Basra studies journal

The new agricultural varieties occupy an important place in human life because of their functions and meet the needs of society, and these varieties are slowly spreading as a result of the recent technological developments, which led many investors and innovators to work on the development of new varieties that provide economy and wealth for society.
These rights are sometimes material and represented by the exclusive right of the breeder to use the agricultural variety by exploiting and obtaining its fruits and also to dispose of it to third parties to dispose of it through consensual licenses. These licenses may be compulsorily imposed for many considerations such as achieving the public interest. Therefore, the owner of the agricultural variety cannot object to it but is obliged to do so against his will in return for fair compensation.
The other right that the cultivar enjoys is the moral right, which is closely affiliated with his legal personality and hence he cannot act or dispose of it. The moral right is not prescribed by the statute of limitations and cannot be reserved by third parties, contrary to that which is the exclusive right.
These restrictions, both legal and voluntary, are prescribed under the international conventions that regulate these categories, and also in the comparative laws that dealt with these categories, influenced by what is the case under international conventions since most of these laws came at a later stage.

The Hydrocarbon wealth is one of the most important economic discoveries reached by man in the modern era, it became the first engine of the economies of the modern world, and the main artery of the economy of oil-producing countries, especially the Arab countries, although it is recognized that hydrocarbon wealth is not the only factor in economic development, but it is still The most important resources and economic forces that control the development process in the Arab oil producing countries and to a lesser extent in other Arab countries, and given the specificity of hydrocarbon wealth of the Iraqi state and the Iraqi society as a whole, Iraq is one of the richest oil countries as a result of the large quantities of oil reserves, which has made Iraq a magnet for foreign investment, and the place of international competition for a foothold in this important geostrategic region, which led to increased oil production and almost total dependence on hydrocarbon revenues in annual budgets, As well as the ramification of public oil institutions in the Iraqi state, especially after the fall of the former regime, which imposes special importance for this wealth in the eyes of the Iraqi lawmaker for the purpose of protecting them partly, so it requires to stand on the criminalization and punishment
The main problem of research has been the question of the adequacy of penal laws to protect hydrocarbon wealth in the light of the complexity of special penal laws, regulations and penal provisions in the Penal Code.
The results of the research showed that there is no integrated criminal law, as in the comparative legislation which regulates the penal protection aspects of hydrocarbon wealth.
It has been shown through the results of the research that there is no integrated criminal law, as is the case in comparative legislation, to regulate aspects of the criminal protection of hydrocarbon wealth.
This was done by studying the material elements of the crime of sabotage in the first demand, while the second demanded the study of the moral elements.
It emerged from the analysis of the main problem posed to the absence of an integrated penal law, as found in the comparative legislation to provide integrated penal protection for hydrocarbon wealth, which reflected negatively on the method of protection and investment of this wealth.
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The issue of the rights of indigenous peoples has received the attention of international and regional human rights organizations, first and foremost the United Nations, both through its general organs and through the human rights treaty bodies.
As a result of this concern, the United Nations has established specialbodies for the protection of the rights of indigenous peoples, such as the Working Group on Indigenous Issues of the Economic and Social Council, and the Human Rights Council has established two indigenous mechanisms: the Expert Mechanism on the Rights of Indigenous Peoples and the Special Rapporteur on Indigenous Peoples (decision The private).
At the regional level, the rights of indigenous peoples are of interest to regional human rights organizations in accordance with the principles of the United Nations Declaration on the Rights of Indigenous Peoples, preceded by the inter-American human rights declaration of the proposed American Declaration on the Rights of Indigenous Peoples and the establishment of a Pan-African Organization for Human and Peoples' Rights. Indigenous worker

The phenomenon of illegal immigration is a phenomenon of modern times of great importance because of its link to the security of the state and the security of illegal immigrants began to emerge in the middle of the nineteenth century as a result of the European countries restrictions on the movement of individuals legally (legal migration) because of their labor After the end of World War II because most of the soldiers returned to their homes and their work, therefore, individuals resort to move secretly or illegally to the territory of the state concerned or move legally and then stay and refused to return to their homes.
As a result of the unreasonably increasing number of illegal immigrants, the United Nations, in cooperation with the international community, has concluded special treaties and protocols to protect illegal migrants, whether workers or private individuals and demanded that their rights and criminal prosecution be preserved. Concerning the position of the international community, it issued laws to combat illegal immigration with irresponsible criminal responsibility for illegal immigrants. Valuable despite its accession to the private organization of illegal immigration treaties, but it has not issued any law for illegal immigration.
Accordingly, the researcher has highlighted the issue of (the responsibility of illegal immigrant in the light of jurisprudence and criminal law) in two papers we address in the first section to the concept of illegal immigration and in the second section, we address the criminal responsibility of illegal immigrant in the light of jurisprudence and criminal law.

The administrative courts have the general jurisdiction to all administrative disputes because of this jurisdiction is consistent with the legal nature of these disputes. The object of appeal is the administrative decision issued by the administration, which has the legal effects of individuals, then this relationship is governed by the public law which is the administrative courts is its natural judge. But the activity that relates to private law comes out of its jurisdiction and is subject to the ordinary judiciary.
Since tax disputes are purely administrative despite the financial and technical nature that prevails over them, then what applies to administrative disputes applies to it. Tax disputes have characteristics differ from civil disputes because the tax administration is a party to it and cannot be treated as ordinary individuals, so these disputes needed to find its natural and impartial judge who understands the nature of administration activity, its methods, and privileges and constitute a true and effective guarantee of individuals rights and freedom from the arbitrariness of the administration.

The purpose of this research is to discuss and analyze the legal mechanisms and rules governing the selection of occupants of supreme administrative positions. The occupation of these positions is of great importance due to the tasks entrusted to this category of public officials in developing administrative work and improving the services of public utilities that managed by them. Despite this importance, there are some shortcomings in the legal organization that can affect the mechanism and effectiveness of the selection of senior positions in state institutions. The research was based on the analytical and comparative research methodology, to know the bases and conditions governing the occupation of supreme positions, whether in Iraq, France, or Egypt, which were selected as comparative countries to disclose and give a clear form about the occupants of supreme administrative positions. This was done by discussing the conditions that must be met in their selection and the most important exceptions to these conditions, as well as the legal system that can be used for the occupants of these important positions, which were clarified by the findings of the research.

Sovereigns incumbents sworn in as part of their work requirements when they take offices The swearing-in of the constitutional oath is one of the necessary measures to assume those sovereign positions The provision for the performance of the constitutional oath is often at the heart of the constitutions. Or appear as a result of a constitutional custom and be binding on sovereign office.
But what we note is that the texts concerning the swearing-in of Iraq came empty of their contents, this is because the consequences of refraining from taking the constitutional oath are not specified by those who are obliged to perform them as members of the House of Representatives who are representatives of the people.
These texts also do not specify what action to take in the event of abstention, despite the constitution and the relevant laws affirming the need for a constitutional oath.

This research studied The legal Organization Of Scientific Research Centers In Iraq, as it became clear to us that Scientific Research Centers play an active role in the process of cognitive development at various levels, and its role in providing the movement of Scientific Research and providing the state with studies and consultations in different science, therefore; it is important to see the legislation that regulates its work to put the hand on the citizen who hinders its work in the scientific research space.