Yaqeen Journal for Legal Studies 2022-10-07T16:53:35+00:00 Yaqeen Journal for legal studies Open Journal Systems <p style="direction: ltr;"><strong>Yaqeen Journal for legal studies is a scientific specialized peer-reviewed and a semi- annual journal issued by the College of Law- University of Duhok, to publish research papers and studies in the area of Law.</strong></p> <p> </p> The lacuna in the Rules Governing the Transport of Persons and Things (A Comparative Study) 2022-07-12T13:24:32+00:00 اكرم ياملكي ياملكي <p>The transport of persons and things is one of the most important activities exercised by the human being since ancient times, in land, water and air.</p> <p> Notwithstanding that our Iraqi legislator tackled the rules of this activity in the various laws, especially the laws of commerce No. (60) of 1943 and No. (80) of 1983, these rules still suffer from several lacunas, which needs to be enlightened to reach the higher level of governing this activity.</p> <p> To facilitate the acquaintance of the subject, we divided this research into three sections. The first on the lacuna of the rules concerning the transport of persons. The second on the lacuna of the rules of the transport of things. While we consecrated the third section to the civil liability of the parties in the contract of transport.</p> <p> We came in the conclusion to that this lacuna requires the intervention of the legislators for the perfection of the legal rules governing transport.</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies protection water As a part of The Natural Environment 2022-07-15T20:54:11+00:00 أ.د.صلاح جبير البصيصي البصيصي <p><strong>Summary</strong></p> <p>&nbsp;It may appear somewhat unusual to discuss the right to water in times of armed conflict, especially since international rules pertaining to such conflicts are aimed at protecting special categories of persons and property and do not provide a unique system for the protection of water facilities. However, there are those that believe that water and the environment are inseparable . International Humanitarian Law (IHL) and International Human Rights Law support the right to water and the right to the environment. The protection of one is actually the protection of another, and a threat to another is also a threat to the other. However, IHL has not totally overlooked water protection, either explicitly or implicitly. IHL has linked the protection of water to the protection of civilian objects and the protection of the natural environment. The immediate and long-term effects of contemporary armed conflicts exceed their military objectives, especially when using modern weapons, which exceed the legitimate objectives to threaten vital environmental resources, including water. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p> <p>&nbsp;<strong>Keywords</strong>: The right to water, Water Infrastructure, Civilian Objects, The natural environment, Armed conflict</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies Judicial Ruling as the Source of New Obligation. “ Study in the light of Dr. Samir Tanagho’s Theory”. 2022-07-18T12:16:18+00:00 أ.د.علي شاكر عبد القادر البدري <p>Sources of obligations are the well-known five, and this is what the jurists agreed <br />on it. However, Jurist Smir Tanagho has added the court ruling as the source of <br />obligation, with brining support by providing evidence, we will discuss this <br />argument with a deep analysis with his thesis, to find out whether or not the court <br />ruling can be a source of obligation or it is a mere application of the court to the <br />source of obligations.</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies The Nature of Criminal Behavior and its Provisions 2022-07-17T13:04:11+00:00 دكتور مجيد خضر سبعاوي <p>The research expands to shed light on the nature of behavior as an important <br />element in the formation of the material pillar and after the crime as a whole, and <br />represents the most prominent and most important element in this structure, and in <br />the context of that raises questions and quarrels in criminal jurisprudence and in the <br />judiciary and even between penal legislation, in terms of the validity of behavior, <br />whatever it may be. Its nature is to reach the criminal result and achieve penal <br />responsibility, and it does not matter that it is a behavior of a material or moral nature, <br />or that it is a positive or negative behavior. method, and so on.</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies Limited Litigation Eligibility for Minor Litigant (Comparative Study) 2022-07-04T00:37:35+00:00 عمار سعدون المشهداني الباحث حسن عبد محسن العامري <p>The subject of this study is determined by the limited procedural <br>capacity of the minor defendant, as this capacity is linked to the content <br>of the legal status of the minor defendant. Whenever it is available in <br>the person of the minor defendant, he has the right to initiate all the <br>judicial procedures related to the case himself, and if the capacity to <br>initiate litigation is available to everyone who proves his capacity <br>Perform legal actions with regard to the right to be judicially protected, <br>and that this capacity requires that the litigant be of majority (18 years) <br>and not under interdiction. The litigation capacity granted to the minor<br>in these cases is limited to a specific objective scope, but outside this <br>scope he remains unfit for litigation</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies Jurisdiction of the Iraqi supreme federal court of interpreting legal texts “analytical study in the light of the decision of the Iraqi supreme federal court number 48/federal/2021“ 2022-07-17T20:48:15+00:00 سردار <p><strong>Summary</strong></p> <p>The idea of ​​this research is to identify the extent of the jurisdiction of the Federal Supreme Court in Iraq &nbsp;interpreting the legal texts originally, by defining the following axes: the basis of jurisdiction, whether it is originated from a legislative basis or from the decision of the court itself, the nature of jurisdiction, whether it is a precluded jurisdiction limited to the court or joint Between them and others, represented by the State Council, the scope of jurisdiction is objectively and procedurally. As for the objective scope, it examines the legislative texts that are subject to the interpretative jurisdiction of the court, whether they are the texts of ordinary law, or whether it includes other texts such as regulations, instructions and organic laws. As for the procedural scope, it deals with the procedures that this court’s jurisdiction requires, such as submitting the request, the organs that have the right of submitting a such request, and the necessity of eliminating the means of appeal, similar to the jurisdiction of the State Consultative Council stipulated in the State Council Law No. 65 of 1979 as amended.</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies Criminal Justice and Its Role in the Enforcement of Financial Laws 2022-06-30T10:42:28+00:00 احمد خلف حسين الدخيل <p style="direction: ltr;">This research sheds light on an important form of functional justice, which is retributive justice, including from an objective and a procedural aspect, and what permeates the material and moral dimensions at the same time as it represents Adopting a policy of criminalization and re-punishment for him From the perspective of the addressees of the law is reinforced with procedures Compelling necessity proverbs for her as well as the factors affecting its perception of swell for policies incrimination and extent necessity the penalty and extent Compatibility between systems punitive and between Standards Mental and social and overlap with Species Justice other, not to mention mechanics lawsuit penal and speed Measures and ease and extent availability Justice Reform, and the positive or negative consequences of its absence in relation to the enforcement of financial laws, which imposes on the legislator keenness to realize them by all means, including streamlining the policies of criminalization and punishment, and facilitating and accelerating court procedures through the establishment of a specialized financial judiciary.</p> <p style="direction: ltr;"><strong>Keywords:-</strong> Criminal justice, financial laws, enforcement, criminal proceedings, criminalization policy</p> 2022-10-07T00:00:00+00:00 Copyright (c) 2022 Yaqeen Journal for Legal Studies