فهرست مطالب علی چهکندی نژاد

Nowadays, exercising citizenship rights has become a popular discourse in all countries, including Iran; but, due to its direct connection with the interests of the government, this fundamental concept has often had a conflicting relationship with the executive processes of providing social security; and causes challenges for the sovereignty institutions, especially the police, as the main guardian of societal security. The present research is aimed at finding solutions and guidelines for balancing “citizenship rights” and “societal security” in police criminal policy. 

Having a strategic nature, and using semi-structured interviews the present research has managed to analyze the obtained data. The elite society includes faculty members of the law department of Amin University of Law Sciences, managers and senior experts of the “Faraja” society active in law and security, and those who were fully acquainted with the research topic. In this field, the researchers used the snowball method and after conducting semi-structured interviews with 30 experts, they achieved theoretical saturation, then the data analysis was done using the qualitative content analysis method.

In the present research, the researchers addressed conflicting examples, and police challenges to resolve these conflicts, and suggested solutions to create a balance between “citizenship rights” and “societal security”.

To establish a balance between the two above-mentioned concepts, the police need to use strategies such as “playing a role in the country’s policies”, “trust building”, “public education and information”, “specialized training of officers and empowering employees”, “fair intelligence” and “dignity institutionalization” in the development of its executive criminal policy.

Today, waste management is one of the most essential axes of sustainable development. The growing trend of waste production has doubled the need to pay attention to this issue.
The present study is based on descriptive-analytical method and relying on library resources, including books and related research.
In our country, Article 50 of the Constitution and the Law on Waste Management, as well as other scattered laws, including the Islamic Penal Code, have established appropriate legal capacities in waste management. Among the envisaged mechanisms is the guarantee of criminal executions for perpetrators of actions outside the framework and legal rules in the field of waste.
Unlike some countries that have used both the tools of imprisonment and fines to control this issue, the punitive policy of the Iranian legal system is based on the fine of the offender and does not mention imprisonment as a deterrent mechanism.

With the growth of legal entities, the debate over the possibility of committing a crime by them and their responsibility for committing a crime arose among jurists around the world. Obviously, due to the different nature of legal entities from natural persons, the penalties applicable to these persons should also be in different cases from natural persons. Article 20 of the Islamic Penal Code of Iran is dedicated to determining the penalties applicable to legal entities. The emergence of criminal responsibility of legal entities in the Iranian penal system - as a principle - and the precedent of this issue in the French penal system, provided a great opportunity for a comparative study of these two systems before this descriptive-analytical study. . Realizing this fact, the French and Iranian criminal regimes have provided guarantees for the implementation of mandatory measures such as fines, prohibition of professional and professional activities, prohibition of capital increase, prohibition of issuing commercial documents and issuance of convictions for this purpose.

The functioning of citizenship is the administration of society based on respect for the rights of others and commitment to perform duties, and awareness of citizenship assignments provides the basis for bilateral duties. The purpose of the present study was to identify the pattern of citizenship training in the country's education system.. The statistical population of the qualitative sector, experts and law professors of universities across the country in the field of citizenship law and duties, were selected by 15 people based on the theoretical saturation method with targeted sampling. The research tool in the qualitative section was a semi -structural interview and the review of the documents in the field. The statistical population of the quantitative sector was the teachers of all education levels in the 5th district of Tehran in the academic year 1401-1402, with 267 people selected using Cochran formula and class random sampling method. In the quantitative section, the research tool was based on qualitative data. Data analysis in the qualitative section resulted in the identification of a pattern of need for citizenship tasks, in the form of six main organizer themes, including "financial and economic tasks", "health assignments", "ethical assignments", "cultural and social duties" , "Legal Homes", "Political Homework" were organized. Then the impact of the training of each of these themes in the development of social law was analyzed from the perspective of the statistical population.. It is necessary, unlike in the past, which is only the issue of citizenship rights, officials of the country's education system should pay more attention to the training of citizenship and more about these assignments in the students' curriculum.

The use of force to establish order and security using weapons at the beginning is a fundamental conflict between the guarantee of the individual rights of individuals and the rights of the community. Unfortunately, the way out of this conflict in the laws of the subject matter, especially the law of weapons, has not been well explained, and in terms of content in implementation, the executive has always been briefly and ambiguous. Given the influence of the laws of the subject of jurisprudence and the possibility of disobeying the rules by referring to the principles and jurisprudential rules, these teachings can be taken into consideration in order to eliminate ambiguity and transparency.

The present research method is an interpretation with a qualitative approach that the research data is compiled through a semi -structural interview. Research participants, including three groups of university faculty members, level 4 clergymen, and general legal executives, were 42, which continued with targeted sampling, until theoretical saturation, and finally with 16 interviews. And content analysis was used to analyze the data. Research validity based on the three indicators of "reliability", "transmission" and "verification", in the interpretation and analysis of the findings and reliability of the research, the intra -subject agreement index was used in the encoding of two sample interviews and the index is 78 % It was accepted.

Based on the findings of the study, which consisted of 24 basic themes that were organized in the form of 11 organizing themes and 2 comprehensive themes of "necessity" and "justice" in the form of jurisprudential rules.

The results of the study indicate that among the many jurisprudential rules that exist in the religion of Islam, the rules of necessity and justice have the most important place in the use of weapons law, which is the most prominent manifestation of our country's criminal policy on the issue. The international principles governing the use of force by police. Therefore, police officers must always consider the provisions and principles of the aforementioned jurisprudential rules while fully dominating the laws of weapons.

An issue that has occupied the minds of the parties of the transaction, i.e., the buyer and the seller, for a long time, is the responsibility for the loss that occurs to the seller after the conclusion of the contract and before the delivery of the goods to the buyer. This issue is interpreted as mutual interest guarantee. The purpose of this article is to examine the mutual interest guarantee in Iranian jurisprudence and law and the Convention on the International Sale of Goods.
This paper is descriptive and analytical using library method.
Ethical Considerations: In this paper, the originality of the text, honesty, and trustworthiness are respected.
Mutual interest guarantee is accepted in Iran's jurisprudence and laws and international sale of goods convention. In Iranian jurisprudence and law, it is an exceptional ruling and does not comply with the rules governing transactions, because although the property of the seller has been transferred, but in case of loss of the seller, the seller must return the cost of the sale to the customer. In the International Sales Convention, the transfer of collateral has been discussed. In the international sale of goods convention, the receipt of the goods by the customer causes the transfer of the guarantee.
In the Convention on the International Sale of Goods, mainly the transfer of collateral, its effects, time and place have been discussed in more detail, but in Iranian law, this issue has been discussed in general, and the legal approach is influenced by the jurisprudential rule of loss of the seller before receipt.

The wife's proverb is set in the relevant laws of the country with the aim of financially supporting the wife and its agent is the guarantee of the wife's action. The present study seeks to address the wife's proverb and critique the supplementary note of Article 336 BC.

The method of the present study is descriptive-analytical.

Supplementary note to Article 336 BC is intended to protect the rights of the wife. Binding the payment of retribution to numerous and unnecessary clauses, explicit conflict of some clauses of the note, including the intention not to donate and the husband's order with the principle of the article and the lack of clear separation of obligatory and non-obligatory duties of the wife during marriage by the legislature are among the criticisms of this article.Ethical considerations: In the present study, first-hand sources were used while observing ethical principles, including fidelity.

Claiming the right of retribution according to the principle of Article 336 BC is more desirable for the wife if the conditions for resignation are fulfilled, and there is no need to mention unnecessary clauses in the form of a note.

Islam welcomes anything that dissuades a man from divorce, so the legislator has tried to pay special attention to the compromise between couples and the preservation of Have a family foundation; In the meantime, formal regulations governing the proceedings and the execution of court rulings are important. The purpose of this study is to investigate the limitations of divorce in the Family Protection Law with emphasis on public order.

This descriptive and inferential study has examined the domestic laws related to family protection, especially the law adopted in 1391, with emphasis on public order.

The study showed that although cases such as the presence of a female counselor judge, referral to counsel and referral to arbitration are some of the positive aspects of this law and not only a factor in strengthening the family but also the foundation of public order. In contrast, the lack of need to refer to an arbitrator in a consensual divorce and excessive protection of the wife's financial rights does not necessarily mean the strengthening of the family and is one of the criticizable aspects of the law.

With the increasing number of sports operations and the widespread acceptance of sports by the people and, consequently, the increasing rate of injuries during sports, the issue of civil liability in sports is emerging. Among these, martial arts are different from other sports in terms of causing physical injuries due to the many physical conflicts that they have during exercise. The purpose of this article is to investigate the dimensions and examples of fault and responsibility of martial arts coaches as a social phenomenon. The research method in this research is descriptive-analytical, which has been done mainly by using primary research sources and reading jurisprudential-legal sources. The results showed that by defining the duties of coaches, the scope and scope of these responsibilities will be determined. Martial arts coaches have responsibilities for performing their duties in the field of sports. If they fail to perform their duties, they will have civil liability, which may be due to the act or omission of the coach. The responsibility of a martial arts instructor is the instructor's obligation to compensate for the damage caused to another as a result of his or her act or omission.

As we know, one of the important discussions in the field of substantive and formal law is to examine the dimensions of these rights in the conventions and the law in question. Its social justice is so important that it is at the forefront of basic human rights in all countries. In the Iranian legal system, which is derived from the sacred jurisprudential system, the study of formal and substantive rights has received more and more attention by the legislator, although the constitution has many strong principles in this area. The source of social justice and freedom in Iranian law is mostly human rights documents and in almost all human rights documents, primary and secondary rights have been examined. An important challenge that we have encountered in this study is that although the theory of social justice has been studied theoretically in the relevant laws, but in some cases it is in conflict with the Iranian constitution, which we will address in this dissertation.

Property confiscation means confiscation of all or part of the defendant's property for the benefit of the government. Due to the prevalence of some specific acts and violations in the society, the legislator has used the executive guarantee under the title of nationalization and confiscation of property to punish and punish the relevant persons. Therefore, one of the most important measures that should be taken regarding property related to crime is the confiscation of this property, which is usually done in order to confiscate said property, and also the purpose of confiscation and confiscation of property, as well as its Shari'a and legal foundations, should be examined. As a result, ownership is respected only when it is created through legitimate means. Based on this, in this research, it has been tried to answer this main research question: what are the examples of confiscation of property in Iranian law? Give an appropriate answer. According to the nature of the subject, the present research has been conducted in terms of practical purpose and in terms of collecting information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner. The findings and results showed that confiscation of the property of the convicted by the government is oneof the legal methods based on the laws of the country (Article 49 of the Constitution) and verses and traditions. , embezzlement, theft, gambling, abuse of endowments, and abuse of boycott and government transactions.

One of the issues in law is the issue of social justice. One of the important components of social justice is freedom. Freedom is one of the concepts that in order to understand it, in the beginning, one must understand the opposite concept in order to understand the scope of this concept. When we say freedom, if we do not understand any of the concepts that are placed in front of it, we cannot get the truth and scope of this concept. First we have to consider being bound to a bond, then we have to define the boundaries of that bond, then we imagine the liberation from that bond and put the name of freedom on it, being bound to live in a place, as opposed to freedom and liberation from this bondage is the relative freedom it faces. Being limited in speech or in action or in thought is against freedom, and being free from limitations is freedom. This article examines the components of social justice in the field of freedom.

One of the most important actions taken against property related to a crime is the confiscation of this property in the form of confiscation, and ownership is respected only if it arises legally. Therefore, it is necessary to usurp the property of others and to seize or possess illegitimate public property and to reject or return them to the rightful owners. Accordingly, we seek to answer the question of what the confiscation of property resulting from a crime under Article 49 of the Constitution includes, and on what basis can it be analyzed?Research

Due to the nature of the subject, the present study has been done in terms of applied purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

Confiscation of property of the convicted person by the government in one of the legal methods based on the laws of the country (or especially Article 49 of the Constitution), verses and hadiths and examples of confiscation of property in jurisprudence include: return of public property, taking property from the usurper , Retaliation, rejection, taking and its derivatives

An imposed contract is a new contract, the validity or invalidity of which is disputed. Well-known Imami jurists believe in the invalidity of new contracts, but later and contemporary jurists believe in its validity. In Iranian law, the principle of validity of contracts governs it. An imposed contract has the general conditions set forth in Article 190 of the Civil Code, and the specific conditions. Some of these characteristics are related to the subject and property of the contract, some are related to the characteristics of the proposing party, some are related to the general provisions of these contracts, and some are related to how the contract is required and accepted. Numerous proposals have been made to support the weak side of the contract in the imposed contracts. Modification of the contract, interpretation of the contract, removal of the contract terms, termination of the contract, are among these proposals. In the Consumer Protection Law approved in 2009, the General Policies Implementation Law in Article 44 of the 2008 Constitution, the Insurance Law approved in 1316, the Maritime Law in 1343, the Electronic Commerce Law approved in 1382, the building pre-sale law approved on 89/10/12, protection We see the injured party in the imposed contracts. Of course, what ensures the interests of the weak party in the imposed contracts is the adjustment or elimination of unjust and unfair conditions while maintaining the principle of the contract, and the guarantee of invalidity, termination and non-influence can not ensure the interests of the weak party that needs to conclude the contract. Slowly It seems that in order to protect the weak side of the contract, and due to the lack of explicitness and the provision of a specific performance guarantee, such an article should be approved: If a contract is entered into by imposition and entails unfair, unfair or oppressive terms, the judge must, as far as justice is concerned, modify those terms or exempt the weak party from enforcing them, and in interpreting the contract, the expediency of the party. Consider the weak.

The issue of bioterrorism has been considered by researchers in various fields. One of these fields is the ethical aspects that some governments have also considered, so that in the conferences reviewing the Convention on Biological Weapons, there has always been an emphasis on guaranteeing ethical performance. Therefore, in discussions about bioterrorism, it is important to know how ethics regard bioterrorism. Accordingly, the present article examines the challenges of bioterrorism from an ethical perspective.

This is a descriptive-analytical study using library and other available resources to investigate the ethical challenges of bioterrorism. The methodological approach of the present study is based on describing the current situation and critique and analysis of some views. Ethical Considerations: In all stages of writing the article, honesty and trustworthiness have been observed and all materials taken from other scientific works are accompanied by accurate references.

The findings of this article indicate that bioterrorism faces several ethical challenges, the most important of which are: 1. Dual-use research that is likely to be misused; 2. The framework and scope of bio-defense in the face of the public rights and public freedoms of citizens; 3. Paying attention to the health of care providers in the face of bioterrorism attacks.

Rules of conduct and codes of ethics can complement the legal rules in the field of bioterrorism and be effective in preventing the phenomenon of bioterrorism as part of the UN and states criminal policy. Therefore, it is suggested for Iran to develop comprehensive and specific rules of conduct and ethical codes in each field of medical sciences by experts of related institutions, and preparing appropriate mechanisms for their implementation.

One of the duties of governments is to enforce the rule and implement border laws and protocols in that country, but reducing the harm to border residents as well as reducing the organizational and individual costs of employees that may be incurred in this regard is one of the concerns of border guards. Precautionary faults of border command staff in performing their duties or leaving their duties can lead to irreparable damage to citizens, in which case they will be responsible for damages. Therefore, it is necessary to observe the necessary precautions according to the law in order to be exempted from compensating the damages caused to individuals but if the border residents themselves do not comply with the border regulations intentionally or negligently, they will not be entitled to compensation. In this research, an attempt has been made to investigate the factors eliminating civil liability resulting from the act and abandonment of the legal duties of those employees in accordance with the relevant laws and in order to reduce the damages of citizens, organizations and employees. The present article is documentary and descriptive-analytical in terms of data collection and method, respectively. The research findings show that the legislative approach to civil liability is uniform and consistent in all government employees and in all geographical conditions and regions. While in case of damage caused by border command staff’s actions to border residents, with regard to the governance of different geographical conditions inside the country, special regulations governing the border and the rule of border protocols in the Iranian border should be developed. Adequate consideration should also be given to how to compensate for the damage to the time and place conditions and the type of assigned mission to border guards, the adequacy of equipment and facilities provided by the government to border guards, the level of negligence and fault of border residents. On the other hand, if the damage caused by acting or leaving the duties is accompanied by the fault of the employees, they are obliged to compensate the loss and in case of lack of mission equipment of the relevant organization and otherwise negligence of border residents, there is no obligation to compensate. Finally, given the sensitivity of the mission and the specific conditions of the border and the existence of legal gap so legal transparency is essential for the adoption of a special border law, as well as the adoption and annexation of specific laws for border command staff in the Armed Forces Crimes Law.

One of the philanthropic actions that is emphasized a lot in Islam is the tradition of charitable endowment. The superiority of the spiritual dimension of endowment compared to other ways of transferring property will not only satisfy the conscience of individuals, but also, according to the elders of the religion, it will also lead to rewards and rewards in the afterlife. It is necessary to preserve and survive this important legal and economic institution, examining its various angles and dimensions and trying to adapt it to the temporal and spatial requirements. One of the controversial topics in the discussion of endowment is the possibility of endowment of money, with the explanation that can a person endow his money with the intention of reducing poverty, creating economic progress and creating employment in the society?In order to answer this question, in this research, we will first state the generalities and then examine the different opinions of Shia and Sunni jurists. Finally, for the possibility of realizing it in Iranian law, we state the different methods of endowment of money in England and some Islamic countries, because we believe that a comparative study can provide solutions that in many cases allow the practical use of a specific issue such as endowment. Money is available in the domestic legal system.

The purpose of this article is to explain the responsibility of employees with the attitude of reducing the costs of leaving their duties. The research is done in terms of collecting information in a documentary way and through books, articles, existing laws and regulations and statements of the Supreme Leader and the information is analyzed in a descriptive-analytical manner. The research findings show In addition to the harmful act of the employees of the Armed Forces, sometimes the omission of the act also causes harm to the persons, and therefore in the harm caused by the omission of the harmful act of the employees, if the omission of the act directly and through fault causes harm to the persons, the employees themselves. Reimbursement of damages to individuals will be required, so if they are not at fault, the relevant organization will be liable for damages, but if his indirect action causes damage, because the basis of liability in this case is the rule of discipline and condition. It is the fault of this rule that if they are not at fault, no responsibility will be placed on those employees. The results show that the authors of the Armed Forces Penal Code are responsible for the owners of objects, including weapons and ammunition and vehicles, military uniforms, documents and event records. ... in Articles 80 to 92 based on intention and fault of the building They have emphasized the issue of punishment and only in Article 85 of the law it is mentioned that it is necessary to compensate. Given the sensitivity of the actions of these employees, it is necessary to enact and enforce laws in this regard, which require them to pay compensation. Employee civil liability is based on the theory of fault, and the criterion for fault is the judgment of the conventional behavior of the professional armed forces officer.

Human cloning, a non-sex reproductive phenomenon that encompasses all of the genetic characteristics of a fully-transplanted and fully-copied non-sexual cell, has generated debate in various disciplines as well as in religious disciplines. This is a new issue that has not been dealt with in jurisprudence and law, so its verdicts need careful scrutiny. Investigating the jurisprudential views of the public and the Imamiyyah and the subject matter of law is the main focus of this research. The Scientific Basis of Simulation, Jurisprudential and Legal Theories in the Form of Four General Theories of Absolute License, Limited License, Second Worship and First Worship, Popular Jurisprudence Theories in the Reason for Human Simulation, and General Assessment of Public Jurisprudence in Comparison, Dam and Corruption valley rule is one of the topics discussed in this study. Sunni scholars strongly and emotionally opposed to any kind of human imitation, and the scholars and jurists of the Imamiyyah had a thorough scientific and fundamental approach to it, and, like any other phenomenon, studied its jurisprudence and their famous The original basis of al-Abhayichr('39')s ruling was its authorization. In the case law as well as with the provisions of the civil law and the will of the legislator in this field, it is also clear with reference to public order and good ethics that from the perspective of the Iranian legal system, human simulation cannot be declared unauthorized.

Throughout history, the expression of theories, inventions, and the production of new knowledge in the context of an unusual and unlikely phenomenon has always been a source of chaos among scholars and jurists. As for the human cloning issue, such an event was not unexpected. Human cloning technology, through existing knowledge, has created increasing concerns and concerns among scholars and scholars of religion, ethics and law, whose judgments require scrutiny. Investigating the effects and judgments of this phenomenon from different points of view is the subject of this research because it is one of the hidden issues of jurisprudence and law that its judgments and effects need further investigation. The legal rulings of the simulated human can be related to kinship, inheritance, nobility, will, guardianship and alimony. Regarding the legal effects and effects of simulation, it should be said that the human beings caused by the simulation have no difference from the point of view of legal provisions and that the most important legal effect of human simulation is the realization of similar ancestry. Because kinship is not the truth of the law but is a mystical concept, kinship is similar in many ways to being a productive scientist and is similar to that of his or her natural parent, and the custom of anyone who considers mother or father alike. That person will be ascribed and joined.

The most important goal of family is to empower and strengthen its own foundation and to protect its sanctity, to support the mothers and protect the children and ensure the survivor of this social unit. According to this importance, this article, with the aim to protect the rights of the children and to create awareness in the different levels of society specially among the parents about the laws and principles regarding adoption, the importance of knowing the needs of adopted child both material and psychological will elaborate all these section under the title of " parental responsibility in adoption in respect to jurisprudence and law". For this purpose we undertake library research and descriptive method in order to determine the position of parents and their responsibility in adoption. During this researches and investigation we came to know that to fulfill the physical and psychological needs of adopted child is the responsibility and duty of parents, father and mother are considered equally responsible. In addition the separation of the child from parents will cause legal and psychological effects. The Islamic law is applicable for both sides and each of parents should perform their duty in according to the needs of the child and the conditions laid down in adoption. Therefor creating an environment of peace and security with a relative authority of parents can be the conclusion of the article.

One of the most important issues in the field of civil responsibility is the issue of gathering of causes in occurrence of damage, because many of the harmful events that occur are the effect of some factors or causes and determining the responsible cause among theses causes is a difficult job. This question has always been discussed among the jurisprudences that in case of causes gathering in occurrence of damage which cause is responsible and what is the basis of determining the responsible among the causes. The main aim of this research is to find a complete and comprehensive basis for determining “the responsible” among the causes involved in damage. In this research, first of all, the views of jurists and jurisprudences in this context have been criticized and examined and then the efforts have been made to present a complete and comprehensive theory that could be applicable to all examples and cases of the issue. As a result of accomplished examinations it becomes clear that in this context there are different views such as the theory of premier cause in efficacy, the theory of latter cause in occurrence, the theory of premier in creation, the theory of stronger cause in efficacy and the theory of causes equality. It becomes also clear that none of mentioned theories can solely justify the guarantee in all cases of causes gathering, rather with respect to the fact that the responsibility basis in wastage and causing is the traditional reliance of wastage to the act of person, so in case of causes gathering, the responsibility basis is also the traditional reliance of wastage and in case the wastage traditionally relied to both of them, both are the guarantor and in case the wastage relied to one of them, only the same cause will be responsible. This theory is introduced under the title of “theory of traditional reliance of wastage”.