فهرست مطالب سید محمدهادی راجی

During the past years, cyberspace has become of the main issues of governments, and cryptocurrencies has been recognized as a sensitive area in need of policy in all countries of the world .This article, looking for: "What should be the pattern of regulating the virtual space, especially the phenomenon of cryptocurrencies in Iran, considering the legal status of the Supreme Council of Cyberspace and the comparative experience of China?" In this regard, by using library resources, the relationship between governance and regulation of virtual space has been described first, and then the concept of governance and regulation of cryptocurrencies have been discussed. In the following, we will compare the structure, duties and actions of China in the regulation of cyberspace, especially cryptocurrencies, with the actions of Iran, because the institution and structure of the regulation of cyberspace in China and Iran have similarities, including the fact that both of them use a supra-governmental structure to regulate cyberspace. The results show that firstly, the legal position of the Iran's Cyberspace Supreme Council in specialized issues of cyberspace such as cryptocurrencies, which have different dimensions, should be as a regulator of the regulators . Secondly, the multi-dimensionality of the issue of cryptocurrencies and the interference of different areas of money, finance, energy, industry and trade doubles the need for a national coordination headquarters, which has not been given serious attention so far.

During the Qajar era, conscription entered the Iranian legal system, in imitate Europe in order to strengthen the defense and build a strong army. The operation of Religious scholars with conscription’s approval and implementation were different; most scholars including the Imam Jome Khuee and Martyr Moddares was Agree and also support the Approval of conscription’s law. But some scholars including Haj Aqa Noorollah Esfahani and Mirza Sadiq Tabrizi apparently disagree with Implementation of this law. These two different positions raise the question: what was the view of the Religious scholars towards this law and what jurisprudential reasons did they have. This article for responding this question investigate this issue with an analytical and descriptive method and concludes that Religious scholars didn’t have any religious disagreement with conscription but they also supported its approval and implementation. But the disagreement by some scholars that has been reported during the implementation of this system, was aimed at combating Reza Shah's anti-religious policies by cover of conscription and coordinate people against him. People's unfamiliarity with the new system, Reza Shah's mastering on the army and using it for anti-religious purposes, are the other reason of religious scholars' disagreement.

The use of soldiers in civilian institutions and the non-exemption of married persons for the purposes of spousal marriage were among the religious objections of the Guardian Council jurists to "the Proposal of Conscription" approved in 26 December 1983 by the Islamic Consultative Assembly. Notwithstanding the initial objection of the Guardian Council in amendments to the said law, regulations with similar content to the objectionable materials have been approved by the Majlis and approved by the Guardian Council jurists. The question now arises as to why the amendments made to the said law do not include such religious objections. The present article, by studying the library and the descriptive-analytical method and by analyzing the relevant laws and regulations, the decisions and annotations of the Guardian Council's conclusions, concluded that these two objections, while still existing in the context of foreign laws and reality, were ignored by the Council and there is no persuasive reason for this neglect. It is therefore necessary for the Guardian Council of, as the Sharia guardian body, to re-examine the rules of conscription in order to comply with Sharia standards.

Free access to information is one of the most essential tools for promoting transparency and improving governance. Among the various types of information, budget information is becoming more important because it contains the content of the most important financial document of the country, and access to such information is one of the most important indicators of transparency in the budget. Different countries have designed mechanisms in their legal system in order to realize this concept.Regarding the importance of this issue, the main question of the present study is what mechanisms exist for the realization of the right of access to budget information in the legal system of Iran and the European Union?In the legal system of the Islamic Republic of Iran, the publication of the primary budget bill, changes in the parliament, the views of the Guardian Council and, ultimately, the publication of the budget law and the report of the liquidation of the Court of Auditors, are the most important mechanisms that have not fully ascertain, the right to access budgetary information. In the EU, most of the information and documentation on budgeting and its implementation is available online and transparently in the central database and national websites. However, there is no unique access point to which all documents and budget data are centralized or standardized.This research has been done through descriptive-analytical method and the most important result is that existing mechanisms require more coherence and evolution, and the relevant institutions should take effective steps in this direction.

Expediency Council in 1366 on orders of Imam Khomeini (Rhmtallhlyh) was formed. During the revision of the constitution in 1368 the Assembly was identified in the constitution. With the formation of this body, the Expediency Council's statutes in cases where the Guardian Council deems contrary to Shariah law or constitution and parliament insists on the need to approve the legislation, it was within the competence of the Assembly. With the formation mechanism by the Expediency Council, one of the questions that have been raised about the competence of the Assembly to fulfill this role. This article seeks to answer the question of whether the convention could decree that the Guardian Council was inconsistent with the constitution even if inconsistent with the constitution be more explicitly approved or not, who explored this cross-sectional manner and basing the principles of the constitution and fundamental rights, the outcome but did not find the answer to the above question. The Assembly has the authority to approve legislation inconsistent with the Constitution is not explicit.Therefore, the competence of the Assembly is limited to the cases in which the opinion of the Guardian Council and the Assembly is different from the Constitution.

The statutes of three major subsidiary companies of petroleum ministry (National Oil, Gas and Petrochemical companies) were ratified by then parliament or its commissions in 1977. Nevertheless since 2004, considering that the companies’ statutes has not been approved by Islamic assembly(Majlis), the validity of the aforementioned statutes and consequently their very existence was questioned by the Guardian Council and therefore any legislation of the Majlis that points to the title of mentioned companies, were questioned by the Guardian Council. So this question is arisen that whether they are valid. This paper is trying to find an answer by using analytical method. Since the main reasons which are provided for the invalidity of the mentioned statutes are not acceptable, and there is no justified reason to consider them null and void, so those statutes are still valid, unless later laws and regulations abrogate them or contain contrary rules to the contents of the statutes.

The Discussion about diagnosis between Legislation and Execution and necessity of exist of certain body for these actions have been always in attention to the states. Also In Islamic Republic of Iran, different conceptions from the principles of the Constitution about Legislation and execution specify more than before, the necessity of clarification of these criteria and in this regard, it seems useful to discover these criteria in the viewpoint of the Guardian Council as the legal reference of the Constitution’s interpretation. Therefore according to procedures of comments of Guardian Council since the first period up to the end of 8th one, the cases like the reduction or development of rules, the determination of criteria and limits for law, the determination of exemptions and exceptions for law, the decisions regarding the rights and freedoms of citizens, the preparation, formulation and definition of terms, the determination of amount of fines and penalties and etc are defined as Legislation actions and the cases like the appointment and dismissal of executives, the allocation and consumption of funds, the preparation of ordinance, the Submit of bill to Parliament, the holding of elections, the determination of administrative details and etc are defined as execution actions. Of course comments are observable that not obey those procedures.

The base for establishing the Islamic Republic is the governance of the Law or Shari‘ah over all the affairs of country including legislation. Therefore, the constitution has provided some mechanisms, the most important of which is the formation of the Guardian Council. Along with this, there are such things like the basis of supervising laws and the way this supervision functins, the authority on which this issue is based and other questions, some of which have not explicitly predicted by the institution, for example, the Expediency Council and the way of supervising the laws approved by the Islamic Consultative Asssmbly (Majlis). But, some of these questions are not found in the constitution or ordinary laws, as in the case of the way of supervising the sanctioned laws of the whole authorities other than the Majlis. The present article investingates the different legal questions which can be raised about the Shar‘i supervision of rules and regulations.

In democratic systems, various ways including establishing an institution called parliamentary immunity are used to achieve intended goals,which are satisfying needs of people as well as respecting their demands. This paper intends to study this institution, investigating its foundations, its cons and pros, history and its various kinds, and examining its place in Iranian law both before and after the Islamic revolution. This paper tries to illuminate different aspects of the issue through a scientific, argumentative and just view.