابة القضاء الإداري على سلطة الإدارة في اللجوء إلى الإقصاء عند عدم توفر شرط المؤهل العلمي.
الكلمات المفتاحية: الإقصاء، الوظيفة العامة، المؤهل العلمي، القضاء الإداري، رقابة.