Atefeh Ajory
Abstract
Sometimes before compensation for moral damages and before the final decision to be issued, the victim dies. In such a situation, the main question is that if the inheritors can claim compensation for them (survival damages). Survival damages are those damages incurred by the decedent in his/her living. ...
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Sometimes before compensation for moral damages and before the final decision to be issued, the victim dies. In such a situation, the main question is that if the inheritors can claim compensation for them (survival damages). Survival damages are those damages incurred by the decedent in his/her living. Survivors may claim a wrongful death action against the tortfeasor in addition to survival action for non-pecuniary losses which they suffered in the result of this event (wrongful death damages). Wrongful death damages are those damages that arise as a result of the injury or death of direct victim. In acceptance of this type of claims and who are entitled to it, there is no consensus. Since blood-money institution exists in our legal system in the case of physical injuries and death, the status of blood-money should be considered in the ssurvivors claims. Since today the events leading to injuries and death frequently happen and the importance of the moral damages caused, in this article, we discuss the claims for such damages from the survivors.
Mohammad saleh avalidi; Ali Najafi Tavana; Mehdi Ahmadi Mosavi
Abstract
Taxes are one of the most important sources of government revenue, Quick receipt, low cost and stability of such incomes cause attracting many countries to such outcomes (as main and fixed outcome). Iran’s tax system also in modern times taken effective steps to implement this policy and convert ...
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Taxes are one of the most important sources of government revenue, Quick receipt, low cost and stability of such incomes cause attracting many countries to such outcomes (as main and fixed outcome). Iran’s tax system also in modern times taken effective steps to implement this policy and convert tax as one of the most important source of income and limiting the role of oil as the most important source of government revenue. Despite effective efforts in this regard, the tax system face several injuries and challenges that must not only identify damages but also pay attention to related factors. The findings of this study shows that: Legal disorder is one of the most important and first damage on the tax system. Ambiguity, consistency and inflation of legal down resources (tax directive) in addition to disappropriate and illogical policy. including legal damages considered at Iranian tax system. On the other hand, lack of compliance in tax payers or incomplete and inappropriate compliance of them are another available damages and challenges of iran’s tax system. in creating such damages, several factors are involved: lack of attention of legislator and policy maker’s need to develop a coherent law and remove the legal objections, ineffective and inefficient penal policy, lack of appropriate infrastructure in order to prevent tax scan (in format of lack of tax compliance), ravage of tax culture and existence of economical challenges. We consider this items in the study.
Morteza Akbary lalimi
Abstract
One of the main principles in the contemporary international law is the principal of the right to self-determination which has been mentioned in many of international documents. From the historical perspective and in the formation process, this right has been just associated with colonial cases for a ...
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One of the main principles in the contemporary international law is the principal of the right to self-determination which has been mentioned in many of international documents. From the historical perspective and in the formation process, this right has been just associated with colonial cases for a long time, and it has had a political concept. With regard to the evolutions in global society, this principal has been gradually written in the international documents including the Charter of the United Nations, International Covenant on Civil and political Rights, International Covenant on economic, Social, and Cultural Rights, General Assembly Resolutions, conventions and regional documents, and it has been recognized as a principle law. From the author’s point of view, the cooperation of the United Nations members in accordance with the charter of the United Nations, together with the proposal of organized guidelines and compulsory treaties are of great importance in order to omit this opposition. The present article is an investigation of different aspects of this opposition along with the explanation of cases and operational methods leading to the omission of this opposition.
Mohammad Rezvani; Mazaher khajevand; Hamed Safaei Atashgah
Abstract
Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family ...
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Semi-liberty is one of the main characteristics of the principle of punishment individualization and is one of the ways to support the part time liberty of the delinquent in order to reduce the jail population, however, emphasizing a permanent surveillance. On the one hand, this helps with the family stability of a criminal and on the other fosters the gradual reform of the criminals. With the proliferation of the culture of law-orientation and presenting modern theories about penal philosophy by the experts in criminology in the twentieth century, jail is identified as a punishment and various law systems have tried to mitigate the negative consequences of jail by just using jails as a punishment for the criminal without hurting their families. The question author s focus on is what semi liberty is on the basis of crime justification? And where the system is situated in the criminal policy? Semi-liberty system is the system which can be studied from a deontological and utilitarian perspective with an emphasis on crime justification. In other words, penal codes of modern systems take advantage to punish and reform delinquents in a way that they have least distance from the society. Thus, in line with the penal codes of advanced countries, Iran's penal code system has allocated the seventh section of Islamic penal code to semi-liberty since 2014. According to the related literature, this paper is aimed at studying the semi-liberty system and different aspects of it within the penal policy of Iran.
Bagher Shamlou; Abolfazl Yousefi
Abstract
Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against ...
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Since 2001, due to the occurrence of unforeseen events detrimental to public order repeatedly states declared a state of emergency and apply extra ordinary measures. Source of such legitimacy is cited to public emergency. Public emergency means a state that there is a great and immediate threaten against fundamental rights within a specific time and place in such a way that public order is disturbed sharply. Parameters of public emergency in human rights instruments are the objective or imminent threat against the life of nation. So, the possibility of a terrorist attack is considered to be the truest.
Jafar Shafiee; Aliakbar Gorji; Ali Ghanei
Abstract
In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the ...
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In this article we are going to study instances of the government's actions which are not subject to the judicial review of Administrative Justice Court. Usually in different legal systems, some government's acts -for some reason- have been excluded from the scope of judicial review. Identifying the acts and reasons for unreviewability can contribute to our understanding of the judicial review. In Iran, in addition to legislative limitations, one of the main reasons for limiting the Administrative Justice Court’s jurisdiction is Guardian Council of Constitution’s interpretive approach. In many models of judicial review, the criterion of court’s jurisdiction in reviewing the government’s acts is functional. But, organizational approach Guardian Council of Constitution to Administrative Justice Court’s jurisdiction -that is in conflict with systematic and organic approach to the principles of the constitution of the Islamic Republic of Iran, the spirit and underlying philosophy of drafting such a basic law to protect the rights and freedoms of citizens- has led to expansion of the sphere of unreviewbility in the Iranian legal system.
Javad Salehi; Nariman Fakheri; Hossein Al Kajbaf; Mojtaba Babaei
Abstract
Balancing the rights of the accused and Intermediary on the International Criminal Court is one of the serious challenges of Thomas lubanga Dyilo. The primitive branch prefers the accused's rights on Intermediary's right and even pays its heavy price by staying procedure until the Prosecutor also prefer ...
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Balancing the rights of the accused and Intermediary on the International Criminal Court is one of the serious challenges of Thomas lubanga Dyilo. The primitive branch prefers the accused's rights on Intermediary's right and even pays its heavy price by staying procedure until the Prosecutor also prefer the accused's right over other their tasks. But Prosecutor feel this precedent for Intermediary's security and the possibility of future collaboration stopping in risky International Criminal Court cases and to observe the requirements of a fair trial about accused without the impact. The Appeals Branch is also without evaluating the accused's or Intermediary right's priority over another, only criticize hardliner of primitive branch in staying proceedings and disobedience of prosecutor from the Court's orders and ruled to continue the procedure. Hence the Appeals Branch with his silence, does not offer any vision in giving priority to the rights of the accused on the Intermediary or balancing in other trials in the International Criminal Court.
Amir Hasan Niazpour
Abstract
Prison sentences is important response of criminal policy.It usually used for incapacitation of offenders or deterence.But,prison sentences use for rehabilitating criminals,now.prisoners classification is correction of metodes with it recognize in Iranian criminal policy.The article concerns the ...
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Prison sentences is important response of criminal policy.It usually used for incapacitation of offenders or deterence.But,prison sentences use for rehabilitating criminals,now.prisoners classification is correction of metodes with it recognize in Iranian criminal policy.The article concerns the issue at prisoners classification and approach Iranian criminal policy in this context.
Abas Niazi; Ayam Kamarkhani; Mohsen Jalilian
Abstract
“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront ...
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“International Competition law” or “International aspects of domestic competition law” are titles by which we apply competition regulation over international trade-economic activities of undertaking. We can use “international competition law” when we do not confront with the absence of multilateral treaty or customary international rules, but use of “International aspects of domestic competition law” results in denying “International Competition law”; because it approves domestic law as the appropriate system to apply over anticompetitive activities. We argue that there are two significant differences between “domestic competition law” and “international competition law”. First; international competition law does not have specific rules in the kind of multilateral treaty and customary rules. Second; international competition law does not have specific institution to enforce its rules. These differences will cause in prosecuting of anticompetitive activities of undertaking in the jurisprudence of domestic courts, even if these activities have international dimensions. So we try to prove the above claims by recognizing the objectives and challenges and solutions of international competition law.
