TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: Perhaps the most prominent thing that wars may achieve, in addition to destruction and poverty, is the extermination of a specific human group, and this may lead to the isolation of the state and the complete paralysis of its movement and progress as a result of the destruction of its basic element, which is the human element. Therefore, the need arises seriously for the existence of penal texts that achieve prevention and response, both on the private and public levels, on both levels. International and internal, to ensure the possibility of a sound society based on sound foundations that qualify it to continue as an effective state in its international and regional environment. Since the forms and methods of crimes that achieve genocide are multiple and diverse at the same time, which requires the presence of texts that accommodate the rapid development and are responsible for protecting society from the danger of these crimes, which calls for the necessity of amending some penal texts to confront the new forms of such crimes.

Abstract: The subsequent administrative procedures issued by the competent administative authorities, represented by the detection of Financial and administrative erros and violations within the entities subject of auditing, are •Prepared according to the relevant Laws, including : the Central Bank of Iraq Law in Forces the Law of the Federal office of Financial supervision in forces and the effective Iraqi anti-money Laundering and terrorist Financing Laws has an effective and important role in Confronting Money Laundering Crimes.

Abstract: A legal person has the right to enjoy the sanctity of his private life. To this end, he has the right to preserve his secrets, documents, and documents without divulging them by others or by workers in official and semi-official institutions, companies, etc. It is also not permissible to intrude on a legal person and spy on his secrets. All of this falls within the scope of violating the sanctity of the private life of a legal person.

Abstract: The crime of financing terrorism is a new crime, that is, a new form of crime. It is a form of terrorist crimes, and its seriousness has made it always associated with some crimes, especially the crime of money laundering. This is what has been observed with regard to the Western and Arab laws related to combating money laundering and the financing of terrorism. It is also the case that Due to its international dimension, it has become the focus of international conferences and forums, and of course the seriousness in combating it does not stop at stipulating it in Arab and Western legislation, but rather by establishing mechanisms to combat it or at least limit its growth, especially after the spread of this crime after the events in the United States of America on September 11, 2001.

legislative omission indicates the existence of a deficiency or ambiguity in the criminal text, which mode the criminal policy incomplete, and that the subjectivity of drug crimes and psychotropic substances requires confronting them on the basis of risk and flexibility. These crimes are often associated with transnational organized crime with the aim of achieving profit and with sordid motives.
The subject of these crimes in within law of Drugs and Psychotropic Substances No. 50 of 2017 is subject to change by the executive authority, which may expand responsibility. The law neglected to deal with negative and positive rules with a degree of sufficiency due to the expansion of exemptions, and the existence of a lack and ambiguity of legislation in many areas.
For example, the Iraqi law ignored defining the nature of narcotics and psychotropic substances clearly , and it ignored the digital drugs, and not discriminating between adult and juvenile offenders in punishment.

Abstract: The preparatory judiciary and the management of the civil case aim to prepare and prepare the case for pleading, without exceeding this goal to delve into the subject because it is not within the jurisdiction of the preparatory judiciary, but rather it is what falls within the jurisdiction of the judge of the subject matter, and due to the large number of cases filed before civil courts, and their accumulation due to the limited judicial cadres and the increase in cases over time, as a reflection of the development of societies and the increase in economic activity, which results in great damage to the interests of litigants and the public interest as a realistic result, which imposed on the national legislator in these countries in order to avoid this judicial defect, by creating a judicial organization that organizes the process of examining and auditing the civil case filed and stating the shortcomings that affect it with the aim of completing it and preparing it for the next stage, which is the stage of adjudicating the case, so the case in this case goes through two stages, the first formal, and the second substantive, and a judge specialized in the formal stage was assigned to him, called the preparatory judge or the supervisor of the civil case management, and thus he had exclusive jurisdiction, without others, to supervise all the procedures that the case goes through in this stage, which is limited to a specific period during which the case ends Its formal integration within this specialization from this stage to move to another specialization, which is examining the case in substance. Therefore, our research was to clarify this concept and show the extent and limits of the jurisdiction of the judge preparing the case or the court that supervises the management of the case and the position of comparative laws on it.

Abstract: The legal framework governing the establishment of tort responsibility for personal acts, other people's labor, or objects, as well as whether or not fault is one of the foundations of the liability, is determined by the laws of the jurisdiction in which the detrimental conduct took place. In the event that it is a pillar, it explains when infringement constitutes a mistake. It is also what explains whether someone who is not discriminating can be held accountable or not, because discrimination, as is known, is an element of error and without it, infringement is not a mistake. If the liability results from the actions of others or from things, it is what determines whether this liability is based on error or without it. Civil liability arises due to the legal obligation arising from a breach of the concluded contract, i.e. contractual liability, while other liability arises due to the damage caused to others due to. The actions of the person responsible. This type is called tort liability. Both types are contract liability, and negligence liability constitutes what is called civil liability. The provisions of civil liability are regulated by the rules of civil law for various countries of the world. It should be noted that the basis of civil liability is the damage caused to others, so the law specifies certain penalties to compensate for the damage. The result, which is: compensation. The study aimed to know the legal basis of the harmful act. The study aimed to clarify the basis of responsibility for the harmful act between error and damage in Iraqi law.

Abstract: If the wise legislator made divorce in the hands of the man, he may sign it, he felt that he could not live happily with his wife and felt that he was married to her, and after what I had done to him, and the various treatment with her marital, and the various treatment with her marital, and consequently, a desire to be a desire and affection Passionate, and a great sense of the work he does, whether he desires it.
A woman is a human being like a man who possesses the same feelings and emotions he possesses, and feels as he feels, so perhaps she is the one who feels alienated from her husband and life with him without the man, and when it is not possible to reach a solution to the problems between them, and that is in various ways and means, the wise law is as made in the hands of the man. Divorce is to get rid of her if he feels alienated from her and thinks that it is impossible to live with her. Likewise, the Almighty has decreed divorce for the wife to redeem herself from her husband.

Abstract: The original Iraqi legislator established procedural rules that apply to all lawsuits, but in expropriation lawsuits we find that he established a special procedural system for the privacy that they enjoy, so he sought to establish special procedures for requesting expropriation as well if it is cancelled, whether at the request of the expropriator or the expropriated from, so we find that the procedures stipulated in the expropriation law differ from the civil procedure law, starting from the submission of the request and passing through attendance and absence and managing the lawsuit and procedural penalties and the ruling in the lawsuit and its annulment and annulment of rulings and methods of appeal, which formed a jurisprudential and judicial dispute in the interpretation of some legal texts, as the expropriation law stipulated the procedures for annulling the expropriation whether before or after issuing the ruling and explained the effects that result from it, which formed a jurisprudential dispute about the nature of the judge’s decision to annul, whether it is an annulment of the lawsuit petition or a jurisdictional order for the administration to withdraw its decision.

Abstract: Discovering the importance of research by shedding light on the topic of disputes that arise among famous celebrities is crucial due to the uniqueness of this type of ownership. Each partner holds a complete share and their proportional share in a specific portion of this common money among contributors while it is foreign to the shares of other contributors with ordinary money. Therefore, a method of allocation was found as one of justice and the most successful set of methods, which includes achieving justice and equality among partners, whereby the benefit in money is shared while retaining joint ownership between them in a specific manner commensurate with each partner's share. If the subject is addressed through a study of the clear organization project for allocation and the definition of the concept of allocation and its types, as well as signing for the concept of its fallen diversity, knowing the effects resulting from it.

Abstract: The widespread spread of infectious diseases in a specific area and within a specific time frame (epidemic), while a pandemic is the spread of a disease throughout the world to reach its highest levels of danger and speed of spread, and this is what happened with the new Corona virus, so the World Health Organization classified it as a pandemic. The focus was on preventing infectious diseases according to national constitutions.

Abstract: Corruption is a scourge that eats away at the body of the state. Wherever corruption is found, there is injustice, oppression, persecution, classism and everything negative, because corruption corrupts society before it corrupts the state and its pillars. Since corruption is so ugly and inferior, there must be appropriate solutions to this deadly disease. Countries have begun to look for treatments and measures to confront this great monster, and these measures had to be strong and great in order to be able to confront it correctly. Many countries have established bodies and institutions for this purpose, and Iraq was one of these countries that established the Federal Integrity Commission to confront the problem of corruption that has spread in all joints of the state, especially after the entry of the American occupation and its corruption of all Iraqi institutions, especially the military ones. The Integrity Commission was established pursuant to the Coalition Provisional Authority Order No. (55) of 2004, and after that, the Integrity Commission Law No. (30) of 2011 was issued, and this law was the constitution of the Commission’s work. Therefore, the Integrity Commission is the first line of defense in confronting corruption in Iraq by taking preventive and deterrent measures and policies through its powers and competencies that Granted by law, it has achieved many results by trapping many corrupt people in the government’s trap, as well as working to recover a lot of stolen money and many results that were the reason for the decline in corruption rates in Iraq after they were very high in previous years..

Abstract: This study addresses the topic of guarantees for achieving justice in the work of quasi-judicial administrative authorities, which is a subject of great importance in the field of administrative law and administrative justice. The problem of the study revolves around the main question: What are the principles and solutions for guarantees of achieving justice in organizing the work of quasi-judicial administrative authorities? Objectives of the study: 1. Study the guarantees of achieving justice in quasi-judicial administrative authorities. 2. Examine the problems and current situation in the work of these authorities. 3. Present ideas and proposals to enhance justice in these authorities. The importance of this study lies in its endeavor to improve justice mechanisms in quasi-judicial administrative authorities through analyzing the current situation and providing practical solutions, which contributes to promoting good governance and protecting employees' rights. The study relied on the descriptive analytical critical approach, where current laws and practices were analyzed and criticized in order to draw conclusions and provide recommendations. Among the most important results: 1. The study showed that the independence of quasi-judicial administrative authorities is a crucial factor in ensuring the integrity and fairness of disciplinary procedures. 2. The results revealed a gap between legal texts and practical application regarding guarantees of justice in the work of these authorities.3. It was found that judicial oversight of the decisions of quasi-judicial administrative authorities constitutes a fundamental guarantee for achieving justice. Among the most important recommendations:1. The necessity of enhancing the independence of quasi-judicial administrative authorities by amending the laws regulating their work.2. The importance of developing specialized training programs for members of these authorities to raise their efficiency in managing administrative investigations fairly and effectively.

Abstract: Tax disputes that can be recognized by the tax administration and taxpayers need a set of legal texts because, however, the system for use is conflicted by two conflicting interests, the interest of the master on the one hand, which sees it as a tool to deduct his money and deprive him of his wealth always, and on the opposite hand, which sees the determination of the tax administration as the means that includes the flow of financial resources to the public treasury and radar, and to balance these two interests requires the presence of a judicial body that undertakes comprehensive protection and insurance of tax practices, but the Sharia judiciary in the view of tax disputes varies according to the system of each country, so the laws wanted from this fact to the judiciary of the ordinary system and some of them entrusted it to spend holidays, and some of them to spend for themselves for themselves represented by assigning this task to the ordinary and administrative officers, with the unwillingness to partially judge and what follows only part of the public and administrative authority, which makes the administrative judiciary is after the ban on judicial disputes. , the administration is included in it.

Climate change is the biggest challenge facing the world and the more dangerous thread to humans and the environment, this threat has become impossible to ignore due to the danger. it causes. several reasons and factors have contributed to the exacerbation of the problem of climate change. Some of which are due to natural causes, meaning they are due to human causes, meaning they are due directly or indirectly to human activity.
The effects of climate change are negatively reflected on the enjoyment of basic human rights, including the right of life. The right of health, the right of food, and the right to adequate housing
Its effects also affect the most vulnerable groups in society. Such as the elderly, women and children.

Abstract: The crime of deliberately using starvation of civilians as a method of warfare is recognized as a crime under international law, specifically in the Rome Statute of the International Criminal Court. Although there are legal options to hold individuals accountable for deliberate starvation, there has been a lack of investigation and accountability for those who violate international law in cases of famine caused by military actions and authoritarian policies. In addition, there is an ongoing debate about whether criminalizing intentional starvation as a method of warfare can be considered a rule of customary international law, allowing for accountability in states not party to the Rome Statut.

Abstract: Digital transformation is considered the most important feature of today's world، and the widespread use of the Internet has led to the expansion of reliance on the international network and its applications، which are based on collecting، storing، analysing and processing data and exchanging information and knowledge in all cases (pradel). Digital transformation is the process of applying digital technologies to renew the method of achieving Business، creating new values and presenting them. Or it is the use of technology to bring about a radical change in business and services by using artificial intelligence، virtual world vocabulary، and other advanced technologies. Thus، digital transformation، in this sense، is a new way of carrying out tasks and providing services while saving time and effort، as a result of identifying... The path and use of electronic technologies in carrying out various tasks.
As for digital security sustainability، it is the ability to achieve and maintain digital security for a long time، by adopting sustainable strategies and policies in order to protect against dangerous cyber threats، by creating a safe digital environment in order to benefit from it in digital technology، data and communications.
This digital security sustainability is based on identifying and analysing expected digital threats and providing protection for digital assets، where sustainable security policies and measures are implemented aimed at preventing، detecting، and dealing with cyber-attacks.
One of the most important findings of this study is the necessity of creating an appropriate legal environment، and knowing the legal challenges and ways to address them in order to develop the legal system that keeps pace with technology and technical development.
© 2023 TUJR, College of Law, Tikrit University

Abstract: In this era, people's need for stipulations in the marriage contract has increased, as every person wants to establish his life according to his own circumstances, and the importance of these conditions arises from the fact that conversations between the spouses, or their representatives from family and friends, often precede the marriage contract, which include conditions that would otherwise not exist. One of them got married. Then, after marriage, these conditions may not be fulfilled, or the person stipulated may deny them or want to go back on what he stipulated on himself, so a dispute will arise, and the matter may be brought before the court. Among the marriage contracts that are accompanied by such stipulations is what people are accustomed to calling the misyar marriage contract. Based on this view, this research came to study the misyar marriage contract in a comparative jurisprudential and legal study. In order to determine the extent to which it conforms to Islamic law, and then the extent to which it can be legally legislated, or decided by the judiciary if it has a basis in the law.

Abstract: Maritime trade plays an important role in international trade now days , as many countrist have become dependent on this type of trade for several reasons , the most important of which are the cheap costs in this type of transport , and secondly , the huge quantities of goods that can be shipped by sea transport ,and finally ,it can be. The least dangerous type of transport is that such a process is carried out by huge and gigantis ships . These ships may need assistance when entering and leaving the ports . The forms of assistance vary . They may need someone to transport them to safety if their engines and equipment break down , so they seek help from an external propulsion force . By pulling or towing it , which is known as marine towing .From here . the importance of studying the provisions of the towing process , which is based on contract concluded between Equipped with the towing vessel and equipped with

Technology and the modern communications revolution have produced some phenomena that were not previously common, and current legislation has failed to encompass these new phenomena on both the legal and administrative levels, in addition to the fact that the spread of automation and electronic governance in government institutions has exacerbated this issue, so a problem has emerged for us in the legal center. For the outputs of these systems and electronic programs, which are called electronic extracts, for which there was no legislation or system governing them before the year (2012), except for a few scattered among the texts of some legislation, and there is no known litigation mechanism that decides on lawsuits related to them, neither in the administrative judiciary courts nor In other ordinary courts.
However, after the legislation of the Electronic Signature and Electronic Transactions Law No. (78) of 2012, electronic extracts have become a tangible case with a legal and legal framework that both public administration and the private sector deal with, and the evidence derived from them is authoritative before the courts.