Journal of college of Law for Legal and Political Sciences

The trademark has an important role in the economic field, which distinguishes services and goods and differs from one product to another and from one service to another, and it takes a large part of our contemporary world, which has become the interest of all traders in the world, and there must be a law and provisions regulating those trademarks, so they require that there are conditions Objective, clear and sound, which is the basis of the provisions of the law regulating them, and the objective conditions must be met and fulfilled in order to be registered. These conditions basically aim to protect the consumer public from fraud, deception and deception, in addition to protecting the rights of the owners of these same trademarks from infringement, imitation and forgery, and Article (5) stipulates ) of the Trademarks and Trade Data Law No. (21) of 1957, as amended, on the specifications of the trademark that accepts registration in terms of the distinguishing and distinctive characteristic, which are the legitimate conditions that do not violate public order and are legally prohibited and do not lead to unfair competition, and this was mentioned in both the Jordanian law In Articles (7) and (8) of Law No. (33) Of 1952 as amended, and Article (67) of Intellectual Property Law No. (82) of 2002 Egyptian, this means that it is necessary to Excess of trademark substantive conditions and without them, the trademark may be struck off and deleted from the trademark register by the court upon a request submitted by any interested party

The sale of the seized movable by public auction is considered a forced sale, and this sale entails taking several measures that precede the sale process and pave the way for it, namely determining the date of the sale. To know with certainty and at a useful time that the sale will take place, and give him the opportunity during this period to fulfill his obligation, and to pay the debt before the day of the sale to avoid selling his seized movables by public auction or objecting to the seizure
Another procedure that precedes the sale process is announcing the sale, which is by publishing in local newspapers and pasting in the places specified by law. Announcing the sale in newspapers leads to the largest number of people being aware of the advertisement and knowing its content in terms of the type of money to be sold by public auction and its description. Its estimated value and other data included in the advertisement, which leads to an increase in the number of those wishing to participate in the auction, and they compete among themselves, and thus the seized movable is sold at the highest price, another procedure that precedes the sale process is announcing the sale, which is by publishing in local newspapers and pasting in the
Announcing the sale in newspapers leads to the largest number of people being aware of the advertisement and knowing its content in terms of the type of money to be sold by public auction and its description. Its estimated value and other data included in the advertisement, which leads to an increase in the number of those wishing to participate in the auction, and they compete among

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).

The credit card is one of the secretions of the electronic development associated with e-commerce, which required means of fulfillment that suits the special nature of this type of commerce. In a manner that ensures the security performance of its function, and from this point of view, this research deals with the nature of this card and the legal effects of dealing with it, to evaluate the position of the Iraqi legislator in
comparison with the comparative legislation.

As a result of the development that has taken place in international trade relations and the changes that have occurred in them, as the international contracts have varied and patterns, and that banking privatization, in which the party is a foreign investor, has a special character and the traditional rules of attribution are no longer in line with this development, so it has become necessary to search for rules to accommodate this development What followed international contracts in general and banking privatization contracts with a foreign party in particular, and the theory of distinguished performance is one of the modern theories in the field of attribution of private international contracts. It is one of the precautionary attribution controls that can be resorted to to determine the law governing the contract if the parties’ will is absent from determining it, and we will show the content of the theory as well. substantive) is one of the peremptory rules, which the judge who presented the dispute to him must investigate when settling the dispute, because it is one of the rules that The necessary application, as it has priority in application over the rules of attribution, but provided that it is closely related to the contract subject of the dispute.

The embezzlement and sale of oil and its derivatives is one of the modern economic crimes that threaten the security and economy of the state, as the object of this crime is oil and its derivatives, which are among the natural resources that belong to the people. The smuggling of oil products has spread in the region and has clearly increased in recent years, so there was an urgent need to develop a special law to combat this crime, as appears from the reasons for combating smuggling of oil and gas and their derivatives Law No. (3) of (2020), and this law contained Substantive and procedural criminal rules. The scope of this research is focused on the objective aspects of the crime of embezzlement and sale of oil and its derivatives only. We have dealt with this research by reviewing the legal texts related to the embezzlement of oil and its derivatives in the law of the Kurdistan Region, and analyzing the legal texts and explaining their pillars, forms and penalties prescribed for them, all of this in some detail.

Since the khul’ between the spouses is a divorce, it stipulates the legal conditions required for divorce, so both husbands must have the necessary capacity to engage in legal actions with reason and distinction, that the wife is an adult of sound mind and worthy of the effort because the khul’ divorce on her part has the meaning of donation, and to be a subject of divorce. And in the form of khul’ or what is in its meaning, such as exoneration, or ransom, as mentioned above.
And because it is a netting contract on the part of the wife, the allowance or compensation that the wife provides to the husband in exchange for her salvation from him, and it is permissible for every financial compensation to be such as the whole dowry or less than it, or more, or any money assessed such as marital furniture, for example, and in order to clarify these issues in the provisions of the law In accordance with the provisions of Islamic Sharia, in order to reach the most prominent manifestations of contrast between them in this regard, so we will divide this research into two sections.

Techniques of genetic en gin eering between permissibility and prohibition genetic Engineering techniques are one of the most important developments reached by humans in the field of biomedical sciences, and have great importance in eliminating some of the problems afflicting humanity, as they have been used in the scientific, biological and criminal fields, the human gene, the evolution of gene therapy by genetic selection, isolate the defective gene, or treat it to get rid of genetic diseases, as well as cloning techniques, and genetic modification by changing genetic traits (eugenics technique). These techniques helped treat many incurable diseases, but they created some illegal practices, so developed countries issued laws that deal with them. These techniques, some of which were permitted and others prohibited, Such as the French and American law, while other countries such as the Arab countries were satisfied with treating some of these techniques without others, such as the Lebanese and Qatari legislators, and others remained silent about dealing with these techniques, and were satisfied with the general rules as is the case of the Iraqi legislator, and because scientific progress has a positive side and a negative side, and even we can take advantage of its benefits, such as the French and American law, while other countries such as the Arab countries were satisfied with treating some of these techniques without others, such as the Lebanese and Qatari legislators, and others remained silent about dealing with these techniques, and were satisfied with the general rules as is the case of the Iraqi legislator, and because scientific progress has a positive side and a negative side, and even we can take advantage of its benefits

Many countries resort to the establishment of special courts to try certain groups of people for several considerations, including mitigating them or tightening sentences on them, and this is a violation of the principle of the jurisdiction of the ordinary judiciary. One of the most important manifestations of the rule of law is not to resort to the establishment of special courts in which one group is distinguished over the other, and with it the meanings of equality before the law, which are guaranteed by constitutions, are lost. What we tried to explain by exposing the concept of special courts, and the supervision of the Supreme Constitutional Court in Egypt on those courts, according to a descriptive approach based on extrapolation and analysis of texts. Or to try specific persons, and membership in it is not limited to judges, but rather includes in its membership civilian or military persons who do not have the capacity of a judge in an easy manner. b The natural judiciary is part of its jurisdiction, and the special courts are among the most prominent exceptions made to the principle of equality before the judiciary and the principle of judicial unity, and that the Egyptian legislator has guaranteed the right to litigation for all without discrimination or discrimination, and the amended Egyptian Constitution of 2014 stipulates the prohibition of establishing exceptional courts The establishment of special courts was not prohibited, and in this there is a conflict in the legislator's position between the lack of provision for the prohibition of special courts

Man is a social being by nature who is familiar with the common lifestyle among his peers, whether he chooses to live in the cities or the countryside, the nature of life imposes on him the bonds of moral and material relationships, few or many, by choice or against his will.
In the sense that there is no escape for each of us from the presence of neighbors around him, the rhythm of his life behavior may affect them negatively or positively, and vice versa, and here the judge must strike a balance between the conflicting interests of the two parties on the one hand, and work on the principle of good neighborliness on the other hand. The norms of place, time and people before pronouncing whether there is nuisance or not

The right to political participation is mentioned among the most important guarantees for human beings at the international and domestic levels, as it occupies a privileged position in all countries as the basic pillar of democracy, as it is the means through which the citizen expresses his will in choosing his representatives. It is not enough to stipulate it in the core of the constitution or the law, but it must be implemented on the ground, as the laws must not be far from the practical exercise of political rights, including the right to vote and to be elected, especially after the emergence of the phenomenon of electoral reluctance, which means in its simplest concepts the citizen’s abstention from participating in life. political. International documents have emphasized international standards that guarantee the right to participate in governance through free and fair periodic elections, as they oblige state parties to develop legislation that enables citizens to exercise this right in practice. Therefore, states have resorted to including this right in their constitutions and domestic legislation, and to achieve effectiveness , subjected it to a set of conditions to protect it from any possible manipulation. In the contemporary world, this right occupies great concern, as it is the legitimate and appropriate means for expressing the desires and hopes of citizens in order to protect their rights and basic freedoms. The democracy of governance and the extent of its legitimacy, as it expresses the true interface of the ruling system and the extent of its harmony or incompatibility with democracy in its main dimensions (freedom, equality, and participation), and as the true expression of the "principle of people's sovereignty", so the right to participate in elections is the best way to consolidate and strengthen democracy

The research deals with the subject of arbitration in personal status, as it is one of the means to resort to when a dispute arises between spouses in order to preserve the family unity and make efforts to reform the relationship between spouses. We reached the most prominent results and recommendations.

The principle of citizenship is one of the legally established principles in the constitutions of countries, and it is considered one of the main foundations for building developed countries and states attach great importance to it. Mutual between the individual and the state, and this bond and belonging is not absolute and fixed in all countries and times, but ranges up and down from one country to another, and in one country from one time to another, and citizenship is affected by political and historical variables and wars negatively and positively, and among these variables is the scourge of financial and administrative corruption, As financial and administrative corruption has a significant negative impact on the principle of citizenship, there is an inverse relationship between administrative corruption and the principle of citizenship. Whenever administrative corruption spreads in a country, the foundations and foundations of citizenship are weakened, the national identity is weak, and the citizen lacks confidence in the government and the state in general, and when the citizen lacks confidence, the initiative weakens. It shrinks, and production decreases, as administrative corruption violates basic rights, which include citizenship, and diverts resources from their original purposes

Judicial work in the field of criminal courts is crowned with a criminal judgment, and this ruling must have its formulation and the necessary elements of the court, as well as its characteristics that are distinguished by it, and the fact that the criminal judgment is not issued at once, but rather it goes through several stages that qualify the competent court to pronounce it and announce it so that it is decisive For the case brought before the judiciary on the one hand, and for it to be immune to imbalance and shortage, and as a result, it is not possible to veto it from the authority competent to monitor its health, and therefore it must have this subjective judgment that we demonstrate in this study.

The aim of our research tagged (constitutional omission) is to clarify the nature of constitutional omission, and to distinguish it from the rest of the shortcomings or defects in the legal or constitutional texts, making these texts vague and unclear, or failing to address all the facts and cases that these texts came to organize, as This study aims to clarify the constitutional basis on which the Federal Supreme Court relied to extend its control over the constitutional omission.

Development decrees represent decisions of an administrative nature, which issue in certain areas and are like the law in terms of content, while they are administrative decisions in terms of form. Its function is to reduce the administration’s dependence on the law, especially in the complex and technical aspects. the nature of decrees is complementary when the legislation is such as program laws or general foundations. and the nature of decrees is of an independent nature when the constitution allows it.It is better to include limiting the scope of independent development decrees in Iraq for include the internal legal organization of public utilities, including centers of employee.it is necessary to exclude everything related to civil and political rights from any regulation.The judiciary of the French Council of State allowed development decrees to maintain public order, or for the purpose of organizing public utilities, or when facing exceptional circumstances so required

The subject of this study revolves mainly around the development of the rules governing air transport as one of the most important economic sectors in any country, and at the same time it is an important, if not the most important, means of transporting passengers. Given the special importance of the air transport sector, the international legislator has organized it in international agreements and agreements New ones to keep pace with developments in the field of air transport. The most important of these agreements is the Convention for the Unification of the Rules of International Air Transport signed in Warsaw on October 12, 1929, and the amending and supplementary protocols thereof, and the International Convention for the Unification of Some Rules Related to International Air Transport signed in Montreal 1999, and the Iraqi legislator has subjected the provisions of his transfer Air transport of the Warsaw Convention of 1929, which is an old agreement and is not consistent with the developments witnessed by air transport, and air transport has developed day after day as a result of the increasing demand for this method by travelers. For the subject of air transport, the agreement has introduced provisions regarding fair compensation that the passenger receives as a result of the damages he suffers. The liability of the carrier has become unlimited after it was limited under the Warsaw Agreement of 1929. It has also developed the use of modern means of communication such as the Internet in order to sell tickets through the automatic reservation system. The agreement is as stated. In its preamble, it sided with the passenger and included protection of the passenger's rights in the face of the air carrier, so the subject of our research will address the objective advantages of Iraq's accession to this agreement.
Through research and analysis of the above, we have reached several results that we have mentioned at the end of this research. One of the most important of these results is that the Warsaw Agreement of 1929 is an old agreement that has passed for more than ninety years. It was put in place at the time to protect the air carrier. In the field of air transport and does not take into account the interests of travelers and therefore it is not valid for application at the present time, and at the end of this research we concluded several recommendations, the most important of which was that the Iraqi legislator should ratify the Montreal Convention 1999 instead of the Warsaw Convention 1929 as the Montreal Convention 1999 has kept pace with developments in the field of air transport.

Artificial intelligence is one of the most important current developments that have an impact on the law in general and on the issue of legal personality in particular. The two directions in favor and against the granting of personality and the arguments and support for each direction. And it became clear to us that legal jurisprudence went in two discordant directions, so he advocated granting legal personality, one side of jurisprudence, relying on moral and other social considerations, and opposed this trend by another side of jurisprudence, based on the lack of a real need, and the lack of practical benefit in supporting the granting of personality without the existence of an independent financial liability. We believe that the current state of legislation, which does not allow granting artificial intelligence entities legal personality, does not prevent granting them in the future, as a result of realistic factors, including scientific and technological factors, which are considered among the factors that require the revival of the legal system in order to be in line with reality

Participation in the framework of constitution-making is in contrast to the traditional methods that limit it to the political elites, as it introduces it in the field of democratic participation by opening up to the people by involving them in the process of drafting their constitution. The new constitutionalism depends on democracy, whether in drafting the proposed document or in its achieved results

The Iraqi legislator prohibited the possession of antiquities in terms of general origin, but it excluded from that certain types of antiquities that allowed natural and legal persons to possess them, including manuscripts, coins and heritage materials registered with the Antiquities Authority. The crime of causing loss or damage to manuscripts, coins or recorded heritage materials is defined as: Every act or omission of a punishable act by the holder of manuscripts, coins or recorded heritage materials that leads to Its loss or damage, in whole or in part, whether it was in bad faith or through negligence on the part of the possessor. Key

God Almighty legalized marriage and made it one of the highest contracts that a person seeks to conclude in his life, in order to preserve human offspring and the continuity of family life. Family, and the significant role of custom in expanding the areas of criteria considered in the qualities of competence in marriage, as well as the qualities of religiosity and morals, as it is necessary to take into account the qualities that necessitated temporal and spatial circumstances and the change of people’s customs, paying attention to them, including lineage, workmanship, age, educational attainment, and beauty , and others, until the purpose of marriage legislation is achieved, which is the intimacy, affection and tranquility that prevail in the family.

Islamic Sharia took great care of women, as it was not satisfied with taking care of women and honoring them due to their rights and duties, but rather fortified them with a protective shield when they assigned their marriage to the person who was most keen to achieve her interests to protect her from submitting to the stifles of their affections that might make them mistaken in choosing their life partner if the guardian was presentut if the guardian is absent, what is the effect of his absence on his ability to conclude a marriage contract? Or is it possible to wait for him to come? What is the possibility of transferring the state to other guardians? This is what we will discuss in our research "the impact of travel on the guardianship of marriage and the presence of the guardian" a comparative study “through two sections. we discuss in the first the definition of the guardian and the effect of the guardian's absence on the contract, and in the second section clarifying the position of the Iraqi Personal Status Law and comparative laws

Voluntary or agreement options are those that result from the agreement of the contracting parties and are based on mutual consent as a result of their stipulation from one or both of them, and under these options both the option of the condition and the option of appointment, and these options have an impact on the rule of the contract associated with them, either in preventing this provision or preventing its necessity, It is a matter in which there may be privacy in its organization in the Iraqi civil law from other comparative laws of Jordanian, Emirati and Omani, and the rule of the contract when the option is established and during its term differs from its rule after its use or expiry, as it may differ if it is for the creditor or debtor and according to the option

The general administration makes contracts in order to carry out tasks. such contracts are subject to a legal system different from that regulating and governing ordinary individuals. Among the aspects of this difference is the power of administration in imposing penalties on the one contracting with it in case of violating the terms of contract. The contract may refrain from executing the contract wholly or partially and he may delay from executing it in the specified time. and he may execute in defectively therefore such penalties have been multipl and varied, financial penalties, compensation confiscatin deposits, delaying fine.

Tax policy generally expresses a set of measures of a tax nature for the purpose of regulating the process of tax imposition and collection in order to cover public expenditures, and manage the economic and social situation in a way that achieves the public interest of society and countries. As for the environmental tax policy, we can say that it is the measures taken by the government to impose a tax on each unit of environmental pollution after dumping it into nature as a result of the failure of the economic unit to treat it before dumping it. Tax policy has various goals that it seeks to achieve, especially since tax systems are closely linked to political, economic and social systems.

Awareness and knowledge of the importance of protecting the environment is not enough, and this has been confirmed by experiences over recent years. Today, we find talk about environmental security as part of the components of the public system; Therefore, it became necessary to activate the role of the environmental police and the (environmental observer) and grant them sufficient powers - similar to the powers granted to traffic officers - that enable them to impose financial fines on violators; Because environmental protection fines represent the most effective solutions for protection from pollution, in addition to that, these fines represent revenue for financing the public treasury, meaning that they will be a double-edged sword, on the one hand as a deterrent penalty for violators, and on the other hand, they generate financial revenues for the state treasury

International cooperation is a fundamental pillar of the pillars and stability of the international system, as without it it is not possible to achieve regularity in the course of international relations, nor to activate the fields of social, economic and cultural development, and international efforts towards strengthening these relations in various fields will not reach their goals, so international cooperation is the basis for establishing International organizations in their modern form.
Accordingly, international cooperation to combat transnational organized crime takes many forms. There is cooperation in the field of searching and investigating evidence, collecting and exchanging information on criminals, which represents international cooperation in the security field. Cooperation may be in a variety of judicial methods between the judicial authorities in different countries. One of its most prominent models is the extradition system

The protection of the rights of people with disabilities and special needs is of great importance, since this category of individuals suffers from a difference that is more or less than the average or normal level in the capabilities that an ordinary individual enjoys, and that God Almighty has compensated some of them for their bodily functions with unique and distinctive capabilities that may make them able and qualified to work in the public office, and from here it is necessary It is necessary to provide special education and supportive services to meet their needs, and then, states care for and protect them at the international level by concluding international treaties and agreements such as the 2006 Convention on the Rights of Persons with Disabilities, and at the domestic level. Most countries have legislation that regulates their legal status. In Iraq, Law No. 38 of 2013 on Caring for People with Disabilities and Special Needs was issued in recognition of the legislator’s importance and their being part of society and the need to care for and qualify them to integrate them into it, and Spreading awareness of disability and preventing it, and contributing to providing the means of a decent life for them. From this standpoint, we decided to address this topic in order to shed light on the disciplinary responsibility of public servants with disabilities and the special need to find out the meaning of what these penalties are and indicate their abilities to perform job duties and the extent to which they bear disciplinary responsibility