TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstrac: In order to recover public utility debts, the administration enjoys exceptional powers that distinguish it from ordinary creditors. These powers stem from the nature of its activity, which is inherently linked to the public interest. Accordingly, the administration relies on a set of legal procedures designed to ensure the efficient and swift collection of public funds, without the need to resort to the judiciary in every instance. Among these procedures are warning (notice), administrative seizure, and, in certain cases, imprisonment—each representing a step in a gradual escalation from precautionary measures to coercive enforcement. Thus, it becomes clear that the procedures for collecting public utility debts follow a logical and legal progression. They begin by notifying the debtor and providing an opportunity for voluntary payment, followed by more forceful methods such as administrative seizure, and may, in rare cases, lead to imprisonment. This graduated approach reflects the legislator’s intent to strike a balance between protecting public funds and safeguarding individual rights—thereby reinforcing the rule of law and preserving the dignity of the citizen.

Abstract: The issuance of asset-backed securities and the acquisition of them by investors entails several rights for their holders, as its holders enjoy financial rights that enable them to acquire them and receive returns on them represented by the principal of the debt and the interest resulting from it, and the holders of this type of securities can trade them by buying and selling, and these securities also grant their holders non-financial rights, as the availability of these rights results in the demand of investors significantly to invest in this type of securities and acquire them.

his research addresses a fundamental topic in real estate sales contracts: the seller's guarantee against exposure and entitlement. This guarantee represents a legal obligation incumbent upon the seller to ensure that the buyer can benefit from the sold property without dispute from third parties or the seller himself. The research aims to clarify the concept of this guarantee, its legal basis, types, and effects, as well as the conditions for claiming it. It focuses on its applications in civil law, particularly in Arab legal systems.
The guarantee against exposure and entitlement represents the seller's commitment not to expose the buyer personally, and to protect third parties from exposure if the property is based on a legally established right. Meanwhile, the guarantee against entitlement requires the seller to compensate the buyer in the event that the property is expropriated, in whole or in part, pursuant to a final court ruling establishing a third party's right to the sold property. Given the many problems related to real estate, which are often caused by a lack of legal awareness and understanding of how to own the sold property and the legal methods available to those working in this field and those wishing to invest in it, I have prepared this modest study. The aim of this study is to shed light on the guarantee that falls on the seller. Therefore, the Iraqi, Egyptian and Lebanese legislators were keen to provide guarantees and obligations for the real estate sale contract that fall on both parties, with the aim of achieving a balance between the interests of the seller and the buyer. This matter contributes to spreading reassurance in transactions and enhances development in the field of real estate investment. Among these guarantees are those related to the seller, such as a guarantee of personal exposure or legal exposure issued by a third party against the buyer, as well as a guarantee of entitlement to the sold property, whether it is a full or partial entitlement.

Abstract: Multiple opinions have emerged in jurisprudence regarding the legal nature of the assignment of a construction contract. Some have considered that the assignment of such a contract amounts merely to an assignment of rights and an assignment of obligations. In contrast, another opinion holds that the assignment cannot be fragmented; rather, it constitutes a single legal operation that transfers the contractual position as a whole. In light of this divergence, most legal systems have not recognized the unity of the contract upon its transfer, due to the absence of specific regulation. Nonetheless, it appears that the view favoring the unity of the assignment—despite criticisms—is more compelling, as transferring the contract or the contractual position in its entirety preserves the contractual relationships and their effects, whereas fragmenting the contract into rights and obligations hinders the transfer of licensing rights.

In this context, the carrier’s liability is considered a central aspect of the contract for the transport of hazardous goods, as the carrier bears strict obligations related to the protection of the goods, ensuring safe transport, and complying with the applicable legal regulations. The law also defines the responsibilities of the other parties to the contract, such as the sender and the recipient, particularly regarding the disclosure of the nature of the hazardous goods and ensuring their proper packaging and labeling.
This section examines the legal framework governing the liability of the parties in the contract for the transport of hazardous goods, focusing on the scope of the carrier’s civil liability, identifying the cases of exemption, and outlining the conditions for compensation for damages resulting from accidents that may occur during transport. The legal provisions aiming to strike a balance between safety requirements and the protection of the legal rights of the contracting parties will also be highlighted.
This study derives its importance from addressing a vital topic that requires special legal attention to ensure public safety and legal fairness in contracts for the transport of hazardous goods.

This study examines the conditions for the admissibility of a constitutional case before the Federal Supreme Court, as the competent authority entrusted with exercising judicial review over the constitutionality of laws and regulations in force. These conditions are classified into four principal categories.
First, the conditions relating to the contested act require that it be a valid and enforceable legal instrument producing legal effects, and that it entails a plausible allegation of unconstitutionality warranting judicial scrutiny. Second, with respect to the claimant, there must be a direct and personal interest, grounded in an actual or potential harm, alongside the requisite legal standing to institute the constitutional claim.
Third, concerning temporal requirements, the action must be brought within a reasonable time frame, or as inferred from the nature of the dispute, in a manner that safeguards legal certainty and prevents abuse of the right to challenge. Finally, the formal requirements constitute essential procedural guarantees, necessitating that the statement of claim be submitted in accordance with prescribed legal procedures, duly containing all substantive particulars and supported by relevant evidence and documentation.
Accordingly, the admissibility of a constitutional case before the Federal Supreme Court is not confined to a mere allegation of unconstitutionality; rather, it is subject to an integrated framework of substantive and procedural conditions designed to uphold constitutional supremacy while ensuring the stability of legal positions

Abstract: Artificial intelligence (AI) has become a source of immense and invaluable services for humanity, exceeding all expectations. However, despite its benefits, it may infringe upon human rights due to the harm it causes to individuals in certain areas of life. Human rights are enshrined in both divine laws and secular legislation. The consequence of violating human rights is that the victim has a right to compensation from the perpetrator. Since these machines operate using AI technology, particularly in the areas of contracting and contract execution, those harmed should be compensated if their legally guaranteed rights are violated within the framework of civil law. Furthermore, this paper will examine the advantages and disadvantages of AI and its impact on human rights.

This research examines the role of international organizations in regulating artificial intelligence (AI) amidst the rapid digital transformations the world is witnessing, and the legal, ethical, and security challenges this technology has generated across borders. AI has become an influential tool in various sectors, necessitating the intervention of international actors to formulate regulatory frameworks capable of controlling its use and ensuring its compatibility with the principles of human rights, transparency, accountability, and privacy protection.
The research adopts an analytical approach by studying documents, reports, and initiatives issued by several international organizations, most notably the United Nations and its specialized agencies, the European Union, and the World Economic Forum, while also outlining the roles these entities play in building an international system for AI governance. The study concludes that the contribution of international organizations is not limited to the legislative aspect, but extends to adopting multiple mechanisms, including establishing ethical principles, developing legal models, building technical standards, creating platforms for international cooperation, and implementing evaluation and accreditation programs.
The research demonstrated that these mechanisms constitute a comprehensive framework for regulating artificial intelligence at the international level. However, they still face challenges related to divergent national interests, varying technical capabilities, and conflicting governance models. The research concluded that it is necessary to strengthen international cooperation and develop more binding and flexible regulatory frameworks to achieve an effective balance between supporting technological innovation and ensuring the protection of fundamental rights and freedoms in the digital age.

Abstract: Surveillance cameras in their multiple and advanced forms and images are one of the most important manifestations of modern technological progress used in various public and private institutions, government departments and ministries, and during the use and proper administrative organization of surveillance cameras, public security, safety, and protection of lives and public and private property are enhanced, as well as preventing all behaviors and administrative violations and reducing their risks in a way that preserves respect for the privacy and dignity of individuals and does not infringe on their private lives by not misusing the recordings at all.

Abstract: The research examines the legal framework for digital works in terms of their nature, types, and conditions of protection, with a focus on the legal, economic, and social justifications for granting them special protection in light of technological developments. The study reviews the characteristics of digital works that distinguish them from traditional works, such as software, databases, and digital content, while highlighting the risks arising from the ease of copying and unauthorized distribution. It also explains the conditions for legal protection, particularly originality and innovation, and their role in enabling rights holders to benefit from civil protection. The research refers to Iraqi legislation, noting that Copyright Law No. 3 of 1971 provides a general basis for protecting digital works, but requires updating. It concludes by emphasizing the need to strengthen the legislative framework in Iraq through clear provisions that consider the specifics of the digital environment and balance the protection of creators with the public interest.

Abstract: It is undoubtedly true that the legislator, whether constitutional or ordinary, is responsible for determining the jurisdiction between the public authorities in the state. Among these authorities are the judicial authorities, which are considered one of the public authorities in the state. The legislator determines the jurisdiction of the judicial authority's formations, as they consist of multiple formations or bodies, in a way that eliminates overlap or conflict in jurisdiction between these bodies. Among these judicial bodies is the Federal Supreme Court, which is the highest judicial authority in the state, and which plays a large and important role. Its rulings and decisions are binding on all authorities in the state, and the specific jurisdiction of that court is determined precisely.

Abstract: The Public Prosecution is one of the fundamental pillars of criminal justice, entrusted with the task of maintaining public order and protecting society from crime by representing the public interest before the courts. The Iraqi Constitution and applicable laws, particularly Public Prosecution Law No. (49) of 2017, stipulate a number of duties incumbent upon this body, foremost among which is the initiation and pursuit of criminal proceedings when a criminal act is committed against society, without waiting for a complaint from the victim or the aggrieved party. However, in practice, there are sometimes unjustified delays or failures to initiate public prosecutions, which raises fundamental questions about the extent of the Public Prosecution's responsibility in such cases and the legal consequences of inaction or negligence in performing this role. Should the public prosecutor be held accountable for failing to initiate criminal proceedings in cases that require immediate intervention? Can this failure be considered a breach of duty, giving rise to legal or disciplinary liability?

Abstrac: This research aims to study the environmental impact of landmines and analyze their effects on the environment and local communities. The research highlights the impact of landmines on biodiversity, water, and soil pollution, and the economic repercussions of this phenomenon. By studying the environmental impact of landmines, preventive measures and corrective actions can be identified to mitigate these effects and protect the environment and local communities.

Abstract: the contravention in the Iraqi Penal Code no longer deal all crimes committed in society, because they are not consistent with developments , restrict the criminal law to the principle of legality which requires no crime or punishment unless there is a text specifying that act and the time of its commission, Therefore, the legislator sought to legislate special laws dealing with specific issues in which he considered it important to qualify for the interest that is considered and requires the legislator's intervention in order to protect and extend its influence on it, These include the crimes of violations against public health ,we note that the Iraqi legislator has issued several laws that deal with certain crimes affecting public health, as the Public Health Act no. (89) for year 1981 ( amended) the Protection and Improvement of the Environment Act no. ( 27) for year 2009 , However, despite the legislation of these laws, we see the occurrence of many of these violations in reality, Which requires a serious review of those laws and the creation of a body or office tasked with the implementation of that law, We see that the administration is the most keen to implement that law and protect the interest of all individuals, Because if they are left to the criminal judge, which is not often separated, and the reason is due to the concern of the criminal judge for crimes of crimes and delinquencies, which require procedures and measures may take and take a period of time is not a few and the judge finds himself tired in resolving the puzzle of those issues and therefore does not lend Charges of the contravention.

Abstract: significant and contemporary issue in commercial law and intellectual property. Trademarks are no longer restricted to traditional words or shapes; they have expanded to include colors as a distinctive means of identifying the source of goods or services. With the substantial development in commercial activity and corporate competition, color has acquired a key role in attracting consumers and cementing the product's image in their minds. This has prompted modern legislation to recognize color as an element that can constitute a trademark, provided certain conditions are met."

This research examines the international responsibility of the Israeli occupation for the retention of the bodies of Palestinian martyrs, as one of the prominent legal and humanitarian issues in contemporary international law. The study aims to clarify the international legal framework governing the protection of human remains under both international humanitarian law and international human rights law, and to analyze the legality of retaining bodies in light of the Geneva Conventions, their Additional Protocols, and customary international law.
The research also focuses on identifying the legal basis for establishing international responsibility for this practice, whether at the level of state responsibility of the occupying power or individual criminal responsibility, while evaluating the available mechanisms of international accountability. The study concludes that the retention of bodies constitutes an internationally wrongful act, which in certain cases may amount to a grave breach, thereby necessitating the activation of accountability mechanisms and ensuring the rights of the victims’ families to a dignified burial.

Abstract: Civil liability arising from defective products is considered one of the most prominent forms of development in the theory of liability in private law, due to industrial and technological transformations that have produced complex products potentially carrying risks that threaten the safety and property of consumers. It is no longer appropriate to rely solely on traditional rules based on proving fault, given the practical difficulty consumers face in demonstrating the producer’s negligence or defects in the manufacturing process. Modern legislation has tended to adopt a more protective system that imposes broader liability on the producer, often on an objective basis, requiring only the proof of the defect, the resulting damage, and the causal link, without the necessity of proving fault. This trend has been clearly reflected in the regulations adopted within the framework of the European Union, which established a special system of product liability to strengthen consumer protection.

Abstract: The research discusses the impact of technology on civil contracts and finding a legislative basis in Iraqi civil law for these transactions by using the updated legislation in the Russian Civil Code especially in Articles 141.1 and Paragraph 2 of Article 309 and the resulting changes in the elements of the contract. It also points to the issue of data sharing as consideration in digital contracts, which must be pointed by the Iraqi legislator, and the enhanced electronic signatures in digital platforms that prove the qualification of the contracting party, as Iraqi legislation lacks such a legal regulation to confront the rapid development in methods of contracting and fast technological transactions, in addition to the development of Online Dispute Resolution when one of the contracting parties is outside Iraq as a quick solution to resolve disputes, and the legal nature of smart contracts, blockchain technology, and means of consumer protection.

This study addresses the issue of determining the type of waqf as a jurisprudential and judicial problem with a direct impact on judicial rulings. It aims to clarify the conceptual framework of waqf and its types, outline the rules of judicial characterization regarding the wording, the intention of the waqif, and supporting evidence, and analyze the effect of characterization on entitlement, administration, disposal, and termination of waqf.
The study adopts a descriptive-analytical comparative methodology across three legal systems: Iraq, Egypt, and Jordan. It relies on classical and contemporary jurisprudential sources, judicial rulings in these countries, and current waqf legislation.
The study concludes that judicial characterization of waqf has decisive effects on determining beneficiaries, managing the waqf, permitting or restricting disposal and substitution, and the termination of the waqf. The comparative analysis indicates that the Jordanian approach is the clearest in unifying criteria between wording, intention, and supporting evidence, whereas the Iraqi judiciary requires standardization to reduce disputes and clarify judicial application.
Based on these findings, the study proposes amendments to the Iraqi Waqf Law No. 34 of 2012, aiming to define waqf and its types clearly, establish judicial characterization principles, mandate official registration, and require annual reports from the nazir (waqf manager), thereby ensuring the protection of beneficiaries' rights and the stability of waqf administration.

Abstract: This research addresses the issue of the Smart Administrative Decision as one the modem application of artificial intelligence in public administration ,and the legal challenges it raises regarding its legal nature and judicial review , particularly in light of the legislative vacuum within the Iraqi legal system . The study aims to define the concept of the smart administrative decision , distinguish it from traditional administrative decision ,and examine the applicability of the traditional elements of administrative decision to this new model , while highlighting its technical specificity .The research further focuses on judicial review of the legality of smart administrative decision analyzing the role of administrative judiciary in reviewing defects related to competence ,cause, form and procedures ,subject matter,and purpose .It also examines the technical challenges faced by the judiciary , such as technical errors, the black box phenomenon ,and algorithmic bias . The study emphasizes the proactive role of administrative courts in bridging the legislative gap through the development of interim judicial principles that safeguard individual rights and uphold the principle of legality ,pending the enactment of comprehensive legislation regulating the use of artificial intelligence in administrative decision -making .The research concludes that judicial oversight represents a fundamental guarantee for balancing technological advancement with the protection of rights and freedoms.

The defect in the legal guarantee differs from the defect in the contractual guarantee. The former occurs when the defect is discovered, even if the product is fit for use, while the latter occurs when a defect occurs in the product that renders it unfit for use. The buyer’s disposal of the sale after discovering the defect in any way lapses his right to the guarantee and he has no right to claim the guarantee from the seller.
It is necessary to rely on the express waiver of the guarantee without the implicit waiver, which leads to stability in dealings as well as simplifying the mechanisms for resolving claims arising from the guarantee. It is also necessary to allow the buyer to refer to the seller with the guarantee in the event that he disposes of the sale after discovering the defect, because he guarantees the defect against the new buyer.

Abstract: The concept of legal representation for future generations refers to the recognition of the rights and interests of future generations within the international legal system, and ensuring the integration of these rights into the formulation of international policies and treaties. This concept is prominent in multiple fields such as environmental protection, climate change, natural resource management, and the preservation of cultural heritage. The idea is based on the principle of international responsibility towards the future, which calls on states and international organizations to adopt decisions that balance the interests of the present with the rights of future generations. Practical mechanisms for international representation for future generations include: establishing independent institutions or advisory bodies, including special clauses in international treaties, and strengthening the legal obligations of states towards environmental sustainability and development. This representation also raises legal and ethical challenges, most notably the difficulty of identifying interests that do not yet exist, and the absence of strong enforcement mechanisms, which necessitates the development of innovative legal frameworks that effectively take into account future rights.

This research presents a comparative legal and practical study between Islamic banks and conventional banks, in light of the pivotal role played by the banking system in supporting and financing economic activity.
The study is based on examining the underlying foundation of conventional banking, which relies primarily on the interest-based system, as opposed to Islamic banking, which adopts alternative financing mechanisms consistent with Islamic Sharia principles, such as profit and loss sharing, Mudarabah, and Murabaha, thereby achieving a balance between investment requirements and legal (Sharia) constraints.
The research further highlights the key differences between the two systems in terms of legal nature, sources of funds, and methods of fund utilization. It also analyzes the concept of Riba (interest) and its economic and social implications, in addition to presenting the main arguments advanced by proponents of the interest-based system.
Overall, the study aims to clarify the fundamental distinctions between the two banking models and to assess their effectiveness in achieving economic development, while providing a legal analytical perspective that contributes to a better understanding of the contemporary banking system.

This study addresses the issue of international protection of the environment during armed conflicts, as one of the most pressing challenges facing the international community. The consequences of wars are not limited to humanitarian and material destruction, but also extend to the environment and its essential elements for human survival. International treaties and customary rules have increasingly emphasized the legal protection of the environment during armed conflicts, alongside the active role played by international organizations such as the United Nations and the International Committee of the Red Cross.
The study aims to clarify the legal foundations governing the protection of the environment during armed conflicts, and to analyze the adequacy of existing international instruments in limiting environmental violations, while highlighting the international responsibility arising from such violations, both criminal and civil. It also seeks to identify the legal framework through which states and parties causing environmental damage may be held accountable, in order to ensure the protection of civilians and the reduction of humanitarian suffering.
The research adopts an analytical methodology in examining the relevant international treaties and customary rules, in addition to reviewing the role of international organizations in providing legal responses. The study concludes that current international efforts still suffer from shortcomings in practical implementation, which necessitates the development of more effective legal mechanisms to guarantee compliance with international rules on environmental protection during armed conflicts.

Abstract: This research examines traditional and digital diplomatic relations within the framework of international law through a comparative study between the rules established by the Vienna Convention on Diplomatic Relations of 1961 and contemporary technological developments that have led to the emergence of digital diplomacy. The study aims to assess the adequacy of traditional legal rules in regulating modern diplomatic practices that rely on digital communication tools, social media platforms, and information technologies. It also highlights the legal challenges posed by these practices, particularly with regard to diplomatic immunities, the confidentiality of communications, and respect for the principle of non-intervention in the internal affairs of states. Furthermore, the research analyzes the points of convergence and divergence between traditional and digital diplomacy, emphasizing the need for the development or flexible interpretation of international legal rules to balance the stability of international relations with rapid technological advancement. The study concludes by proposing a legal perspective that contributes to enhancing the effectiveness of diplomatic practice in the digital age.

Abstract: This study examines the issue of digital freedom of expression in Iraq and the potential transformations brought by the rise of artificial intelligence. AI has opened new horizons, offering exceptional opportunities to accelerate evolution and enhance the enjoyment of fundamental rights. Built upon core elements, machine learning, big data, and algorithms. Artificial intelligence has brought great benefits to humanity, but at the same time, it carries concerns that may threaten human dignity and privacy in exercising freedom of expression and opinion. It provides an explanation and analysis of how AI systems interact with the digital world and individuals\\' right to freedom of expression, while demonstrating that an appropriate legal framework would effectively reduce the potential risks of these interactions. After a thorough literature review, the study found that laws in Iraq could not clearly define an individual\\'s right to freedom of expression and digital privacy. There are many gaps in the Iraqi legal framework. Many laws also enable the government to impose restrictions on the freedom of expression and digital privacy of individuals without adequate safeguards to protect them. Finally, the study recommends that there should be a clear and well-defined regulatory framework for regulating AI systems, guaranteeing individuals their legal rights to benefit from the benefits of AI while protecting their digital rights in Iraq.

Stadium riots are considered one of the most prominent challenges facing sports in Iraq in general and Al-Qadisiyah Province in particular. This phenomenon is not limited to disturbing security and public order during sporting events, but extends to disrupting sporting activities, creating an unsafe environment for fans and players, and negatively affecting the reputation of local sports and youth development efforts.
As Al-Qadisiyah Province is one of the active provinces in sports, hosting a number of popular clubs and sporting events, some matches—especially football matches—have witnessed riots and collective violence among fans or toward officiating staff, which required the intervention of security forces and the imposition of penalties by the specialized sports federations.
From here stems the importance of this research in addressing the phenomenon from a legal-sporting perspective; as it seeks to clarify the legal framework governing sporting events, and analyze the punitive and organizational procedures followed in confronting riots, as well as monitoring the effects of the phenomenon on sports security in the province and proposing ways to reduce it

Abstract: The research aims to examine the role of e-government in modernizing public utilities and improving their administrative and service performance. It focuses on the conceptual framework of e-government in terms of its definition, principles, and dimensions. The study also addresses its main objectives in the management of public utilities, including enhancing operational efficiency, improving the quality of services, increasing transparency and accountability, and reducing traditional bureaucracy that has long hindered the effectiveness of governmental performance. The research further relies on a comparative analysis of Arab and international experiences in the implementation of e-government, with particular attention to the challenges facing its adoption, such as data protection, cybersecurity, and the need to adapt existing legislation to digital transformations. The study concludes that e-government represents an effective strategic tool for developing public utilities, provided that clear legislation, flexible organizational structures, and qualified human resources are available. It also finds that integrating e-government into the management of public utilities is not merely a technical transformation; rather, it constitutes a strategic shift that links technology, law, and modern administration, thereby contributing to the modernization of governmental work and the promotion of transparency and accountability.

This study examines the principle of free access to justice as a fundamental pillar in achieving fairness among litigants, given its essential role in eliminating financial barriers that may prevent individuals from accessing the judiciary. The research aims to clarify the concept of free judiciary and its legal basis, and to analyze its impact on reinforcing the principle of equality before the law and enhancing the right to litigation as a constitutionally guaranteed right. It also discusses the limits of applying this principle in comparative legislations, particularly within Iraqi law, highlighting the justifications for imposing certain judicial fees and the safeguards that ensure the preservation of the core right to access justice. The study concludes that balancing free access to justice with the financial considerations of the judicial system is crucial for ensuring effective and comprehensive justice, while emphasizing the need for legislative policies that support disadvantaged groups and expand judicial exemptions.

This study examines the principle of free access to justice as a fundamental pillar in achieving fairness among litigants, given its essential role in eliminating financial barriers that may prevent individuals from accessing the judiciary. The research aims to clarify the concept of free judiciary and its legal basis, and to analyze its impact on reinforcing the principle of equality before the law and enhancing the right to litigation as a constitutionally guaranteed right. It also discusses the limits of applying this principle in comparative legislations, particularly within Iraqi law, highlighting the justifications for imposing certain judicial fees and the safeguards that ensure the preservation of the core right to access justice. The study concludes that balancing free access to justice with the financial considerations of the judicial system is crucial for ensuring effective and comprehensive justice, while emphasizing the need for legislative policies that support disadvantaged groups and expand judicial exemptions.

The topic of ideal principles in the provisions of naturalization and judicial jurisdiction in the Iraqi Nationality Law No. (26) of 2006 is one of the important and modern topics in Iraqi legal affairs, given the great importance of this topic compared to some legislators of Arab countries in nationality laws. If these principles have not received sufficient legal study, then this is what prompted us to delve into this topic within a series of studies that focus on ideal principles in the provisions of naturalization and judicial jurisdiction in the current Iraqi Nationality Law.