AL-Qadisiya Journal

This research deals with the adoption of the Federal Supreme Court's interpretation of ordinary legislation in its Court ruling Issue 48 Federal 2021 on 6/6/2022, And the relationship of this the topic to the competence of the State Council, which it has been practicing for a long time. It examines the problem of overlapping specializations between them, through the show the competence of the State Council to interpret ordinary legislation, and then the entitlement of the Federal Supreme Court to exercise it, Because of the overlap, we set a boundary between the two competences by distinguishing between basic laws (laws complementing the constitution) that we believe the competence of the court and ordinary laws that remain within the competence of the State Council. We followed the court's path in issuing its 32 rulings, which went through a great development, starting from explicitly rejecting, then practicing it implicitly, and finally adopting it explicitly. With set important recommendations, we hope from the Federal Supreme Court and the House of Representatives that I will take them into consideration when dealing with the matter in the future

Promotion in the internal security forces represents one of the most important pillars on which the police function is based, because the promotion motivates the employees of this facility to work security and their hope to progress in the administrative ladder of this institution, in order to combine the material and moral advantages covered by the promotion, where the position of officer in the administrative ladder rises as a result of taking a higher job than his previous job, in addition to the resulting increase in his salary, and is also considered one of the most important means of filling jobs The supreme in the security facility as it instills enthusiasm in the members of the internal security forces to braid these functions when the necessary efficiency is available, in addition to the incentive to do the best that the members of that facility have for security tasks efficiently and effectively to develop the level of police function, all of this reflects positively on the security facility as a whole as it makes the security facility develop properly

The Constitution of the Republic of Iraq 2005 considered the Federal Public Service Council to be an independent body competent to issue appointment decisions; However، that status does not make the Council an insurmountable body of control; it is subject to the control of Parliament as the representative body of the people and has the power to control ministries and bodies with executive activities; and its decisions are subject to the control of the administrative judiciary to protect the principle of legitimacy

Just as the administrative lawsuit expires objectively and before a decisive judgment is issued in it by agreement of the will of its parties by conciliation and arbitration, it also expires by the will of one of its parties to waive, and this waiver is either to respond to the judicial dispute, as a set of procedures taken in the lawsuit, or to one of these procedures, This is the procedural waiver, and it is not the subject of our study. The waiver of the right may be the subject of the lawsuit, and this is what we will study

The waters swallowed whole cities throughout history, and sank thousands of ships, as well as embracing hundreds of planes, whether military or civilian, that fell into the seas. This rubble has become a submerged human heritage. There are several international agreements that seek to protect it as a common heritage for all humanity, including the Underwater Cultural Heritage Convention 2001

Studies related to the protection of the elderly at the international level are modern issues and that international documents included them with protection like the rest of the individuals. It is commensurate with the social and economic changes for the general community, and for the elderly in particular, until the adoption of an international agreement to protect them. It is necessary to know the basis and legal guarantees for their protection at the national level, through this research paper

The research sheds light on a very important aspect of administrative contracts، which is the financial penal aspect as a privilege for the administration to decide on its own without the need to resort to the judiciary. It is (delay fine، confiscation of insurances)، including what is intended to secure damages to its administrative facilities، which are (compensation، bearing administrative costs.

Reversing the administrative jurisprudence involves a set of risks that affect the principles of legal security and judicial security, and it takes its extent in the principles decided by the higher administrative courts in the judgments they issue while they are in the process of considering the disputes submitted to them. When referring to the Iraqi State Consultative Council Law No. (65) for the year 1979, as well as its amendments, it becomes clear to us that there is no explicit provision for the authority of the Supreme Administrative Court to reverse some of its previous jurisprudence. On this basis, we searched for the legal basis for the authority of the Supreme Administrative Court to abandon the jurisprudence, and it became clear to us that it can exercise that authority based on its discretionary authority. Administrative Judicial.

There is no doubt that there is nothing that enhances the productivity of the public employee more important than improving the legislative system in the state، especially the regulations and instructions and some changes، and then studying and trying to reduce them and deal with them as much، and a path in the forefront of that is the selection of administrative leaders within an institution with appropriate training preparation to develop their skills in developing their jobs in Several jobs or jobs in topics or jobs in topics or jobs in accounting or budgeting topics.
In addition to following up on the employee’s commitment to work، there is a very necessary issue، which is the preservation of his job rights and granting them on time، including material and moral incentives، which are one of the most important elements related to his productivity، as the equality of the productive employee with other non-producers in the transaction will lead to Inducing results that are negatively reflected on the employee's performance، and the incentives that can cost the organization an additional 10-25 percent of the employee's income may increase his productivity to double or more. And not only that، but improving the work environment and conditions and developing the performance of the institution، and evaluating the performance of employees and providing them with appropriate advice will have an impact on improving their productivity in the future

The disciplinary system for students is considered one of the most important systems that help preserve the prestige of higher education institutions, especially in recent times due to the transformation of the education system from the traditional and recognized in all countries of the world to the electronic system, which is a system imposed by the circumstances of the spread of the Corona virus on most countries of the world, despite From the existence of the electronic system as one of the distance education systems in some universities of the world, however, it was an exceptional system and limited to some academic subjects. As for the study in the past and present two years, it became the original. As for the traditional system, it became the exception, and due to the absence of explicit legal texts dealing with student discipline provisions during the period E-learning, all of this has led to the large number of violations committed by students, regardless of educational level, whether they are students in the primary and secondary stages or students in the university level, which is the purpose of our research. And the privacy of the school assignment, as a kind of state service and the advancement of society, and the failure of the legislator to address it during the e-learning period, in addition to the widespread spread of violations within educational institutions during the e-learning period, so it was necessary to address them with a precise legal system in order for specialists to be able to deal with violations In a legal and correct manner, to achieve justice and restore the concept of the student to its previous state, being the most important pillar of the educational institution in any country.

lamaa kan alqanun min alzawahir alaijtimaeiat allasiqat bialmujtamaeat albashariat almunazamat wamin ahum mazahir altaebir ean alaradat aljamaeiat walqiam alsaayidat fi almujtamae lima tadamanuh min alqawaeid alqanuniat alati tunazim suluk alafrad walati takful aldawlat aihtiramaha ean tariq tawqie aljaza' ealaa man yukhalifuha، wabihadha tabruz ahmiat alqanun wadawrih alfaeil fi sawn huriyaat wahuquq alaifrad alkhasat wahifz kian almujtamae bi'iiqrar sayr alnizam aleami fih wakafalat almaslahat aleamati، wahuna yabriz dawr alqanun aljinayiyi min bayn furue alqanun alakharaa fi tahqiq hifz huquq alafrad wamasalihihim، waiqrar alnizam fi almujtamae wahimayat almaslahat aleamat wakhasatan qanun aleuqubat biaietibar majalih yatasie lilhayaat alaijtimaeiat biasriha. walihadha yatatalab wujub tatawur hadha alqanun mae tatawur hajat wainmat wasuluk waqiam almujtamaei، walakin fi alwaqie aleilmii najid an qanun aleuqubat yuajih mushkilat aljumud bisabab alnazariaat walnusus altashrieiat waeadam tadakhul alfiqh aljinayiyi، siama wan aighlib hadhih alnusus shurieat qabl akthur min nisf qarn، adh aisbahat alan qasiratan fi muajahat alainmat walsulukiaat aljadid litatawur almujtamae khilal hadhih alfatrat altawilat nisbia، kama lam yakun mawjudan aighlab alainmat walsulukiaat anadhak eind altashriei، eindama wadae almusharie alnasa aljinayiy، kawnuh ealaj alainmat walsulukiaat alqayimat andhak.
lidha najid an min ahum alwasayil alati yumkin an tusahim fi tatawuri، qanun aleuqubat watusahim musahamatan faeaalatan fi akhrajih min maziqih maziq aljamuda، hi tajziat alqaeidat aljinayiyat walqaeidat aljinayiyat ealaa bayadi، lidha sharaena fi kitabat hadha albahth linubiin dawr wahimiat tajziat alqaeidat aljinayiyat walqaeidat aljinayiyat ealaa bayad wifq khutat bahthiat tatakawan min mabhathina، adha nubayin fi almabhath alawl mahih alqaeidat aljinayiyat wamin matlibin afradna almatlab alawl alaa mafhum alqaeidat aljinayiyat wamin fireayni، wakhisasna almatlab althaani lidhatiat alqaeidat aljinayiya .
wamin thalathat furue ، ama almabhath althaani sayakun litajziat alqaeidat aljinayiyat wamin fareayn wasanabhath fi almatlab althaani halat tajziat alqaeidat aljinayiyat wamin fareayn wamin thama alkhatimat walati tatadaman alaistintajat waltawsiati، thuma almasadira، wahadha ma sanatanawaluh tibaean waealaa alnahw altaali، wahadhih hi khulasat albahth wamin allah altawfiqu.

The World Health Organization is a specialized organization founded in 1946 with 194 member states that works worldwide to achieve the highest standard of health for all people without distinction as to race, religion, gender, political belief, economic or social status The mission of the organization is to promote public health, as access to health care is a human right, and comprehensive health care is a basic principle guiding the work of the organization. The international community to confront global health crises that pose a threat to the life of all mankind It issues recommendations that include the method of conducting examinations, the method of treatment and methods of preventing infectious diseases, and it issues recommendations that include how to build health institutions and how to train health workers. It is health, and the organization has faced a lot of objections and criticism from countries about how it dealt with the Corona virus. Including the United States of America, which announced its withdrawal, and we will shed light in this research on the nature of the powers enjoyed by the organization according to its constitution, as well as the distinction between recommendations and decisions issued by it

Every human being on the face of the earth longs for comfort, stability, and getting rid of problems, especially social and economic ones. Certainly, any society is not without the difficulties that cause these problems, so how about a society that has burdened it with one war after another, in a way that misery, darkness and frustration overshadowed the hopes of its members until they no longer see Any light at the end of the tunnel, all of this and others cast a shadow over their dreams of reforming the present and then the future, and this is what prompted the members of Arab societies in general and Iraq in particular to get used to many extraneous traditions, including drug abuse, and in an effort by the legislator to protect individuals from those habits and try to treat them Narcotics

The phenomenon of bullying is not a result today, but it is an old phenomenon, but the expansion of the use of modern technology means or the aggravation of this phenomenon and its role in recent times, and with it shows the importance of criminal law as the appropriate means to confront this phenomenon and protect society from its danger, and as a result the legislator in many countries of the world began to adopt legislative texts criminalizing the forms and images of bullying as the Egyptian legislator did by enacting laws and inventing the detectors for bullying and trying to educate society against This phenomenon and its dangers of abuse and psychological and physical harm from person to person or to a group of people and through different means.

Although there is no international agreement on the content and limits of artificial intelligence, it has become involved in many uses in peacetime and wartime. It is used in the development of military capabilities and the use of autonomous self-operating weapons. This development must lead to interaction with state law currently based on (substantive and procedural level), that results in the need to amend existing legal rules for their obsolescence, or to develop new legal rules governing artificial intelligence in other areas because of their lack of such regulated rules, since there is still no international agreement regulating the use and development of artificial intelligence, and even the effort made in this regard. (Autonomous self-employed weapons) has proven the complexity and difficulty of the subject, as it has not yet come to a decisive conclusion.
We have adopted the analytical approach when studying the subject matter and have concluded a number of conclusions, the most important of which is that States seek to achieve military advantage by acquiring independent weapons systems, which, by contrast, are not free to manufacture and use such weapons without regard for the norms of international humanitarian law. Failure to develop and amend existing treaties in response to technical developments would erode them, and States parties would either withdraw from them or violate their provisions to protect their unresponsive interests..

Most of the legal registration provided for granting the administration the competence and administrative authority that is relvant when concluding the administrative contract as the administrative contracts are the public utilities and that this contributes to the progress of basis for the work of the public service through the continues regularity of the work of the public utility has the will and power to implement these contracts it has the impose legal penalities on the right to monitor، direct، amend، terminate and contractor with it in order to preserve public facilities. The Iraqi legistrator grants the administration the jurisdiction and administrative authority over legal act in the field of tenders، auction، taxes and administrative contr provision in accordance with the instruction for implementing contract government number 2 for the year 2014 as for the auctions its provision are regulated in accordance with the law of the sale and rent of state found in our research the authority of the number 21 of 2013 we will discuss administration during the previous stages of concluding the administrative the contracts and the subsequent stages of implementing the provision of research، ie two administrative contract it has a section of the subject of our section and the implement of the administrative contracts where the administrative contracts are distinguished from contracts concluded in accordance with the provisions of the law on the authority of the unfamiliar that were installed in applications of provision of administration and those common law and administrative contract in order to achieve the public interest

Iraq is a federal state after 2005, and this is clear in the constitution and in practice. Therefore, there is more than one party that can issue laws, so a conflict between laws can occur، This conflict is temporal and spatial, and may be personal as well as hierarchical، The most important type of this conflict is the spatial conflict that occurs in the compound state Just any federation, which may be between a federal law and a regional law, or between regional laws، This cannot happen in Iraq at the present time
because there is no such thing as the Kurdistan Region, unlike the United States of America which is the most prominent type of spatial conflict, but may occur between laws of the regions and the legislation of provincial councils، This internal conflict is the result of the international conflict that occurred around a tainted relationship with a foreign element And he gave jurisdiction to the Iraqi law, which is a multi-law And he gave jurisdiction to the Iraqi law, which is a multi-law Therefore, it is necessary to rely on the American experience in this field, as it is the most successful experience in this aspect

The legal framework applicable to cross-border traffic accidents in the European Union includes the choice of law rules of the Rome II Regulation, the Motor Insurance Directives and the Hague Convention on the Law Applicable to Traffic Accidents. The Motor Insurance Directives focus exclusively on insurance coverage for losses resulting from accidents caused by operating vehicles. In the European Union, while the Rome II Convention and the Hague Convention address the factors that must be taken into account in order to determine how to deal with issues arising from cross-border incidents.
After conducting a comparison and analysis between the Rome II Regulation, the motor insurance directives and the Hague Convention, it became clear to us that the second Rome represents the best system in choosing the law as it is a new and contemporary approach, and that the Hague Convention is the legal work most in need of reform, especially when it comes to formulating the general rule

The form of arbitration, thanks to its advantages, is a better way to settle disputes, especially those that have an international capacity and resent making the national judiciary a judge in disputes due to the slowness of judicial procedures, as well as the fear of the lack of impartiality, especially with regard to international contract disputes that arise. The state is a party to it, but the use of international arbitration as a means of resolving disputes has not been accepted by the legislation of the same degree and importance for all countries. At the time when we see the legislator of a country who sees the international arbitration decision as a foreign judgment that is enforceable, we also see the legislator of another country that does not raise the value of the arbitration decision. To the status of judicial rulings, and from these countries, Iraq, as the legal certainty of international arbitration provisions in Iraq is still faltering, and this is what prompted us to discuss mechanisms to enhance the supposed certainty of international arbitration provisions

The research deals with the effectiveness of international arbitration under the umbrella of the Iraqi Center for International Commercial Arbitration، which represents one of the serious steps in which Iraq seeks to adopt the institutional arbitration system، and arbitration centers play a key role in providing the necessary guarantees to encourage foreign investment in general، which is an indispensable step. The research reviews the problems that accompany the management of the arbitral process in light of the rules of the Center and the determinants of the Iraqi Civil Procedure Code، to determine its effectiveness and suitability to be the arbitration institution that reflects the advancement of the reality of international commercial arbitration in Iraq.

We discuss in this subject the judge’s means through which he ‎can develop legal texts، as these means were not exclusively ‎mentioned in the substantive and procedural laws، but it is possible to ‎discern them intuitively from the nature of the judge’s work، and this ‎advanced matter represents a major problem when it is impossible to ‎know the impact of these The means and their obligation to the judge، ‎as well as the extent of their strength in the face of the explicit text‎.

The procedural legislator opens the door to the judiciary voluntarily for anyone who wishes to claim through the lawsuit, as it is an optional (technical) means for each person to use it or not, which entails his choice in ending it with procedural restrictions that do not respond to the origin of the right, but on the time and method of its use in observance of the rights of The litigant in the case may leave it, renounce it, or cancel it, when it is in his interest not to invoke the judicial protection provided by law through this case, and on a procedural principle that decides (that the case belongs to the parties to it) .
If the case ends with a judgment on its subject matter as a natural end to it, but in many cases the parties wish to terminate it in a premature manner and in application of their sovereignty over it, the procedural legislator provides them with a set of options - as a general principle in the civil case - to implement their desire from; Leave the case, waive it and annul it.
However, the specificity of the lawsuits of dissolution and sanctity related to their entry into the domains of public order legally, and the calculation legally, affected the procedural legal possibilities available to the litigants based on their right to terminate their lawsuit. Its depths and its features, which was what we were able to conclude from the results and suggestions we wrote at the end of it

This study examines the problem of how to compensate without the need to prove the element of damage, which is the basis for which it is estimated, as the legislator assumes the existence of the damage by relieving the creditor from the burden of proof of its realization, that is, once the error occurred by the debtor, he is obliged to compensate regardless of the damage to the creditor or not, therefore, the assumption of the corner of harm is one of the exceptions that can respond to the general rules that came for certain considerations, and therefore the search for the logicality of his assumption despite the obligatory fulfillment of it leads us to establish it according to the philosophical framework on the idea The legal metaphor, since the legislator, when assuming the existence of harm, his assumption was a metaphor, given that the matter is of a high degree of possibility of verification, in addition to that this assumption was contrary to the established facts, which are represented by the legal facts represented in the exemption from the burden of proof contrary to the general origin, which necessarily entails Contradicting the natural facts, which arranged the violation of the philosophical facts, which are part of the natural facts, which were represented by the principle of non-contradiction and the principle of causation

This study searches for the powers granted to the trustee as a judicial legal representative for interdicted persons, and what are his limits in disposing of this money? What are the behaviors that may values him? Does he need to get permission from the competent authorities in order to do this? What is the ruling on the behavior that he does without obtaining permission in order to do it? Did the law on the care of minors specify the powers and actions that the trustee may exercise or leave them to the general rules of civil law, especially with regard to the management of common funds? What is the position of Islamic jurisprudence on all of the above? This is what we will try to show and answer during our research

Speed is one of the important issues in commercial law, and its violation entails civil liability arising from delays in implementing commercial obligations. Scattered between laws of a commercial nature that deal with some cases of delay in the implementation of the obligation, taking into account the general provisions of civil liability and adapting them in line with the nature of the subject under discussion, to formulate general provisions governing civil liability arising from delays in the implementation of commercial obligations

La recherche attire l'attention sur la nécessité de valoriser la fonction normative de la responsabilité civile face au déséquilibre fonctionnel de cette responsabilité au profit de sa fonction compensatoire. Comme les effets des évolutions économiques et sociales contemporaines sur la réalité de la responsabilité ont poussé le pouvoir judiciaire et les législations spéciales à veiller à indemniser le léser selon le principe de la réparation intégrale sans se focaliser sur le comportement du responsable et tenter de le soigner ; Cette focalisation a produit une responsabilité fondée sur le préjudice et a ainsi rétracté le rôle normatif de la responsabilité dans le contrôle du comportement et la réalisation de la prévention et de la dissuasion. Du fait de l'absence d'intégration entre les fonctions normatives et compensatoires de la responsabilité civile، la fonction sociale de cette responsabilité d'orientation du comportement des individus et d'atteinte d'objectifs préventifs et dissuasifs s'est détériorée. Cela a conduit la jurisprudence française moderne à appeler à réformer le système de la responsabilité civile pour assurer le renforcement de sa fonction normative de manière à réaliser l'intégration fonctionnelle de la responsabilité civile. Ces appels ont abouti à la présentation par le ministère de la Justice du projet de loi de réforme de la responsabilité civile le 13 mars 2017، dont l'un des objectifs les plus importants est de renforcer la fonction normative de la responsabilité civile. Par conséquent، la recherche a tenté d'identifier et d'évaluer les mécanismes de renforcement de la fonction normative de la responsabilité civile à la lumière de ce projet de loi، et de découvrir les effets possibles qu'il peut avoir. Avec une tentative d'enraciner ces mécanismes dans le droit irakien pour déterminer l'étendue de leur admissibilité et la possibilité de les adopter pour réformer les règles de responsabilité dans notre droit civil. .

Most network management is in the United States of America, so it is difficult for them to introduce all state legislation associated with such networks, subjecting disputes in the network to their laws by concluding a user contract with the network user who, when agreeing to transfer all of its data to the United States of America and accepting it to submit to its laws, has several caveats, particularly with regard to the legality of the terms of use and privacy policies that process personal data. for the user, without having any responsibility to manage the network. While the European countries came against the application of this law and adopted the application of the personal law - which collides with the Internet environment. To find an acceptable legal formula, we found it necessary to put in place a law that is valid for application in the protection of personal data that is flexible and reasonable, which is the possibility of developing a draft law agreed upon by countries commensurate with Internet environment

It can be said that no theory has affected the field of contract as much as the theory of will. This theory has dominated legal thought for a period of time, not short, so that it has become the ruling in the field of creating contracts and arranging their effects. However, the ideas that built the building blocks of this theory were not far from criticism. It is not impossible to influence, and perhaps the most prominent thing affected by this theory is the interventions of the legislator in the field of contractual relations, so that these relation have become an organizational character and no longer have an absolute voluntary character. This is what we will cover in this research

The process of borrowing securities for the purpose of trading is considered one of the investment deals developed in the stock market that keeps pace with the development of trading operations. This process of trading contributes greatly to stimulating the movement of securities continuously and effectively, because it includes several operations within its scope, as it is not limited to one transaction, but rather a reason for various transactions from the process of loan, sale, repurchase, and then redemption. Therefore, this method is one of the most stimulating trading methods for the movement of trading in the market, as it includes a professional investor in the market operations and the price fluctuations that occur. When the price is expected to drop for any reason, she seeks to borrow these securities to sell them and then repurchase them when a profit decreases, and then return them to the lender with the profit of the borrowing. Thus, this achieves the interest of both parties, but these expectations may come with counterproductive results that have dire effects, so this permission to invest in this process requires legislative regulation and the supervision of competent authorities in the market that settle this process, in order to ensure good implementation and protect dealers and the market from the disturbances that result from poor implementation and poor organization. Consequently, the present study is trying to explain these points to put a successful investment method that is organized and a mechanism that is not complicated and with simplified guarantees that we benefit from its positive and fruitful results and avoid the possibility of achieving its negative returns

The study examines a topic of importance in practical life, which is renewable energy, and there are many successful experiences of countries that have almost completely converted to the use of clean energy, after the countries suffer from the disadvantages of fossil energy, if the use of energy in general is one of the features of the times in light of The terrible boom in the field of industry and modern technology, but the regulation of contracts concluded in this field is still the subject of research and jurisprudential controversy, especially with regard to the nature of those contracts and to which laws they are subject. To the public law and those who include it to the private law, so that the study reviews the most prominent what was said in this regard and shows the researcher's opinion on the subject.

When the qualities of the contractor or his person are taken into consideration in the contracting contract, the contractor is obligated to personally implement his obligation, whether it is to do an act or refrain from doing an act. Sonetiwr the contractor is exposed to cireumstanees that preuent him from carrying out obligatim solt, such as furbidding insolvency whie causes a defect in the implementation at the contract as well. Certain effects ther cast a shadow on the contractor and the employer, and the personal implementation of the contractor in the Iraqi civil law differs from Islamic jurisprudence in terms of scope and judgment, which is what we discussed in this research paper through the comparison between them.

The research highlights the discretionary power of the judge in the assessment of marital alimony. The research aims to shed light on the concept of the discretionary power of the judge in the assessment of marital alimony and the opinion of the Iraqi legislation. The problem of the research tackles the gist of the judge's discretionary powers, the standards on which the judge is based to assess the alimony, and whether the power of the judge is absolute or restricted. The research also tackles the application of the discretionary powers of the judge in another research. Certain results and recommendations are concluded. One of these results shows that the powers of the judge are a legal way based on certain conditions and standards determined by the law. It is shown that many ways apply to the fact that the discretionary powers of the judge include his powers to the reassessment of increase or decrease of the marital alimony, imposing temporary alimony, assessment of alimony to the absent wife, and the permission of enabling her to be debit. The recommendations are based on the dependency of the financial situation on the husband, the changing of the prices upon the alimony assessment, the necessity of fixing a schedule to accept the demand of increase or decrease, the imposing of the temporary alimony, and determining the meaning of emergencies that allow contemplating the discretionary of the marital alimony.

The concept of implantation of embryos in an alternative womb is influenced by the religion, social and economic conditions prevailing in each country, and therefore this mechanism may vary from country to country. This requires that the judge search for this concept to determine the legal nature of the relationship in dispute, In what is considered valid by one law, it may be invalid according to another law, which affects the knowledge of the law applicable to this mechanism if it is interspersed with a foreign element

Among the results arising from the developments in various spheres of life. The term “brain death” is what the findings of technical and medical progresses came to, and known as the modern criterion for considering a person dead. This criterion is based on two theories, one of which considers a person dead with the death of entire parts of the brain and such trend is called the American School. The second approach is simply saying that a person dies when the brain stem just dies, and this is the direction of the British School. In Accordance of reading texts of the Iraqi legislation on organ transplants and transfers, we find that it takes the criterion of brain death according to the American School. However, the position of the Iraqi legislator was devoid of many details related to determining the signs of brain death, the method of proof, and the procedures followed in case of a person’s brain death being proven. At this point, the case confines to be transmitted to the competent authority. Furthermore, the outcomes of the possibility of organ transplantation and transfer from the brain-dead person to a person with such a case, entails penal responsibility for those who violate the rule of law regarding organ transplants and transfers. This text identifies one case in which the law permits the transfer of the organ from the brain-dead for a person, which is a case of just medical necessity, as well as a case with conditions that are detailed in Law No. 11 of 2016. In order to understand the aspects of the subject, it has been divided into two sections: The first section, offers an explanation of “brain death” as a concept and its distinction from other terms. The second section, shows the attitude of the Iraqi legislator towards brain death