Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP <p style="direction: ltr;"><strong>(ZANKO Journal of Law and Politics) is a refereed academic semi-annual journal, issued by College of Law and Political Science, Salahaddin University - Erbil.</strong></p> <p style="direction: ltr;"><strong>Online ISSN:3005-396X</strong></p> <p style="direction: ltr;"><strong>Print ISSN:2079-3901</strong></p> <p style="direction: ltr;">DOI:https://doi.org/10.21271/ZJlP</p> en-US [email protected] (administrative staff) [email protected] (Technical Support) Sat, 28 Dec 2024 21:39:51 +0300 OJS 3.4.0.1 http://blogs.law.harvard.edu/tech/rss 60 The legal nature of generative artificial intelligence (- Model - Chat G.P.T) https://zancojournal.su.edu.krd/index.php/JLP/article/view/1799 <p>Artificial intelligence, , is a technological revolution in our current era, called the Fourth Industrial Revolution, which is essentially based on merging computer science, or computer science, with human intelligence to produce artificial intelligence. Chatbot (GAPT) is one of the most important generative artificial intelligence programs as a chatbot, or (GATTGBT).</p> <p>It is translated into Arabic (generative artificial transformer that is pre-trained for conversation), and the name generative artificial intelligence comes from the fact that it is programmed in order to be able to generate and create new content of its kind by learning patterns and structures from the data on which it was programmed, and thus it enjoys a kind of independence from whoever created it. By programming it with data and information.</p> <p>In our research, we focus on the legal nature of this modern technology according to the Iraqi Civil Law No. (40) and according to the Iraqi Consumer Protection Law No. (10) of 2010, and at the end of our research we arrived at a set of conclusions and recommendations to serve this research.</p> Samera .A. Mostafa Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/1799 Sat, 28 Dec 2024 00:00:00 +0300 Legal Protection of Foreign Women Workers in the Kurdistan Region’s Cafeterias: Soran City as an Example https://zancojournal.su.edu.krd/index.php/JLP/article/view/1893 <p>The Iraqi Labor Law No. (71) of 1987, which is in force in the Kurdistan Region of Iraq, gives great importance to the worker in terms of rights and duties. There is no doubt that foreign women workers who work in the Kurdistan Region’s cafeterias need to be protected by law and their rights guaranteed. However, the legal protections for foreign women workers in cafeterias are unclear, and their rights are not adequately addressed. Therefore, the objectives of this study are to present the legal rights and protections provided for women workers in the applicable treaties and domestic laws, as well as to determine the extent of providing these rights and protections for foreign women working in the region’s cafeterias. This research relied on comparative and analytical methods to achieve its objectives and also adopted the empirical research method by conducting interviews with foreign women workers in Soran’s cafeterias. The study revealed that these women workers are deprived of most of their rights. They are often employed during nighttime hours and do not have the daily or annual leave provided for by the labor law with full wage and there is also a difference in the daily wage between women workers in cafeterias, which is contrary to the labor law. Finally, it is proposed that the labor law should not only be a written law but rather an effective and practical law in the private sector in the Kurdistan Region.</p> Rdhwan Shareef Salih, Shilan Tofeeq Faqe Khudur Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/1893 Sat, 28 Dec 2024 00:00:00 +0300 The crime of cutting trees under the Kurdistan Region Forest Law - Iraq No. 10 of 2012 https://zancojournal.su.edu.krd/index.php/JLP/article/view/2168 <p>It is known that the crime of cutting trees and shrubs was mentioned in the Kurdistan Region-Iraq Forest Law No. 10 of 2012, considering that it is a crime specific to forest trees located within the borders of the region, which can only be achieved through the availability of their foundations. Although the legislator did not define this crime, it touched on the definition of a shrub without defining the concept of a tree. It distinguished between ordinary trees and shrubs and perennial or rare trees and shrubs, as it tightened the penalty for felling perennial or rare forest trees in accordance with Article (22) of the law. Without specifying and establishing a specific standard to distinguish perennial or rare forest trees from others, to facilitate the work of judicial authorities when they apply the relevant penal texts.</p> <p>the legislator in the region stated that cutting down trees is criminalized under Article 4 as a rule, and the act is permissible after obtaining the approval of the concerned authorities.</p> <p>So we can say that what was stated in paragraph (5-6/third) of Article (4), where it touched on forest trees and shrubs. Article 22 stipulates the crime of cutting or burning perennial or rare forest trees, without stipulating shrubs. Thus, we see well what the legislator did in the Kurdistan Region-Iraq Forest Law when stipulating forest trees and shrubs to expand the scope of criminal protection without limiting it to a specific category only. It occurred in a contradiction on the other hand, as it touched on trees and shrubs in some of the articles, and in Article (22) it only touched on trees, not shrubs. This means that felling of perennial or rare shrubs is not subject to the scope of criminalization, because the text came to criminalize felling of perennial or rare forest trees.</p> Imad Fattah Ismael Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2168 Sat, 28 Dec 2024 00:00:00 +0300 White Marriage in the light of the applicable laws of Iran and the Kurdistan Region https://zancojournal.su.edu.krd/index.php/JLP/article/view/1892 <p><strong>Among the unexpected phenomena in some societies, white marriage (Cohabitation) arises, which means the coexistence of a girl and a boy without an official or legal marriage. Cohabitation is considered a common and acceptable subject and has been legally regulated in many Western countries, but in some Middle Eastern countries, such as Iran, which is widely felt and growing, it remains unacceptable both in terms of Sharia and legal norms. The proliferation of this controversial phenomenon, Cohabitation, in Iran, which neighbors the Kurdistan Region, could potentially have adverse effects on the region's future as it may reduce the rate of official marriage, the cessation of childbirth, and increase moral deviations in society.&nbsp; In the Kurdistan Region, there is currently no legal provision that criminalizes this type of marriage, nor is there any legal remedy to prevent its spread. Therefore, this study aims to introduce Cohabitation and present its rules and consequences based on the applicable laws of Iran and the Kurdistan Region. The most important outcome that our research has reached, by using analytical and comparative methods, is the illegitimacy and illegality of this form of marriage under the Islamic holy religion and the laws of both Iran and the Kurdistan Region, despite the absence of any usual consequences associated with valid marriages, such as dowry, alimony, inheritance, and the non-fixity of descent for their children.</strong></p> Rdhwan Shareef Salih, Rojin Jasim Saeed Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/1892 Sat, 28 Dec 2024 00:00:00 +0300 Recent Development of Holding Companies Under Iraqi Law https://zancojournal.su.edu.krd/index.php/JLP/article/view/2272 <table> <tbody> <tr> <td width="27"> <p><strong> </strong></p> </td> <td colspan="2" width="566"> <p> </p> </td> </tr> <tr> <td colspan="2" width="566"> <p><strong>Emerging holding companies are now a universal necessity as a result of rapidly expanding domestic and international business transactions. Due to holding companies’ significant impact on the national economy, legislation increasingly focuses on them. Concisely, the holding company dominates the administrative and financial aspects of its subsidiaries, and as a result, it casts votes on the board of directors of the subsidiary in favour of the holding company’s interests. The research is divided into three chapters; the first chapter provides a general description of the holding company. Then, clearly, holding companies in Iraq, such as recent sorts of companies, were legalized at the end of 2019 when the Iraqi Representative Council amended Company Law No. 21 and issued No. 17 of 2019 to legalize holding companies. As well, the second chapter analyses domination measures over the subsidiaries, and the third chapter pertains to the holding companies’ liability. In the conclusion, the researcher presents some results and recommendations.</strong></p> <p> </p> <p><strong> </strong></p> <p><strong> </strong></p> </td> <td width="27"> <p> </p> </td> </tr> </tbody> </table> Miran Mamand Bayz, Sedeeq Hamad Saeed Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2272 Sat, 28 Dec 2024 00:00:00 +0300 The philosopy of death penalty in criminal legislation https://zancojournal.su.edu.krd/index.php/JLP/article/view/2334 <p><strong> </strong><strong>The rules of criminal law, which contain legislative texts and penalties, including the recent and important physical punishment , which is the death penalty It is not harmful to reach the oringin and establishment of the rule of the death penalty and its validity . What is the reason for the legislator's writing of this legal rule? </strong></p> <p><strong> It is above to say that legislator is the one who prepares the preparatory work for the penal text, taking into consideration the risks and damages of the vriminal outcome in a manner that justifies the perpetrator to receive the death penalty or other punishments. </strong></p> <p><strong> Based on the above, it is necessary to research and philosophize about the death penalty through contemplation and reflection to understand the origin of the death penalty, the basis of adhering to this punishment, and the justification that surround the legislator's imposition of this penalty with a set of procedures and regulation. This is in addition to the desired legal values in the implementation of the punishment. </strong></p> <p><strong> We begin with the existence of death penalty in thistory and the goals that this punishment achieves historically, and then research the theoretical basis and commitment which is divided into two doctrines , the first of which is the formal doctrine and the second is the substan tire doctrine , and then we study the legal basis and the authoriy , values and the goals that it achieves . this punishment which revolves between justice and re renge, and the research ends with a group of philosophi calideas that can be relied upon to maintain orabolish this punishment. </strong></p> Shahin Ahmed Abbas Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2334 Sat, 28 Dec 2024 00:00:00 +0300 CONSTITUTIONAL RECOGNITION OF THE KURDISH LANGUAGE IN IRAQ BETWEEN THEORY AND PRACTICE (AN ANALYTICAL STUDY) https://zancojournal.su.edu.krd/index.php/JLP/article/view/2718 <p><strong>The Republic of Iraq is a multi-ethnic federal state, and the Kurdish language is one of the main constitutional languages ​​of its ethnic components. This language has its own rules, roots and history, but at most stages and different times, the official authorities in the country ignored this language or did not pay sufficient attention to it through formulating the legal procedures for determining the official language. Since the issuance of the Basic Law of 1925, the policy of one official language has been followed at the national level, which was the Arabic language, while taking into account ethnic and linguistic diversity at a lower and narrower level. The recognition of the Kurdish language as an official language in Iraq was a sensitive political issue. At some stages it was recognized indirectly within the framework of national rights, and at other stages directly but only in areas inhabited by Kurds and the Kurdistan Region. However, with the establishment of the federal system, especially after the issuance of the 2005 Constitution, the Kurdish language, along with the Arabic language, became an official language throughout the Republic of Iraq, and it was an important step to strengthen a constitutional right for an ethnic component in Iraq. To ensure the consolidation of constitutional recognition of the Kurdish language, some legal and practical texts and procedures were put in place, while on the practice, it faced many obstacles and was not implemented as required, so that the imposition and use of the Arabic language appears clearly through the actions and dealings of the federal authorities throughout Iraq, and this violates the principles of the current Iraqi Constitution, and is considered a return to the pre-federal period.</strong></p> Shaho Ghafur Ahmed Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2718 Sat, 28 Dec 2024 00:00:00 +0300 Penal Populism in Criminal Cases in Courts https://zancojournal.su.edu.krd/index.php/JLP/article/view/2020 <p><strong>Penal populism is an approach in which the criminal justice system policy makers and practitioners formulate and implement dramatic and popular criminal policies to draw public opinion regardless of scientific findings. Populism may penetrate substantive criminal rules, and in this regard, severe penalties might be approved by lawmakers. Penal populism has its own traces in ceremonial laws as well; the laws that provide the best context to implement the populism actions and policies and thus provide the best condition for this phenomenon to shape. The practitioners of the criminal justice system may consider fast and dramatic trials and immediate and public enforcement of the sentences in their agenda under public pressure or political propaganda.</strong></p> Halala Slyeman Rahman, Mahdi Hamdi Mahdi, Hind Abdulameer Hameed Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2020 Sat, 28 Dec 2024 00:00:00 +0300 Financial Distress of the Company and the Judicial Authority in Rescuing It https://zancojournal.su.edu.krd/index.php/JLP/article/view/2023 <p> <strong> The financial turmoil that affects a company at any stage of its life can have negative repercussions related to the existence of the company as a standing and independent entity. Therefore, the search for a way that enables the commercial company to continue its existence is very important. Declaring the bankruptcy of the company should be the last resort, as it entails harsh solutions that affect not only the company but also everyone who has an interest in it, whether directly or indirectly. The company cannot be rescued from financial turmoil and pulled out of distress except through other entities that work to find the appropriate way to rescue it, and one of these entities is the judiciary. The judiciary plays a crucial role in rescuing the company from the risk of collapse, due to its neutrality and its competence in resolving disputes. Considering that there are conflicting and varying interests directly or indirectly related to the troubled company, granting the judiciary such authority necessitates a review of the legal texts and any shortcomings therein, in order to achieve the desired goal of our research.</strong></p> Saif Rasheed Lateef Jasim Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2023 Sat, 28 Dec 2024 00:00:00 +0300 Judicial Control in the Field of Environmental Protection in Iraqi Law (Comparative Study with Algerian Law) https://zancojournal.su.edu.krd/index.php/JLP/article/view/2015 <p><strong>Judicial control is important in revealing the crime and investigating its perpetrators and the evidences that prove its commission in accordance with the law. With regard to environmental crime, there should be members of the judicial police who have knowledge and experience that qualifies them to detect and investigate it and who committed it and prove this through technical methods before the judiciary in order to impose punishment on whoever commits the environmental crime. The environment is free from pollution, so that it is a deterrent to others and prevents them from committing it, thus protecting the human right to live in a clean environment which is guaranteed by various constitutions including the Iraqi Constitution of 2005.</strong></p> <p><strong> </strong></p> <p><strong>Members of the judicial police often face difficulty in detecting environmental crime due to their lack of experience or lack of technical devices and equipment necessary for this. Since the environment is one of the values that the legislator seeks to protect and preserve, it has issued legislation to guarantee this protection, so the task of judicial police is entrusted in the field of The environment includes members of a special judicial police, and their tasks are defined in special legislation, in addition to their tasks specified in the Code of Criminal Procedure.</strong></p> Mahdi Hamdi Mahdi, Omer Mehdi Al Zuhairy, Hamad Kareem Hamad Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2015 Sat, 28 Dec 2024 00:00:00 +0300 Criminal policy in its confrontation Crimes Related to National Security in the Kurdistan Region "An Analytical Study" https://zancojournal.su.edu.krd/index.php/JLP/article/view/2024 <p><strong>State security, as a sphere of life related to statehood, stands as one of the main pillars of stability, exerting a significant impact on the progress and development of the state and the country. It encompasses the organization of political, military, economic, and social activities. Despite being perceived primarily as a political issue linked to state sovereignty, security is a crucial aspect within the realm of criminal law and state policy. This is essential for legally regulating and identifying criminal actors who pose a threat to the stability and security of society.</strong></p> <p><strong>The legislative philosophy and legal principles concerning state security issues vary across states and societies, contingent upon their political, constitutional, and legal systems. Following the transformation in the Iraqi political system and the establishment of the new Iraq based on the 2005 constitution, the Kurdistan Region, as a federal constitutional entity, gained the right to draft its own laws. This autonomy facilitated the formulation of a legislative policy tailored to the nature of Kurdish society. Consequently, the Kurdistan Region suspended several legal provisions in Iraq and developed an independent criminal policy distinct from federal Iraq, reflecting the perspectives of Kurdish society. </strong></p> <p><strong>This study constitutes a scientific attempt to investigate the criminal legislative policy related to state security in the Kurdistan Region using analytical methods.</strong></p> Fakhradfin Mahdi Jirgis , Weadi Sulaman Ali Copyright (c) 2024 Zanco Journal of Law and Politics گۆڤاری زانكۆ بۆ یاساو رامیاری https://zancojournal.su.edu.krd/index.php/JLP/article/view/2024 Sat, 28 Dec 2024 00:00:00 +0300