TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Digital rights have found their realistic basis in the fact that they have become an essential part of the necessities of the daily life of societies, an important and effective means of communication between individuals, the exchange of various activities, the achievement of various social and economic activities, and an important means for the dissemination of science, knowledge, and culture, and a tool for expressing an opinion and exercising the right to development and education. Rights are an important part of the requirements of his daily life and an actual necessity and need that cannot be dispensed with, and its rapid developments are a legal philosophical debate between several trends. International and national legislation.

The government's decision to withdraw the government from the government has been a major concern for the government. We have discussed in our research the types of land of the state and we have found that it is five types of land owned, princely land, land suspended, abandoned land and dead lands, and that all of these lands belong to the State, but the state authorized to bite them like the princely land and the land of the dead after its revival, as well as we found that the Iraqi civil law provided civil protection to the land of the state under Article 71 and Egyptian civil law has provided for its protection in "87" as stipulated by article 71 and Egyptian civil law. Lebanese law to protect it under the real estate property law, then we concluded the research in a number of results and recommendations.

The fact that the parties to the investment contracts incorporate the law chosen by them to resolve the investment disputes in the investment contracts as clauses of the contracts provoked a difference in jurisprudence that regulate the investment process.

The work in managing the affairs of the state is divided between the authorities created by the constitution. One authority over the other, but in many cases there is a preponderance of the legislative authority against the executive authority, and there are many reasons that lead to the weighting of its balance, such as legal and political reasons, as well as the strengthening of the legislative authority in the face of the government

In this research, we dealt with one of the most important new administrative developments in the field of the digital revolution, which is the role of the electronic signature in the legal work of the administration, as it was defined legislatively, judicially and jurisprudently, in order to understand this new term, as modern legislation began to stipulate these means because of their great importance in The development of the public office due to its ease, speed, and security, and the judiciary also dealt with this term, in addition to the explanations of the law book for this subject, and the idea of electronic signature appeared at the beginning in the scope of exchanges and commercial transactionsThe electronic city, and then moved to administrative work, and the electronic signature is a set of numbers and symbols that can only be understood and analyzed by the electronic computer; And it can only be accessed by its owner, and in order for the electronic signature to be approved in its various forms and types, its legal effect must be the same as that of the regular signature, as well as its authoritative evidence.

Cryptocurrency is a form of currency that exists digitally or virtually, and is available on the international information network (the Internet), and does not have a physical (physical) presence, and is used in commercial exchange with full encryption in an easy and fast way. Given the advantages of this currency in facilitating financial activities on the one hand And the global fear of its use in criminal activities and the difficulty of detecting its perpetrators due to concealment of the identity of its dealers, on the other hand, led to the divergence of countries’ positions between spectators and prohibition and permissibility. Dealing with encrypted currency with criminal activities such as money laundering crimes, terrorist financing and tax evasion. one hand, and avoiding risks, on the other.

In view of the importance that contracts occupy in the lives of individuals, individuals conclude many contracts in their lives, and in these contracts many problems arise, and errors that occur from one or both of the contracting parties, such errors must have solutions through which these problems are settled. And avoid them, in order to continue transactions and stability between individuals, The contractor whose personality or one of his characteristics is considered at the time of the contract should be committed to personally implementing the obligations arising from the contract, and he may not entrust the implementation of this obligation to a third party, in whole or in part, because his personality or the characteristics that he enjoyed in this contract were Is the motive for concluding the contract, such as the competence enjoyed by the contractor or the financial solvency or the skills that the contractor possesses are considered the essential reason for contracting with him, so the contractor has no right to waive the contract because his personality is considered in the contract, A person who possesses these qualities is not entitled to contract with another person who is not satisfied with the other party, and does not possess the qualities enjoyed by the contractor whose personality is considered in this contract. Therefore, the contractor in contracts of personal consideration must implement his contractual obligations personally. And that he does not transfer his obligations arising from the contract, nor the rights arising from it, to a third party, because the other party did not enter into such a contract, had it not been for his possession of some characteristics that were the main reason for contracting with him.The importance of personal consideration appears clearly in contracts that are based on the personal aspect of the contract, in which the personality of the contractor and his characteristics are considered, without regard to the subject of the contract.

Since his existence, man has enjoyed freedom of movement, and he used to move between cities in a qualitative manner and by different means, and with the presence of countries, the need arose for the arrival to them to be distinguished from their citizens. All of this required that freedom of movement be regulated by official documents.
The passport appeared as a document to regulate the entry of arrivals to the territories of countries, and the legislation adopted this regulatory order, so the laws regulating the passport were issued, starting with the definition of the passport as the document issued by the state to its citizens for the purpose of traveling abroad or returning to it, and determining who is granted the passport, and the development of Relations between countries It is imperative that the representatives of the state in other countries be granted passports that enjoy special advantages that differ from those enjoyed by other citizens

This study aims to demonstrate the provisions of compensation for intangible harmful acts in the Jordanian civil law, due to the importance of compensation for the aggrieved person, through the analysis of the legal texts governing the rules of responsibility for the harmful act mentioned in the Jordanian civil law.
Since these provisions are not explicit with regard to the right of the aggrieved person to claim compensation for moral harmful resulting from physical injuries.
The study dealt with the issue of compensation for morally harmful acts through two chapters: the first is about the guaranteed harm and distinguishing it from the absolute harm, and the second is about compensation for the harm in the field of responsibility for the harmful act.
Finally, we reached a set of results, the most important of which are: Compensation for moral Harms in the Jordanian civil law includes independent moral Harms, and does not include moral Harms directly caused to the victim because of physical injuries. The study also came out with some recommendations, including the necessity of amending the Provisions regulating responsibility for the harmful act, in a way that expands the scope of compensation for moral harm, whether for the directly aggrieved person or for relatives after his death.

In this research, we have dealt with the use of force against acts of piracy information law, and it has become clear to us , through it, that the principle in international law is not to use force according to the text of Article 2, Paragraph (4) of the charter of the united Nations , but there are cases in which the law permitted The international use of force ,according piracy, and this to controls ,is legitimate, as it should be with the united states to use force in confronting maritime use derives its legitimacy from the agreement on the goals of the nations to maintain international peace and the security .And we explained in the legal basis for the legality of the use of force and then the effects of the legality of the use of force .As for the second topic , we touched on security council resolutions to address acts of maritime piracy ,and then to a conclusion in which we reached the most important conclusions and proposals.

The issue of the marriage contract using modern means is considered one of the important issues that have arisen in society Recently, due to the great development in the field of communications, which created electronic spaces in which distances were reduced And the limits faded in it, to become a substitute for electronic contracting, saving time, effort and expenses, so it was necessary for us to explain the concept of the marriage contract council by modern means, by stating the time frame of the contract council, and explaining the methods of marriage contract through modern means of communication and the rule of Sharia for what was new from it, with a statement Status law position personal of the matter

The research highlights judicial cohabitation and the impacts of the infringement on Iraqi law. The research aims to constitute the concept of judicial cohabitation and the Iraqi civil law status. The research problem focuses on the essence of judicial cohabitation, its aspects, its conditions and the legal impacts resulting from this infringement as a judicial and legal obligation stated by the marriage contract. The research discusses in the first chapter the concept of judicial cohabitation and broaches in the second chapter the consequential legal impacts resulting from being not obliged to make due to the husband or the spouse. Several recommendations and results conclude. One of these results lies that the Iraqi legislator does not refer to the judicial cohabitation definition and does not object to the regulation of its provisions or does not tackle the impacts of infringement. The recommendations lie in tackling the matter of judicial cohabitation and bridging this legislative gap through discussing the general provisions and the constitution of the legal impacts resulting from the infringement of the husband or the wife.

The special missions have an important and essential role in the development and development of international relations in general and diplomatic relations in particular as a tool for special diplomatic representation that preceded permanent diplomatic representation. Special missions are the first form of diplomatic representation. Usually, special missions are the only or predominant form for some countries in exercising their diplomatic duties and in all specializations, especially in light of technological progress and in the world of communications. The importance of studying the international protection of special missions is evident from the growing international practice as well as the diversity and complexity of international relations and the complications they carry at all levels, which requires the presence of special diplomatic representatives and special missions with high qualifications and experts with special specifications to carry out li mited and specific tasks and according to the tasks assigned to them by their countries. The one who is delegated to them to the countries to which he is delegated. Special missions at the present time perform necessary and important tasks at the level of diplomatic relations. This has dominated the role played by permanent diplomatic missions. Rarely, we find a field of international life in which special missions do not play a basic and pivotal role, regardless of whether they are the tasks of the special missions. Political or technical, and the Vienna Convention for Special Missions of 1969 defined in paragraph (1) of Article 1 that special missions are temporary missions representing the state and sent by a country of any other country with the consent of the other country to deal with it with specific issues or to perform a specific task for it.

The issue of the penalty for the ingratitude of the constitutional periods is of great importance because these periods represent specific periods of time for the purposes that the constitutional legislator had intended when drafting the constitution, which have a beginning and an end. And that the denial of any of the authorities to these periods or exceeding them does not deviate from the meaning of violating the constitution associated with a penalty for that denial.

The principle of separation of powers requires the allocation of an independent member to each state function, so that there is a special legislative body, a special implementation body, and a special organ of the judiciary, so that the judiciary has the general jurisdiction to adjudicate all disputes, and the legislator excludes a range of management decisions without considering them before the judiciary, which is called immunization jurisprudence, and immunization in this way is in the eyes of some a waste of the principle of separation of powers, as the legislator takes away the jurisdiction of the judiciary or part of it. It also gives it to the administration and is also contrary to the principle of legitimacy, which assumes that the actions of the rulers and the governed are consistent with the legal rules prepared in advance, and considers censorship, especially judicial ones, as one of the most important guarantees to verify this conformity, and we have taken a comparative approach according to the plan that we mentioned, and we divided the research into an introduction and the first research and three demands and then the conclusion where we dealt in the first research what is the administrative decision and its definition, pillars, elements and types, and in the first research and god is.

Mobile banking is one of a wide range of information and communication technology tools used by financial institutions to expand the provision of financial services to customers and achieve the greatest amount of convenience for them, with less effort and costs, and access to fast and branchless banking services.
Despite the financial purposes that mobile banking services provide, but they also meet a variety of other purposes and benefits.
There are several factors in the success of the process of providing mobile banking services, including the increasing reliance on mobile phones, so that they have become one of the favorite devices for consumers.

This study deals with the issue of proportionality control over administrative decisions, as it deals with clarifying the concept of the principle of proportionality as an element of appropriateness in the administrative decision, and then clarifying its relationship with similar terms (such as discretionary authority, appropriateness), clarifying the aspects and parties of the relationship in proportionality, and clarifying the issue of recognizing the principle of proportionality. Proportionality between its supporters and opponents, and the basis on which the principle of proportionality is based. This study also deals with the statement of the methods used by the administrative judge when controlling proportionality to reveal the error that the administration made when issuing its decision in terms of appropriateness, specifically the error in estimating the importance and seriousness of the reason and its proportionality with the place that is called Disproportionateness in the administrative decision, and among these methods (the theory of clear error), which the French State Council adopted to monitor proportionality, especially in administrative control decisions, and (the theory of exaggeration), which was adopted by the Egyptian administrative judiciary as a tool to control proportionality in the administrative decision, especially in the field of disciplinary decisions This study deals with some judicial applications in France, Egypt and Iraq, analyzing and comparing them, and then this study deals with some recommendations or suggestions. For the Iraqi administrative judiciary to follow the example of the French and Egyptian in this field.

This research sought to shed light on the disciplinary responsibility of the university professor for his scientific views, as the university is the origin and basis for building the human mentality and culture and improving human conditions, and therefore it is in the first place an ethical organization, concerned with the scientific and moral construction of the student, so work must be done to achieve the disciplinary responsibility of the university professor for His methodological scientific views serve the Iraqi society in particular and the human society in general, taking into account the literary standing of the university professor that gives him enough freedom to express his scientific views.
The method used in the research was the analytical method, by analyzing the laws related to university education and the recent decisions of the teaching staff, issued by the State Consultative Council and the Federal Court of Cassation, with the help of the decisions.
The research came out with a set of results and recommendations, the most prominent of which is that the university professor is a public employee first and he is a special employee second, and therefore disciplinary responsibility applies to him, especially in the scientific opinions that form the mentality of society, so a new law must be issued that defines the competent authority to discipline the professor University before imposing a disciplinary penalty, this law is applicable.

the concept of arbitration in the Iraqi law does not much differ from the one in the Egyptian law , but there is a simple difference from where the nature of arbitration in Iraqi law؛Iraqi civil procedural law number 83 of 1969 specified twenty six articles to organize arbitration, where the said law provided in chapter two of this chapter to arbitrate (and it comes without specifying whether it was international or interior ) and also investment law number 13 of 2006 amended with law number 2 of 2010 and law number 50 of 2015 article 27 touched on to arbitration ,however the Iraqi project does not allow implementation of arbitration decision unless it goes through the Iraqi judiciary as adversaries will resort to courts and spending efforts ,increasing expenses and twisting the intention , while in Egypt ,there is special law specialized in arbitration and this is law number 27 of 1994. and assigned the mission of taking look of arbitration decision to courts of first instance whether it was interior and at the court of appeal of Cairo if it was international unless the two parties agree on another court of appeal in Egypt.

The constitution and laws give the individual many rights, including the right to litigate before the courts, whether civil courts or criminal courts. In the event of a violation of a person’s right, he can resort to the courts to protect this right by filing a civil lawsuit or a personal right lawsuit, which is the lawsuit filed by a person who has suffered damage from a specific act, seeking compensation for this damage. As for the criminal case, it is the claim of the right by the Public Prosecution to the judiciary in the name of the society to impose the penalty on the accused who committed the crime. The right to litigation is protected by law, therefore, it is not possible to deprive anyone of this right. Without enabling individuals to resort to the judiciary, all rights lose their value and remain just a decision that has no embodiment on the ground and has no legal value. There are no rights in the absence of judicial protection for them, thus restoring the balance between the opposing parties and the stability of transactions and instilling satisfaction and belief concerning justice in the hearts of individuals.

By extrapolating the texts of the Iraqi Civil Code and UAE Civil Transactions Law, it becomes clear that there are certain cases that lead to the expropriation of real estate for private benefit and not public benefit. These cases are represented in the expropriation of private property due to adhesion and preemption. This condition raises the question about the extent to which the provisions regulating these cases conflict with the general principles of Civil Law and the Constitution in both Iraq and the UAE are established, those general principles that stipulate it is not permissible to expropriate private property except for the public benefit. Despite the importance and significance of this perspective, legal jurisprudence has not explored and investigated enough about this matter. The objectives of this research are to clarify cases of expropriation for private benefit and the extent of their conflict with the provisions of the civil law and the constitution, in accordance with the comparative analytical approach to the texts of Iraqi Civil Code no.40 of 1959, and the UAE Civil Transactions Code no.5 of 1985 and related legislation. We conclude that there are certain cases that result in the expropriation of property for private and not public benefit, because of the adhesion and preemption, and that expropriation in these cases may contradict the provisions of the Iraqi and UAE constitutions. In light of the research findings, we presented a set of recommendations for Iraqi and UAE legislators in order to address the matters that need to be addressed.

The presumed element of the crime of bribery in the private sector related to the offender’s character differs from the presumed element of the crime of bribery in the public sector, because in the public sector the offender is required to be an employee or assigned to a public service, unlike the first, which requires that the offender be an employee or a worker in the private sector linking him to the employer Or a company or any entity affiliated with the private sector has a business association, whether this association is in the form of a contract or rental of services or any other form as an agency contract, and this relationship may be permanent or temporary for several days or even if it is for a few hours, and it does not matter the degree to which the user exploits or The worker, whether at the top of the job grades in the private project or at the bottom, and the type or nature of the work is not important. The user or worker may perform technical, administrative, clerical or manual work, and the study required research in the definition of the user and the worker, whether it was in the texts of the legislation or in the opinions of Jurists, as well as research on the issue of actual jurisdiction and judgmental jurisdiction represented by claiming jurisdiction and false belief in it.

This study indicates with important topics of administrative law, which is the subject of judicial cancellation of the administrative, contract intervention to emergency conditions. With the management and the breach of the economics of contract the implementation of the contract becomes cumbersome and not impossible, and these circumstances continue, which makes the implementation of the contract cumbersome, even if the contractor has the right to compensation, The contracting administration cannot continue to pay compensation to the contractor because of this circumstance, which is a reason for requesting the termination of the contract. Just as there are principles established by the judiciary to deal with the continuation of the emergency situation, and developments in the theory of emergency conditions, and this development appears in the field of legislation and the judiciary. The study begins with a statement of the traditional concept of the theory of emergency conditions and its impact onnthe termination of the administrative contract, and then we will clarify the coordinates of the concepts of the theory of emergency conditions.

There is no doubt that the information revolution has affected all areas of life, including legal ones, as it has entered the life of the contract and obligations, and specifically on the means of expiry of the obligation, it is possible for the creditor to settle a debt owed by clearing it by electronic means. In fact, it needs access to the details of this method and how it has come to fulfill the obligation. Moreover, this matter needs to prove whether there is a dispute in the release or not, and how the traditional rules related to the expiration of the obligation in this method can be adapted and mitigated by electronic rules, especially since the release belongs to a group Means that eliminate the obligation without paying it by the debtor.
From here, the research will deal with exoneration as a means of ending the obligation, and how technology has affected it, and in comparison with Islamic jurisprudence, the matter may be related to that.

The housing sector is one of the sensitive and always important sectors، as it is related to human life and stability، especially in light of the remarkable economic development witnessed by many countries in recent years، which was accompanied by the urgent need for many urban projects، and Iraq is one of these countries that has suffered and is still suffering from the widespread housing crisis within its society Especially in light of the population expansion and demographic growth that it witnessed continuously، and what made the matter worse is the high level of demand for real estate in exchange for the lack of supply of it at a time when the reality has proven that the traditional real estate sale contract alone has become insufficient in resolving this crisis، In order to face this problem، many countries tended to follow several plans and strategies، drafting many legislations، and developing several programs and modern methods، all of which aim to alleviate the housing crisis. Effective in addressing the housing crisis، which has received legislative acceptance in many countries، The contract of reserving the right to the property is one of the modern techniques in the field of real estate activity that the French legislator came up with and proved its effective role in addressing the housing crisis، which has met with legislative approval in many countries. Several facilities for the latter، the most important of which is the payment of the price in installments in the form of payments commensurate with the stages of completion of the construction by the future seller، leading to its completion and transfer of ownership in a final sale contract، with the owner of the right depositing an amount of money in the seller’s account when signing this contract as a guarantee for him، This study came to show the extent of its importance and feasibility in advancing the housing sector in Iraq and addressing the housing crisis in it .