جستجوی مقالات مرتبط با کلیدواژه « رویکرد ها » در نشریات گروه « فقه و حقوق »

As outlined in the Statute of the International Court of Justice (ICJ), the principles of law are directly invoked as a main source of international law for addressing legal disputes. These principles also hold significant standing within the domestic legal systems of individual states. However, in the international law, the principles of law typically serve to address potential gaps, ensuring that legal proceedings can continue uninterrupted before the courts. There is currently a broad consensus that the general principles of law, as delineated in Article (38) of the Statute of the ICJ, include the principles of both national and international legal systems. Yet, the general principles of national law are mainly recognized by the judicial authority in domestic contexts and applied as a distinct principle in the international law. For some legal scholars, the inclusion of Paragraph (3) of Article (38) of the Statute of the ICJ, which allows for the invocation of the general principles of law, is a significant milestone in the international law as it makes the states acknowledge a third source alongside treaties and custom. Some argue that the text-based interpretative approach, as employed by the arbitration and judicial courts, had gained recognition as a general principle of law prior to being formally acknowledged in the 1969 Vienna Convention on the Law of Treaties. Others contend that the general principles of law are characterized by a general, universal nature. In other words, these principles work more openly in dealing with value-based arguments and as such establish rights in a manner particularly evident in the regimes of international human rights and international humanitarian law.The present study aimed to examine the approach adopted by the International Law Commission (hereafter referred to as the Commission) towards the topic of general principles of law, as well as Iran’s stance in response to the Commission’s approach. Specifically, the Commission has demonstrated a keen interest in studying the sources of international law over the past two decades. Meanwhile, the approach presented in the last three reports by the Special Rapporteur has sparked considerable debate and controversy among proponents and critics alike, primarily concerning the identification of general principles of law derived from the international legal system. The representative of the Islamic Republic of Iran in the United Nations General Assembly Sixth Committee has also voiced opinions regarding those reports.

The discussion on the general principles of law has been relatively rare in the Persian-language studies. The topic typically finds its place in the general books on international law, especially in the sections dedicated to sources of international law. Yet, there are a few Persian-language studies that specifically address the issue. For example, in the article titled “The Nature of the General Principles of Law and Their Functions in International Law,” Mahmoudi (2018) studied the scope and function of general principles of law as well as their roles during the implementation. However, Mahmoudi’s research predates the Commission’s study, so it could not deal with the reports of the Special Rapporteur of the Commission. Moreover, the present study explored the Iranian perspective on the general principles of law, as evidenced in the statements made by the representatives of the Islamic Republic of Iran in the United Nations General Assembly Sixth Committee.

First, the present study used a descriptive approach to examine the three reports issued by the Special Rapporteur of the Commission. It then analyzed Iran’s perspectives on the reports, concluding with an analysis of Iran’s stances.

The present study aimed to examine the Commission’s methodology in studying the general principles of law, followed by an investigation into Iran’s stance concerning the Commission’s conclusions. According to the findings, Iran’s approach to the Commission’s reports on the general principles of law appears to be acceptable in some aspects while warranting further consideration. The positive aspects of Iran’s approach include highlighting the premature presentation of draft materials by the Rapporteur in the initial report, considering a non-hierarchical approach among sources, and advocating for a comprehensive methodology in extracting general principles of law from all legal systems. Conversely, there are aspects that merit reflection, such as solely relying on Article (38) of the Statute of the ICJ for reviewing general principles of law, acknowledging the role of international judges in crafting rules when confronted with legal gaps or ambiguities, recognizing the framework of customary rules as a means to establish general principles of law, basing subordinate rules outlined in Article (38) of the Statute (including the judicial precedent and doctrine) on the general precedent and legal beliefs of states. Regarding the most challenging aspect in the work of the Special Rapporteur on the general principles of law, it must be acknowledged that a review of the third part of Paragraph (1) of Article (38) of the Statute of the ICJ indicates that extracting general principles of law from the international legal system cannot be inferred from Article (38) of the Statute. Therefore, the Special Rapporteur should seek justification beyond mere reference to Article (38) of the Statute.  

The general principles of law hold significant importance within the international legal system. This significance is underscored by the former president of the ICJ, who emphasized that the relevance of general principles will continue to grow, particularly as courts encounter new challenges where existing legal regulations may not suffice, or where there is a need to consider fundamental values recognized by the international community as binding legal regulations or principles applicable to specific conditions occurring in inter-state relations. The present study could offer a sound analysis of Iran’s perspective in light of developments in international law pertaining to general principles. Critically examining and scrutinizing these viewpoints can direct the attention of the Iranian international law community towards the importance of acknowledging Iran’s approach to international law. This, in turn, could facilitate the indirect involvement of Iranian jurists, enhancing the legal stance of Iran’s representatives in the Sixth Committee and other avenues for demonstrating Iran’s approach to formulating international law. Iran’s participation in the Sixth Committee, particularly in reviewing and providing feedback on the Commission’s studies, is inherently a positive move, fostering Iran’s engagement in formulating international legal regulations.

Reason (Aql) has been recognized as one of the sources of inference of rulings by the Islamic jurists. Reason has been used both independently and as a tool for understanding in the service of other sources of jurisprudence (fiqh). With the emergence of the Akhbari school of thought, the prominent figures of this school, such as Astarabadi and Bahrani, emphasized the notion of the revealed and prescribed nature of legal rulings, the inability of reason to comprehend the interests and harms, and the lack of necessary connection between the perception of inherent goodness and badness and the obligation and prohibition (wujub and hurma). Thus, they called into question the use of reason for inference of rulings. In this article, through a case study of certain branches of Islamic jurisprudence, it was demonstrated that the approach to reason in jurisprudence was more prevalent in various chapters of jurisprudence (both in acts of worship and in transactions) before the Akhbaris. However, jurists after the Akhbaris have paid less attention to reasoning. Furthermore, jurists after the Akhbaris have also acknowledged the insufficiency of the ruling of reason in numerous cases, whereas such expressions are not observed in jurisprudence prior to the Akhbaris.

Protection of an industrial design requires several substantive requirements that one of them is "Non-functional requirement". Despite the long history of examining and analyzing this requirement in other legal systems, this important issue has been neglected in Iran's legal system. Insufficient attention to the said requirement has led to a confusion in interpretation and implementation. Considering the importance of this requirement on the one hand and the lack of research in this field on the other hand, this article aims to answer the following questions: (1) how does the registration office during the examination of an industrial design application and the judicial authority in the industrial design cases face the non-functional requirement? And (2) how is the requirement to be identified from the perspective of legislation, organizational procedure of the registration office and judicial procedure? In the following by analyzing, criticizing and evaluating these procedures, it shows that although the requirement is taken into consideration by the registration office and the judicial procedure in some cases, there are incorrect perceptions and approaches regarding its concept and criteria that the main origin is lack of attention to the theoretical justifications of the non-functional requirement. Finally, suitable legislative, organizational and judicial proposals are presented based on the analysis.

The appearance and aesthetic aspects of the products can be protected as an industrial design under design law. In addition to the positive substantive requirements for protecting industrial designs, such as novelty, originality and individual character, another requirement is also provided under the title of "Non-functionality", which is described as a negative requirement in different legal systems. According to this requirement, a design that is solely dictated by functional aspects of the products and is made to solve a technical and functional problem of the products cannot be protected as an industrial design. Considering the lack of adequate research in this field on one side, and lack of clear law provisions in Iranian Law Design on another side, this article aims to answer the following questions through a comparative study in pioneer legal systems: why is the functional industrial design not to be protected? And how is the functional industrial design to be identified? And at the end, although this requirement is justified on the bases of different criteria such as the alternative solutions and causative approach the authors propuses that the main basis of this requirement is the separation of the industrial design system from the patent system, after which efficient competition is also maintained, On the other hand.

Unsolicited commercial messages (spam) are sent electronically and in bulk, without the consent of the recipient, through tools such as e-mail or SMS. Apart from the advantages for advertisers, spam can violate the privacy of internet and mobile phone users and cause economic losses and widespread dissatisfaction of consumers and even merchants. This, along with the possibility of disrupting the functioning of systems such as e-mail and SMS, may lead to mistrust of e-commerce and digital economy.The results of this descriptive-analytical article show that some countries allow the sending of spam even without the consent of the recipient, and their subsequent opposition is considered an obstacle to sending, which is called the opt-out method. Other countries require the prior consent of the recipient that it is known as the opt-in method. The two mentioned methods are applied through three legislative approaches namely with tolerance, intermediate and hard, which are divided and named according to the way of dealing with spam senders and remedies and sanctions. The position of Iranian law regarding the prohibition or permission of sending spam is not very clear. In this article, passing a law or some explicit and transparent legal articles regarding spam, by adopting an opt-in method and predicting efficient remedies and sanctions in Iran, is proposed.

The principle of jurisdiction of public courts is considered as one of the basic principles of any legal system. Trial in special courts is an exception in the area of criminal procedure law. Therefore, in this article, considering the importance and important role of the balance between security-oriented and citizen-oriented approaches in achieving a just and fair trial, while expressing the limitations imposed on the well-known principles and guaranteeing the defense rights of the accused, to the extent to present the possibility of balancing mechanisms between these approaches during the proceedings of the Revolutionary Court. One of the types of specialized authorities in Iran's criminal law, which was formed with the aim of consolidating and stabilizing the foundations of the system, is the Islamic Revolution Court and since the proceedings in these courts are a specialized court by itself, the suspicion of non-observance of procedural guarantees is raised. The mind takes action; Determining the status and degree of adherence to the well-known principles of fair proceedings, such as observing the principle of public proceedings, the presumption of innocence of the accused, the right to have a lawyer, the right to appeal, etc., during the proceedings of this court, is an important and inevitable matter. Although the Iranian Criminal Procedure Law approved in 2012 compared to previous laws and under the influence of human rights and humanitarian perspectives, efforts have been made to create a balance between security-oriented and citizen-oriented approaches and pay more attention to the observance of citizen's rights, but there are still signs of adopting the dominant approach there is a security focus in the proceedings of some crimes in this court, which has caused problems and criticisms.

The International Narcotics control system has imposed strict drug control policies in order to achieve a drug free world. However, ineffectiveness of these polices besides economic, social and health costs make them hard to support. In the meantime, special characteristic of cannabis has steered countries to take a new approach. Colorado and Washington have legalized cannabis. Canada, Uruguay and some other US states, joined this process. On the contrary, international drug control agencies have accused these countries for violating drug conventions. Therefore, the main question of the present study is to investigate how international drug control system will face with the cannabis legalization in the named countries? Accordingly, the purpose of this study is to analyze the developments of the international drug control system following the implementation of legalization policy. In this research, using descriptive and analytical methods, we seek to answer the main question by examining the pro-legalization states approaches, the position of international drug control agencies and member states of the drug conventions, also the drug conventions provisions, as well as the existing legal solutions to remove accusation of violating the conventions. Findings show that despite the resistance of international drug agencies, pro-legalization states have not yet given up on this policy, and other countries may even align themselves with them and make a new order to control drugs. These issues will confirm the research hypothesis on the necessity to review the international drug control system in the light of cannabis legalization.

The administrative system is a coherent and purposeful set of major governmental and state institutions and organizations that operationalize the missions, duties, and programs of the government and state to achieve specific goals. The administrative system covers the management of public affairs in economic, social, cultural, and political dimensions, providing public services and having a broad spectrum. It is a foundation for the development and progress of any society, contributing to the realization of government and state goals and facilitating progress programs if it is healthy, strong, and efficient.
By examining the historical and analytical aspects of existing administrative systems in various countries in recent centuries, three paradigms (or fundamental frameworks) emerge: Public Administration, New Public Management, and Good Governance. The first part of the report provides a general overview of these three paradigms. The characteristics of the Public Administration paradigm, which is largely based on a classical and top-down model, include: the exercise of government authority over all sectors and the geographical scope of the country, the dominance and influence of hierarchical structures throughout the country, uniform regulations and working methods, separation of politics from administration and limiting administration to executive roles and functions, and strict judicial, financial, and political controls in governmental authoritarianism that has not been fully realized as an ideal model in any country. The paradigm of New Public Management can be considered as anti-thesis to the Public Administration paradigm. New Public Management inclines toward the market, downsizing the size of the government, decentralization, outsourcing services to the private sector, and deregulation. This paradigm is based on the market, economics, and applying private sector management and commercial techniques in the public sector. However, the implementation of New Public Management has led to serious issues such as significant harm to the interests of vulnerable groups and low-income groups, a deepening class divide due to privatization of many public goods such as education and healthcare, an increase in service fees in the public sector, labor market adjustment policies in the government sector, and a reduction in government monopolies, leading to corruption and hidden work. These issues have given rise to the emergence of the Good Governance paradigm. In Good Governance, there is a moderate approach from the perspective of absolute government and pure market orientation. Instead, a systematic and balanced thinking is the basis for organizing affairs. In the desired governance structure, the economic, political, and social capacities of the country are allocated and distributed appropriately with fair distribution of political and administrative power and fair distribution of financial resources among the three branches of government. The "government" acts as the helmsman of development, determining the shortest and fastest path to development based on information. The engine that sets the development ship on this path is the entrepreneurs of the "private sector," and these two, in collaboration with the structures of "civil society," will be able to shape the sustainable development cycle. Responsive and transparent financial resource management of the country is stated as one of the goals of social and economic development and the promotion of democratic values, controlling corruption, paying attention to human rights, and accountability. In this paradigm, many of the values of the two previous paradigms have been highlighted and redefined. However, these paradigms and their operational patterns remain ambiguous.

The macro-approaches to judicial review indicate the general orientation of the courts on how to exercise judicial control over administrative actions .In the administrative judicial review literature, three general approaches can be distinguished from each other. The right-based or English approach, which is based more on the red light theory. An organizational-oriented of functionalism or American approach that is based more on green light theory and attention to the requirements of management, efficiency and new public administration. Finally, Hybrid approach or Australian-Canadian models that are more based on the yellow light theory.The main question is, on what basis and theoretical and practical concerns have each of the aforementioned approaches been formed and developed in administrative law? The basic presumption of this article is based on, the foundations of legal systems in the macro model of judicial review is related to the philosophical foundations of law, human rights, and the separation of powers.

Satisfying the sexual desire in a purposeful way and moving towards perfection is considered a principle in the sexual rights of Islam, which has been valued in Islamic teachings for its function of providing physical and mental peace. Satisfying the sexual needs of the spouse is one of the joint duties of men and women, and there are many documents regarding the rights and duties of both parties. What seems to be distinct in the sexual rights of men and women is the right to enjoy sexual intercourse in terms of time, in contrast to the absolute and undisputed right of a man in this matter, the right of a woman is limited to once every four months. In the existing Islamic literature, there are two legal and ethical approaches, each of which has its own arguments. In this research, the evidence of both approaches has been examined with explanatory-analytical method. The results show that the arguments of the legal approach can be criticized, and the arguments of the ethical approach are more sophisticated; As a result of the popular opinion - that a woman has the right to have sex every 4 months - it is the "first rule of Shar' " and the highest time limit that is determined by legislator (or Share') and is related to normal conditions and man cannot be irresponsible towards this need despite things like; woman's youth, desires and sexual needs. Also, according to the decree of contemporary jurists, the situation of custom in the sexual affairs of couples, the precedence of ethic over law in family relationships and the psychological sensitivity of women, the moral approach - the benefit of a woman from sexual intercourse in less than four months and when needed - is strengthened.

The implementation of a justice system founded on unequivocal culpability is likely to yield no outcome other than recidivism. As such, the present study endeavors to redefine the mechanisms that are capable of deterring criminal recidivism within a specific geographical area, while simultaneously enhancing the process of criminal reintegration. This is achieved by mitigating the detrimental effects of punitive measures, such as incarceration. The foundation of the study is established on a fundamental inquiry, which, through a comparative methodology, endeavors to elucidate the means by which non-criminal mechanisms of rehabilitation may be comprehended in offenders. The research question posits the objective of elucidating the scope of containment ideology through a correlation between social theory and crime prevention, through an examination of analogous facets in the Islamic Republic of Iran's constitutional principles, the Quran, and interpretive resources. The present study is grounded in the examination of cognitive theory, employing a descriptive-analytical approach, and utilizing content analysis as a means of data collection. The research's findings describe that the rehabilitation of offenders and its progression follows a gradual and incremental process that by strengthening non-criminal self-restraint measures, it can logically and practically provide appropriate opportunities for crime management and prevention to society.

Distinct encounters with the concept of "Corporate Governance Regime" have given rise to diverse perspectives. Prior studies in Iran guided us towards the prevalent approaches, namely "Anglo-American" and "Continental European," followed by "East Asian." However, in the last two decades in Scandinavian countries, the "Nordic Approach" (semi-dualistic) has emerged from within the "Continental European" framework. Its primary tenets include reliance on the "Stakeholder Theory," "Controlling Shareholder," and "Employee Participation in the Board of Directors," with distinctive features such as "Concentrated Ownership," "Semi-Dual Board," "Bank-Centric Financial Provision," and "High Financial Transparency" serving as its key indicators. Consequently, this research seeks to explore the distinctions and commonalities of the "Corporate Governance Regime" in the Nordic approach and Iranian law through a comparative study and an analytical-descriptive methodology.</span>     Despite noteworthy theoretical and practical efforts in Iranian law to elucidate and actualize the "Corporate Governance Regime" by issuing directives and mandatory regulations for joint-stock companies active in the stock exchange market by the Securities and Exchange Organization's board of directors, the absence of coherent, unitary regulations in this regard has posed challenges for joint-stock companies and their supervision. The elucidation of the "Nordic Approach" in this research, with the aforementioned features, suggests, for the first time in Iranian law, the proposal of regulations aligned with "The Future Law of Commercial Companies" that allocate independent sections to the corporate governance regime. This includes recommendations such as "structural alterations to the board of directors and the establishment of a supervisory body, incorporating shareholders and employees to enhance employee rights," "increasing incentives for the active presence of joint-stock companies in the stock market," aiming to secure more financial resources through the market itself rather than relying solely on entities such as banks, and "incorporating transparency requirements into the regulations of the stock exchange's independent section from the law."

Islam’s motto is the implementation of justice in society. One of the goals of all prophets has been the realization of justice. Justice, as one of the pillars of faith, is defined as the middle ground and the middle of everything, so that everything is in its place and does not suffer from excess and moderation. The line of Islam is the middle ground, neither having the excesses and rigors of the church, nor accepting the licentiousness of Western societies, but rather the main pillar of the call to Islam is justice. In order to implement justice, it is necessary to recognize the prerequisites for its realization. Ayatollah Khamenei, the leader of the Islamic world and a political activist of the present era, has paid attention to this important matter in his social thoughts in theinterpretation of verses about social justice. This paper, using an analytical-descriptive method, has found several prerequisites in three areas:A- The position of social justice.B- The conditions for the realization of social justice.C- The goals and ideals of achieving social justice.The findings of this research highlight the superiority of justice in social relations over individual justice in the view of Ayatollah Khamenei, the realization of which leads to the invitation of the nations of the world to Islam, and justice in defending the oppressed with the power of Muslims in the international arena and government officials’ Taqwa (God-fearing). Also, enjoying Tayyebeh life, negating discrimination, defeating focal centers of oppression, benefiting different talents from the benefits of society and preventing crime are the results of examining the interpretive thoughts of Ayatollah Khamenei

The Nagoya-Kuala Lumpur Supplementary Protocol to the Cartagena Protocol on Biosafety was adopted in 2010 to establish international rules and regulations on liability and redress for damages to biosafety resulting from the transboundary displacement of genetically modified organisms in order to protect sustainable use of biodiversity. Based on strict liability, the protocol holds the operators responsible for their activities, merely by establishing a causal link between the damages incurred and the genetically modified organisms without the need to prove any fault. The protocol also provides two general approaches to prevent and redress any harm to biodiversity: the administrative and the civil liability approaches. This article's main question is how to define the administrative approach and its differences with the civil liability approach? The research hypothesis, which has been proven by a descriptive-analytical method, indicates that these two approaches are not inherently different as regards the necessity to allocate and redress loss. However, with an administrative approach, there is no longer a need for lengthy trials, as it provides a more efficient system for biodiversity protection. The international liability system for genetically modified organisms provides a standard set of legal provisions that helps the Biological Diversity Convention's member states to safely produce, distribute, and transport genetically modified organisms by adopting a strict liability basis and an administrative approach for redress.

hypothetical jurisprudence, which with a little leniency can be called jurisprudence in  vacuum, is a product of foundations, methods, causes and factors, which due to its strong presence in the background and present of the institution of jurisprudence, requires a critical look in order to be more precise and objective with it. Paying attention to hypothetical jurisprudence as a jurisprudential approach is due to the fact that jurisprudence and jurists have distanced themselves from social realities and the objective challenges of the obligees on the one hand, they are boycotted from the government and marginalized on the other hand, has had consequences that in this article, while pointing to some of its foundations and harms, have been tried to be addressed on a case-by-case basis as a result of the lack of attention to thematics, an issue that has been considered by thinkers and those concerned about making jurisprudence more efficient in these decades.In this essay, the mentioned problem has been researched with a descriptive, analytical method and with a critical approach, and the hypothesis has been strengthened that the lack of attention to jurisprudential thematics and the decline of its place in the operation of inference is mainly the result of the rule of the hypothetical approach to jurisprudence.

Humans have been familiar with political crimes since the beginning of human existence, so this article aimed to identify political crimes in Iran and the United States. According to the law, any offense of insulting or defaming the heads of the three branches, the chairman of the Expediency Council, vice presidents, ministers, members of the Islamic Consultative Assembly, members of the Assembly of Experts and members of the Guardian Council is an insult to the head or political representative of the country. Foreigners entering the territory of the Islamic Republic of Iran In the election laws of leadership, presidency, Islamic Consultative Assembly and Islamic councils of cities and villages, spreading lies, if committed with the motive of reforming the affairs of the country against the management and political institutions or domestic or foreign policies of the country, without intending to strike To have the principle of the system is a political crime. All crimes can be considered political; Because behaviors are legally through a political process, according to which the interests and views of a particular group are served. Political crimes can be distinguished from other types of crimes; Because these kinds of crimes attack the whole value system of a government, not a small part of it. Such acts pose a threat to the ruling political power because they are a criminal act by a conflicting regime.

The protection of immovable cultural heritage in the England legal system is based on several principles. The principle of publicity and Public participation is the most important principle governing the protection of cultural heritage in this country. These two principles state that cultural heritage is a public resource that the public should have access to and be able to participate in the protection and preservation of this heritage. In the Iranian legal system, the protection of cultural heritage is considered as a matter of governance. The sovereignty of this matter indicates the unrestricted enjoyment of cultural heritage by the people. The basis of the England Cultural Heritage Protection System is based on public and voluntary participation and the colorful role of public non-governmental organizations in various aspects of protection is the distinguishing feature of the England Cultural Heritage Protection System compared to the Iranian legal system. In the Iranian legal system, the protection of cultural heritage is the responsibility of government institutions, including the Ministry of Cultural Heritage, Tourism and Handicrafts and its affiliated departments. In general, it can be said that the existence of institutional diversity, professionalism and popular participation in the English model of cultural heritage protection has brought an effective and efficient protection system in order to preserve heritage. The main question of this research is in the light of the principle of publicity and public participation, how is the registration of immovable cultural heritage in the two legal systems of England and Iran and what institutions are involved in the registration process.

Prevention of e-money laundering has a defensive aspect from two perspectives.One of the perspectives of the crime scene is cyberspace, which,with protecting the subject of crime takes precedence over preventing the occurrence of crime,and preventive measures are in the position of protecting computer values so that the perpetrator does not touch them.Unlike crime prevention in the traditional or physical space,the authority to act is in the hands of the perpetrators, but in cyberspace,the perpetrator is in the hands of the perpetrators, and the perpetrator is more of a guard than an opportunity to commit a crime.The second is from the perspective of electronic financial exchanges, which are based on features such as speed, mass and spatial diversity in practice,out of reach of preventive measures.What will be an open environment for mastering and creating controlling software measures is only the limited financial institutions,but this mastery in exchanges is minimized. In this regard,the prevention officer inevitably resorts to a defensive approach in crime prevention.This article,based on library and Internet resources and in a descriptive and analytical manner, tries to examine the challenges and strategies to prevent e-money laundering from the point of view of defensive and offensive measures.The approach is based on the defense approach in the prevention of e-money laundering,according to which the values of cyberspace on the one hand and the effectiveness of preventive measures in cyberspace on the other require financial exchanges in cyberspace in terms of origin.And control the origin and the direction of the exchange path.

Cybercrime is one of the types of crimes that are born of the technological and modern society. Therefore, there are many ambiguities about the nature and background of such crimes on the one hand and the characteristics of these crimes and their perpetrators on the other hand. Also, the differences between cybercrime and other crimes, prevention and combating cybercrime require special police actions, including preventive measures in this regard can be the effective presence of the police in the field of cyber, public education and providing special training to individuals and He pointed out the organizations that are exposed to cybercrimeDealing with cybercrime and their pursuit by the police requires special expertise and steps, because cybercrime is a disturbing feature that the crime scene is such that officers at the crime scene in addition to the general action at the crime scene must also take visa measures. DoIn this article, while enumerating the police actions in the scene of electronic crimes, we will explain the most important of these crimes with regard to the law of computer crimes.

Modern registration is an evolved form of traditional registration and the product of the information technology revolution. Modern registration is the knowledge that registers documents and property with electronic devices such as electronic signatures, fingerprint scanners and intelligent registration systems to ensure property security and prevent From the occurrence of the crime, be against property. From the point of view of preventing crimes against property, applied preventive criminology also prevents the occurrence of crimes by studying scientific methods of prevention, because both the knowledge of electronic registration and preventive criminology use scientific tools and methods to control crime. And they have a common mission of crime prevention, so both knowledge are related in "method and purpose", so, it seems, the new record is a clear example of applied preventive criminology, which aims to prevent the situation of crime in the field Property is real estate and ownership.The purpose of this article is to explain the role of modern registration in crime prevention in both the legal systems of Iran and the UAE. The research findings, which have been done through a descriptive-analytical study of the laws and texts of the two countries' registration law, with a comparative view, prove that the new registration with digital measures and tools such as: biometrics, national smart card, electronic registries and cadastral system, reduces or In some cases, even the elimination of lawsuits and, finally, the prevention of crime in both the legal systems of Iran and the UAE.