فهرست مطالب احمد اسدیان

Moral imperatives, along with public order, have been accepted as one of the important restrictions in both the domestic legal system and the international legal system. This restriction should of course be interpreted very narrowly, considering the importance of establishing international relations, like public order. Ethical requirements become more important in the field of the implementation of international judgments, because the executive code of votes has not been specified, especially in the framework of the International Court of Justice, and we only deal with Article 94 of the United Nations Charter in this regard. The purpose of this research is to examine the rules and standards of ethical requirements in the implementation of international judgments in the framework of government governance.

The two obstacles that traditionally affect the execution of votes, whether domestic or international, are public order and moral imperatives. Ethical requirements refer to those rules and obligations that are related to traditions and fundamental cultural relationships. Ethical requirements are those moral requirements that are so important in a society that their violation will face a strong reaction from the society of the target country. It should be said that if the international obligations of the governments clash with their most fundamental domestic concerns, i.e., the basic laws, there will be a possibility of non-fulfillment of their obligations and lack of international responsibility in this field.

Justice is the main concern of philosophers and thinkers, has left its most important impact on the science of law. Along with the development of human societies from ancient times to the formation of modern governments, philosophers have offered various definitions of justice. The concept of justice is considered by Greek philosophers as the basis for the formation of this concept in the structure of political societies. Coinciding with the developments of the Middle Ages and the beginning of the Renaissance, law was mixed with another form of justice. Concepts such as just war led to the notion of justice as the most fundamental goal of law. Has enjoyed. In particular, this development has been well reflected in the distributional justice that governs state sovereignty. In this article, the concept of justice among philosophers and its developments from ancient times to the era of modern governments have been studied and concepts such as equality and justice have been considered as alternatives to justice.

The subject of this article is the basis of political power. In any society, political power is an established matter in its civil domain and undoubtedly needs a foundation. The main question of this research is what is the basis of political power in Imami jurisprudence and Imam Khomeini's political thought and what indicators and criteria does it have. At first, this research has studied and investigated the basis of political power. Then he followed this concept in the theoretical literature of Imami jurisprudence. Further, by examining the theoretical system of Imam Khomeini's political thought, he has shown what importance this basic and central concept had in his political discourse. Then, by making several indicators and criteria, he has compared and equated these two intellectual devices with each other. This research has reached the conclusions that political power in Imam Khomeini's thought has a dual and mixed basis, in which there are not only elements of divine sovereignty, but also elements of low-to-high power theories. On the other hand, this dual and combined basis has been able to respond to the requirements of the modern world while preserving tradition and adhering to the pillars of traditional jurisprudence. The research method is comparative and the data collection method is documentary and library.

AbstractIn the current era of the legislature of each country, in addition to establishing the rules governing the legal relations of the citizens of that country with each other or the government, the regulation of the rules governing relations with foreign nationals in its territory on the one hand right and on the other its duty Counts.One example of jurisprudence is financial law, which includes the right to own immovable property, employment, and movable and immovable property transactions. People residing as foreign nationals in other countries are usually deprived of financial rights in some cases, or at least have restrictions. Among the rights that have restrictions and deprivation and do not have full rights are public, private and personal status issues that the host countries have provided special treatment for such foreign nationals. In domestic law of Iran, in accordance with international regulations in civil law, including Articles 961 and 962 of the Civil Code, the rights of foreign nationals are defined and described, and while repeating the rule of conflict, the rights of foreigners in certain areas are subject to certain conditions, including behavior. Reciprocity between government is known.

Having a complete and accurate system for monitoring and control is one of the most important and vital pillars in a healthy and efficient management. All institutions, organizations and ministries that use public funds have legal duties and powers within which they are only allowed to operate. Usually, these duties and responsibilities are mentioned in the statutes of these organizations or the law of their formation; But there is no denying the constant desire of some managers to shrug off the do's and don'ts and to act on their own accord. Monitoring in all public institutions is necessary. One view holds that the municipality is a public institution and in this respect is under the supervision of the Court of Audit. Another view is that the Court of Audit only monitors the consumption of the state budget and the municipality's revenue is excluded from the scope of the Court of Audit because it is not part of the national budget. This study was conducted with the aim of investigating the supervision of public institutions with an emphasis on municipalities as a library. The results of this study confirm that the principles of power control in fact analyze the arguments and foundations of the legitimacy of power control. From the content and documents of this article, it is well inferred that the Iranian constitutional system, relying on political ideas and Islamic sources, is sensitive to the density of power and the possibility of its unbridledness and aggression, and therefore in this system Power and its control and limitation have been taken very seriously, and several principles have been proposed for this purpose, which well justify the need to control power.

Legislative oversight is one of the most important issues in constitutional law today. In this article, we will deal with this issue in relation to the rule of law and democracy and the forms of its crystallization and application in different countries. The main question is; "What are the principles, structure and procedures of the work and duties and powers of the Guardian Council of Iran and the US Supreme Court?" Therefore, we will examine the position of the "Constitutional Guardian Council of the Islamic Republic of Iran" and the "Supreme Federal Court of the United States" in the legislative process. First, we examine the theoretical foundations and historical roots of this verb, then the structure and ritual of work, and finally, the competencies of the two institutions. As a result, there is a huge difference between the two institutions that has emerged from the history of the two countries. The main question of the research is: "What are the principles, structure and procedure of work and duties and powers of the Guardian Council of Iran and the US Supreme Court?". Accordingly, three sub-questions have been formed, which are: What are the theoretical foundations and historical roots of playing an institutional role outside the parliament in the legislative process? "What are the differences and similarities between the structure and procedure of the Guardian Council and the Supreme Court?" ".

According to the law, all members of society are equal before the law, and from a human point of view, nothing is superior. When man accepted social life, he relinquished maximum use of his rights and accepted the rules of collective life. Of course, this conscious restriction creates the expectation from governments not to restrict and respect the rights of citizens for no reason.

The findings indicate that in Iran, the constitution is in accordance with the holy Sharia of Islam, which is described in detail in the following explanation and affirmation of citizenship rights, and emphasizes the fundamental and contractual human rights and in Other ancillary laws include legal protections and guarantees of proper performance.

 

From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed.

This is the citizenship rights that the Islamic State is obliged to guarantee. Citizens' mutual responsibility towards each other, rule of law and respect for laws, prohibition of encroachment on public interests and violation of the rights of others, enjoining what is good and forbidding what is evil, and performing financial duties are among the most important pillars. Which citizens are obliged to observe in the Islamic society. Therefore, the manifestation of citizenship rights in Islamic society is a two-way street. On the one hand, the rights of individuals must be guaranteed by the Islamic government, and on the other hand, citizens must fulfill their duties towards others.

Arbitration is one of the ways to resolve disputes between individuals that is considered by many businessmen today, especially in business and contracts, and has many applications in the season of hostility. In this article, we aim to identify and enforce commercial arbitration awards in Iran and in the 1958 New York Convention.

The findings indicate that considering that this type of proceedings, firstly: due to the specialized aspect, secondly due to the elimination of many bureaucracies and special court procedures, thirdly due to the low cost and fifthly due to the short process of proceedings Based on the International Commercial Arbitration Law and the New York Convention, the recognition and enforcement of foreign arbitral awards in Iran is prescribed. Ethical considerations: In all stages of writing the article, the principles of honesty and trustworthiness have been observed.

Recognition and enforcement of foreign arbitral awards is an integral part of the enforcement of foreign court rulings and many considerations and principles regarding the enforcement of foreign judgments in the executive court are taken into account when requesting the enforcement of foreign arbitral awards. The procedure for enforcing foreign arbitral awards under the International Commercial Arbitration Act and the New York Convention is different from the manner in which civil judgments are enforced.

The authors of the UN Charter, in order to achieve the goals and ideals contained in it, have paid attention to justice and its equations, and have drafted this document in such a way that the traces of the justice seekers of the universe can be seen in its place. Thus, by examining the Charter, it can be concluded that the standards of justice and the principles of international law are interrelated, and this is a necessity for the continuation of the life of the organization and a basic condition for achieving international peace and security. The purpose of this study is to describe justice in a document that has affected a large number of convergences of world governments.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that the actions of the pillars of the organization in the development of humanitarian rights and efforts in the peaceful settlement of international disputes are among the examples that have revealed the fundamental relationship between the concept of justice and the gradual development of international law.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

However, in practice and in the form of some actions of the United Nations pillars from an idealistic point of view, the violation of the principles of justice can be clearly seen. But a realistic view and attention to the gradual development of international law and its requirements in the third millennium, justice is not considered a necessity of international relations, and this view brings to mind the right to justice, not justice as a right.

Today, in most legal systems, one of the measures to re-socialize criminals is to grant amnesty or commutation of the sentence of the convicts by the highest authority of a country. In this regard, paragraph (1) of Article (1) of the Constitution considers one of the powers of the leadership to pardon or reduce the punishment of convicts within the limits of Islamic standards. Our most important goal in the present article is to explain the exact meaning of the phrase "within the limits of Islamic standards" in this principle and its religious requirements in order to determine the limits of this competence for leadership.

This descriptive-analytical article has been prepared using documentary method and filing tool.

The findings indicate that, although the provisions of the amnesty and mitigation commission of the convicts approved in 1387 regarding those sentenced to retribution and blood money are in accordance with jurisprudential standards; However, this by-law does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the extent or ta'zir; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.

Ethical considerations: 

In all stages of writing the present study, honesty and trustworthiness have been observed.

The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to the extent of ta'zir or ta'zir (including sharia and government ta'zir) and according to the right of qisas and diyat, the leadership The tail is placed, it can not order retaliation or blood money.

Social security law as a tool for income redistribution, a manifestation of the establishment and guarantee of social security and justice and a source of peace of mind and self-esteem in individuals, can play an important role in protecting society against all risks of crises. Economic, social and cultural, so addressing these rights is of great importance in the context of the Islamic Republicchr('39')s plans for economic, social and cultural development. The condition for the excellence and success of any system in the formulation, application and implementation of these principles is accurate and correct.

This research is theoretical and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

Medical services are another necessity that the insured needs. An insured person who has always hoped to one day be able to use these services by participating in and paying premiums and per capita medical treatment, and with the support of social security treatment, some of his pain and suffering will be reduced.ses with a preventive, therapeutic, and corrective approach under the heading of deviation and disease.

Ethical considerations:

 In all stages of writing the research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The current social security system in Iran consists of two parts: insurance system and support system. Accordingly, most of the services provided by Social Security are insurance and medical services. Providing medical services in Iranian social security is provided in two ways and under the supervision of the organizationchr('39')s deputy director of treatment. In the first method, these services are provided directly. After starting employment in the workplace and sending his first salary list, which takes place one month after employment, the insured becomes the owner of a medical record and can use the services. Insured to use medical services for free by referring directly to medical centers and social security hospitals. In the second method, which is the provision of medical services indirectly, the Social Security Organization, by concluding a contract and purchasing medical and medical services for the insured with other public and private medical institutions, provides the conditions for the insured to use these services. Today, due to their political, economic and even security importance, these principles are called not only as "tools and context of development" but also as one of the "goals of sustainable development".

The right to the enjoyment of social protection is one of the most important human rights in human rights instruments, international obligations of states as well as fundamental laws. Awareness of social protection rights has a significant role in social justice, peace of mind, and self-esteem in the people of society and to protect them from all risks arising from economic, social, and cultural crises. Today, with the rapid population increase, the complexity of issues and the extent of the need for these rights are of great importance, political and social importance and is one of the important indicators of development and development in the world countries.

In this study, using the descriptive-analytical method to collect information through the review of books, articles and theses, and research centers and internet and then data processing and data collected by optimum, discursive, and rational use are considered to provide relevant literature and research results.

The development of the legal system of social security is a necessity, and the formulation and completion of this legal system requires an acceptable constitution by the sovereignty and the people. This legal system to achieve the objectives and standards and evaluation strategies in terms of structure and legislation, judicial system, insurance, health services, health, relief support such as unemployment and disability insurance and providing very comprehensive, dynamic and It is efficient.

To organize this research, while observing the authenticity of the texts, honesty, and fidelity have been observed.

The U.S. A Social Security Program consists of three components: retirement aid, paralysis, and aid to survivors. The bill will be paid on the following three procedures: the pension based on the payment of the premium, the public allowances, and supplementary allowances, which ensure that the minimum monthly allowance is guaranteed for all pensioners.

Obviously, obtaining the legal claims of the claimant or government apparatus of the claimant requires the submission of the necessary documents and documents to give a clear vote of authority from the competent authority, which in turn requires the important procedures of the hearing, especially the process of exchange of bills with the party to the dispute. In this case, the question arises, what are the conditions for the handling of litigation and disputes between individuals and the government, or the lawsuits and disputes of government agencies? And what are the principles behind it? In the cases and disputes of individuals with the state, the question of whether the person seeking and being heard complies with all the lawsuits brought before the Administrative Court by a single procedure and that the order in the Tribunal's case includes claims against non-governmental organizations, In this research, one can conclude that the results of this research reveal that the personality is different from each other and demands that every person is a natural and legal person of private law, and that the reader is composed of both governmental units and their agents and revolutionary institutions and institutions, and In the Tribunal's case, the reader must also include officials and NGOs. But sometimes there may be disagreements between government agencies, in which case we will examine the regulations and approvals that all disputes of executive agencies are referred to the legal assistants of the devices. Unless the cause of the problem is due to the lack of knowledge of the laws, regulations and unconditional legal principles, the issue will be resolved by agreeing on the existence of a specific ruling in the abovementioned sources, and if resolution of the dispute is not possible, The issues will be discussed and decided by a commission composed of the Legal and Legal Affairs deputies and the deputies of the Ministry of Economic Affairs and Finance of the Organization for Management and Planning of the country, and the principles governing the procedures of judicial proceedings do not address these differences.

The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, and sometimes they mean protections that result from substantive legal rules, such as rules related to fundamental rights and freedoms. The principles and standards of fair trial, which are set out in international human rights documentation, have addressed the conditions and requirements of national courts and judicial processes. On the other hand, the intrinsic components of a fair trial fall into three categories: 1. Structural and institutional guarantees such as independence and impartiality; 2. Principles and rules that should govern each stage of the judicial process and guide the entire process in a way that results in a fair outcome; 3. Elements and components of a fair trial, which in a limited sense, are considered as legal rights and include: freedom from something (immunity) like the right to non-arbitrary arrest or enjoying something like the right to have a lawyer. In this article, while attempting to enumerate the factors governing the principles of fair trial, a critical and comparative study has been undertaken in both domestic and international domains.

A good lawyer should first of all be a good psychologist, if he knows a little about sociology and economics, and combine it with the lecturing technique, and strength, self-confidence as well as work on the floor. The sun in the land of life He will not be dying. In general, attorneys in law, in addition to their professional responsibilities and responsibilities vis-à-vis their client, also have requirements for trial and client side as well as for their guilds, as lawyers. The professional requirements of the lawyers of the judiciary include such matters as trusteeship and the protection of the secrets of the client and observance of the laws and regulations of the subject and the lack of defects in the matter of lawyers, attending hearings and lack of information, honesty and truthfulness against the client and the judiciary and non-collusion With the other party and not being betrayed by the client, and the legal defense of the client's rights, respect for the envy and the aforesaid goods, and other matters specified in the law.

Dysthymia is one of the categories of mood disorders, which is defined by depressed mood at most times of the day. The aim of the present research was comparison of the effect of rational-emotional and mindfulness-based treatment methods on symptoms of dysthymia disorder in women.
In this quasi-experimental study that was performed as pretest-posttest with control group, 20 women with dysthymia disorder were selected randomly from treatment centers under the supervision of wellbeing organization and assigned to two groups of experimental and specific. Beck depression questionnaire and clinical interview were used for diagnosis and pretest-posttest. Data were analyzed using dependent and independent t- and chi-square tests.
In this study, both rational-emotional and mindfulness-based methods of had significant effect on the reduction of dysthymia symptoms (p The results of this study indicated that mindfulness-based and rational-emotional treatments are effective cognitive treatment methods in reducing symptoms of dysthymia in women, of which mindfulness-based treatment method is more effective.