Journal of Researcher for Legal Sciences

Humankind strives to preserve social status, honor, professional and private career considerations from all harm and abuse or belittle that status in the eyes of society and social environment. Exposing individuals to facing criminal prosecution in a malicious manner through false accusations against them, or the creation of false immaterial evidence that leads to their conviction such as perjury, forms in which the clear assault on their reputation is evident. So, we raised the discussion of this topic and shed light on the philosophical aspects of the punitive rules regulating the crimes of false report and perjury under Iraqi and comparative legislation, with the aim of creating effective penal protection for human reputation from the impact of those acts and minimizing them.

Abstract
The crime of human trafficking is one of the crimes related to humanity, and it is ancient, and its roots go back to the eras of slavery which made the human being a commodity to be traded and bargaining over its prices in a way that expresses the worst humiliation that a human entity can be subjected to. This crime is classified among organized and cross-border crimes. Likewise, it has also multiple forms, although there are those who believe that the issue of enslavement of people has become history, compared to the slogans that people hear about human rights and claims to ensure their protection. There are many charters that are apparently concerned with human rights and prohibit all forms of abusing, humiliating and trafficking of human beings. However, the undeniable fact is that the behavior of human trafficking with updated images is still visible to constitute a humanitarian pressure towards adopting a legal confrontation against it. What is related to the content of this crime and the danger it entails threatening global societal peace prompted the direction of confronting it internationally through a global effort, which resulted in the adoption of international obligations that obligate states to follow their lead and harmonize their criminal legislation with them in order to reach an effective confrontation of this crime that affects the honorable human being. This study aims, according to an inductive-analytical approach, to review the international efforts that led to legal obligations that necessitate internal harmonization with them, the legal basis for achieving harmonization, and the extent to which countries deal with this obligation, based on the premise that the common international interest in this subject has prompted countries to harmonize, even if a theory between its internal legislation and its international obligations.

The article explores the appropriate methods to reduce mercury emissions and its compounds in the atmosphere through following the rules of the Minamata Convention on mercury 2013. Which is generally called to control the use of mercury and its compounds as it is a chemical material represents significant threat to human being health and environment, especially in the developing countries that suffer from significantly weakening in health and environmental performance, and at the same time they do not have modern or appropriate means of control to release or emit this substance in the environment.
For that, the concept of mercury and its negative impact on health and the environment were addressed, as well as the rules on the protection of health and the environment from mercury and its compounds within the scope of the Minamata Convention. In addition, the rules of the Minamata Convention on mercury to control its emissions and compounds in the atmosphere. This may require the development of measures by the parties of the convention based on strategies and plans aiming to find an appropriate end to the emission of this chemical materials in order to maintain the natural balance of the atmosphere.

The Iraqi constitution 2005 referred many issues to the normal law in order to organize them; including the Federal High Court Law which considers an essential legislation, differs from the rest of the ordinary law due to the formal standard as it is indicated in the Constitution. The independent nature of the federal court according to the constitution requires to be respected and ensures its stability away from the balance between the components, as there is no constitutional basis for it. The Federal High Court Law draft of 2015 cannot be adopted because of the wide interference of the political authority in the formation of the court، as well as the expanding the role of legal scholars and Islamic jurisprudence experts. Thus, any law for the court must include a clear mechanism for contribution of territories in the formation of the court and in giving opinion about its law. Moreover, the Supreme Judicial Council Law No. 45 of 2017 must be amended in the way which makes the high Federal court is linked in the council.

for ensuring rights and freedoms and reaching to the truth behind setting appropriate legal rules, there are a set of procedures that should be taken in order to implement those rules, as well as a set of procedures that were developed to reach the evidence that will prove or disprove the incident, the evidence should be obtained through one of those procedures that the law clearly and explicitly drawn up. But, in some cases evidence may be reached through an invalid procedure or if that procedure did not meet the required conditions for making it valid. This issue is of great importance, in that there is a large number of evidences that is useful in conducting or resolving the criminal case in terms of proving or denying the accusation against the accused, but it is obtained from a defective procedure or a violation of the law, that is, it is an illegal procedure, this procedure may infringe on the freedom of the individual and the protected rights. This research highlights issue of reaching evidence through defective procedure and how the Iraqi legislator handled that, and how the procedural rule can assist in confronting and treating the defective procedure and stopping the evidence based on such a procedure.

This research aims to explore the problem of diversity of Arab legal terminologies, by showing the multiple aspects of the phenomenon of the diversity of the commercial legal terminologies in the Arabic countries, specially concerning the acts of commerce, tradesmen, commercial contracts and banking, as well as the commercial instruments, companies and bankruptcy. Then to show the possible and efficient means to put a stop to the phenomenon of this diversity, in the first place by the union of the Arab countries, or by adopting a model law or at least unification of the terminologies in the Arab laws.

The formation of stock portfolios can be done by multiple parties in comparative laws. However, the formation of these portfolios by financial investment companies and investment funds has a particularity that is distinguished by the fact that they are two newly established entities compared to other entities on the one hand, and on the other hand, the task of establishing a stock portfolio form the most prominent aspect of their activity if it is not the only activity. However, there is difference about steps of each of these two entities in their quest to form stock portfolios and the method of management. in addition, to the fact that the dealings of the Iraqi legislator in its quest to regulate the work of these two entities differ somewhat from the dealings issued by the comparative legislation. So, this shows importance of examining the formation of the stock portfolios by financial investment companies and investment funds.

The information revolution and communication technologies have produced new model of contracts that focus its making and implementing in the electronic sphere, and the place of those actions and contracts was included in the information that is no longer just a means of obtaining knowledge, but has become a financial and competitive value, so obtaining it has become one of the most important essentials of the consumer. For enabling the consumer to obtain dealing with such information, the electronic transaction set out obligations and guarantees that ensure the minimum level of consumer access to that information, so it was necessary for the information provider to provide everything that would assist the consumer to obtain the subject of the contract and ensure the adequacy of this information and clearly indicate how to access services of the provider and information that the consumer wants to obtain. This made this guarantee an element in making and implementation of the contract, since without it the normal consumer cannot access the information provider’s site, which constitutes a breach to one of the service provider’s obligations that require providing special protection for the consumer against insufficient information provided by the provider.

After more than a year of the emergence of the Corona virus, the still confronts this pandemic which forms a serious threat to humankind. So, huge efforts have been taken to find a medical treatment in order to eliminate or minimize the danger of coronavirus which threatens human life. As a result of those efforts, a set of vaccines were produced by international specialized companies, but the extreme necessity of the vaccines and the lack of time as well as the required urgency to save people’s lives have created fear and amongst individuals about taking that vaccination, which drew the attention of countries, including Iraq, to the need to find legal formulas to determine legal liability for the damage that may accompany this vaccine, which might encourage individuals to receive the (Covid-19) vaccination. the Iraqi legislator organized a set of provisions that clarified the meaning of some relevant medical terms, as well as determining the responsible parties for providing and using the tools for the process of receiving the (Covid-19) vaccination and the extent of that responsibility, which requires the need to examine those provisions and whether they are sufficient in providing legal security for individuals