جستجوی مقالات مرتبط با کلیدواژه « حقوق شهروندی » در نشریات گروه « فقه و حقوق »

As a supporter of individual and social rights, the judiciary has obligations to protect people's rights, which is within the legal jurisdiction of this branch. Part of the judiciary's obligations in this regard are carried out through the prosecutor. The public prosecutor is a judicial official who officially accuses people of committing a crime and prosecutes them in court. The purpose of this article is to examine the question of what duties and obligations does the prosecutor have in the legal system of Iran and the United States of America in the pursuit of public rights? The present article is theoretical and by using the descriptive-analytical method and in a library form, it has explained the tasks and actions of the prosecutor in the preservation of public rights and citizen's rights. The findings indicate that according to the Constitution of the Judiciary, and accordingly, the prosecutor and the related cyber authorities in this branch should guarantee public rights and deal with the factors that violate these rights in line with their duties. In fact, the feeling of justice and trust in the judicial system is provided to the people as a result of the judicial supervision of the provision and fulfillment of the rights of the citizens. In American law, the prosecutor has important duties in front of public law and civil rights, which must perform these duties fairly and impartially and seek to guarantee justice and the rights of individuals.

Security is one of the fundamental categories of citizens' lives, which interacts with the occurrence of crime and its prevention. Dependence on absolute security is not compatible with human life and is against the enjoyment and application of some rights, including the right to privacy. Prevention of crime is not only limited and exclusive to the actions after the crime, and during the commission of the crime and before it is also possible, the government in the general sense of the word, i.e. the governing powers of the legislature, the executive and the judiciary, take measures in order to realize the prevention of the crime. give Although privacy is essential in many cultures and societies; But sometimes and in case of conflict, it is possible to violate it. Of course, these violations are relative and may be different in some societies than others. The purpose of this research is to explain the consequences of the security of criminal law, which is in conflict with the violation of privacy, and the main question is what components of security-oriented prevention have the possibility of conflicting with the privacy of citizens. have? This research was done with a descriptive-analytical method and in the form of a library. The result is that the government should exercise its supervisory role in an exceptional manner and not intervene in the areas related to privacy except in the case of expediency and necessity.

Money laundry is a concerning offence regarding financial _ administrative corruption; which endangers and mischeives the economical benefits of countries. Thus in recent years specifically since 9 11 disaster in the USA, a pessimistic security approach is taken to pursue adjudicate and punish criminals in various states all over the world. The focal point in a security orientated approach in economical offences and specially money laundry is the rules of prosecution, interrogation, adjudication, burden of proof, evidence, accused and officials rights and duties.Since money laundry is a complicated offence because of white collar offenders who have access to escape solutions and power houses, it is essential to submit an espesific procedure rule to guarantee accused fundamental rights and secure the states economical benefits which concerns its national

Administrative corruption is a global problem and the biggest obstacle to reform and progress in any country. Administrative corruption which is rooted in the administrative system and the administration of government affairs is a problem plaguing most of the developed and developing societies. This kind of corruption becomes more apparent with the forward movement of societies and causes disruptions in the development process. Administrative corruption is considered one of the chronic diseases and the oldest injury of the administrative system because it is a cognate phenomenon of the government. As long as human activities take an organized form, administrative corruption emerges as a result of internal interactions with the environment. Since the most important political capital of governments is the people’s trust in rulers and all kinds of corruption, especially administrative ones, undermines this trust, it is an undeniable necessity to deal with corruption in the administrative field. This paper adapts Iran’s administrative organizations to the samples of administrative corruption in Islam and its coping methods based on an analytical-descriptive research method. It also provides a comprehensive and systematic idea about the solutions to fight against administrative corruption based on the Islamic sources and related laws of the Islamic Republic of Iran, considering the place and importance of the government’s role in the material and afterlife excellence of human beings. Finally, it was concluded that according to Islamic sources, the prevalence of corruption in society has closed the path of many social and national developments and has put huge costs on the shoulders of the country and the people. We need basic programs in Iran to eliminate or reduce corruption in the administrative system and society.

The growth and promotion of people's position in the legal systems have caused the recognition and guarantee of citizenship rights to become one of the most important standards for monitoring laws and regulations and measuring the establishment and functional desirability of institutions and executive bodies. Considering the foundations of the establishment and the position of the Administrative Court of Justice in guaranteeing citizenship rights, the position, structure, and Jurisdiction of this institution have been measured and evaluated based on citizenship rights. The result shows that the valuable position of this institution in the protection of civil rights provides the basis for promoting the independence of this institution and as a result, guaranteeing the maximum of citizens’ rights provided that it should be placed under the supervision of the first person of the country. In the structural dimension, the establishment of the Court of Justice's Prosecutor's Office to actively monitor government and general regulations, as well as the creation of court branches in the provinces and, if necessary, in the cities, provides the basis for the realization of the principle of the availability of the court. In addition, in the structural dimension, by removing some elements and modifying some processes, it is possible to prevent the unnecessary delay of proceedings, which seriously violates the rights of citizens. In terms of jurisdiction, taking into account that filing a lawsuit in the court as an institution that supports the people against individuals and institutions with public authority has been one of the most important ways of protecting the rights of citizens in the mind of the constitutional legislator. Adding to the jurisdictional exceptions of this judicial authority through the approval of normal laws, government regulations, and also the judicial procedure as it has become customary in the current system governing this institution, is considered to be a clear violation of the citizenship rights of individuals.

Today, in the legal literature of the modern state, the rights and privileges of citizens have a high place. Some have divided citizenship rights into three categories: civil, political and social rights, which include the most important rights of citizens. Since the constitution is a kind of instrumental mechanism to guarantee social order, provide the wishes of the individual and the limits and scope of the government's authority, its purpose is to protect the public and individual rights and freedoms of human against the inherent aggression of the political power structure. In the discussion of the constitution and citizens' rights, it is both rational and appropriate to accept a definitive assumption that no constitution can inherently remain silent regarding the rights of citizens; Rather, the most fundamental part of any constitution is declaring the basic rights and freedoms, especially the political rights, of citizens. In the legal system of Iran, the rights and privileges of citizenship were considered and taken into account first in the amendment to the constitution, then with the occurrence of the glorious Islamic revolution and the foundation of the Islamic Republic system, the political rights of citizenship were broadly and explicitly included in the constitution of the Islamic Republic of Iran was considered. On the other hand, in international law, especially in international documents, it recognizes the rights of individuals and especially the political rights and obligates governments to comply with these international rules. Based on this, the researcher, with the descriptive-analytical and data collection method, following the nature of the research, the library method, seeks to answer the following questions: Has the constitution legislator predicted political examples of citizenship rights in the constitution? Are these examples used in international documents? And what affinity can there be between them? Anyway, after reviewing the materials, it can be seen that the legislator has considered examples of political rights for citizens both in the constitution and in international documents. These examples have a lot of similarities considering that human nature and human being are meant to be human.

Religious minorities are those citizens of the Islamic State who adhere to Islam and are granted citizenship rights within a contractual framework. Using an analytical method, this study tries to explain the distinction of this minority in political rights. It bases its analysis on the theory of citizenship rights, necessitating a linkage between citizenship and the right to political participation. The study refutes the competing hypothesis based on the differentiation between types of human dignity, considerations related to the principle of "Nafye Sabil" (denial of dominance), and the contract of protection (Ahd Dhimma). It proves its hypothesis that differences in citizenship rights, except where democratic considerations necessitate adherence to the majority's general will in society management or where there are valid concerns about the minority’s loyalty, do not form distinctions in political citizenship rights. Minorities, as citizens, have the right to nationality and the right to vote. In elected positions subject to Shari'a, they can compete for election, and for both rights, they can have political organization. Therefore, it is suggested that some provisions of electoral laws and parties be amended.

Citizenship rights, culture and justice are among the concepts that are interrelated in a conceptual network. These three concepts state that everyone is responsible for their work and action, and this responsibility may be criminal or civil. Civil responsibility, as a general and comprehensive rule, governs natural and legal persons under public law and private law. The police, as one of the legal entities of public law, has legal duties and responsibilities, and the implementation of these responsibilities may in some cases lead to the violation of citizens' rights. This violation of rights will definitely lead to civil liability of the police in some cases. The present research has investigated the civil responsibility of police officers in a descriptive-analytical manner and in a library manner from the point of view of jurisprudence and law. The result of this research is that if the police commits a mistake that is beyond his control and because of this causes damage to persons (both real and legal), the relevant organization must compensate for the damage; even if the wrongful officer has committed a fault in performing his duty. However, considering the fault of the erring agent, the relevant organization on behalf of the government can demand damages from the erring agent and may even consider a disciplinary violation for him

Paying late payment damages by the government to citizens is accepted in many legal systems, and whenever damage is done to citizens due to the actions or omissions of the government, the government is obliged to compensate the damages. However, in the Iranian legal system, this issue has faced many challenges and demanding damages and receiving them from the government does not have a proper place in the judicial and administrative system of the country, and the laws and opinions issued by some authorities in recent years have confirmed its non-fulfillment. In the past years, the non-payment of late payment compensation was not very important due to the low inflation rate, but the economic developments of the last decade and the unprecedented increase in inflation and the significant jump in prices have added to the importance of the issue, and if the old routine continues, the citizens will face a lot of losses. In this paper, using a descriptive-analytical method, and scrutinizing manner, the legal principles such as the principle of equality of persons before the law, the principle of fairness, the principle of non-discrimination and the principle of the necessity of compensation, the existing judicial procedure and the non-payment of this damage by the government have been criticized and this lack of payment has been investigated as a violation of the fundamental rights of citizens.

Citizenship is a legal concept that emerges within the framework of a specific nation-state. Citizenship rights refer to a set of entitlements that individuals enjoy by their membership in a particular country. Unlike the universality of human rights, citizenship rights have regional and local dimensions that governments have addressed in their documents and laws. The establishment of a set of rights called "citizenship rights" in any society will be effective and meaningful only when it aligns with the cultural, social, political, and legal conditions of that society. Given the human rights perspective, adherence to Islamic principles, and the cultural and social diversity in our country, it is necessary to identify the essential components and indicators of citizenship rights that are compatible with the model of the Islamic Republic of Iran.
This research first delves into the conceptual analysis of the terms "right" and "citizen" to explain citizenship rights and their relationship with human rights. Through this analysis, the study aims to outline the necessary components of citizenship rights to make them more effective and operational within the framework of the Islamic Republic of Iran.

Ayatollah Seyyed Mohammad Hosseini Beheshti is considered one of the most prominent founders of the Islamic Republic of Iran, as his name is associated with the name of the Constitution, the rights of the nation and the rights of citizens in the history of the Islamic Revolution. The present descriptive and analytical essay has been written with the aim of explaining and understanding the elements of citizenship rights in the thought of Ayatollah Beheshti as one of the prominent jurists and jurists of the Islamic Revolution. The findings and results show that Ayatollah Beheshti, due to his familiarity with religious foundations and familiarity with schools and political systems, as well as his detailed knowledge of the conditions and requirements of the country, played the greatest role in explaining the elements and components of citizenship rights such as the right to freedom, the right to social justice and the right to security in the early years of the victory of the Islamic Revolution, he was able to include these elements in the constitution of the Islamic Republic in the process of drafting, compiling and approving it, as well as legally establishing the rights of citizens and democracy, and guaranteeing the safety of the society from the return of tyranny and autocracy.

Citizenship rights are the set of fundamental rights that a person has as a citizen, which includes the principle of legitimate freedom, the principle of acquittal, the right to access a lawyer, the right to access a competent court, etc. The constitution has given special attention to these rights and the Islamic Council has protected them in the law respecting legitimate freedoms and protecting the rights of citizens. Every human being is a human being regardless of his/her thoughts, ethnicity, and language, and as a human being, he/she has human dignity and rank; for this reason, his human dignity cannot be undermined with any excuse. On the other hand, every person in any society has a series of fundamental and necessary rights that must be respected and protected by the government. Based on this, the present research aims to compare the single article of the Law on Respecting Legitimate Freedoms and Protecting Citizen Rights and answer the question whether the concept of freedom and examples of freedom are the same in both human rights and citizenship rights documents. This article is of a descriptive-analytical type and its results showed that due to the security orientation of the new law in accepting citizenship rights, the legislator has considered the aspects of caution and in some cases has set some limits regarding the claim of moral damages.

In recent decades, Muslim thinkers have grappled with the crises facing the Islamic world, especially in Arab countries such as Egypt, Libya, Yemen, and Syria. The persistent conflicts and the contradiction between the rights of Muslims and non-Muslims have led to the realization among Muslim intellectuals that political and legal structures need reformation. These structures, often incompatible with modern Western legal norms and democratic ideals, have posed significant challenges to the concept of "citizenship," a cornerstone of democratic societies. In response to these challenges, neo-Mutazilites, including thinkers like Nasr Hamed Abu Zaid, Mohammed Abed al-Jabri, and Hassan Hanafi, have utilized modern methodologies such as linguistic analysis and philosophical hermeneutics to re-examine Quranic texts.This research focuses on Nasr Hamed Abu Zaid's perspective on citizenship rights, exploring how he proposed a theory of citizenship in Islamic societies by employing modern human sciences methodologies like linguistics and hermeneutics. Abu Zaid argues that citizenship rights are rooted in humanism, emphasizing that the concept of citizenship has not been fully realized in most Islamic societies due to the lack of freedom of opinion and expression. He asserts that to establish citizenship rights, fundamental components of human rights such as freedom must be acknowledged. Abu Zaid aligns his views with the first article of the Universal Declaration of Human Rights, emphasizing the inherent freedom and equality of all human beings. In his perspective, every individual possesses the power of reason, granting them the right to participate as active citizens.Abu Zaid challenges traditional notions of identity in Islamic societies, asserting that identity is often solely related to religion, neglecting other aspects. He connects this discussion to the concept of pluralism, highlighting the need for a broader understanding of identity in the discourse of citizenship. Additionally, Abu Zaid employs hermeneutics to contextualize the Quranic texts within historical and cultural frameworks. He argues that religious texts, including the Quran, are influenced by their cultural and historical contexts, requiring linguistic analysis to interpret them in accordance with contemporary conditions.Critics have questioned Abu Zaid's approach, particularly concerning the definition of "text" and the use of modern humanities methods to interpret divine matters. Despite these criticisms, Abu Zaid's vision aligns with Western thinkers like John Locke and Jean-Jacques Rousseau, emphasizing that rulers cannot arbitrate all religious matters for citizens. He advocates for freedom of opinion as the foundational principle for achieving citizenship, believing that human rationality should guide the roadmap for the post-prophetic era. Abu Zaid's unique interpretation of Sharia focuses on creating a citizenship custom where religious morals replace mere legalities, emphasizing the symbiotic relationship between the rule of law and citizenship.

One of the important indicators of evaluating people's satisfaction with government agents is their performance in fulfilling the citizenship rights of members of society. In such a way it is possible to see a significant correlation between people's satisfaction with the government and the government's performance in complying with the citizens' rights. In this regard, one of the indicators that can lead to people's satisfaction with the government is the government's insistence and effort in realizing citizen's rights. However, governments are facing challenges in realizing this goal, which, if not paid attention to, can cause serious damage to the realization of citizen's rights, and this will lead to people's dissatisfaction with the government. In this regard, one of the requirements of the government is to identify these challenges and solve them. In this regard, the question arises as to what are the most important challenges for the government to advance in the realization of citizens' rights and what solutions the government anticipates to deal with them. This research, with the benefit of a descriptive-analytical method and the use of library resources and interviews with experts in this field, damages such as the lack of familiarity of statesmen and citizens with the concepts and principles of citizenship rights, the lack of a suitable framework and structure for people to protest against government decisions, and so on. has been listed as the challenges of advancing the maximum realization of citizenship rights. In this regard, this research suggests solutions such as using the capacities of the media, education, and practical commitment to Islamic requirements to solve these challenges

Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.

The criminal investigation process related to the citizen's rights in the criminal justice system has important dimensions, components and indicators, which are necessary and necessary for the defendants to comply with, and it is appropriate for criminal investigation experts to have special knowledge and attention to it. Therefore, the current research has been carried out with the aim of explaining the position of citizenship rights in the criminal investigation process.

In terms of purpose, the research is practical, and in terms of the nature of the data and the method of implementation, it is qualitative and exploratory. The method of analyzing related scientific documents and laws has been used for data analysis. For this purpose, relevant legal provisions such as international laws, the Constitution of the Islamic Republic of Iran, the Islamic Penal Code approved in 2013, the Criminal Procedure Law approved in 2013, the single article of the Law on Respecting Legitimate Freedoms and Protecting Citizen Rights approved in 2004 and other domestic and foreign laws that They were selected purposefully and in the third time of the study, theoretical and thematic saturation was reached and 7 experts approved, and MAXQDA software was used for qualitative content analysis.

159 basic themes have been extracted, which include 30 organizing themes and 3 inclusive themes, including laws and citizenship rights related to the defendants in the criminalization process in three processes: 1-Crime detection (prohibition of eavesdropping and control of telecommunication communications - inspection and inspection of the homes and workplaces of the accused - search and inspection of the homes and workplaces of some government officials), 2- preliminary investigations (feeling of the safety of the accused during interrogation - the investigation must not be delayed - compliance with the regulations of the investigation of the accused - avoiding torture during interrogations - avoiding discrimination between litigants - speeding up the processing of cases - Lawful interrogation, 3- Persecution of the accused (the right to compensation for the accused's losses and damages - The right of the accused to benefit from the principle of acquittal - The principle of prohibiting the arrest and detention of people - Prohibiting the arrest of the accused for more than 24 hours - Notifying the reasons for the arrest - Notifying the family - period Under its review and extension, the right to explain the accusation, the right to object the accused, the right to remain silent, the right to a medical examination, the right to have an interpreter, the right to be interrogated without torture, the absolute prohibition of torture, the observance of the principle of innocence, the right to have a lawyer, and the right to be interrogated under legal conditions.

The prosecutor's office according to the criteria of the" investigative procedure" In which preliminary research is secret and written and non-profit, Is responsible for gathering the evidence of the crime and completing the case and defending the interests of society. In addition, the prosecutor's office as a party to the public lawsuit, also has duties in relation to the observance of the fundamental rights and citizenship rights of the plaintiff and the accused and witnesses and  informed persons. The necessity of respecting the fundamental and citizenship rights of the accused requires determining the enforcement guarantee to prevent their violation. Something that has not been considered in the background of citizenship rights researchs. The main question is what guarantees are provided for the observance of the fundamental and citizenship rights of the accused, based on human rights standards in the constitutional and ordinary laws? This issue has been studied by descriptive theoretical and legal analysis in this article, and four types of sanctions have been identified for it. Sanctions provided in the Iranian judicial system for the protection and observance of the fundamental and citizenship rights of the accused by the judicial authorities and judicial officers are as follows: invalidity of decisions and actions that violate the fundamental and citizenship rights of the accused, the disciplinary actions supervising the restrictions and professional deprivations of the investigating authorities, Punishment for illegal actions and decisions that violate the defence and citizenship rights of the accused and civil liability for compensation to the accused, which are categorized and examined in separate headings in this article.

Citizenship is a legal relationship between citizens and the government, based on membership in a political system through citizenship. Citizenship rights are a set of rights and privileges that are granted to citizens in the legal system of a country. These rights have been established equally for all citizens and guarantee the protection of their rights against the encroachments of the government and other powerful social groups and classes. According to the Convention on the Status of Refugees, a refugee is a citizen who stays outside the country he was previously in to escape or fear racial, religious, ethnic and national persecution, or to be a member of a particular social group or have political opinions. And he is deprived of the support of his home state, and on the other hand, since he does not have the citizenship of the refugee-receiving country, he is deprived of the rights of citizenship in that country. Of course, the refugee's deprivation of citizenship rights in developed countries is different from developing countries. This research with descriptive-analytical method seeks to answer the question that in a situation where refugees have the same citizenship rights as others in the host countries, do refugees have the desire to return to their countries of origin? The findings of the research indicate that in a country where refugees can enjoy the rights of citizens to enjoy a decent life, regardless of whether the conditions that caused their displacement have disappeared or not, they tend to stay.

Participatory democracy, which seeks to create continuous and daily participation of people in the administration of public affairs, is a transformative relationship between the administrators and the governed and the reason for the transformation of the special functions of governments. The implementation of participatory democracy in Iran's administrative system creates huge changes in the way local affairs are administered and public services are provided, public supervision, the right to be heard and the role and performance of councils. In this article, in a descriptive and analytical way and using library sources, the influence of this type of democracy in the evolution of administrative law in Iran and the role it can play in the expansion of democracy in Iranian society have been further explored and scrutinized. The results of the research show that although the administrative law system of the Islamic Republic of Iran has thought of measures for the role of the people in the administration of affairs, these cases do not ensure the continuous participation of the people in the administration of public and urban affairs and fundamental changes should be made in administrative law and the government's approach to the role It was citizens.