جستجوی مقالات مرتبط با کلیدواژه "خلا قانونی" در نشریات گروه "فقه و حقوق"

It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws

Monetary crises caused by the activities of unlicensed monetary institutions in recent years in the Iranian monetary and banking system urged the Central Bank to mandate the merger of those unlicensed monetary institutions. On the other hand, according to the extra-legal decision of the Supreme Economic Coordination Council of the Heads of the Three Branches in August 2016, some other authorized monetary institutions affiliated with military organizations, some of which consisted in turn of the orderly merger of several unauthorized monetary institutions, were required to merge with the Sepah State Bank. This method, not only severely damaged the interests of direct and indirect stakeholders of these institutions, such as depositors, shareholders and employees of monetary institutions, but causes great damage to the public interest and to individuals through the creation of money and drastic devaluation of the national currency. Although merger is not unprecedented in non-monetary institutions, in case of monetary institutions, due to the their role in the national economy on the one hand and in gaining public confidence in the credibility of the national currency on the other, the effects and consequences of integration will be graver and not limited to companies to be merged, but all the society will be affected by it. Because the reason for revoking the license of, and merging, most of these institutions was their financial balance deficit and the loss of public deposits, they eventually imposed a heavy monetary cost on the Central Bank and the national economy. This was because they faced a liquidity deficit and were thus not able to repay the deposits on depositors’ demand. The Central Bank handled this problem by creating an unsecured line of credit to pay the debts of these institutions from the public fund, which led to the devaluation of the national currency and thus reducing the purchasing power and the value of assets. It also surfaced numerous legal problems such as the legal gaps, the incompetence and inefficiency of the enforcement system, and the law’s failure to safeguard the stakeholders’ rights. Therefore, in this descriptive-analytical article, by examining the transnational regulations of the merger in the leading countries in this field, the questions will be answered as to what the legal nature of the merger is, whether it is a business decision, whether it is necessary and effective, whether it has any place in the current legal system, and on the other hand, whether the Central Bank and the Supreme Economic Coordination Council are competent to decide on the merger of monetary institutions or if they have acted beyond the scope of their legal authority. The article will argue that the purpose of merger should, as recognized in countries where it first adopted, be to consolidate the capital and the labor in order to increase efficiency and productivity, and that it must take place within the framework of clear rules and regulations. It will also be demonstrated that in societies with competitive markets, merger is an optional, rather than a mandatory, event decided based on the economic interests of the entities involved, that lies in the reduction of costs and boosting profits. Decided in this way, merger can also serve public interest by enhancing product quality and competitiveness and ultimately strengthening the national economy. The article suggests that merger should not be forced by the governing bodies of the monetary and banking system, and that these bodies must be legally prevented from such interference, their role being carefully defined and limited by appropriate legislation. The decision must be laid with the directors and governing bodies of the candidate entities so as not to impose additional costs on the public on the one hand, and to respect the rights of all stakeholder on the other hand.

The right to education, as a human right, is one of the most important rights defined in international and domestic instruments for all human beings and is mentioned in international documents such as the Universal Declaration of Human Rights and Iran's domestic law, such as the Constitution. One of the most sensitive groups entitled to education are intellectually disabled children, who may face obstacles in achieving their rights for various reasons. It is certain that disability should not prevent children from having this important human right, but unfortunately, in practice, we are witnessing challenges and problems in the international and domestic spheres that prevent the timely and appropriate education of intellectually disabled children. One of the most important problems in this regard is the absence of required laws and, consequently, the executive deficiencies in the internal system to fully support and ensure the right to education for children with mental disabilities. Therefore, it is necessary for the legislator to pay special attention to this issue, considering the special situation of children with need of mental rehabilitation.

In this article, after explaining the concept of "conflict of interest management", with reference is made to its application in Iranian legal system. Then, Different verses of Quran, hadiths and jurisprudential theories that can be used in managing conflict of interest have been analyzed. In the following, by giving some objective examples of conflict of interest in the Public Affairs management, And by review the situation of the Iranian legal system in relation to conflict of interests management, a report is presented on the legislative measures in the form of a bill proposed by the government or a representative plan on conflict of interests. There is ambiguity or legal gap in this regard, and therefore in the thirteenth presidential election, we see at least three clear examples of violations of the philosophy of conflict of interest, which has emerged by observers and executors; These three examples are: Conflict of interests arising from the relationship of kinship - Conflict of interests arising from the relationship between the nominee and the elected - Conflict of interests arising from the two supervisory and electoral roles of the other candidate.

According to first part of Article number 110 of the IRI’s Constitution, Thegeneral policies of the system - which are considered among the duties andpowers of the Supreme Leader - are strategies that are formulated anddetermined based on the goals and ideals mentioned in the Constitution of theIslamic Republic of Iran. The country's macro-frameworks and orientations arein line with achieving goals and aspirations. This issue acts as a politicalinstrument in the hands of the leadership of the Islamic society and in order tolead the society in the direction of values. It also determines the framework ofthe action of three powers (legislative, Executive & Judiciary), including theadoption of laws and regulations. Among the important issues regarding thelegal system governing the general policies, is the ratio of the existing laws andregulations and contrary to the new enacted policies, which play a great role ininfluencing and improving the functioning of this new legal establishment in theIranian political and legal system. Accordingly, this paper seeks to answer thequestion: “Is it possible for laws and regulations to be abrogated because of theircontradiction to the general policies of the system?” Using the "analytical"method and with the help of library collection of resources and information Inthis study, the author believes that “due to the normative nature of the generalpolicies of the system, the legal effects which depend on legal norms, will beapplicable for the general policies of the political system, including theabrogation of the legal norms of higher (in the hierarchy of norms); However,legal mechanisms must be considered to solve the practical problems of thiswork or minimize it. This proposal is done in this regard.

The existence of legal gaps is quite usual and conceivable in all statute legal systems and it is the duty of the legislator to find the solutions for these cases. The constitutional legislator has recognized Islamic sources and valid juristic opinions (Fatwas) as referable sources for judges in principle 167.However, there is severe disagreement on the inclusion of this rule in criminal cases, particularly on the important issue of determining the punishments. The reflection of the provisions of the principle 167 in some of the acts passed by the Islamic Consultative Assembly and confirming them by the Guardian Council as the interpreter of the constitution, the manner in which the terms of the principle 167 are expressed and the legislative history of this principle all strengthen the doctrine that try to extend the mentioned rule to the criminal matters, including the issue of penalization.
This paper due to the examination of the reasons and with regard to the recent changes taken place in the Islamic penal code believes the executive scope of that aforesaid doctrine doesn’t include the discretionary punishments (Ta`zirat) which by the way constitutes the main criminal punishments.