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

One of the fundamental rights of citizens is judicial security in the criminal procedure process, which means the protection of the rights of individuals in the procedural process and their access to justice. Judicial security manifests at two levels: objective and subjective. The objective level means the absence of any practical obstacles and threats in achieving the mentioned situation, and the subjective level means that there is no feeling of any fear of not achieving one’s rights in the procedural process, which is the result of legal warranties, including the principle of the rule of law. Therefore, the challenges of judicial security are such as political, legal, judicial, and social factors that seriously hinder the realization of judicial security in both objective and subjective dimensions and deprive citizens of this fundamental right. This article aims to explain these challenges and provide solutions to them by focusing on jurisprudential and legal sources and emphasizing the principle of the rule of law (principle of legality). The findings of the research show that solutions such as judicial independence, monitoring the performance of judges and the judicial system, the accessibility of the courts, and especially the principle of the rule of law play a special role in solving these challenges.

 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?

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.

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 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

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.

The municipality, as a local public and non-governmental executive institution, has various duties, including civil affairs, services, monitoring and protection, welfare, and so on. Definitely the most important issue in municipal area refers to financial management, because problems in the financial system have direct effects on other municipal duties and will cause significant deficiencies. In addition it causes a lot of damage to the city. All over the world, especially in the world's metropolises, the appropriate financial management system can create an atmosphere for achieving goals and lead to development. The survey of Tehran Municipality's financial management system based on comparative studies with other cities of the world, including London, Zurich, New York, Toronto, Auckland, Vienna, Beijing, Dubai and Istanbul, indicates significant deficiencies and reveals the necessity of more studies. The present research, relying on a descriptive-analytical approach and library method, seeks to find appropriate answer of these questions that, what is the most important challenges in Tehran municipality for achieving organized financial management system based on comparative study with other metropolises in the world and what is the solution for achieving organized framework? In order to answer the above questions, in the first step, we will study current situation and in the next stage, we will provide appropriate solutions for organizing the financial system. Lack of proper organization of financial resources and unstable revenues of Tehran Municipality, the need for financial self-sufficiency of the municipality without considering the appropriate infrastructure and lack of financial adequacy of the municipality are the most important factors that have created the current situation And current situation needs scientific and strategic work.

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.

It is a fact that spiritual damages and losses have effects on family leading to its rights to be abused and wasted culminating in the collapse of its foundation; something that are seen frequently in the emerging white marriages in our society, as these marriages don’t follow the principles of the legal and religious ones. These damages and losses include the couple going under the compulsion of covering up; men and wife enduring the resulting heavy mental and psychological burden, depression, along with frequent lying to cover up the fact; all just to satisfy mere lust and sexual desires, committing crime and guilt as the result, being deprived of legal and common protections, deflowered girls, loss in value of virginity, failure in their next marriages, short-term relationships, admitting to be permanently and absolutely single, promotion of childlessness or giving birth to illegitimate children, lack of satisfaction in sexual relationships due to poor quality relationships, increased number of abortions, decreased number of childbirths, decreased population, increased number of foundlings, increased number of unattended children, and children with no identification, creating the need to establish centers for the protection of unattended children and foundlings, overpassing the obscenity of illegitimate relationships, increased domestic violence against women, the couple's infidelity toward each other, increased corruption in society, insecure families, decreased physical and sexual health of society members, increased sexual diseases, drifting away from legal marriages, rise in legal age of marriage among the youth, rise in divorce statistics, increased number of runaway girls, general commitments violations, disclosure of man´s and wife´s secrets, accusations regarding infidelity, men´s abuse of polygyny by violating the legal principles and justice, ...

One of the most prevalent forms of sexual violence against women is that perpetrated by husbands. While some of the victims decide to divorce, others make an attempt to prevent their husbands from violence by filing a criminal case. However, in order to achieve their desired outcome, both groups are required to prove the violence, which is not straightforward given the private nature of sex. Therefore, the questions addressed in the present work are: what are the challenges faced by victims trying to prove their being subjected to sexual violence, and what are the solutions for facilitating the proof of such violence? To address these questions, a qualitative approach and the case-study method are used in in-depth semi-structured interviews with 18 judges, 10 lawyers and 35 victims. Also, non-participant observation technique is used by attending 16 hearings. The findings show that the proof of sexual violence is complicated by disappearance of physical evidence over time, the lack of eyewitness, courts’ evasion of acceptance of scientific evidence, and the fact that sexual violence is not always accompanied by physical injuries. However, it appears that until the laws are amended and supplemented, the difficulty of proving marital sexual violence can be alleviated under the [existing] legal capacity of knowledge of the judge by using other countries’ experiences on evidence in domestic violence, such as calling the victim as a witness, acceptance of expert testimony and child testimony, and considering the history of charged and uncharged crimes, and bad acts of perpetrator.

With the advent of data encryption technology, today new electronic money instruments have emerged that allow the exchange of large sums of money in the form of electronic messaging data. One of these tools is the digital cryptocurrencies. cryptocurrencies are divided into two types. The first species, such as Ethereum, is produced by the sovereignty of the countries, and the second is mined by miners from decentralized territories. Due to the difference in the nature of these currencies with the official currency of the countries in exchanging monetary markets, the possibility of considering the currency's title to these instruments is facing challenges. In the United States, there is the current issue of virtual currency exchange auditing, which has solved the problem of foreseeing the allocation of licenses to applicants. But in Iran, because it does not provide a definite definition of currency, these instruments can not be considered as part of the circle of inclusion of the currency, nor can it be used by using principles such as the principle of the sovereignty of will and the perception of such instruments as commodities in exchanges, the possibility of using Provided their maximum capacity in monetary markets. , legal validation, legal requirements and the prediction of competent authorities are among the requirements of the Iranian legal system for the use of these currencies.

With the development of technology, active companies are able to produce new tools that can simulate human movements in cyberspace. The use of these tools, known as "virtual reality," has many challenges in various legal areas, including intellectual property rights. Challenges to the requirement or non-requirement of the manufacturer of these tools to present their manufacturing technology to the service company and derivative issues raised, issues of over copyright, trademark rights, and copyrights, challenges associated with the compensation mechanism in Violations of intellectual property rights of related software tools, related to the theft of personal information or user biometric properties, and the impact on users' psychological and psychological state of these tools are among the issues raised in this area. Solving existing challenges requires legal policies to regulate the use of these tools, solve legal challenges, and review the mechanisms for protecting personal information and biometrics of users of these tools.

Problem-Solving Courts with a specialized and independent structure were established in some countries with common law legal system to use the authority of courts to address the underlying problems of offenders and victims, the structural problems of the justice system, and the social problems of communities and finally to reduce the recidivism rate. However, because they reach only a small proportion of litigants compared to the traditional courts, the idea of applying core principles of problem-solving courts to traditional courts was put forward. This article, with a qualitative method, first examines the necessity of problem-solving approach in judicial system and then analyses the opportunities and barriers to applying problem-solving principles and practices in traditional criminal courts of Iran. The findings of the research show that some principles like changing traditional attitudes and role orientations of judges, prosecutors, attorneys, and other justice system actors is the basis for adopting problem-solving approach in traditional criminal courts of Iran and it can hardly be transferred, but enhancing the direct interaction between judges and litigants is the most easiest. Moreover, resource constraints (lack of time, money, and staff) and educational and electronic systems limitations pose serious barriers in implementation of other principles and effectiveness of problem-solving approach. Tangible results show that the application of these principles and indicators can help increase the quality and effectiveness of the criminal justice procedure and reduce its non-therapeutic consequences.

International protection of human rights, regardless of the global level, has also beenattended at the regional level. In this case, International regional organizations haveadopted regional instruments of human rights, which the most prominent of them arethe European, American and African human rights conventions and also IslamicDeclaration of Human Rights. These instruments for the supervision in properimplementation of human rights, Preventing any aggression and invasion to thehuman rights of citizens of member states and ultimately improving the position ofhuman rights have created a series of executive mechanisms in the regionaldimensions and Have given them jurisdictions and duties. Although, thesemechanisms by monitoring the states have brought the proper implementation of theobligations contained in the regional conventions of human rights and consequentlyhave received an acceptable report card but in practice they are facing to challenges.Undoubtedly, recognition these challenges and exit solutions from them can lead tomore effective protection of human rights at the regional level. Accordingly, thepresent article attempts to identify and consider the most important and seriouschallenges facing regional mechanisms of human rights and exit solutions of thepresent situation.