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

In approving the Islamic Penal Code in 2013, our country, based on rich religious sources and Islamic standards, the Qur'an, Sunnah and reason with the approach of "criminal tolerance" approves benevolent and opportunistic institutions such as suspending punishment and new institutions such as impunity, postponement of sentence, alternative Imprisonment in Articles 39, 40 to 57 in the section on light punishments, grades 6, 7 and 8, and according to Articles 87 and 94, all punishments committed by juveniles are adapted and prosecuted institutions, and alternative prosecution and the usefulness of the prosecution system, such as: Suspension and postponement of the prosecution The filing of the case, the cessation of prosecution and mediation in Articles 79 80, 81, 501, 502 and 551 to 558 of the Criminal Procedure Code approved in 1392, amended 1394 provided. It is closely related to many concepts of progressive criminal policy, such as: human dignity, individualization of criminal justice, impunity, etc. In this article, with a descriptive-analytical method, it can be inferred that the examples and scope of tolerance in lenient institutions and facilities and its application in some Sharia punishments and the scope of approaches based on tolerant facilities and facilities such as suspension of prosecution, postponement of prosecution, Mediation, filing a case, etc. in crimes subject to hadd, retaliation punishment, diyat, and especially ta'zir punishments can be enforced by observing the principles and norms of Sharia. Although in theory it requires basic research and study, objectively and practically the need for field research can be cited. It is hoped that jurists especially in universities and headquarters of the judiciary, make this important as a research priority and to implement whatever More and better, the current regulations should be adequately monitored in order to reduce the criminal population and related crime statistics and to ...

Technological advances in any domain effects other domains as well. International law and especially international boundaries take advantage of technical progresses or considering the factors which existed before but they have been neglected and put these factors in the service of its demands. Maybe if we consider each of the technical factors separately, we cannot understand their role properly in boundary domains, but we study their setting in the form of boundaries determination and consider the package generally and investigate the relationship of internal factors. It is clear that technical factors have developed a great evolution in determination of territorial boundaries. Eventually, when the technical parameters are employed for determination of territorial boundaries, in fact they serve to its purpose; the purpose is nothing than maintaining international peace, order and security, the fact that is the existential philosophy of the United Nations organization. Thus, non-human factors have been served for human factors and maintain its values.   Definitely next advances in technical factors will be along with other revolutions in boundaries domain.

Criminal liability of legal entities, including new and emerging issues in the criminal justice system is born. Despite the adoption of these important public interests as told by lawyers, principles, and elements of criminal responsibility for this category of persons has not been analyzed properly. Thus, the criminal law cannot be the same way and measure that determines the basis for criminal liability for individuals, criminal liability for legal entities to measure, and the principles of criminal liability of legal entities of the necessary analysis of criminal law. In this paper, based on the subjects to analyze the most important element of criminal liability for legal entities, the constituent elements of criminal capacity with an emphasis on Islamic Penal Code will be discussed in 1392. Essential component of the criminal investigation capacity can be more correct analysis of criminal liability of legal persons and better understanding of the subject could be offered.

Among the legal systems, there isnt any country, that validates an agreement which has unknown subject-matter and is concluded with ambiguity. This consensus among civilized legal systems goes deferent ways with the question that how ambiguity of contract will be assessed. Some of them, such as common law countries, have liberal approach; but in Iranian legal system the minimum of ambiguity can lead to invalidation the contract. In this legal system, there is two related term for the subject: determination and specification of all matters that lays in domain of an agreement. We suggest that determination, per se, cant assess the ambiguity of contract, except we’d got another element in the assessment: enforceability of the contract. Also we got the meaning of Qarar in Sharia Law for specifications of subject-matter of the contract. This approach can help us to observe domestic and international customs and uses, in the field of contract law.

The right to self-determination is one of the fundamental and most crucial principals ofinternational law. Such cruciality is emerged from violating territorial integrity of countries. There will be no controversy over territorial integrity while colonies apply their right to self- determination; but recently after separation of Abkhazia and Ossetia from Georgia, Kosovo from Serbia, initiating the separation process by Kurds and Catalonians in Iraq and Spain, a controversy has arisen over territorial integrity denial in situations of serious human rights breach. Theory of remedial secession not only states such questions but also believe in supremacy of human rights over territorial integrity in humans rights breach situations. Studying on this theory constructions, indicates that there are some conflict between this theory and principal of interpretation of treaties under articles 31 and 32 of 1969 Vienna treaty. At the same time such theory goes beyond the existing rules and principals of responsibility of states and has criminal nature unlike the principals of responsibility of states which have remedial nature.

States are one of the main subjects of international law. There is no all-agreed definition for the concept of state. The only document that defines the elements of state is the Montevideo Convention on the Rights and Duties of States, known as Montevideo Convention 1933, in which a State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other states. There is no agreement on the limits and ambit of such traditional qualifications. The increase in the number of states, especially in the second half of the twentieth century onward, with the absence of some of the above qualifications, indicates the formation of new criteria based on legality and legitimacy. Such novel qualifications are jus cogens rules of international law, including the formation of new states based on the “right of self-determination” and the principle of the prohibition of “use of force’.

The principle of non-interference one of the founding principles of the United Nations including the fundamental rights and duties of states is rooted in the principle of the sovereign equality of States. Despite efforts by the universal community after the formation of the United Nations Towards definition of the principle of non-interference and the resignation of the states use of force in international relations, unfortunately once again are witness returns to the practice of some states to former and recognize the principle of intervention. In such circumstances, the legitimate use of force and violated the principle of national sovereignty in international transformations of the great powers universal peace and security will be faced with serious challenges.

A relatively unprecedented approach has been proposed by some international lawyers in regard to the legitimacy of unilateral secession in International Law. According to that, in special circumstances a part of a population of an existing state has a remedial right to secession and in such circumstances; International Law does not protect the territorial integrity of a sovereign state. The basis and foundation of such argument relies on the inverted reading of the “Safeguard Clause” embodied in the United Nations General Assembly Resolution 2625 and 1993 Vienna Declaration and Programme of Action. The status of remedial right to secession in Customary International Law could be observed as one of the important sources of International Law. According to considerable supports for the remedial right to secession in doctrine, this article is to determine whether under contemporary International law, remedial right to secession is being promoted as a Rule of Customary International Law or not.

Participating in elections and voting in the Iranian legal system has a status different from other legal systems. In Iran's legal system which is based on the Shiite jurisprudence, the right to vote has been blended with the responsibility of the people in self-determination, the responsibility of the people versus the rights of others in the community and also sovereignty and stability of the Islamic state and according to the correlation principle of right and duty, the voting right can’t be assessed an absolutely individual matter and a personal right.The purpose of this article is the examination of the legal aspects of the voting right and its responsibility towards the rest of the society and also Islamic state through researching by the library method, so as to result in understanding the legal nature of voting right.

What happened in recent decades in collapse of several states and birth of new ones, raised serious questions about the legal aspects of the problem. Does international community actually endorse the unilateral secession to create new states? What could be the real impacts of recent cases like Kosovo and Ossetia on the future of international legal order? The present article tries to find these answers, far from the political or ideological views, in current international views. In fact, the analysis of recent practices demonstrates the real support of International law to the territorial integrity of the States, as the proper base of our international community.

If، in special circumstances، a decree that had already not been permissible becomes permissible due to facilitation for the religiously accountable (mukallif)، that legal decree is called allowance (rukhṣat)، such as the permission to eat carcass for the one compelled by necessity (muḍṭar). However، the general legal decree that is devised for the religiously accountable in general in conventional circumstances is called determination (‘azīmat)، such as the unlawfulness of a menstruating woman to perform prayer، the unlawfulness of expropriating others’ properties، and the obligatoriness of prayer and fasting for the religiously accountable in general. As for some of the primary decree that are suspended for the religiously accountable on the basis of the evidences of no constriction، no harm and desperate necessity and secondary ruling is legislated، the question arises as to whether these secondary decrees on the religiously accountable is rukhṣat or ‘azīmat. Also، in cases where it is rukhṣat، the relation of permissibility (ibāḥa) to rukhṣat is open to discussion. In this article، while explaining rukhṣat and azīmat، the legal nature of these two and the relation of rukhṣat to ibāḥa، and some instances of the application of these two terms are analyzed and examined along with explaining the jurists’ opinions concerning some of the legal precepts and rules.

The right to self-determination of peoples, right to political participation and its associatedrights including political rights and freedoms as well as right to elect and to be elected,principles of equality and non-discrimination are all widely recognized international normsand conventional rules which have been derived from the principle of democraticlegitimacy and then they are guaranteed by conventional means. Over the last few decades, Human Rights Committee, European and Inter-American Commissions on Human Rights, Organization for Security and Cooperation in Europe and the UN General Assembly have developed an unprecedented international practice regarding the internal governingstructures of the states. This practice has a specific impact on the future of the right todemocracy. The present article aims to clarify the position of the right to democracy within the contemporary international law through analyzing the international participatory rights embodied in the human rights conventions as normative foundations of the right todemocracy and their role in the development of customary human rights norms.

The natural resources are the most valuable wealth belonging to every nation which based on them the sustainable and equitable development in any society would be planned and implemented. So far as they are lying on the territorial borders of two countries and being shared between them, the issue becomes highly sensitive. Devising a legal regime for the shared natural resources and their way of exploitation are so a vital concern for the states that the pre-exploitation by other partner states would be usually denied since they have done it before the establishment of a legal regime. This article aims firstly to examine the impacts of the pre-exploitation on the shares of the countries under international law and then explore whether the pre-exploitation was consistent with the principles and purposes of the UN Charter as well as international jurisprudence. Then a computational model is offered so that it reveals the pre-exploitation by the states from the shared natural resources and based on this model their shares would then be properly distributed. In the end, as a practical example, the South Pars gas field was evaluated based on the computational model and its results were analyzed.

Self-determination as a human right and belonging to the public will benefit the nation. Updated and continue influence the decision of public in process of making decisions of a country, is the most important indicator for understanding to run or stay stuck this right within a political system. Moreover, self-determination is not only in the political dimension. Economic and social aspects of this right have been identified in international documents and interpretations. As a result, evaluation of respecting to right of self determination requires an analysis of economic, political and social about discussed Country. This paper according to the these analyzes and cases, is trying to find answers to these questions that what is going on in Syria, is the subject self-determination or is Non-legal Event that no jammed in this rights and Pillars.