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The Legal Framework for the Use of Modern Means of Evidence in the Iraqi Legal System
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Salah Hasan Sabqani1   , Davoud Mohebbi2 |
1- PhD Student, Faculty of Law, University of Qom, Qom, Iran.
2- Assistant Professor, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (14 Views) |
| Technological advancement and the gradual transition toward electronic governance (e-government) in Iraq have led to the emergence of numerous transactions, documents, and data generated, circulated, and preserved through digital means. This shift has subsequently influenced the nature of evidence that may be relied upon before the judiciary. Consequently, the burden of proof in administrative disputes is no longer confined to paper-based documents and conventional means; rather, examining the admissibility and viability of electronic and digital evidence in establishing facts related to administrative activities has become essential. This issue assumes particular significance within the jurisdiction of the Iraqi administrative judiciary, given that a portion of public administrative acts is now conducted via electronic systems, databases, and digital communications. As a result, electronic evidence may often represent the sole or most appropriate means to establish contested facts. Therefore, determining the admissibility of such evidence is not merely a technical matter; rather, it is fundamentally linked to the principle of legality, the guarantee of the right of access to justice, and the effectiveness of judicial review over administrative actions. |
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| Keywords: The Use of Modern Means of Evidence, Administrative Lawsuit, Iraqi Legal System, Administrative Disputes. |
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Full-Text [PDF 630 kb]
(8 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/10/18 | Revised: 2026/10/18 | Accepted: 2026/02/20 | Published: 2026/02/20
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