Journal of college of Law for Legal and Political Sciences

Artificial intelligence has become a new challenge to legislation at several levels in terms of the extent to which existing constitutional and legal texts can be applied to all legal issues that artificial intelligence can raise. With the development of artificial intelligence systems and the spread of their application in the fields of illegal fateful decisions or the commission of acts that constitute a crime, it has emerged The need for new legal frameworks to regulate the use of artificial intelligence technologies, as well as defining legal responsibility for illegal acts that may arise from artificial intelligence systems. The lack of harmony between law and technology would create a gap between the theoretical legal framework and technical application, resulting in the obstruction of technical development, as well as the emergence of negative practices that may harm users. Perhaps the most successful way to create this harmony is to familiarize the legal system, starting with the relevant legal frameworks. Legal knowledge of aspects of the technical process in general. This necessarily requires that legislation keep pace with technical development so that they go hand in hand instead of waiting for the outcomes of the technical process, and then engaging in trying to apply the legal rules to these outcomes. Especially since there is no adequate legal regulation of artificial intelligence in the legislative system in Iraq, whether in terms of producing smart applications or importing them, or even how to use them properly in accordance with what is known as the ethics of artificial intelligence, which is regulated by the legislation of some countries

The stage of investigating and gathering information during the commission of crimes is considered one of the most difficult stages facing the work of judicial bodies, and doubts are always raised about it due to the scarcity of information at the beginning and the difficulty of revealing it, or because of the people who committed it, and because of the fears of these and other procedures, which in turn affected the formation and establishment of the International Criminal Court during Primitive discussions about establishing the international criminal judicial system after many years and the destruction caused by wars, tragedies and scourges for the international community, and because of the differing views of states in general and the permanent member states of the Security Council in particular regarding the basis of whether or not to allow room for the public prosecutor with the presence of a supervisory body over him while carrying out his work. Until it was agreed that all of his work would be monitored by the preliminary department, and prior permission must be obtained to carry out his work. In order to shed light closely on this mechanism and its work, we decided to explain it on three demands. In the first, we talk about what is meant by investigation and its aspects, and in the second, we address The third pre-investigation issue concerns the procedures followed by the court in uncovering the perpetrators.

Marriage is a natural law approved by all human societies and heavenly religions. Marriage is a legal relationship between a man and a woman that aims to form a family on the basis of love, compassion, and preserving lineages. However, some couples may face problems of infertility and their inability to conceive, and this constitutes an obstacle in marital life that may The couple is forced to resort to artificial insemination, which is one of the most important modern medical methods produced by developments in the field of medicine to eliminate the problem of infertility. Hence the importance of the role of the criminal legislator in confronting acts of aggression resulting from artificial insemination operations, by criminalizing both types of artificial insemination. If it is done without the consent of the spouses or one of them, it is considered an independent crime, and the doctor, the artificial insemination center, and the husband will be held accountable in the event of the wife’s dissent

The "public fund" is one of the regular revenue of the state which results from its intervening role, which is vital for achieving its economic goals and financing its general budget. The public fund represents funds for the various types of goods produced by its public projects, which is often determined by following various standards governed by the laws of supply and demand in implementation of the principle of competition with the private sector. The state copes with individuals according to their status, abandoning its public personality and the rules of public law that govern it, and resorting to the rules of private law. However, this in turn leads the judiciary to be responsible for resolving disputes, not the administrative judiciary. Nonetheless, the incompatibility of the state between achieving economic profit and social benefit in light of the fluctuation of its positions in adopting financial systems between socialism and capitalism declined its importance. Therefore, we believe that there is an urgent need to awaken and revive this important revenue, even if it requires legislative intervention to regulate its provisions and leave the determination of the price of this revenue to the economic market, which is one of its most prominent components.

Conciliation is an amicable means whose purpose is to reach a solution to the disputes that arise between the parties to the contract. It is resorted to by the choice and desire of the parties in order to avoid taking the traditional judicial path. It contributes to reaching solutions that usually achieve the interests of all parties. Conciliation, like other amicable means, arose within the confines of private law. However, recent times have witnessed the acceptance of this optional amicable method in the field of public law, especially with regard to administrative contract disputes, due to the proven advantages it achieves, which are now consistent with the nature of the relationship that arises between the parties to the contract. Administrative management is a relationship of joint cooperation rather than a relationship of conflict and opposition. Therefore, many countries have begun to adopt and approve the method of conciliation as a way to settle administrative contract disputes and regulate the method of resorting to it.

The electronic document is one of the important tools in the conclusion of electronic transactions, whether administrative, financial or commercial, such as contracts, which include the state and individuals alike, with their connection to individuals and bodies working in the field of banks, financial institutions or services through which transactions can be completed or electronic transactions are concluded which is required by electronic commerce, and that the issue of its penal protection is of great importance in itself because of its role analogous to the role played by the traditional document and achieving the desired goals of electronic commerce and electronic shopping of trust, speed, safety and achieving legal stability. The electronic document will become the legal basis approved by the parties to the contract .

The protection of children, being one of the vulnerable groups, during armed conflicts, it is one of the most important goals of international humanitarian law, as these conflicts constitute negative impacts on them in particular and the procedures that accompany. These operations related to their arrest or exposure to them by killing, maiming, trafficking, kidnapping or forced recruitment and annexation to one of the parties to the conflict, which endangers their lives.
The research addresses the issue of international protection by highlighting protection in peacetime first through the convention on the rights of the child in 1989 as well as protection related to armed conflicts, whether international or not of an international nature through the four Geneva Conventions of 1949 and the two additional protocols of 1977

Man's progress in various aspects of life does not come unless he uses his thought to achieve this goal, which indicates that mental production is the basis for providing a better life for people, which requires giving this thought appropriate attention, by achieving appropriate legal protection for it, and through that Man sought to achieve the previous goal, and the world began to witness progress and development ، Which makes these developments in the legal arena raise many legal and practical problems. Among the most common legal considerations that arise due to reliance on artificial intelligence technologies are the issues of intellectual property rights in their various forms, and how legal protection can be granted to works that are the result of artificial intelligence technology. The various forms of intellectual property rights protection are considered a fertile field for applications of artificial intelligence technology.

Investment consider as an attractive and safe mean to finance the economic and social development plant which are aimed by countries to create a competence investment chance, Providing a suitable environment and climate for investment, Where the administration (the state) resorts to contracting with the second party according to the investment law mechanism for the purpose of facilitating the public utility, or it invests its money under this contract, while the desire of the contractor to accept the contract has a direct relationship with the advantages and guarantees provided by the investment law, since the administration is considered a legal person, it cannot carry out its work except through people who work for it and for its benefit and obey its orders. They are subject to the instructions and directives issued by them within the scope of their job.It may be issued by the persons who work with a specific behavior or act that requires responsibility of any kind (tort, civil, penal). Due to damage to a contractor, so, the responsibility would be on the administration from the article the balance of the contract for the purpose of maintaining the sustainability of investment projects and the success of investment The management must carry out its commitment in accordance with the investment contract concluded the investor and to compensate the investor for any damage caused as a result of the this act, What was done by the administration, and whether this behaviour was legal or material, and it happens sometimes and for external reasons that make the implementation of the contract burdensome for one of the parties Or another reason that the That decision would make the implementation of the contract and commitment cumbersome, or changes as a result of certain circumstances may lead to the implementation of obligations, that all these circumstances do not lead to termination, but may make the implementation of the restrictions of the contract cumbersome, which requires both parties of the contract to participate, bearing the burdens which affect one of the parties.That is, the study of the issue of administrative responsibility in the investment contract is of great importance, as it achieves justice and balance between the two parties to the contract.Responsibility means holding the person responsible for the results of his actions and compensation for the damage he causes.

The right to privacy is considered a human right, and constitutions in countries have become accustomed to including this right in the texts of these constitutions due to the importance of this principle, but the problem appears when it comes to people who enjoy widespread fame, such as actors, athletes, and politicians, as this category of people has Personal information that matters to them, such as family, marriage, children, etc. The public's interest in obtaining personal information about celebrities affects their personal lives and puts pressure on their actions. Either because of curiosity, people's love for them, or the public's interest in knowing the details of their personal lives, which prompts us to know the dividing line between what is considered a personal right for these celebrities and what is considered a right for the public, which requires putting the subject under academic study. It is necessary to distinguish between the right to privacy of these celebrities as a human right and what is considered general information that the public has the right to access.

The Security Council’s duplicity regarding the international-internal war, referring as a model (the Russian-Ukrainian war)(Libya)(Sudan), is a study that shows the extent of the Security Council’s duplicity in terms of using legal standards to maintain international peace and security, and punishing the state that destabilizes the international community based on its powers. It is authorized in accordance with Article (39) of the Charter of the United Nations, and Article (13/b) of the Statute of the Permanent International Criminal Court. It seems that the Security Council gave priority to the political nature over the legal nature and adopted the standard of double standards and double dealing in maintaining world peace. Not referring the perpetrators of the Russian-Ukrainian war to the Permanent International Criminal Court, similar to referring developing countries to the court, including the countries of (Sudan) and (Libya). Although the crimes committed in Sudan and Libya, most of which are internal conflicts, are less severe than the crimes committed in the Russian-Ukrainian war, which may be considered crimes that may rise to war crimes, genocide, and crimes against humanity; Which led to the changing behavior of the Security Council according to the political circumstances to change the concept of international security and through the great powers using the right of veto to prevent any draft resolution that does not suit the political orientations of these countries and according to their declared and hidden interests, and the duplicity actions of the Security Council may encourage some countries, in agreement with a great power. It has the authority to use (the right of veto), to enter into war conflicts and attacks on other countries that are less equipped with military and technological armament, and what we see today is the Israeli attack on Gaza

Administrative responsibility is a legal obligation on its part to bear all the effects that result from its legitimate or illegitimate actions, which cause harm to others, whether these damages occurred through error or without error on its part, because responsibility may be established on the basis of error, which is the traditional view of administration responsibility, which is Stemming from private law, which assumes the availability of three elements: error, damage, and the causal relationship between them. Then this idea developed to evaluate management’s responsibility on the basis of damage, which is bearing risks or equal bearing of public burdens, which established management’s responsibility on the basis of damage only, even if the administration’s action was legitimate, it must bear the damage caused to others, as long as it benefited from the work. The emergence and spread of terrorist operations, the damage resulting from riots, and the damage occurring in health facilities led to the emergence of a new type of responsibility for the administration, which is the idea of national solidarity, and whose idea is based on the fact that as long as the state is the guardian of the interests of society, it is committed to compensation, but by involving The rest of society must bear responsibility towards individuals. The best example of this is the operations to liberate the city of Mosul from ISIS terrorist gangs. But the problem appears in the legislator’s failure to clearly acknowledge a basis for the administration’s responsibility based on this principle. In the Civil Code, he was satisfied only with stating the basis in the text of Articles 219 and 231, even though it is an idea present in other Iraqi legislation, such as the Labor Law, Social Development and Social Protection, which calls for intervention. The legislator to establish responsibility on the basis of social solidarity

The seas are no longer just a means of transportation and communication between countries and continents, but rather they have become a pivot for economic policy in the world, as the international community relied on them almost completely, after the land became unable to meet the requirements of humanity in terms of food and natural resources, and we can say that three quarters The Earth, which man was not able to exploit in the past, has now become a haven for mankind in its relentless and continuous search to obtain the vast natural resources and resources that are contained in the seabed and below the bottom. The legal system applicable to the seas has become a source of international disputes, especially between developed countries and third world countries on the one hand, and between opposite and neighboring coastal states on the other hand, which prompted the international community to pay attention to establishing legal provisions that regulate and govern the various uses of the seas, especially those related to the rules Regulating the exploration and exploitation of the natural resources lying in the seabed, so states resorted to concluding many bilateral and collective treaties between them. a.
The United Nations Organization also held many international conferences in order to reach the establishment of binding legal provisions that regulate the rights of states on the seas. The first United Nations Conference on the Law of the Sea resulted in the conclusion of the Geneva Convention on the Law of the Sea of 1958, but it was unable to prevent disputes and disputes between states. Coastal countries, especially those related to the issue of delineating maritime borders, or in relation to the dispute over sovereignty over the islands, or in relation to defining the outer boundary of the continental shelf common to coastal states, which prompted the member states of the international community to make more efforts and study, and the United Nations conference was called Law of the Sea, which held many sessions until the 1982 United Nations Convention on the Law of the Sea was reached, which established a special regime for the seas, especially with regard to the rights of coastal states on the continental shelf.

Countries differ in their adoption of their judicial system, Some of them adopt a unified judiciary, which is represented by the presence of a single judicial specialize all disputes, whether they arise between the state and individuals, or between individuals themselves, and some of them adopt the dual judiciary system, which is represented by the presence of two independent judicial bodies, one of which is competent to consider disputes that arise, between individuals, or between individuals and the state as the latter is an ordinary person, the second is concerned with examining disputes that arise between individuals and the state as a public authority. Iraq knew a unified judicial system until 1989, with the issuance of (Law No. 106 of 1989), which is (Law of the Second Amendment to Law of the State Council No. 65 of 1979) it adopted the dual judiciary system, through the establishment of a court (administrative judiciary) to exercise its jurisdiction, in addition to the existence of the regular judiciary, and this left its impact on the Kurdistan Region in Iraq, which adopted the dual judiciary system according to Law (Shura Council of the Kurdistan Region No. 14 of 2008), however, despite the issuance of the laws establishing these two councils, and the amendments that occurred to them, there are still some legislative loopholes that plagued them, in their composition and terms of reference, which we found worthy of research in this study.

In order to achieve a democratic transformation characterized by legitimacy and a realistic representation of popular sovereignty, It is necessary to verify the availability of the elements of governance of electoral dispute resolution systems in all procedures, and mechanisms, aiming to address electoral disputes. However, Achieving transparency, rule of law, accountability and generalization in submitting complaints, are regarded as effective governance in electoral dispute resolution systems. questions have been raised about the strength of the legal structure of electoral laws, and the rules of electoral behavior, whether for candidates or observers. In addition, the increasing popular awareness about the mechanism for submitting a complaint legally, within the specified time. What are the methods of appeal? who are the party which the appeal is being made and the adequacy of these methods? Therefore, in order to tackle this question, the research divides into two sections: the first part dealt with the concept of governance of electoral dispute resolution systems, while the second one dealt with determining the governance of the legislative organization of electoral dispute resolution systems(electoral complaint).

As it is known that the administrative decision is a legal action issued by the sole will of the administration in order to effect the legal centers and facilitate its study from the theoretical point of view, as well as benefit from the statement of its impact on those addressed in practice. Which was adopted in its division, and among the most important types is the continuous administrative decision, which is described as a continuity of its effects, that is, it does not exhaust its content once it is applied, but rather a list producing its effects in the future, so the research shed light on its legal meaning and image that is represented by the continuous positive decision and the continuous negative decision, which requires For it to be achieved, two conditions are met: the existence of a legal obligation on the administration to issue a specific administrative decision, and the administration’s abstention or silence in issuing the decision. As well as distinguishing between it and other administrative decisions.The continuous administrative decision is subject to the legal system that governs administrative decisions in general, but in fact it has a special legal system that affects the dates of appeal against it and the mechanism of control over it, as it continues to produce its legal effects in a renewable manner over time until it ends in one of the legally prescribed ways to terminate administrative decisions. Appeal to cancel it on any occasion in which the appellant or complainant's request is rejected and an ongoing administrative decision is issued against him. Therefore, it may be challenged to cancel it at any time without being bound by the deadlines for appeal stipulated in the law. And we concluded the research study with the most important conclusions and recommendations that may help in crystallizing a legal idea about this type of administrative decisions that have a special subjectivity that distinguishes them from other administrative decisions

The interest in “institutions of Private Higher Education” has increased due to its importance in contributing to the achievement of the “Public Interest”. If the legislature is obliged to follow developments and develop legal texts regulating the work of these bodies, especially with the increasing demand for “Private Educational” services; the inability of the “Public Education sector” to meet these growing needs, in addition to the fact that the establishment of “Private Higher Education Institutions” is a valid basis for building an educated generation based on solid foundations represented by (belonging, and a sense of responsibility) towards “Public Issues”. It is imperative to follow up on the work of these “Institutions”, and to punish those that may deviate from the requirements of achieving the desired goals, and perhaps the “License of their Establishment” may be canceled, and this is a topic that preoccupies the circles interested in this issue, due to the impact of the process (Granting and Canceling the License) on “Society”, as a whole, and not only (Beneficiaries, or Workers), as the subject (Granting, Canceling) the “Establishment License” by the competent “Administrative Authority” affects the (Scientific and Educational) process in the country, which needs to be provided to the “Parties”, associated with the "Institution of Private Higher Education", as well as the “Administration” with a “Legal System” that includes “Legal Procedures", specific, showing all the details related to this subject, including (identifying the administrative body competent to follow up and control the activities of private education institutions) and then stating (How to take actions, and decisions that would grant the license to exercise educational activity, and how to prevent deviations from the goals to be achieved from the establishment of the institution).
In addition to all of this, there should be a “legal treatment” of (the legal consequences of the decision to grant or cancel the leave), in terms of the repercussions of those decisions on (students), whether graduates from them, or those continuing to study, as well as the results that will occur and cast a shadow On (owners of the private educational institution).

The need for the idea of national solidarity appeared in the comparative countries and Iraq after the emergence of the principle of inequality for the victims of medical accidents to obtain appropriate compensation through the compensation funds designated for this, especially after we noted the absence of a unified law for medical responsibility in Iraq, in contrast to what the French legislator took in The Kouchner Act, which was intended to standardize the compensation system as much as possible within the scope of public and private health institutionsAfter completing our research, we reached a number of results, the most important of which is that national solidarity is a modern means for the victim to be compensated faster for medical accidents through the compensation funds designated for that after resorting to them. The National Committee is responsible for compensating victims of medical errors and benefiting from the experience of its French legislator, which has proven its effectiveness, especially in the field of blood transfusion accidents and when epidemics spread, as well as the establishment of other funds linked to the Iraqi Ministry of Health, through which patients with leukemia, incurable diseases and congenital malformations are no less important than the injury. with cancer.