TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Abstract: It is no secret to us that national laws have proven their inability to provide victims of armed conflicts with the necessary protection, especially in developing countries. This is due to the fact that awareness of their rights was not at the level it is now, because the victim was often absent from participating in the trials held against perpetrators of international crimes during armed conflicts. In contrast, international justice also did not give the necessary amount of attention to the victim, unlike the accused. At the international level, the United Nations Declaration containing the basic principles for the provision of justice constituted a basic reference in highlighting a specific definition of the victim. In addition to all this, the Statute of the International Criminal Court of 1998 came to grant some rights to the victim, such as the right to participate in the proceedings, thus establishing a basic pillar for the legal status of the victim.

Abstract: The idea of the legislative model of criminaliztion and punishment is the beginning of every systematic study on crime , and crime is like any other phenomenon . It is after the officer who detects the violation of the crime by the text of criminalization and punishment , and it is considered a product of the criminal legality rule , which means that the legislator must determine in advance what acts committed by man are considered a crime , and defines for each crime a legislative model , which includes its basic and secondary components , and the penalty resulting from its commission .

Abstract: The Iraqi legislature and the most of the national and international legislation have criminalized money laundering operations by granting the Competent administrative authorities represented by: The Central Bank of Iraq, The Federal Integrity Commission, and the Federal Financial Supervision Bureau, a fundamental and active role in Controlling & auditing, inspecting and investigating the Financial and banking system, by setting strict regulatory legal rules that regulate the work of the entities Subject of Supervision under the Law Central Bank of Iraq in force .

Abstract: In every year in which the use of modern electronic means increases, we find ourselves in front of a new type of crimes that are compatible with the type of such means, and one of the most important of these crimes is the crime of deep counterfeiting, as some call it, which was used as a tool to distort the facts or retaliate against some famous political, artistic or other famous personalities, through the use of artificial intelligence means that have become deployed and accessible to everyone at present. It is also now a reality that needs legal treatment that criminalises this behaviour to stand up to its perpetrators, to prevent its expansion and the expansion of the number of victims of this act. There have been many legal descriptions that have been given this behaviour, including those who classified it among the crimes of counterfeiting and forgery, and some of them are classified it among the crimes of defamation, and other legal adaptations. In this research, we are trying to present

Abstract: Evasion crime is considered one of the significant economic crimes in many countries. This crime involves fraudulent actions aimed at achieving unfair financial gains and can have detrimental effects on the economy and public trust. The main issue addressed in this article is the examination of criminal policies to counter evasion crime and the analysis of how effective these policies are in reducing the incidence of this crime. The importance of this research lies in a better understanding of the factors influencing the commission of evasion crime and evaluating the efficiency of current criminal policies. The problem discussed in this study is the inadequacy of some existing criminal policies in prevention and confrontation of evasion crime, highlighting the need for a more precise knowledge of the most effective strategies to reduce this crime. The objectives of this research include identifying the weaknesses and strengths of current criminal policies, analyzing the factors influencing the commission of evasion crime, and proposing solutions to improve criminal policies in this area. The research method used in this dissertation is the descriptive-analytical approach, utilizing library sources and practical case studies for precise topic analysis. Among the most significant practical findings of this study, the results show that criminal policies with stricter disciplinary penalties have a positive effect in reducing the occurrence of evasion crime. Additionally, increasing public awareness and proper education about the consequences of evasion crime can serve as effective preventive tools. The results indicate that enhancing monitoring and inspection systems can play a significant role in reducing evasion crime. Countries with stronger control systems and more advanced technology for tracking financial transactions have been more successful in identifying and addressing evasion-related offenses. The results also suggest that some current laws need to be reviewed and updated to tackle evasion crime more effectively.

Research into medical liability still arouses the interest of researchers and jurists, for several reasons: Among them is the lack of a unified legal organization that regulates medical responsibility, as health legislation in Iraq included separate and general provisions regarding the patient’s relationship with the private hospital, and the increasing number of private hospitals coincided with the hospitals’ need for the presence of specialist doctors, which resulted in a difference in the relationship between the doctor. In the hospital, there is an employee doctor who works there on a regular basis, and there is a non-employee doctor who comes only based on the patient’s desire after prior agreement with him, and there are doctors who are present in the hospital by virtue of the presence of their outpatient clinics there, which results in a difference in the responsibility of the private hospital from these doctors in confronting the affected patient. As a result of the mistakes made by them.
This is what prompted us to investigate the basis of the private hospital’s civil liability for the errors of its doctors, and whether it is considered responsible for all errors arising from their technical or non-technical work that befalls the patient. The hospital, as a legal entity, uses a number of natural persons to implement its obligation towards the patient under the hospitalization contract concluded between them. He has the authority to supervise, direct, and control their work, and the responsibility of the hospital is the responsibility of the subordinate for the work of his subordinates. However, this responsibility is not fulfilled for all doctors, depending on the nature of the relationship that binds them to the hospital, and this will be the focus of the study in this research.

Abstract: The expression and freedom opinion considered from the main support. which the domocrace orders depend onit , because it considred for the basic freedom which the democrace system nature defend on it . however . it like any freedom from the general freedom , doesnot to be absolute , so the expression and freedom opinion it effect no limite to the owner of the opinion alone , but exceed to the society and the another individual freedom right , and the social media played prominent rolein practice for this freedom when the excel this means for features represented to easy in itused and lack of costs . and many useres and wide spreed , about this spreed and many users has become necessary put the legal resticions and necessary conditions to limit for use offense this means because to regulate their practices according the law , and guarautee not to offend to the socite and right and freedom for others individual , and non violation the general order and literature general be haviour .

Abstract: This study discusses the integration of specific and national contributions into national legislation to address climate change challenges, using the Iraq and the United Arab Emirates as models. The research aims to analyze how countries can ensure the inclusion of their national contributions within a legal and legislative framework that enhances resilience to climate change impacts. The study reviews the measures and actions taken by Iraq and the United Arab Emirates at the national level to combat climate change, focusing on how these contributions are incorporated into local laws and regulations to ensure effective implementation. Research points include analyzing the challenges that may confront the integration process, encompassing economic, social, and political aspects. The study also examines the experiences of Iraq and the United Arab Emirates as working models to understand how local contributions can be integrated into adaptation and mitigation strategies. In conclusion, the research provides recommendations to enhance the capacity for integration between specific contributions and national legislation in the field of climate change, with a focus on local priorities and ensuring the effectiveness of the policies implemented.

Abstract: Today, humanity faces an unprecedented challenge, perhaps unimaginable just a few decades ago, which could have dire consequences if not addressed in time. It is no exaggeration to say that it could lead to the demise of humanity. The climate changes that planet Earth is witnessing are interacting dangerously, and their effects are general and not confined to a specific country, region or territory, but are rather global par excellence. Therefore, no international issue has received global consensus like the climate issue, because it affects the lives of every human being on Earth without exception. This was emphasized by the participants in the COP27 summit held in Egypt from November 6 to 18, 2022, where leaders, officials and experts from all countries of the world warned of catastrophic risks to humanity. Therefore, it requires everyone’s cooperation and concerted efforts, as well as measures and, of course, fateful decisions at the global level. This paper aims to identify the dangerous effects of climate change and the international efforts made to combat it.

Abstract: In view of the great and rapid development in the means of electronic communication, which in turn was reflected in the mechanism for paying amounts for commercial transactions as well as the mechanism of banking transactions in general, the need has emerged to regulate electronic banking through the provision of special texts regarding it. However, in view of the great and continuous speed in the development of information systems and means of payment. And financial collection has resulted in the failure of any regulation to keep pace with this development unless it is reviewed and amended on an ongoing basis due to the many problems that electronic banking raises Especially at the level of private law, whether in terms of the liability resulting from the misuse of electronic payment tools and the necessity of creating texts that stress this responsibility on the bank, or the extent to which electronic documents enjoy legal authority and the means necessary to approve and authenticate these documents to ensure their reliability, or what are the articles and texts governing cross-border electronic banking transactions. And work to create texts that are consistent with this formula of transactions.

Abstract: The administration enjoys means, privileges and powers in the exercise of its activity and in its dealings with individuals that are unknown within the scope of individual relationships in order to enable it to achieve the objectives of administrative activity, which are general objectives, in the best possible way. Administrative agency is one of the most important terms borrowed from civil law to administrative law. Although its concept is firmly established in private law, the importance of the administrative agency in terms of the civil agency when it is issued as an administrative contract, and it represents an exceptional job status, which is resorted to in case of necessity.

: Freedom of travel is one of the fundamental rights protected by the constitution in most countries this freedom guarantees individuals the right to move freely within and outside the country, which reflects the principle of human dignity and guarantees individual rights and freedoms,constitutional guarantees include explicit texts that affirm this right, which protects individuals from any arbitrary restrictions that may be imposed by the authorities. The principle of non-discrimination also enhances this freedom, as all persons must be treated equally without discrimination.
At the judicial level, individuals are given the right to appeal before the courts against any restrictions imposed on their travel. Courts contribute to protecting this freedom by interpreting laws and issuing rulings that guarantee the rights of individuals,however, there are challenges facing freedom of travel, such as security restrictions that governments may impose for reasons related to national security. These restrictions raise questions about their legitimacy and the extent of their impact on personal rights.
In addition, there is a difference in local legislation between countries that may lead to potential violations. In the end, constitutional and judicial guarantees for freedom of travel remain necessary to protect individuals, and there must be a balance between security and individual rights to ensure that these restrictions are not arbitrarily applied

Abstract: Misleading the judiciary is considered one of the most dangerous crimes that threaten the integrity of the judicial system and negatively impact justice in society. This deception includes providing false or misleading information to the judiciary to influence the course of justice. In this context, this thesis examines the criminal policy adopted in both Iraq and Lebanon towards this crime, aiming to understand the legislation, procedures in place, and mechanisms to combat it. Despite the existence of legislation in both Iraq and Lebanon to combat judicial deception, there is a disparity in the effectiveness of these laws and their application. This disparity raises many questions about the efficiency of both legal systems in addressing this crime and its impact on achieving justice.This thesis aims to analyze Iraqi and Lebanese legislation related to the crime of misleading the judiciary and compare criminal policies between the two countries to provide a clear picture of how both legal systems deal with this crime. A descriptive, analytical, and comparative approach was adopted in this study. Data was collected from reliable legal and legislative sources and analyzed accurately to compare criminal policies in Iraq and Lebanon. Previous studies and field research were also used to provide a comprehensive and comparative analysis. The study showed a significant disparity between Iraqi and Lebanese legislation in terms of the severity of penalties and the detail of legal texts related to misleading the judiciary. It was found that the application of laws in Iraq faces greater challenges compared to Lebanon, due to different political and security circumstances. The results confirmed that the effectiveness of combating judicial deception largely depends on the independence and integrity of judicial institutions in both countries. The study showed an urgent need to enhance societal awareness about the seriousness of the crime of misleading the judiciary and its impact on justice. The results emphasized the importance of strengthening international cooperation between the two countries to combat judicial deception, especially in cases that transcend national borders.

Abstract: It is agreed upon in jurisprudence and the judiciary that the competent authority for resolving disputes of various types is the judiciary, in accordance with the principle of separation of powers. However, for purposes sought by the legislator, the possibility of settling and resolving disputes by alternative methods and means to the judiciary is sometimes stipulated, through various means, including arbitration and conciliation, as they are the most effective means for settling disputes in general, and administrative contract disputes in particular, as legislation sets the rules regulating these means, and explains their conditions and provisions related to them, in addition to clarifying the validity of the decisions issued regarding them. The Iraqi legislator stipulated the possibility of resorting to arbitration and conciliation as alternative means to the judiciary to end administrative contract disputes, in various legislations.

Abstract: The family often constitutes the primary source of violence against women, with the most severe forms of abuse occurring within the domestic sphere. Despite this reality, the commitment of Iraqi legislators to the protection of women's rights remains constrained by certain legal provisions that permit specific forms of such violence. Notably, Iraqi law contains clauses that reduce the penalties for offenders who commit grave crimes against women under the guise of honor and the cleansing of shame. This legislative leniency exacerbates the incidence of such crimes and effectively provides them with a legal shield.
It is therefore crucial to develop a legal framework that prioritizes the enhanced protection of women within the family unit, reaffirming the principle that only the judiciary is vested with the authority to impose penalties after the thorough completion of investigative procedures. Failing this, society risks descending into disorder, characterized by the dominance of personal revenge and physical force, ultimately undermining the authority of the state and the rule of law.
© 2023 TUJR, College of Law, Tikrit University

Abstract: This study aimed to clarify the nature of the civil liability of ICSI centers and its components، and to reveal the effects of their civil liability for damage to frozen eggs. The study relied on the descriptive analytical approach، and the study reached a number of results، the most prominent of which was that the responsibility of ICSI centers for damage to the frozen eggs is a tort civil liability resulting from the center’s negligence and negligence in preserving the frozen eggs، which calls for a civil lawsuit to be filed in the event of verification. Its three pillars are the medical error، the damage resulting from the error، and the causal relationship between the error and the damage. The effect of the tortious civil liability resulting from ICSI centers as a result of damage to the frozen eggs includes arranging compensation for those centers for the affected families، and the compensation is estimated either through the court itself or through a committee. From the experts.

Abstract: The origin of the provisions of the International Administrative Courts that it was defending the rule of law in the administrative conflict before it and accepts its role in the presence and application of the conflict, but the text needs to be interpreted to the preparation of renewable administrative ties and at the same time, the dispute of the rules and principles that are not judged by text, so that the international judiciary of the conflict of the conflict should be held in the light of the legislative texts based on its legal advisory based on the provision of legislative and legal texts in the Governor of the legitimacy of the legislation and the deputy and administrative judge to take place for the resolution and confirmation of the justice of all of this legal revenue to find the publication of the conflict and the return of the All the reservation of all the relevant to the parties and the injury of the legal texts that the construction of the publication and the administrative law.

The International Court of Justice worked to develop the nature of the crime of genocide by introducing several legal principles related to the crimes of genocide, such as the principle of customary rules contained in the Genocide Treaty and its punishment, the principle of the imperativeness of the rules contained in this treaty, the duty to prevent and punish the crime of genocide, etc.
The International Criminal Court also developed the characteristics of the crime of genocide, by giving the crime of genocide an international nature in the statute of the International Criminal Court, not taking into account immunities in the crime of genocide, etc.

: International arbitration has emerged as an effective tool for resolving environmental disputes on the global stage. As environmental issues such as climate change, biodiversity loss, and transboundary pollution continue to grow in complexity, arbitration is seen as a flexible and neutral means for states to address these issues outside of traditional courtrooms. Unlike litigation, which often involves lengthy legal proceedings, international arbitration offers a more convenient, cost-effective, and adaptable approach, allowing for flexible procedures and providing expert arbitrators specializing in environmental matters.
However, arbitration in environmental disputes faces several challenges, including the complexity of scientific and technical evidence, lack of transparency, enforcement of arbitral awards, and power imbalances between states. Despite these challenges, international arbitration remains a valuable tool in international environmental law, providing a path to enforce environmental obligations, promote sustainable practices, and resolve disputes that transcend national borders.
This study explores the role of international arbitration in environmental disputes, examining its advantages and contribution to resolving international environmental issues, as well as the challenges facing arbitration

Abstract: The right of ownership is subject to certain restrictions, one of which is the condition prohibiting disposition. Although the obligated party may agree to this condition, possibility, the Iragqi legislator has they may sometimes violate it. To address this granted both the stipulator and the beneficiary of the prohibitory condition the right to annul the contract in case of violation. In contrast, under Egyptian law, the is the annulment of the disposition, penalty for violating the prohibitory condition and this annulment is considered exceptional in nature.
Nevertheless, several questions arise: Does the party to whom the disposition is made have the right to request annulment when the condition was made in their or? When there is a conflict between the desires to annul it, which takes precedence? To answer these and other questions, we have chosen to divide this study into to sections, with each section topicsconsisting of three.
© 2023 TUJR, College of Law, Tikrit University

Abstract: The exploration of the legal responsibility of the arbitrator does not only stop at facing the arbitration parties regarding the termination of their contract by their will with the arbitration parties, or its termination for reasons beyond their control, or those related to terminating the contract by dismissal. Rather, the arbitrator's responsibility extends to other arbitrators if they are appointed under one contract or if each of them is appointed under separate contracts. Also, the arbitrator's responsibility may extend to third parties, whether that responsibility is a result of the arbitration agreement or arises from the arbitration proceedings themselves. Therefore, the importance of this study lies in examining the legal responsibility of the arbitrator and his accountability to the arbitration parties or to third parties, which ensures the parties and third parties against errors committed during the arbitration proceedings that cannot be challenged by nullity, or those included in the arbitration award itself, necessitating an investigation into the establishment of such responsibility and its legal consequences.

Abstract: The study dealt with “the principle of legality in the law and ensuring its achievement,” where the researcher first tried to shed light on the definition of the concept of the principle under the law and then focus on the most important sources from which this principle takes its roots. The researcher divided it into documented sources, represented by the Basic Law and the Constitution, legal legislation issued by the Legislative Council, and international treaties and agreements. Then the researcher touched on the unwritten sources of this principle, represented in the first customs, general principles of law, and judicial rulings. Through these sources, he pointed to the most important and most common sources in emphasizing the source of legitimacy and defining its features from the ambiguity of the definition.

: WHAT is meant by legal realism is: “the standard that determines the general orientation that the judge is guided by when ruling and gives him an idea about the purpose or goal of enacting the law.” That is, making truth and reality part of the judicial ruling and the practical reality in many legal rulings related to civil contracts, whether they are at a stage. Preparation, agreement, implementation, or in the event of a dispute arising before a judge the primary goal of the study lies in linking the judiciary to legislation to make legal actions closer to practical reality than the theoretical (legislative text), as the legislative text or legal rule, although characterized by its generality and abstractness, is often unable to address some images. Given the legal shortcomings that cause many legal problems or difficulty in finding solutions, in most cases the role of the judge is not limited to taking into account only the conditions and circumstances of the dispute before him.
Rather, it goes beyond that, meaning that the legislator anticipates paving the way and setting the basic lines towards more just and realistic legislation, and thus contributes to the making of the law. The legal amendment to the French Contract Law came under Decree No. 131 of 2/10/2016, which was ratified by Law No. 278 of 20 /4/2018 With new standards and foundations that make reality a part of legal behavior and civil contracts. Accordingly, we will discuss the field of realism in contracts and the legal standard of realism in civil contracts.

The study aimed to define the concept of electronic financial fraud in banks , and to clarify the relationship of electronic banks to electronic fraud, while explaining the role of artificial intelligence systems in reducing these operations in banks, by clarifying the aspects of the legislative confrontation in Iraq for this type of fraud and requiring banks to strengthen their electronic infrastructure. To confront such activities that have a negative impact on the state’s public finances.

Abstract: This research elucidates the significance of patents in safeguarding inventors' rights and fostering innovation within Saudi Arabia. The study delves into the regulatory framework governing patent protection in the Saudi system. By employing both analytical and applied methodologies, the research explores the nature of patents and the conditions for their protection.
Furthermore, the study underscores the crucial need for specialized courts to expeditiously adjudicate disputes related to patents. It also emphasizes the importance of safeguarding industrial designs that have practical applications.
The research aims to serve as a foundation for future studies in this field.
© 2023 TUJR, College of Law, Tikrit University