TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Evidence issues are at the forefront of legal issues that are applied daily, as courts of all types resort to them in all civil, criminal or administrative cases brought before them, due to their strong connection to the principles of litigation and the rights and positions of litigants. The subject of proof before the administrative judiciary and determining the burden of proof is of great importance in the disciplinary case, as the issues of proof are among the most important legal issues and the most applied in practical life, and they are almost the only issues that the courts do not stop applying every day in the discounts presented to them.

The principle in the contract is that it is voluntary, that is, it expresses freedom of choice in terms of daring and reluctance to conclude it. The will has the greatest role in forming the contract, and the individual is free to contract or not to contract. At work, there is another type of contract that is not done by choice, and these contracts are called forced contracts, in which the compulsion to contract emerges, meaning that the contractual relationship has moved from the stage of freedom in contracting to the stage of the imposed contract, and the content of these contracts is that the person finds himself forced to contract by virtue of the law. This is either to achieve a public interest by expropriating property for the public benefit through administrative procedures to achieve a public benefit in return for compensation paid to that person, or to achieve a special interest represented by the expropriation of individual property from the hands of its owner for the sake of another individual interest, when the two interests conflict and it appears that the other interest is the first to be taken care of. And consideration, and these applications that aim to achieve a public interest and a private interest are numerous and scattered in a number of laws, but they are united by one idea, which is the idea of compulsion to contract.

Peaceful circulation is an important indicator of the state of political stability in political systems, especially the Iraqi parliamentary political system, as this issue takes on great political importance for the Iraqi political system after 2003. In the Iraqi political system, where political stability reflects positively on all aspects of economic, social, political and security life. We divided the research into an introduction and three topics. The first topic includes the nature of the peaceful transfer of power and its conditions. The second topic was titled “Forms of Peaceful Transfer of Power and Distinguishing it from Other Methods.” In the third topic, we discussed the obstacles to the peaceful transfer of power and its impact on political stability in Iraq. We mentioned the results that we reached, the most important of which is that although partisan pluralism is one of the aspects of democracy, its presence in an exaggerated manner in Iraq is considered one of the obstacles to the peaceful transfer of power. with the aim of achieving a peaceful transfer of power.

The International Convention for the Protection of All Persons from Enforced Disappearance of 2006 obligates the states parties to it to take legislative measures to criminalize enforced disappearance and punish it in their domestic legislation, and in response to this, American and European countries worked to embody this through making amendments to their penal laws in force or issuing penal laws specific to punishment on international crimes, including the crime of enforced disappearance. These countries differed in their criminal policies regarding the implementation of their international obligations stemming from the Convention.
The research is devoted to shedding light on the experience of criminalizing enforced disappearance in the US and European penal legislation, as it constitutes an important legislative precedent worthy of study, and because its results are of great importance in relation to the criminalization of this crime in other states parties, including Iraq.
The research is divided into two sections. The first section deals with the definition of the crime of enforced disappearance in international law, and the second section is devoted to combating the crime of enforced disappearance in American and European legislation.

The rapid development in the world of technology has created the need for new electronic services imposed by recent transformations in services and the means of providing them. The emergence of electronic contracts came to organize and define the obligations of the parties to the contract. With the various forms of electronic service contracts, the role of the obligation to disclose differed in each of them. Accordingly, this topic will address the role of the obligation to disclose in three forms of electronic service contracts, which are network subscription contracts, technical advice, and information supply. Accordingly, the research will be divided into one topic, which is divided into three demands, which will deal with the subscription contract in the network. The second requirement will look at the technical advice contract. The third requirement will deal with the information supply contract.

Perhaps, legislating texts that criminalize certain conducts, and determine penalties for perpetrators is originally considered as a preventative step before it is committed and remedial step after it is committed. It is deemed to be preventative at the time of announcing it, and confirming the application of penalties upon criminals will lead to deter people from committing the crime, and it is remedial in the way laid down in the modal law in pursuance to the principle (No crime and punishment without law). For the criminal law to play its effective role in countering dangerous patterns of crime such as illegal nuclear materials trafficking on one hand, and to provide adequate legal protection for the human right to life and his/ her physical safety, and to maintain the environmental balance from risks of civilized development and advancement of technology on the other hand, it is necessary for the legislature to combat the risk from the inception to avert the damages, via drawing a privative criminal policy based on preventative criminalization, and deterrence punishment. However, yet the Iraqi legislator does not have proper confrontation towards illegal nuclear materials trafficking in the frame of an ad -hoc law and private strict explicit models of law which may suit the criminal danger, embodied into the fact that the imposed penalty suits the portion of danger and damages which may be resulted out of it, therefore, we propose the Iraqi legislator to review the formation of the legal provisions with regards to nuclear activity, and bring back the scattered and inflated legal texts together under various laws and private texts to confront the criminal danger. Thus, an objective preventative criminal policy can fulfill to face the crime and its effects.

Iranian law, like other legal systems, has civil liability based on fault. Article 7 of the Iranian Civil Liability Law, which is built in accordance with the general rule included in Article 1 of this law, holds the person who is observing a minor person responsible in the event that he commits an error in monitoring and following up on a minor. However, judicial procedures in France and with a different interpretation of the first, fourth and seventh paragraphs of Article 1242 of the French Civil Code amended by the 2016 reforms, It has brought about a change in orientation that attracts and is interesting and worthy of learning, which can be presented as follows: the change in orientation from the necessity of proving the parents’ negligence to the imposed negligence and in the end the separation between the basis of negligence and holding the parents responsible without negligence; On the other hand, analyzing the harmful act of the youngster according to the basis of moral negligence, qualitative negligence, then illegitimate negligence, and finally the adequacy of the causal link between the factor of harm and the harm achieved. In Iraqi law, too, the legislator imposes the responsibility of the subordinates On the basis of an assumed error in this assumption, if it is proven that the duty of care necessary to avoid the harm has been fulfilled in the required manner, or if it is proven that the harm has occurred, even if the necessary care has been taken in this case, the subordinate can get rid of this responsibility. In addition, he can get rid of Liability also if it is proven that the damage caused, stems from an external action (force majeure, the default of the third person or the default of the injured person himself) civil liability insurance has taken its form and been prepared.

There are many doubts about the ability of the United Nations to carry out its tasks in light of the current international situation, despite the achievements it has made in settling many crises, as well as its failure in other crises, especially when it collides with the barrier of national sovereignty of the state and this matter is reflected in the role of the organization in settling many of international and regional conflicts, despite all the failures, it is still considered the focal point in settling international and regional problems, especially in the humanitarian fields, and is also a basis for constructive cooperation between global societies through conferences, agreements and assistance in many different fields such as combating poverty and epidemics and working to encourage Development in all countries, protection of the environment, non-proliferation of nuclear weapons...etc.
Therefore, it is necessary to call for the reform of the United Nations Organization, noting that the demand for reform is not a spur of the moment, but rather appeared in the sixties of the last century to the present day, from several international governmental and non-governmental organizations, states and national movements, as the organization itself realized this as the General Assembly issued a resolution Requires a review of the Charter of the United Nations in 1974 AD, in order to activate the role of the United Nations and strengthen the authority of international public opinion, and calls for reform were issued by the secretaries-general of the organization through their annual reports. Based on the foregoing, the necessary reforms must be carried out for the organization, in order to achieve its goals in maintaining international peace and security, developing international cooperation and respect for human rights.

The issue of cyber-bullying, which occurs using digital technologies, especially through social media and mobile phones, has become one of the real topics that must be searched for due to its frequent occurrence, and if the elements of civil liability arising from cyber-bullying are available, this means that this responsibility has been put into practice and its judgment The ruling that results from the realization of civil liability for cyberbullying is the compensation claimed by the victim.
Since there is no legal regulation to compensate for the phenomenon of cyberbullying in all cases of its perpetration, and the general rules for civil liability to compensate for it are lacking, there is a need for another legal system in addition to compensation in the general rules of civil liability to compensate for the damage caused to the victim of the bully to ensure his right to compensation.

Attacks on public facilities have become a phenomenon، the effects of which affect all types of public facilities، whether educational، health، security or other public facilities dedicated to serving the community and meeting its needs. Both types are material، represented by material effects that indicate the occurrence of an assault in damage or warn of its occurrence in dangerous crimes،It also assumes a result in its legal meaning، given that the legislator has relied on the material effects of actual or potential assault، and saw that it constitutes an immediate actual assault on a community interest worthy of protection.
In order to clarify the concept of damage crimes affecting public utilities، we will divide our research into two sections، the first of which will be devoted to the material element of damage crimes affecting public utilities، and we will deal in the second topic with the moral element of damage crimes affecting public utilities.

The criminal legislation of many countries has dealt with the “ private criminal law” and under different names with without meeting on a unified name or term for it. Criminal jurisprudence also differened in their definition of private criminal laws because looked at it from different angles. In particular, it differs from other terms such us constitutional criminal law, time-limited laws, and legislative authorization.
The issuance of special criminal lawshas become a tangible phenomenon in many countries, including Iraq , including the Kurdistan Region, which have issued many of these laws, where they are resorted to for certain justifications and including the legislative vacuum, the emergence of new crimes, the nature of the protected interest in these laws, and the exclusivity of some crimes by special procedures, in addition to political reasons. And ideology. Despite this, the Iraqi and Kurdish legislators should not resort to it except in the necessary cases that necessitate it.

: The principle is that the civil judicial ruling issued in the civil litigation is supposed to be a title of the factual and judicial facts as much as possible, and is correct in both formal and objective terms, but the ruling cannot reach that goal and achieve the necessary stability for the rights and legal positions of the litigants and spread confidence and reassurance in their souls about what has been decreed. With it, except after ensuring due respect for a set of guarantees for the achievement of procedural justice, which the legislator guaranteed to the litigants on an equal footing when they resorted to the judiciary and the use of procedural rights and bearing the duties and burdens imposed by the course of the litigation in order to achieve a just, urgent and prompt judiciary that resolves the dispute in the case in question.

The multiplicity of drafting bodies of the criminal text leads to a problem in the domain of the drafting of criminal text. It also leads to disagreement in the use of the criminal term resulting from the multiplicity of drafting bodies which in return causes a crisis in the criminal term because multiple parties may use one term to refer to different models of behavior. Moreover, it results in the absence of legal certainty which demands that the term should be examined and unified as well as the avoidance of using it to refer to another forms . Thus, states have paid a great attention to the problem of the multiplicity of drafting bodies and established drafting authorized body to secure criminal term unity .

The Iraqi legislator criminalized the possession of antiquities in terms of general origin, but exempted from that certain types of antiquities that allowed natural and legal persons to possess them, including manuscripts, coins and heritage materials registered with the archaeological authority. Whether it was in whole or in part, with bad faith or negligence on his part, and therefore the Iraqi legislator did not distinguish here between the intentional crime and the unintentional crime, which is in violation of the rules of criminal justice that require such discrimination.

It is well known that people are free to establish commercial companies to achieve the goals they aim to achieve, including profit, but it must be noted that the right to establish companies is not limited to the natural person, but the legal person has the right to establish companies to achieve their purposes within the limits of the law, and if we take into account that commercial companies, in turn, are legal persons in themselves, so the question arises about the extent of the commercial company's right to establish another commercial company? Especially since the Iraqi legislator, in Article (12) of the amended Iraqi Companies Law, did not address the details of this right and the extent of its conflict with the purposes of establishing companies and the risks that arise from them. Therefore, this research aims to show the extent of the commercial company’s right to establish other commercial companies by accreditation on the analytical approach to the texts of the amended Iraqi Companies Law No.21 of 1997. The research found a conflict between the provision of Article (12/Second) of the amended Iraqi Companies Law with the provision of Articles (4) and (6) of the same law, and we made a set of recommendations in this area to remove the conflict.

The Court of Cassation is the highest judicial body that aims to unify the judiciary and achieve justice, and the principle is that this court is not allowed to adjudicate the litigation, since its main function is to monitor the integrity of the application of the law in the judicial rulings that are subject to appeal in order to ensure the correctness of the application of legal rules to The facts presented to the trial court that issued the contested judgment. When challenging the judgment before the Court of Cassation, it makes sure that the judge has given the correct legal description that is consistent with the facts before him. Understanding the legal rule or its application to the incident in question, or whether he was correct in what he issued, and it monitors the extent to which the trial court complies with the formal rules that must be followed in the procedures and judgment and in light of that it decides to accept the appeal or reject it. which issued the contested judgment to take over the judgment in it again, but this principle of the nature of the function of the Court of Cassation is given an exception according to which the Court of Cassation is granted the authority to rule In the case, after its rescission of the judgment subject to appeal within a narrow scope and according to certain regulations, and that is upon appeal for the second time and when the validity of the ruling on the matter is valid .

The concept of peace represents the solutions of justice and the absence of violence, and it is one of the main goals of the Charter of the United Nations in 1945, and the international community, especially after the end of the Cold War, has realized the necessity of preserving, developing and strengthening it, as well as reducing the causes of its threat or breach, through Through the development of a tight international organization based on various and advanced methods of crisis management in line with the changes and developments that have repercussions on the reality of this organization, which forced it to develop new mechanisms that deal with the requirements of this task, which resulted in the emergence of the peacebuilding mechanism in an effort to develop and expand The concept of peace is to emerge from a traditional framework with military dimensions, to include humanitarian, political and developmental dimensions.

The countries of the world, especially the developing countries, have suffered over the years from the emergence and spread of the phenomenon of corruption and fraud among their societies, administration, and public and private institutions, which hindered development projects in them, and made them falter without achieving the desired goals, which increased the rate of poverty and underdevelopment and many other problems. Methods and indicators by researchers to measure the phenomenon of corruption across the countries of the world and Iraq as a model. The most popular measure for calculating the degree of corruption is currently approved by Transparency International, which issues an annual report that looks at the state of corruption across the world. This indicator relies on perceptual indicators that are derived from Questionnaires prepared in the concerned countries, and based on these indicators, the hierarchical positions of these countries are determined in the list of corruption that is issued every year. Therefore, this study aims to shed light on the nature of administrative corruption, and the most important specific indicators for measuring administrative corruption in order to clarify the vision of the dangers and its degree in countries.

Legitimate defense in general is one of the legal concepts known in the internal and international legal systems, and it means the right to respond to ward off immediate danger and to a sufficient extent, This concept has witnessed a great deal of controversy in international law, in fact, despite its regulation under Article 51 of the Charter, interpretations have differed regarding it. With this great controversy over the origin of the concept, another concept emerged from the origin of legitimate defense, which is preventive legitimate defense, which means the legitimate use of force against imminent illegal dangers, provided that the use of force is the only way to ward off those dangers. Therefore, this research attempts to study and root this concept and analyze its interpretations and applications in an attempt to reach the extent of its legitimacy in international law.

One of the most prominent right enshrined in international treaties and national legislation at the constitutional level is the right to express opinion, given its importance in promoting various human rights, developing thought and evaluating performance. However, in practice, the use of this right often collides with duties and prohibitions that restrict the behavior of individuals and employees (within the scope of public office legislation), so that the use of this rights in public office has become a restriction that may affect the origin of the right. The administration can interpret the employee's behavior as a breach of the duty of respect . On the other hand, the employee can claim that he is exercising his right to express his opinion.
This scramble is the result of the overlap between the boundaries separating the duty of the employee to respect the administrative head and the right to express an opinion. This is why many disputes are raised before the administrative and ordinary courts, and although it adjudicates them with rulings that end the dispute, it did not set clear criteria that can be relied upon. In distinguishing between what is rights and what is duty. That is why we found that it is beneficial to delve into this topic and make it a material for our financial research.

Despite the shocking substantive basis on which the responsibility of the nuclear exploiter is based, the work of the general rules of liability owed in respect of a nuclear accident may lead to the possibility of multiple liability for such an accident, but this responsibility is better to be concentrated in the person of the nuclear exploiter. The exploiter of third parties with the compensation he has provided, even if the latter is responsible for the accident in accordance with the general rules.

The Iraqi legislator organized the provisions of the administrative investigation in accordance with the State Employees Discipline Law No. 14 of 1991, where the administrative investigation is considered one of the most important legal measures taken by the administrative authority to investigate and determine whether or not tort responsibility is established and determines the employee who violates the law, regulations and instructions who deserves to impose disciplinary punishment … and it has a subject The research focused on the administrative investigation and its importance as a legal guarantee for the public employee, the regular functioning of the public office, and the reduction of violations by imposing the provisions of the law on the violating employee.
Is the administrative investigation sufficient to guarantee the administration’s right to evaluate the conduct of the provisions of the public job and not to violate the public servant’s duties in his job? Is it considered a fundamental legal guarantee for the public servant against the authority of the administration.

Fear and psychological instability of people and the resulting states of anxiety and turmoil in some cases that may affect the will of a person, were the focus of attention for the legal provisions in punitive legislation, and we find this through the interest of the legislator in the psychological state and stability of the person and reassurance of his rights or interests and make it an issue The task is in the application of some of its substantive criminal provisions, whether in the field of criminalization and punishment or in the provisions of permissibility and criminal responsibility, as the application of some texts in these cases requires the state of fear that a person reaches as a result of the threat and threat of material, moral and legal harm, and the same is the case that fear can be A basis for the permissibility of some criminal behaviors if there is a justification for this case, as in the case of legitimate defense, and also this fear can be a satisfactory condition and is classified as a psychological and mental disability, and thus it is a barrier to the person’s responsibility for the assault resulting under its influence.

In this study, the researcher dealt with the mechanisms used in settling investment disputes, through which it was found that judicial means are not the only way to settle disputes arising between the administration and the foreign investor, but there are other means that can be resorted to in resolving these disputes, so the researcher classified the study in to into two parts, the first section dealt with the concept of foreign investment, as the second part dealt with the ways of settling disputes arising between the management and the foreign investor, and concluded a set of conclusions, the most important of them is that the Iraqi legislator has made arbitration between the parties to the conflict optional under Article (27/4) of the Investment Law No. (13) for the year 2006 as amended provided that this agreement is in writing and the subject metter of the dispute is specified in it ,It also concluded a group of results, the most important of them is that the Iraqi legislator must expedite the enactment of the arbitration law, which has already been prepared since 2011, but has not yet been presented to the House of Representatives for the purpose of discussing and voting on it.

Digital drugs are a serious issue that threatens age groups, especially people who are under the legal age of puberty, as well as something that is not easy for the national or international community. Previously, digital drugs were used as a treatment for psychiatric patients and those suffering from neurological diseases, but the matter was different when Internet networks became available in all age groups, they are taken to harm and destroy the self, not to treat it, and it is possible that some individuals may reach a state of addiction. Accordingly, it necessitated criminalizing the behavior of making audio clips and uploading them on the Internet, as well as prohibiting their circulation, and prohibiting listening to them if their effects are proven to be similar to that of traditional drugs.