TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: After the scientific progress achieved by modern man in various aspects of life and its various technological applications, a new type of cybercrime has emerged known as the crime of drugs and digital psychotropic substances. No one can deny the seriousness of its negative aspects among our society, especially since it represents... The most severe manifestations of organized crime, and this matter has become more dangerous after the emergence of the Internet and its use as a means of expanding the circle of demand for these toxic and dangerous materials, So much so that the map of the movement of drugs and psychotropic substances locally, regionally and globally has no chance of success unless it takes into account the virtual world, which is the meeting of dealing with these crimes via the international information network (the Internet), using its means, trafficking, promotion, abuse and dissemination.

Abstract: Judicial oversight is one of the most important pillars for ensuring respect for individual rights, especially in the context of pension rights, which constitute an extension of the human right to social security and a decent life. The importance of judicial oversight becomes apparent when it addresses arbitrary administrative decisions or actions that threaten the worker's livelihood stability after the end of their working service. In this regard, the judiciary represents the means of guarantee that preserves the acquired rights of workers and works to correct the flaw that may affect the work of the competent authorities in the social security and pension sector, especially for workers in the private sector who are the weaker party in the work system. This study seeks to analyze the concept of judicial oversight and its forms, while emphasizing the judicial authority in pension rights disputes in the private sector and identifying the legal mechanisms that secure workers' rights to appeal administrative decisions and claim compensation for them if they are contrary to the law.

The rapid expansion of e-commerce via the Internet, combined with the growing reliance on digital transactions, has made electronic signatures a crucial tool for completing commercial contracts and conducting online transactions. Often, these transactions may also involve artificial intelligence algorithms. Consequently, legal scholars have debated whether electronic signatures should be recognized as valid evidence, examining both their form and substance, and whether they can be considered equivalent to traditional handwritten signatures.
This debate is reflected in the different approaches taken by various states. Legal systems vary not only in their recognition of electronic signatures but also in the requirements they set for their validity—particularly regarding the technologies employed and the security standards needed. The issue becomes more complicated due to the lack of comprehensive cybersecurity laws in many jurisdictions, despite their importance as a basic legal safeguard for the reliability of electronic signatures as evidence. Additional concerns are raised in cross-border situations, especially when a country that does not recognize electronic signatures refuses to accept them as proof in contractual disputes, even when the parties have explicitly agreed to their use.
These challenges highlight the urgent need for a unified international legal framework governing electronic signatures and electronic transactions. In response, several countries, including Iraq, have enacted legislation in this area. Iraq’s Electronic Signature and Electronic Transactions Law of 2012, followed by implementing instructions issued in 2025, represents an effort to align national law with international standards and comparative legal practices. Nevertheless, both the Iraqi law and its implementing regulations still require further amendment.
This includes the need to clarify the scope of the law’s application. Besides, to enact explicit provisions on cybersecurity to ensure the full evidentiary recognition of electronic signatures. Furthermore, the implementing instructions appear to have been adopted somewhat hastily, as they do not clearly specify the criteria for recognizing certification authorities, whether domestic or foreign, nor do they address the importance of international accreditation and reputation.
What is the jurisdiction of the courts? Uncertainty also persists regarding the applicable law, legal liability, penalties, and compensation mechanisms in cases of non-compliance. It may therefore be advisable to consider accrediting multiple certification authorities, one designated for e-commerce and another for overseeing government digital transactions, in accordance with legislative policy.

The Security Council is the cornerstone of the United Nations and, according to its Charter, primarily responsible for maintaining international peace and security. However, this council has never been immune to political rivalries; rather, it has always been a reflection of the power structure in the international system. Since the end of the Cold War, the world has witnessed dramatic polarization shifts, moving from a rigid bipolar world order through the era of American unipolarity, to the current reality characterized by an emerging multipolarity in which major powers compete for spheres of influence and shape the rules of the new world order.
The Security Council is the cornerstone of the United Nations and is primarily responsible, according to its Charter, for maintaining international peace and security. The Russian-Western rivalry, especially in the context of the Ukrainian crisis, is one of the most prominent challenges facing the Security Council in the modern era. The Council has transformed from an instrument for maintaining international peace and security into an arena for direct diplomatic confrontation. Thus, we see that the Security Council suffers from a deep gap between legal representation (the 1945 structure) and the current geopolitical reality, after the five permanent members, especially in current international conflicts (especially the Russian-European-American conflict) and (the American-China rivalry), have become paralyzed in making crucial decisions. Therefore, alternative paths have emerged, appearing in attempts to establish parallel security frameworks outside the umbrella of the United Nations, and through what has been recently proposed regarding a peace council or regional initiatives led by the rising power. This threatens the position of the Security Council and its future with regard to limiting the veto power and expanding membership.

Drug-related crime is considered one of the most dangerous types of crimes that threaten the security and stability of societies due to it negative effects on the individual, the family, and the state. It has become a global phenomenon that transcends national borders, which has necessitated the coordination of international and local efforts . confront it
First: International measures to combat drugs: These are represented by the conventions or treaties concluded between countries, the most important of which is the United Nations Single Convention on Narcotic Drugs of 1961, which aims to limit the use of drugs to medical and scientific purposes only. Another key agreement is the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Second: Local (national) measures: States rely on an integrated system of legal, security, and social measures, including defining deterrent penalties for smugglers, dealers, and distributors, tracking criminal networks, and seizing the substances involved. Combatting drugs requires complete integration between international and local measures and is based on cooperation, legislative development, and raising community awareness.
Legal measures alone are not sufficient
unless supported by comprehensive preventive, educational, and health efforts.

This research examines the crime of tribal intimidation, which is fundamentally a form of assault and intimidation, even a terrorist act. However, the Iraqi judiciary previously classified it as a crime of intimidation, particularly under Article (430/1) of the Iraqi Penal Code. The evolution of this phenomenon and its expanding negative impact on public safety have recently led judicial and legislative authorities to classify it, in some cases, as a terrorist crime, given that it involves acts of intimidation and terrorizing people and threatens public safety and peace, thus making it a genuine source of danger to society.
This research aims to clarify the nature of the tribal attack crime, its elements, and its punishment, and to analyze its legal classification in light of Iraqi legislation, particularly the Penal Code and the Counter-Terrorism Law No. (13) of 2005. It also aims to highlight the necessity of increasing penalties for perpetrators of these acts due to their disruption of public order, as well as to emphasize the importance of individuals resorting to state institutions and the judiciary to obtain their rights, rather than resorting to tribal methods that reinforce the logic of force and the "law of the jungle."

Tribal attacks are a customary practice still used in some areas of Iraq as a means of resolving disputes or sending threatening messages to opposing parties. They often involve a mass shooting at someone's house with the intent to threaten or insult, without direct intent to kill. However, this act frequently entails serious risks that may lead to loss of life or cause material and psychological harm to the victims. This behavior has sparked legal debate regarding its correct legal classification: is it merely a threat under Article (430/1) of the Iraqi Penal Code, or does it fall under the scope of terrorist acts stipulated in Article (4) of the Counter-Terrorism Law No. (13) of 2005? Our research has yielded several findings and recommendations, most notably the necessity of classifying certain forms of tribal intimidation as terrorist acts whenever they involve terrorizing society and spreading fear among citizens. Furthermore, it is crucial to strengthen the state's role in enforcing the rule of law, impose stricter deterrent penalties, and raise legal awareness to curb this phenomenon, which poses a genuine challenge to community security and the rule of law.

Abstract: constitutionality of laws is embodied, particularly in the Federal Supreme Court's Internal Regulation No. (1) of 2022, Article (46). This regulation grants the Federal Supreme Court in Iraq the authority to raise the issue of unconstitutionality of legal texts on its own initiative, even if these texts are not included in the litigants' requests, whenever this is necessary to resolve the dispute before it. This regulation reflects a new trend towards strengthening the proactive role of the constitutional judge, as it is not limited to the scope of the specific dispute but extends to protecting the supremacy of the Constitution and ensuring the consistency of the legislative system with it. This procedure also represents an exception to the principle of judicial impartiality, as the constitutional judge becomes a procedural actor who guides the constitutional dispute in a way that achieves effective oversight and upholds the supremacy of the Constitution. This authority is exercised within certain parameters, the most important of which is the relevance of the text being challenged to the subject of the dispute, and its inseparability from it, thus preventing its unjustified expansion. Therefore, autonomy constitutes a legal mechanism that enhances the constitutional judge's autonomy and reinforces their function in safeguarding constitutional legitimacy directly and effectively.

Abstract: The resignation of the President of the Republic in any country is considered a constitutional act and stems from his true and repulsive will in accordance with the provisions of the Constitution, especially the Iraqi Constitution of 2005, through which a vacancy of the position results in accordance with the provisions of Article (75) of the Constitution, as the Vice President shall replace the President in his absence, and the House of Representatives must elect a new President of the Republic, within a period not exceeding thirty days from the date of the vacancy, and it is necessary to determine the legal reasons that led to the President of the Republic’s resignation from office, The organization aims to ensure continuity of power and prevent a constitutional vacuum.

Abstract: This study examines the role of criminal law in protecting women from the negative effects of cultural invasion via media and the digital space. Women are exposed to practices such as blackmail, harassment, defamation, and the dissemination of abusive content, which pose a direct threat to their dignity and fundamental rights. The study aims to analyze the concept of cultural invasion and its impact on women, assess the effectiveness of national criminal legislation in confronting it, reveal legal and practical gaps, and propose solutions to enhance women's protection. The study demonstrates that the Iraqi Penal Code provides general protection for women against attacks on honor, privacy, and personal freedom, but it does not adequately address modern digital crimes, such as cyber blackmail and the dissemination of photos or videos without the victim's consent. Therefore, criminal law is a pivotal element in protecting women, but it requires continuous development to keep pace with digital and cultural transformations and ensure effective protection of their rights and dignity.

The contemporary world is witnessing profound transformations in the field of digital legislation, where cyberspace has become a parallel arena to real life and a vast domain for the exercise of fundamental rights and freedoms.
This new reality has generated unprecedented challenges for constitutional systems, which now find themselves obliged to establish effective mechanisms of judicial and constitutional review capable of maintaining the balance between the legal regulation of the digital environment and the preservation of constitutional rights of individuals. Constitutional review of digital legislation is no longer a mere option; it has become an existential necessity to ensure that lawmakers do not deviate in enacting rules that might undermine constitutional legality or infringe upon the core of fundamental freedoms.
In light of the growing dominance of technology, there emerges an urgent need for a coherent constitutional framework that protects human values against the unrestrained expansion of digital legislation, particularly in areas such as artificial intelligence, data protection, cybersecurity, and freedom of expression on digital platforms.
This study aims to provide a comprehensive analytical examination of constitutional review over digital legislation from two perspectives: the first relates to its theoretical and conceptual foundations, while the second addresses its practical applications in safeguarding fundamental rights within cyberspace.
The study emphasizes that the success of any legal system in this field depends on its ability to reconcile the imperatives of rapid technological development with constitutional principles, thereby ensuring the rule of law, preserving the resilience of democratic governance, and laying the groundwork for a new era of digital justice.

Abstract: This research examines the legal regulation of urgent applications in commercial arbitration as a procedural mechanism aimed at providing temporary protection for legal positions during arbitral proceedings, without prejudice to the substance of the right in dispute. The research problem lies in the lack of clarity regarding the distinction between urgent applications and conservatory measures, as well as the divergence among legislations in determining the competent authority to consider such applications, whether the arbitral tribunal or the national judiciary. The research focuses on clarifying the effect of the parties’ agreement in determining such jurisdiction, the limits of the arbitral tribunal’s authority to issue interim measures, and the extent to which state courts may be excluded from considering urgent applications. The research concludes that the effectiveness of commercial arbitration cannot be fully achieved without precise legislative regulation that balances the autonomy of arbitral proceedings with the guarantee of urgent judicial protection, particularly in cases where the requested measure requires coercive or enforcement powers, or where it affects public order or the rights of third parties..

Abstract: This research addresses the topic of compatibility and its impact on the family bond within the framework of personal status law and Islamic jurisprudence. Compatibility is crucial for achieving family stability and protecting the family unit from disputes and conflicts that may arise due to incompatibility between spouses. The research aims to clarify the concept of compatibility linguistically, jurisprudentially, and legally, explaining its foundations, such as religious compatibility, lineage, social status, and economic status, and the extent to which these elements influence the continuation or disruption of the marital relationship. The research also discusses the position of Islamic jurisprudence, across its various schools of thought, regarding the requirement of compatibility in a marriage contract, clarifying whether it is considered a right of the woman or her guardian. Furthermore, it reviews the stance of Arab legislation and personal status law on this issue. The research focuses on the legal and social consequences of the absence of compatibility and the potential for family disintegration or conflicts that affect the cohesion of the family and society. The research employs a comparative analytical approach, analyzing relevant legal texts and jurisprudential opinions to arrive at conclusions that affirm compatibility as a means to achieve balance and family stability, not an end in itself, and that religious commitment and good character are the most important foundations for building a sound family. The research also concluded that it is necessary to balance social considerations with the principles of justice and equality when applying the concept of competence, in a way that is consistent with the developments of contemporary society and at the same time preserves the family bond and Its stability

Abstract: A gift contract is a specific type of contract that is governed by certain rules, but this contract deviates from these rules in some matters that the legislator considers the legislator deems necessary to be adhered to in contracts, as they are governed by the rule of the contract being the law of the contracting parties,whereby the contract may not be revoked by the unilateral will of one party. However, this contract deviates from this rule,which is the permissibility of revoking the contract in certain cases specified by the law and regulated in detail in order to protect the stability of transactions and allow for withdrawal from a gift whenever there is an acceptable reason for withdrawal, which generates legal consequences in the nature of the withdrawal itself and its legal classification, as well as consequences for the contracting parties or third parties, as deemed appropriate by the law of the state.
Based on this, the following topics were researched:
The first section dealt with the definition of the right of revocation in the gift, both linguistically and terminologically, and then addressed the reasons for revocation of the gift, which may be related to the donor or to the donee. The second section dealt with the types of revocation of a gift, which may be consensual and by agreement of both parties, and what the legal classification of this case is, or it may be judicial. I also touched on the issue of its legal classification and then examined the issue of the effects of the right of revocation of a gift, as this revocation may have effects for the contracting parties themselves or may have effects for third parties according to the law of each country.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This study addresses judicial review of the administration’s conditions for selecting its contracting party, as one of the precise issues within the field of administrative contracts, due to its connection with the protection of public funds, the guarantee of legality, and the realization of the public interest on the one hand, and with respect for the principles of competition, transparency, and equal opportunity on the other. The importance of this topic lies in the fact that, although the administration enjoys exceptional powers and privileges in the field of administrative contracting, such powers are not absolute; rather, they remain subject to administrative judicial review whenever they relate to decisions of award, exclusion, tender cancellation, or debarment from participation. The study aims to clarify the limits of judicial review over the administration’s conditions and procedures in selecting its contracting party, and to examine the adequacy of the criterion of the best financial terms, while also highlighting the importance of technical criteria in ensuring the proper and regular functioning of public services. The study adopts the descriptive-analytical method through presenting and analyzing the legal texts regulating administrative contracts, in addition to the comparative method by balancing the position of the Iraqi legislator with that of the Egyptian legislator and relevant judicial applications. The study concludes that judicial review constitutes a fundamental guarantee against administrative arbitrariness and abuse of power, and that the criterion of the lowest price alone is insufficient unless coupled with technical competence. It also emphasizes the need to strengthen reasoning and transparency and to develop the legal framework governing grievance and appeal mechanisms in a manner that achieves the best value for public money and enhances confidence in public procurement.

Abstract: Technological development in the field of internet networks has led to the development of communications globally, and the field of e-commerce has been most affected by this development. In the event of a dispute arising in this field, the disputing parties need new means of resolution that are compatible with the nature of the Internet in terms of speed, development, and the absence of physical presence. Practical reality has shown new mechanisms represented in resorting to electronic arbitration via the internet and settling such disputes electronically via commU89unication networks without the need for the disputing parties to travel or be present in one place. The concept of arbitration as a means of settling e-commerce disputes is based on the will of the disputing parties to agree to submit these disputes to arbitrators whom they choose and define for them the arbitration task, including the legal rules that are followed before the arbitration panel.

Abstract: the role of administrative decisions in addressing them. Findings indicate that such hazards represent multidimensional threats affecting health, economy, and environment, while administrative decisions serve as the primary tool to transform theoretical policies into practical actions. The study highlights that the effectiveness of administrative decisions depends on prior planning, rapid response, resource allocation, and institutional coordination. Moreover, these decisions must cover the stages of prevention, early response, and recovery/reconstruction., experiences show that lack of planning or weak coordination increases losses, whereas conscious management reduces the impact of crises and strengthens resilience.

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Abstract: Criminal liability is the main pillar of attributing the crime to its perpetrator. However, this responsibility is subject in certain cases to humanitarian, legal and social considerations that represent substantial exceptions to the general rule of criminalisation and punishment called (contraventions of criminal liability). Criminal liability for the perpetrator and the young age of these prohibitions are negated. Within the framework of providing criminal protection against any attack targeting the public or private interests of the human person, we find that the criminal policy of the legislator was affected by the age when establishing the substantive and procedural rules, especially with regard to determining the criteria of the rules of criminal responsibility and the adult, as the age is a criterion for achieving, mitigating or refraining from criminal liability, which entails the different legal consequences of each age, as criminal liability varies from one age to another. The Iraqi legislator has decided to refrain criminal.

Abstract: This research examines the specificity of the post-contractual phase as a relatively independent legal stage that follows the termination of the contractual relationship. It raises a delicate legal issue concerning the reconciliation between the principle of stability of transactions, on the one hand, and the requirements of the development of contractual obligations and good faith, on the other. The study is based on the premise that the termination of a contract does not necessarily entail the extinction of all its legal effects, as certain obligations may continue or new obligations may arise, deriving their legal basis from the terminated contract itself.
The research adopts a comparative analytical approach by examining the position of the Iraqi Civil Code and comparing it with French and Egyptian legislation, while highlighting the role of legal doctrine and the judiciary in establishing the concept of post-contractual obligations, such as the duty of confidentiality, non-competition, and the obligation not to harm the legitimate interests of the other party. It also clarifies the legal foundations of these obligations in the principles of good faith, prohibition of abuse of rights, and protection of legitimate expectations.
The study concludes that recognizing the post-contractual phase constitutes a significant development in the general theory of contract, provided that the scope of post-contractual obligations is carefully regulated in a manner that achieves a balance between the requirements of contractual justice and the stability of transactions, thereby enhancing legal certainty in modern contractual relationships.
© 2023 TUJR, College of Law, Tikrit University

This research examines the legal consequences of breach of contract in Iraqi civil law. It analyzes the general rules governing penalties for non-performance, particularly specific performance, termination, and compensation, highlighting the effectiveness of these penalties in providing contractual protection for the creditor. The research focuses on the legal basis for compensation as the most prominent civil penalty for breach, and the extent of its correlation with contract termination. It also explores instances where civil liability is negated by an external cause, such as force majeure or the fault of a third party.
Furthermore, the research addresses the extinction of the obligation and the dissolution of the contract as legal consequences of breach of contract. It clarifies the positions of Iraqi legislation and jurisprudence on termination and dissolution, and the limits of judicial authority in assessing the resulting compensation. The study employs an analytical and comparative approach, comparing the Iraqi position with several comparative legal systems, particularly French and Anglo-American law, to identify shortcomings and differences. The research concluded that Iraqi civil law still adopts a traditional view that prioritizes termination over compensation, which limits the flexibility of contractual penalties. It recommended the need to develop the legislative and judicial organization of compensation and to incorporate modern economic considerations of the contract, in order to achieve contractual justice and stability in transactions

Abstract: When we hear about constitutional rulings, we understand that the discourse is directed toward a supreme court, adjudicating a dispute, violation, or contravention of a legal text or regulation of aconstitutional text, or aperson challenging the unconstitutionality of a constitutional text, or a conflict of laws, etc. These cases are reviewed by a court called the Federal Supreme Court or the Supreme Constitutional Court as it is called in comparative countries.
The phenomenon of lapse in constitutional rulings means that the aforementioned supreme court may revoke a previous decision and issue a new ruling, even if it contradicts the previous ruling. Therefore, this shift in constitutional rulings may result from changing political, social, or economic circumstances, or from a new interpretation of a constitutional text.
It goes without saying that the Supreme Court, which is considered the highest judicial authority, may change its opinion on a particular constitutional issue and issue a new ruling that conflicts with a previous ruling it had issued in the same or similar case.
The court may amend this ruling for other reasons depending on the changing circumstances surrounding the case, including (political, etc.). It was mentioned earlier that the change is the result of an interpretation of a new constitutional text, and the court finds that the previous interpretation is no longer appropriate in light of the new circumstances.
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© 2023 TUJR, College of Law, Tikrit University

A building permit is regarded as one of the most important administrative instruments dealing with the regulation of the rights of property in the society. This is a right guaranteed by the Constitution of the Republic of Iraq (2005) and refers to it in Article (23/First), which states that "private property is protected, and the owner has the right to benefit from, exploit, and dispose of it within the limits of the law." Furthermore, Article (27/Second) of the same Constitution provides that "the provisions relating to the preservation of the state property, the administration of it and the conditions and limits of its disposal shall be controlled by law." In this respect the legislator steps in to make the rules and controls for the granting of building permits as the public interest in the urban development is taken into account. The main goal of granting building permits is to maintain the urban character of cities with the imposition of the building requirements and preventing random or unplanned building, the negative impacts of which affect the health and social aspects of residential areas. These regulations are contained in the several legislative texts such as the Municipal Administration Law No. 165 of 1964, the Roads and Buildings Regulation No. 44 of 1935 (as amended) and most recently the Building Permit Regulation No. 2 of 2016. In the end, the property owners that wish to build must obey the conditions to acquire a building permit and strictly follow the related legal provisions.

Abstract: The phenomenon of climate change, which the world is experiencing, poses a serious threat to human security due to its impact on important human rights related to human life, such as food security, the right to health, access to safe drinking water, the right to housing and a decent standard of living, and the right to development. All these rights are affected by climate change, which has become a concern for the countries of the world. These countries are working to find appropriate solutions to confront these climate changes and reduce their impact on human life security through holding international conferences and agreements. This is at the international level. Local governments are working to develop long-term strategies to eliminate the effects of the climate change phenomenon, address the problems that their climate has been exposed to, and legislate environmental laws that serve society.

Abstract: ECHNOLOGICAL DEVELOPMENT IN THE FIELD OF COMMUNICATIONS AND INFORMATION, AND THE USE OF ADVANCED TECHNOLOGIES IN BANKING OPERATIONS AND FINANCIAL TRANSFERS, HAS FACILITATED THE TRANSFER AND MOVEMENT OF MONEY BETWEEN BANK ACCOUNTS ELECTRONICALLY WITHOUT PHYSICALLY TRANSFERRING IT. THIS HAS FACILITATED MONEY TRANSFER OPERATIONS IN THE FIELDS OF BUSINESS, TRADE, AND THE ECONOMY, AND THE PROVISION OF SERVICES TO MERCHANTS AND INDIVIDUALS THROUGH VARIOUS ELECTRONIC SYSTEMS, UNTIL ELECTRONIC MONEY TRANSFER OPERATIONS HAVE BECOME THE MOST COMMON IN BANKING AND FINANCIAL TRANSACTIONS WHILE TRADITIONAL PAPER-BASED METHODS OF MONEY TRANSFER, SUCH AS DEPOSITS, CHECKS, MONEY ORDERS, AND BILL PAYMENTS, WERE ONCE COMMON, ELECTRONIC MONEY TRANSFERS HAVE NOW BECOME PREVALENT IN THE BANKING SECTOR. DESPITE THE NUMEROUS ADVANTAGES OF THIS DIGITAL TRANSFORMATION, ELECTRONIC MONEY TRANSFERS ALSO HAVE DRAWBACKS. THESE INCLUDE THE POTENTIAL FOR ILLICIT ELECTRONIC MONEY TRANSFERS THROUGH FRAUDULENT MEANS, EXPLOITING VULNERABILITIES IN ELECTRONIC FINANCIAL SYSTEMS, AND USING THESE FUNDS FOR THEFT, FINANCING CRIMINAL ACTIVITIES, MONEY LAUNDERING, TAX EVASION, AND TERRORISM FINANCING. THEREFORE, MOST INTERNATIONAL AND REGIONAL CRIMINAL LEGISLATION HAS ENACTED LAWS TO COMBAT THE CRIME OF ILLICIT ELECTRONIC MONEY TRANSFERS AND TAKEN PRECAUTIONARY MEASURES TO PREVENT THE USE OF ELECTRONIC FINANCIAL SYSTEMS IN SUCH TRANSACTIONS. THIS STUDY AIMS TO CLARIFY THE ROLE OF THE IRAQI LEGISLATURE IN COMBATING THIS CRIME AND TO HIGHLIGHT THE CRIMINAL LAWS THAT ADDRESS IT NATIONALLY, GIVEN ITS SERIOUS REPERCUSSIONS ON NATIONAL SECURITY, ECONOMIC SECURITY, AND FINANCIAL SYSTEMS AND INSTITUTIONS

This research addresses the phenomenon of procedural misconduct committed by judicial auxiliaries — a subject that lacks sufficient doctrinal grounding despite its profound consequences for the integrity of litigation and the guarantees of a fair trial. The research problem centres on the adequacy of the Iraqi legal framework in regulating the conduct of judicial auxiliaries and curbing their procedural breaches, and on whether this framework suffers from a legislative gap that necessitates reform. The study relies primarily on the comparative analytical method, examining legislative texts and judicial precedents in Iraqi, Egyptian, Emirati, and French law, alongside the descriptive method. The research concludes that a legislative gap exists in Iraqi law that cannot be filled by general rules alone, in contrast to the more detailed regulatory frameworks found in comparative jurisdictions. It recommends amending the Civil Procedure Law by introducing explicit provisions that define and criminalise vexatious litigation, enacting an independent law on judicial expertise, and adopting an authenticated electronic notification system to narrow the scope of formally valid yet substantively void notifications.

Abstract: The modern era has witnessed a surge in assisted reproductive technologies, leading to the emergence of "surrogacy" as a means of treating infertility. This involves implanting a fertilized egg in the uterus of a woman who undertakes to care for the embryo and deliver it to the couple. This practice, which began in the veterinary field to increase animal production, has been transferred to humans, transforming into a global industry that raises ethical concerns about the exploitation of women in impoverished countries. This reality has resulted in a sharp legal divide; while some countries have legalized it based on the principle of freedom of contract, others have prohibited it as an infringement on the dignity of the human body and the family structure. The problem addressed by this study is highlighted by the clear "legislative vacuum" in Iraqi law, which lacks regulations governing third-party involvement in pregnancy Therefore, this research, employing both analytical and comparative methodologies, aims to address this gap and define the civil liability and mutual obligations between the contracting parties. The study also seeks to demonstrate the effectiveness of general principles of civil law in addressing these complex medical developments. Thus, surrogacy remains a challenging issue that combines scientific ambition, ethical considerations, and the legal protection of lineage and the rights of the unborn child.

Abstract:
The role of oversight bodies in combating administrative corruption in Algeria is considered a fundamental pillar for establishing the principles of integrity and improving the quality of government performance. The study revealed that the oversight system in Algeria is characterized by the multiplicity of bodies and the diversity of their jurisdictions, such as the Court of Accounts, the General Inspectorate of Finance, the National Authority for the Prevention and Combating of Corruption, and the Central Office for the Suppression of Corruption, in addition to judicial and administrative oversight.
The analysis showed that these bodies play complementary roles, including prior and subsequent oversight, uncovering administrative and financial irregularities, investigating corruption cases, and providing recommendations for improving governance. However, their effectiveness still faces several challenges, most notably limited resources, a lack of coordination among institutions, and the complexity of administrative procedures, in addition to the urgent need for digitalization and modernization of oversight mechanisms.
The study concludes that strengthening the role of oversight bodies in combating administrative corruption requires intensifying institutional coordination, supporting the independence of these bodies, developing the skills of investigators and auditors, and enhancing transparency through digitalization and the publication of periodic reports. This contributes to building a more effective and transparent public administration, and providing an institutional environment capable of reducing corruption in all its forms.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This research paper deals with human rights guarantees in the Islamic law ( sharia ), and divide into two topics:

First topic : Includes conception of human right in Islam and divides into:

First requirement- Islam recognition with human rights since we clarified how Islam made human rights and his dignity holly and assured that the human barns free and no slavery just for the almighty creator.

Second requirement - Islam out look for the human and his rights, since Allah created the man in best figure and gave him features entitled him to be, such a weak man, as Allah Creator successor.

Second topic : Human Rights guarantees which divides into:

First requirement - Dealt with guarantees of political and civil rights, representing in the right of freedom and equality indignity and rights, and right in life and safety against slavery and torture, as well as guarantees of juridical and lawful rights and equality before law, and the man freedom in transportation, residence and asylum, and aright for belonging to , and enjoying with nationality , as well as the right in marriage and forming family in addition to aright of possession as well as guarantees of thinking, religious and sentimental rights.

Second requirement - Guarantees of economic, social and cultural rights represent ting in assuring right in social security and standard of living and prosperity as well as right in labor and wage and fair reward as well as educational and cultural human rights.© 2023 TUJR, College of Law, Tikrit University

This research addresses the legal challenges arising from the transition of public administration to the digital environment, along with the associated risks that threaten the information infrastructure and citizens' personal data. The problem of the study stems from the legislative vacuum in Iraq, the absence of regulations governing institutional cybersecurity, and the inadequacy of traditional penal and disciplinary provisions to encompass crimes of technical negligence. Through an analytical-foundational approach, the research concludes that leaving systems unprotected or disclosing passwords constitutes a contemporary application of "gross negligence," which warrants criminal and administrative accountability. The study recommends the necessity of decoupling cybercrimes from administrative information security, enacting an "Information Security Governance" law that imposes proactive disciplinary sanctions, and amending the State Employees Discipline Law to classify cyber negligence as a gross occupational violation.