جستجوی مقالات مرتبط با کلیدواژه « structure » در نشریات گروه « فقه و حقوق »

The development, prosperity and prosperity of the economy of a dynamic society depend on investment Also, the desired use of existing tools such as technical knowledge, management and technology of developed countries in the production and development system of the country. so, one of the ways for countries to prosper economically is to use the experiences of developed countries in the economic field. Global industries have shifted to abandoning traditional ways and turning to new and participatory tools in proportion to the growth of needs and in order to meet them in a short period of time and at a lower cost. because, the scope of the desired activity is sometimes so wide that in practice, achieving the desired goal is beyond the ability and expertise of an individual. And it is necessary to involve experts in the matter Industrial projects that in some cases are out of specialization and require the collection and use of different sciences and specialties Accordingly, the community and participation of the technicians required in the project in order to eliminate each other's weaknesses is more evident than before. Based on this, the collection obtained from the consortium, whose members each have a style in a specific specialty, knowledge and technique Who participate and cooperate in the implementation of a specific project and as a result of this cooperation, the group achieves the goal of the project at a lower cost and in a shorter period of time. However, there are several reasons to justify the desire for a consortium agreement but the most important reason for the tendency of domestic and foreign participants to the contract can be declared participation in the implementation of a certain project in a limited time. Without compromising the legal independence of members to carry out other economic activities

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.

Today, registration and identity creation of legal entities, whether commercial companies or non-commercial institutes, is an important issue that can play a vital role in establishing ownership, reducing disagreements and legal disputes, securing investments, and so on. This important function in the Iranian administrative system is the responsibility of the Department of Registration of Companies and Non-Commercial Institutions as a section of the State Organization for Registration of Deeds & Real Estates. Although other state departments may also play a role in the registration of legal entities and issue licenses or independently register certain legal entities, ultimately, however, this important task is primarily the responsibility of the aforementioned department, and it seems that consolidation and concentration of the registration of legal entities in the State Organization for Registration of Deeds & Real Estates is one of the necessities of this field. Using library and internet sources in a descriptive approach, this article seeks to examine the position and role of the Department for Registration of Companies and Non-Commercial Institutes in creating specific identities for legal entities, and review its structure so as to facilitate the work of future researchers.

The general structure of Imami jurisprudence in the initiative of Mohaghegh Hali in the book Sharia al-Islam is divided into four parts and is classified into orships, contracts, agreements and special rules. In this general structure, which has been a common and accepted model until our time, the family does not have a specific epistemological position and a regular internal structure.In addition, in the structure of Sharia al-Islam, the set of issues of family jurisprudence is limited to private law or inter-family relations and is not dedicated to important issues related to the relationship between the government and the Babi family and its issues have not been studied. Therefore, family jurisprudence is unrecognizable, incomplete and irregular and needs a new plan. The present article is in the position of designing a comprehensive structure and logical explanation of family jurisprudence. In the author's proposal, the general structure of family jurisprudence is divided into two parts; The first part is dedicated to issues related to private law and the second part to issues related to public law of the family and the system of issues of both sections has been identified and codified.

The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. One of the most important principles of fair trial is related to the implementation of the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence; That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran; Because now, on the one hand, the Deputy for Execution of Criminal Judgments is under the jurisdiction of the Prosecutor's Office, and the Executing Judge acts under the supervision of the Prosecutor, both of whom lack full independence in executing judgments, and on the other hand, the Execution Judge has jurisdiction to change the sentence. It does not use correctional institutions such as parole and suspension of punishment, which is contrary to the principle of judicial independence and...

Architectural works have been protected as one of the most important fields of art in international documents (such as Article 1, paragraph 2, of the Berne Convention) and the law of different countries (such as Article 7, paragraph 2 of the Law on the Protection of Authors, Writers and Artists of Iran). In practice, it faces several serious challenges such as analyzing the concept of the building, separating the original work (plan) from the building, and analyzing the element of originality. In the present article, we have attempted to analyze the element of originality as one of the pillars of a work that can be supported in the field of architecture. The most important criteria of originality in architectural works can be called non-functional criterion, dissection criterion and absolute criterion. However, due to the lack of any of these criteria, there are also sub-criteria that can help the judge in this respect. The analysis of each of these main and sub-criteria ultimately leads us to the conclusion that there is no superior or absolute criterion.

The labour procedure system in Iran is based on the consideration of special or quasi-judicial authorities to the differences between the labourer and the employer, and the structure and competence of these institutions are explained in Articles 157 to 166 of the Labour Code and the Rules of Procedure of Labour, approved in 2012. Based on the above legal standards, the settlement of labourer and employer disputes in the legal system of Iran takes place within the framework of three institutions of reconciliation, the Delegation of Delegation and the Dispute Resolution Board, and the organization of these three main institutions also follows the common principles governing labour proceedings, including the principle The simple consideration of the lack of formalities and the participation of the parties in the relationship of work in the formation of these references has been carried out. However, by studying the documents of the International Labour Organization and an comprative approach to the structure and jurisdiction of labour courts in Iran and the world, it can be seen that the labour system in Iran has important legal deficiencies due to its structure, jurisdiction and treatment, which is the lack of The full realization of structural autonomy, the lack of general jurisdiction, the conflict of jurisdiction with other specific authorities, the failure to comply with the standards of civil procedure, and the non-compliance of the structure and jurisdiction of the competent authorities with the principles of fair trial and the principles of labour law, among the most important examples are the number they are going.

Structural Fields Of Judicial Crimes In Judges Of IranAbstractThe commission of judicial crimes by judges expresses the existence of defects in the judiciary and the personality of the judge. By dividing these objections into structural and individual, it seems that the impact of structural factors on the occurrence of such types of crime is more than individual factors. The structural elements are intended to cover a wide range of issues related to employment, training, pay and benefits, and how to manage the judiciary. In this research, in addition to the documentary method, by conducting qualitative interviews and conducting questionnaires from 130 judges of the judiciary, the structural contexts of the crimes committed by judges of Iran were comprehensively and objectively analyzed and criticized. During that time, suggestions will be submitted. Based on this, proper selection and election, useful training, essential in-service training, strengthening of judicial independence, the preservation of elites and qualified judges, increasing job attractiveness, along with transparency and accountability of the judiciary, are effective in maximum decrease of crimes in judges of Iran.Keywords: Judicial crime , Judicial corruption , White collar offender , Structure

Political systems, based on their existential philosophy and through governmental structures, seek to achieve the objectives that form their basis and substance. Since each government has its own goals and the systems, and structures also fulfill the objectives, political systems should look for arrangements to achieve these ultimate goals.
This article seeks to investigate the relationship between structure and substance in Islamic governance. The author examines the interactive effects of these two which involve studying the effect of governmental structures on the system basis and the objectives as well as the impact of substance and objectives on political and governmental structures. Firstly, the types of structures in Islamic systems are analyzed using the descriptive-analytic research method and then, the probable relationship of each one, as well as the impacts and susceptibility of them, are examined.
In the governments that originated from the divine will, especially Islam, it is conceivable that there are two types of structure: Institutive and Approved. The Approved Structure itself can be divided into two types: Imported structure, assuming no structural effect and Amended structure assuming the minimal and procedural effects of the structure. Conversely, the Institutive Structure emphasizes on maximum and substantive impact of the structure.

Foreign oil companies' entry into IPC tenders has been made subject to conclusion of JVs with qualified Iranian E&P companies. However, the law does not require FOCs to select their IEPC by means of competitive methods. Moreover, as IEPCs do not possess the required abilities to independently enter major petroleum projects, it is inevitable for them to engage in JVs with FOCs. Meanwhile, due to sanctions imposed on Iran, the number of FOCs willing to enter the IPC tenders has decreased, and so there is a higher chance of abuse of dominance or collusion practiced by these FOCs during the course of IPC tenders. This essay serves as an endeavor to demonstrate the anti-competitive conducts likely to be pursued by FOCs against IEPCs (in the course of entering the JV) and against NIOC (in the tender process), and to clarify the competition law sanctions applicable to FOCs in this regard.

Ombudsman is independent and impartial that has legal backing. The purpose of its’ establishment is to protecting peoples’ rights against the state and incorrect behavior of government department. This institution has different structures and qualifications in different countries. Turkey and Pakistan have been successful in this type of supervision. In this article structure and competence of the ombudsman in these two countries which has similarities to our country have been studied.

Legislative fiqh is a kind of fiqh-e mozaf [1] and is part of general fiqh that derives religious and legal rulings pertinent to law and regulation. This law is  governmental ratification of the religious law and the goals of religion and the purposes of shariah in the course of time, and the legislation is the process of this ratification. From legal point of view, lawmaking is an optional action on the part of the lawmaker, but from shariah point of view is a religious law. These religious judgments can determine the most important rules and procedures for legislating in an Islamic system of government. In this paper, the philosophy of legislative fiqh is explained first, and then the structure of its discussions is presented in four chapters. Those who have been involved with fiqh-e mozaf in the new discussions know the importance of structure in formation of fiqh-e mozaf  and its impact on the promotion of general fiqh. The purpose of presenting such a structure is to provide the enthusiasts with the required help and information, and to complete and correct the structure by the relevant professors. Additionally, along with the presented structure, the most important innovations are mentioned in each chapter.

 

International legal order from the beginning is formed based on trade-offs and reciprocity between States. Such order in substantive law and law of responsibility, is more like private law structures and it is the main obstacle toward achieve a constitutional order that is able to adequate protection of individual fundamental rights relying on hierarchical standards. Development of international law toward a new order affected by humanitarian desires which entered into this legal system and the future outlook show that development of the structure of the law of responsibility and implementation of responsibility is possible in the light of such development.

Regardless of the role of agent and recognizing the impact of the behavior of government officials in achieving the objectives of all systems of governing, the interactions between the structure and the substance of a government is an essential and a complex issue. In addition to the said interactions, occasionally the perceived mean attains prominence and becomes the goal. Such incidents not only exists in all fields of law, specifically in Public Law and more particularly Constitutional Law but is also seen in other areas of the human studies. This article seeks to consider the relations between the structure and the substance and their interaction from the perspective of aim and result based on Etebaariaat theory of Ayatollah Tabatabaei, as an innovative viewpoint in human science in accordance to the Public Law. Based on the aforementioned theory, proper recognition of humans along with their needs and goals would describe the cause of establishment of legal and social foundations. The main subject of review is, "Does any content and aim call for its appropriate structure?" or "Are the structures and legal foundations in governments similar to neutral containers which are formed by their own content?"

The dichotomy of agency and structure is one of the most challenging and controversial topics in the field of social sciences. The Contrast and the interaction between the structure and substance of government are critical and complex issues in constitutional law. This article seeks to examine one aspect of the effect of government’s structure on the nature of the political system from the perspective of agency and structure. However, this dichotomy is not unprecedented in other sciences, it may be argued that the basis of all these discussions have a common root source but the consequences are evident in various areas.
The main purpose of this paper is to investigate that why any substance, content and goal needs its own suit structure and also, why legal structures and governmental systems are not resembling neutral and ineffective containers and must be formed appropriately to their content. Through analysis of this major issue, some of the demands and requirements of the desired governmental structure of the Islamic Republic of Iran will be examined.

In this study¡ a weak nation-state is identified in a specific geopolitical context relative to other states. This study defines a weak nation-state as a nation-state which has low maneuverability in a particular geopolitical context. Although geopolitical structures provide a weak nation-state with constraints rather than opportunities¡ a weak nation-state has some geopolitical agency through the formulation of its geopolitical discourses. In a particular geopolitical context¡ weak nation-states¡ as geopolitical agents¡ face not only constraints but also take advantage of the opportunities of geopolitical structures. This study is an attempt to provide a theoretical framework for explaining a weak nation-state’s foreign and security policies using the concepts of geopolitical culture. The framework focuses on three theoretical points: (1) Geopolitical agency of a weak nation-state in geopolitical contexts; 2) The relationship between the geopolitical visions and codes of a weak nation-state; 3) A weak nation-state’s construction of territory for its geopolitical Discourses. This study analyzes¡ through the use of descriptiveanalytical method the theoretical basis of Geopolitical structure.

The approach followed by Martti Koskenniemi particularly in his “From Apology to Utopia” is one example of ‘‘regressive analysis’’. This approach could also be labelled as ‘‘deconstructive’. Koskenniemi does not use the very technical conceptual apparatus of structuralism, semiotics or deconstructive philosophy. He situates his approach within the broad framework of those fields only to highlight its holistic, formalistic and critical character. For him, expressing international legal arguments, doctrines and ‘‘schools of thought’’ are kinds of parole which refer back to an underlying set of assumptions, capable of being explicated as the langue or ‘‘deep-structure’’ of the law. A deconstruction of international legal argument will then inevitably relate the argument to a historically conditioned ‘‘code’’– or ‘‘conceptual scheme’’. Koskenniemi makes it explicit that hidden code bears a “critical potential”.

The political Islamic discourse considers Islamic teachings as enlightening in all aspects of human life; therefore, it tries to stabilize to meanings and signifiers on the basis of its semantic system and monotheistic thought. In this article, after explanation of human rights in terms of the Constitution, it will be shown that, in the discourse of political Islam, human rights shapes around the central sighnifier of “human dignity”, while other signs and signifiers (e.g. political, social–economic, cultural and civil rights) are perceived according to that. In other words, although the concept of human rights is a modern one and has entered Islamic literature just as other modern concepts have, the issues raised in relation to that have formed a specific conceptual discourse, which can be named Islamic Human Rights Discourse. In the islamic discourse, human dignity is the central, transcendent signifier or central sighnifier, while all other human rights and privileges — which are floating signifiers — are perceived based on this sighnifier.

From the Islamic perspective, supervision has an important status in individual and social affairs. Supervision is of two kinds: internal self-control and external (supervisions). The external supervision is itself divided into two categories: public and governmental supervision. The latter is also divided into two kinds: external and intra-organizational. So far, the external organizational supervision has been discussed mostly as a subsidiary super-vision in the context of governmental powers and it has not been viewed as an independent supervisory institution. Therefore, in this research the external-organizational supervisory institution has been investigated drawing upon a legal-jurisprudential approach. While investigating and examining supervision, as stipulated in the constitution of the Islamic Republic of Iran, this study seeks to look at the governmental supervision the Islamic point of view, and offers the Islamic supervision model as a new supervision system. This supervision system enjoys its own specific principles, presuppositions, proofs and specific characteristics and has a new structure which has no parallel in the world current systems.

Judges should not be regarded as mere speakers of and tools in the hands of the legislature. They are as actors animating the laws enacted. The judges’ acting can be justified on three grounds: limitations of law-making, including lack of expertise in and inattention of, the being expedient of, and purposeful acts of legislature, being societies in transition, and impossibility of anticipating all cases and situations as well as the inherent indeterminacy of language in some cases; correcting the legislature’s deviance by means of interpretation based on the principle of separation of powers; and updating the meanings of the criminal laws and adapting them to prerequisites of collective life at the time of interpreting the laws. The judges’ acting reflects in three forms, i.e., exploring (vs. making) the meanings of criminal laws, effects of their fore-structures on interpretation, and formulation of the purpose of criminal laws.