Journal of Legal Sciences

This study seeks to clarify the adequacy of the current legal texts - procedural and objective - to respond to our situation under Corona and whether it needs to modify or develop treatment for this general exceptional circumstance or to avoid it, and the appropriateness of the idea of force majeure or emergency circumstance or (the idea of foreign reason) to face the consequences or effects of Corona on the rules of litigation and the formation of the court and its jurisdiction and procedural appointments and litigation procedures and appeal and judgment and its implementation in order to maintain and implement the public order that interferes with the mechanisms and measures taken It is intended and has legal and judicial implications for the legal stay and the exceptions that are included. All this is done through an analytical, rooting and comparative approach to access alternatives and proposals in this regard.

At present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on real life. Such universities award academic degrees with the highest grades in an exchange of sums of money. Of course, there are those who would pay money to obtain these scientific certificates without the slightest effort or fatigue.

The legislator in the United Arab Emirates was cautious to the danger of this phenomenon., Since the UAE is one of the most attractive places for work, it issued Decree-Law No. (9) of 2021 banning the use of scientific certificates issued by unlicensed entities.

This study aims to define this phenomenon and shed light on the provisions of the Decree-Law No. (9) of 2021 referred to above, to determine the extent of its adequacy to eliminate the illegal academic degrees.

The legislative authority's approval of a project is not enough, as the state president's approval is crucial. If the president doesn’t approve the project within the period determined by the constitutions, it shall be returned to the parliament for further discussion and voting, Either by an ordinary or strict majority, according to the provisions of the constitutions of the countries. To explain the right of objection, we explained, in the First Topic, the definition and distinction, and we explained, in the Second Topic, the legal nature of the right of objection, its kinds, and its constitutional base. In the Third Topic, we discussed the conditions of the right of objection, its procedures, and its effects. Then, the conclusion that included the most important result is that the objection to laws projects is limited to the state president of the Federal Supreme Council and the state president in Egypt. , while it is not stipulated in the Iraqi Constitution, and that the objection to the laws projects didn’t have any reference to the reason behind objection or majority required for the second reading, and the recommendation regarding the suggestion of a constitutional amendment that organizes the objection right in a more detailed way and in a certain period

The termination of the international sales contract is one of the solutions that the parties and the law resort to resolve some fundamental violations that occur in the contract for any reason, but determining the fundamental reason that leads to the termination of the contract is the most extreme type of treatment of the fundamental violation that has been interpreted differently by international experts, whether courts international bodies or international arbitration committees. And in relation to the difficulty of determining the fundamental violation that leads to the termination of the contract and the exceptions contained in cases that are considered a fundamental violation and that are not considered a fundamental violation, the research follows the cases that are considered a fundamental violation and that are not considered a violation of the contract from the point of view of international courts and arbitral tribunals. The research concluded that there is no fundamental violation of the contract except that it has an exception from another point of view that is not considered a fundamental violation, and this does not lead to the instability of the rulings reached by international courts and arbitral tribunals.

The patent means that the inventor is granted a right of intellectual property that is solely acquired by the patent's owner. This study highlights the compulsory licensing provisions that entitle government agencies to exploit the inventor's patent and to exploit it in the manufacture of goods and industries by a third party without the consent of the patent owner for reasons required by the interest of society.

This means has been referred to by Decree-Law No. 11 of 2021 on the regulation and protection of industrial property rights. However, the UAE legislator has made recourse to this means an exception, restricting this means by justification required by the public interest of society.

The study will focus on the description and justification of compulsory licensing. Then describe the provisions governing compulsory licensing and the philosophy of the UAE legislator by analyzing the legal texts and indicate the effectiveness of the legislator in balancing the interest of society with the interests of inventors.

Perhaps one of the most important recommendations reached by the researcher is to call on the UAE legislator to determine how long the licensee can be judged positive for such exploitation and to achieve maximum benefits, especially in the context of satisfying the consumer's needs.

The study aimed to identify the legal controls of solitary confinement for inmates and their psychological, health and social effects on them. The study also aims to identify the controls of solitary confinement in accordance with the most prominent international standards, which are the Nelson Mandela rules for the year 2015, in addition to the national legislation, namely the Palestinian, Jordanian, and Qatari. The study also aimed to identify the The psychological, health and social effects of solitary confinement on the inmates, In this study, the researchers used the analytical approach, based on the analysis of international agreements and national legislation to identify the legal controls, and the analysis of the opinions of jurists to identify the effects. The study reached a set of results, which relate to the concept of solitary confinement, the concept of prolonged solitary confinement, and legal controls. For the application of solitary confinement, in addition to the findings of psychological, health and social effects, the study also recommended a set of recommendations related to the need to train workers in correctional institutions on the best way to apply solitary confinement in correctional institutions, and the need for there to be continuous supervision by the competent authorities on correctional institutions to ensure compliance Correctional institutions apply the controls of solitary confinement.

The study dealt with The impact of dangerous goods Transportation for Maritime carrier responsibility, the study was exposed to the definition of dangerous goods. the study also dealt with the impact of IMDG code on the responsibility of the carrier, and the duties of the parties, as the study spotlights The duty of the carrier to prepare a compatible ship for dangerous goods transport, as well as the duty of the carrier to preserve the goods while highlighting to the difference in this obligation while transporting dangerous goods, and the study also reviewed the duties of the shipper, for example, his duty to inform the carrier with the dangerous nature of the goods and the role of IMDG code in dealing with the danger of these goods. the study also reached several recommendations, the importance to regulate the non- packaged goods as same with packaged goods, also the importance to accept dealing with dangerous goods in light of the acceptable risk, and the necessity of periodic updating of the lists of dangerous goods.

This study focuses on the relationship of the smart contracts and legal application in the field of civil and commercial contracts. The study aimed to anticipate the possibility of issuing a new law in the future, Nowadays, smart contracts t is a legal challenge that cannot be ignored, Despite the UAE legislator’s interest in artificial intelligence technologies and studying them from the legislative aspect, especially in the field of self-driving cars and the use of robots, and looking forward to a global leadership in the field of Block chain, it is still early to talk about bringing the Block chain to the ground of legislative reality in light of the challenges and risks arising from many challenges that We discussed them in this comparative study with international trends towards the legality of the work of the block chain. To clarify this issue, we write this research paper in order to discuss the challenges and legal difficulties, Therefore, this prompted us to focus more on applying Blockchain technology to law and transactions more precisely. This led me to pose the problem of the appropriateness of current legislation to accommodate Blockchain technology and the legal problems that it can cause on a realistic level. In addition to the availability of confidence and security to accelerate the legislative pace in the Blockchain to keep pace with the developments of what (Blockchain) offers in our contemporary legal life. we made recommendations aimed at addressing these legal challenges to contribute to addressing them.

The importance of this topic is reflected in the need to know the legal provisions for the offenses of insult and slander within the scope of information technology, which have a great impact on people, and have been used to undermine human honor and dignity, especially that it is one of the new crimes, which has not been studied extensively by researchers, and many have tried Some countries develop their legislative systems by introducing punitive and procedural texts and legislation that are compatible with the phenomenon of modern technical crime And we decided to research the pillars of these crimes and to clarify their general provisions through exposure to the public and private pillars that prove criminal responsibility, and we found it appropriate to state the position of the Libyan law and some comparative laws on the crimes of slander and insult through social media platforms, and also to show the legislative awakening of the UAE law coinciding with the development of technology It is associated with some Libyan and Emirati judicial applications in this field, wherever it is possible for us to do so.

In the beginning, the study examined and analyzed the obligations and rights of the government partner in the partnership contract, one of the most important of which was to provide an appropriate environment that includes an organized legal framework that allows the private partner to enter into investment fields, and ensures that he obtains returns that make him desirable from the users of his services and products, and that administrative procedures are conducted in a legal way that enables the contracting partner to obtain the licenses and approvals necessary to establish and operate the project easily and smoothly, in addition to the stability of the legal legislation on the status it was in at the time of the conclusion of the contract, and one of the most important rights was the right to choose the contracting partner, and the right to censorship, whether technical or financial. Or administrative, in addition to the right of the contracting authority to amend if the interest requires it, and to impose penalties on the private partner when it is found that he has committed errors that may lead to damage to the public utility.

After that, the study dealt with the obligations and rights of the private partner in the partnership contract, one of the most important of which was the implementation of the project with the specifications and standards agreed upon in the contract, the commitment to the specified period of the contract, the commitment to the transfer of new technology and knowledge, the commitment to operating the project efficiently and continuously, and the commitment to transfer the project to the authority Contracting with all its assets. Among the most important rights of the private partner was the right to obtain cash consideration, whether financial assistance provided by the government or the provision of some services, and the right to benefit from the guarantees and incentives stipulated in the investment laws, as well as the right to ensure that the facilities and property of the project are not seized.

The reliance damages for depending upon the contract are considered as a type of damages arising from the breach of the contract, which are included within the common law remedies for the damage and loss suffered by the non-breaching party. It is worth-bearing in mind that the reliance damages are monetary in nature, and different from such equitable remedies as the specific performance and the injunction which are of real nature. It is to be noted that this piece of research is dedicated to study the concept of the reliance damages in the English law, as well as their states, the judicial doctrines upon which this type of damages is based, and the manner how the courts estimate them. Compared with situation of the Iraqi civil law No. (40) of 1951, which adopts the concept of the damages to compensate the loss suffered or sustained and the lost profit anticipated. It is to be noted also that the problem of the study lies in studying this type of damages, which is not regulated by the Iraqi civil law, particularly the pre-contractual reliance damages. and an attempt to suggest some relevant recommendations to the Iraqi legislator to treat the insufficiency due to the non-regulation of this type of damages. As well as suggesting a legal regulation to them.

This is a theatrical overview of the organizational approach regarding the definition of functions of criminal law and the nature of the criminal justice system. The research assumption is the following (organizational approach is the most important and effective instrument to achieve the goal of scientific-oriented law.

The law should be defined by the terms of science, not by the terms of politics and relatively social norms. Through legally organized law social needs can be satisfied at the right time, and legislative intervention becomes more functional.

The investment of something mortgaged is defined as the creditor's use of the mortgaged object within the possessed guarantee, so that it will produce certain profit increasing its produce when he uses that for himself or rents it to somebody else or to the creditor himself after discounting his produce from the debt of the mortgagee. The investment of the object mortgaged is the right of the creditor and a commitment imposed upon him simultaneously. If he execute his commitment of investing the mortgaged object which adds a fruit to the produce, the fruit can be discounted from the debt of the mortgaged object; that is to say, a clearing is made between the fruit of the mortgaged object and debt that stands for the object mortgaged. If the creditor violates his commitment, the mortgagee has the right to draw the object mortgaged from his and had it to the juridical person, and the mortgaged has to completely pay the guaranteed debt imposed upon him, so that he can restore the mortgaged object even though before the specified time.

Administrative corruption is a concept that includes the abuse of entrusted power for personal benefit. It has become a prominent contemporary problem affecting all government systems around the world. It involves widespread harm and negative impact on progress and development, and is considered a threat at the international level because it impedes development programs and undermines the interests of the public. Administrative corruption threatens modern governments, distorts public policies, causes weaknesses in the oversight system, and affects the distribution of resources.

Islamic law is considered a pioneer in diagnosing this type of problem, as it provides clear solutions to eliminate administrative corruption, as Islamic law recommends the application of oversight as a basic strategy to correct management procedures and achieve justice and equality. It also recommends that strong ethical leaders, who are considered good role models, be appointed to appropriate roles, as they will be an effective tool to reduce administrative corruption.

This study is about the subject of exclusion of the application of foreign law as it violates the Islamic Sharia law in terms of Article (27) of the UAE Civil Transactions Law as amended in 2020, which before that date included all disputes involving a foreigner. According to the amendment referred to, the application of Islamic Sharia law shall be limited to civil transactions with the exclusion of personal status affairs.

The study concluded with many results, the most important of which is that the current text of Article (27) of the Civil Transactions Law as amended in 2020 is unable to explain what the judge may do in cases where the foreign law jurisdiction is referred to in one of the excluded texts, namely those related to personal status affairs contained in Articles 12 to 17 of the aforementioned law.

The research aims to study the estimation of compensation due to those affected by terrorist acts, guided by the legal systems in the Kingdom of Saudi Arabia and the experience of the French and Egyptian legislators, beginning with the dispute over the definition of terrorist act, and analyzing the extent of countries’ commitment to compensating those injured by terrorist acts, the legal basis for compensation for damage, and how the injured person is entitled to compensation and its relationship to standards Compensation and how to estimate it.

The research reached several results, including the multiplicity of legal trends in defining a terrorist act, and the most prominent of these trends is the material trend, which focuses on the behavior leading to the crime or its component, and the moral trend, which is concerned with the goal of the terrorist act. The French legislator created a special law for this purpose, but he committed a fund to finance the compensation due for the damages of terrorist acts, and in addition to the Egyptian law, a definition of terrorist acts was established.

The assessment of compensation in the Kingdom of Saudi Arabia depends on a settlement committee formed for this purpose, and unless the law specifies provisions for calculating compensation, the judicial assessment of compensation is subject to the assessment of compensation based on the subsequent damage according to the availability of several basic elements. The assessment of compensation for material damage is relatively easier than others, as the courts were included in In most cases, an expert is appointed to perform that task. Although the expert's opinion is not binding on the court, it is often used as a guide and is considered a reason for the judgment. The court also considers the seriousness of the official's mistake and the extent of its impact on the injured party in estimating compensation.

The study aimed to shed light on the provisions of the lease of the common money as a whole or the common share, these provisions still raise problems when applied, and the fact is that the lease contract concluded by all or one of the partners with others is based on the exchange of a clear benefit, which is the exploitation of the real estate that is a circle between these partners Considering that they are one person in the eyes of the law and he is the landlord or by one of their partners, the researcher compared the texts of the articles of the Journal of Justice Rulings - from which most of the rulings were derived because they are applied in Palestine - with the texts of the Egyptian Civil Code No. 131 of 1948; This is to make a brief and clear elaboration between these two laws, which differ in their presentation of the subject and their treatment of the provisions. The descriptive analytical approach was used for the purposes of achieving the objectives of the study. Their right to benefit from it, and if these actions were carried out by one partner, he did not need the approval of the partners, and the partner was like an agent on their behalf, and if it happened and if they objected to it, it is considered invalid and not implemented, and these actions may be material actions and may be legal actions. The study recommended a set of recommendations The most prominent of which is the need to work on enacting new legislation that deals with all the provisions and rules of joint ownership, and is based on regulating all forms of this ownership, its provisions, and the rules for its division among partners.

Elections are one of the pillars of democracy. Therefore, adequate legal guarantees must exist to preserve democracy. One of the most important aspects is setting rules to govern electoral campaigning, due to its impact on the choice of the electorate, and thus the formation of the parliament, legislation, and state policy for several years. This study focuses on the candidates’ behavior that might mislead voters and affect their choices, which include election promises whether directly or indirectly. The study will focus on examining the limits of electoral promises and their mandatory extent to achieve criminal protection for the voters. This study will adopt the comparative analysis, and descriptive approach to present its hypotheses by examining Bahraini legislation and comparative legislation and judiciary.

The study resulted in drawing the objective boundaries for electoral promises, and the actions of the members of the parliament, which is considered misleading. Moreover, proposing legal articles and amendments to provide further legal criminal in the Kingdom of Bahrain.

The Emirati Labor Legislation is one of the most effective legislations in its response to the developments and variations of the labor market, an effectiveness attained through emphasizing the necessity of workers’ efficiency reinforcement and through conserving and supporting skilled labor. It is however necessary to maintain balance in labor relations, to achieve equal opportunities for workers, and to ensure their rights, especially the citizens. The United Arab Emirates is actively seeking to support national talent by applying the Emiratization Policy, which is one of the State’s most prioritized concerns. This Policy entails achieving a balance between the labor relations’ stability and meeting the labor market’s requirements which include innovation and performance excellence in order to attain public interest.

The Administrative agency enjoys certain privileges when issuing disciplinary actions on a public servant. As the only entity conferred with the authority to issue disciplinary action to actualize certain aims, like establishment of, or amendment or repealing of certain legal provisions. Public service is regarded as the most widespread sector due to the employer-employee working relationship between the administrative agency and the public servant. The aim of disciplinary action is to serve deterrent to the employee from committing similar offence in the future and guaranteeing of smooth running of the organization and effective delivery of work. Therefore, the administrative agency must commit to achieving this aim, without being outrageous in taking disciplinary action, rather the punishment should be proportionate to the offence committed. It is from this perspective the oversight function of the Administrative law Judge becomes important in ensuring that the punishment imposed is not unreasonable.

The legislators in (France, Egypt and Syria) set controls for filing an administrative lawsuit, including the signature of the lawsuit petition by a lawyer accepted before the court, and the lawyer is committed to performing his work in accordance with the conditions of the State Council and the practice of the legal profession. And if the goal of the legislator is to achieve the public and private interest represented in observing the law and assisting the plaintiff legally, then this condition sometimes leads to individuals refraining from resorting to the judiciary because of the financial cost of registration fees and lawyers, which prompted the legislator, especially the French, to exempt several lawsuits from this condition, including lawsuits for annulment Allowing the plaintiff to submit the petition himself, even without paying the fee in advance, to prevent the administration from abuse of its powers, and this was not taken into account by the legislators in Egypt and Syria, despite their stipulation that some lawsuits be excluded from this condition. The law of the State Council in these countries stipulates that the State Commissioners Authority undertake the preparation of the case, and the commissioner undertakes all the work to prepare the case for ruling on it, and organizes a draft ruling that the judge often adopts, especially in France, in addition to the positive role of the judge, which allows legislation to mitigate this condition .

Computer programs are one of the most prominent features of technical progress in the field of information technology, which has raised many new issues that have not existed since the mid-twentieth century. and controls on the use of these programs by third parties,

Controversy still exists about the legal nature of computer programs between those who believe that they are subject to the laws of patents and industrial property, and those who believe that they are subject to the laws of copyright protection and literary and artistic property, and the resulting difference in the scope of protection and rights established according to the legal system adopted in the application.

This study comes to shed light on the legal nature of computer programs and to indicate the legal conditions that are required to be covered by protection.

The constitution is considered the supreme law in the state, as it clarifies the form of the state and the existing system of government in it, and defines its general authorities and their relationship to each other on the one hand, and their relationship to individuals on the other hand, and this is what the Iraqi constitutional legislator stipulated according to the constitution (2005).

However, one of the public authorities in the state may sometimes resort to stopping the implementation of some provisions of the constitution without relying on a constitutional text that gives it the authority to do this work, and this is what has been termed the actual suspension of the constitution.

What complicates the matter in Iraq is the political crisis in the Iraqi constitution for the year (2005) /subject of study/ following the legislative elections for the House of Representatives. Especially what happened after the parliament elections in 2021 in terms of conflicts between the political blocs and parties, which in turn led to the disruption of the oversight work of the parliament on the performance of the executive authority. In addition to obstructing the exercise of the legislative role of the House of Representatives, especially with regard to approving the Federal General Budget Law, not to mention the actual obstruction of the approval of the draft law of the Federal Supreme Court, which is considered the final authority for the rest of the authorities.

For all of this, we chose this topic with the aim of: Studying - the actual suspension of the Constitution of the Republic of Iraq for the year (2005) - in its general theoretical and conceptual framework, an independent scientific study, By extrapolating the Iraqi political reality and comparing it with the provisions of the constitution related to the three authorities (the legislative authority, the executive authority, and the judicial authority), and developing solutions that guarantee addressing the bitter political reality according to the principle of legitimacy.

In our study of this topic, we followed the descriptive and analytical methods to analyse the texts of the Constitution of the Republic of Iraq for the year 2005 related to the subject of the study. We divided the subject of the study accordingly into two sections as follows:

The first section came under the title of "Disabling the Constitution" and its differentiation from other related concepts and justifications.

The second section was titled "The Actual Disabling of Public Authorities According to the Constitution of the Republic of Iraq for the year 2005 and its Relation to the Principle of Legitimacy."

We concluded the study with a conclusion that included a sentence of results and recommendations. One of the most important results we reached is that :

The relationship between the actual disabling of the constitution and legitimacy according to the Iraqi Constitution for the year 2005 is manifested in the failure of rulers to commit to the principles contained in the constitution and intentionally neglect them towards the principle of the constitution's supremacy and the principle of separation of powers, which are effective guarantees for the principle of legitimacy.

As for the most important proposals and recommendations,

We suggest that the Iraqi constitutional legislator addresses the flaws in the texts of the Constitution of the Republic of Iraq for the year 2005 by completing the constitutional amendments provided for in Article (142) of the Constitution and adding a text that includes the adoption of the principle of citizenship in the heart of the constitutional document and its application as the sturdy fence to safeguard the constitution from violations and achieve stability in the system of government and its institutions.
To achieve constitutional justice, guarantee individual rights and freedoms, and legitimise the decisions of the Federal Supreme Court, we recommend that the Iraqi legislator expedite the enactment of the Federal Supreme Court Law to address the political crisis and overcome the impasse of the disabling.

The judicial oversight over the administration’s work and the administration’s right to sue its clients is getting stronger in the face of the financial aspects in countries that refuse to continue the socialist-interventionist approach. These countries resort to the new approach of the state neutrality. This calls for an examination of the aspects of legislation that the Ministry of Labor deals with and its right to litigation and procedures prior to benefits. This is in particular the financial ones for those covered by them.

The idea of citizenship is one of the old political and legal ideas that have long occupied a wide area of thinking in most countries of the world because the right of citizenship is linked to the identity and cultural reference of human persons of different origins and ethnicities. Citizenship is the equality of citizens irrespective of religious, sectarian, tribal, ethnic, or sexual tinctures. Countries sought to enshrine this right through international conventions, affirmed through the constitutions, statutes, laws, and media of States, to increase the association of individuals affiliated with the State with their national identity and to grant these individuals all their rights under international conventions, constitutions, or domestic laws as an important element of the State. Citizenship in its sense remains an inclusive framework. This right safeguard the rights of the minority and the majority within the scope of the concept of inclusive citizenship. The citizen has all the rights and duties, and real citizenship does not ignore the realities of the country's cultural, social, and political composition.

The rights enshrined in the Universal Declaration of Human Rights and international human rights conventions have affirmed the utmost importance of every individual in society. This right has been enshrined in the constitutions of States, including the Basic Law of the State of the Sultanate of Oman.

Considering that migration is moving to live from one place to another, with an intention in the place that was intended for a long time, due to the frequent movement of individuals from one place to another, and due to the different purpose of migration, we find external migration classified into legalized and irregular migration, and the reasons The growth of illegal immigration is due to economic, social, and psychological motives, and therefore we find that it has multiple effects, both on the country hosting immigrants in terms of economic, security, social and health terms, or on the level of organizing international relations between countries, so countries sought to mitigate this phenomenon and deal with immigrants As stipulated in its internal laws and in accordance with international law, while ensuring that their rights are not violated, and this is what Morocco has worked to achieve.