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

Cyberspace is rapidly turning into a major tool for exercising the right of freedom. Cyberspace amalgamates in the media the right to receive and the right to release information, ideas and beliefs in the form of a written text, audio file, or a video file. As well as providing access and enormous amounts of information to millions of audiences across the reach of all people with access to a computer and telephone line, new challenges and legal issues require the right and proper regulation.Therefore, this study aims to closely examine the cyberspace content regulation in the area of the freedom of speech in two areas of child pornography and hate speech in cyberspace through an interdisciplinary approach. The results of this study indicate how efficient the current regulatory framework is and how effective and efficient the regulatory framework should be in the area under discussion.

Decentralized cryptocurrencies have emerged as an essential regulatory issue for governments since their introduction in 2009 and widespread use in recent years. These new technologies exist in the environment of blockchains and peer-to-peer networks, outside the supervision of central banks. Therefore, the absence of a centralized regulatory body, anonymity, the lack of universally accepted classification, valuation problems, and extreme fluctuations have created challenges and inconsistencies regarding the regulation of cryptocurrencies, especially in tax discussions. This has resulted in the lack of integration and disorder of laws and regulations, and tax inequality for cryptocurrency users. In a review of the framework of the European Union's approach to value-added tax and capital-gains tax on cryptocurrency trading with a descriptive-analytical method and the use of up-to-date library resources, it was found that tax regulators are focused on the areas of cryptocurrency speculation and brokerage activities. Taxes are levied on business operators, while other cases are exempted from tax. But the analysis of this approach showed that the tax challenges such as the exchange rate, anonymity and fair value of cryptocurrencies have not been paid attention to; Therefore, the results of this research revealed that things such as the use of the LIFO storage method in calculating the fair value of cryptocurrencies, the creation of an initial registration system for exchangers providing virtual asset services, the supervisory body of the special action group for the treasury of cryptocurrencies, and the system of trading contracts in order to prevent The anonymity of cryptocurrency transactions helps tax regulators in Iran not to face the aforementioned challenges.

During the past years, cyberspace has become of the main issues of governments, and cryptocurrencies has been recognized as a sensitive area in need of policy in all countries of the world .This article, looking for: "What should be the pattern of regulating the virtual space, especially the phenomenon of cryptocurrencies in Iran, considering the legal status of the Supreme Council of Cyberspace and the comparative experience of China?" In this regard, by using library resources, the relationship between governance and regulation of virtual space has been described first, and then the concept of governance and regulation of cryptocurrencies have been discussed. In the following, we will compare the structure, duties and actions of China in the regulation of cyberspace, especially cryptocurrencies, with the actions of Iran, because the institution and structure of the regulation of cyberspace in China and Iran have similarities, including the fact that both of them use a supra-governmental structure to regulate cyberspace. The results show that firstly, the legal position of the Iran's Cyberspace Supreme Council in specialized issues of cyberspace such as cryptocurrencies, which have different dimensions, should be as a regulator of the regulators . Secondly, the multi-dimensionality of the issue of cryptocurrencies and the interference of different areas of money, finance, energy, industry and trade doubles the need for a national coordination headquarters, which has not been given serious attention so far.

The purpose of this paper is to discuss discusses the legal and technological challenges and disputes about the governance and regulation of user-generated video platforms. In this paper, by focusingon the Aparat video service, we will show how the issue of Content management has become a legal challenge. The regulation of video platforms in Iran, whether platforms that provide subscription video-on-demand services or platforms that mediate user-generated content sharing, has created some legal disputes. This conflict has different levels Its first level is related to the definition of video content. Its primary manifestation is the continuation of the conflicts on the definition of "expanded audio and video." The second level is the determination of the regulatory authority. The establishment of Satra and the difference between the Ministry of Culture and Islamic Guidance and the IRIB regarding the institution in charge of this area is remarkable from this point of view. The third level of this controversy is about the mode of content moderation. Considering these different levels, this article shows how these disputes have emerged at the level of content moderation. Presenting a comprehensive communication law in Iran by determining a macro-regulatory body that considers the technological developments of the media, deciding on the limits and responsibilities of users or platforms, and developing a content moderation mechanism are the main suggestions of this article.

Cryptocurrencies have been presented as a destructive and resistant technology against the governments’ rule since their creation. The lack of uniform international standards in the field of cryptocurrencies, leaves room for interpretation by government actors. As a result, the attention of the governing institutions is mostly focused on the potential blocking of cryptocurrencies. But with the increasing move towards the smart economy, governments need to change their position from the policy of restriction to the policy of regulation and legislation and to strengthen their supervision over cryptocurrencies. The question is, how should government regulation and legal requirements on money laundering be applied to cryptocurrencies? Authentication of clients to buy cryptocurrency, creation of a regulatory and supervisory organization, registration of all contract-based cryptocurrency transfers, are among the answers to this question. This paper aims to determine the appropriate framework for regulation in terms of combating money-laundering through cryptocurrency.  Using a descriptive analytical method and library resources, we will comparatively study the Iranian and Italian government's strategy in this field.

Insurance industry as a financial institution has a specific role in economic growth and development. Therefore, the stability and efficiency of this industry is essential for the Economy. The insurance market is one of those markets where the actions of free agents does not lead to efficiency and is subject to market failure. The issue of market failure has provided justifications for the intervention of the government through the establishment of regulations in order to increase social welfare. Some economists have introduced theories to explain the necessity of regulations by the government. Among these theories are the public interest theory, capture theory, the economic theory of regulation and the Enforcement Theory of Regulation. Considering the existence of many rules and regulations in Iran's insurance industry, this research seeks to investigate the reasons for regulations in this industry according to the theories of regulation. In other words, which regulation theory has a better explanation for regulation in Iran's insurance industry? Were the regulations made in line with the public interest or the product of the efforts of interest groups to achieve their goals?For this purpose, the main regulation theories have been reviewed and the regulatory process in Iran's insurance industry has been studied. In the following, based on the evidence, the theory that has the most compliance with the reasons for the regulations made in Iran's insurance industry has been identified. The analyzes showed that the theory of public interest provides the most appropriate framework to explain the regulations of the Iranian insurance industry.

Any process of assessing the Regulatory Impact Assessment (RIA), ex ante to its approval, is subject to an estimate of its "regulatory burden", meaning the costs of complying with the laws and regulations for businesses. Participation in regulation in the form of regulatory burden assessment in some developed countries is done by institutions representing economic actors. A suggestion that can be made on how to involve economic actors in ex ante Regulatory Impact Assessment that the Iranian Chamber of Commerce, Industries, Mines & Agriculture, in cooperation with other representative bodies of economic actors, evaluate the burden of the draft in the form of reports to the Government-Private Sector Dialogue Council and "Committee of Article (12) ("Business Support Committee"). In fact, the practical and available method of assessing the burden of regulation in Iran is to survey economic actors, trade unions and organizations about laws and regulations and reflect their costs in a documentary manner to the regulatory authorities.

A conflict of interest is a situation in which some individuals, whether natural or legal entities, can make one or more decisions related to a specific issue, and if the decision maker makes a decision in favor of certain individuals, a conflict of interest has occurred. This is the case with state-owned companies. It is more important because governments give legitimacy to this process by making regulations. Considering that regulation can provide the fields for the activities of state-owned companies, deregulation in the form of removing or modifying regulations. It can balance the presence of private and public companies in the economy. Based on the principles stipulated in the competition law, the possibility of conflict of interest in the case of state-owned companies is more than other companies active in the economic field. Based on this, the main question that this research seeks to answer is to examine legal solutions to resolve The conflict is between state-owned companies. The solutions presented in this article can be divided into two categories: normative and structural. The research method in this research is descriptive-analytical, and the library method was used to collect the sources. The results of this research show that deregulation and creating equal opportunities between public and private companies play an important role in improving the performance of these companies and resolving conflicts.

In response to the rapid development of artificial intelligence (AI), various legal systems have created different regulatory and supervisory interventions for this technology. While some countries prioritize consumer protection by imposing stringent regulations, others adopt a more permissive approach to promote innovation. However, comparing different models of AI regulation can help find the right balance between innovation and protecting consumers against the risks of AI. This paper, using a descriptive-analytical method and a comparative study, seeks to answer the question of what Iran's regulatory policy on artificial intelligence is. An examination of AI regulatory models in the European Union, the United States, and China indicates that each legal system must organize this matter according to its own objectives, policies, requirements, and characteristics of the legal system and technology. Iran's legal system suffers from serious structural and normative gaps in responding to this technology and other emerging technologies like AI. In 2021, the Supreme Leader of Iran declared the development of AI technology and its related systems as one of the country's macro-policies. However, the policy of developing artificial intelligence without addressing these structural and normative gaps not only potentially endangers the rights of citizens but also seriously challenges the development of AI-based businesses.

Artificial intelligence as an emerging technological field is rapidly developing and exploiting globally. The normative and regulation of this technological field has both a positive effect on its growth rate and in other side increases the level of its exploitation by reducing possible negative effects. Achieving these two goals, i.e., accelerating the speed of growth and simultaneous controlling side effects to increase the amount of use of artificial intelligence, through the lever of normative and regulation, requires a guiding macro view. Based on this necessity, the current research seeks to answer the question of how such a normalization process is achieved in the field of artificial intelligence. A descriptive-analytical method has been used. for this purpose. Therefore, in order to cover all aspects, the current research considers the broad meaning in relation to standardization; Therefore, artificial intelligence standardization is defined as a set of laws, rules, regulations and everything trying to somehow bind the field of the technology. Then, the concept of doctrine has been introduced as an upstream policy tool to coordinate and synergize multiple norms emanating from multiple sources. In the next step, it is discussed that the normative process is affected by the socio-political context and the stage of artificial intelligence development. Therefore, the guiding doctrine of artificial intelligence standardization during the evolution of this technology in the country is not fixed and it evolves depending on the conditions. In this regard, four stages have been introduced for the process of doctrinal evolution, including directive, descriptive, structural and positive.In this doctrinal evolution,the general approach changes from a recommendation paradigm to a norm prescription paradigm.In the first stage,guidance doctrine prevails,that is,guidance norms that are currently non-mandatory are presented.

In line with regulating the the virtual space with the purpose of taking advantage of its capabilities and preventing its threats and damages, numerous laws and documents have been enacted, various legal structures have been formed, extensive budgets have been allocated and significant measures have been taken, but overall, the expected goals have not been realized and the desired results and effectiveness have not been observed. Therefore, this article as an analytical-descriptive research, using with the method of library collection, attempts at finding the answer to the question that what are the gaps, problems or shortcomings that cause the relevant laws and measures to be ineffective or even ineffective and the virtual space not to be duly and appropriately regulated and organized and has resulted in continuation of disorder and chaos? The conducting of this research is a step towards the pathological review of the programs, laws, approaches, priorities and costs and will lead to the effective reorganization of capacities. It will also strengthen hope and motivation in the group of responsible and responsible agents, as the lack of such research will open the way for the continuation of wasting financial and human resources and carrying out fruitless actions. The findings of the research show that the challenges of: "not regulating and organizing the national information network", "not using smart filtering", "weakness of the internal media messaging applications", "problems and obstacles to the effectiveness of the Shahkar system", "freedom of circulation of VPNs and lack of effective actions against the with offending blogs and websites", "lack of foresight regarding the problems of virtual numbers", "Lack of control of domestically produced videos", "inconsistency of the bodies in legislation and implementation and lack of a central management headquarters ", and "the predominance of negation approaches over affrimative approaches in the organization of virtual space" have caused the continuation of disorder, the failure to control the social harms and its spread. In this research, the suggested operational and practical solutions for getting out of the current situation have been explained.

As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions of some types of these businesses have caused them to become a cover and platform for committing crimes, especially money laundering. This, along with the governments' lack of correct and comprehensive understanding of the risk of committing crimes in these jobs, has turned them into an important challenge that requires attention at the legislative and structural levels. In this regard and considering the importance of taking effective measures to reduce the risks of this category of businesses, the Financial Action Task Force, as a transnational group, while identifying the types of Non-Financial Businesses and Professions, extended the anti-money laundering requirements to this category and asked governments to include preventive and countermeasures of the anti-money laundering system in their country. Undoubtedly, success in this matter requires the removal of legislative obstacles and also the improvement of governments at the structural level in order to implement the requirements. Thus, in this article, with a descriptive and analytical method and relying on reliable sources, the risks of money laundering in non-financial businesses will be examined and the challenges and solutions to solve them will be analyzed in the light of the recommendations of the Financial Action Task Force. The results of the research show that the ineffectiveness of the laws in the field of Non-Financial Businesses and Professions and the non-compliance of its trustees with the risk-based approach have brought challenges in the implementation of anti-money laundering requirements. Therefore, it is necessary to regulate Non-Financial Businesses and Professions and apply a risk-based approach in the implementation of regulations, through training to the custodians of this field. Also, creating an infrastructure based on new technologies, in a way that provides the basis for the effective implementation of requirements, appropriate to the nature of Non-Financial Businesses and Professions, will be effective in reducing the risk of money laundering.

Regulation is one of the strategic tools of the executive branch in order to efficiently perform administrative duties, provide rules and regulate the administrative organization, which has become a source of emotion in the existing forms and contexts. This tool has complexities in specialized areas such as "mining regulation", because many components in mining regulation should be considered, and I consider it important to comply with the rules of good regulation is inevitable. In the Iranian legal system, mining regulation is done with the approval of the Supreme Council of Mines, which needs to be analyzed and reviewed on this council with the focus on good supply indicators, and in the latest proposal to increase the efficiency of votes and approvals of the said council

Today, modern information and communication technology has played a basic role in the social, economic and cultural affairs of societies and is considered as a driving force in the growth and development of human societies that this new technology has become the foundation of a kind of social media. With its interactive feature, this media has created a new space called virtual space in the field of activism. Because cyberspace is a unique communication medium, citizens are not only content consumers but also content creators. Therefore, the content of virtual space has become as diverse as human thinking. The effect of accessing and using this global interactive media is to promote and defend civil-political and economic rights around the world. Therefore, there is a vital connection between cyberspace and human rights. Since human rights are considered inviolable and inherent rights of every human being, these rights should be promoted and supported in virtual space as well as in physical space.Obviously, there is a potential conflict between human rights protection laws and the principle of unrestricted information flow in cyberspace. One of the most important human rights affected by internet communication is privacy; therefore, adopting a suitable regulatory model to protect the mentioned rights is one of the essentials of the subject under discussion.In this article, it is argued that the optimal model of cyberspace content regulation is the cooperative regulation model. This model of regulation is based on alegalframework based on which private institutions organize their affairs through codes of conduct or a set of rules, which can be used for the symbiotic relationship of law, social norms and Internet architecture in this model of regulation to achieve a synergistic result.

In an era when governments are not considered the only actors in the field of public administration, regulation is considered as one of the most important functions of new governance. For this reason, many countries have turned to the establishment of regulatory institutions, especially economic regulation.recruiting a descriptive-analytical design, the study shows that the negative and unsuccessful experiences in this field in some countries, including Iran, indicate that the concept of economic regulation is closely related to the political structure of governments, the prevailing economic approach and the reason they have their general management; so that regulatory goals cannot be achieved in any political system with any management method and simply by creating institutions and enforcing regulations. The prerequisite for any economic regulation is the existence of at least three components of the minimalism of governments in economic affairs, the existence of a free market and regulatory governance. It seems that the main causes of regulatory inefficiency in Iran are rent-seeking economy, government intervention and domination over the economy, and the implementation of sovereignty instead of governance along with other structural and normative flaws of regulatory institutions. Therefore, unless fundamental changes are formed in the economic foundations and the type of management of public administration, mere structural reform and determination and replacement of powers of regulatory bodies and the adoption of various laws and regulations are not only ineffective but also lead to a strong bureaucracy that encourages more governmental intervention.

law and technology literature has assessed the role of legislation in relation to innovation for over a decade. According to some thinkers, "we are on the verge of a change in the legal paradigm and a revolution in legislation". Others talk about replacing the rule of law with the "rule of technology".the theory of anticipatory governance by providing a forward-looking framework provides tools to monitor innovation developments and examine social, ethical and legal aspects of emerging issues of the future, including emerging technologies. Thus, foresight as a regular analysis of alternative futures pursues the mission of supporting policymakers in making more informed decisions by considering future possibilities, scenarios and consequences. Due to growth of innovation and technological developments, the legal institutions in different countries have taken strategies and tools to adapt to this transition period. In this article, while examining the actions of the European Union in line with the regulation appropriate to the innovation environment, the institutional status of the Majlis Shora in the period of transition to the digital age is explained. Considering the need for flexibility and dynamism of the laws related to emerging technologies, formalization and understanding to the co-regulatory bodies under the supervision of the legislature, Using the capacity of the Majlis Research Center to carry out interdisciplinary expert evaluations with a future research approach in the drafting process , can provide a great capacity in line with the standardization in line with the need for innovation and Prevent reckless and hasty legislations.

By compensating financial losses, insurance institutions guarantee the growth of the national economy and enable the continuation of economic development planning. They also play a special role in monetary and credit policies, and by concentrating national funds in the form of insurance premiums and creating technical reserves, provide the potential possibilities of large investments in various economic channels. Supervision of insurance operation has a central presence in process of economic growth and development, and development of insurance operation is closely related to the quality of supervision. Therefore, it is vital to create a structure in which goals and functions are presented clearly and appropriately, and where necessary, takes action according to the weakness of the insurer/system.In this research, while examining the basics of supervision and regulation in insurance industry, the structural and institutional framework of the insurance supervisor in selected countries has been studied and the powers and responsibilities of these institutions in line with effective supervision and regulation have been examined and compared.The results show that logic of regulation in the insurance sector is to protect the interests of the insured, promote the stability of the insurance market and prevent inappropriate behavior of insurers.Monitoring the performance of insurance companies can be planned in many technical, economic and legal branches that incudes controlling the conditions of establishment, granting and revoking the activity license, compatibility of policies general conditions with laws, control of technical and financial affairs from legal point, control of loss payment and settle accounts. Sufficient power, legal support and financial resources; operational independency especially from political institutions and insurers; accountability and transparency in functions and powers; possibility of hiring, training and maintaining human resources; level of market efficiency and level of access to information are the most important prerequisites for the effectiveness of supervision.

One of the most important commercial documents under commercial law is the cheque. Due to the importance of this payment document in commercial transactions, the legislator has assigned a special law to it and this law was amended in 2018 and based on this, new obligations have been placed on the Central Bank. Under the new amendment law, the central bank is required to fulfill its obligations to ensure transparency and oversight of financial and credit institutions and banks. Given the obligations of the central bank, which are considered in the law, it can be said that the central bank, as a regulatory body, has an important role in fulfilling legal obligations. The central bank's involvement in cheque-related operations can also be considered as a public benefit provider. Therefore, in this study, we seek to examine the innovations of the new cheque law regarding the obligations of the central bank. The results of this study show that the intervention of the central bank as a regulatory body can be justified. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

Nowadays, using the artificial intelligence technologies in law-based criminal sciences has gained a significant place. In the field of substantive criminal law, topics such as the determination of criminal liability due to crimes caused by the performance of robots or self-driving cars are among the most interesting and, of course, the most controversial topics in this field. In the field of procedural criminal law, the use of this technology in the five stages of criminal proceedings has faced many discussions. The main question of this study is whether the technologies related to artificial intelligence can be applied in the process of criminal detection and prosecution or not and what are the challenges facing it in the assumption of application? The results of the current research indicate that the technologies related to artificial intelligence are playing a role in many countries today according to the requirements of different stages of criminal proceedings and taking into account the requirements of each crime. In terms of crime detection and prosecution, a variety of police tools for predicting the time and place of crime and facial recognition technologies (FRT) with the aim of facilitating police actions and moving from "reactive" police to "preventive" police in many parts of Europe and the United States United States have been developed and deployed. What causes the steps to be taken more slowly towards the expansion of the use of this technology in the field of criminal law in general and in the stage of crime detection and prosecution in particular is the existence of challenges such as violation of privacy and freedom of citizens, violation of presumption of innocence and the risk of militarization of criminal justice. The authors believe that using the artificial intelligence technology in the field of detecting and prosecuting crimes is useful and necessary in order to deal with the crime phenomenon as much as possible, but we should not be fascinated in this regard. Using this technology in the important stages of detecting and prosecuting crimes should not conflict with the general principles governing criminal proceedings as well as the rights and freedoms of individuals. In this regard, regulating and establishing special laws can reduce the upcoming concerns to some extent. This is the reason why the need to regulate artificial intelligence is widely discussed, especially in the European region. In this regard, reports and strategic guidelines have been predicted and published.

Although the appearance of companies which are based on technology providing financial services, called financial technology (Fintech), has become public and facilitates financial services, the regulatory bodies are worried about possible negative consequences of these companies due to uncertainties of the companies’ business models and their effects on the economic system. In Iran, the increasing growth of fintech businesses and people's interest, in one hand, and the lack of proper familiarity of regulatory bodies with this field for regulation, on the other hand, have caused similar concerns. So, reaching a balance point in which the innovation and development of fintech are supported and their related risks simultaneously are managed has been the main challenge of governments and regulatory bodies. Regulatory sandbox is one of the solutions used to answer this main challenge. The Regulatory Sandbox is a secure mechanism in which fintech businesses have the possibility to operate under the supervision of the regulatory body to test their product in a limited market with few customers and without any worries of punishment in terms of non-compliance with some rules and regulations. In this paper, the concept, features, advantages and disadvantages of regulatory sandboxes are discussed with a descriptive and analytical method. Then, the measures have been taken in Iranian legal system to apply this regulatory solution are analyzed and suggestions for more effective implementation of this solution are presented.