Cihan University-Erbil Journal of Humanities and Social Sciences

Civil Liability of a Notary Puplic in Iraqi Law

Kawa A. Salim — 2024-07-01

There Is No Doubt That The Notary Has An Important Legal Position, Because He Is The Creator Of Justice In Society, Especially In Terms Of Organizing, Verifying And Documenting Proven Documents. The Work Of Notary Is Considered One Of The Most Important Work That In Most Countries Of The World They Have Set Special Laws To Regulate The Duties And Rights Of Notary, The Iraqi Legislator Has Paid Full Attention To This Issue And Issued A Special Law, As Law No. (33) Of 1998 On Notaries, Which Defines A Set Of Obligations And Rights For Notaries, Notary Works In Accordance With The Law And His Decisions Are Subject To Monitoring And Investigation, While Protecting The Legal Rights Of Individuals In Society In The Event Of Any Violation Or Deficiency In The Work Of The Notary, Therefore, In This Study We Have Tried To Present The Civil Responsibility Of Notary And The Pillars Of Civil Responsibility Of Notary In The Light Of The Applicable Laws, In Order To Answer The Questions Raised In This Study, We Must Apply A Comparative Analysis Methodology To Analyze All The Legal Texts That Deal With This Issue In Law No. 33 Of 1998 In Comparison With Arab Applicable Laws Such As (Jordanian Law No. 11 Of 1952 And Lebanese Law No. 337 Of 1994), In Order To Present The Article In The Best Possible Way, And Finally The Most Important Conclusions We Have Reached Are Presented.

Legitimate Government and its Role in Human Resource Development

layla I. Abuilkassem — 2024-07-01

Good government is one of the pillars of human resources development, and its departments play an effective role in supporting the components of human resources development management, through its system, as the good government system is considered one of the main foundations of its success, and thus achieving sustainable development by advancing standards represented in legality and legality. Transparency, participation, effectiveness, legal accountability, credibility, and activating state institutions in an efficient and effective manner. The research also discusses the concept of human resources development management based on the concept of development and human development, its characteristics, and the relationship of good government to human development management through its interactive and supportive relationship with the components of human development management to benefit from the state’s human element and direct it in proper direction

Government legitimacy in Constitutional and International Law

Layla I. Abuilkassem — 2024-07-01

The research deals with a very important topic, which is the topic of government legitimacy in constitutional and international law, although we cannot determine its form and nature due to the changes and developments that have occurred to it over time, but in this research we can determine it through the standards of constitutional law to indicate the legitimacy of the government, and as It requires the intervention of the international community in determining the nature and legitimacy of governments, in terms of the means of attaining power and how to exercise it, in order to move the state towards stability and organize its political, economic and social affairs, to achieve the establishment of working bodies to achieve the goals of society. International law shows the most important mechanisms that governments rely on to establish the foundations of their political legitimacy. Just as governments enjoying legitimacy does not necessarily protect them from treachery or a coup against them, the peacefulness of these mechanisms makes governments of all types derive true legitimacy, unlike what comes to mind, which is the means of violence and coercion used. By the authority that makes it enjoy its legitimacy.

The Domestic Developments and their Impact on Security Stability in Central Asia after 2001

Alan H.S. Salih — 2024-07-01

This research sheds light on the importance of domestic development in a remarkable geographical region of the world, which is Central Asia. Although it is a closed geographical area from the geographers’ perspective since it does not fall on any open sea, it is an important geopolitical and strategic area at the heart of the world and borders with many dominant and influential countries in the international world system. It is also an important link between Asia and Europe as well as an important link between the Middle East and Europe. Central Asia, despite the fact that it is a geopolitical area, is an important geo-economic region rich with natural resources and different minerals, and the countries are in the process of developing since their independences do not exceed three decades. In other words, Middle east countries have political and social instability and, despite their differences, they have a fragile economy.

The Characterization Problem of Digital Drugs in the Iraqi Criminal System

Fahil A. Abdulkareem — 2024-07-01

Based on the current laws in Iraq's criminal legislative system, this research addresses the issue of identifying a legal framework for characterising digital drugs and thereby establishing criminal culpability. On the one hand, and on the other hand, we have tried to urge the Iraqi federal and Kurdistan regional legislators to synchronise the repercussions of the emerging cybercrime and predicate the future consequences of such crimes, based on the principle of protecting the security, stability, and safety of society by enacting modern laws to confront cybercrime, and not impunity for the perpetrators. Therefore, in order to understand the topics of the research, we divided the research into two sections: in the first topic, we studied what digital drugs are (the definition) by defining the mechanism of action of these drugs, while in the second topic, we studied the legal mechanism for characterising digital drugs through two approaches: in the first of them, we tried to characterise digital drugs as conventional drugs, while in the second approach, we tried to characterise this drug as a digital fraud.

The Administration’s Failure to Implement Judicial Rulings

Sakar H. Kakmad — 2024-07-01

The issue of failure to implement judicial rulings issued by the administrative judiciary, it is considered one of the modern problems , and it is one of the vital topics because of the importance in knowing the extent to which the public administration respects the rulings of the judiciary, thus, it respects the principle of legality, and the administration carries out all its actions in accordance with the law, as the administration's commitment to the principle of legality and the administration's submission to the law, if it indicates anything, indicates the extent of the administration's effectiveness in carrying out its work and activities, Among those duties that are obligatory for the administration is its implementation of any ruling issued by the administrative judiciary . In contrast to that , the administration's work is considered to be in violation of the principle of legality and is subject to challenge by cancellation , and sometimes a claim for compensation for it if an individual is exposed to certain damage as a result of refraining from implementing it.

International Electronic Arbitration and the Adequacy of Attribution Rules in Iraqi Civil Law

Younis S. Ali — 2024-07-10

The electronic arbitration is applied by the agreement of the arbitration parties to submit their disputes arising from contracts concluded by electronic means to a third party to decide them according to based on the parties' agreement, by modern communicating means and electronic technologies different from traditional means used in traditional arbitration. The electronic arbitration will be international, if the legal relation which is the subject-matter of the arbitration, is a legal relation interspersed with a foreign element. Or a special international contractual relation. It is worth-bearing in mind that although Iraq did not issue an international electronic arbitration law, but this study tried hard to determine the applicable law to both the procedures and the subject of the international electronic arbitration in conformity with the legal provisions available in the Iraqi law. We tried hard, in order to perform this legal institutionalization, to resort to some texts of the Iraqi Civil Law No. (40) of 1951, the law of civil procedures No. (83) of 1969, and the law of the electronic signature and electronic bargains No. 78 of 2012.

Strategy for Applying Artificial Intelligence in State Institutions

Inas D. Mahdi — 2024-07-20

Artificial intelligence and its practical applications have become one of the topics that have taken up a wide scope in modern studies, and the scope of its study has expanded to include fields that were not known a decade ago, especially after its practical applications entered various aspects of the country, from military plans and mechanisms, advanced automation of the economic system, international trade applications, and the introduction of artificial intelligence. In improving and evaluating institutional performance in the country, accordingly, the research comes as an attempt to determine the strategy for applying artificial intelligence in government institutions to reach an institutional performance evaluation process based on impartiality and objectivity.

Medical Error from the Perspective of the Iraqi Penal Code

Karzan F. Kareem — 2024-07-30

This study in a scientific way, according to an analytical method, and under the title (Ruling on Medical Errors from the Perspective of Islamic Jurisprudence - An Analytical Study) sheds light on an important issue in our contemporary reality, where in the shade of the sources of Islamic jurisprudence and by making use of the total output of Muslim scholars in past centuries and the modern era, It discusses the issue of the doctor’s responsibility towards medical errors that occur during medical operations and treatments, as we see at the present time that medical operations increase day by day, and in many times serious errors occur that affect a person’s life in a large or small scale, and this study emerged after the investigation he conducted The researcher indicates that medical errors are diversified into two types: one type in which the doctor does not guarantee him, while another type the doctor is guarantor, and the second case does not have one level, but changes according to the case and the error that occurs, all of which is due to the doctor’s commitment or non-compliance with the standards Which scientists put for doctors to take into account in their work.

The Digital Uses in the Transnational Organized Crime System

Ausama S. Mohammed — 2024-07-30

The organized crime system has entered the developed world and the intertwined technology in the fields of human life from its widest gates. The criminal legislator and the justice system in general must keep pace with this acceleration, not isolated from developments in the fields of digital currencies or any other part of the products of digital progress and artificial intelligence. Interfering with its decisions and legislation in terms of dealing with the results or being careful and wary of the possible results. This paper aims to focus on what the digital uses of encrypted currencies are in various criminal behaviors, especially transnational organized crimes, and to indicate the starting point of the official position, whether at the legislative, administrative and executive levels in dealing with digital currencies, especially in financial institutions, it is not possible to ignore the legislative system in not expressing its position on this reality and the increasing prevalence. It is necessary to point out the reality of the conflict between power and its dominance over cash and its issuance and issuance of cash and control of its value by individuals directly without interference from the authority or state institutions. and banking. The research methodology lies in the analysis and in-depth study of the motives and philosophy behind the misuse of digital currencies, or rather the motives that encourage offenders to enter the world of blockchain technology and use digital currencies in their criminal activities, so the criminal legislator at the international and local levels must face the potential risks of these uses And the creation of an integrated legal system coordinated between the concerned countries and financial institutions at the global level.

The Conflict of Laws on the International Electronic Contract

Younis S. Ali — 2024-07-30

This piece of research is concerned with the manner how to solve the conflict of laws on the international electronic contract according to the Iraqi law generally, and in conformity with the Iraqi law in particular. it is to be noted that this study takes into account the concept of the international contract in general and the international electronic contract particularly. The international contract is subordinated to the law of contract i.e. the law of will or the voluntary law, according to the subjective theory of determining the applicable law. It is also subordinated to both the rigid and flexible connecting factors in accordance with the theory of objective localization of the international contract. Finally this research studied the solution of the conflict of laws on the international electronic contract according to the Iraqi law, that is to say, the Iraqi civil law No.40 in 1951 , and the Iraqi law of electronic signature and electronic bargains No. 78 in 2012.

The Role of Organizational Ambidexterity in Achieving Strategic Agility

Khalid H. Mirkhan — 2024-08-25

The research aims at clarifying the role played by organizational ambidexterity in achieving strategic agility. In order to achieve the objective of research, a questionnaire prepared and distributed in the surveyed organizations to the sample of (85) general manager (10) questionnaire of them were not retrieved. After mentioning to the theoretical approach and description of sample, the data obtained were tabulated and then analyzed using the statistical method by means the SPSS package. the simple correlation coefficient and simple linear regression models were extracted. The results revealed that ther was statistical significance relationships between the dimensions of Organizational Ambidexterity and the strategic agility, this demonstrates the extent to the Ministries achieve the strategic agility through the adaptation of Organizational Ambidexterity. In the light of the results, the research concluded that the continuation in investing in highly levels of Organizational Ambidexterity of the general manager of the Ministries through providing an appropriate working environment concerning the financial, human, information, technology, working systems and the updated mechanisms supported by the organizational culture will encourage creative thinking leading to excellence

The Religious and Historical Symbol in the Poetry of Buland Ai- Haidari

Sarwar H. Mohammad — 2024-09-20

If literature is a kind of sophistical expression of the human feelings, emotions that run through the mind of the writer, expression thoughts, and human experience, for poetry is a branch of literature. It contains vision, ideas that poet presents in an artistic symbolic form, adopting a structur and style in his mind from those intellectual trends in a literary form. Our research uses the historical symbols as a scope to examine the history, religious in the poem of Buland, the way it is used, how the historical became a solid symbolic for him, identified with the historical, turning the poem into vision, aprophecy, dream, and connecting into unreality immanence. The research talked about the relationship of symbol and history, about the use of the symbol by the poet Buland, and his fame in this field, about the religious and historical characters, wheather they have positive or negative personalties, taking the symbol technique as an artistic framework, using it in a way it suits his personal experience, adds objectivity to his creative product, how he deals with that type of symbol, that religious and historical characters and that artistic and symbolic employment. This is what we will address in this study to explore the depth Bulands experience and reveal the sources of the poetic image in his poetic product, taking the descriptive and analytical approach as a line and curriculm that we follow. He has to interpret analyse poetic passages.

The Role of Mass Media in Development Political Awareness

Hemin A. Jalal — 2024-10-01

This study underscores the pivotal role of media in steering public focus and opinion toward salient political issues and occurrences, which significantly influence their daily lives. This study aims to explore the impact of mass media on enhancing the political consciousness and participatory engagement of the public. Additionally, it investigates the various methodologies and platforms employed in the dissemination of political content, aiming to clarify their effectiveness in shaping public perception and understanding. A further objective encompasses a comprehensive examination of the responsibilities and contributions of mass media in fostering an environment conducive to increased awareness and active political involvement among citizens. Identifying the methodologies and key indicators for measuring the increase of political awareness within the populace also constitutes a central aim of this inquiry.

This study, employing a descriptive analytical approach, reveals that mass media—encompassing new media, social media, television, newspapers, and radio—significantly influences the political awareness of individuals within society, manifesting in diverse extents of development. It has been observed that the populace has gained an understanding of the political process and recognized the significance of their involvement in electoral and political decision-making. Furthermore, mass media has played a pivotal role in fostering political engagement among community members, in addition to overseeing governmental and institutional actions to uphold transparency, fairness, and equality. The media's exposure of corrupt practices or the improper use of administrative authority facilitates legal scrutiny and the implementation of policies advocating for equality within society, thereby leading to the achievement of widespread justice under the law.

Key words: Role, Mass Media, Development, Awareness, Political Awareness