AL- Mouhaqiq Al-Hilly Journal for legal and political science

of social justice by stipulating them explicitly, as a constitutional principle that the public authorities must ensure their application in their actions or goal that the authorities are required to ensure as much as possible, and also the constitutions included social justice implicitly, as the legislator does not provide for social justice directly, but this can be deduced through the spirit of the text of the constitution as well as through its guarantee of rights at the heart of the constitution and the judiciary has the constitution A role in deriving the constitutional protection of social justice by exercising its role in interpreting texts and monitoring the constitutionality of laws, so we will present in this research the guarantees of constitutions in comparative countries for social justice.

After granting a person the status of a political refugee and recognition of his legal personality by the state of refuge, a number of rights are arranged for him, some of which are general rights that he shares with all individuals, and which are stipulated in most constitutional legislation, including special rights, as the legislation varied in stipulating them, as they are related to the status of a refugee Despite the development in the rights granted to the political refugee, the Political Refugee Law No. 51 of 1971 did not indicate its position on it in solidarity with the provisions of the Constitution of the Republic of Iraq for the year 2005, which we will try to explain in this research.

The Iraqi constitution issued in 2005 adopted the principle of separation of powers, and relied on the parliamentary system as a basis for governance, and this system has characteristics, including the duality of the executive authority represented by the President of the Republic and the Prime Minister, who is responsible for his ministry before Parliament, in addition to the need for cooperation and balance between the authorities , In order to reduce tyranny and prevent the domination of any authority over another, as well as protect rights and freedoms, and there is no balance that cannot be achieved by merely pronouncing it, but rather it must be organized by special legislation, and that the constitution has favored the legislative authority over the executive authority

Aims to study a topic ( port obligations) in determining the type of liabilities which he is obligated to implement . Since this person is no longer a party n the contract of carriage of goods by sea . But the agreement Rotterdam she gave him the right in the execution of the maritime transport contract , on behalf if the original party to the contract, which is the contracting carrier . And that these obligations vary according to the stage in which you are , some of these obligations are at the port of shipment related to receiving the goods from the shipper for te purpose of shipping them on board the ship prepared for that . There are obligations of the sea port during the sea voyage related to the preservation of the goods and transporting it to the specified place , and there are other obligations that the seaport is bound by , and they are in the port of arrival it is determined by unloading the goods and delivering them to the owner of the right to them .

Minorities are an important component of the integrated international fabric of the international community as a whole, if almost no State in the world is without minorities. They constitute the harmonious balance in the territory of a single State that reflects its culture, knowledge and historical relevance. Most of the tools of industrial intelligence fall into the hands of for-profit companies or power-hungry Governments. Digital systems often lack the values and ethics to leave decision-making to the people themselves, which negatively affects minorities.
This has led many organizations, including the United Nations, to advocate positive use of AI techniques aimed at strengthening the protection of human rights in general and minority rights in particular. If these calls resonate, artificial intelligence technologies will help save lives, alleviate suffering and persecute minorities, as it is necessary to ensure that the digital revolution serves the interests of the people, not the other way around.
We must ensure that every operation run by an artificial intelligence machine or system corresponds to our basic principles such as transparency, fairness, accountability, supervision, and reparation. We can even use artificial intelligence to anticipate possible human rights violations in general and violations of minority rights in particular, paving the way for preemptive prevention and early response. Skill requires the competent authorities to make use of the potential of artificial intelligence technologies and not to reject them at all so that they do not become safe havens for human rights violations as long as they are recognized as dangerous; Achieving a constructive logical balance between artificial intelligence and the protection of human rights requires further efforts by Governments and companies to take concrete measures to ensure respect for human rights, given the increasingly powerful role of artificial intelligence technology.
It has also become necessary to formulate a new human rights covenant with international terms of reference that will address the serious challenges to which human rights are likely to be exposed in the near future, rather than attempts to adapt the texts of the Universal Declaration of Human Rights, the International Covenant on Human Rights or others, or at least to appreciate the harmonization of existing texts to become more harmonized.

The right of the accused to hire a lawyer to defend him before the criminal courts was satisfied with the attention of the international community. This was evident in international documents, human rights declarations and in public and private conventions and international conferences. States and Islamic countries have sought to include this right in their constitutions and penal and procedural laws to provide protection for the accused to defend himself because the right defense sacred and at all stages of criminal advocacy (Inference, preliminary investigation and trial) With the apparent disparity in the procedures of the criminal courts towards the right of the accused to defend himself through a lawyer chosen by him or delegated by the court in the event that he is unable to entrust him. Islamic countries have recognized this right in their constitutions and laws. Therefore, the criminal judiciary must enable the accused of this right, and if the accused is deprived of it, the criminal court's actions and decisions against the accused in the absence of his lawyer and not enabling him from this right are considered null and void, and this invalidity has a result in the criminal case, its procedures and decisions issued in it and contrary to the constitutional and legal.

Concealing evidence of the crime from the competent authorities while carrying out their investigation indicates that there is a crime arranged in secret. Concealing evidence confuses progress of any investigation, whether high profile or low-profile, especially if it relates to the ongoing investigations. Concealment of evidence before detecting the crime and before conducting investigations by authorities aims to destroy of the crime or remove its traces and all that leads to identify perpetrators. The crime of concealing evidence results in serious criminal effects that would hinder and paralyze the entire work of the judicial system in detecting the crime or identifying the perpetrators.
This prompted the Iraqi legislator and comparative legislation to criminalize the act of concealment of evidence in Article (248) of the Iraqi Penal Code, as amended; Article (434-4) of the French Penal Code; Article (145) of the Egyptian Penal Code; and Article (43) of the Algerian Code of Criminal Procedure, in order to preserve evidence of the crime and to ensure course of justice.
The object of assault in a crime is material evidence, whether it is evidence for the prosecution or for the defense, direct or indirect evidence, or electronic evidence. This does not include moral evidence of the crime, since the act of concealment falls on material and not intangible things. In order for the crime to be realized, the moral element that is represented by the general intent should be present, and this requires that the offender be aware of the nature of the act of concealment, its illegality, and its danger to the criminal evidence, and that the criminal will is directed towards that. In addition to the special intent, which is to mislead the judiciary.
The Iraqi legislator has punished the offender with imprisonment and a fine, or one of them. It is, however, more appropriate for the legislator to distinguish in the punishment between those who conceal evidence in a felony crime and those who hide it in misdemeanors or violations crime. The effect on the course of justice is more serious in the felony than in the misdemeanor or contravention. It is to be noted that no one has been criminalized in Article (248) of the Penal Code for concealing criminal evidence resulting from negligence or failure to take the necessary precautions to preserve the evidence, which leads to affecting the course of justice.

Given the importance of the role played by the notary public in the maintenance Rights, and the organization of legal relations of individuals has been concerned The Iraqi legislator regulates this profession by issuing Law No. (33) for the year (1998), which includes the definition of the notary public, his terms of reference, duties, conditions for his appointment, etc... It also allows jurists, within certain conditions, to practice the profession of notary public. And since the notary public, during the exercise of his job duties and duties, may commit professional errors that lead to harm to others, therefore, this study seeks to define the concept of the notary public, and to indicate the conditions that must be met for the appointment of the notary public in order for him to be able to carry out the tasks entrusted to him fully through Not to appoint a person who does not meet the conditions, as this study came out with several results and recommendations, the most important of which is that the notary public is committed to exercising his legal duties and not violating them. The Iraqi legislation and the Egyptian legislation did not define the notary public, while the French legislation did. And that the French legislator regulated the conditions for appointment to practice the profession of notary public in a precise organization, so that it allowed the candidate to first familiarize himself with the theoretical legal rules, through the aforementioned scientific training centers, and then applied them practically so that the candidate had mastered them theoretically and practically, as well as his emphasis on the experience gained in practice or the scientific aspect when he was exempted Some of the owners of practical experience from some conditions, and this shows the importance of the profession to the French legislator being pouring In the stability of civil information between the parties, and that this organization achieves important results, such as choosing the best elements and competencies that are familiar with the profession’s needs in terms of legal knowledge, control of phrases, good perception, behavior and intelligence.the fluency and eloquence of the tongue, and standing on the extent of bearing responsibility and the candidate’s readiness to occupy the profession and interaction with external influences and work under great psychological pressure, and cooperation with colleagues and the public and decency in dealing, as you do not discover these things through the academic certificate, which the candidate may obtain by memorizing Just . And that the Iraqi law of notaries required a course for the notary public to be appointed at the Judicial Institute of not less than three months, so we see that this course is not sufficient to assume the position of notary public, as the period of three months is not sufficient, but the notary public needs a longer period so that it is sufficient to prepare him to be of good character. Experience and knowledge in all the different laws, so that he can do his job in the best way. Theoretical and practical training has an important benefit in promoting the legal, professional and personal side of the notary public: so that he is fully prepared, psychologically and intellectually, to enter this field, all of which saves the notary a lot One of the mistakes at the beginning of his career path, as the notary public job is a sensitive job, and of great importance

The practice of any commercial business must meet specific conditions for the one who performs this work, and the legislation is responsible for setting the conditions specified in the laws and instructions to control any specific commercial activity, and the advertising activity is one of the commercial activities that the Iraqi legislator and comparative legislation set conditions and procedures that must be Follow them to practice this commercial profession, and also to legalize commercial advertising agencies, whether the person is natural or legal alike, and these conditions vary in terms of the nationality of the person requesting the license, as well as the specific age, academic and practical qualifications, financial ability, commercial reputation, type of company and other conditions Which, if available, becomes obligatory for the competent authority, after verifying the application and the accompanying data, to issue him a permit and license to practice the work of advertising agencies. Therefore, it was necessary for us to clarify those conditions and procedures, through a statement of licensing requirements in Iraqi legislation and comparative legislation .

Advertising agencies are one of the main parties in advertising, as they play an important role in the field of advertising activity, and a large number of establishments and individuals specialized in advertising fields work in their field. Each of them plays a different role that complements the roles of the others. The advertising agency analyzes the legal position of the advertiser compared to that. The position occupied by the competing companies, and this leads to discovering the advertising problems of the advertiser, and the role of the advertising agency here is to solve these problems, by designing and developing advertising campaigns for the advertiser, choosing the advertising means and placing the advertisement in them, so the advertiser often resorts to a professional advertising agency, in order to Ensures that the advertising message reaches the audience, and the role of the advertising agency is to strive towards achieving this goal, whether by relying on one or several advertising tools And in view of this important role of advertising agencies, which requires with it the need to define commercial advertising agencies, and define their rights and obligations, all through a statement of the legal status of advertising.

The importance of negotiation in administrative contracts is highlighted in terms of its goal of reaching the best legal and realistic conditions in order to achieve the public benefit and preserve the state's finances at the same time. This leads us to say that the negotiation phase is no longer just material work based on the freedom of contract, it is certainly a voluntary and consensual process, but it has its own legal system which affects what may be contracted in the future by imposing certain restrictions on the parties to negotiate to avoid what may result of the problem from the future contract. These restrictions are due to the observance of the rules of public order and the principle of good faith. The French legislator, as well as the Egyptian legislator, have regulated the negotiation of administrative contracts by adopting certain methods that show the freedom of the administration to choose the contractor under certain conditions. The Iraqi legislature expressly stipulated that administrative contracts should be negotiated only in article 6/5(b) of the instructions for the implementation and follow-up of the projects and work of the 1988 national development plans, as well as in Section (5) of Coalition Authority Order No. (87) of 2004. Therefore, the importance and problematic of the subject is reflected in the case of Iraqi law by emphasizing the need to organize negotiations in explicit terms, as this involves better the public interest and the preservation of state funds.

A special purpose company is a company of a special nature that is established for a specific purpose, which is the issuance of financing instruments. This company is distinguished from other types of companies in that its capital is not specified and it benefits from tax incentives. A company with a special offer issues financing sukuk on the basis of an agency contract between it and the beneficiary, and they are issued in the form of documents of equal value that represent common shares in the ownership of objects, benefits, services or assets of a particular project or investment activity, after collecting the value of the sukuk and closing the subscription door. And using them for what they were issued for. Where the special purpose company manages the sukuk on behalf of the investors in terms of collecting the proceeds, determining the profit and distributing it. In order for the company to play its role, it was necessary to confer a legal personality, which conferred upon it the powers of managing and administering the sukuk. Likewise, the importance of the company lies in protecting the rights of investors or holders of sukuk from the issuer of sukuk, especially if the issuer is a company, a bank or a financial institution. It represents a guarantee for the investors and their rights.

This study will be divided into two sections, the first section of which is devoted to the study of the sports contract through four demands, the first requirement deals with the definition of the sports contract and its legal nature, the second requirement deals with the characteristics of the sports contract, and the third requirement sheds light on the most important forms of sports contracts, while the fourth requirement deals with research Legal conditioning of the sports contract.
The second topic is devoted to the study of liability resulting from the sports contract through three demands. The first requirement deals with the statement of the field of contractual liability, the second requirement deals with the pillars of contractual responsibility, and the third requirement deals with the rules related to amending the provisions of contractual liability.

The Crime of IP Spoofing is one of the serious crimes committed through the computer network, which is recognized as “A set of protocols operating according to the rules and foundations of search technology that allow electronic devices connected to the Internet to deal with each other through the transfer and exchange of information”. The Internet Protocol (IP) consists of four parts, and each part is separated from another part by a punctuation mark (.), knowing that the lowest numerical value that can be written in one part is (0) and the highest numerical value that can be written in any part is (255) to form these four parts. The IP address is shown in this figure:

255.197.16.0

The Internet Protocol (IP) performs a set of functions, the most important of which is the addressing of electronic devices connected to the Internet by giving an electronic address for each electronic device. This address consists of four parts as shown in the figure above, knowing that this address is not repeated with any other device connected to the Internet, meaning that it is like a mobile number that only one person has, and here appears the importance of the Internet Protocol (IP) function for judicial authorities, because the electronic address given to each electronic device connected to the Internet is like the electronic identity of the device, through which the judicial authorities can identify or distinguished the device used in committing the crime on the Internet, and then determine the owner of the device, note that it is not necessarily that the owner of the electronic device is the same who used it in committing the crime, and this is called the crime of spoofing the Internet Protocol (IP) address, where spoofing is done in two ways, the first through the use of a fictitious address and the second through the use of an address belonging to others, and this is what will become clear to us through the folds of the search.

The Labor Law in force No. 37 of 2015 was not legislation at the level of social and legal aspirations. Rather, some of its texts contained multiple and different problems. These texts lack accuracy in wording and involve repetition, omission, ambiguity, and contradiction in provisions with each other, in addition to the contradiction of some of them. With provisions or principles in other laws, rather some provisions of the labor law in force are not consistent with the necessary integration between the country's legislation, and some of them lead to an improper regulation of the relationship between workers and employers.

Electronic violence against women is defined as a new type of violence that modern technology contributes to. It is one of the most dangerous types of violence against women, because of its negative effects, which are reflected on women in all respects, whether psychologically, health or socially . The electronically abused woman cannot reveal this for fear of exposure and reputation from the scandal, and most of the time the woman may succumb to that, and extortion occurs either with money or sexual harassment, or she is pressured and used in terrorist criminal acts . For this reason, the need has become necessary to enact a law to protect Iraqi women from violence in all its forms, including electronic violence .

The research deals with a very important matter, which is the appointment of the bankruptcy controller, on the basis that achieving the interest of the creditors by obtaining what they have from the rights they have before the bankrupt debtor requires that the bankruptcy trustee manage and implement them in good faith and impartiality, and since the task of monitoring and supervising the bankruptcy affairs is entrusted to the bankruptcy judge, the legislator required the appointment of a controller concerned with monitoring and supervising the work of its trustee, in order to achieve these goals, in addition to assisting the bankruptcy judge in his task , however, what is meant by the bankruptcy controller did not receive the attention of commercial legislation, including the Iraqi one, and the great role that the controller plays in the success of the bankruptcy work as required. Determine the optimal image of the bankruptcy controller.

This research deals with the position of the Iraqi legislator on the audit committees, where the practical reality indicates that the administrations resort to forming investigative committees for the purpose of standing up to the truth of a violation or a specific topic, and for this, our research came to shed light on the position of Iraqi legislation on this subject, and to determine the legal value of the results of the audit committees And the extent to which it is obligatory for the administration and the investigative committees that will be formed in the future, along with drawing up a road map that relates to addressing the legislative shortcomings in Iraq.

The guarantees on the movable are a type of mortgage on the movable that appeared as a result of the development of economic life and the emergence of the need for credit, and the creditor’s desire to check on his right by fulfilling it when the secured debt is due. To the extent that in-kind insurances are a guarantee, each guarantee cannot be considered an insurance because the guarantees are broader than insurances.

The registration of the guarantees received on the movable requires that it be before a competent authority entrusted with carrying out all procedures, and this means that the holder of the right to register when submitting the registration application to the authority specified by the law requires performing multiple tasks that fall on the shoulders of the competent authority in this regard, given that the submission of the application requires To be done in accordance with the model set by the competent authority or to any other body or body entrusted to it by the competent authority on its behalf to establish the register and based on the awareness of the legislation of the importance of the role of the competent authority, it has taken it upon itself to define its tasks, and it has gone further than that, as we find that the legislation has organized In addition to the duties and obligations entrusted to it.