جستجوی مقالات مرتبط با کلیدواژه "مقرره گذاری" در نشریات گروه "علوم انسانی"

The National Document on the Rights of Children and Adolescents is one of the documents approved by the Supreme Council of the Cultural Revolution, which has been prepared with the intention of regulating the country's comprehensive cultural system in the field of education and training of children and adolescents. The existence of legal rules and regulations that have a nature and background in the present case has led to the question of the position of this document in the system of normative hierarchy and, consequently, the capacity assessment of the legal system in its implementation. Therefore, the present study seeks to answer the question "What is the position of the National Document on the Rights of the Child and Adolescent in the Iranian legal system and what are the ways to implement it?" Leading research collects research data by library method and studies them by adopting descriptive-analytical method. Based on the findings of this study, it should be said that the National Document on the Rights of the Child and Adolescent is a document with a policy nature, for the implementation of which the three assumptions of direct implementation of policy, implementation in the context of legislation and implementation through regulation can be expressed. The author believes that the implementation of this document in the context of legislation by presenting a bill by the government is more compatible with the Iranian constitutional system.

The nature of the regulations of the supreme council of cultural revolution in the legal system and hierarchy of law sources, have preoccupied some researchers and the recognizing the status of these regulations seems necessary. Therefore, there have been expressed diverse views about the nature of the regulations by scholars to answer this question that whether the nature of these regulations is policymaking, lawmaking or rulemaking? with regard to this issue that the  policymaking is based on the principle of rule of law and predetermined competence of legislature from one side and as well as if we consider this council as a lawmaker institution, we contradict the exclusive competence of parliament in legislating on the other hand, and also with regard to this issue that the devolution of competence for rulemaking is in the legislature competence, therefore it seems unlikely to  consider the regulations of the council as one of the aforementioned titles and imagine legal effect for them. Therefore, in this paper I attend to clear the nature of this regulations and I'll  try to with regard to the council's regulations examine this issue that whether these regulations are adaptable to these notions (policy making, lawmaking and rulemaking) or not?

Maintaining the financial data is one of the guideline components for security in cyberspace. Hustler persons go to abuse these data in cyberspace to gain their foul purposes. Then, they in such way collect massive profits. Thus in order to decrease the threats against present data it needs to predictive technical plans be considered. These plans for security of financial data were used more than other area due to most of threats against these data occur technical ways, including social engineering and are very professional. In regulation process, lawgiver also is familiar to these types of plans and study them in some cases precisely and in some cases imprecisely. Also FATA police as an only institution in this domain, failure to consider it. Active centers related to cyberspace security including Apa center and Mehr center also did not take some approach. For example, Apa center has organized a large of plans on the technical areas, while Mehr center has not considered these plans.

In the legal system of Iran, one of the issues of disagreement, discussion about jurisdiction of the General board of Administrative Justice court In superintend the decisions of various agencies Including is Certified parliament (assembly of experts), guardian council and Nation's exigency council (assembly for recognition interest of state). These institutions, on the basis of their inherent duties, are in the process of establishing and adopting decisions that some of them are administrative modality. Considering the procedure of the type of attitude towards the decision of these bodies, the purpose of this article accordingly that in addition to clarifying the scope of jurisdiction rulemaking of the legal system with a brief definition from political action, judicial action, legislative action and administrative action to review the duties of these institutions and assume that their administrative actions can be subject to judicial review. Because in terms of administrative Justice court, as a supreme judicial institution, has general qualification in administrative claims. Therefore, remark of article 12 the law of administrative Justice Court it seems criticism and principle of supervision of power that is closely related to the rule of law, the unannounced withdrawal unreason all the approvals of these bodies from the jurisdiction of the General board. Additionally, such exceptions to the jurisdiction of the general board are a violation of right of individuals to access the judicial bodies.