TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

The disputing parties' choice to have their disputes resolved by the Department of Employment and Loans arises from their will and desire. Their goal is to reach an amicable solution that ends the conflict between them and achieves the interests of the two parties. Accordingly, the law permits the conflicting parties to follow the path of amicable justice by using the Access Operation and Loans Department, according to a guarantee of simple and free procedures. To quick solutions for the purpose of continuing the implementation of the work or the agreed project without being disturbed by the atmosphere of disputes, so the option became open to the parties to the conflict to put forward their disputes before the Department of Employment and Loans from the stakeholder party for its fairness in an organizational and legal manner, so the parties have resorted to it and to overcome the obstacles they may resort to in order to overcome them The complex formalities that are subject to the dispute before the courts.

The companys purchase of treasury shares has many advantages and positive finicial effects on the part of the shareholders, so the companyis management seeks to consolidate these advantages in their minds, which leads to an increase in company activity, and a return for the positives achived by the companys purchase of shares the treasury stands a set of negatives that result from the companys practice of this process, as these negatives pose a great danger to dealers in treasury shares and creditors, which prompted many legislation that allowed joint stock companies to deul in treasury shares to put many restrictions on dealing with them for the purpose of mitigating thos risk and take advantage of its advantages.

Gender(Sex) is something that man does not choose،,in fact , it is a wisdom from Almighty God, and He is the One who created man into two sexes, male and female, with no third sex، and assigned each of them duties that differ from the other and according to the nature of each of them. The criterion for distinguished in jurisprudence differs from that in medicine In jurisprudence , sex is distinguished at birth, while in medicine ,discrimination is made through different criteria، including hormones، glands، and chromosomes.for some people ,sexual disorders may occur ، so they develop that feeling that they belong to the opposite sex and submit to Satan's desires as they submit to changing their sex by taking hormones of the opposite sex and then surgical intervention. Therefore, such people become mutated human beings neither males nor females, this is what is known as the process of changing Gender(sex), and if this change occurred, it would affect both non-financial personal issues.

Civil contracts are divided into substantive contracts in which the personality of the contractor is not included as an important or essential element in the contract and another on the basis of personal considerations, and this type of contract in which the personality of the contractor is essential, and therefore the implementation of the contract with personal consideration primarily relates to the contractor himself, with the exception of contracts . The list of personal considerations is not one of a kind. There are some of them a personal consideration which is one of the requirements of that contract, and therefore it is not necessary to mention it as a condition in the contract to abide by it, while in other cases the personal consideration is not binding on the contract, which requires its inclusion as a condition in the contract for the possibility of invoking it. Moreover, it arranges personal consideration. Effects in the execution of the contract in cases of error in the person of the contracting person, death and subcontracting.

The international community needs to unite its efforts more to confront the dangers of the dark internet, which is a part of the internet that is not indexed by search engines, and therefore it is difficult to identify and track who uses it, which poses a great risk when used in illegal trade, and because it is a platform for everything that threatens the main foundations of the international community. In terms of security, peace and combating transnational crime, and despite the national efforts that have been made as well as international efforts, there remains the necessity for the United Nations to lead real efforts to unite countries in order to conclude an international agreement to address illegal trade on the dark internet, as it has previously addressed everything that threatens unity The international community and its security, Countries also need, at the national level, to renew judicial systems to facilitate the granting of licenses to search and track criminals. Law enforcement authorities also need to continuously develop their cadres to keep pace with every development that occurs in the world of technology.

The inheritance of the hermaphrodite is one of the important issues in human life، especially at the present time، given the emergence of many people who possess at the same time a female reproductive system and a male reproductive system، and this is something beyond their control. Therefore، it is necessary to turn to such issues in society because the inheritance of these people raises Big problems when dividing the inheritance between them. Is he considered a female in the inheritance، or is he considered a male? That is why we shed light on the issue of intersex inheritance and explained the opinion of Muslim jurists in it، as well as the extent of the limitations of Iraqi law in this regard. In order to solve the problems arising from the issue of intersex inheritance، define this term and clarify its provisions

This research deals with the issue of an attempt of the crime of electronic blackmail. We paved the way for it with an introduction and indicated the importance of this research. Then, we divided this research into three chapters. Finally, we finished it with a conclusion stating our conclusions and suggestions.
The most important of which was the need to distinguish between the penalty for the crime of threat , which is the first part of the crime and the second part of the crime. Which is the occurrence of the result of blackmail after the threat

In this study, we are looking for the effective role of the labor law and the social security law in applying the social policy of the state through the adoption of the state and according to the approach it adopts, whether it is the free individualistic doctrine or the socialist doctrine, or in the case of adopting the economic democratic method in dealing with through the adoption of the free individualistic doctrine with the presence of For the elements or forms of intervention in the field of social economy to achieve justice and equality for all members of the working class, and therefore it is not possible for the state to remain in a spectator position in light of the negative concept (the guardian state) and to maintain the existing labor relations under the free individual doctrine (the contract is the law of the contracting parties) Here lies the remedy through the intervention of the state in regulating labor relations by substituting the will of the state for the will of the parties to all the legal rules regulating the labor law and the guarantee law. And freedom of work, which guarantees the stability of peace and social security for all the masses of the working class.

The legislative policy in disciplinary punishments has its own specificity in the disciplinary field، especially in terms of the legitimacy of violations، in which jurisprudence was divided between supporters and opponents of codifying them. Until it takes another direction in its policy to cover the shortfall in the legitimacy of violations، such as defining disciplinary violations in general terms، as well as trying to define them accurately and link them to disciplinary penalties in special disciplinary laws، or arranging some penalties for repeat violations، all within the limits of not infringing on constitutional rights and achieving Balance between management effectiveness and employee guarantees، in order to achieve visions of a narrow scope، represented in the permanence of the functioning of public utilities، and another of a wide scope، represented in achieving the public interest .

: The tremendous technical development in the weapons used in armed conflicts and their destructive effects puts the credibility of international humanitarian law at stake. Many legal concepts must be reconsidered to keep pace with this development. Drones have become today a serious threat to human rights. Targeted killing by these planes is under the pretext of Confronting terrorism, the lack of accuracy necessary to identify targets and confiscation of the principle of military necessity, all this prompted the direction of addressing this issue legally - although it does not meet the ambition - and the intervention of the United Nations and the International Committee of the Red Cross to condemn and denounce the use of these weapons, and activate the rules of criminal responsibility to prosecute users and compensate those affected.

The right to obtain information is one of the basic principles of human rights, which is stipulated in constitutions and state regulations and guaranteed by most international conventions. The principle of freedom of information circulation is one of the most important principles of democracy, and it is an essential element in economic development of building a modern state. Freedom of access to information constitutes one of the basic mechanisms for securing and promoting transparency in government decisions and government accountability for its actions.
The right to obtain information has been defined as the right of the public and individuals to obtain all information that the public authorities seized or blocked. In any way, this right has become one of the most important natural rights of human.

The principle of legitimate expectation is one of the elements of modern legal systems. The goal sought by the principle is to achieve the greatest possible degree of legal stability and stability for individuals, and despite its importance, the Iraqi legislator did not take it, which exposed the legal centers to a series of sudden and unbalanced fluctuations, and the last approach of the Iraqi legislator was manifested. In the first amendment to the Unified Retirement Law No. (26) Of 2019 in force, as the retirement age was suddenly and suddenly reduced without specifying a transitional period for the application of the provisions of the amendment, and certainly the aforementioned trend undermined the legitimate expectations of those addressed by the legal rule.

Women’s participation in decision making continues to be a subject of debate and receives the attention of international community and the attention of democracy and human rights activists given that women are considered half the society. However, human civilization has lived for long periods of time without recognizing the true role of women and has not granted them their rights fairly compared to the other half of the society, which affected women’s participation in public life and their political, civilized and cultural output and resulted in women and feminists movements having to fight for long periods of time for the recognition of women as humans who have the full human and basic rights and as fully qualified citizens. Although there were improvements in many aspects of Women’s position in society , the prevailing societal, cultural and legal structures, which often are considered sacred, continue to deepen discrimination against women, particularly, in the Arab region, which continued the gender discrimination against women and this required the international community to strongly stand with women to guarantee women’s rights both locally and internationally and to eliminate any discrimination against them, which guarantees securing local and international protection of women’s rights in all aspects of life, in particular, political participation and attaining to public office with no restrictions or obstacles on the way.

The financial system of the spouses means a set of legal rules according to which the rights and duties of the spouses are determined in terms of ownership of their money, the wills of this money, its management and use, and in terms of debts that are made before and during marriage and after the dissolution of the contract and the settlement of the rights of both spouses after the end of the marital relationship.
The legal organization of this institution differs from one legislation to another. If the legislation that adopts Islamic Sharia in personal status laws explicitly enshrines the principle of separation inherited from Islamic jurisprudence and makes the financial system of the spouses within the personal status sect that is subject to the national law of the spouses, it is different This is in Western legislation that distinguished between the legal financial system and the consensual financial system, and it considered the financial system of marriage as one of the effects of marriage that entered the circle of real conditions and subjected it to the law of the will of the contracting parties, within the limits determined by the law.

To resolve commercial disputes arising from legal relations, resort to arbitration as an alternative to litigation through the terms agreed upon between the parties to the dispute when concluding legal disposal or with a subsequent agreement on it, not only at the national level but also at the international level by resorting to arbitrators chosen by the will of the parties to the dispute to resolve their disputes And in order to activate their will to preserve the privacy and requirements of trade and contribute to preserving speed and credit as basic principles of trade, it is necessary for us to study the nature of arbitration by explaining its definition, forms, types, characteristics, and what distinguishes it from the suspected terminology and alternative means, and then to identify the issuance of the arbitration decision correctly, its formula and its impact When implementing or refusing to implement it and ways to challenge it, as well as looks at it in light of the Corona pandemic.

Despite the lack of relative speed of the Iraqi legislation. to regulate laws Concerning Islamic banks when compared to other Arab and islamic Countries. Al-Nahrin bank cau legislation was a big step and an awaited opportunity by a big amount of people. for a lot of citizens do not deal with traditional banks which deal with interests. which takes out a big amount of money before even entering investments. and gets rid of savings which do not benefit the economy. it also brings out opportunties for the Iraqi economic cycle. That was Al-Mahrin Islamic bank which we Wied to show its advantages and disadvantages.

The process of interpreting penal texts in the criminal law differs from what it is in the rest of the other laws, as the criminal text is subject to an important constitutional and legal rule, which is (the legality of the criminal text). The use of analogy, as it is forbidden to use it in interpreting the penal text, in contrast to the texts that permit the act or prevent criminal liability. It is possible to use analogy, but in certain cases as well, and the prohibition came here because of the seriousness of this subject that leads to restricting the general freedoms of individuals and to making the judge create crimes and penalties that are Exclusively within the competence of the legislative authority, here the importance of studying criminalization by analogy and what is its scope in criminal law emerges

In this research, we illustrated the methods of corruption associated with Iraq's fiscal policy instruments. We outlined the association of those methods in estimating public expenditures and how to circumvent and manipulate the proposal and estimate of required expenditures, as well as their association with the allocation of public expenditures. We have outlined a range of ways and areas that some political powers use to acquire public funds by circumventing laws so that they are formally approved by the constitution, but in terms of content they show the opposite, and we have outlined a set of corruption methods associated with public revenues related to the collection of those revenues. We have demonstrated some of the methods used by corrupt people to acquire public revenues and prevent them from gaining access to the public treasury of the State, as well as the association of corruption methods with the general budget, the exact numbers of the budget, how to manipulate and make changes in budget items and the choice of projects that they consider to suit their interests either directly or indirectly and with political covers as well as corruption methods associated with weak legislative control of the public budget, we cited several vivid examples, and then put forward a set of conclusions and proposals that, if they were introduced, would do something to combat corruption linked to public finances.

In essence, any administration is considered competent or not based on its ability to organize and gurantee the public service utility is being properly run using all constitutional and legal tools available to it and one of these tools is ensuring the rule of law and that these laws and regulations are adhered to and in line with the intentions of the legislator and the needs and work requirements as well as the societal and business developments, but in some cases we find that legal provisions are omitted or it was misinterpreted by the executive bodies in a way that does not align with the intentions of the legislator nor with the public interest , which requires correcting and guiding these ministries and government bodies. No doubt that the highest goal and purpose is achieving and putting public interests first. Through our work and based on on our experience we have found some issues in some government bodies and ministries related to the administrative disciplinary proceedings taken in a certain subject, which may have led to erroneous results and their impact in causing the administration to sustain some hardships or damages impacting its financial position and it is imperative to ensure these adminisatrions avoid such proceedings in the future.
The administration errors include but not limited to errors in forming disciplinary committees and the application of laws and regulations related to its proceedings including but not limited to hearing and writing witness statements or the suspension of an employee. However we have to examine other matters including the administration authority in investigating the issue and its right to discipline an employee, how these disciplinary comittees apply the laws and regulations.
In this concern, we have taken the path of practical review and analysis and all issues related to the direct work of the disciplinary committee instead of providing some theoretical thoughts and detailing some definitions of an already defined concepts. We aimed with this research paper to examine some of these issues and obstacles facing ministries and government bodies hoping it will benefit them in improving the ability of the administrative disciplinary committees and ultimately ensuring the proper application of laws and regulations.

Perhaps most Muslim jurists from various Islamic schools support the idea of organ transplantation, as a donation between the living, or through a will after death, but they restrict their positions to standards and controls, and several cases may arise for reasons related to a set of problems that need jurisprudential solutions with different sources and the situation in which we are In the process of researching it is the state of wills with a corpse, the state of wills with human organs, and the wills with externally fertilized organs before transplantation, and this is what we will discuss successively.

The administrative judge also has the jurisdiction of staying the execution of the appealed non-explicit administrative decision if there is fear that harm would be inflicted on the concerned party, it would be difficult to rectify the consequential effects unless the execution of the appealed decision is stayed or its judicial abrogation is delayed due to the prolonged time of the proceedings, and when both conditions of seriousness and urgency are present in the request submitted by the appealant who lodges his lawsuit before the administrative judge.
The administrative judge has the jurisdiction of considering compensation lawsuits arising from the appeal against non-explicit administrative decisions that caused harm to the appealant plaintiff, and when the pillars of tort liability [of the fault-harm causal relationship] is present, then the court ruling shall indemnify the appealant who inflicted harm due to the management’s non-legitimate actions that affected the appealant’s intrests and caused him a physical or mental damage; the judge shall give the ruling of compensation.

The state having special competence in determine the jorisdiction of its courts in resloving the dispotes, The competence of courts divided into type , the first depended on excitence of foreign element in legal. Relationship which called the international Jurisdiction of national courts like Iraqi. Procedural law. The second type depend on internal relations ships at compose of parties, following to state called internal Jurisdiction, The spend of electronic commercial across net that led to growing of increasing the legal issues which related by this international contracts all that mentioned above reflected upon the question of determine to Judicial international Jurisdiction and the standers which govern its, most of these standers having material aplacing descripting as place of residence or place of residence or place of concluding the contract or place of excustive the contract, that made it contracting with privacy of international world wide which it represented cross border net and recognized in mameless of users and then are difficulties of determine the place of time. So the adapring these changes become necessirty by legislated lanes to understood these changes . the law must protecting to users as a customers and providing the best means and standers and with reurmonizing with costody of courts and answering effectivess of it . and treatment of the lacking in this classical rules of Judicial Jurisdiction and trying to developing the rules and founding the Quet of these protecting.

The research deals with the position of public international law on the phenomenon of defamation of religions, as the Organization of Islamic Cooperation addressed the issue of internationalizing the prohibition of defamation of religions as a violation of human rights. The person who was the place that the two sides tried to prove their position.

The Supreme National Commission for Accountability and Justice is one of the most important temporary independent bodies in accordance with the text of Article (135) of the Constitution of the Republic of Iraq in 2005. The Baath Party Under any form, the commission exercises, under the Law of the Supreme National Commission for Accountability and Justice No. (10) of 2008, many tasks and competencies, and it also enjoys a number of authorities specified to it under this law, through its administrative organizational structure, Referring to the above law, we find the multiplicity of measures taken by the Iraqi legislator, which can be imposed on employees belonging to the Baath Party and the dissolved agencies, and which were specified exclusively in Article (6) of this law. The Ba'ath Party and the apparatus dissolved before 9/4/2003 for the purpose of achieving the goals of the Commission and carrying out its tasks in accordance with the aforementioned law.

Although the term legal security is recently established, the idea it carries is due to the idea of natural law, which states that every human being has innate rights since his birth. From the instability of human life, imposed itself on the law and the judiciary as a result for facing these challenges, absorbing them, avoiding the negative effects resulting from them to the least possible extent, and preserving their role so that they can be a factor of stability and stability of the legal system and protect rights and freedoms from their negative effects. its legislative policy drawn up by the state.
It is not true to talk about the value of the legal base except in view of the degree of its stability and the extent to which it guarantees rights and freedoms, in order to achieve the confidence of individuals in the legal system and its reassurance. What is legal security and its definition in terms of jurisprudence and the judiciary, and the statement of the legal basis on which this principle is based To clarify the role of both the administration and the judiciary in protecting this principle. The administration, by virtue of the powers it possesses, may be narrowed or expanded according to what the legislator has delegated to it. It must observe the principle of legal security and the limits of legality in its legal actions and in its relationship with its employees. The judiciary, as a protector of the rights and freedoms of employees, is therefore obliged to find ways to observe the principle of legal security whenever it deems it necessary to abandon a previous position, to create a kind of feeling of confidence among individuals in their legal relations.