فهرست مطالب حمیدرضا آدابی

Nowadays, the prevention of lawsuits and legal security is an inevitable necessity and it is the duty of all government bodies to prevent lawsuits by knowing the society and the harms it faces. Therefore, guaranteeing legal security and preventing lawsuits are the most important legal issues in any country. The experiences of successful legal systems in this field emphasize the effective role of notaries in decriminalization and reducing the volume of incoming legal cases to the courts of justice. So that the governments have witnessed changes in the order of the society by carefully planning and entrusting some tasks to the offices. The purpose of this research was to investigate the role of notary public offices in Iran in guaranteeing legal security and preventing lawsuits, which was analyzed by adopting a descriptive-analytical approach with the method of collecting information in a library form, and these results were obtained. Public notary offices, by establishing the ownership of citizens on their property and assets and formalizing contracts and obligations, electronic registration of documents (instant registration) prevent conflict transactions and the formation of crimes such as fraud and transfer of other's property (in the case of a fraudster) and This issue plays a role in ensuring legal security. Also, notary offices play a critical role in preventing groundless legal disputes and the process of decriminalization and legal withdrawal, and reducing people's referrals to courts of law and ultimately crime prevention.

Crimes related to corruption in Iran's legal system are only directed at the public sector and are not criminalized in the private sector, which has a great role in their legal security in the international system. Accordingly, in this research, the necessity of criminalizing corruption in the private sector with emphasis on its role on legal security in the international system is presented as a goal.This research was done in a descriptive-analytical way and the required information was collected using the library method and the information was categorized and analyzed.As a result of the research, it can be said that criminalization, as an important issue in criminal law and providing legal security in the international system, is the result of certain justifications. Legal causes such as important factors of corruption in the private sector, and the against it requires the development of the realm of criminal law in this area. Examples justifying the necessity of criminalizing corruption in the private sector play an important role in providing legal security in the international system (such as the stability of the legal system and ensuring permanent protection of the rights and freedoms of citizens).

In this article, we introduce three stages of corporate insolvency and study the available proceedings in Iranian and UK laws that are most appropriate for each stage. The first stage, or ″Pre-insolvency crisis″, has been dominantly addressed via ″Scheme of arrangement″ in both countries. However, the UK additionally provides ″Company voluntary agreement″ as an alternative approach, which does not exist in Iranian laws but has compared with the closest existing matches. ″Moratorium″ can also be utilized in this stage as supplementary proceedings/help. In the second, ″final insolvency ″stage, ″Administration″ and ″Restructuring″ in the UK are compared with the ″Scheme of arrangement″ in Iranian trade law as the most relevant proceedings, and ″Ban of the termination clause″ is proposed as an additional supplementary means. Finally, for the third, ″critical insolvency ″stage, both countries propose ″Liquidation″, whereas the UK system additionally offers the ″Prepack″ procedure. The existence and diversity of available proceedings in the UK law system match closely with the degree of insolvency, whereas these choices are much more restricted in the Iranian law system, exemplifying the need for new legislation.

In developed countries that have a rich cultural heritage, preservation and restoration of valuable historical context in the framework of its spatial management and the development of public spaces is still an important area and a permanent link to success. From this point of view, valuable historical contexts are considered as special and opportunity-creating places in terms of physical, social, cultural components and the people of the city. Based on this, the purpose of the research is to analyze the performance of the urban public space in the valuable historical context of the 12th district of Tehran.According to the nature of the subject and its general purpose, the present research method is descriptive and analytical and it was conducted in the 12th district of Tehran metropolis with the help of a questionnaire on the number of 50 people. The components have been evaluated in 3 cultural, physical and social sections and in the form of 20 variables. Pearson, t and regression tests have been used to measure the impact of public space and historical context.The findings show that one unit of change in the standard deviation of cultural actions and the dynamics of native and local life causes the standard deviation of the dependent variable (public space of historical context) to change by 81 and 70 percent. While a unit change in the standard deviation of the activity pattern only causes the standard deviation of the dependent variable to change by 24%.The results show that the social component has a better status than the physical and cultural components. In other words, the variables of cultural actions and the dynamics of native and local life have a far greater contribution compared to other variables.

Despite the numerous measures to fight corruption in its various forms in Iran's legal system, a significant and tangible reduction in the direction of reducing administrative corruption and improving the health of the administrative system is not observed. Among the most important reasons expressed by experts; Lack of criminalization of corruption in the private sector. The present article, which was written in a descriptive-analytical way with the aim of examining the historical developments and domestic and international documents of the fight against corruption in the private sector, comes to the conclusion that the private sector is that part of agriculture, animal husbandry, industry, trade and services. It is possible that it complements government and cooperative economic activities. The history of fighting corruption in the private sector at the international level is much older than criminalization and fighting corruption at the domestic level .At the international level, the criminalization of corruption in the private sector has been specified in both international and regional documents, and in both of these documents, the criminalization has been extended to the private sector, and countries have been advised to To criminalize it in the internal laws and regulations, take necessary measures. Iran's legal system is associated with numerous gaps in relation to corruption in the private sector, and the fight against corruption and criminalization is not capable of being realized in the private sector due to the conditions that are foreseen for the realization of criminal titles related to corruption. According to experts, this vacuum is one of the main reasons for the lack of tangible success in the fight against corruption at the macro level.

fair trial is one of the indicators of development and emphasized by religious teachings and international documents. Based on the principle of proportionality, one of the criteria of a fair trial is the proportionality of the trial with the time allocated for it. This time is referred to as "regular trial time". Considering the issue of delaying the proceedings, the precision in Article 315 and the philosophy of providing the claimant's reasons indicate the necessity that the claimant's request should be completed in the shortest possible time. Based on this, the purpose of this research is to analyze out-of-turn proceedings in legal affairs in Iran and international legal courts.

According to the nature of the subject, objectives and method of collecting information, the research method is library and descriptive-analytical.

out-of-turn processing is one of the civil procedure topics that is used in many cases. The out-of-turn hearing process has caused the Shura judge to consult with the Shura members and issue a decision in the following cases. A) Financial lawsuits regarding movable property up to two hundred million Rials, except for cases that are pending in the court of law on the mandatory date of entry into force of this law. b) All lawsuits related to the eviction of the same tenant, except for the lawsuits related to goodwill and business rights. c) Lawsuits for rent adjustment, provided that there is no dispute in the rental relationship. t) Issuance of inheritance limitation certificate,

Judicial oversight is one of the most important issues in criminal procedure that has always been the subject of discussion and opinion. This article tries to make a comparative study of judicial supervision in Iranian and French law. The present article is a descriptive-analytical study and examines the question using the library method. The results indicate that in the French criminal justice system, the only alternative to temporary detention is judicial supervision as a criminal security that includes and supplies all the assets of this system and adopts a unified approach and the need to pay attention to the needs of investigation and action. Tamin seeks to create the conditions for maximum balance between security and freedom. In the Iranian criminal procedure, however, despite the provision of judicial supervision as an alternative to temporary detention and some subscriptions with French law, due to the dual approach adopted by the legislature, the main, single and independent function of this criminal institution is subordinate, dual and complementary. Has become. Considering the recourse and using examples such as deterrence and obstruction and having a supervisory aspect, it may be said that in case of recourse to the judicial authority along with other appointments to any of the foreseen cases, judicial supervision is in order to prevent and correct the accused and guarantee The more the victim's salary, the more security will be taken from the accused, which violates the purpose of judicial supervision and is in opposition to criminal justice and the establishment of its goals, and not only loses its main mission, but also the efficiency of this institution. It has a negative effect. The need to pay attention to a unified approach to security and oversight appointments in Iranian law, such as French law, provides the maximum context for the investigating authority to accurately take steps to fully protect the rights of victims of crime and provide the most appropriate security in conflict with Individual liberties are not desirable in the view of progressive criminal justice systems.

The degree of corporate insolvency varies significantly between enterprises. However, a formal classification of these insolvency degree is missing. Additionally,  the appropriateness of available proceedings with different degrees of bankruptcy is still a matter of active debate.  In this article, we first introduce three distinct stages of insolvency, namely the third degree (likely), the second degree (final), and the first degree (critical). We then perform a comparative analysis of Iranian and French law to study the extent to which judicial interventions match the introduced degrees of corporate insolvency. Iranian law provides a wide range of procedures for third-degree insolvency, including ″trade insolvency″ ″immediate settlement″, ″temporary control″, ″halt prevention″, ″production support″, and ″preventive scheme of arrangement. ″ French law, on the other hand, provides mechanisms for ″alert″, ″ad hoc representative″, ″compromise arrangement″, ″conciliation″, and ″safeguard proceedings." In the second degree case, both countries offer proceedings for ″scheme of arrangement″ and ″reorganization planning; ″ however, their logic and executive processes differ. Finally, for the first-degree insolvency, both countries ultimately end in liquidation proceedings.

The purpose of this study is to explain the reconstruction of the historical context of the city with emphasis on the revival and prosperity of public spaces in the 12th district of Tehran. The method of the present study is developmental in terms of purpose because it aims to identify and construct a conceptual model of integrated urban regeneration from the perspective of sustainable development. Also, in terms of data type, this research is a combination of research (qualitative-quantitative). The sample size is 384 people. The results show that the total regeneration index is a combination of the average of the four components in this study. A single-sample t-test was used for the total component status. The results of this test show that the significance is at the level of 95%. Considering the estimated average value (3) and the average obtained from the statistical population (2.40) and the negative difference between the two, this result shows that the total regeneration index is not in a good condition and the assumption of low regeneration satisfaction is acceptable in the study area.

The main use of the Internet is to socialize users with each other. But today, cyberspace is not only a space of entertainment or mass communication, but also a global market of trade and commerce, and in the meantime, the phenomena of crime and the challenges associated with it have grown and many Has caused many problems for users. Recently, topics such as gambling and betting have moved to Internet sites. With a few simple clicks, you can participate in all kinds of bets. Given the many problems facing criminal measures, the policy of preventing the occurrence of these crimes is the most appropriate criminal policy measure. Meanwhile, situational prevention is one of the most important and practical measures. The purpose of this study is the role of FATA police in cybercrime prevention strategies with an approach to betting sites.

The method of descriptive-analytical work and in terms of practical purpose, is a tool for collecting information from library resources.

The police can benefit from the teachings of cyber criminology, analyze criminal issues and cyberspace anomalies, identify the cybercriminal or criminal and determine solutions to eliminate or limit these factors and with the cooperation of responsible institutions in control Or take care of the above factors.

Just as the occurrence of crime has existed since ancient times and the socialization of people's lives, in addition, crime prevention has emerged to reduce possible crimes.

This Article Attempts To Examine The Alternatives To Temporary Detention In French And Iranian Criminal Law With An Emphasis On Judicial Oversight. The Present Article Is Descriptive-Analytical And Examines The Question Using The Library Method. The Results Of The Study Indicate That The Principle Of Innocence, The Principle Of Exclusion Of Temporary Detention, The Principle Of Freedom And Personal Security, The Principle Of Exclusion Of Temporary Detention, The Theory Of Labeling, Prevention Of Inflation In Prisons And The Principle Of Legality Of Crime And Punishment Are The Most Important Alternatives To Detention. It Is Temporary In The Criminal Law Of France And Iran. Judicial Oversight Appointments In France Are Also Divided Into Two Parts. The First Are Orders Issued To Prevent The Accused From Escaping Or Hiding Or To Eliminate The Effects Of The Crime Or Collusion With Partners And Deputies Or Witnesses, And The Second Are Judicial Supervision Orders That Have The Aspect Of Security Measures. Iran's Criminal Law, By Dividing The Agreements Into Criminal Security Agreements And Judicial Supervision Agreements, Considers The Latter Type Of Agreements As Complementary To The First Ones. In French Law, The Goal Of The Institution Of Judicial Control Is To Give The Accused Maximum Freedom That Is Compatible With The Need To Discover The Truth And Maintain Public Order. The Accused Will Not Be Imprisoned Under Judicial Supervision. He Will Only Bear Some Restrictions In His Travels, In His Social Life, And Will Be Supervised In The Observance Of The Duties Imposed On Him, But In Iranian Law, Unlike In France, Judicial Supervision Is In The Form Of Complementary Imposes A Double Obligation On The Accused In Addition To The Criminal Security Order.

In reciprocal contract such as a purchase, the transfer of the ownership to the customer is done by signing the contract or on some systems, by the surrender of the goods. The preservation of ownership requirement, which has different types, is a kind of guarantee to the seller based on the agreement of the parties in the contract – i.e. to preserve the ownership of the goods and not to transfer the ownership to the buyer until the full payment of the price to the seller is done, or until other obligations are done. With the payment of the price or fulfilling other agreement obligations, the ownership is transferred to the buyer. If the requirement is not fulfilled, the seller will remain as the owner and exactly the same commodity should be returned to him. There is a possibility of including the preservation of ownership requirement for the commodities used in the production of another commodity. In this paper, the main question is whether the preservation of ownership requirement has a place in Iranian laws. By the descriptive-analytical method, it is hypothesized that the inclusion of such a clause in Iranian law is correct if the preservation of ownership requirement is not contrary to the requirements of the purchase nature. The aim was to first study the preservation of ownership requirement, and then to identify the status of the said requirement in Iran's law, and to examine the relationship between it and similar legal concepts, as well as the possibility of accepting and including the said requirement in Iran's law. According to the findings of this study, there are similar identities for the preservation of ownership requirement in the Iranian laws, and although there are some common points between them and the said requirements in some ways, in other respects there are differences between existing concepts and the preservation of ownership requirement.

The Estoppel rule plays an effective role in the realization of justice based on fairness today. The Estoppel rule involves two basic elements of conflict and contradiction in dialogue and party behavior, which is subject to Estoppel, and considering that the basis of this rule is the principle of necessity of good faith, private law considers it as a means to achieve justice and fairness. In fact, the Estoppel rule is the classical and traditional literature used in the early decades of identifying legitimate expectations. This principle, like the Estoppel rule, somehow helps to safeguard the rights of individuals, with the difference that the realm of legitimate expectations is only in the field of public law and the relationship between individuals and the state. The purpose of this study is to introduce the Estoppel rule and its function in the field of public law. The main question to be considered for this study is that what is the scope and characteristics of Estoppel rule in internal public law and is seeking to answer the above question by descriptive-analytic method. Findings of the research show that the Estoppel rule, as one of the fundamental principles of law, has many uses and benefits in international law and domestic law today. One of the main effects of the rule is that it applies governments to behavior and descriptions that are said to be not legally binding, because what governments do is their beliefs and their legal perceptions of one reality and they cannot adopt a position and behavior that is inconsistent with the past, whenever their interests require.

Black economy is considered as a set of activities and economic exchanges, which may be legal or illegal, but cannot be measured and reported. So far, several studies have estimated the size of black economy in the world and Iran, Which represent the increase in black economy in many countries and especially in Iran. But no researches that explain the impact of black economic on the sense of security for the citizens were found. Due to the increase in size of the black economy it is imperative that these effects on people's sense of security must be measured and also for the citizens live in cities and black economy also generally occurs in cities.

Statistical population have been selected all the citizens of fifth district of Tehran, which it’s volume equals 793750. And the sample size was calculated based on the Cochran formula equals 383.97 (400 questionnaire speeded out). For this study questionnaire was developed after extensive literature studies. Creator variables of sense of security were divided to 5 variables: moral security, emotional security, health security, Criminal and financial security. And for moral sense of security, this research has conducted. After the data collection, questionnaire showed satisfactory in reliability and validity. To analyze the data, descriptive statistics (including frequency, percentage and average data) and inferential statistics were used. For inferential statistics after Kolmogorov-Smirnov test normality of the data has showed so one-sample t test was used. Notably, all of the analyses were conducted in SPSS.

the results showed that black economy would not be desirable for moral sense of security in cities. The results of the study can be viewed as a warning sign especially for urban practitioners that immediate plans should be implemented to decrease the size of black economy as soon as possible.

Therefore, suggestions for reducing the size of the black economy in this research were presented.

 Psychological empowerment is one of the most important issues in the development of human resources and it's influenced by numerous factors of which can be point in knowledge management. The present research investigates the Relation between of knowledge management and the psychological empowerment of human resources in municipality of Tehran.

 Research type is applied and on the other hand descriptive- Correlation.

Between KM's Components, Creation Knowledge, capture knowledge and Dissemination Knowledgehave the most impressible effect  (0.95) on psychological empowerment.

The results of research showed that knowledge management has significant effect on psychological empowerment.

Upon rapid development in various sciences and upon the appearance of new questions on legal and jurisdictional issues the researchers are obliged to find answers to these questions to remove the probable ambiguities based on the role of Ijtihad or religious imitation in time and place, reasoning and deduction. The sale of body organs is among the issues that has emerged after the development of medical sciences. It is highly important to legally and religiously reject or justify the sale of body organs particularly when transplant is needed. This paper has been developed based on dynamic jurisprudence and according to the views of Imam Khomeini, who believed in the effect of time and place in jurisprudence, and finally concludes that as far as the sale of body organ is not to the detriment of the giver’s “self”, it will be permissible.

Today organizations take different forms issues such as the rapid and unpredictable changes, special orders, waiting for a very high level of service and face, to survive and maintain their positions. One of the newest forms of organization, rapid response was to form organizations. The aim of this study was to Examine The impact of the implementation of the model Fast Response Organization (FRO) On the Quality of civil services in the municipality of Tehran, district 14.

Methods descriptive survey of correlation. The population of the study was، All citizens who constitute the municipality of Tehran, district 14. Using a sample of 384 randomly chosen citizens strata. The study of two fast response questionnaire with Likert scale was used and the quality of services. Validity was confirmed by the elites and experts and their reliability using Cronbach's alpha was confirmed. To test the hypothesis Kmvlmvgrvf- Smirnov test, Pearson correlation , regression , structural equation modeling (lisrel), analysis of variance and Friedman Test was used.

Based on data analysis, reliability in service with the highest efficiency and the lowest operating Price impact of the extension.

The results showed that the implementation of the FRO and it's component (time, innovation, reliability, flexibility, price) have significant effect on the quality of services in the municipality of Tehran, district 14.