Imam Sadiq UniversityGovah Legal Education2645-64006120200420The validation of fiduciary concept in jurisprudence and law of IranThe validation of fiduciary concept in jurisprudence and law of Iran124280310.30497/leg.2020.2803FAMohsenEsmailiFaculty Member of TehranMohamadKarbalaee PazokiMaster of Private LawJournal Article20200206Meticulous and fiduciary is one of the oldest and the most familiar proposed concepts in every legal system. Ethicalvalue of meticulous and its special rank among people caused that it has special rank in every different legal systemtoo. Some of legal system, such as common law, express some circumstances and criteria for recognizing meticulous’qualification, and in some other legal system such as Iran, recognize that meticulous is a person whom owner or legislator had made it, as a meticulous. Furthermore the meticulous also has been investigating in a special way in a legal claim. A sentence to a lack of surety in order to losing properties is a component of meticulous’ benefits; and the expression ‘there isn’t any responsibilities for meticulous except of oath’ explain this subject. An especial significance and place of meticulous and fiduciary isn’t hidden for anybody. An important issue about the concept of meticulous is inexistence of bordering in an accurate way. This vacuum, explaining about meticulous, is observable especially in different article of civil law. In this research, the writer in assimilation way and the style of searching in legal texts and legal opinions, answers this question that (what does meticulous mean?). (What are the differences between the demonstration and proving in fulfillment of meticulous’ concept?) It seems that absolutely meticulous in demonstration isn’t be permitted, and also in proving meticulous will be responsible, if it is famous for its trustee.Meticulous and fiduciary is one of the oldest and the most familiar proposed concepts in every legal system. Ethicalvalue of meticulous and its special rank among people caused that it has special rank in every different legal systemtoo. Some of legal system, such as common law, express some circumstances and criteria for recognizing meticulous’qualification, and in some other legal system such as Iran, recognize that meticulous is a person whom owner or legislator had made it, as a meticulous. Furthermore the meticulous also has been investigating in a special way in a legal claim. A sentence to a lack of surety in order to losing properties is a component of meticulous’ benefits; and the expression ‘there isn’t any responsibilities for meticulous except of oath’ explain this subject. An especial significance and place of meticulous and fiduciary isn’t hidden for anybody. An important issue about the concept of meticulous is inexistence of bordering in an accurate way. This vacuum, explaining about meticulous, is observable especially in different article of civil law. In this research, the writer in assimilation way and the style of searching in legal texts and legal opinions, answers this question that (what does meticulous mean?). (What are the differences between the demonstration and proving in fulfillment of meticulous’ concept?) It seems that absolutely meticulous in demonstration isn’t be permitted, and also in proving meticulous will be responsible, if it is famous for its trustee.https://leg.isu.ac.ir/article_2803_64c31821603ab476a318839606743bd6.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420The Dissolution and Merger of the Non-Governmental Credit InstitutionsThe Dissolution and Merger of the Non-Governmental Credit Institutions2548280410.30497/leg.2020.2804FAMostafaElsanAssistant Professor, Faculty of Law, Shahid Beheshti UniversityMahdiMobayenMaster of Private LawJournal Article20190508Having a mediating role among capital holders and capital applicants in various areas, non-governmental credit institutions are very important. These institutions are directly related to people and investors, and they are responsible for financing various areas. So, any challenge in the field of their activities affect public trust in the economy of society. Therefore, proper and perfect legal mechanism for establishing, managing, and dissolving such institutions, has a great importance.
The dissolution and merger of the credit institution as same as its establishment are important. In this study, the dissolution of the credit institution is examined. In this regard, the "Regulations on the Establishment and Governance of Non-Governmental Credit Institutions", approved in 1393, which are currently the only implementation regulation in this regard, should be investigated. The regulation lonely is not sufficient, and we should consider the other relevant banking and related laws, including the monetary and banking law of the country, the Commercial Code, the Bill of Amendment of the Commercial Code adopted in 1347 , and...
The dissolution of credit institutions and merging them are discussed separately. One of the factors that will lead to the dissolution of the credit institution will be bankruptcy and cancellation of the permit. In order to prevent the dissolution of such institutions and reduce its economic and social effects, the direct intervention of government and the membership of the institutions in the deposit guarantee fund are proposed. The merger of credit institutions unilaterally and bilaterally or multilaterally should also be considered.Having a mediating role among capital holders and capital applicants in various areas, non-governmental credit institutions are very important. These institutions are directly related to people and investors, and they are responsible for financing various areas. So, any challenge in the field of their activities affect public trust in the economy of society. Therefore, proper and perfect legal mechanism for establishing, managing, and dissolving such institutions, has a great importance.
The dissolution and merger of the credit institution as same as its establishment are important. In this study, the dissolution of the credit institution is examined. In this regard, the "Regulations on the Establishment and Governance of Non-Governmental Credit Institutions", approved in 1393, which are currently the only implementation regulation in this regard, should be investigated. The regulation lonely is not sufficient, and we should consider the other relevant banking and related laws, including the monetary and banking law of the country, the Commercial Code, the Bill of Amendment of the Commercial Code adopted in 1347 , and...
The dissolution of credit institutions and merging them are discussed separately. One of the factors that will lead to the dissolution of the credit institution will be bankruptcy and cancellation of the permit. In order to prevent the dissolution of such institutions and reduce its economic and social effects, the direct intervention of government and the membership of the institutions in the deposit guarantee fund are proposed. The merger of credit institutions unilaterally and bilaterally or multilaterally should also be considered.https://leg.isu.ac.ir/article_2804_4ab52371762b735317125e6446a51e8f.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Objections to the system of grading punishments and suggestions for its correctionObjections to the system of grading punishments and suggestions for its correction4976280510.30497/leg.2020.2805FAGholam HoseinElhamAssociate Professor, Faculty of Law, University of TehranMohamad MahdiMirzaeeMaster of Criminal Law and CriminologJournal Article20190527For the first time in Iran's criminal law record, the Legislator classified Ta'zire sentences into eight general classes in Article 19 of the Islamic Penal Code 1392 and subsequently, it referred to numerous cases such as attempt, accessory, recidive and prescription which indicates the high importance of this article. The discussion of the basis of this article is the first question that arises. Jurisprudence basis of Ta'zire sentences classification including the rule of "Al-Tazir Bma-i-e-Yad al-Hakim" and the Modeling the laws of Western countries, especially the United States of American is one of the issues that will be discussed about the basis of this article. This classification has many legal effects that we will study of these effects. Effects such as determining the jurisdiction of criminal courts, Determination of procedural procedures, determination of the consequences of convictions, prescription, determination of penalties in relation to the accessory, attempt and etc.
Also we will measure the effectiveness of this article in procedure and refer to some of its shortcomings, and finally we will present our corrective headings. Meanwhile, the method of research is analytical-descriptive and a library collection tool has been used.For the first time in Iran's criminal law record, the Legislator classified Ta'zire sentences into eight general classes in Article 19 of the Islamic Penal Code 1392 and subsequently, it referred to numerous cases such as attempt, accessory, recidive and prescription which indicates the high importance of this article. The discussion of the basis of this article is the first question that arises. Jurisprudence basis of Ta'zire sentences classification including the rule of "Al-Tazir Bma-i-e-Yad al-Hakim" and the Modeling the laws of Western countries, especially the United States of American is one of the issues that will be discussed about the basis of this article. This classification has many legal effects that we will study of these effects. Effects such as determining the jurisdiction of criminal courts, Determination of procedural procedures, determination of the consequences of convictions, prescription, determination of penalties in relation to the accessory, attempt and etc.
Also we will measure the effectiveness of this article in procedure and refer to some of its shortcomings, and finally we will present our corrective headings. Meanwhile, the method of research is analytical-descriptive and a library collection tool has been used.https://leg.isu.ac.ir/article_2805_564645fbd0332f066cbd9d083ddd077c.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Legal Analysis of Prudential Regulation in Iranian Banking SystemLegal Analysis of Prudential Regulation in Iranian Banking System77102280610.30497/leg.2020.2806FAAminJafariMaster of Private LawSobhanAbbaspoorMaster of Private LawJournal Article20190612Inefficiency of banks’ checklist supervision, in face of global financial crisis especially in EU, raised prudential regulation as a new supervision tool in financial markets’ supervision, particularly banks. Because of the obligatory and legal features of these kinds of regulation, these regulations have a legal importance and functions more than economic or financial management aspects. Iranian bank system, following this global movement, has passed prudential regulation in its bank regulatory system and has developed the Iranian bank law. However, the structural and functional challenges in Iranian bank prudential regulation, has caused the efficient risk management to fail, that the root of these failures and insufficiency should be sought in the legal aspects of Iranian bank prudential regulatory system.
In order to perform a critical study on operational and functional structure of prudential regulation in Iran, in an analytic and descriptive method, the directions, regulations and laws related to prudential supervision in Iranian banking law, in light of Basel Committee Standards and Islamic principles has been studied.
To play the effective role of legal function of prudential regulation in Iranian banking system concluded that it is necessary to redefine the legal competence of prudential law makers, executors and supervisors in order to eliminate the conflict of law in three mentioned part of prudential regulatory system. Also, it is suggested to determine specifically the civil and disciplinary responsibilities of the prudential law-breakers and to define the sufficient punishment and controlling legal options like the revocation of bank license or to deprivation of professional competence of bank managers.Inefficiency of banks’ checklist supervision, in face of global financial crisis especially in EU, raised prudential regulation as a new supervision tool in financial markets’ supervision, particularly banks. Because of the obligatory and legal features of these kinds of regulation, these regulations have a legal importance and functions more than economic or financial management aspects. Iranian bank system, following this global movement, has passed prudential regulation in its bank regulatory system and has developed the Iranian bank law. However, the structural and functional challenges in Iranian bank prudential regulation, has caused the efficient risk management to fail, that the root of these failures and insufficiency should be sought in the legal aspects of Iranian bank prudential regulatory system.
In order to perform a critical study on operational and functional structure of prudential regulation in Iran, in an analytic and descriptive method, the directions, regulations and laws related to prudential supervision in Iranian banking law, in light of Basel Committee Standards and Islamic principles has been studied.
To play the effective role of legal function of prudential regulation in Iranian banking system concluded that it is necessary to redefine the legal competence of prudential law makers, executors and supervisors in order to eliminate the conflict of law in three mentioned part of prudential regulatory system. Also, it is suggested to determine specifically the civil and disciplinary responsibilities of the prudential law-breakers and to define the sufficient punishment and controlling legal options like the revocation of bank license or to deprivation of professional competence of bank managers.https://leg.isu.ac.ir/article_2806_c0f971d8cd24364f2029fcb9ac7b71f5.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420The principle of speed and up-to-date good regulation
In the Iranian administrative systemThe principle of speed and up-to-date good regulation
In the Iranian administrative system103120280710.30497/leg.2020.2807FASayyed MohamamdMahdiGhamamiAssistant Professor, Faculty of Islamic Studies and Law, Imam sadiq UniversityVahidMoeenMaster of Public LawJournal Article20190515Regulation or regulation is one of the most important functions of the executive branch, which in some cases is in the form of the preparation and approval of the rules of procedure of laws, and in others, by type of work, political or administrative authority for the performance of administrative duties, the enforcement of laws and the regulation of its administrative bodies Provisions of the law and regulations.
In some cases, his or her political or administrative authority initiates and performs administrative duties, to Providing law enforcement and regulating its administrative bodies to the enactment of the law and regulations. Meanwhile, as the principle of the hierarchy of laws and regulations requires the general policies and ordinary laws of the parliament to follow their upstream principles, The regulations of government and executive agencies should also comply with the general principles of regulation that are addressed in upstream documents, including the constitution, general policy systems, and customary laws. In the system of the Islamic Republic of Iran, one of the basic it from other political systems of the world is the principle of the legality of laws and regulations.
In this paper, the authors responded to the question that "the concept and mechanism of guaranteeing the principle of the legality of laws and regulations in the legal system of Iran? Through descriptive-analytic study, the concept of the legal principle of good regulation has been investigated; its bases in two parts of the sovereignty and legal system of Iran and its guarantee mechanism have been addressed through the Guardian Council and the Administrative Justice Court as an institution for the regulation of executive agencies.Regulation or regulation is one of the most important functions of the executive branch, which in some cases is in the form of the preparation and approval of the rules of procedure of laws, and in others, by type of work, political or administrative authority for the performance of administrative duties, the enforcement of laws and the regulation of its administrative bodies Provisions of the law and regulations.
In some cases, his or her political or administrative authority initiates and performs administrative duties, to Providing law enforcement and regulating its administrative bodies to the enactment of the law and regulations. Meanwhile, as the principle of the hierarchy of laws and regulations requires the general policies and ordinary laws of the parliament to follow their upstream principles, The regulations of government and executive agencies should also comply with the general principles of regulation that are addressed in upstream documents, including the constitution, general policy systems, and customary laws. In the system of the Islamic Republic of Iran, one of the basic it from other political systems of the world is the principle of the legality of laws and regulations.
In this paper, the authors responded to the question that "the concept and mechanism of guaranteeing the principle of the legality of laws and regulations in the legal system of Iran? Through descriptive-analytic study, the concept of the legal principle of good regulation has been investigated; its bases in two parts of the sovereignty and legal system of Iran and its guarantee mechanism have been addressed through the Guardian Council and the Administrative Justice Court as an institution for the regulation of executive agencies.https://leg.isu.ac.ir/article_2807_765d5fb115a9f6a3e0b23b80a5b2e4c4.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Civil liability of custodians Road safety in accidents caused by drivingCivil liability of custodians Road safety in accidents caused by driving121152280810.30497/leg.2020.2808FAAhmadFarahaniFaculty member of Allameh Tabataba'i UniversityMohammad MahdiKhakiMaster of Private LawJournal Article20190414One of the effects of the industrialization of human societies is the increasing use of motor vehicles by humans, which, despite the fact that human life has been facilitated, has led to many incidents involving a lot of financial and human damages, in which the above-mentioned incidents and methods of compensation for financial and physical damage Entry into the victims of these incidents is one of the major issues of civil responsibility in the current world, and these events do not only create problems for the people of the community, but also increase the social responsibilities of the state and the public nongovernmental institutions, and this is a fundamental research carried out by the library method. Try to find out That the responsibility of the Road Safety Counselors, which includes the Ministry of Road and Urban Affairs outside the city and the municipality of the city as well as the traffic police, in some cases that are responsible for the safety of the road, are to be reviewed and, ultimately, we state that the basis The responsibility of these institutions can be justified by any civil liability theory. Regarding the general rules of civil liability and the theory of the "assumption of priority of the servant on the state" and in accordance with Note 3 of Article 14 of the Law on driving offenses adopted in 2010, the responsibility of safety carriers is based on the theory of fault and cannot be caught by reference to Note 3 Article 14 of the Law on Driving Misconduct came to the strict liability theory as well as the liability of the insurance companies and the fund for damages in Article 16 of the new third-party insurance law in relation to road safety officials with the group guarantee theory because the insurer in the compulsory insurance law A third party is seeking a mechanism to expedite redress is seen.One of the effects of the industrialization of human societies is the increasing use of motor vehicles by humans, which, despite the fact that human life has been facilitated, has led to many incidents involving a lot of financial and human damages, in which the above-mentioned incidents and methods of compensation for financial and physical damage Entry into the victims of these incidents is one of the major issues of civil responsibility in the current world, and these events do not only create problems for the people of the community, but also increase the social responsibilities of the state and the public nongovernmental institutions, and this is a fundamental research carried out by the library method. Try to find out That the responsibility of the Road Safety Counselors, which includes the Ministry of Road and Urban Affairs outside the city and the municipality of the city as well as the traffic police, in some cases that are responsible for the safety of the road, are to be reviewed and, ultimately, we state that the basis The responsibility of these institutions can be justified by any civil liability theory. Regarding the general rules of civil liability and the theory of the "assumption of priority of the servant on the state" and in accordance with Note 3 of Article 14 of the Law on driving offenses adopted in 2010, the responsibility of safety carriers is based on the theory of fault and cannot be caught by reference to Note 3 Article 14 of the Law on Driving Misconduct came to the strict liability theory as well as the liability of the insurance companies and the fund for damages in Article 16 of the new third-party insurance law in relation to road safety officials with the group guarantee theory because the insurer in the compulsory insurance law A third party is seeking a mechanism to expedite redress is seen.https://leg.isu.ac.ir/article_2808_d0010a6f34908640a4a6da2389772a78.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Investigation of the principles of fair trial in criminal courts according to the Criminal Procedure Code of 1392Investigation of the principles of fair trial in criminal courts according to the Criminal Procedure Code of 1392153176280910.30497/leg.2020.2809FAHabibMohammad Ali Zadeh EshkelakDoctor of Criminal Law and Criminology,Court of Appeal of Tehran Branch 63YasserRashidiPhD student Khorasgan Azad UniversityJournal Article20190505In the Islamic Republic of Iran, following numerous criminal procedures, the penal code was finally approved in 2013. This regulation pays great attention to detail. The principles of fair trial include principles such as general guarantees, including the right to litigation, Independence and impartiality of the reference authority, the equality of defense facilities, the availability of facilities and adequate defense time, the right to face trial, the right to appeal, the right to open proceedings, the right to be heard within the reasonable period of time, the principle of opposition or opposition, the principle of the legality of crime and punishment, the principle of innocence, The right to know the charges, with the reasons for it, the right to remain silent in the investigation and giving C, prohibition of torture and other ill-treatment during investigation, the right to confront witnesses and ask questions of the other side and so on. And finally, it should be noted that this law has paid a lot of attention to the principles of fair trial than the former laws.In the Islamic Republic of Iran, following numerous criminal procedures, the penal code was finally approved in 2013. This regulation pays great attention to detail. The principles of fair trial include principles such as general guarantees, including the right to litigation, Independence and impartiality of the reference authority, the equality of defense facilities, the availability of facilities and adequate defense time, the right to face trial, the right to appeal, the right to open proceedings, the right to be heard within the reasonable period of time, the principle of opposition or opposition, the principle of the legality of crime and punishment, the principle of innocence, The right to know the charges, with the reasons for it, the right to remain silent in the investigation and giving C, prohibition of torture and other ill-treatment during investigation, the right to confront witnesses and ask questions of the other side and so on. And finally, it should be noted that this law has paid a lot of attention to the principles of fair trial than the former laws.https://leg.isu.ac.ir/article_2809_b4fd1d2cb085390fbbadae65e07876a7.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Compulsory arbitration and its implications in Iranian lawCompulsory arbitration and its implications in Iranian law177212281010.30497/leg.2020.2810FASoheilTaheriFaculty Member, Azad University, Qods BranchHosseinSharif OlyaeiMaster of Private LawJournal Article20190524The legislator sometimes considers the only solution to some of the issues being arbitrary and has led to the formation of compulsory arbitration in Iran's legal system. Therefore, arbitration or Optional is the source of the contract, or compulsory, which has legal origin. In compulsory arbitration, the parties have no discretion in referring or refusing a dispute to arbitrators, and the law requires them to refer to arbitration. Compulsory arbitration is not in any way a right to litigation, because foreclosure is true when there is no prosecution. On the other hand, litigation simply does not mean referring to state courts and referring to arbitration also provides for the right to litigation. Examples of the process of compulsory arbitration include securities market disputes, pre-sale construction, privatization, contracting, and family disputes. In this research, by descriptive-analytic method, we have defined that although arbitrary arbitration is the principle of compulsory arbitration, it is an exception to avoid prosecution, reduction of judicial cases, more speed in resolving disputes, and ... the mechanism of arbitration Compulsory evaluation is useful..The legislator sometimes considers the only solution to some of the issues being arbitrary and has led to the formation of compulsory arbitration in Iran's legal system. Therefore, arbitration or Optional is the source of the contract, or compulsory, which has legal origin. In compulsory arbitration, the parties have no discretion in referring or refusing a dispute to arbitrators, and the law requires them to refer to arbitration. Compulsory arbitration is not in any way a right to litigation, because foreclosure is true when there is no prosecution. On the other hand, litigation simply does not mean referring to state courts and referring to arbitration also provides for the right to litigation. Examples of the process of compulsory arbitration include securities market disputes, pre-sale construction, privatization, contracting, and family disputes. In this research, by descriptive-analytic method, we have defined that although arbitrary arbitration is the principle of compulsory arbitration, it is an exception to avoid prosecution, reduction of judicial cases, more speed in resolving disputes, and ... the mechanism of arbitration Compulsory evaluation is useful..https://leg.isu.ac.ir/article_2810_663772ea088360f95bac3dc7ffb841be.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420The Nature of the Forfaiting Contract in Iranian law and United States of AmericaThe Nature of the Forfaiting Contract in Iranian law and United States of America213254281110.30497/leg.2020.2811FAMohammad AliMahdavi SabetMember of faculty of Imam Sadiq UniversitySaeedHaghighiMaster of Private LawJournal Article20190504The principle of speed in the international trade requried, first to the end of business operations carry out without any delay; To achieve this, the need for liquidity will be one of the most important barriers.
Accordingly, to avoid losing business opportunities and close competition in the field of international trade, Time to lose opportunity will not come. On the other hand, new methods of financing against costly and complex methods of the past are more and more important for international trade activists and international investors. Financing method of forfaiting causes that the financial and business needs of business activists and investors to be met In the shortest possible time and in the least harmful way. Including the need for liquidity, can be met at the shortest cost, in order to survive in the best possible conditions.
In this study, considering the international laws and regulations, as well as the examination of the US Uniform Commercial Code and the domestic laws of Iran,we will explain the concept, nature and effects of the Forfaiting Agreement.The principle of speed in the international trade requried, first to the end of business operations carry out without any delay; To achieve this, the need for liquidity will be one of the most important barriers.
Accordingly, to avoid losing business opportunities and close competition in the field of international trade, Time to lose opportunity will not come. On the other hand, new methods of financing against costly and complex methods of the past are more and more important for international trade activists and international investors. Financing method of forfaiting causes that the financial and business needs of business activists and investors to be met In the shortest possible time and in the least harmful way. Including the need for liquidity, can be met at the shortest cost, in order to survive in the best possible conditions.
In this study, considering the international laws and regulations, as well as the examination of the US Uniform Commercial Code and the domestic laws of Iran,we will explain the concept, nature and effects of the Forfaiting Agreement.https://leg.isu.ac.ir/article_2811_227f6afd3b7f89b96c4bb91f95d50f6d.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420Social monitoring in religious hey'ats and their role in crime preventionSocial monitoring in religious hey'ats and their role in crime prevention255280281210.30497/leg.2020.2812FASalmanEmraniMember of faculty of Imam Sadiq UniversityHamedZare ShahneMaster of Criminal Law and CriminologyJournal Article20191224With regard to crime in human societies, "crime prevention" is considered to be the most important strategy for combating crime and crime, which is of utmost importance among various preventive measures and its types, "social prevention of crime". In social prevention, the causes and factors of crime, including the causes and factors of economic, social, cultural, etc., are investigated and their purpose is to prevent the emergence of thought and criminal decision in the minds of individuals that special attention to this type of prevention Institutions and social groups such as family, school, peer group, etc. Among these institutions and social groups, Religious hey'ats have many capacities and functions that, unfortunately, have been somewhat neglected.
Religious hey'ats, as a social institution of the people, can, in the case of "correct explanation" and "adherence to certain principles," by liberating their capacities and operating their functions, have a special place in crime prevention, and vice versa; if this institution correctly It can not be explained or adhered to the principles governing it, and it can cause distortion and distortion. In this paper, social monitoring is described as one of the main functions of religious hey'ats that has an effective role in preventing crime, and has been dealt with in various aspects and how it functions in prevention. It should be noted that religious hey'ats have many functions that are addressed here only to its main function.With regard to crime in human societies, "crime prevention" is considered to be the most important strategy for combating crime and crime, which is of utmost importance among various preventive measures and its types, "social prevention of crime". In social prevention, the causes and factors of crime, including the causes and factors of economic, social, cultural, etc., are investigated and their purpose is to prevent the emergence of thought and criminal decision in the minds of individuals that special attention to this type of prevention Institutions and social groups such as family, school, peer group, etc. Among these institutions and social groups, Religious hey'ats have many capacities and functions that, unfortunately, have been somewhat neglected.
Religious hey'ats, as a social institution of the people, can, in the case of "correct explanation" and "adherence to certain principles," by liberating their capacities and operating their functions, have a special place in crime prevention, and vice versa; if this institution correctly It can not be explained or adhered to the principles governing it, and it can cause distortion and distortion. In this paper, social monitoring is described as one of the main functions of religious hey'ats that has an effective role in preventing crime, and has been dealt with in various aspects and how it functions in prevention. It should be noted that religious hey'ats have many functions that are addressed here only to its main function.https://leg.isu.ac.ir/article_2812_f3b7e5d3eb074cde5b76e26bc0fb5776.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420The nature and status of cyberspace regulation in IranThe nature and status of cyberspace regulation in Iran281314281310.30497/leg.2020.2813FABagherAnsariFaculty member of Allameh Tabataba'i UniversityRoohollahAlvandnejadMaster of Public LawJournal Article20190411Regulation in the domain of cyberspace is one of the new concepts and the coordinates of the modern society. The main question of the article is what are the properties of the regulation of the Iranian cyberspace and through which duct it has been created in the Iranian legal system. In addition, we want to find out the similarities and differences between iranian legal system and the similar institutions in China. It seems that the institution and structure of regulation of cyberspace in China in different aspects has more similarities with the Islamic Republic of Iran and in some cases it can be an example for Iran.
Within Iran, the Supreme Council of the Cyberspace is the central trustee and pivot of the regulation of virtual scope regulation, and the other organizations to be competent in any part of regulation of the cyberspace should have a legal source that is positive for their competence and exceptional on the common competence of the Supreme Council of the Cyberpace. Although, during the discussion, several library sources of Persian and Latin have been used, but the main bases of the thesis, whether in Iran or foreign countries, laws in countries and international institutions, principles and rules of public law.Regulation in the domain of cyberspace is one of the new concepts and the coordinates of the modern society. The main question of the article is what are the properties of the regulation of the Iranian cyberspace and through which duct it has been created in the Iranian legal system. In addition, we want to find out the similarities and differences between iranian legal system and the similar institutions in China. It seems that the institution and structure of regulation of cyberspace in China in different aspects has more similarities with the Islamic Republic of Iran and in some cases it can be an example for Iran.
Within Iran, the Supreme Council of the Cyberspace is the central trustee and pivot of the regulation of virtual scope regulation, and the other organizations to be competent in any part of regulation of the cyberspace should have a legal source that is positive for their competence and exceptional on the common competence of the Supreme Council of the Cyberpace. Although, during the discussion, several library sources of Persian and Latin have been used, but the main bases of the thesis, whether in Iran or foreign countries, laws in countries and international institutions, principles and rules of public law.https://leg.isu.ac.ir/article_2813_39d352b0395ba768e18f042c6e2a8621.pdfImam Sadiq UniversityGovah Legal Education2645-64006120200420The Evolution of State of Emergency in Canadian Legal SystemThe Evolution of State of Emergency in Canadian Legal System315338281410.30497/leg.2020.2814FATavakkolHabib ZadehAssociate Professor, Faculty of Public Law, Imam Sadegh UniversityMohammad MeysamNaddafpourPhD student of Public LawJournal Article20190504State of emergency is one of the inevitable realities of any political system. The how governments confront with state of emergency and legal framework of this confrontation is an important challenge in Public Law in different countries. Although Iran is subject to natural and abnormal crises, it has no coherent laws in its legal system and Article 79 of the constitution of Iran stipulating the state of emergency is abandoned. This article examines how one of the modern legal systems, especially Canada, confronts with state of emergency as a preliminary studies to predict desirable legal status of that confrontation in Iran. So it is answered in this article that how Canadian government confronts with annoying issues disrupting security, and how legal system of Canada recognize the State of Emergency. This study expresses Canadian emergency regime by a descriptive-analytical view in the historical context. According to a preliminary study of some laws of the Canadian Parliament, it was assumed that in emergencies, Canada would also by enacting and enforcing a parliamentary law declare a state of emergency with a variety of emergencies over a given period of time with limited powers of government. But the study of historical behavior of Canadian government has shown that the conditions in our hypothesis are in the laws, but not in practice; and other mechanisms such as the suspension of a part of “the Canadian Charter of Rights and Freedoms” and in particular the enacting of "anti-terrorism legislation" have been enforced federally in the post-9/11 period.State of emergency is one of the inevitable realities of any political system. The how governments confront with state of emergency and legal framework of this confrontation is an important challenge in Public Law in different countries. Although Iran is subject to natural and abnormal crises, it has no coherent laws in its legal system and Article 79 of the constitution of Iran stipulating the state of emergency is abandoned. This article examines how one of the modern legal systems, especially Canada, confronts with state of emergency as a preliminary studies to predict desirable legal status of that confrontation in Iran. So it is answered in this article that how Canadian government confronts with annoying issues disrupting security, and how legal system of Canada recognize the State of Emergency. This study expresses Canadian emergency regime by a descriptive-analytical view in the historical context. According to a preliminary study of some laws of the Canadian Parliament, it was assumed that in emergencies, Canada would also by enacting and enforcing a parliamentary law declare a state of emergency with a variety of emergencies over a given period of time with limited powers of government. But the study of historical behavior of Canadian government has shown that the conditions in our hypothesis are in the laws, but not in practice; and other mechanisms such as the suspension of a part of “the Canadian Charter of Rights and Freedoms” and in particular the enacting of "anti-terrorism legislation" have been enforced federally in the post-9/11 period.https://leg.isu.ac.ir/article_2814_8e987cf1b2f1f6ffa6a43066798b4b7f.pdf