TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: The budget is the state's tool in managing the fiscal deficit, and in its orbit all the elements of this administration revolve, and the requirements for its application and proper implementation are determined. We say: Due to the importance of the general budget, it is not effective unless it is issued by a law from the legislative authority, expressing the people’s approval and approval through their representatives on the draft state financial budget law. Through it, people’s representatives can monitor the government’s activity and program in light of what is included in the provisions of the general budget. This parliamentary procedure tends to the concept of previous control over government activity more than it tends to the legislative process itself, because the general budget law does not regulate intertwined relationships in reality, but rather ratifies the resources that enter the state budget and their spending during the fiscal year.

Abstract: Acquisition and loss of nationality is one of the rights enjoyed by every person and is considered one of the rights stipulated in international agreements. Nationality is acquired in accordance with cases stipulated by law, as well as the case of loss with regard to emergency nationality that a person obtains of his own free will without being imposed on him.

Abstract: Personal Civil Liability for The Transmission of Epidemic Infection Arises from three Pillars, which are " error, damage, and the causal relationship between error and damage" based on the rules of traditional Civil Liability, as the tort and its elements for transmitting Epidemic Infection are based on articles ( 202, 203 , 204 ) .
The pillars of Civil Liability are that there is an error and that the error results in harm, and there must be a causal Relationship between the error and the damage.

© 2023 TUJR, College of Law, Tikrit University

Abstract: The right to natural resources is one of the important rights as a result of its role in the economies of countries, especially since Iraq of rentier countries whose economy depends mainly on these riches and in order to pay the appropriate amount of attention to the right of the people to natural resources we need to know the political guarantees of this right because of its importance in the lives of peoples as these riches represent an important economic resource that helps to form a social life in which individuals enjoy well-being and living at a level It is worth noting that the explicit inclusion of this right in the Constitution of the Republic of Iraq for the year 2005 has prompted parliaments to issue laws, instructions, rulings and judicial decisions to protect this right, in addition to that, we find that the legislative authority, the Integrity Commission and the Financial Supervision Bureau, in light of their supervisory role, have taken many steps to combat the corruption that affected this right and made it only in the form of lines written in the constitution without any benefit to the people who own it, and on the rest of that, we did not notice any change in the economic reality that confirms to us the effectiveness of these measures, and therefore these bodies could not play their role in a real way to protect this right, so that the role of political parties and parliamentary oversight was not properly expressed the interests of the people, and it is no secret to anyone the role of technical development in achieving Effective protection of this right by delivering news related to this matter to the people through social media or the media to form public opinion that pressures and influences the government to push it to take decisions that achieve the interests of the people

Abstract :The legal standard makes legislation more realistic, given its flexibility and the positive role it gives to the judge of the matter in achieving the ultimate goal of the law, which is justice, that is, justice in social and legal relations, as the majority of judicial rulings support this through the latter’s consideration of the circumstances and circumstances. surrounding the conflict before it The work of the judges or the applied side precedes the legislation in charting the path paving the way for the issuance of more just and realistic legislation, and thus it contributes to the making of the law, that is, it represents the living embodiment of the real situations, actions and disputes in professional contracts of a profitable and non-profit nature that are presented before the judge and which must have A solution through the work of the judge by taking into account its specificity and uniqueness from its counterparts, Therefore, the legal standard serves as a means of legislative art that complements its traditional means and is more capable of achieving a reasonable amount of legal realism, which depends on expanding the role and authority of the judge, as the legislative text, no matter how general and abstract it is, cannot anticipate everything. Therefore, it is necessary to know what is the legal role of the judiciary in determining and resolving disputes of a professional nature? Does realism interfere in imposing its conditions and allowing the judge to search for the purpose or functional solution of the legislative text, or is his role limited to the literal application of the legal text? Likewise, is the judge’s intervention by resolving disputes presented to him by resorting to the realism and circumstance of profitable contracts and the scope of his authority therein restricted or absolute? This is within the framework of two types of contracts: contracts with a professional, for-profit nature and contracts with a non-profit, professional nature.

Abstract: The conditions for electronic appeal by canceling disciplinary penalties are conditions that must be met for the possibility of filing an electronic lawsuit before the electronic administrative court. Documents, paying fees, notifying the parties, pleading and issuing judgment in an electronic way through the use of the Internet and computers, and benefiting from modern technologies in administrative transactions in the availability of full information all the time, which helps in making decisions remotely and accessing notifications and electronic notifications and stages of the lawsuit All parties to the case, and the use of the electronic signature, the system in a manner that achieves the credibility necessary to impose the legal validity of the actions, approve it.

Abstract: Digital drugs abuse, also known as I-dosing, has recently emerged as a danger to Middle Eastern teen­agers through different media channels. This study aimed to shed light on this type of new digital application, its types and effects, and the position of comparative legislation towards it in an attempt to bridge the legal loopholes related to the field of criminalization and punishment for those who trade and promote this type of application,and indicate when criminal intervention is necessary to protect society.

Abstract :The issue of expropriation is one of the most important privileges of the public authority, which it exercises through its discretionary authority to carry out its tasks. The importance of expropriation is highlighted by its infringement of the most important individual property, which is real estate property, which enjoys a lot of constitutional protection.
Therefore, the law always intervenes to set some restrictions on ownership, draw its borders, and define its social function. However, the administration often resorts to breaking these restrictions that the legislator has protected.
This is why constitutional and legal guarantees are among the most important guarantees that guarantee the protection of the expropriation of private property. This is achieved by having means that guarantee their effectiveness and application in a way that restores balance to both sides of the scale if they are imbalanced in the interest of the administration, and the judiciary must be its protector from any attack or harm to it, so judicial guarantees remain one of them. The important means and pillars that individuals rely on to protect their property from administration abuses in the event that it deviates from the limits set by the legislator or in the event that it is arbitrary when exercising its authority granted to it.

© 2023 TUJR, College of Law, Tikrit University

Abstract: The clearing house is one of the most important steps or necessary procedures in the process of trading papers because of its quick and safe settlement, as it defines the rights and obligations of the counterparties in the trading of securities, provided that a central party mediates as a central counterparty to carry out its tasks, and that the effect after Every sale or purchase of securities listed in the market is a process of clearing and settlement of the mutual accounts of the parties to the deals that have taken place. From one account to another, therefore, trading cannot produce its legal effect without completing the clearing and settlement procedures, as it is a non-trading process.

Abstract: The study of the issue of protecting geographical indications from unfair competition is of great importance due to its close association with commercial and economic activity and the linkage of products bearing a geographical indication to a specific geographical area with characteristics and quality of its own, as the protection of geographical indications is a means to give additional value to these products and motivate producers to develop their production And expanding their fields in proportion to the natural and human resources in Iraq.
Geographical indications mean a sign that is placed on goods and products to distinguish them from others due to their geographical origin in the region of a state, region, or place in that region, and this sign includes natural or human factors, or both of them present in this geographical area and which are unique to them from the rest of the geographical regions.
The protection of geographical indications from unfair competition falls within the civil protection, which takes place by submitting a lawsuit to the judiciary from the aggrieved (who has the right to the geographical indication) from acts of unfair competition after fulfilling the conditions set by the law, which lie in the occurrence of acts of unfair competition and harm and the causal relationship between the damage And acts of unfair competition.
The legal protection of geographical indications provides protection for products bearing a geographical indication and protection for the consumer from fraud and deception that occurs as a result of obtaining counterfeit or forged products that do not have the same characteristics, quality and quality as the original products bearing the geographical indication.
© 2023 TUJR, College of Law, Tikrit University

Abstract: Respect for acquired rights is one of the well-established principles in international and domestic law, and we believe that it is necessary to apply this principle in the framework of international relations, provided that rights are acquired legally, as these projects are built on the Tigris River and have negative effects on Iraq's acquired rights, so these effects are reflected in all areas of life, therefore, Iraq may resort to legal means to restore the specified waters of the Tigris River. Quotas which are initially negotiated if there are no results. If diplomacy and politics fail, we can tackle water scarcity through judicial means. In this case, one of the judicial means is to opt for arbitration or the International Court of Justice. Judicial means differ from other means in that the decisions they issue are binding on both parties, in order to offer Iraq’s internationally established share of the waters of the Tigris River.

Abstract: Information crimes are cross-border crimes, which have begun to witness a wide spread in recent times, as a result of the scientific and technical development that the world has witnessed and is witnessing in a growing and accelerating manner, especially in the field of information technology, and the use of Internet means, which has become a wide space for communication between societies, in addition to what The world witnessed the emergence of the Corona pandemic and its attendant repercussions, at various levels, and the serious repercussions on the economies of countries, and the resorting of countries to the means of the Internet to run public facilities in them, and this matter was reflected on the crime scene, through the emergence and growth of information crimes, which began to spread and took space In the form that has begun to worry the international community, and governments at the internal level, and that combating this type of crime requires the establishment of states through their national legislation, and the measures taken by the administration in order to combat these crimes, or at least reduce them, so it can The administration may undertake this task by following a set of verses to carry out this task in the optimal manner, and in a manner that achieves a kind of balance between the rights and freedoms of individuals in the issue of privacy and personal freedom. The personality they enjoy, guaranteed by covenants, international instruments, constitutions and national legislation, and the reduction of the commission of such crimes.

Abstract: The theory of proof has several principles, the most important of which is the principle of the moral conviction of the criminal judge, which is a mental and psychological state formed in the conscience and mind of the judges of felonies and misdemeanors based on the evidence of the case and ends with certainty of the fact that an accused has committed a certain crime or not. The moral conviction of the criminal judge is the result of a procedural and logical process carried out by the court. The goal of judicial conviction is not the presence of a large amount of evidence as much as this evidence will be left in the mind and mind of the judge while he is in the stage of building his moral conviction in order to issue the ruling and provide the appropriate reasoning for it, as the judge is committed to providing reasons for the rulings, as it is required that the reasons on which the judge relied be complete, accurate and clear in the manner and manner adopted by the court in reaching a specific result, which is a statement of the factual and legal reasons and the reasons for responding to requests and defenses without which it is impossible to decide, in addition to the essential defenses that may be issued by one of the opponents and that are related to the ruling issued by the judge, or in other words, it is a statement of the factual and legal reasons On which the judge based his judgment, and as a result, the reasoning targets the judicial ruling, whether it is related to the law or the facts. Therefore, we will divide the research into two requirements. In the first requirement, we will address the definition of judicial conviction, while the second requirement is devoted to examining the control over the reasoning of rulings.

Abstract: The right of states to defend their entity and existence is one of the most important rights sanctioned by the rules of international law and a set of controls and conditions have been set for it. The Charter of the United Nations 1945 approved this right as an exception to the principle of prohibiting the use of force in international relations. The right of legitimate defense of states within the scope of public international law has been subject to legal debate and controversy after enormous developments occurred in the means and methods of combat, most notably the invention of nuclear weapons and the use or threat of use by the possessing state in its relations with other states. Nuclear use in the case of legitimate defense to respond to the aggressor state without restrictions, or does the exercise of this right must take place within a framework of legality, i.e. the necessity of the controls and conditions of legitimate defense as a condition of necessity and proportionality. The International Court of Justice, in its advisory opinion on the legality of the use or threat of nuclear weapons of 1996, addressed the issue of the use of nuclear weapons in the case of legitimate defense, as it considered that within the current state of international law and within the framework of the elements of reality that have been prepared for it, it cannot conclude on the I am certain of the extent to which the use of nuclear weapons is compatible or incompatible with international law in an extreme circumstance of self-defense, in which the very survival of the state is at risk. Legitimate defense, and what complicates the matter is the absence of an explicit treaty ban that states the illegality of the use of nuclear weapons. In its advisory opinion, the Court concluded that it could not reach a conclusive conclusion as to the legality or illegality of the use of nuclear weapons by a State under extreme conditions of self-defense where its very existence would be endangered, and in fact if the use of nuclear weapons would routinely violate International humanitarian law, as implied in the Court's opinion, is also a violation in extreme circumstances of self-defense.

Abstract: The abuse of endowment property by others represents an explicit violation of the sanctity of this type of property, as this assault may take place through legal actions in which the endowment property is a party, or through direct physical assault by forcing the object of the endowment property, or by sabotaging it. The regularity of its continuation in production and the scarcity of resources that contribute to the achievement of the goals of such a type of ownership hinders the search for the scope of civil protection for endowment property vis-à-vis others.

Abstract: In our research, we dealt with legal regulation of retirement in accordance with the conditions and controls included in the employment and civil retirement legislation, which is a case of the employee’s discontinuation from practicing his work, and it is also considered the natural case for ending this relationship, which in turn differs from other unusual cases of ending the work relationship, so he benefits from it The employee, whenever he meets the conditions for benefit (legal age, length of service and pension contributions). Referring the employee to retirement, whether at his request or by force of law due to reaching the legal age, disability or death, has several effects, whether on the employee or on the management, and thus results in the interruption of the functional bond that linked the employee to the institution to which he belongs, so he loses the capacity of the employee and the consequences He has rights and duties, and one of these rights is his right to a monthly salary, which in this case is compensated by the retirement salary.

Abstract: Succession of states is considered the main reason for the transfer of sovereignty from one party to another. Succession may be partial or total. In both cases, it results in one state replacing another state in managing its internal and external affairs. Succession does not only have implications for nationality, but rather its effects extend to various state issues. Such as debts, money, archives, etc. However, nationality and the possibility of its loss are considered one of the most important effects that result from the succession. Therefore, the global and regional international community worked to find solutions to confront this situation (the state of statelessness in the event of the succession).
However, despite these efforts, this situation still exists. Perhaps the reason for this is due to the lack of these efforts and their lack of comprehensiveness for all cases of succession on the one hand, or because issues of nationality and its organization basically fall within the scope of the jurisdiction reserved for the state, which constitutes an obstacle to the effectiveness of international efforts. In this regard.
Therefore, in order to achieve better effectiveness at the international level, it requires concerted internal efforts to achieve the desired result in reducing cases of statelessness in the event of succession. © 2023 TUJR, College of Law, Tikrit University

Humanity has known the concept of peaceful coexistence since ancient times, although it wasn't explicitly defined as a term during those periods. The conflict between the Western and Arab worlds intensified during the Cold War, largely due to Israeli aggression against Palestine, with Western complicity. When the Arabs were on the verge of achieving victory in this conflict, the West promoted dialogue and coexistence as a means to alleviate pressure and secure their strategic interests.
In the context of ongoing violence and the rising tide of extremism that is plaguing the world today, particularly in the Arab and Islamic worlds, researching peaceful coexistence has become essential. This study examines the importance of peaceful coexistence as a means of maintaining security and safety and addressing the challenges that threaten the stability of nations.
The significance of this study lies in clarifying the role of Islamic Sharia and international law in promoting peaceful coexistence, and in proposing practical solutions to the problems the world faces today. The study also aims to foster a common understanding of peaceful coexistence and present an integrated vision that combines Islamic principles and international laws to achieve lasting and stable peace globally.

Abstract: Efficiency reports play a distinguished role in administrative life, by enabling management bodies to assess the effectiveness and quality of the functional system followed by them, by measuring the degree of performance of the activities and tasks carried out by their employees, revealing shortcomings in it, correcting any loopholes that may appear in it, and at the same time, punishing the negligent and rewarding the diligent. However, management bodies may misuse these reports to achieve goals other than those intended by the legislator from their report, so they use them with the intention of achieving a private interest for one of the employees, out of favoritism, or with the intention of taking revenge and spite from the employee subject to evaluation.
The researcher divided this study into three topics, concluding it with a number of results and recommendations, the most prominent of which are: amending the text of Article (30/ 1) of the Iraqi Civil Service Law No. 24 of 1960, and including a text that allows the employee to appeal the result of his efficiency evaluation report in the event that it is not satisfactory to him, or does not reflect the true level of his actual job performance, as well as obligating administrative heads to justify their decisions regarding reducing the efficiency rating of their subordinates, and specifying the facts on which they relied on this evaluation, in a way that enables the employee to avoid weaknesses and shortcomings in his job performance.
© 2023 TUJR, College of Law, Tikrit University

Abstract: Islamic banks occupy a distinguished position in the banking system, especially in Iraq, which has begun to enter large and new investment fields and broad economic openness, in addition to its entry into large international economic and financial organizations, in addition to increasing the awareness of the community members of the importance of the role of banks in general and Islamic banks in particular after entering into financial inclusion approaches. All of this was reflected in the increase in the number of Islamic banks and the diversity of services they provide and their enjoyment of the advantage of practicing banking work in accordance with the provisions of Islamic law, and thus the customers of these banks obtain revenues or profits free of usury and acceptable from a legal perspective, in addition to the reliance of these banks on their internal and external sources to employ them in investment fields that comply with the provisions of Islamic law and in a way that achieves guaranteed returns in low-risk areas. This is measured through investment growth indicators, which are the basis for achieving returns in them according to the framework of the Islamic Banking Law in Iraq No. 43 of 2015.

Abstract: The aim of this research is to identify a new type of crime that differs from traditional crimes in Iraqi society or what was known until the information revolution as we enter the era of electronic crimes and their negative impact on children in society. Cybercrime is one of the most important threats to social security for all local and international communities alike, and these risks require collective action by various sectors and segments of society, especially educated people, in order to educate society about the dangers of these crimes, their dimensions and manifestations that are still under study and research. Especially countries that have long-term contact with the world, which makes them more vulnerable to such crimes, which are characterized by a high degree of organization, accuracy, and uncertainty for large segments of individuals as well, specifically in Iraqi society. The research problem lies in the fact that despite all the progress made in national legislation in Iraq and international agreements that concern the child, it is still threatened by many crimes, especially cybercrimes, which began to pose a serious threat to children and a matter of concern to their families, so it was necessary to shed light On this crime and knowing to what extent did the Iraqi legislator protect the child compared to protection at the international level for him? We will try, through our research, to answer this problem accurately.

Abstract: The issue of research into the subject of oversight will ensure that we respect the constitution and that the law is consistent with its constitutional rules, and will show us the positives and negatives of this oversight. This oversight is political and is entrusted to a political or judicial body, and is of a judicial nature. Each of these oversights has its own methods, and some oversights have begun to take a judicial rather than a political direction.

Abstract: The study aims to explain the reasons for the failure of the administrative lawsuit and the resulting effects and to determine the procedures followed in it. Are there special legal texts in the administrative judiciary that regulate these procedures or is reference to the texts of the Civil and Commercial Procedures Law in both the Iraqi administrative judiciary as well as the comparative countries France? In Egypt, despite the difference in the subject matter of the lawsuit between civil lawsuits and administrative lawsuits, does the death of one of the litigants result in the lawsuit being dropped, or is it resumed through the heirs of the deceased or someone acting on his behalf? The dropping of the lawsuit results in its disappearance as if it had never existed, and all the procedures that took place in it will disappear. Therefore, it is not possible under any circumstances to return to or resort to the procedures of a dropped lawsuit, but the drop of an administrative case does not result in the loss of the right to file it again if the plaintiff is allowed, despite the issuance of a ruling that it has dropped, to go back and file a new lawsuit on the same subject

Abstract: When the administration abuses its powers to maintain public order, this is one of the administration’s defects, and is represented by the administration’s deviation from the legally specified goal when it exercises its procedures to achieve the public interest and maintain public order. The concept of arbitrariness is a legal concept, as it does not mean deviation from the purpose, but rather it is in This scope is the deviation of the administration with authority from the goal determined by the law, which is a goal that is outside the public interest, whether in good faith or bad faith. The term arbitrariness in seizure procedures has gained the attention of jurists. In addition, the defect of arbitrariness in seizure procedures is distinguished by characteristics that distinguish it from others. One of the aspects of abolition, and there is no room for doubt, is that rights and freedoms have become an issue of great importance at the present time. For this reason, many international charters have been issued, many conferences have been held, and many bodies have been established in order to protect these rights, even if the individual has the right to enjoy... Some freedoms, but the enjoyment of them does not take place absolutely and without restrictions or controls, and if any right is given free rein to its owner, it turns, without the slightest doubt, into chaos, and this affects the rights and liberties of freedoms. Adherence to the system and adherence to the controls imposed by laws and regulations. Adherence to the procedures of the system and respect for it is what distinguishes freedom. Aside from chaos, this commitment is considered civilized behavior and a manifestation of civilization. Whereas, when the administration exercises its work and powers, it does not do so outside of the law and respect for rights and freedoms. Rather, there are several restrictions that the administration must take into account when it carries out its usual work. Therefore, we find that the administrative control authorities are usually shocked by a set of restrictions in order not to be arbitrary. Administration: One of the most important restrictions that can be included is respecting the principle of legality, defining the administration’s competencies accurately and clearly, and respecting rights and freedoms

Abstract: The philosophical foundations of personal status issues are evident in their first and most important interest in building the family in its new era, ensuring the stability of the situation within it while guaranteeing the rights of both spouses. The foundations of general philosophy have been fully taken into account in personal status issues that have not undergone any change or the occurrence of catastrophes and developments, As for the issues to which some catastrophes and developments occurred that were not discussed before, here private philosophy did not stand idly by. On the contrary, we find that this philosophy worked hard to keep pace with these developments and changes within society and the family in particular, This philosophy worked to address sensitive and important issues related to personal status in a logical and rational manner that serves the interests of the individual and society without violating the provisions of Sharia, exceeding them, moving away from them, or deliberately ignoring them. Although the philosophy of law is interested in keeping up with most developments, it turns a blind eye to some of the developments and calamities, therefore. In the course of this research, we explained these developments and proposed legislative texts for them.