Al-Kitab Journal for Human Sciences

The nature of an administrative lawsuit differs from that of a
civil lawsuit for several reasons, including the rapid evolution of
administrative law and the absence of a specific law governing
administrative lawsuits. Additionally, administrative law derives its
provisions from established judicial rulings, and there is often an
imbalance between the parties involved. In most cases, the
administration assumes the position of the defendant and is equipped
with the means of proof, particularly its possession of administrative
documents and records. The individual, on the other hand, lacks access
to such evidence and is usually in the position of the plaintiff.
There are factors that influence the proof in administrative lawsuits,
most notably the privileges granted to the administration for the
purpose of managing public services. These privileges include the
possession of administrative documents and records, as mentioned
earlier, the privilege of direct enforcement, the privilege of initiative,
and the presumption of validity attached to administrative documents
(the presumed legality of administrative decisions).
Given the disparity between the positions of the parties in an
administrative lawsuit, and the administration\'s possession of these
privileges, the administration often holds a stronger position in relation
to individuals, who lack the tools and methods available to the
administration as a party to the lawsuit. Conversely, the plaintiff is
frequently in a weaker position, as they are, at times, unable to access
certain information in the possession of the administration, which
negatively affects their ability to prove their rights or results in
obtaining their rights partially or belatedly. Thus, it is necessary to
identify the factors that influence proof in administrative lawsuits,
which include the privileges that impact such lawsuits and the positions
of the administration and the individual therein.

Civil liability provisions, especially those arising from
building collapse or defects, are among the most important legal
provisions. Although the Iraqi legislator regulates them in Article
(229) of the Civil Code and the other articles, the term collapse or
demolition used by the Egyptian legislator and some other laws
is more precise. From the term “fall” used by the Iraqi legislator,
the collapse of the building is part of its demolition. The person
responsible for the collapse of a building is a person who has
actual control over it.
The law may grant the right of recourse to another person
responsible for it, such as the construction engineer or contractor.
The right of recourse must also be to other persons involved in
the construction process.
The general rules regulating this liability in the Iraqi Civil Law
are insufficient to provide the necessary protection from damages
resulting from it.
Compulsory insurance for building defects and its collapse in
general and compulsory insurance against liability arising from it
in particular have become very important demands to enhance the
quality of buildings and to protect those affected or buyers from
building defects.
The hidden ones that appear after delivery.

A minor is any person whose legal capacity is
incomplete, either due to not having reached the legal
age of majority, due to an impediment to legal
capacity, or for any other reason. Minors are
considered an important segment of society and
require special care, as they are incapable of
managing their affairs independently, often due to a
lack of understanding and their inability to perform
tasks. Therefore, it is necessary to protect them in
matters involving foreign elements, especially when
determining the court with international jurisdiction
to adjudicate disputes in which they are a party.
Most countries tend to choose domicile or habitual
residence as the basis for determining the
international jurisdiction of their courts in
proceedings related to the protection of minors, as
this provides them with protection and spares them
the burden of traveling to foreign courts, which
would require additional effort, time, and expenses.

After the election process concludes at the designated time
and all polling stations are closed, the counting committees tally the
votes obtained by each party or candidate. The process of
distributing votes begins based on the number of votes each
candidate or party has received, or based on the list. Following this,
the process of determining the results begins, which are then
announced in accordance with the electoral system and law in the
countries under comparison, including Iraq. Thus, the announcement
of election results is merely a logical outcome of the general vote
count.
After every election, we often find announcements that lead to
numerous allegations of fraud, tampering, or even outright rejection
of the results. This was the case in Iraq, where the reactions of some
political forces and parties escalated to the point of complete
rejection, with protests or sit-ins taking place across the country. At
this point, the phase of electoral appeals begins after the results are
announced. These appeals are a legal mechanism established by law
to correct, amend, or annul erroneous, incomplete, or even unlawful
executive or judicial orders and decisions.
The significance of this research stems from the election process,
which may reveal legal violations or defects, such as falsification,
fraud, or other forms of manipulation of election results. Electoral
appeals are of critical importance as they serve as a protection and
guarantee of the public rights and freedoms of citizens, whether
voters or candidates, which are connected to the constitution to
ensure the principle of equality and participation in voting and
candidacy. Therefore, they are a legal means that provide guarantees
to ensure the integrity, fairness, and credibility of elections. The
research concludes with a set of recommendations and findings
relevant to the subject.

The BRICS bloc has sought to challenge
Western policies and traditional rules and confront
American hegemony in order to bring about change in
the international system and thus create a multipolar
system. BRICS was also forced to face many difficult
challenges at the national and international levels that
hindered its efforts to bring about the desired change.
The emergence of a major power in its capabilities and
external political behavior to dominate the international
system stimulates the emergence of other alliances and
groups whose goal is to preserve its security and
political and economic interests by building a strong
system that depends on its components, to balance with
that power or to prevent this power from achieving its
goals of controlling the international system. Therefore,
it is natural that the emergence of international blocs
represents an influential factor on the nature and form
of the international system.

Surveillance cameras play a significant role in
the present day, as they contribute to preventing or
reducing crime by identifying and apprehending
criminals. As a result, their use has increased in both
governmental and private institutions, as well as in
streets, public parks, and recreational areas.
Additionally, there has been a rise in their use by
individuals, who install them at the entrances of their
homes. Therefore, this research aims to shed light on
the legality of installing and using surveillance
cameras at the entrances of homes, and to outline the
regulations governing the installation and use of these
cameras.

The right to know the truth is both a personal right of
the victim and a collective right of society to uncover the truth
about human rights violations and identify those responsible,
in order to prevent their recurrence in the future. This right is
not subject to a statute of limitations when it comes to
discovering the facts surrounding human rights violations. It
stands out from other rights due to the importance of
uncovering the truth for compensating victims, holding
perpetrators accountable, and preventing the repetition of
human rights violations. This right has a legal basis in the
resolutions of the United Nations General Assembly and in
the provisions of international conventions concerned with
human rights law and humanitarian law. It is an independent
right, although it is connected to other rights such as the right
to reparation and the right to effective remedy. The material
scope of this right covers serious violations of international
humanitarian law and grave breaches of human rights law,
while its personal scope encompasses victims of these
violations, particularly those subjected to extrajudicial
executions and enforced disappearances.

Praise be to God, Lord of the Worlds, and may
blessings and peace be upon the most honorable of
messengers, the Seal of the Prophets, and mercy from God to
the worlds, and our Master Muhammad, and upon his family
and pure companions, and after. The present study deals with
the British Orientalist position of the Orientalist Montgomery
through his book Muhammad in Medina. It tackles the causes
of the Battle of Badr, and its results through the book
(Muhammad in Medina) and the response to it. Among the
most important events that affected the path of Islam nation
was the Great Battle of Badr in the second year of the Hijra,
as it was the cornerstone that it laid the foundations for this
nation and its horizons began. It was the turning point that
transformed the nation from weakness and humiliation to
strength and glory, and it distinguished between truth and
falsehood. The battle occurred in the 17th
day of Ramadan of
the second year of Hijra near the wells of Badr on the trade
way to Al-Sham, one of the famous Arab markets. Badr
represents the opening victory for the Muslims and the
beginning of good and prosperity. When Badr is mentioned,
it is connected to the biography of the prophet Mohammed
(peace be upon him) and his great achievements against
atheism.

It is known that the administration cannot work
without the expressed human will.
Accordingly, legislation has paid great attention to the
public employee and his legal situation.
Perhaps, the public employee’s most important concern
in this regard is the guarantees that are connected to
disciplinary punishments.
Iraqi legislator is distinguished in this regard by
providing a set of methods through which the employee
can avoid the disciplinary punishments and their
consequences.
Iraqi legislator has adopted a system of thanks and
appreciation that eliminates or reduces the effects of
some disciplinary punishments, in addition to canceling
the disciplinary punishment after passing a particular
period of time, or what was called annulment, or as called
by some legal systems ‘erasure.
Although Iraqi legislator was successful in determining
these methods, his position towards them was imperfect.
Thus, the present research is devoted to addressing the
features of this deficiency by organizing the methods of
administrative cancellation of disciplinary punishments
due to time.

Most labor legislations, including the Iraqi Labor
Law and the Jordanian Labor Law, have guaranteed the
right to litigation for the parties involved in labor
disputes. They have established specialized systems to
adjudicate labor claims brought before them. The Iraqi
legislator has assigned the jurisdiction over labor
disputes exclusively to labor courts, outlining their
competences and specific litigation procedures, as well
as the levels of litigation and statutes of limitations.
Given the importance of this matter, we have compared
the Iraqi system with the specialized labor judicial
system in the Hashemite Kingdom of Jordan, which is
governed by the provisions of the current Jordanian
Labor Law. The Jordanian system is distinguished by
having multiple authorities with jurisdiction over labor
disputes, depending on the type of labor conflict.
Furthermore, the litigation procedures for labor disputes
outlined in both laws are characterized by simplicity,
ease, and facilitation, including exemption from court
fees, treating these claims as urgent, and allowing
appeals in specific cases as provided by law.

The present research addresses one of the
contemporary accounting issues, namely the failure of some
financial markets to keep pace with technological
developments, specifically in the use of electronic disclosure,
or the inadequacy of the disclosed information in meeting the
current stage's requirements. The Iraq Stock Exchange is
considered one of these markets, and thus it was selected to
assess the level of electronic disclosure and to identify the
means to enhance that level in accordance with the current
stage's requirements, serving decision-makers, especially
investors.
To achieve this, benchmarking was used as one of the tools,
by comparing electronic disclosure in the Iraq Stock
Exchange with that of a developing market, using the Dubai
Financial Market as an example. The comparison revealed
that the level of electronic disclosure in the Iraq Stock
Exchange is weak, representing the second stage of electronic
disclosure development, and that it provides only half of the
information disclosed on the Dubai Financial Market’s
website

Investigating the subject of the supervisory role of the court of
appeal in the decision to close the pleading requires an explanation of the
concept of the conclusion of the pleading, which was stated in the
amended Civil Procedure Law No. (83) of 1969, and was defined by the
procedural jurisprudence as “a preparatory judicial decision taken by the
court when the case is ready to issue a ruling”. This decision has a set of
characteristics that distinguishes it from others because it is a decision
based on a suspended condition, which is a legal duty and right at the
same time. It is also considered a procedural impediment to some of the
procedures contained in the Civil Procedure Code, in addition to other
characteristics that make this decision distinguished from other decisions
that focus on one topic, which is (the pleading). In order to make this
decision legal, conditions must be met; the case must be prepared for
judgment, the case must not have expired before the judgment is issued,
and the procedures for issuing judgment must not be initiated. One of the
advantageous characteristics of the decision to conclude the pleading is
that it is one of the decisions that are taken during the course of the
pleading and does not end the case. The Iraqi legislator has stipulated that
it is not permissible to appeal this type of decisions except after the
issuance of the decisive judgement on the case, and this is what is
confirmed in Article (170) of the Civil Procedure Code. In order to
determine the validity of the decision to conclude the pleading or not, it
must be before a competent court, and this court should be within its
specific jurisdiction to consider appeals against judgments and judicial
decisions issued by various courts. We have noticed that legislation,
including the Iraqi one, did not specify a date for directly appealing the
decision to close the case, but rather linked this date to the decision of
issuing the decisive judgement for the case, and that the legislator
organized the appellate appeal as one of the regular methods of appeal.
In addition to the cassation appeal, which is one of the unusual ways of
appeal, these two types of appeal are only considered by the Court of
Appeal and the Federal Court of Cassation,

Legislation is the highest achievement of human
intellect, yet at the same time, it is one of the most dangerous
outcomes, as it can direct and regulate individual behavior,
restrict their freedom, and define what they are permitted or
prohibited from doing. Like other aspects of life, legislation
requires constant reform, amendment, and maintenance
whenever necessary. However, the issues surrounding
legislative texts are not minor, and finding the optimal
solution is not an easy task. A drafted legislative text goes
through many stages, as it is the product of numerous
struggles, proposals, and interactions. Therefore, legislative
drafting is not a random process; it is the result of various
pulls, strategies, ethics, arts, sciences, ideas, theories,
assumptions, and highly refined skills.
In order to better understand the dimensions of the subject, we
presented a definition of legislative drafting from both
linguistic and terminological aspects, and then we concluded
the significant impact that the drafting of the legislative text
has on the judge’s conduct in the civil case, if drafting the text
in a manner dominated by procedural complexity causes the
slowness of litigation and the prolongation of the period. The
dispute, in addition to the ambiguity or lack of clarity of the
legislative text, forces the judiciary to resort to judicial
interpretation, which inevitably causes a difference in
interpretation that results in a difference in the issuance of
judicial decisions.

The end of the twentieth century witnessed a number
of developments in the political, economic, and social
spheres, which expanded to include environmental issues and
related subjects that imposed themselves on the global
agenda. In particular, the growing awareness of what has
happened to the environment has become a worldwide
concern, with people everywhere complaining about air,
water, and food pollution, in addition to noise, the increase
and accumulation of hazardous household and industrial
waste, climate change, and the deterioration of the ozone
layer, among others. These problems have emerged as one of
the prominent issues at the top of the political and legal
agenda, surpassing other matters.
This widespread awareness of environmental risks stems from
the challenges they pose to human survival and well-being on
the one hand, and the close connection between
environmental problems and the economic, political, and
technological systems related to them on the other. As a result,
the early 1970s saw the establishment of organizations,
agencies, associations, and political parties dedicated to
environmental protection. In 1972, the first international
conference on environmental pollution was held in
Stockholm, organized by the United Nations. Subsequently,
international agreements addressing pollution issues began to
be convened, most notably the Earth Summit in Rio de
Janeiro, Brazil, in 1992, and the Johannesburg Summit in
South Africa in 2002, in addition to numerous other
international and regional conferences too numerous to
mention.

The present research addresses a topic of significant importance
both scientifically and practically, namely the penalty of
community service within contemporary penal policies. This type
of penalty has gained prominence due to its role as an alternative to
traditional punishments and as a new model within modern punitive
systems. It is a penal system with distinct characteristics,
conditions, and a specific framework for its application, as well as
unique objectives it seeks to achieve. This research aims to
examine the system of community service penalties, focusing
on its origins, nature, concept, the conditions required for its
application, and the procedures for its implementation. This
will be done by shedding light on the penal legislations that
have adopted and applied this penalty. We have explored the
concept of community service penalties, their characteristics,
purposes, and the position of Arab legislations on this matter.
We concluded that community service penalties are one of the
most important alternatives to custodial sentences. Moreover,
several Arab legislations, including those of Egypt, Kuwait,
and the United Arab Emirates, have adopted the community
service penalty, whereas the Iraqi legislator has not embraced
this type of penalty.