Journal of Kufa legal and political science

Abstract : The Middle East region is one of the important regions in the world, for multiple considerations, including geographical location and natural resources. This region has suffered from wars and conflicts, and most of these wars have an external cause, interaction with historical factors, ethnic conflicts, and political projects. The world witnessed the interaction of technology with wars, and wars began to develop, and if the origin of war is: the meeting of two armies, or more, then with the development of technologies used in war, the armies became less in contact, meaning that direct confrontations decreased, costs rose, and the battlefields became open. It is not restricted to specific fronts. Among the generations of wars

Abstract : Control is not confined to a superficial relationship between the three authorities within the state; rather, it takes on a hierarchical form descending from the highest levels of authority to the lowest. As administration engages in public activities and has the closest interaction with individuals' lives, control over administrative corruption becomes crucial, particularly given the recent rise in related crimes. Authority belongs to the people collectively, and when they cannot convene to exercise it, they choose representatives to act on their behalf. Hence, the legislative council becomes the voice of the people expressing their desires, interests, and motivations. Positioned

Abstract : The relationship between political democratic systems and the principle of separation of powers lies in the fact that some countries have established their system on the basis of complete separation of powers, and this is the presidential system, while others have adopted the separation of powers with a degree of cooperation and balance between them, and this is the parliamentary system. While some countries adopted the system of merging powers in favor of the legislative body, and this is known as the parliamentary assembly government system or the council system, and accordingly we will study the parliamentary system and the presidential system in the first requirement and the system of government applied in Iraq in the second requirement.

Abstract : The importance of real estate transactions lies in their direct impact on aspects of economic and social life and in establishing the principle of stability of transactions, and to protect the rights of citizens, it is necessary to document these transactions according to a certain formality. Failure to adhere to them results in the invalidity of these transactions. These transactions may fulfill their formal aspect, but they may be tainted. An objective defect that prompts the affected party to resort to the judiciary to fix and correct these errors and legal violations after the registration has acquired its final form, or the competent authorities can correct these errors and legal violations before the registration acquires its

Abstract : The blessings of God Almighty upon His creation are innumerable. He granted humans, without God’s creation, choice and choice. Man has a constant need to conclude the actions through which he conducts life, without which it is impossible to complete his human path. This is achieved in his direct interaction in concluding numerous actions through which he fulfills His needs, this is the natural state of a person’s journey in life, and here he has the capacity to complete actions and establish obligations, and rights are imposed on him. However, this matter is not correct in all circumstances for all people, as there are those who are afflicted with a symptom that affects this

Abstract : Within the framework of the internal law of states, the victim’s consent cannot be considered an impediment to liability, with the exception of (personal right crimes), for which the legislator stipulates the victim’s consent in order for criminal liability to move against the perpetrator. As is the case in international law, the consent of the state that has been violated cannot be taken into account within the rules of international law if this violation violates a peremptory rule of international law, or if the violation exposes human rights and freedoms to danger. Other than that, the consent of the state that was violated Its rights will prevent the responsibility that the rules of international law

Abstract : The United States is the cradle of the specialized system and the specialized ideal for this system, and it participates in many countries of the world, especially in South America. The foundations of the specialized system are based on two basic pillars: a president of the republic elected by the people who combines the presidency of the state and the government. First, the approved system is only valid in countries. The republican system, as is the case every second time, is that the people are the ones who elect the President of the Republic by universal suffrage, whether straight or extraordinary, and he directly represents the nation as head of state.Finally, the President of the Presidency of the Republic assumes the

Abstract : The Constitution may entrust the exercise of the legislative function to a diverse number of bodies, and it is not easy to define them because the Constitution may not usually refer to them explicitly and clearly. The most common case is that the constitution specifies a single legislative body, or that the constitution entrusts several bodies that participate together in producing the law by imposing their approval of its drafting. Their approval is considered necessary for the enactment of laws, and their opposition to it prevents their issuance and publication. The justification for the existence of these participating bodies is fear. The superiority and control of the sole legislative body and the provision of laws consistent with the text of the Constitution.

Abstract : What Iran witnessed after World War II 1928 - 1945 AD against the backdrop of the occupation of its lands by the Allied forces had bad repercussions on the internal situation, which was afflicted by manifestations of chaos and turmoil, in addition to the collapse of the government of Reza Khan, which led to a similar collapse on the internal front in addition to that. The new Shah who succeeded his father did not have any good qualities, and his era witnessed more turmoil due to the political and economic crises that were ravaging Iran. On this basis, the foreign powers found a wide field in front of them to move with complete freedom as a result of the dissolution of the state apparatus and the poor state of

Abstract : Administrative court lawsuits must be based on special and distinct formalities in some aspects, which must be taken into account in ordinary disputes, especially in lawsuits in which the administration is a party, as they are subject to certain formal procedures. In order for these lawsuits to be accepted, several basic conditions must be met, and this is what Jurisprudence and administrative jurisprudence have confirmed this in both Iraq and the countries under comparison. The subject court must examine the availability of these conditions in the first session of the pleading. If it finds that one of them is not met, it must dismiss the case in form, and before considering its subject matter, because these conditions relate to public order and it is not permissible Contrary to it..

Abstract : The spread of the scourge of drug and psychotropic substance abuse threatens society with danger, as the state bears additional costs for its treatment and prevention. Due to the current technological development, a new type of drugs has emerged, which is digital drugs. This term seems at first glance to mean that there is drug trafficking via the Internet, but the truth is otherwise. Digital drugs mean broadcasting musical tones at different frequencies with the intention of affecting the brain, as their effect is similar to regular drugs in affecting the mind and senses. Their danger to society lies in their rapid spread among young people, and they urge them to use regular drugs. They are also characterized by their low price compared

Abstract Despite the existence of international charters that affirmed the right to self-determination of peoples, those charters were not sufficient to address that right, and did not fill the deficit that occurred regarding the establishment of the principle of popular sovereignty. Governments contributed to the deficit and misguidance in issuing charters that stipulate the right of popular sovereignty. "Third World", which led to Western countries not approving this principle to a sufficient extent that would allow countries the right to self-determination, especially Third World countries, which led to the presence of many clouds that obscure their true birth, and this resulted in those countries not being politically independent. And the economics of the external colonizer..

Abstract : Cyberbullying, one of the modern criminal behaviors that has spread across societies as a result of technological and technical development, Technology has always had both a positive side and a negative side. The positive side helps to overcome many difficulties. The second can be used by perpetrators to commit cybercrime, including cyberbullying or social media, in order to harass others and violate their privacy, Cyberbullying, prepared primarily by the Criminal Code, is a cybercrime committed through electronic media, so legal jurisprudence defines it as an offence committed by computer via Internet networks. This crime is swift and evolving in the use of its means of action. Physical

Abstract : The Arab countries, especially the Middle East, were and still are exposed to American penetrations at the political, strategic and cultural levels for the ongoing settlement process of the Arab-Israeli conflict. The United States is working to establish and strengthen its security structure that extends over the entire region in the Persian Gulf On the other hand, Israel has great ambitions in remote parts and areas of the Arab world, which plays an important and strategic role, so that Israel seeks to seize these areas, which may strengthen its position and its position and affect it positively to sit on the throne as the most powerful country with influence in the Middle East. Through this topic, we will shed light on what Israel has violated from

Abstract : Since a minor\'s marriage is a marriage contract of which one of the parties is a non-adult and, since it is customary in our societies that a minor\'s marriage means a marriage in which the wife is a minor, Since the marriage of minors is one of the manifestations that constitutes a catastrophe for society due to the negative effects of both the end of most of these marriages with children and mothers unable to raise them properly or the physical and psychological harm suffered by minors in such cases, In view of the widespread controversy in this matter and the fact that there are many differences in the provisions of the marriage of minors between the Islamic religion and the law adopted in Iraq, these differences must be identified and elaborated both on the terms of the minor\'s marriage

Abstract Effects of the commercial paper mortgage contract (insurance endorsement) This study dealt with the topic of (mortgage of commercial papers) as a comparative study between Iraqi law and Islamic law, during which it explained the concept of mortgage and commercial paper, reviewing the two concepts according to the famous Muslim jurists and the law. Then I delved into the world of history, turning its pages and writing down the concept of mortgage and commercial work that prevailed in that era, passing through the types of commercial papers, their characteristics, and the most important conditions that must be met in mortgaging a commercial paper in jurisprudence and law. I showed the similarities and differences between the commercial paper and the rest of the papers working in the commercial field, Then I delved into the main research issue of pledging

Abstract : The Iraqi legislator did not care about regulating real estate financing, and perhaps the reason behind this was the weakness of the real estate structure and the recession of its market, as a result of the political and economic fluctuations that Iraq experienced. Therefore, the real estate financing process in Iraq is subject to general rules, as the legislator regulated installment sales within the provisions of the sales contract, and the construction of buildings within the provisions of the contracting contract and other methods that I will discuss. There is no doubt

Abstract : It is considered one of the most important human goals to reach an international community free of wars and crises and based on solid foundations, the most important of which are peace among the countries of the world and respect for human rights. However, human history is full of wars, crises, ambitions, and crimes against humanity, which have reached the point of genocide of some people. Peoples, races, and other insignificant crimes against humanity. With the development of peoples, victorious countries in wars held international trials for the parties that emerged defeated, and then the principle of criminal responsibility for the individual appeared at the international level and developed throughout history,

Abstract : The private real estate franchise rights are in-kind guarantees that do not arise except by the text, and that the latter should be interpreted in the narrowest scope, as it is a right that cannot be measured, as the legislator decides for the creditor who has the priority right to collect in order to enhance confidence and encourage the growth of economic life, and private real estate franchise rights were and are not There is still a wide field for a number of problems, all of which revolve around the effectiveness of the legislative treatment of them and the effectiveness of the rules related to those rights as a means of enhancing credit, as this will be in the light of the Iraqi, Egyptian and

Abstract : The electoral systems and type of electoral districts in most political systems have a clear impact on the state in reaching a stage of national integration if they are properly managed. Therefore, it is necessary for the state to be aware and cautious when choosing electoral systems and for the electoral districts to cover the geographical area of the state. The second is that they should be representative of citizens in terms of ideological connections, beliefs, and party affiliations. Therefore, if they are properly managed, these departments work as one of the tools for effective management of the diversity that exists in the country, the goal of which is to reach popular satisfaction and then reach a good stage of national integration.

Abstract : The role of Controlled delivery in combating drugs and psychotropic substances, a comparative study between Iranian and Iraqi laws and international law. delivering controlled is considered one of the methods or approaches concerned ith detecting drugs and psychotropic substances. It was first announced in the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which was established in 1988 in 11 article of that convention, where it was defined as a new method of detecting drugs and psychotropic substances and identifying their

Abstract The Legality of Therapeutic and Research Cloning cloning processes The effects of the term cloning and the media health that accompanied and thus the issuance of rulings contrary to reality are the starting point of some scholars and researchers without ethical restrictions or human controls that take into account in his experiences sweeping in their way all the protected interests that the law wanted to protect and preserve from any aggression against them, and given the importance of this subject and encompassing it in all its legislative aspects We divided our research into two requirements. In the first, we dealt with the concept of cloning, indicating its types and distinguishing it from other similar scientific methods. We devoted

Abstract : Today, e-commerce has become one of the most important economic sectors in the world, witnessing amazing growth annually, and the number and value of electronic transactions have increased significantly. There is no doubt that this development has brought about a radical change in the traditional method of shopping, and new types of contracts have emerged that take advantage of technology and the digital revolution to facilitate civil and commercial transactions and help customers reach their needs faster without incurring the hassle of transportation. The dropshipping contract is one of these contracts and a model. It is important in the field of e-commerce, as it allows the

Abstract : The 1998 Rome Statute granted the United Nations Security Council significant powers over the International Criminal Court. The powers were to refer under (Article 13, Paragraph B) and to postpone investigation or prosecution under (Article 16). These authorities have raised important discussions regarding the independence and impartiality of the Court as a judicial body established to achieve international criminal justice.This research also presented the conditions that must be met for referral and postponement separately, as well as the opinions supporting and rejecting granting the Security Council

Abstract : Islamic law and Iraqi law focused on the issue of preventive policy against crimes of public funds, as God Almighty willed that nations should walk under His rule and establish His law and method, and gave reasons for this. Money and wealth are the basis of the economy in any society, as establishing the rule of God, implementing His law, and applying His rights, Glory be to Him, to protect our public hopes, and the fear of God is the first protection in human history, which supports the opinion that Islamic law preceded man-made laws in its importance and effectiveness more than punishment. Islamic law has given great importance to money,

Abstract : Preventive policy is a relatively recent policy, as it emerged with the emergence of the social defense movement, to be another branch of criminal policy alongside remedial policy. It has a narrow concept that means avoiding the occurrence of crime and combating it before it occurs, and a broad meaning that includes In addition to preventing the occurrence of crime, preventing the criminal from escaping punishment .Crime is a complex social phenomenon whose roots extend mainly in social relations that suffer from economic and social problems. Therefore, preventive policy is concerned with taking effective measures, whether supervisory or precautionary, to combat these causes in order to protect society from crime. Crime prevention is essentially based on

Abstract : The main focus of this research delves into the concept of qisas as it relates to Islamic law and the criminal law system in Iraq. We aimed to ascertain whether there were any similarities or differences between death sentences in Islamic law and Iraqi criminal law, highlighting whether or not there were common principles. To gain a comprehensive understanding of criminal law, particularly with regard to the death penalty, a close examination of the Iraqi Penal Code is necessary. In this analysis, we will explore the individual sentences and processes that determine the requirements for the execution of the death penalty. The use of the death penalty in Iraq, as dictated by Iraqi Sharia law, remains a matter of contention, particularly with regard to individuals found guilty of criminal offences.

Abstract : The issue of human organ trafficking revolves around an illicit market targeting individuals to obtain human body organs for use in agriculture, medical experiments, or organ transplantation. This phenomenon encompasses the abduction or illegal exploitation of individuals to acquire organs. This crime is considered unethical, violating human rights, and often involves the exploitation of the impoverished and vulnerable, exposing them to health risks, and sometimes even leading to fatalities in pursuit of organs. Regarding war-related contexts, the most egregious exploitation of human organ trafficking occurs in conflict zones and wars, where armed groups and criminal syndicates

Abstract : Individuals within society are linked to each other by different legal relations, which result in certain obligations, which the legislator is assigned to organize in a way that guarantees justice and stability in transactions, and this is evident through his organization of the theory of force majeure, which is considered one of the most complex issues due to the cause of the contractual imbalance of the parties to the contract, and that force Force majeure that occurs unexpectedly by the parties to the contract, causing a contractual imbalance and the obligation to compensate when its legal conditions are met While the injured creditor seeks to obtain compensation to redress the damage he

Abstract : It is clear that a segment of women (wives or divorcees) suffers from judicial and practical problems in empowering them with their financial rights, most notably alimony from their husbands or whomever they are Since the task of laws is to provide solutions to the problems facing society, the legislator must find solutions to those problems and follow up on their application to verify their effectiveness. However, there are interruptions or practical obstacles in marital maintenance that affect or prevent the deserving woman from accessing the periodic funds decided for her by law and judiciary that require executive legal remedies. In this regard, we witness a sound application of the

Abstract In most criminal legislation, the legislator has granted the investigating judge wide discretionary powers in order to Search for the truth because it is the goal of the criminal case. Therefore, the judge enjoys wide freedom in forming his emotional conviction when presenting the evidentiary evidential evidence his conscience desires and leave other evidence this freedom in evaluating the evidence may be subject to some legal controls, the most prominent of which is the sufficiency of the evidence and its standard at the accusation stage until the judge issues his decision to refer the accused and his papers to the

The two-part article delves into the challenge that cyberattacks present to the UN Charter's prohibition on using force and the associated exceptions. In the urgent era of digital warfare, where code can be wielded as a weapon, aligning cyberattacks with the UN Charter’s prohibition on using force has emerged as a pressing challenge. The transition from physical battlefields to virtual arenas necessitates a fresh perspective on what constitutes an 'armed attack' and how established legal norms can confront new forms of aggression. This article will examine critical issues, such as what specific flexible legal norms should be developed to address cyber warfare's distinct nature. How can global cooperation be enhanced to mitigate the risks of digital conflict effectively? What challenges might arise in establishing a clear and unified global response to the threats of cyber aggression through an international agreement? As we navigate this complex interplay between technology and international law, it’s evident that the UN Charter’s dedication to peace and security needs to adapt to the cyber landscape. Although the Tallinn Manual offers valuable guidance, it’s still evolving, underscoring the ongoing struggle to define and regulate cyber conflicts. Our analysis indicates that the essence of the Charter’s prohibition on force lies not in the mode of aggression but in the harm caused. As cyberattacks grow more sophisticated, our legal frameworks must evolve to meet these new threats. We face the challenge of balancing international peace with the unique aspects of cyber operations. To address these challenges, we must enhance global cooperation and develop flexible legal norms that consider the distinct nature of cyber warfare. This necessitates not just legal innovation but a concerted global effort to understand and mitigate the risks of digital conflict. By bridging the gap between existing legal frameworks and modern threats, we can uphold the spirit of the UN Charter while effectively tackling the realities of the digital age. We conclude that the prohibition on using force under Article 2(4) of the UN Charter should not be equated with the right to self-defence under Article 51. The traditional notion of kinetic force needs reassessment, as the broad and immediate impact of non-kinetic methods like cyberattacks could also be deemed an armed attack. In response to the evolving nature of conflict, particularly in the digital sphere, we must be committed to peace and security while embracing solutions that address the gaps in current legal standards. We propose a United Nations-led initiative, a pivotal step, to create an international agreement defining a binding code of conduct for cyber activities, firmly grounded in the principles of the UN Charter. Our proposal integrates three key elements: the prohibition of armed force in Article 2, Paragraph 4 of the UN Charter, the exceptions for self-defence in Article 51, and Article 8 bis of the International Criminal Court’s Statute, which deals with aggression. By combining these elements, we seek to establish a clear and unified global response to the ambiguous threats of cyber aggression, ensuring a coherent strategy to address the challenges of digital warfare.

Abstract : A set of duties have been imposed on the public employee or those charged with a public service, and the most prominent of these duties is to conceal all information or job or personal data that he sees, but what we are witnessing today is the interference of the information network and all its means in various aspects of life. The spread and spread of the phenomenon of publishing information or official correspondence on various websites, even though the Iraqi legislator dealt with the crime in a different set of laws, indicating that it is insufficient for the development the world is witnessing today, the expansion of the scope of crime globally, and the harm it may cause at the level of the state and individuals. Although most legislation and jurisprudence are directed towards maintaining the

Abstract : The drug phenomenon represents one of the problems that societies have suffered and that punitive laws have dealt with, in the past and in the present. The promotion of drugs is one of the most dangerous drug crimes, and the danger of promoting what this criminal activity does is to create motivation and excitement in the recipient by introducing him to the advantages and benefits of drugs in order to create a desire among The latter pushes him to carry out criminal behavior, which is to deal with drugs in any way that is prohibited by law, and promotion is the reason for the release and spread of drugs and causing an increase in cases of addiction in society, as well as the connection of this crime with many other criminal activities such as terrorism, weapons smuggling, human trafficking and other crimes , and this constitutes a great threat to society in all aspects of security, economic and health, and the research found that the subject of the crime of drug