نشریه دیدگاه های حقوق قضایی
پیاپی 72 (زمستان 1394)

Victims respect as the Holy One side of the triangle offense, including developments in a situation where the victim is seen in the process of criminal justice. Necessity fair trial resulted in the birth and consolidation of fundamental rights of the parties in the criminal case was this process, although this growth and development than the victim was not very quick and easy. Code of Criminal Procedure, the law outlines a fair trial in the first quarter and the same material, the rights of victims to be recognized and the appropriate guarantees for forecasting. Classification and analysis of these rights in the preliminary inquiry is the subject of the present article.

Procurement means Preparing for access to goods and services of an external source. Procurement process is based on the principle of non-discrimination, equal treatment, mutual recognition, proportionality and transparency. In this article the answer given to this question, whether Act of the jurisdiction of Islamic Republic of Iran's Institute of justice ýfor trying civil actions against foreign states act of 1999 can compensate loss and damage to Iranian companies by effect of sanctions? And it will be considered as a priority rule, the dispute resolution procedures set out in the context of public procurement contracts or not? To answer this question it must be said, although the law. There is more political and it was enacted in contrast to the actions of foreign governments, however, Due to its contents, it can be invoked, the right of companies in Iran. Although there are many difficulties in this type of litigation proceedings in judgment and the implementation phase.

Law of evidence in administrative proceeding, has an undeniable significance to guarantee citizens’ rights and freedoms and to guarantee the principle of “Rule of Law” . By predicting the system of free law of evidence in administrative proceeding, this opportunity will be provided for citizens to use all reasonable evidences to reach their rights and get disengaged from the usual current limits in the system of legal law of evidence . From the other side, imposing the burden of proof on a citizen who claiming violation of the principle of “Rule of Law” by the administration department will be a crucial obstacle in realization of administrative proceeding targets, thus this is necessary to adjust the rule of “ the burden of proof by the claimant” in administrative proceeding and make the administrative department “responsible” too in a way that the administrative office be obliged to clarify and explain the appealed decision reasonably and on a basis. Of other necessary mechanisms for
realization of administrative proceeding targets is to predict the active participation of the administrative judge to discover reality and to enforce justice. The administrative judge should do the necessary researches to make sure of realization of the principle of “ Rule of Law” so that by this arrangement the inequality between the administrative department and the citizen in the administrative proceedings get compensated to some extent and the citizens’ rights and freedoms get guaranteed.

Sanctions have always been imposed to achieve certain goals. Security Council which is responsible to maintain international peace and security, can impose sanctions under article 41 of the U.N Charter to implement its decisions. On the other side, states also unilaterally impose sanctions against others to achieve their national goals and interests. In this context, sanctions are seen as a tool in line with foreign policy purposes. It is evident that imposition of sanctions is the sole responsibility of the Security Council in accordance with the Charter, which is bound to the provisions of the Charter, and the states have been prevented to impose unilateral coercive measures including sanctions out of this context. States actions against each other out of the Charter, has been separated from sanctions and named countermeasures according to the ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts. Sanctions either imposed by the Security Council or unilaterally by the states, will affect seriously enjoyment of basic human rights by the individuals

“Parole” is the opportunity that given to prisoners before ending their conviction period to if they behave properly during the time that the court determines and enforces court orders, benefit from absolute freedom. It is always assumed that this leniency institution besides restoring principle of individualizing punishment, facilitate the social compatibility and rehabilitating persons convicted to prison. In this regard, the Iranian legislator also made ​​use from this criminal establishment in different laws and regulations and in Islamic Penal Code 1392 has created significant and worthy changes in the parole system than the Penal Code acted 1370. The present study in addition to addressing generalities on the issue and survey of changes in new Islamic Penal Code in the field of parole notes and emphasizes on the legislative new approaches in this field. Necessity use of parole for first time, need to endure third of punishment for convicts until ten years imprisonment and including parole period to remained time of the sentence are major changes of new law, and use of electronic surveillance for convicts to imprisonment in crimes, with degree of five up to eight are absolute innovation of legislator in this field. Generally, terms of using parole has been easier from different aspects in new that is an admirable action; although it should wait to approve executive regulations for these rules and judge its enforcement in actual.