جستجوی مقالات مرتبط با کلیدواژه "چالش ها" در نشریات گروه "فقه و حقوق"

This article examines the development of exports based on Islamic jurisprudence and introduces related challenges and solutions. Export, as one of the main factors of economic development of countries, plays a significant role in economic growth and progress. In this regard, the principles and rules of Islamic jurisprudence can be considered as an effective solution for developing exports and strengthening international trade relations.First, in this article, we examine the concept and importance of export based on Islamic jurisprudence. Fiqh, as a legal and moral system in Islam, determines the rules and regulations for commercial behavior and international trade. In this section, we examine the jurisprudential principles and concepts including justice, trustworthiness, non-exploitation, property rights and fair trade in exports.In the following, we examine the challenges that exist in the development of exports based on Islamic jurisprudence. These challenges can include cultural differences, international sanctions, financial and intellectual property issues, international trade laws and economic issues. In this part, we will analyze the factors affecting the development of exports based on Islamic jurisprudence and identify the related obstacles and issues.Then, solutions for solving these challenges and developing exports based on Islamic jurisprudence are presented. These solutions can include strengthening education and awareness about jurisprudential principles of business, forming jurisprudential advisory teams in organizations, creating support mechanisms and encouraging the promotion of business ethics and Islamic principles in industry and commerce. Also, more research in the field of export development based on Islamic jurisprudence and its effect on export performance is also suggested.Finally, this article concludes that using the principles of Islamic jurisprudence in export development can significantly improve the commercial and economic performance of countries. By providing the mentioned solutions, existing obstacles and challenges can be removed and improvement in export performance based on Islamic jurisprudence can be facilitated.

The use of new technologies such as robots and artificial intelligence is expanding rapidly, and in this era we are witnessing the arrival of independent robots that act independently of the will of their creators and beneficiaries. It is expected that, like any development, this development will have a relevant impact on the law in general and criminal law in particular. This change includes the transformation of the concept of criminal responsibility and new methods of punishment. The purpose of this article, which is written in an analytical-descriptive method, is to study and examine some of the current challenges of robots with complex artificial intelligence that have autonomy, or challenges that may arise in the future; Especially if artificial intelligence technology and robots are developed and used on a large scale. When dealing with the issue of committing criminal acts such as gambling by robots, a question comes to mind that, according to the current criminal laws, is it possible to accept criminal responsibility and impose the punishment of gambling on these human artifacts or not? It seems that according to researchers' opinions and legal theories, robots have criminal responsibility, although the punishment of hadh gavadi cannot be applied based on the current laws regarding robots, but the possibility of penal punishment based on the note of Article 639 of the Islamic Penal Code and Article 167 of the Constitution envisages. Finally, a guilty robot, as fanciful as it seems today, may be neither unrealistic nor unlikely in the future.

Recognizing the norms and regulations of international law and guarantying the international activists’ commitments necessitate a provisioning of international responsibility system for them. Using the descriptive and analytical methods and library data, the present research studied and explained the Islamic jurisprudential fundamentals of and political challenges for the governments’ and NGOs’ international responsibilities. The research findings showed that despite the lack of discussion on the subject in the Islamic jurisprudence, several jurisprudential regulations – such as the negation of hardship, the rule of prohibition of helping to commit a crime, the prohibition of detriment, as the most important ones - can be used as the fundamentals to justify the governments’ and NGOs’ international responsibilities. Despite this, there are several political challenges – the governments search for profits, their intervention in establishing the international laws, and political considerations effects on the election of judges for the international trials, as the most prominent ones - for the governments’ and NGOs’ international responsibilities.

AbstractA large part of the tax proceedings in Iran is the responsibility of the administrative authorities, and for this reason, the said process should be in accordance with the standards and principles of "good administration". In this regard, in this article, the degree of compliance of the current laws and regulations of the country in the field of tax proceedings in terms of the new law, with the criteria of good administration, has been examined in the descriptive-analytical method, and finally the conclusion has been reached that although Among the mentioned criteria, the principle of legality is respected more than other principles, but despite this, the principles of impartiality and independence, hearing, access to the file and legitimate expectation have not been given much attention, and the principle of observing a reasonable deadline is also despite the existence Legal rulings are only implemented in a part of the tax proceedings The implementation of the principle of providing the reasons for the administrative decision has not been considered very desirable and has not been paid attention to; Also, the principle of proportionality in tax proceedings is generally neglected; The principle of compensation for the damage caused to the citizens is also enforceable according to the provision in the law and through the supervisory institutions of the administration, especially the Administrative Court of Justice. Therefore, despite the reforms in tax proceedings and little improvement, the aforementioned principles have not been given much attention and care, and this necessitates the review and

 Punishment, regardless of its quantity and quality, is always a requirement for the protection of social order, which has been determined by the legislature against crime and violation of norms, and is sometimes intensified. Intensification of punishment is one of the components of the principle of personal punishment and of the practical and challenging nature of public criminal law. One of the common causes of this issue is the number of credits that the legislator has dealt with in Article 3 of the Islamic Penal Code (approved in 1392). Due to the importance of discussing pluralism in criminal law, dire consequences and its non-belonging to a specific crime, the present study, while examining this important and explaining its various dimensions, expresses the challenges that have arisen in line with the provisions of this institution in practice, and to overcome them Has stated solutions. The main question of the article is what challenges can be faced by the institution of credit institution in practice and what solutions can be offered?

The outbreak of the Covid-19 pandemic, whether naturaly or designed in biological laboratories with strategic goals, is an alarm bell in regard to biological threats. Extensive development of biological sciences and the possibility of genetic manipulations remind us of the possibility of genocide and generational abuse, and the increasing threats of bio-terrorism intensify this concern. This demonstrates the necessity  to strengthen the universal efforts for the destruction of biological weapons and their agents. The main obligations under the biological weapons prohibition system are outlined in the 1972 Convention on Prevention of Biological Weapons (BWC). But the lack of oversight by the monitoring body, as well as the lack of sufficient and independent guarantees to monitor violations of obligations, have made the effect of its function impaired and ambiguous. Identifying biological scientists, compiling codes of conduct and limiting terrorists access are among the strategies that can be made possible only in a new multilateral and comprehensive instrumentt which includes provision of an independent international monitoring body and sufficient guarantees.

With the legislator's deviation from the approach of pure obedience of the dadyar as one of the investigation authorities to the prosecutor in the drafting of Article 92 of the Criminal Procedure Law, an important step was taken towards the independence of this authority in the criminal investigation process. The new legislative approach promises to adopt a unified judicial policy in order to accept the investigative dadyar as a judicial authority and respect his independence. However, the lack of full-fledged entry into this field has not only caused some of the approaches and views that disrupt the independence of the dadyar to remain unsolved as in the past, but also gives every official the opportunity and courage to abuse the powers and legal loopholes. Anan has taken the initiative and with different interpretations, to strike a blow on the independence of this research authority in judicial and other matters. Therefore, what has been analyzed and targeted in the upcoming research is the analysis of the challenges faced by Dadyar's independence in preliminary research. This qualitative research, along with in-depth interviews with some officials of Iran's criminal justice system, revealed the most important legal challenges (ineffective intervention of the prosecuting authority, the dominance of guardianship and lack of trust in the investigating dadyar, ambiguity and overlap in the dadyar's duties and the insular performance of this official, inflation referral cases and their extradition) and extra-legal (unregulated statism, pressure of power and wealth centers, structural and judicial requirements and expectations.

The restless nature of humanity has always driven it towards the unknown, resulting in the introduction of new tools and ultimately changing the human lifestyle on this ancient planet. Artificial intelligence, a transformative power in our modern world, is one of these tools that has brought about a fundamental transformation. This phenomenon has created opportunities in all areas, including environmental sustainability and climate change, defining and designing facilities and capabilities that are very effective in securing, optimizing, and preventing biodiversity extinction. However, despite artificial intelligence's opportunities for easier and more advanced living, it has also been accompanied by challenges. This paper, while introducing this phenomenon, highlights some of the challenges and opportunities of artificial intelligence and examines its implications for sustainable environmental development

Cryptocurrencies are often portrayed as a great competitor for the current financial system, which promises security, speed, transparency, increasing financial transactions and creating a fairer economy, preserving privacy and eliminating administrative formalities. Assuming that we accept all these things, but the crypto world does not always have positive aspects. Governments, regulatory agencies, central banks and other financial institutions are trying hard to consider the prospect of cryptocurrency decentralization from the point of view of the legal and criminological challenges it has created; But there are still many important challenges such as committing crimes such as: money laundering, terrorism financing, drug trafficking through the use of these cryptocurrencies. The main question of this research is, what role do cryptocurrencies play in creating black business and what mechanisms are there to prevent it? Does this business exist? The results of the research indicate that in order to prevent black business, solutions such as the use of smart contracts, the need to legalize cryptocurrencies, monitoring exchanges and banks, etc. can be used. The research method in this The research is descriptive-analytical.

One of the foremost defense rights of the accused enshrined in international documents and legal systems of most countries including Iran and the People's Republic of China is the right to remain silent and the right to refrain from self-recrimination in the face of interrogation by a legal body. And handing evidence of innocence is an example of a fair trial. According to Article 197 of Iran’s Criminal Procedure Law, the right to remain silent has been explicitly acknowledged but there is no legal provision for the right to self-incrimination, and this issue is subject to controversy on the part of lawyers at home. Nonetheless, according to Iranian and Chinese jurists, the observance of these two rights in criminal proceedings is open to discussion in terms of its executive dimensions and there are quite a number of differences between them. But with regard to Iranian lawyers' view about the purview of applying the right to silence, there are some concerns that should be considered; furthermore, some instances such as investigation and prosecution officials' lack of responsibility for proclaiming the defendant the right to silence, lack of recognizing the exclusionary rule of evidence and lack of requiring audio and video recording during the course of investigation and envisaging the arrangement of the mechanisms thereof have been less noticed by the legislator. In contrast, whereas the Chinese legislator explicitly pointed out the matters of the right to silence, the prohibition of self-incrimination under duress and the exclusionary rule of evidence, the observance of the rights has been subject to conflict in Chinese criminal proceedings in respect of law enforcement; that is, there are a myriad of notions among them.Hence, this article attempts to investigate in a descriptive and analytical way the obstacles and challenges in implementing these rights in Iran and China’s penal systems.

Crime prevention, as a main active strategy of criminal policy in Iran, is based on a series of laws and regulations, acted with aiming at normalizing and systematizing active responses to crime. These rules and regulations, which are the most important source of "crime prevention law", have such limitations and challenges that seriously damaged the fundamentals and strategic principles of crime prevention law and faced it with an "identity crisis". Therefore ,  it is necessary to study these challenges in order to give identity to crime prevention law and maintain its position. This article, using a research method based on the logical and hermeneutic analysis of the contexts of these rules and regulations and taking into account the foundations and strategic principles of crime prevention, examines the nature and bases of these challenges and their solutions.

Nowadays crime prevention as a systematic strategy of criminal policy is based on a series of laws and regulations. These rules and regulations as well as practical procedures, which is so called as "crime prevention law", are approved and implemented with the aim of normalizing and structuralizing crime prevention. In Iranian legal system, there are many substantive and procedural laws and regulations including Article 156, Clause 5 of the Constitution, the Improving Administrative Health and Combating Corruption Act (2013), the Combating Goods and Currency Smuggling Act (2012), and the Crime Prevention Act (2016), which have passed with the aim of constitutionalizing, normalizing the preventive criminological doctrines and systematization of the active strategy of criminal policy to control crime. But analyzing the contexts of these rules shows that the legislator has ignored many of the principles, bases and strategies of crime prevention in the process of approving or amending them, which has faced crime prevention law with fundamental challenges in Iran. So that,  they have shaken the existence of crime prevention law and  raised  many questions such as: what are the bases of  these challenges, is it possible to talk about crime prevention law as an organized, scientific and systematic criminal policy strategy in the field of criminal policy? Are these challenges not the reason for the existence of "identity crisis" in crime prevention law? This article, taking into account the bases and strategic principles of crime prevention, examines the nature, foundations and solutions of these challenges in several axes of procedural, substantive and substantive-procedural ones.

This article examines the nature, foundations and solutions of the basic challenges of crime prevention law in Iran by using the method of logical and hermeneutic analysis of the contexts of crime prevention laws and regulations.

This article has examined the basic challenges of crime prevention law in Iran based on the foundations and strategic principles of crime prevention.The findings of this research shows that these challenges are of different nature, some of them are procedural, the other ones are substantive and  the third ones are procedural-substantive.  lack of comprehensive, integrated and independent monitoring and performance assessment system, lack of coherence and integrative policy-making and management system are the most important of first ones. Lack of adequate and effective implementation guarantee, risk and security-oriented crime prevention law are of the second ones. Non transparency of crime prevention law, duty or conduct (not-result) based preventive  obligations of the states  and non- independence of crime prevention law (dependence on classic criminal law and criminology and pressure and interest groups) are of. multiple nature ones.

The existence of strategic and fundamental challenges has faced Iranian crime prevention law with some of "identity crisis ". So that, we can not speak of crime prevention law as an organized, scientific and systematic active strategy of criminal policy. In order to give identity to crime prevention law and maintain its independence it is necessary,that the  structure of law-making institutions to be reformed in the first place. The legislator must pay attention to the fundamentals and strategic principles of crime prevention, especially of trans-sectoral, knowledge-based, participatory and solidarity, sustainability and human dignity principles in the second place. It requires that the legislator dissolves all institutions and parallel structures of crime prevention and strengthen the status and credibility of the Supreme Council for Crime Prevention. Two basic actions should be done in this regard: First, the Supreme Council for Crime Prevention, based on the strategic principles, be constitutionalized in the Constitution, and based on that, the normal laws of crime prevention, including the crime prevention act (2010) should be reviewed and reformed. Second, in the case of non-constitutionalization, the objections and substantive or structural problems of the crime prevention act and the Supreme Crime Prevention Council should be resolved by revising and amending the law based on the solutions mentioned in the article. Changing the nature of preventive duty-oriented obligations of governments to result-based ones and criminalizing state crimes and create the necessary judicial structures to deal with  the cases of violations of preventive obligations of governments at the national and even the regional or global level is another fundamental step to identification  of crime prevention law.

Considering the characteristics governing security crimes and the complexity of the discovery and the preliminary investigation process related to these crimes, it is important to review and analyze the legislative policies in this area. Therefore, with the brevity and ambiguities that exist in the area of security crime proceedings, the purpose of writing this article is to estimate the existing challenges and provide solutions to solve them.

In terms of purpose, this research is practical and in terms of the nature of the data and the method of implementation, it is qualitative research and exploratory. For data analysis, the method of content analysis of interviews and related scientific documents has been used. For this purpose, the legal provisions related to security crimes proceedings, jurisprudential and scientific sources were examined and 25 organizational and non-organizational experts (academic experts, judicial authorities and crime detection officers) were selected in a targeted manner and the theoretical saturation stage was conducted in-depth interviews. It was done. The reliability and validity of the data was confirmed based on three indicators: "Transferability", "Verifiability" and "Reliability Audit".

Based on the results of the content analysis of the reviewed documents and the conducted interviews, the challenges in the field of detection and investigation of security crimes in the police investigation process can be divided into 34 basic themes and 4 organizing themes (silence, ambiguity), summary and legal void) and two overarching themes (the need to revise the law and develop a differential procedure).

Due to the substantive and formal characteristics governing security crimes, as well as the ambiguity or brevity in the existing legislative policies, the process of discovery and preliminary investigation of these crimes is always accompanied by challenges, especially in the face of ensuring and guaranteeing the rights and freedoms of individuals.In the field of criminal policy, in order to resolve the ambiguities in the process of discovering and prosecuting these crimes, it is necessary to adopt a codified differential procedure or to amend and update existing laws in this field.

Considering Connected Crimes, there is disputes among Law experts and judges as the legislators has neglected them. Connected crimes include committing two or more offending behaviors which have independent components, and several instances of this type of crimes were stated in Iran Penal code including Islamic Penal Code. In some regulations, the legislators stated the case and the rules for passing a sentence, therefore, in some cases it is regarded as one crime with one penalty and in some examples, they just stated the instances without referring to the rules for passing a sentence. As a result, whereas the legislators have ignored the rules for passing sentence for connected crimes, a lot of challenges in penal code and judicial precedent were made in many year including stating different proofs in penal rules, not designating a uniform principal for passing a sentence for this type of crimes, presenting different counselling ideas by the Law departments, issuing different judgements by the judicial authorities and prolongation of hearing. In this article, the writers will state the challenges, investigate the proper solutions and offer executive

BITs and practice of investment arbitration tribunals have taken steps to reinforce human rights in international investment law, although it will be gradual and requires cooperation with contracting parties and efforts at the international level. This paper adopts a descriptive- analytical method and tries to provide solutions to overcome the obstacles that hinder human rights development by pointing to these challenges in the international investment law system.Research findings indicate that international investment law has paid attention to human rights in the way of promoting international investment flow. Despite development and promotion of human rights and human rights obligations in the international investment law in the last few decades, this issue has always been facing challenges and obstacles. The challenges have political and jurisdiction nature, and require different decisions in the same cases. It seems that solutions such as the codification of a multilateral international treaty on foreign investment, and awards rendered in accordance with the human rights obligations and arbitral practice could address the mentioned challenges.

According to the law, a criminal warrant will be issued by the judicial authority if the accused is considered guilty. Considering that one of the criminal security agreements according to the law of criminal procedure is the guarantee agreement. Upon the issuance of a bail agreement, the accused will be released on bail. In this case, and if the result of the criminal process is a final conviction, the guarantor is obliged to present them if notified. However, the guarantor's obligation to be present is a general obligation. In other words, the guarantor must appear before the competent judicial authority whenever summoned. "Professional sponsor" is a term that applies to persons who, in order to make a profit and not to present the accused, and sometimes by presenting fake identity and financial documents, sponsor several persons in the judiciary . Professional guarantors prevent access to the accused, as if no bail has been issued and the accused have been released unintentionally. This invalidates a clear violation of legal requirements and the effectiveness of criminal proceedings. A sponsorship contract is void due to the sponsorship of a professional sponsor due to having an illegitimate direction. The professional guardian is also prosecuted by the prosecutor for aiding and abetting the trial. The solution to this legal dilemma is to amend the law. In such a way that in addition to proving the guarantor's innocence, the status of the number of guarantors in the judiciary is determined and his non-professional guarantor is also verified.

Hijab, as an Iranian-Islamic belief, is considered an example of public decency. After the Islamic Revolution, efforts have been made to promote the public culture of the hijab through cultural and legislative methods. In this regard, the adoption of the Law on the Development of the Culture of Chastity and Hijab in 2005 by the Supreme Council of the Cultural Revolution after the Revolution is one of the most complete and perfect laws. The law defines responsibilities for ministries, government agencies, and public institutions, including law enforcement. In order to fulfill its duties and powers, the law enforcement force has implemented the plan of Nazer One in dealing with unveiled and unveiled people and confiscating their vehicles. In the present article, the researchers have analyzed the basics of the legal legitimacy of the implementation of this plan in an analytical and descriptive way, while reviewing the theoretical and practical issues raised by the opposition in implementing this plan and the reasoned and documented answers to these challenges. Finally, they provide cultural and legal solutions to deal with the issue of bad hijab and reform the plan.

Haarp technology, as the most modern technology, has been in the possession of the global arrogance, and although its purpose has been declared more research, medicine and for the benefit of humanity, in fact it was not, and its criminal uses have been in violation of human rights. The fact that this technology is at the disposal of infidels and designed for their oppressive purposes has led to jurisprudential and legal challenges in the Islamic world. The main purpose of this article is to examine the jurisprudential and legal challenges facing this technology. The research method is descriptive and analytical and the research findings indicate that the inclusion of jurisprudential rules in the land of infidels, non-compliance of infidels with jurisprudential rules, lack of real rulings, lack of jurisprudential review and lack of fatwas on emerging technologies The most important jurisprudential challenges and non-criminalization of criminal applications, the lack of recognition of Haarp technology as a weapon of mass destruction, the lack of recognition of Haarp technology as a terrorist weapon and the lack of recognition of Haarp technology as a biological weapon as the most important legal challenges in the international community Is raised.

What is introduced in Iran as a portfolio management company is known in other countries with different titles such as asset management companies, portfolio management, capital management and wealth management, which is equivalent to asset management from other terms, with the content of portfolio management that is popular in our capital market. The customers of portfolio management companies are divided into two categories: real customers and institutional customers. Real customers or ordinary people, which means households or rich people, but institutional customers also include insurance companies, pension funds, banks, etc. The tools used by portfolio managers in the world are mainly dedicated accounts, investment funds with variable capital, investment funds with fixed capital, money market funds, exchange-traded funds, combined ETF funds, private equity funds, and finally hedge funds. Dedicated accounts are similar to these brokerage contracts in Iran, during which the broker buys and sells with the customer's money in a code specific to the customer. Little information is available about this sector because the contracts are private and there can be significant differences between customers. Portfolio companies generally do not invest their own money, but invest for clients. Therefore, the main income of portfolio management companies is not from investment income, but from portfolio management fees. In fact, the portfolio manager is a legal entity that forms a stock portfolio and buys or sells or holds securities for the investor, taking into account the investor's goal and level of risk-taking in order to make a profit for him. The legal basis for its establishment and management is after paragraph (33) of Article One of the Securities Market Law, the "Establishment and Activity of the Portfolio Management" instruction and the sample contract of the portfolio management company with the investor, which enumerates the terms, conditions and regulations for issuing licenses and activities of this financial institution. From the birth of portfolio management in the country until today, this financial institution has faced challenges with various elements such as the stock exchange organization, investors, brokers, Central Securities Depository, banks, information processing companies and etc. The purpose of this article is to examine the mentioned challenges, which was compiled in a descriptive-analytical way, using library resources and obtaining the opinions of managers and market participants. One of the problems that exist in the way of the activity of indirect investors is the time-consuming and difficult process of indirect investment through portfolio management companies compared to direct investment in this market. The competitive environment created by the brokerages has caused certain privileges to be considered for direct investors and mainly people prefer direct investment in this market to indirect investment. The dominance of the brokerage institution as well as the bank and the conflict of interest that exists between the activities of brokerages and the indirect investment of people in the capital market are among the most important problems and obstacles to the development of indirect investment. Another problem that stands in the way of the development of direct investment in the capital market is the governance perspective. Although indirect investment in the capital market is always supported in the talks, in practice, the tools and regulations governing the capital market, including the range of volatility and volume, have been based on a kind of short-term and unprofessional view of the capital market. Portfolio management companies do not have the possibility to receive credit directly from the bank for leveraged funds, and to receive credit, they are forced to receive credit through brokers. Also, investment funds are considered the most important tools of portfolio management companies. However, after receiving the license of the portfolio management companies to establish a fund, a long and difficult process must be completed. Meanwhile, in the big capital markets of the world, some asset management companies manage more than 2,000 funds. In addition, portfolio management companies do not have the possibility to announce the minimum possible profit forecast for their portfolios and funds. All these problems have caused weakness, exploitation and short-termism in the method of indirect investment, especially portfolio management. Solutions to solve problems are: amending the guidelines and rules related to the minimum capital and manpower of portfolio management companies, changing the attitude of investors from short-term to long-term by granting long-term licenses to portfolio managers, tax exemptions for the variable commission of portfolio managers, solving infrastructure problems related to core transactions and software in order to speed up the buying and selling process and transparency of transactions for investors, the need to accelerate the issuance of necessary licenses for the establishment of funds by portfolio managers, revision of the guidelines for the establishment and activity of portfolio managers, and considering things such as the possibility of freezing the investor's code, drafting and approving a comprehensive law on the prevention and management of conflict of interest in order to reduce the field of corruption and conflict of interest in this financial institution.

The purpose of this research is to examine the challenges facing the criminal justice system regarding post-exit care. Therefore, this issue was investigated using the library method and in a descriptive and analytical way. The current research aims to provide a model by examining the challenges of post-exit care and by introducing the experiences in this field, through mechanisms at the level of the approach of reforming criminals in post-exit care in Iran's penal regulations. Suitable for monitoring offenders in the post-release care process. Apprenticeship, employment, marriage, continuing education, granting bank loan facilities, etc., are among the mechanisms whose effectiveness, as a result of this research, is suggested for implementation during imprisonment. In recent decades, criminal justice systems have taken a special look at social, economic, cultural, educational and educational measures for their criminal policy strategy in order to eliminate and limit the causes and opportunities of crime. In this regard, the issue of post-release care is a new chapter that has been opened with goals such as re-adjustment and prevention of recidivism. Actions that are performed as after-exit care can play a significant role in preventing the recurrence of crime and its use is very effective in promoting social capabilities. And finally, it is appropriate to put all our efforts into humanizing the environment as much as possible and providing all the new ways of reforming and rehabilitating prisoners