AL-ANBAR University Journal of Law and Political Sciences

The DNA fingerprint is the hereditary genetic makeup that is private and separate for each individual, which indicates the identity of a particular individual. From a clinical point of view, it is highly accurate with a very small percentage of errors and a means that almost does not make mistakes in confirming lineage and making sure of the person. Relying on the genetic study of the person through medical laboratory analyzes of the genetic study carried out by a specialized medical staff, starting from the withdrawal of medical samples from the targeted persons, and what increases the sobriety of the DNA examinations is their reliance on accredited laboratories under government supervision of high accuracy and control, due to the sensitivity of these medical examinations And its social impact, which is closely linked with Islamic jurists and has a great influence in legal decision-making in Iraqi, Arab and international courts.

The research boils down to the possibility of causing termination when the debtor is late in performing his contractual obligation on the specified date. Delay is only a form of contractual breach that is achieved when the debtor performs his obligation outside its time, and rescission represents one of the dangerous penalties, as it leads to the demise of the contractual bond and its promise as if it was not from the ground up as some countries take the subject of comparison with the retroactive effect of termination, so they erase the effects of the contract, and this matter may contradict the Type of the contractual breach represented by the delay, because the debtor has fully fulfilled his obligation, but it is a performance that exceeds the time specified for him, and therefore the effect of termination when the debtor is late for Performance requires the availability of several conditions that cannot be rescinded by their failure, and it also arranges effects that differ according to the legislation that was adopted as a basis for comparison.

The administrative judiciary is the sanctuary that individuals resort to in order to evaluate the activity of the administrative authorities and their procedures issued by them, through the oversight exercised by this judiciary over their decisions and their implementation. causing damage to individuals, and as a result, it bears the responsibility to make up for these damages, And that is through the aggrieved party asking the administration to compensate him for the damage he suffered, by way of a compensation suit that is filed before the administrative judiciary. Legitimate or illegitimate, it is a manifestation of the rule of subjecting the administration to judicial oversight and a guarantee of the application of the principle of legality and the protection of the legal system of rights and freedoms.

There is no society without governing legal rules that regulate social life in all its details, including the conflicting financial relations between its members. However, those rules may not bear fruit by restoring rights to their people except after effort, time, and lengthy procedures in the corridors of the civil courts, and perhaps criminal ones at times. Then, after ruling in favor of the owner of the money in one of the named contracts or any of the netting contracts or one of the commercial transactions, the judiciary will rule to pay the financial right in comfortable installments according to the debtor’s financial capacity, through the enforcement departments that many specialists call the “debt graveyard”, Which causes him great harm and converts the amount subject of the lawsuit into daily expenses, which may prompt the creditor to resort to behaviors that are considered legitimate and unproblematic. However, in the view of the legislator, they are illegal behaviors that may be classified among the crimes related to money, such as theft, embezzlement, usurpation of funds, fraud, and the like.

Electronic election is considered to be as a modern way to express opinion. This can be seen especially in the political participation in parliamentary and presidential elections. Despite the advantages of electronic voting, there are some drawbacks and risks. Countries whose institutions have not reached yet the minimum acceptable level of automation, there are several obstacles to application of electronic voting, and this can lead to weaken its chance to success at the very least. This study discusses the extent to which electronic voting sytems adhere to the standards of integrity of the general elections.

This era is dominated by globalization that turned the world into a small village, where personal data of other people are easily accessible although they might be thousands of kilometers away due to the World Wide Web. Thanks to the internet, bulky personal data are effortlessly stored regardless to various political boundaries between various nations. Thus, personal data are considered nation-wide or international nature. Due to the economic significance of personal data in globalization age, there are growing concerns of being controlled by other parties without the consent of their owner. This prompted nations to tackle the protection of pan-national personal data through developing international agreements and principals rather than leaving relations arising from, or related to the protection of personal data to jurisdiction of domestic laws determined by the principles of legal discrepancies. This study addresses legal procedures described in international agreements and guidelines related to the protection of cross-national personal data, such as the OECD Guidelines (1980) related to the protection of privacy, and securing the transfer of personal data across the borders. The study came up with several conclusions, however, the most important one is that the international regulation of personal data protection may be the optimal way to protect such data, in addition to identifying the role of data controller and data processor, and identifying the rights of the owner of personal data.
Keywords: and erasure of personal data

The system of separate opinions is an English system of origin and applied in English courts. As for its appearance for the first time on the international scene, it was in the Hague Conference 1899 and 1907, and it is considered an essential guarantee for the freedom of expression granted to judges during the exercise of their functions by recognizing their right to append court decisions to their dissenting opinions, despite the importance of opinions. However, there is a lot of controversy among jurists about the pros and cons of this system and its usefulness, and the extent of its effectiveness in developing the rules of international law.
The system of separate opinions was mentioned in Article (57) of the Basic Law, as it stipulated that “if the judgment is not issued in whole or in part by unanimous judges, each judge has the right to issue an independent statement of his own opinion,” as stipulated in Article (95/2) From the court’s regulations that “every judge, if he wishes, may attach to the judgment a presentation of his individual opinion, whether it is contrary to the opinion of the majority or not, and the judge who wishes to record his approval or objection without stating the reasons may do so in the form of a declaration, and this rule applies to the orders of the court.”
And Article (107/3) of the Regulations in the section on Fatwa procedures stipulates that “every judge, if he wishes, may attach to the court’s fatwa a presentation of his individual opinion, whether it is contrary to the opinion of the majority or not, and the judge who wishes to record his approval or objection without stating the reasons may do so.” in the form of an advertisement.
The separate opinion, according to these articles, includes what is issued by the court in terms of judicial rulings, fatwas, or orders, and it is also optional and not binding, and it has importance in developing the rules of international law by establishing and confirming previous legal rules, revealing them, objecting to them, violating them, developing them, or forming a rule New .

The punitive legislation aims to provide sufficient protection for the rights and freedoms that the legislator deemed worthy of protection, and necessary to maintain the security and stability of society. The legislator begins to set the criteria necessary to define those interests, that is, the legislator gives great importance to formal crimes, as is the case for crimes with a harmful result. Threat and initiation.

Hate is not a modern scourge, but its roots extend back to the past. However, with the turning of the wheel of time, hate speech found a wide range of influence on different sectors of individuals who form different races, colors and religions.
Hate speech often aims to detract from the values and entity of others, and in order to show the extent of the danger that these speeches carry, it is necessary to explain how the legal rules for these speeches are dealt with. The rules of international law have dealt with what is meant by hate speech. With the development taking place in the means of communication and the technological revolution that is sweeping the world, this revolution contributed to the discourse reaching its addressees at a speed that may exceed much the traditional means used in transmitting news.

The system of responsibility comes as an indispensable tool and mechanism for the restoration of rights and redress for those whose rights have been violated, including the guarantees it provides against arbitrariness, and the transformation from theoretical rules to legal obligation, as international responsibility is linked to cases of breach of obligations imposed by the rules of international law on its subjects, whether those related to general rules or those related to the rules of international human rights law, and this is the essence of our study of international responsibility for human rights violations.
The functional position of international responsibility for human rights violations has evolved through international jurisprudence and the judiciary, which was reflected in international dealing, until it reached what it is today, so responsibility does not arise from breaching the obligations imposed by international law, but rather from acts that are not attended by international law, i.e. mere damage, and therefore we will clarify the extent to which the state bears responsibility for serious violations of human rights, and the extent to which it bears criminal responsibility.

The right to withdraw from the electronic administrative contract is a legal means and one of the rights organized by the legislator for the contractor and allowed him through this to reconsider the terms of the contract before concluding it. And that the principle of renunciation of the contract is an exception to the principle of the binding force of the contract, which is specific to electronic administrative contracts only, and the reason for approving this right is due to the fact that the contracting party with the administration is considered the weak party in the contract and has little experience and knowledge compared to the experience of the administration in addition to the absence of any It protects its interests in the general theory of the contract, so the laws came to protect it by defining this right, and for the purposes of the research, we have studied this topic through two main sections

The tripartite summit is one of the most important external arrangements that Iraq joined in June 2021, hence the importance of the study stems from an attempt to explain the role of Iraq in promoting the tripartite summit and applying its outputs on the ground, and the future implications of this role. Higher and achieve the goals set by the summit due to the presence of ingredients that rise to the level of these goals, and the possibility of retreat, which depends on the presence of a number of internal and external obstacles.

The definition of international oversight of elections, the establishment of international oversight of elections, the statement of its importance and objectives, and how it contributes to the success of the electoral process. Gain confidence in the success of the electoral process, as well as the extent to which international monitoring of the elections contributes to preserving the freedom and credibility of the elections, and at the same time helps the international recognition of the electoral processes. And then the systems of government that resulted from those elections, and oversight is the role played by international organizations, especially the United Nations and its international missions. International oversight constituted an important process for strengthening democracy in countries, because of its ability to be transparent and to enhance the practical practices of democracy, especially in countries that need to international oversight, because it is one of the important means.

The legal empowerment of women is the empowerment of women legally, in the sense that they have knowledge of the rights that are mentioned in the legal texts that protect their rights, whether at the domestic or international level, and this is achieved by focusing on some basic points, including the enactment of laws in order to include women’s rights in Its framework, in the absence of provisions that it was necessary to legislate, as well as amending the legislation in force to be more protective of women’s rights, and to educate women about their legal rights that are mentioned in international and domestic texts that protect and preserve the role of women, and implement international conventions that support and preserve Women's rights, and this is achieved by amending legislation that does not agree with those agreements with regard to women's rights and lifting reservations to those agreements to achieve the necessary protection for their rights.

The private higher education sector is one of the most important sectors that provide job opportunities for holders of higher degrees, graduates, and human energies at different levels of education, which helps in reducing unemployment. Retirement Fund for teachers and workers in universities, colleges and private institutes No. (2) for the year 2022 issued by Cabinet Resolution No. 152 for the year 2022 Based on the provisions of Clause (Third) of Article (80) of the Constitution and Article (45) of the Private Higher Education Law No. (25) of 2016, where this system is considered a guarantee for this important segment of society, especially since social security represents one of the human rights, In view of the legislative deficiencies in the system and Article (45) of the Private Higher Education Law No. (25) of 2016, we proposed amending them to address the legislative defects that afflicted them

The legislative insufficiency is the unsuitability of legislation with reality to change the prevailing legal idea which leads Which leads to infringing on the rights and freedoms of individuals, so the legislator resorts to amending or cancellation or the establishment of specialized bodies to guarantee them, including the establishment of the administrative judiciary in Iraq according to the State Consultative Council Law No. 65 of 1979. In order to enhance the independence of the Council and change its name, the State Council Law No. 71 of 2017 is enacted. Although the State Council has become an independent body, it still suffers from the legislative insufficiency, as the law did not grant the administrative judiciary the general jurisdiction to adjudicate administrative disputes, as well as not observe the specificity of the administrative cases from the procedural aspects. Therefore, this article dealt with the aspects of legislative shortcomings in the Iraqi State Council Law No. 71 of 2017 to be a guide for the Iraqi legislator to address the insufficiency and take into account the privacy of administrative disputes and their role in ensuring the public interest on the one hand and rights and freedoms on the other.

Due to the importance of the issue of lineage and the need to prove its validity due to its connection to issues affecting the entity of the Islamic family in particular and the social formation in general, Islamic law has set out to set rules to prove the lineage correctly and to ward off suspicions about the families to whom the lineage of their children is challenged, as the Islamic street appreciates the seriousness of this act And its negative impact on society because of the consequences related to inheritance, alimony, the sanctity of marriage, the problems of divorce, and other matters related to proving or denying parentage.
The Islamic religion came with ways of legally proving lineage through a verse that approved strife between the spouses in the case of alleging marital adultery when there were no witnesses to prove this case.
As a result of the development taking place in public life from a technical point of view, modern methods of proof came, including what is called the genetic fingerprint, through which the biological description of the genetic map indicating the ratio of a person to his father is proven, but this method entered the scope of legal forms through supporters and opponents of jurists Islamic law, but part of them were evidence, proofs, and arguments that created a kind of legal form to take this method as a way to prove lineage.
As a result of this jurisprudential problem, we will address in this research the concept of li’aan and its effects and the concept of genetic imprinting with a statement of the Islamic jurisprudential position towards this method of proof in a very important issue of human personal status issues

Digital drugs are among the most dangerous international crimes that have spread recently in conjunction with the scientific progress in the field of information technology and software and the use of pulses, broadcasts and frequencies that are considered a means of integration, production, promotion and trafficking in digital drugs in light of the weakness of international agreements and internal legislation that deals with the issue of defining them and identifying their forms and patterns and how Identifying the perpetrators and holding them accountable legally and legally, and reviewing the international agreements concerned with the issue of the peaceful use of outer space in a way that contributes to tightening control over those frequencies and preventing their use as a tool for promoting or trafficking in digital drugs, and activating the role of states in order to prepare legislation that deals with the issue of digital drugs.

That the development of information technology has had a clear impact on the issue of the emergence of electronic currencies, which have spread widely, especially electronic money and virtual currency, but has not yet received from the legislative side what is appropriate for it in terms of regulation, and the jurisprudence when it deals with research, it He deals with it modestly, as studies on digital currencies still need more research, scrutiny and scrutiny, and extensive investigation, and therefore this research came in an attempt to clarify its concept, as well as shed light on its legal adaptation, and given the absence of explicit or even implicit legal texts defining liability People who deal in digital currencies adequately and effectively, the need seems urgent to set special rules that protect dealers, and legalize them.

The state cannot reach the protection of the environment from pollution and other risks, except through the assistance of the environmental administrative control authorities, by granting them means either in the form of legal actions such as taking orders and decisions, or in the form of physical actions and this is embodied in the forced implementation that It is required by the urgent necessity to protect public order from any danger that threatens it.
This administrative control sometimes affects individual freedoms, so it is necessary to devote guarantees that would achieve a kind of balance between maintaining public order and achieving the public interest for reasons of environmental protection and individual freedoms, wich can only be achieved by imposing restrictions and controls on the administrative authorities during the exercising their powers.
We dealt with the subject in two sections, in the first we explain the legal provisions for environmental administrative control, showing the concept of environmental administrative control, its objectives and authorities. In the second, we dealt with guarantees of individual rights and freedoms in the face of the environmental administrative control authorities through adherence to the principle of legality and the establishment of administrative judicial oversight over it

The principle of the compensatory capacity in insurance is based on a basic rule, which is the necessity of commensurate compensation provided by the insurance company to the insured person, with the damage incurred by him, but this rule is not absolute; While there are types of insurance contracts that are fully compatible with it, there are other contracts that are subject to different rules that are not compatible with other insurance contracts, due to the different objectives of each of them from the other. We will try, through our brief research, to identify the legal challenges that marred the position of the Iraqi legislator in order to develop appropriate solutions to them

The subject of "attempted crimes with a consequence of abstention" is almost one of the most complex and controversial topics in criminal law, as comparative legislation, as well as jurisprudence and the judiciary, did not come out with one specific principle that governs the attempt of crimes of abstention with a result and is the subject of agreement and recognition. The importance of the research topic is evident in the fact that its scope is determined by one of several forms in which these crimes occur, namely the form of "attempted crimes of abstention with a consequence." Especially if we know that the criminal legislation, whether Iraqi or comparative, did not include a special text through which to settle the controversy raised by criminal jurisprudence regarding the possibility of achieving the attempt to commit crimes of abstinence with the result. Resorting to the general rules governing initiation did not resolve this controversy either. Therefore, it was necessary to study this subject by embracing the analytical approach based on the analysis of legal texts as well as the analysis of jurisprudential opinions and theories that were said in this regard, which necessitates the adoption of a comparative study method in dealing with the vocabulary of the research subject.

The collapse or undermining of the institutions of the Iraqi state after 2003 led to the birth of new institutions that were not limited to constitutional institutions, but extended to represent an incubating environment for the formation of Iraqi society. The constitution was written under the auspices of the American civil governor, Paul Bremer, as well as the elites that represented the components of Iraqi society that were absent from realizing the societal reality that Iraqi society lives in, which led to the emergence of challenges, the most prominent of which was terrorism and political and sectarian quotas, but Iraq with its components possesses a cultural and historical legacy that enables it to advance And democratic transformation, by empowering the spirit of citizenship and consolidating it among the members of the same society.

The Iraqi legislator, as an exception, permitted the litigants to adhere to testimony instead of writing in cases where the law requires writing if there is an agreement between them on that, and from here begins the research problem, as this exception did not include all forms of agreements on proof, such as agreement on a specific evidence other than testimony, such as writing without Signature and agreement on a certain authoritative evidence and other things that are imagined to occur in practical life, just as the legislator did not regulate the authoritativeness of this agreement and how to prove it, but rather left that to the general rules and the discretionary power of the judge.
The importance of the subject emerges from two aspects: - The first is the theoretical aspect, as the topic of the research sparked a debate among the jurists between supporters and opponents. The positions of the judiciary differed regarding the content of these agreements, and these agreements introduced new methods that were not stipulated by the law and are not known to the judiciary.
The second is the practical aspect. People often rely on trust and adherence to testimony as the basis for proof, influenced by religion and morals. The importance of agreements has also increased in the vogue of dealing on the Internet. These agreements have become guarantees specified by the framework agreements for the conclusion of future contracts. We have adopted the inductive and inductive research approach and the comparative approach as ways to address the problem. There is no way to solve the problem other than legislative intervention and organizing agreements in an explicit text, taking into account commercial legislation and consumer protection law.

The research included defining the elderly , defining their rights in international law, clarifying the problems of the elderly in terms of health , the emptiness that the elderly suffer from, and his financial problems that help him to fulfill his obligations , and reviewing the most important justifications that require their care in international law, and what are the most important international agreements that pertain to this category, and in conclusion, the reasons for the absence of a comprehensive international law to protect the dignity of the elderly.

In order to ensure adherence to respect for "international humanitarian law" and the application of its rules "during armed" conflicts, there must be institutional mechanisms to ensure that this is achieved. The Geneva Conventions of 1949 and their two annexed protocols of 1977, according to which it was granted a legal status that makes it the guardian of "the implementation of international humanitarian law".
However, "the International Committee of the Red Cross" faces many obstacles that hinder its work, which reflects negatively on its effectiveness in monitoring "the implementation of the rules of international humanitarian law". In order to solve this problem, it was necessary to shed light on the legal basis on which the committee relies in performing its work, and to indicate the most important tasks entrusted to it during armed conflicts, in order to identify the most important obstacles that it faces in terms of organizational and financial terms or in terms of the tasks it performs, and then propose appropriate solutions to deal with it.

The Iraqi judiciary is almost stable in accepting the notification of the person required to be notified of judicial papers, by any of the three means stipulated in Article (13) of the Iraqi Civil Procedure Law in force No. (83) of 1969, through judicial informants, postmen, or policemen As long as the notification by any of them achieves the desired legislative goal behind the requirement for the notification procedure, which is represented by the knowledge of the person to whom the notification was addressed, that there is a case before the court against him, What allows him to defend himself before justice, without considering - after that - his presence and the exercise of his right to defense or not, except that an unexpected surprise befell those concerned in this regard, when the civil body / transferred in the Iraqi Court of Cassation, decided by a decision dated in 4/7/2022, a trend that, although it is completely consistent with the literal text of Article (13) Civil Procedures, however, it contradicts the practical application that the Iraqi judiciary settled on until the date of the issuance of the decision in question, which looks at the three options in the notification procedure, according to It is optional and not hierarchical, as long as the notification through one of them achieves the goal intended by the legislator. With the certain knowledge of the person required to be notified of the existence of a lawsuit against him before the judiciary, so that he can exercise his constitutional right to defend his rights, and for the purpose of verifying the correctness of this approach of the Court of Cassation or not, through a neutral scientific view, this comment came.