Journal of Kufa legal and political science

This research aims to identify the legislative flexibility of conflict of laws rules and its impact on achieving international private justice. The research problem revolves around the following main question: To what extent does the legislative flexibility of conflict of laws rules contribute to achieving international private justice without compromising the principle of legal certainty? While legislative flexibility in conflict-of-laws rules has become a fundamental topic in private international law, given its active role in achieving international private justice, this research employs an analytical approach to study legal and jurisprudential texts, and a comparative approach to elucidate the various legislative and judicial trends regarding the legislative flexibility of conflict-of-laws rules. The importance of this research stems from its focus on a modern and sensitive topic in private international law, given the direct impact of legislative flexibility in conflict-of-laws rules on achieving international private justice and protecting the legal positions of parties in relationships involving a foreign element. The research has reached a number of conclusions and recommendations, the most important of which is that legislative flexibility in conflict-of-laws rules has become an imperative in private international law to address the rigidity that characterized traditional rules, and to ensure that the applicable law is compatible with the circumstances of the dispute and the specificities of the parties. Furthermore, strengthening the legislative framework necessitates amending or developing national and international laws to guarantee clear and binding controls on legislative flexibility in conflict-of-laws rules, thereby preventing arbitrariness and promoting justice.

Selective criminalization is one of the most prominent challenges facing criminal justice systems in contemporary societies, where social and political dimensions intertwine to form an unequal framework for enforcing punitive rules. This study aims to analyze the impact of social and political discrimination on criminalization and prosecution policies by examining the mechanisms through which hegemony and inequality are reproduced within the criminal justice system, both in the drafting of legal texts and in their practical application.

Witness testimony is considered essential evidence in disciplinary investigations conducted against public officials, given its role in uncovering the truth and forming the opinion of the competent administrative authority. However, uncontrolled reliance on this method may undermine the guarantees of public officials and cause disciplinary administrative decisions to deviate from the principle of legality. and cause disciplinary administrative decisions to deviate from the principle of legality. This research aims to study the admissibility of witness testimony in disciplinary investigations under Iraqi administrative law, clarify its legal conditions and limitations, and examine its impact on the legality of disciplinary decisions through an analysis of legal texts and judicial precedents. It concludes that more precise controls are needed to regulate the hearing of witnesses and the assessment of their testimony, in order to strike a balance between the interests of the administration and the guarantees of employees. He also concluded that codifying the admissibility of witness testimony in administrative investigations is an urgent legislative necessity, not only to ensure the proper functioning of public services, but also to establish the rule of law, protect employment rights, and achieve procedural justice, which is the essence of the disciplinary system in a modern legal state. Given the nature of employment violations, which are often committed verbally or behaviorally without leaving a written trace, the importance of this method cannot be separated from the legal issues it raises, particularly with regard to its admissibility and the conditions for its use.
Through legislative analysis, the research has shown that the amended Law No. (14) of 1991 on the Discipline of State and Public Sector Employees does not include detailed regulations on witness testimony in administrative investigations, contenting itself with a general framework that leaves the authority to assess the means of evidence to the administrative authority. This legislative shortcoming has led to disparities in practical application and opened the door to varying administrative interpretations. In light of the above, the research concluded that the issue

This research examines the nature of organ removal from the body of a criminally deceased person. It begins by defining the concept of removal linguistically and legally, in jurisprudence, and medicine, and by determining its nature and limits within the framework of protecting the human body after death. The research also clarifies the types of removal, including organ removal and tissue removal, in terms of their definition, characteristics, and functional role according to linguistic, jurisprudential, and medical perspectives. Furthermore, the research highlights the legislative shortcomings in the Iraqi Law on Human Organ Transplantation and the Prevention of Trafficking in Human Organs No. (11) of 2016, particularly the lack of explicit regulations governing the removal of human cells from the body of a criminally deceased person, in contrast to Egyptian, Emirati, and French legislation, which provides more detailed and rigorous regulations. The research concludes by emphasizing the need to develop Iraqi legal frameworks to align with contemporary medical advancements, ensure the preservation of the deceased\\\\'s dignity, and prevent any form of abuse or trafficking in human organs.

transactions, while also reducing time, effort, and costs compared to traditional contracts. However, the validity and legal enforceability of an electronic contract remain contingent upon the presence of the general elements of a contract: consent, subject matter, and cause. Furthermore, it must comply with any formalities that may be required by law for certain legal transactions. This issue is particularly important in the real estate sector, which is often subject to formal requirements such as documentation or registration. This research aims to demonstrate the feasibility of concluding real estate transactions through electronic contracts, analyze the legal framework regarding their validity and enforceability in light of the availability of offer, acceptance, and electronic signatures, and examine whether these transactions produce their legal effects or remain bound by the formalities imposed by law.

Space debris represents one of the most pressing emerging legal and environmental challenges in outer space, due to the accumulation of thousands of inactive human-made objects in Earth\'s orbit. This research explores the international legal framework governing state responsibility for damages caused by space debris, while analyzing the precautionary principle as a preventive approach to managing such future risks. The study further identifies legal gaps in existing international agreements and examines the potential for integrating the precautionary principle within the space law regime to ensure the sustainability of the orbital environment for future generations.

Constitutions are the creation of the political system and constitutional institutions. They achieve a balance between power and freedom and respond to historical transformations and social conflicts, which are then settled within the framework of those constitutional texts. Therefore, it is essential that they possess stability and permanence. This gives the constitutional framer the space to place them in final provisions, making them permanent and stable. Thus, we will clarify the concept of final provisions and constitutional permanence, and we will discuss their types and distinguish them from others. We will then examine the applications that appeared in the 2005 Constitution and how the constitutional texts, through final provisions, give them stability and permanence. We will also touch upon the legal system represented by the oversight of the constitutionality of laws, which is considered the fundamental safeguard for the permanence of constitutional rules.

This research examines the juridical principle \"The confession of rational persons agains themselves is valid\" (Iqrār al-ʿuqalāʾ ʿalā anfusihim jāʾiz) through a comparative lens encompassing Islamic jurisprudence and positive law. The study is structured around an introduction and three core chapters. The introduction defines confession (iqrār) linguistically and terminologically across the major Islamic schools of thought and in positive legal doctrine, while delineating the conceptual boundaries between confession and adjacent forms of evidence such as testimony and interrogation. The first chapter examines the Quranic, Prophetic, consensus-based, and rational foundations of the principle within Islamic law, along with the conditions for a valid confession and its legal consequences. The second chapter is devoted to confession in positive law, analyzing its legal characterization, characteristics, typologies, constituent elements, and effects under Iraqi Evidence Law No. 107 of 1979. The third chapter presents practical applications of the principle, including the proof of adultery by confession and the confession of a terminally ill person. The study concludes that confession constitutes an absolute and exclusive proof binding solely upon the confessor, and that it ranks as the foremost evidentiary instrument in both Islamic jurisprudence and positive law alike, notwithstanding certain divergences in conditions and legal consequences between the two systems.

The state’s public budget constitutes an annual financial plan of an estimated nature, formulated and prepared by the executive branch. However, it remains subject to the scrutiny and approval of the legislative branch, embodying the principle of the balance of powers in the administration of public finances. Nevertheless, this equilibrium is not immune to disruption during the execution phase. The executive branch may deviate from the parameters established by the legislature when authorizing expenditure allocations and revenue estimates, raising critical concerns regarding the adherence to financial legality in practical application .Consequently, the importance of overseeing the budget\'s execution becomes clearly evident, serving as a regulatory mechanism for the state’s financial activities, encompassing all aspects of public expenditure and revenue sources tied to the national economy. The objective of this oversight is not confined to the mere formal verification of compliance with budgetary provisions; rather, it extends to ensuring the prudent management of public funds and verifying the alignment of financial estimates with actual realizations, thereby reflecting the degree of discipline and efficiency in execution .Accordingly, the oversight of the public budget\'s execution derives its significance from intertwined considerations. The first is the imperative of adhering to the framework approved by the legislature upon authorizing the budget, which consolidates the principle of financial legality. The second consideration is ensuring a rational execution, entirely devoid of any waste or squandering of public wealth. Ultimately, this necessitates the establishment of an effective oversight framework capable of realizing both dimensions simultaneously.

Revoking citizenship is a measure taken by the state against individuals whom it deems, according to its authority, not worthy of holding its national citizenship. This includes revoking the citizenship of nationals who are proven, by a final and conclusive judicial ruling, to belong to terrorist organizations. Terrorism is considered a crime that aims to destabilize internal or international security by targeting people\'s lives or violating their right to security and tranquility or their right to live their normal lives. As a result of the increased public presence of terrorist groups, the need arose to revoke the citizenship of those affiliated with terrorist organizations in order to punish them, deter others, and preserve the security of the state and the safety of its citizens from terrorism.

The research aimed to demonstrate the importance of expanding the application of alternative penalties as a means of addressing the problem of prison overcrowding in Iraq, achieving criminal justice with a reformative nature, and reducing the negative effects of custodial sentences. We followed a legal analytical approach, along with descriptive and inductive approaches. We analyzed legal texts and reviewed the theoretical and legislative framework of alternative penalties. From this, we derived the most prominent practical and legislative findings. At the end of the research, we concluded that alternative penalties represented an important reform step in Iraqi penal policy, contributed to alleviating pressure on prisons, and helped enhance opportunities for the rehabilitation and social integration of offenders. We recommend developing the legislative framework for alternative penalties, intensifying training for judges and judicial bodies, enhancing the participation of civil society institutions, and spreading community awareness of the importance of this type of penalty in achieving deterrence and reform.

The traditional concept of State sovereignty has undergone a fundamental transformation as a result of the rapid development of information and communication technologies and the increasing reliance on digital tools in the operation of States\\' critical information infrastructures. This technological evolution has significantly increased the exposure of such infrastructures to cyber targeting, giving rise to the concept of cyber sovereignty as an extension of the principle of traditional sovereignty.
The virtual space occupied by cyberspace has become a domain capable of threatening State sovereignty, owing to the ease of access to and penetration of digital systems beyond conventional geographical boundaries.Consequently, cyberspace is now regarded as a modern form of State boundaries and an essential component of national and digital security. With the emergence of cyber sovereignty, the criteria of sovereignty have been reformulated in the context of the technological age. Sovereignty is no longer confined to territorial borders alone; rather, a fourth dimension has emerged, represented by States\\' sovereignty over their cyber domain.
Moreover, the recognition of cyberspace as a new arena of interstate conflict has led to the exploitation of legal gaps resulting from the absence of explicit legal rules within public international law governing State behavior in this domain. This situation has highlighted the urgent need for the development of an international cyber legal framework capable of addressing contemporary challenges. This need has become particularly pressing in light of the recent escalation of cyber attacks, some of which have reached the level of aggression through the destruction or disruption of vital service infrastructures, such as energy facilities and healthcare systems thereby adversely affecting.
Consequently, cyberspace is now regarded as a modern form of State boundaries and an essential component of national and digital cocurity With the emergence of
civilian populations and resulting in substantial loss of life Accordingly, it has become necessary to reconceptualize sovereignty in a manner consistent with the information age, extending beyond geographical territory to encompass the State\\'s digital domain. This has prompted States within the international community to enhance the protection of cyberspace by incorporating it within the scope of State sovereignty and by seeking to establish international legal rules to safeguard it against external threats, particularly through the conclusion of international agreements aimed at combating cyber attacks and regulating the use of cyberspace in a manner that promotes international peace and security.

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

This divergence in determining the nature of constitutional review—and the extent of adherence to the separation of powers versus the legislator's intent within constitutional limits—led to a significant development in Iraqi constitutional jurisprudence. A new approach emerged regarding challenges to the constitutionality of laws, whereby the text itself is reformulated to ensure conformity with the constitution—a practice that might be termed "liberal" or "transformative" review. Under this model, the legal text is revised—through the addition, deletion, or substitution of specific phrases and provisions—to align it with constitutional requirements. Questions have been raised regarding the compatibility of this type of constitutional adjudication with the principle of the separation of powers—specifically concerning its application under Article 47 of the 2005 Constitution of the Republic of Iraq—as the Constitution itself delineates the boundaries of judicial authority.