Journal of college of Law for Legal and Political Sciences

The competent judiciary in determining the rules of jurisdiction of tax disputes Written laws are the results of human will, and therefore, its creation, like any human act, is a constructive act full of contradictions and shortcomings. Since the judge’s function is not limited to applying the applicable legislation only, but also to considering a violation of the law or an error in its application or a defect in its interpretation, or if the ruling was issued contrary to the rules of jurisdiction, or an error occurred in the original procedures that were followed when the lawsuit was initiated and it was found that it affected the validity of the ruling, or if a ruling was issued that contradicts a previous ruling issued in the same lawsuit between the same disputants or from their position, or even a ruling that has attained the degree of finality if it contains a fundamental error, then in addition to his function, he has the right to establish or create the rule applied to the dispute

The main purpose of this study is to shed light on the foundations of the administrative and political decentralization system in terms of clarifying the concept, images and pillars of each of them, in order to move then to a statement of what the texts of the Iraqi constitution of 2005 organized for these concepts, and to clarify the aspects of contradiction and contradiction in the texts of the constitution and the pillars and rules that These concepts were based on it.

There is no doubt that one of the most important aspects of life, as described by most public and private jurisprudence, lies in the concept of law, and this does not deny the extent of the close connection between law and change, as it recognizes the necessity of the law being subject to social change, and accordingly, life is a reflection of its circumstances in all its social, political, economic and cultural fields with a crowd. General requirements, we must. As a specialty of law professors and our prominent figures in constitutional and legal jurisprudence in Iraq and the Arab world, Whether they are legislators, judges, or researchers, they must live evolving events, monitor social reality, its causes, results, and what goes on within it, and be more aware of its good and bad aspects; The location of rights, duties, and all new interests and their protection from attacks; This is in order for the law to perform its major function of ensuring legal legitimacy and eliminating factors of disturbance, instability, and harm affecting individuals. It goes without saying, by choosing the optimal organization tools and advanced technologies in order to advance contemporary life, in addition to the social change and technological progress that humanity has reached in our world, which has become to an astonishing extent compared to previous times. Without question, this rapid progress has left its social and economic mark on the legal system of countries, and indeed on all aspects of life, to the point that some personal aspects of human life, which no one realized would be approached by this change, have invaded and affected them both negatively and positively, and this confirms to us the statement. The famous “The only thing constant in this life is constant change.”

Every crime has its own circumstances and effects that differ from other crimes. However, it is not possible to limit the physical effects that occur at the crime scene. What is important are the effects that are left behind by the perpetrator or the victim, especially the effects resulting from the human body, as each individual is distinguished by some fingerprints that distinguish him from others, such that the individual’s personality can be revealed through these fingerprints. A fingerprint is defined as “those prominent, dreamy lines that are bordered by depressions that take different shapes in the skin of the fingers and palms from the inside.” These fingerprints leave their mark on every object they touch, whether it is smooth or rough, while the importance of fingerprints in the field of criminal investigation is evident by proving the presence of a person in a specific place, especially if that place is the place where the criminal behavior was committed. The person whose fingerprints were found in that place must explain the reason for his presence in that place. The identity of the body can also be identified if the murdered person is unidentified by examining his fingers and arriving at his identity, while fingerprints help in identifying the characteristics and distinctive qualities of the accused, such as knowing their health condition, age and gender. It is worth noting that fingerprints have unique characteristics, as the fingerprint of one person does not match another person at all. Despite the huge number of the world's population, which is constantly increasing day after day, scientific experiments have proven in the field of fingerprints that there are no two identical fingerprints.

Scientific development has been recorded today in the field of dealing with medicines and medicinal drugs. The matter is not devoid of errors, whether these are intentional, mistaken, or negligent reasons that may occur from medical professionals such as a pharmacist or at a doctor’s office prescribing or dispensing medications, which results in... This is because it bears responsibility for everyone who carried out or participated in the responsibility, by effectively monitoring any of them without making arrangements with the window’s regulations and the laws and regulations that regulate it
Plan: Pharmacy was initially closely linked to the medical profession. Scientific development in the medical sciences led doctors to specialize, each in a specific specialty. Pharmacy became an independent specialty from medicine. It became specialized in compounding medications and medical treatments, and the role of the pharmacist became dealing in the field of medications and dispensing. Medicines for medicine, the role of the specialist doctor is to detect patients and diagnose their medical conditions, and his task is to prescribe the appropriate medicine for them, and dispense it, including, and highlights the role of each of them in society in maintaining public health by completely sparing the people who prescribe and dispense medicines. Which this medicine may increase on their personality and safety, given that those who practice the medical or pharmacy profession are all technicians who have obtained certificates that qualify them to know the secrets of its harms, and the varying harms it contains that may result in side injury, toxic repercussions, and serious consequences for the doctor, especially if Negligence in describing it, dispensing it, or hunting it The system for protecting herbal medicines manufactured in Florida did not stop in Florida at the point of issuing new laws for patenting absorption or modifying existing components, with the exception of expanding towards the internationalization of protection requirements during compressor pressures (EPC) and their amendments, and then the use of TRIPS, where the demands of companies producing medicines in industrialized countries were compensated, and it became The system of protection against medicines and the speed of their manufacture is correct in various rules, and control of our children’s patents has also begun in this e-book, an essential center for children’s learning and the establishment of the academy with knowledge of the kitchen and the delivery of information to the creativity of technical knowledge

This study aimed to show the extent to which judicial oversight mechanisms contribute to the limits of administrative control authorities in protecting the general educational system, whether in normal or exceptional circumstances. In normal circumstances, administrative control authorities are bound by the principle of legitimacy, i.e. they are subject to the law in all their actions. However, if the administration exceeds these goals through the measures it takes, the administrative judiciary exercises great oversight over its powers. It may rule to cancel its decision for exceeding the limits of authority, and it may also rule to compensate for the damages resulting from these measures. Therefore, the administrative control authority is a restricted authority and not an absolute one. However, the availability of exceptional and coercive circumstances that the state is going through and threaten its educational institutions. In this case, its powers expand widely and unusually to confront these circumstances. Given the seriousness or arbitrariness of the administration in using its powers, the need for judicial oversight is an urgent matter under these circumstances. Therefore, the administrative judiciary subjects all administrative control procedures in exceptional circumstances to its oversight, with the exception of declaring a state of emergency and martial law. It is not subject to judicial supervision

The state carries out numerous activities daily, carried out by different authorities, regardless of its size or political system. Therefore, the division of state functions based on the principle of separation of powers requires that the state have three bodies, each of which is assigned an independent function. The legislative authority is assigned the task of issuing general, abstract, and binding rules. This is what is called the law and the legislative authority is responsible for implementing laws. The extent of its impact on the integrity of judicial and administrative work was analyzed, and it was concluded that developing these conditions and simplifying procedures can contribute to enhancing the effectiveness of the judicial system and increasing citizens’ confidence in it

The phenomenon of asylum is as old as history, and societies have witnessed it since the dawn of humanity. However, the conditions of refugees were not regulated or received sufficient attention until the middle of the twentieth century, when the 1951 Convention was signed. Subsequently, the situation developed, and the refugee crisis worsened globally, leading to refugees being in dire need of international protection that would provide them with a decent life while safeguarding them from death due to the increasing wars or serious internal conflicts that threaten the security and safety of society. International law has established the conditions required for a person to enjoy refugee status and has also defined the circumstances under which protection is lifted from a refugee, rendering the description of a refugee no longer applicable to them. Additionally, this research includes several recommendations supporting international agreements aimed at protecting refugees.

Penalties depriving of liberty are: a fixed-term penalty that the judge inflicts on the person found guilty through a legal trial in which all the procedures required by law have been completed, and he does not, except on the occasion of the crime, its purpose is to achieve public and private deterrence towards the offender and others, but this penalty, even if it has Its positives, it is not without the negatives that should be observed and the search for treatments limits them.
This is what the researcher tried to explain in the framework of this study, by explaining the concept of negative penalties for freedom, its elements and characteristics, in addition to showing its scope within the framework of Iraqi legislation, according to a qualitative office approach based on extrapolating texts and analyzing them in order to reach successful solutions to the study problem. The researcher reached a set of results and recommendations, one of the most important of which was that this measure had won a share of the organization within the framework of Iraqi legislation, but it did not rise to the organization that it obtained in the framework of other criminal legislation, which the Iraqi legislator should have been aware of through Searching for modern alternatives, which were reflected by the means of technical development in this field, and the researcher included a number of recommendations, the most important of which was the need to make an amendment to the overall legislation texts that would focus on this system and overlook the modern systems in this framework

: Several concerns have arisen over the frequent use of these devices and the extent to which this affects human health and safety, as studies have confirmed the emission of non-ionizing radiation from its service broadcasting towers, and the nature of these rays is electromagnetic with low frequencies, due to their lack of conformity with the standards that take into account this aspect.The legislator was alerted to the danger of non-ionizing radiation emitted from these sources and the damages resulting from them, so he dealt with the issue in aspects of civil liability, but the legislator did not treat this issue criminally, so the question arises about the possibility of treating the issue criminally in the absence of the legislative role? Especially with the growing huge investment in the field of communications and the risks it poses to health.

The qualitative transition of crimes from an individual framework to an organized collective tendency within unified goals and specific aims has become one of the serious and complex problems facing social peace and threatening its basic and secondary pillars. This has revealed the insufficiency of the traditional criminal policy in effect, with its effective legal rules, in protecting social peace and its indispensable pillars for human communities, this is on the one hand, and the necessity of adopting an unconventional criminal policy that treats the deficiencies of its gaps, to confront this inevitable danger of organized mass crime and the serious effects it has in view of the greatness of the rights that it attacks or threatens, on the other hand.
The policy of criminalization and punishment under the new criminal policy should take expanded scopes, represented by a balance between the rights of the community to live in peace and the rights of the offender according to the standards of justice, taking into consideration the facts and various circumstances in the societal reality that will apply the criminal texts inspired by the non-traditional criminal policy. There is no doubt that Justice is unfair if the rights of the perpetrator are given priority over the rights of the community, even if criminalization and punishment are described as harsh within the framework of protecting social peace.

Constitutional and legislative reforms of women's political rights are an essential step towards achieving gender equality and enhancing the role of women in public life. The most important of these reforms are constitutional amendments, as amendments have been introduced to national constitutions to guarantee women's rights to political participation, such as the right to vote and run for public office. Some countries have included explicit texts that promote the principle of gender equality in all areas, including politics. Reforms also include encouraging political parties to nominate more women through legal or financial incentives. As well as issuing legislation that prohibits discrimination on the basis of gender in all areas of life, including politics, which provides a safe legal environment for women to participate

There have been many political and border disputes between Russia and Ukraine, which recently turned into an armed conflict, as the legal situation that arose as a result of the referendum held in Crimea on March 16, 2014, which was not recognized under UN General Assembly Resolution 68, began. /262, because this referendum process came after the military annexation of the Crimean Peninsula by Russia, a situation that produced a new geographical and political reality, which in turn represented a clear violation of public international law, due to the results that resulted from this referendum process, the most important of which is Russia’s recognition of the independence of the territories. Which were called the "Luhansk People's Republic" and the "Donetsk People's Republic". Whereas the legal situation that arose before and after this recognition process; It makes it important to briefly evaluate it in terms of the UN Charter and international customary rules. The differences between the two countries are multifaceted. These differences produced the current conflict between the two countries, which in turn influenced many mutual responses in the context of public international law

In an era of global terrorism and drug trafficking, it is clear that the movements and actions of suspects around the world need to be tracked by law enforcement (officials such as police, detectives, security officers, and criminal investigators) and counterterrorism organizations. Electronic surveillance is a key tool in law enforcement and can assist in counterterrorism operations. Crime detection, prevention, and investigation techniques can include the use of video cameras, eavesdropping, and spying devices. However, the use of these measures is frowned upon by civil libertarians who believe that such surveillance violates the right to privacy of the vast masses in order to catch only a few criminals. They also believe that such a system could be abused by governments around the world. There are also concerns about national sovereignty in cases of international surveillance. On the other hand, law enforcement agencies, both national and international, are keen to deploy surveillance technology simply because it makes the job easier, and sometimes makes impossible cases possible. This article aims to try to better understand this debate. Given the usefulness of electronic surveillance in solving international crimes, the researcher discusses the issue in the context of human rights (specifically, the right to privacy) and national sovereignty. Keywords: terrorism, surveillance, states.

The bid made by the constitutional judge is almost no less important than what the legislator offers when he enacts laws to deal with an issue and organize it, as the more society develops and its institutions develop, cases appear that were not addressed in the legislation issued because the rules of law, no matter how integrated their formulation, remain incapable of addressing various cases and circumstances. And here the role of the constitutional judge emerges when he does not stand idly by in those cases, but rather rules in them and does not abstain under the pretext of losing the text, disguising his duty to achieve the right and resolve disputes before him with diligence in which he develops legal solutions of judicial origin, otherwise he is considered a denial of justice, so he had to diligence.There were several principles and directions established by the Federal Supreme Court that were derived from other texts and worked hard to extract them, so they had an important and clear impact in the development of constitutional rules through their absolute and binding provisions, which were not included in the 2005 constitution of the Republic of Iraq in force and were not referred to in its texts as an explicit reference, and because these texts are It was not classified in a way that facilitates reference. We suggested unifying the judicial innovations that are issued through the decisions of the Federal Supreme Court in one reference

The rightful owner or the party affected by the administrative decision has the right to challenge it before the administrative judiciary seeking its annulment, and to accept the challenger's claim, specific conditions must be met in order for his dispute with the administration to be considered. Among these conditions are those related to the administrative decision itself, that it must meet its requirements and be based on its pillars, namely that the decision must be issued by a competent local or national authority and be final. Also, there are conditions related to the presence of interest in filing the annulment claim, that the challenger must have a personal interest in bringing the claim and realizing the general principle of "no interest, no claim". In order for the interest to be considered as a condition for accepting the claim, it must be characterized by specific features, namely that it serves the individual personally, seeks protection from the judiciary, whether this interest is material or moral, realized or potential, and provided that it is present at the beginning of filing the claim, otherwise it will be rejected
As for the reasons for judicial appeal against administrative decisions, it is acknowledged that the annulment claim is based on the illegitimacy of the administrative decision, i.e., its invalidity, and this is realized when one of its pillars, namely jurisdiction, form, venue, or cause, is lost. This means that if any of these defects affect the administrative decision, the administrative judiciary will rule to annul it.

This research addresses the legal challenges facing public administration in light of rapid technological developments. It is clear that legal gaps in current legislation hinder the effectiveness of public administration and limit its ability to use technology to improve government services. The research reviews the challenges related to data protection, privacy, and transparency, and highlights international experiences in updating laws to address these challenges. Through analyzing the results and recommendations, the research suggests the need to update the legal framework for public administration and enhance cooperation between legislative and executive authorities to ensure compatibility with technological developments, which contributes to achieving greater efficiency and effectiveness in providing government services

This study came to stand on the position of the Iraqi legislator on electronic communications between the wife and her lover in terms of criminalization and punishment and the resulting effects related to the marital bond through electronic means, the most important of which are electronic communications, text messages, sending immoral pictures of themselves and nudity in front of cameras, which are nothing but a result of turning the world into a small village through these spider networks, and yet the Iraqi legislator did not address it directly and clearly by criminalization and punishment despite its negative impact on the disintegration of the family, as these communications are among the most important reasons that push the aggrieved husband in our current era to resort to the competent courts to end the marital bond

Intellectual terrorism is the most dangerous type of terrorism that is practiced today, as it has become a global phenomenon present in all societies and in varying proportions. In which their ideas and beliefs are applied, and the circle of this society expands until it can invade the entire society. All the terrorist operations that claimed the lives of thousands of our people were the result of the deviant and extremist ideas of the extremist terrorist minds that sang the deviant thought.

The term hate speech carries complex connotations, as it is a directed speech that carries a hidden message that incites violence and spreads discrimination among members of the same society. It may refers to meanings of hatred against a particular race, cultural or religious group on the basis of discriminatory tendencies. Hate speech has historical roots mixed with ideas and dimensional values, religious discourse soon assumed a discriminatory character on the basis of ethnic or cultural roots, hate speech is based on calls for violence and spread the spirit of hostility and discrimination, and uses propaganda as a means to reach the other. The danger of this discourse arises in complex societies and fundamentally affects their security, on the other hand the united identity of this community is dispersed, which affects the levels of national security of the state and may develops into destabilizing the political and legal system and it may develops and affects the security of societies in more than one country, threatening international peace and security and undermine confidence in the human rights system. While it stipulated the prohibition of this behavior within the framework of the general penal code, while other countries resorted to criminalizing it through special penal legislations that criminalizing some kinds of this behavior or even the commitment of the relevant institutions to follow the methods of behavior with a social dimension in confronting this discourse and preventing its spread. As for the international legislative framework, the International Bill of Human Rights has confronted and prevented this discourse, through international agreements that stipulate equality between individuals, and combated all forms of discrimination, whether they based on an ethnic, religious or even cultural bases. This research also highlights the negative effects resulting from the spread of the phenomenon of hate speech in many human societies in particular and in the international society in general, which negatively affects the sustainability of international peace and security. The spread of hate speech fuels conflicts, threatening the principle of non-intervention and thus threatening collective security, which aims to sustain international peace and security

The democratic system is the system in which the head of state assumes his position through election, whether direct election by the people or by a specialized body, so that individuals who meet the conditions for nomination for this position have the right to do so and reach it according to the required majority in this regard without a specific person having any personal right to assume the position of President of the Republic. There is no doubt that these conditions are determined by the legislator to suit those who assume this important position in the state. Although the President of the Republic enjoys an effective and influential role in parliamentary and mixed systems, this role varies from one political system to another due to the difference in the mechanisms of their formation and their powers, and this role is also affected by other factors. Therefore, at the same time, the conditions for the candidate for the President of the Republic and his selection are very similar in all countries with parliamentary or mixed systems, but at the same time we find that there is a difference in the role of the President of the Republic in those systems and the conditions for candidacy for this position due to political and constitutional factors

Robots are one of the advantages of scientific and technological progress; because of their advantages represented by the services they provide to individuals, public and private institutions, but despite these advantages, they have some drawbacks; because they are considered a commodity, which requires them to be free from defects; otherwise, the manufacturer and source of the robot will be civilly liable for compensation, unless they are able to get rid of the compensation ruling according to the cases of exemption from compensation specified by the law

Women in many parts of the world suffer from conditions that greatly affect their dignity and humanity, which has led all international human rights bodies and civil society organizations to denounce such behaviors that violate the Convention on the Elimination of All Forms of Discrimination against Women. Since women occupy the most important position in the demographic distribution of the population, in many societies the number of females may equal the number of males, if not exceed it. However, the weight of women in society is not measured by the quantity that they represent more than half of it, but rather by the type of roles they perform. Since the beginning of history, women have dealt with their situation, circumstances, and developments in human life. After a long period of delegating external work tasks, women were able to perform professional duties in addition to their domestic roles, until it has become common at the present time to see women in various work institutions.

Abstract: The subject of the right to justice is of paramount importance in all societies alike. As it affects the stability of individuals and their sense that their lives are governed by justice and their rights are preserved, others cannot extract it from them by force and coercion, whatever their affair or influence, but these concepts were not being applied in antiquity until the beginning of the eighteenth century. Until that time, those who perceived human rights in general and the right to justice in particular with that view or that seriousness. And then the Islamic religion came up with its laws, which encompass all human rights, including justice, provide the individual with a decent life, preserve his dignity and grant him equal rights with other individuals regardless of the classes and levels of society. People then evolved, showed interest in human rights and became items and materials. And clearly, if we bring Islamic law into line with the contents of human rights, we see that among them there is a convergence and a convergence in most of its aspects, and that brings us to the fact that man has the right to a dignified life and to enjoy his rights in any case.