Public Law
Hamid Bahremand; Amirkia Ameri Sani; Azar Farahmand; Amirhosein Hajizadeh
Abstract
Legal policy-making that borrows problem-based and interdisciplinary approaches from public policy aims to solve problems in the legal system. Dispersed judicial decisions in courts are a problem in the Islamic Republic of Iran’s legal system that has not been considered in a problem-based manner, ...
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Legal policy-making that borrows problem-based and interdisciplinary approaches from public policy aims to solve problems in the legal system. Dispersed judicial decisions in courts are a problem in the Islamic Republic of Iran’s legal system that has not been considered in a problem-based manner, and no attempts have been made to solve it effectively. There are various causes for dispersed judicial decisions, but ambiguous rules are the most important. This paper provides two suggestions to prevent ratifying vague rules that drive dispersed judicial decisions by applying a descriptive and analytical method using library resources. The first suggestion is to use explanatory notes within the Iranian legal system to enhance the understanding of legislator purposes and goals for making a particular law as a substitute for the unpublished detailed negotiations held by parliament representatives. The second suggestion, inspired by economic and policy labs, is to establish a “Judicial laboratory” for analyzing the judges’ inference from the draft of the law in a quasi-real environment, before ratification, to reduce the gap between lawmaking and implementation.
Public Law
ALI DEHGHAN BANADAKI; alimohammad fallahzadeh
Abstract
Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. ...
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Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. For this reason, the legislator has recognized the quality of regulation in universities through the many ups and downs based on the constitution by approving Article (1) of the Law on Permanent Decrees of the Development Programs of the country. But The scope of competence of the Boards of Trustees of universities and research centers as one of the key pillars in setting the rules governing universities has been accompanied by ambiguities and shortcomings.In the meantime, the judicial interpretation tool and the way of dealing with administrative proceedings (administrative justice court) with the performance of the university trustees' boards are the way to evaluate, resolve ambiguities and legal gaps.This article answer the question, "What are the legal requirements governing the board of trustees of universities and higher education institutions in the framework of the decisions of the general board of the Administrative Court of Justice?"
This research has reached this conclusion by using the descriptive-analytical method, documenting the opinions of the general assembly of the Administrative Court of Justice; while maintaining the independence of the university and higher education centers in order to prevent the limited interpretation of the authority of the boards of trustees, the general rules and framework governing the approvals of the board of trustees should be established in a precise and transparent manner. The requirements governing the approvals of the board of trustees include compliance with the "principles of the constitution and higher documents", "special laws", "incompetence of delegation", "prohibition of sale of immovable property" and "laws of land use change".
Public Law
mohammad ghsem tangestani; Abbas tavazoni zadeh; Mohammad Hossein Sadeghi
Abstract
Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms ...
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Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms to expedite the resolution of administrative disputes under the title of "Administrative pre-trial" as one of the alternative methods of resolving these disputes, has been considered by policy makers of various legal systems; However, the idea is still controversial in some countries. Given the practical experiences of the French and British legal systems, the present article seeks to answer the question by a descriptive-analytical method to what extent the prediction of the preschool institution is compatible with the requirements of the Iranian administrative law system? Separating the Administrative pre-trial body from the quasi-judicial and judicial oversight bodies, it seems that the interpretation of the will of the founding power on the one hand and the provisions of important laws such as the law of permanent provisions of the country's development plans and the law of the Sixth Development Plan and Existence The existing Administrative pre-litigation mechanisms in some executive bodies all confirm that not only is pre-litigation legally possible, but also its recognition in order to reduce the volume of cases before the Administrative Court of Justice, at least in the case of some important and recurring cases. its necessary.
Public Law
amir ahmadi; yaser yousefi
Abstract
In the scientific system of any country, monitoring the performance of faculty members is very important. In case of violation by the faculty members of the university, it is inevitable to investigate their violation as the case may be. According to the law and the executive regulations, the process ...
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In the scientific system of any country, monitoring the performance of faculty members is very important. In case of violation by the faculty members of the university, it is inevitable to investigate their violation as the case may be. According to the law and the executive regulations, the process of hearing the violations of the faculty members is in the initial and appellate administrative board. It is worth mentioning that the investigation of the violations of the faculty members of the Islamic Azad University and the Litigation steps will be based on the regulations of this university. The purpose of this research will be to examine the shortcomings and provide solutions to the principles of fair proceedings with a view on jurisprudence, regarding the process of dealing with the violations of academic staff members of universities and higher education institutions. Qualitative research method has been done using questions. The finding of this research is that the regulations of this field have gaps and deficiencies, which in some cases cause violation of the rights of faculty members in the process of investigation. By examining the law and the regulations on the violations of academic staff members and by asking experts and members of the trial and appeals of disciplinary violations, we can conclude that there are shortcomings and gaps in the process of investigation. Among these cases, it is possible to point out the absence of a lawyer, the lack of documentation and justification of the rulings issued by the board, the non-specialization of the proceedings, the non-attendance of proceedings, the non-publicity of the proceedings, the lack of sufficient mastery of the members of the violation board to the laws which is provided for each solution.
Public Law
Ebrahim mousazadeh; Ali Reza Nasrollahi; Mostafa Mansourian
Abstract
Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the ...
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Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the field of administrative proceedings by approving the amendment of the Administrative Court Law (2023). This is the case that with the passage of more than a century of public rights and interests, these rights are still facing challenges in their birthplace, which is the criminal law. The Constitution, as a document containing the highest legal norms, requires public institutions to follow it. The Constitution of 1358 by establishing the "restore" of public rights and interests anf specifying the "duty" of the "judiciary" has drawn up the framework of proceedings in this field. In this way the question that arises in the meantime is "How is the order of the constitutional legislator to restore public rights and interest matters in the administrative proceedings?" The writing with the analytical method and using library sources especially the review of the opinions of the basic founders comes to the conclusion that the restoration of public rights as the duty of the administrative court is accompanied by foundations, criteria and requirements which are centered on interpretation methods. Verbal and practical oriented is not realized.
Public Law
Mojtaba Asgharian; ali bahadorijahromi; mohammad sadegh farahani
Abstract
The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting ...
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The performance of professional jobs for the public interest of society and their entry into the field of public services, doubles the need for government intervention in regulating the rules governing their performance. The present study, by exploiting the studies of the control library and adopting an analytical-descriptive approach, in order to explain the components of government intervention in regulating the legal profession, has reached the conclusion that contrary to the idea, the UK government intervenes in three levels of criteria. Governing the "structure and organization of the legal profession", "how to enter the legal profession" and "professional tenure" to pay the legal regime governing the legal profession is paid. Items such as "Determining the legal nature of the Bar Association", "Comprehensive government oversight of the Bar Association and the legal profession", "Regulation in the field of advocacy", "Reporting the Bar Association's obligation to nine government governments", "Reviewing the Bar Association's request and supervision On the approvals of the pillars and management components of the association "," Obligation to apply transparency in the performance of bar associations "," Determining the conditions of representation and admission "," Intervention of lawyers' training "," Intervention in the names in the list of lawyers "," Establishment of lawyers 'disciplinary courts and investigation of their violations "," Regulation of public oversight of Uber Bar Associations "," Regulation of government oversight mechanism in Bar Associations "," Supervision of lawyers' training "," Determining the amount and "How to obtain attorneys' fees", "Suspension and revocation of attorney's license", "Prohibition of attorney by qualified persons", "Control over employees and attorneys" and finally "Regulation of the mechanism of attorneys and non-attorneys" are examples of government intervention in England The establishment of bar associations in this country is considered.
Public Law
mohammad ghsem tangestani
Abstract
The formal law education system in several universities in a significant number of countries has for more than three decades experienced the relatively rapid development of institutions called "Law Clinics". This institution is a special establishment in faculties of law with dual educational and service ...
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The formal law education system in several universities in a significant number of countries has for more than three decades experienced the relatively rapid development of institutions called "Law Clinics". This institution is a special establishment in faculties of law with dual educational and service / social functions. In our country, the above idea has been designed and implemented with different models from a decade ago in a number of governmental and non-governmental universities in the country. Considering the development of the mentioned institutions in recent years and the necessity of setting the necessary legal frameworks for preparing and approving the rules and regulations related to the establishment and operation of law clinics, the leading research with descriptive-analytical method, while examining the concept of the above idea, Its functions and benefits seek to answer the question of what are the legal and extra-legal challenges and requirements for establishing university law clinics in Iran? According to the findings of this study, the effective establishment of this institution in Iran will not be possible without solving the numerous financial, administrative and educational challenges. The special emphasis of this research is on the necessity of adopting necessary solutions and arrangements to provide sufficient financial resources required for the establishment and operation of law clinics, approval of relevant legal documents by competent authorities and design of an appropriate educational system for full and effective implementation of the above idea. Thus, the legal system and the higher education system of Iran have not yet provided the conditions and requirements for the establishment and then the establishment and development of these clinics; Of course, this can only be achieved through the mutual cooperation of government authorities and non-governmental organizations, as well as the community of lawyers. I
Public Law
Ayat mulaee; fatemeh mirahmadi
Abstract
Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of ...
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Supporting production and business requires identifying challenges and barriers in various areas. One of the most important of these areas is obtaining contract insurance, especially contracting contracts in the current practice of the Social Security Organization and the claims' assessment boards of this organization there is no precise and logical criterion for calculating the contract premiums. This situation has become one of the most contentious issues in the branches of the Administrative Court of Justice and the votes of many claims assessment boards are violated for various formal and substantive reasons, which require serious attention. So, this question has been answered: What are the most important challenges and causes of violation of claims in the branches of the Court of Administrative Justice? In answer to this question, using the research method: descriptive-analytical, the most important results are as follows: First, there are various challenges, such as how to calculate and obtain premiums, the composition of claims assessment boards, and the determination of premiums based on audits of financial offices. Secondly, these challenges indicate a lack of indicators, principles and conditions governing the receipt of premiums in the relevant legal documents that need to be corrected.
Public Law
mohammad najafi kalyani; Mehdi Hadavand; alimohammad fallahzadeh
Abstract
One of the most controversial legal and political issues in recent decades - especially since the 1990s - is the recognition of welfare rights in the constitutions of different countries and how to recognize them. Although it seems that most constitutions have recognized these rights, the status of them ...
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One of the most controversial legal and political issues in recent decades - especially since the 1990s - is the recognition of welfare rights in the constitutions of different countries and how to recognize them. Although it seems that most constitutions have recognized these rights, the status of them in the constitutions does not follow a single pattern, and unlike the first generation of rights, the very existence of these rights is seriously questionable. Despite the diminishing challenges at the international level, internal disagreements persist, and these rights continue to be criticized by various thinkers, especially right-wing thinkers. This issue has led to the inconsistent recognition of these rights in the constitutions of different countries. In this article, we seek to examine the models for identifying welfare rights in constitutions. Given the wide impact of the theories of various thinkers on the current state of these rights, it is necessary to examine the objections to them. The results of the research show that the general principle in identifying these rights is their acceptance as "aspirational goals" in the constitution, and their recognition as a "justiciable right" is an exception.
Public Law
vali rostami; Seyyed Mohammad Mehdi Ghamami; Amirhossein Aslezaeim
Abstract
The nature of local council taxes is not explained in any of the relevant laws and regulations, despite the precedent of Approval, the amounts paid to the government and its direct connection with public rights. As a result, various inferences have been made from this concept, and many tensions have ...
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The nature of local council taxes is not explained in any of the relevant laws and regulations, despite the precedent of Approval, the amounts paid to the government and its direct connection with public rights. As a result, various inferences have been made from this concept, and many tensions have been created between legislators and taxpayers, and a major capacity and power of regulatory bodies have been engaged in this issue. Also, the requirements explained in the lawsuits of the Judicial Oversight Body of the Administrative Court of Justice have not been sufficiently deterrent in reforming this process. Therefore, in line with the answer to the question of what is the concept and the nature of taxes approved by local councils in Iran's legal system, with a descriptive-analytical method and by analyzing similar concepts and trends in legal documents and decisions of the Administrative Court, the nature of local taxes as a concept corresponding to the presentation Direct service to the same source of collection of taxes at the same time or in the context of time before receiving and after receiving taxes, and we found that the element of service is an inherent basis of this nature that the approval of taxes, its sources and place of expenditure is linked to it and in case of non-compliance with the elements of the definition, basically, the imposition of taxes is distorted.
Public Law
Morteza Rostami; Mohammad Rostami
Abstract
In Iran's legal system, according to Article 166 of the Labour act (enacted 1990), the verdicts of labour dispute resolution authorities must be implemented in the Judiciary by the Civil Judgments Enforcement Unit. Although the general process of enforcing these verdicts is set out in acts, including ...
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In Iran's legal system, according to Article 166 of the Labour act (enacted 1990), the verdicts of labour dispute resolution authorities must be implemented in the Judiciary by the Civil Judgments Enforcement Unit. Although the general process of enforcing these verdicts is set out in acts, including the Civil Judgments Enforcement Act (enacted 1977) and the Enforcement of Financial Sentences Act (enacted 2015), the implementation of the verdicts of these authorities is sometimes accompanied by ambiguities and challenges; so those workers face difficulties in achieving their rights. The present article examines these ambiguities and challenges on the basis of descriptive and analytical methods. Its findings indicate the ambiguities in the process of implementing the most important rulings of labour dispute resolution authorities, including rulings on financial condemnations (including labourers' premiums and their salaries and benefits) and verdicts on non-financial condemnations (including verdicts to return to work) has led to the emergence of various procedures in the enforcement units of civil judgments of the judiciary. In addition, the implementation of these verdicts in practice is associated with several challenges, some of which are: Ambiguity in verdicts, the employer's financial inability (whether insolvency or bankruptcy), the employer's refusal to implement the verdict and the Social Security Organization's refusal to implement the verdicts on premium.
Public Law
hossein abdollahi
Abstract
Taxation of the right to assign a place is one of the topics of tax law that has received less attention on its legal aspects. The existing legal definition of the “right to assign the place and its instances" is faced with the two problems "ambiguity and imperfection" and therefore, in this article, ...
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Taxation of the right to assign a place is one of the topics of tax law that has received less attention on its legal aspects. The existing legal definition of the “right to assign the place and its instances" is faced with the two problems "ambiguity and imperfection" and therefore, in this article, an attempt has been made to provide a comprehensive definition of these examples. Also by following the sources of tax law, five conditions were extracted for the "realization of the transfer of the right to assignment", which must be met in order to include this type of tax. Regarding the "method of transfer of the right to assignment", this is not limited to transfer through official documents and the transfer is also realized with ordinary documents. Also, in order to determine the "time of taxation", the "agreement of the parties to transfer the right" should be considered as a criterion, and in "determining the taxable income", the "customary price of the right to assign the place" is generally used as a criterion for tax officials; a method that is not only a cause of financial indiscipline, but can also be criminal and corrupting, so alternative solutions have been proposed in this case. The method used in this research is descriptive-analytical and attention to the latest "tax regulations" in addition to the votes issued by the "supreme tax council", "general assembly, specialized committees and branches of the court of administrative justice" has been considered in this study.
Public Law
mahdi moradi berelian; Mghasem Tanghestani
Abstract
One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. ...
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One of the necessities of the rule of law at the level of politicalinstitutions is to provide enforcement guarantees for violations of laws bypolitical authorities. The Iranian constitution has tried to meet theaforementioned necessity by providing various mechanisms for the responsibilityof the president. Despite the possibility of the president being tried beforethe Supreme Court for violating his legal duties under Article 110 (10) of theConstitution, Iran's constitutional system is both doctrinaire and procedurallypoor. Based on this, the current research tries to pay attention to thecomparative constitutional law approaches, identify the existing challenges andprovide solutions to solve them, using the descriptive and analytical methodand through legal historical genealogy, a step in the direction of enrichingthe doctrines of the constitutional rights in relation to the president'sresponsibility before the court. The Supreme Court of the country should takeit and provide the ground for creating and strengthening the procedure in thisregard. This study seeks to answer the following questions: In the currentlegal system, what are the ambiguities and challenges of identifying andapplying the jurisdiction of the Supreme Court? And has the jurisdiction any legal and political justification and desirability? Research findings show thatnot enough laws have been passed to implement this responsibility, thegenerality of the constitutional provision on the violation of the president, ambiguity in the competence of the Supreme Court and the General Courts of Justicein exercising this responsibility and the abandonment of the implementation ofthe first part of the aforesaid paragraph in the Constitution are among thenotable challenges in this regard. Amending the constitution and adjusting thepresident's responsibility to the Supreme Court and passing the necessary lawsto put in place should be considered as a solution by the Iranian legalsystem policymakers.
Public Law
mohammadali farahani; morteza hajialikhamse; Hadi TahanNazif
Abstract
Applying the “rule of sharia” over laws and regulations is one of the most important issues of the Islamic Republic of Iran legal system. The implementation of this rule, which is mainly addressed in Article 4 of the law, has created variable legal and judicial effects on the legal system. ...
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Applying the “rule of sharia” over laws and regulations is one of the most important issues of the Islamic Republic of Iran legal system. The implementation of this rule, which is mainly addressed in Article 4 of the law, has created variable legal and judicial effects on the legal system. In other words, announcing the inconsistency or non-inconsistency of the approvals or laws and regulations that have been absorbed by the jurists of the Guardian Council in various forms on the legal and judicial system.Therefore, the manner of announcing the opinion of respected jurists is important. This has created the ground for the realization of Article 4 of the Constitution and the Islamism of laws and regulations in the legal system, or on the other hand, has created the legal system with ambiguity, conflict, and legal creation. Therefore, in this article entitled "Legal effects of the supervision of the jurists of the Guardian Council by announcing and general laws and regulations in the judiciary of Iran" an attempt has been made to make extraordinary works that have emerged as a result of the comprehensive or complete announcement of the jurists of the Guardian Council That is analyzed.Therefore, first, with a descriptive method, the types of objections raised by the jurists of the Guardian Council have been counted, and as an example, the objection of "application or general laws and regulations" has been mentioned, and finally, with an analytical method of works It can be examined and summarized to show its impact on the country's judicial system, in such a way that in order to achieve the purpose of Article 4, the opinions of the jurists of the Guardian Council in the cases subject to this article must be documented and reasoned, and concise opinions must be avoided.
Private Law
kadijeh mozafari; Alireza Izadi fard
Abstract
The assignment of national lands is provided in Iranian law in two definitive and temporary forms. The land is temporarily assigned in the form of a contract between the Ministry of Agriculture and eligible applicants. The contract has a definite form approved by the Cabinet of Ministers. Contracts are ...
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The assignment of national lands is provided in Iranian law in two definitive and temporary forms. The land is temporarily assigned in the form of a contract between the Ministry of Agriculture and eligible applicants. The contract has a definite form approved by the Cabinet of Ministers. Contracts are made in the form of a lease contract and in accordance with specific procedures such as formality and compliance with a specific form. The parties to the contract are the agricultural director of the province as a representative of the Ministry of Agriculture and, on the other hand, applicants with special general conditions and legal priorities. In addition to paying a fare, the tenant must execute a draft plan on rental land. In addition to land delivery, the landlord should provide the tenant with the conditions for issuing the document. Violation of the tenant will be result in the termination of the rental agreement. In the event of a landlord's violation, the tenant will first demand the coercive and terminate the contract in case of compulsory issuance. Objections to decides of the supervisory board and third party claims of land assigned are the most significant disputes arising from the implementation of the contracts.
Public Law
Mina Akbari; fatemeh Afshari
Abstract
Legislative authorities have determined a referee called the Disciplinary Council of Construction Engineering Organization to investigate the guild violations committed by construction engineers. From the point of view of the principles of public law, the constitution as well as the views of the Guardians ...
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Legislative authorities have determined a referee called the Disciplinary Council of Construction Engineering Organization to investigate the guild violations committed by construction engineers. From the point of view of the principles of public law, the constitution as well as the views of the Guardians Council, judicial review on this council is necessary. However, the legislator has not specified any competent court as the reference of judicial review on the Disciplinary Council of Construction Engineering Organization. In the judiciary as well, pointing to the non-governmental nature of the Construction Engineering Organization, the Public Board of the Administrative Justice Court has not approved the competency of this court to investigate the decisions made by the Disciplinary Council of that Organization. In addition to, the Public Board of the Supreme Court did not consider the decisions of the Disciplinary Council of the Engineering System Organization to be subject to appeal in courts, citing the word "certainty" authorized in Article 24 of the Engineering System Law. Now the question is what is the legal solution to solve this legal and judicial challenge? Regarding the resulted condition, it is suggested for the Public Board of the Supreme Court to modify its already adopted approach to “the certainty of the decisions of this administrative tribunals” in the new decisions about the united practice; because this approach contradicts the religious, constitutional law, and the staute. Certainty of these rules refers to the certainty of administrative and executive procedure and cannot be generalized to judicial certainty. In the second step, as a long-term plan, the Administrative Justice Court should be recognized as a competent reference to investigate the complaints about the decisions of all the administrative tribunals. This procedure is more adapted to the concept of administrative proceeding. Therefore, with modification of the rules,
Family Law
mohsen safari; Zahra Mashayekhi
Abstract
The family is a social institution and a natural unit that we have witnessed significant changes in its definition, structure and function in recent decades. In many legal systems, the family is an ideological institution whose laws are enacted in the light of religious rulings; Laws that are typically ...
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The family is a social institution and a natural unit that we have witnessed significant changes in its definition, structure and function in recent decades. In many legal systems, the family is an ideological institution whose laws are enacted in the light of religious rulings; Laws that are typically authoritarian and the will of individuals to determine their relationships is limited and partial. However, because of the dominance of such rules, one should not ignore the individual areas of human life in the institution of the family and prescribe the violation of their most fundamental rights and freedoms. Fundamentalism is a phenomenon that seeks to protect the fundamental rights and freedoms of individuals in society at the judicial level, and the fundamentalization of family rights seeks to amend strict laws whose absolute application will result in nothing but crisis and turmoil in the family institution. It also violates the fundamental rights and freedoms of family members, indiscriminately and extensively. In this research, in a descriptive-analytical method, by reviewing and criticizing the views of proponents and opponents of constitutionalization of family rights and by presenting criteria in line with the Iranian legal system, we have designed and explained the theory of conditional constitutionality. Prevent the fundamental rights of family members and the fundamental values of the family institution, and shine a light on the minds and consciences of our intellectual judges.
Public Law
Farid Mohseni
Abstract
Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government ...
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Corruption in the government is as old as the government itself and is a serious problem, and dealing with it is no less important than maintaining the security and survival of the government. Today, disclosure is considered as one of the ways to prevent and fight corruption and crimes in the government and in public organizations and institutions. Although the widespread use of disclosure in the form of motivating and supporting whistleblowers is not a definitive way to eradicate corruption, it is one of the tools of development, improving governance, and creating governments and organizations with moral and legal health. For this reason, the functions of disclosure in combating and preventing corruption are in the spotlight more than ever. Although some consider disclosure to be a form of espionage and espionage, in many countries this practice is seen as a result of courage, commitment and adherence to morality. Is. Exposers are considered to be the most important factor in preventing potentially dangerous mistakes from leading to disaster. But even the most famous and successful whistleblowers have all gone through a very difficult, long and risky path and have faced very strong reactions. Despite the growing emphasis on disclosure and efforts to provide legal protection to whistleblowers, the realization of this phenomenon still faces many obstacles. Paying attention to these barriers and analyzing them can be the basis for drafting laws and providing effective criminal protection to facilitate disclosure. Of course, paying attention to the boundaries of freedom of information and expression, information privacy, transparency and disclosure, as well as using the experiences of other legal systems as well as Iranian law sources, are key points of this process.
Criminal Law
Amin mohammadi jobeni; hosein sharifi tarazkoohi; Mohammad Barani
Abstract
Human security means the conditions under which the vital core of human life is protected.Although the government has an important role to provide security,it should be seen as a means to provide it,not a matter or a source of security.This doctrine in the broadest sense means freedom from need and freedom ...
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Human security means the conditions under which the vital core of human life is protected.Although the government has an important role to provide security,it should be seen as a means to provide it,not a matter or a source of security.This doctrine in the broadest sense means freedom from need and freedom from fear and living with dignity,since there's no accepted definition of it,it can be divided into minimalist and maximalist schools.The article's purpose isto examine the duties and authority of NAJA with an emphasis on the minimalist of human security,which believes that lasting stability isn't achieved ,unless people are protected against violent threats to their rights,security or lives.Regarding the mentioned issues,this study aims to answer the question"What are the responsibilities of the IRI police in achieving personal,political and social security?"It has been written with a descriptive-analytical approach,using the library method. According to the research 'findings,based on law,establishing order and security,providing public and personal comfort is one of the main missions of NAJA. Hence,eliminating the threats posed in the security components based on freedom from fear directly or indirectly,is under its duties. So the performance of the police in achieving these security areas must be improved in accordance with the philosophy of the NAJA existence and the goals of human security,which is to maintain the security and dignity of individuals.The change in the duties and powers of NAJA isn't a matter of choice, it's an inevitable necessity.That the most important of its effects will be the guarantee and promotion of the citizenship rights increasing the public trust in the police ,intensification of the community centered police,establishing more discipline and security and increasing the legitimacy and acceptability of the system.
Private Law
Koorosh Ostovar Sangari
Abstract
AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and ...
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AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and 39 of the Court of Administrative Justice in 1368, state agencies can in no way be present in the branches of the Court of Administrative Justice as a plaintiff. This decision was approved by the General Assembly of the Supreme Court in No. 602 in 1374, but the question was raised that what is the task of the state apparatus in relation to matters within the jurisdiction of the Court of Administrative Justice? In 2007, the General Assembly of the Supreme Court, Decision No. 699, tried to somehow open this deadlock and find a solution to this problem. However, these votes of the General Assembly of the Supreme Court created other problems, hence the vote of unity. Procedure No. 792 was issued in July 2016 and has somehow annulled votes No. 602 and 699. The author believes that vote 972 is a positive development in the separation of powers of the Court of Administrative Justice and public courts.Keywords: Procedural Unity Vote, Jurisdiction, Administrative Court of Justice, Public Court,State.
Public Law
zahra Bidar; ebrahim abdipour
Abstract
The general principles and rules of public economic law indicate how the government intervenes in the economy and its evolution towards redefining the regulatory role of the government. Studying the indicators of judicial supervision in the field of economic regulation of the government requires reviewing ...
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The general principles and rules of public economic law indicate how the government intervenes in the economy and its evolution towards redefining the regulatory role of the government. Studying the indicators of judicial supervision in the field of economic regulation of the government requires reviewing the procedure of the General Assembly of the Court of Administrative Justice and extracting the mentioned principles. The purpose of this descriptive-analytical study is to reach the conclusion that the principles accepted by the Court of Administrative Justice in this area and how they are crystallized in the practice of this institution. The findings of this study show that the principle of protection of private property, the principle of freedom of trade and industry, the principle of equality, the principle of competition and the principle of proportionality are among the principles that are explicitly and implicitly documented based on their legal principles in Iranian law. The annulment of government regulations by the General Assembly of the Court of Administrative Justice falls within the scope of public economic law.
International Law
Zahra Mahmoudi kordi; zahra sadat sharegh; Hossein Rezazadeh
Abstract
According to the Aarhus Convention, the realization of environmental democracy is based on the three elements of access to information, participation in making decisions and access to court in environmental matters. Given that environmental damage also leads to human harm, some states, in order to achieve ...
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According to the Aarhus Convention, the realization of environmental democracy is based on the three elements of access to information, participation in making decisions and access to court in environmental matters. Given that environmental damage also leads to human harm, some states, in order to achieve environmental democracy, have established environmental judicial and quasi-judicial authorities in their domestic system to provide the right of access to the courts in environmental issues. Due to the high but fragile biodiversity and environmental threats in Iran such as the existence of endangered plant and animal species, environmental pollution, dust, desertification, etc., the lack of such an institution is felt in the country's legal system. The present article descriptively-analytically examines the documents, international jurisprudence and authorities in the domestic law of some states and then assesses the status of the Iranian legal system And in response to the question of which model of environmental courts is more appropriate for Iran, it is concluded that according to the history of specialized courts in the Iranian legal system, the establishment of a special environmental court In the Iranian legal system can provide the grounds for the realization of environmental democracy and consequently sustainable development.
Public Law
Mozhgan Nemati; Mohammad Ja’far Habibzadeh; Doraid Mousavi Mojab
Abstract
In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, ...
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In recent years, the necessity of the accountability of public institutions has become a key issue under the influence of New Public Management (NPM). The basic principle is that being responsible and possessing power makes the person accountable. Accordingly, the judiciary, as well as other public institutions, must be held accountable for its performance at various levels, in particular, the procedures, decision-making process and implementation of decisions. However, accountability in the judicial system has always been faced many opposite views to guarantee judicial independence and other considerations such as sensitivity and specific function of the judiciary. In this paper, with emphasizing the necessity of creating a balance between the two competing values, namely 'independence' and 'accountability', the available capacities of the Iranian legal system are examined specifically regarding the accountability of the judiciary to the legislature and its members. The research method is descriptive-analytical and by utilizing library resources, this article while explaining why the judiciary is accountable to parliament, attempts to analyze and critique opposite views in this regard. The results of this study show that although the accountability of the judiciary has some differences and limitations compared to other institutions, undoubtedly judicial independence never means impunity or exemption from accountability. The examination of the available capacities in the constitution, including the right of parliament members to express comment and investigate, as well as the mechanism for dealing with complaints and reports submitted to the commission of the ninety principle, illustrates the fact that can be achieved to a degree of accountability of the judiciary to the parliament -especially with regard to judicial processes- while guarantee and respecting the judicial independence.
Public Law
keivan eghbali
Abstract
The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing ...
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The suspension of the human rights is one of the solutions which was designed to strike a balance between the need to respect human rights and human freedom and safeguarding of public interests in the emergency status. In the meantime, in order to prevent any possibility of misuse of authority in recognizing the necessity or non-necessity of the suspension of the human rights by government, some preconditions have been provided. In this context, due to the implicit recognition of the possibility of suspension of human rights within laws of Iran, the present study aims to investigate with a descriptive-analytical method whether the judicial oversight in the process of suspending human rights can play an effective role in preventing possible human rights violations in this process? The results indicate that after review of existing jurisprudence one can conclude that judicial oversight of the judiciary on implementation of preconditions of the suspension can play an effective rule in protecting the rights of the citizens. It is important to note that in the entire supervisory process, three basic criteria and principles, namely the rule of law, judicial independence and impartiality, must always be at the forefront of the work of the relevant institutions in the judiciary; Criteria that each of them depends on appropriate guarantees by the judiciary.
Public Law
mohamad reza rafeei
Abstract
The "uniformity of the judicial precedent", according to the provisions of Article 161 of the Constitution, is one of the aims of our judicial system. There are various ways to create uniformity of the judicial precedent, including issuance of Decision as a Unified Judicial Precedent. Both the Supreme ...
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The "uniformity of the judicial precedent", according to the provisions of Article 161 of the Constitution, is one of the aims of our judicial system. There are various ways to create uniformity of the judicial precedent, including issuance of Decision as a Unified Judicial Precedent. Both the Supreme Court and the Administrative Justice Court have the legal authority to issue of Decision as a Unified Judicial Precedent, and so far, many of the two chambers have issued Decisions. However, the Decisions as a Unified Judicial Precedent faces many challenges that, given the important position of these Decisions in our legal-judicial system, it is necessary to address these challenges. The first step in achieving this goal is to identify the challenges that are the subject of this paper. The main question of this article is: What are the challenges facing the Decisions as a Unified Judicial Precedent? The results of this descriptive and analytical study show that some of the challenges of this institution are structured in nature, which can be inconsistent with the constitution, the lack of religious and constitutional supervision, the multiplicity of issuers and overlapping subordinates, inaccurate basics of Decisions, Lack of coverage of out-of-Decision conflicts. The unclear timing of entry into force and the extent of their impact on the past can be mentioned. Others are rooted in the functioning of the issuing authority, which points to Non-Sufficiency, Not timely, non-compliance with Choosing more important things, and lack of Strength.
