جستجوی مقالات مرتبط با کلیدواژه « legal system of iran » در نشریات گروه « فقه و حقوق »

The definition of intellectual property rights is important and vital to express the conflict of public and private interests because the clarity of the subject, goals, principles, subject matter and proof of ownership of the intellectual product and creator's ownership are on the topics that value the public and private interests in intellectual property rights. It clarifies and expresses the importance of paying attention to both and creates a suitable context for expressing the conflict of public and private interests. An important question that arises before examining the records and the time of the formation of intellectual property rights is what are the rights. Is it intellectual property? Providing a definition of intellectual property rights is necessary to identify the issue in which the conflict between public and private interests is to be examined. Because without clarifying the meaning and definition of a discussion and not identifying its topic, it is impossible to investigate and provide a solution, and if it is done in vain.

The prison system in Iran is considered to be a part of sanctions that restrict or restrict freedom. Judiciary authorities use it repeatedly and irregularly due to the numerous prison-oriented laws, until now, all kinds of methods of reducing imprisonment have not been able to remove this punishment of deprivation of liberty from the circle of judges. The prison system aims to help reduce the return of prisoners and create security in society through the correct implementation of prison sentences in such a way that dangerous criminals and those who must be removed from it to protect society are reformed and those for whom prison is not their place and is due to coercion. The law is designed to prevent serious harm from being together with other criminals or staying away from family and society. Research This qualitative research has been done in a descriptive-analytical method, relying on international instruments and studying national laws and regulations in the form of documents and libraries. Findings and Therefore, in this system, special regulations regarding prisoner services, legal friendships, prisoner employment, clarifying the duration of the prisoner's presence and programs during imprisonment, and the ways to get out of it have been discussed.

Macroeconomic organized and systematic crimes such as money laundering require an organized and coordinated response to its type. The Financial Action Task Force (FATF) as the most specialized organization in this area of crime has proposed one of the ways to deal with the mentioned crimes through the components of the system of expropriation (confiscation) and also temporary measures under the recommendation of the optimal performance document (records) for confiscation as well as the guidance document of judges and prosecutors. We will examine in this study what are the fundamentals of the expanding confiscation system? What are the components and types of this expanding confiscation system from the perspective of the Financial Action Task Force? How are the components of the extended confiscation system reflected in Iran’s legal system? And what requirements must the confiscation system in Iranian law be enjoyed in accordance with the requirements of the Financial Action Task Force (FATF)’s extended confiscation system? The globalization of crime and the desperation of criminal justice system are the most important foundations for the emergence of the expanding confiscation system. The “crimes of particular origin and source (criminal lifestyle),” “legal assumptions,” “mitigating substantive proofs” and “litigation exchanging” form four components of the system of expropriation in reviewing the documents of the Financial Action Task Force. The mentioned components can be different depending on the type of confiscation. Extended confiscation (expanding confiscation) is divided into three types: criminal extended confiscation, civil extended confiscation and administrative extended confiscation. In Iran’s legal system, the “law related to dealing with the property of ministers and employees Act 1959,” “the anti-money laundering (amendment) act 2017” and the “Law of Adding Articles to the Law on How to Implement Article 49 Act 2020” which are the closest system of extended confiscation to the system of confiscation can be seen. The most important damages of the legal system governing the extended confiscation in Iran, in accordance with the standards of the FATF can include: 1) lack of prediction of administrative extended confiscation, 2) absence of the components of the crimes of particular origin and source (criminal lifestyle) and legal assumptions in the detailed criminal confiscation, 3) ambiguity in the standards of the “Principle of Equality of Arms” and 4) and ambiguity in the litigation exchanging criterion and mitigating substantive proofs. It should be noted that this research is done by descriptive-analytical method and library method is used in collecting resources.

Nowadays, the judicial policies of many legal systems aim to reduce the workload of the courts and take effective action in this field by solving the issues, claims and disputes of individuals in other departments. In the legal system of the Islamic Republic of Iran, many efforts have been made in this field. One of the most important ways to realize this goal is to emphasize the arrangement of documents in notaries and offices. Considering that notary offices are one of the legal authorities in the preparation of official documents related to the property and obligations and contracts of individuals, and on the other hand, it is possible to implement their provisions and meanings without referring to the judicial courts, it plays a significant role. can perform in line with the said goal.This feature, which has been emphasized by the legislator in various legal articles and there are special regulations, requirements and procedures for the implementation of its provisions, has not been addressed as it should be in legal researches, and its emptiness is clearly evident in legal texts. Is. This research is an attempt to clarify the different angles of the implementation of official documents, in this direction, all the related legal articles and micro and macro regulations have been carefully and scientifically examined

The attributability of actions to states within the context of investment treaty disputes and to focus on the roles played by international and domestic laws in such attributions have caught the attention of jurists in recent years. The ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts, and particularly, article 3 points to the main outcome of this debate, where it does not consider domestic law irrelevant in internationally wrongful acts and stipulates that the issue is subject to international law and it will take into account the relevance of domestic law. Thus, although the characterization of an act of a State as internationally wrongful is an independent function of international law and such characterization is not affected by the characterization of the same act as lawful by domestic law, it does not mean that domestic law is irrelevant to such description; on the contrary, it may be related in various ways. The present article attempts to examine the challenging junction of domestic and international law with regard to the attributability of actions taken within the framework of investment treaties, specifically by state-owned and para-statal entities that exercise elements of state authority.

The alimony in the law of Iran from the teachings of the Islamic religion is the right and duty which is an important part of family relations and is subject to certain conditions regarding different proportions in the family. The institution is about couples' relationships, a serious financial support from women in the family, in the pursuit of maternity and matrimonial duties, and ultimately, the realization of social justice and it is based on the importance of strengthening the family institution in the view of Islam. Because it brings genuine justice to the law of justice. Due to the importance of this and its issues in the context of legal vacuum and research vacuum in relation to the lack of support for women and social justice, in this paper, through the study of documents and referring to Iranian laws, the comprehensive consideration of the right of marriage to alimony and the design of the vacuum available in this area. In this regard, the definition, characteristics, guarantee of implementation and the factors of the loss of alimony of the wife are mentioned in Iranian civil law and there are some gaps in this regard. Finally, the wife's alienation status is mentioned in the realization of social justice in Islamic society. The results are: 1) the non-enactment of the law to types of the woman's duties in the family, the legitimate obstacles which a woman can refrain from claiming under the covenant, the nature of the wife's right to the property she gives the husband as alimony and Procedures for Proving alimony in Courts Some of the cases are related to alimony laws in Iran. 2- Since the issue of work and income distribution is one of the most important aspects of social justice and the gender effect of natural causes is influential on the amount and manner in which income is earned in society, the “alimony” institution is one of the most important effective and affected by social justice. 3- It is necessary to amend and update the law on “alimony” in line with changes in the lifestyle and position of women in the family and the realization of two-way gender justice.

Decisions and actions of public authorities and officials can have a profound effect on the lives of people, both morally and spiritually. A matter that requires fair administrative proceedings to challenge them.If the proceedings follow a series of standards, that procedure will be fair. These standards are either general or inclusive or specific standards of procedure. The aims of this article are review and analysis of the Law of Organization and Procedure of the Administrative Justice Court in the context of the universal standards of fair hearing that are most important and fundamental and apply to all stages of administrative litigation. So, the questions of this research are: What are the general principles for fair trial? How far are these standards and regulations in the Law of Organization and Procedure of the Administrative Justice Court guaranteed? This article tries to investigate mentioned questions in descriptive- analytical method. Fair hearing, Court / tribunal independence, public hearing and effective redress are universal standards that their realization in Iran's administrative justice system requires revision of Articles 2, 10 and 12 of Law of Organization and Procedure of the Administrative Justice Court.

The management of the judiciary since its independence has had numerous changes. These developments, in addition to the form and method of management (individual management of the Ministry of Justice, council management of the Supreme Judicial Council, centralized management of the head of the judiciary), have also affected the competencies of this position. Although based on the principle 157 of the Constitution, head of the judiciary has different responsibilities such as administrative and executive responsibility of the judiciary, but there are various disagreements and opinions about the jurisdiction of the head of the judiciary. This paper with a descriptive-analytical method and using library resources and documents examines the judicial status of the head of the judiciary in the legal system of Iran.
The will of the constitutional legislator, provisions of the Constitution, especially the concept and apparent meaning of the principle 157, ordinary laws and decisions of the Guardian Council indicate the head of the judiciary in the legal system of Iran has also judicial jurisdiction beside administrative and executive competencies. Mentioning no judicial task among the duties of the head of the judiciary in the Constitution doesn’t imply the negation of judicial jurisdiction of this authority.