TIKRIT UNIVERSITY JOURNAL FOR RIGHTS

Family rights arise as a result of ties within the same family that are caused by marriage or kinship، and these ties result in reciprocal financial rights between its members. Death، and these rights include the husband’s right to his wife’s inheritance، and the husband has two cases: the first، in which the husband has half the estate، and the second، in which the husband has a quarter of the estate، and the reason for the difference in the husband’s share in both cases is the presence or absence of the inheriting branch of the deceased wife، and on the other hand There was a jurisprudential dispute about the husband’s right to the dowry he gave to his wife if the latter killed her for her husband or killed her for herself. She died in her waiting period.

The phenomenon of exploitation of non-functional influence is one of the serious phenomena that the Iraqi legislature did not criminalize, limiting itself to criminalizing the exploitation of functional influence only, although it leads to the same criminal result, and despite its difference from crimes against the duties of public office, the Iraqi legislator neglected the sources Other influences, such as political influence, social influence, and economic influence, whether its influence is real or alleged, because the spread of non-functional influence is due to several reasons, the most important of which is the absence of punitive legislation, and weak government administration, which makes the abuse of influence have a negative impact on all levels in the state. Therefore, international legislation, such as the United Nations Convention against Corruption, and national legislation, such as the Egyptian, have tended to criminalize these behaviors, and this is what prompted us to demand that they be criminally confronted in Iraq.

Commercial papers in general play a prominent role in supporting commercial activity, and perhaps the issue of the legal implications of canceling endorsement in the commercial paper is one of the important topics, since delisting in general leads to the lack of legal value of the bond or diminishing that value, and the paper because it is a fulfillment tool and its most important characteristics is its ability to trade and this write-off It may lead to this feature, but this cannot be implemented in the commercial paper for the individual legislator of commercial papers with special legal provisions for delisting, as deleting the endorsement may have important legal implications when endorsing the commercial paper and the consequent exit of the appearance from the warranty circle When his endorsement is written off, or the consequences of deleting the final appearance for its endorsement and subsequent endorsements, as it becomes a legal bearer of the paper and has what legal holder of the paper and has the same rights as the legal holder, or that makes the commercial paper not subject to endorsement .

After all the procedures for filing the disciplinary case are completed and the administrative judge confirms the conditions for its establishment, whether formal or substantive, the stage of proving the subject matter of the disciplinary case. This goal cannot be reached unless a set of means and evidence is provided, whether at the request of the administrative judge or at the request of the parties to the case, which collectively aims to convince the judge of the eligibility of each opponent in the case and without such evidence, the intended truth cannot be reached. Therefore, the means of proof related to the preparation and completion of the case are initiated by the administrative judge at the request of either by one of the parties to the dispute or on his own according to his conviction and appreciation of the necessary administrative documents To prove the truth of the dispute, the administrative judge instructs the parties to the dispute to submit documents and papers in order to reach and prove the truth.

There is no doubt that the government exercises، in addition to the executive competencies، legislative competencies، represented by the issuance of subsidiary legislation، that is، the issuance of laws and regulations of various types، and this subsidiary legislation، although it is within the competence of the executive authority، but that there can be a role for the legislative power in it، in addition to that. The legislative authority may issue a decision similar to the subsidiary legislation called the parliamentary decision، which has become competing with the executive authority in its issuance of organizational decisions.

Non-governmental organizations in society have become an undeniable reality, with the potential and capacity to defend and protect the interests of individuals. The International Committee of the Red Cross (ICRC) is one of the most important of these organizations to play a significant role during non-international armed conflicts. It seeks to ensure that the parties to the conflict are committed to the application of the rules of international humanitarian law through a variety of activities carried out on the basis of their role in accordance with the rules of international humanitarian law, the four Geneva Conventions and their two additional Protocols. It works in accordance with the right of humanitarian initiative in the absence of a text governing its work and provides assistance, protection and the return of family ties.

Damage is considered one of the important issues in constitutions and laws in its various spectrums, as it has taken an important place within the legal texts. From his civil law No. 40 of 1951. In Iranian law, up to a certain period, compensation for moral damage was not subject to financial correction, because from the moral side it was disgusting to compensate with money, just as this compensation could not erase the damage, as well as estimating it was difficult, and also it was a matter of disagreement between jurists and jurists. However, with the continuous development of the concept of civil liability, it has become acceptable to compensate for moral damage, based on the principle of full compensation for the damage Also, this type of compensation has become acceptable to most countries. Therefore, we see that the Iranian legislator dealt with compensation for moral damage, based on the constitution, which laid the basis for this through the text of Article 171, as well as the texts of other laws, as it was mentioned in Article 9 and Article 14 of the Code of Criminal Procedure and Articles 1, 2, 8, 9, 10 of the Civil Liability Law, when he supported the claim for moral compensation. And that the issue of the right to compensation for moral damage is one of the extremely difficult topics, as there is moral damage mixed with material damage in a way that makes categorizing the damage from a specific aspect very difficult, and the damage is one of the pillars of tort liability as it is harm to the person in his money, body, emotion or feeling, All legislations agree that the damage must be achieved because of the harmful act, so that the injured person is compensated for the harm he has suffered, and the damage is of two types, material that affects the person in his financial or physical liability, and moral harm, which is the focus of our research that affects the person in his affection and feeling or a right owned by him.

The issue of the Government financing of political parties is considered one of the important issues , as a result of the apparent corruption that impurity it and was met by individuals who held a bad reaction toward it , which would undermine the very idea of representative democracy from one hand, and affects the peaceful coexistence between parties themselves and the members of the society on the other hand . and leads to a lack of interest in the political issues from another third side . That is Social justice resulting from equitable distribution when financing political parties is one of the most important pillars of community peace . There can be no community peace between the members of the same country when there is a control of a ruling party that exploits its presidential position while funding parties at the account of another weak party that does not own what the first party has . which leads to the destabilization of security and generate dissonance, hatred and hatred between supporters of the two parties or other parties .Therefore, it was necessary to study and discuss the issue in the legislation of comparative legal systems when regulating the control of the financing of political parties and electoral processes . and it's impact on the peaceful coexistence of members of society . Note that the organization is not on a single degree or level, but its different according to the democratic experience of those countries and the extent of integration of such legislation , with the aim of highlighting the gaps in the Political Parties Law in Iraq, and to cope with regional and international developments for the establishment of community peace.

The process of writing off debts is a complex issue that the Iraqi legislator has surrounded by a number of guarantees expressed in a number of legislations, including the effective Iraqi Financial Management Law, the effective government debt collection law and other laws to ensure that this process is not exploited in the illegal execution of state debts, which causes wastage In state funds, the effective financial management law has granted the executive authority powers to write off these debts according to certain percentages and amounts, and what exceeds them is within the jurisdiction of the legislative authority. To address this issue and highlight the aspects of strength and weakness in Iraqi legislation.

Victims of transnational crimes have a set of rights referred to in international conventions. Perhaps the most important of these rights is the right to equal access to justice, the right to satisfaction, the guarantee of non-repetition, and the right to access relevant information related to violations and reparation mechanisms. There are three ways through which a victim of a transnational crime can obtain compensation, which is either through national civil procedures, through a lawsuit filed before civil courts, or through national criminal procedures, where some countries allow a claim for compensation while filing a criminal lawsuit for a transnational crime. National Victims Compensation Funds also play an important role in compensating victims of transnational crimes. Countries that have not yet enacted laws guaranteeing victims of transnational crimes should move quickly in this direction due to the continuous increase in the number and diversity of transnational crimes.

The Outer Space Treaty of 1967 was based on several principles, the most important of which is the principle of using outer space for peaceful purposes only, This principle is intended to limit the use of outer space and other celestial bodies to peaceful purposes only without military purposes, However, the recent developments of military industries, the arms race and the ability to own Modern military technology and its adaptation to ensure superiority and control have made it very difficult to limit the use of outer space for peaceful purposes only, and this cannot be achieved unless by making great efforts by the international community and international organizations in order to ensure that outer space is not used militarily, as well as that the military use of outer space It leads to severe damages, the effects of which are negatively reflected on individuals, in addition to its impact on the environment and on living organisms as well.

The judiciary plays an important role in ensuring the principle of legality and defending public rights and freedoms. It exercises control in all its aspects, whether related to civil, penal or administrative aspects, and as is the case in the field of the discriminatory body’s oversight of the procedures of the Supreme National Authority for Accountability and Justice by including employees in its procedures, to prevent its arbitrariness in Exercising its authority granted by law, or when its procedures are tainted by a defect in the revealing administrative decision that undermines its legality or suitability for the violation for which the procedure was imposed Therefore, we find that the Law of the Supreme National Authority for Accountability and Justice No. (10) of 2008 was keen to allow the employee covered by the accountability and justice procedures to object to the decision of the Supreme National Authority for Accountability and Justice before the Discriminatory Commission, after meeting the conditions for objection and following the objection procedures stipulated in the said law Within a period of (30) from the date of being notified of the decision to include him, the covered employee shall enjoy, during the objection period, an ordinary leave and a full salary.

: It is agreed jurisprudence and jurisprudence that the principle of legality governs the work of the public authorities in the state, so that the actions that are issued by them are in accordance with that principle, and this principle requires the existence of a hierarchy of legal rules, starting from the lowest degree to the top of the pyramid, in a manner that necessitates the rule The minimum is to respect the rule higher than it, both from the objective and formal side, and this principle is applied within the authority itself, foremost of which is the executive authority, through the means and privileges it possesses, including its right to issue administrative decisions, which are illogical to be all In the same rank, rather they are in different ranks, and they are governed by a different gradation and arrangement that started from the lowest authority to the highest, in addition to the type of that decision that differs in its strength and highness according to its nature, form and the administrative authority that issued it, and we have dealt in this research with the idea of grading administrative decisions in Iraq According to the formal and objective criterion, and according to the authority that issued it, whether it is in the same rank or different from it in the ladder of the administrative function.

Delving in this topic is one of the most complicated problems for the parties to any armed conflict, whether international or national, since the process of making an armed organization abide by the provisions set forth in international humanitarian law agreements dealing with the characterization of armed groups as being regular or not is not an easy thing. This requires an analysis of such conditions in accordance with these provisions based on an objective vision unaffected by political orientations. If we want to apply this general standard to a specific category of armed groups, ISIS will stand out. Therefore, the main problem of this topic lies in showing the extent to which the conditions that fighters should meet to become legitimate ones as set forth in international humanitarian law agreements apply to the members of this organization. The nature of this topic makes it imperative to start the study with the legal characterization of the armed conflict between this organization and the armed forces of any country and identifying such conditions in light of the above-mentioned agreements before showing the actual legal characterization of the members of that organization, and whether such conditions apply or not to those fighters.

This research investigates the role of the features of the personal uniqueness of the labor law by explaining the legal provisions that regulate this, despite the tendency of the legislators and jurists to take the collective approach. By focusing on the specificity of the de facto nature of the labor law, we find that the Iraqi legislator has established a large discrepancy in the legal provisions between the different business sectors in which workers and employers work at the level of professions, or between the work carried out by each of the adult men, women, or juveniles. This matter is due to the working conditions, conditions of the workers, or the conditions of the employers, and this in turn is due to the fact that the labor law comes from the womb of suffering and thus embodied every joint of its work. By demonstrating the similarity and interdependence between the individualistic personal features of the legal provisions and the realistic nature of the Labor Law, it finally achieves the promotion of the principle of equality and flexibility in the Labor Law, to return wonderful results in increasing production, refining technical skills and eliminating unemployment while preserving the environment and social values.

Evidence are divided to in complete evidence and other complete، it depending on every argument in the evidence، if the evidence was enough to resolve the conflict it can be considered complete evidence، but if it was unable to resolve the court with the argument it consider in complete evidence. And it is the subject of our research. The court has positive and estimate power in depending in complete evidence power and appreciation her argument in the conflict، and from in complete Evidence that we discussed in our research is the unsubscribe paper. The principle of writing confirmation، in complete evidence judicial evidence.

Copies is considered in the science of inheritance within the jurisprudence of transactions when some of the heirs die before dividing The inheritance is that one or more of the heirs of the first deceased, one or more, dies before dividing the estate, and this process has been called in inheritance by copying, because the death of the heir before the division abrogates or invalidates the work with a corrector The first issue, just as the act of copying involves the transfer of money from one heir to another, so the issue of copying is that a person dies, then some of his heirs die before dividing the estate, so the money is divided among the heirs of each deceased in sequence, and the order starts with the first deceased who leaves four heirs, and one of them dies and does not leave The second deceased has heirs other than the remaining heirs of the first deceased, or he leaves heirs on his behalf other than the heirs of the first deceased. In this case, it is necessary to extract the issue that combines the two issues.

The draft social security law in Iraq is an important step towards expanding the scope of social security for workers in the private sector and providing effective guaranteed protection for large groups of individuals within the framework of efforts to establish a comprehensive social protection system in Iraq. This law seeks to secure the health, safety, and future of living for all members of the working class in the country. The methods of the Social Security Law are divided into several branches: the health insurance branch, the work injury insurance branch, the retirement insurance branch, and the services guarantee branch.
The research deals with the minimum standards for social security that were specified in an agreement, which is the text of the Minimum Standards for Social Security Agreement No. 102 of 1952. It also aims to identify the latest developments on these standards and the extent of their application in Iraq and legislative practices under the applicable law and the proposed draft law, as a Framework for ways to strengthen social security and assistance systems.

The daughter and the sister are the ones who have the duties in the inheritance، and the obligors in inheritance have an estimated share in the book of Allah (Holy Quran)، the sunnah of his messenger، or the consensus. This is what the Islamic Sharia brought and adopted by most of the man-made laws in Islamic countries. But the Iraqi legislator، in Article (91/2) of the Personal Status Law in force for the girl، gave her what was left of the estate after the share of the husband and parents. In Article (89/4) with regard to the sister، it considered her as a full-brother by withholding. These texts have flaws that need to be amended، and it is better for the legislature to take note of them in the draft amendment to the new Personal Status Law.

governmental organizations, in order to ensure that the administration does not abuse this right, and in Iraq the legislator took another approach when legislating Law of Non-Governmental Organizations No. 12 of 2010 did not give broad powers to the administration to regulate the work of non-governmental organizations, and the methods that the administration can intervene in to organize the work of these organizations do not rise to the required level that guarantees the administration powers and organizational methods for the work of non-governmental organizations.

When medicine advances and offers humanity new horizons of health, the law must respond. The contemporary legal approach seeks to adapt the law in accordance with contemporary technological developments, since the relationship between law and medicine is a close relationship. This calls for shedding light on the issue of legal liability for damages resulting from the use of medical technology, by defining the risks of the medical technician and studying the party that bears responsibility, such as the producer, promoter, and user of this technology, with an indication of the legal nature of this responsibility and its provisions by addressing the reasons for mitigation and general and specific exemptions for this. Technology.

: The research aims to explain the responsibilities of the auditor in the event that he does not perform his duty efficiently. And in the event of negligence or negligence by the auditor, it will result in civil liability, and the research has reached a set of conclusions, the most important of which is that the auditor is responsible towards third parties or shareholders, a tort liability based on the error committed by him in carrying out his professional work, and in the end the broadcast came out with a set of Recommendations, the most important of which is that the Iraqi legislator refers to compensation for moral damage as well, such as material damage in contractual liability due to the large number of practical applications in this regard in many contracts, including the contract concluded between the auditor and the company.

It should not come as much of a surprise that the constitutional judiciary is regarded as one of the most important branches of the judicial system in most nations. This is because the constitutional judiciary is tasked with ensuring that laws passed by the legislative branch are in accordance with the nation's constitutional framework, in addition to playing a significant part in the interpretation of legal principles. Ensuring the full legality of actions taken by national authorities, including those relating to the legality of procedures to be followed by the legislature, states place the utmost importance on their judicial systems. This is because deviating from the legal rules that regulate these systems can be viewed as a violation of the principle of legality. In light of this, states accord the highest priority to their judicial systems. Then it is up to the constitutional judiciary to take on that responsibility and direct that authority back into the path of righteousness by rendering a judgment or making a conclusion regarding the illegality of the legitimacy of those processes, which will undoubtedly lead to the illegality of the conduct that was carried out by them.

The contract as a legal act is one of the most important means of civil interaction between persons, including the exchange of obligations, it is a legal system, and for this interaction it must be controlled by controls and preserve its social function, and that the draft Iraqi Civil Code adopted the invalidity of the contract contrary to public order and morals, " Article 130 paragraph 1 of the Iraqi Civil Code states (the place of obligation must be not legally prohibited and not contrary to public order or morals, otherwise the contract was invalid)", " as Article 132 paragraph 1 of the Iraqi Civil Code states (the contract invalid if the contractor commits for no reason or for a reason prohibited by law and contrary to public order or morals)", And that the Roman rule violates the logic of invalidity and even violates its effect, so how to talk about contracts, which, according to the origin, " violate public order and morality and are characterized by illegality ", as it makes no sense to raise in our courts the issue of reinstatement of contracts concluded for the purpose of immoral practices such as vice or gambling, as they do not conform to the trends of most Islamic legislation in Arab countries, which take Islamic texts as a source of legislation , and if a judge faces such contracts, it is not forbidden to request restitution, but when ruling on it, it is not in favor of the parties to the contract that is contrary to public order and morality, but restitution is in favor of the state , We consider it necessary to stipulate this provision in the Iraqi Civil Code and the laws in question in the texts dealing with the invalidity of a contract that violates public order and morals.

The goal of this article is to cover many aspects of e-commerce, such as most important characteristics of e-commerce, e-commerce components, e-commerce legal regulation features, and how electronic (online) arbitration can contribute to the resolution of e-commerce disputes. Electronic commerce can benefit the economies of all countries. In the short term, developed countries are likely to benefit the most, but developing countries will benefit more in the long run. More international trades will occur as a result of e-commerce. Knowledge will spread to countries that are open to high-income economies\' imports. Furthermore, people believe that electronic commerce will both create and destroy jobs.