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

Supporting the victim and compensating for the damages caused to him is one of the important issues of criminal law, which has become increasingly important and has an impact on the realization of criminal justice. Based on this, the purpose of this article is to examine the question of what is the service delivery and compensation of victims from government channels and special institutions? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that providing services and compensating for the victim's losses, at first glance, only appears in the concept of financial payments, while the dimensions of compensation go beyond mere financial payments. In Iranian law, there is no clear legal rule regarding compensation from the government or other institutions. On the other hand, after the crime, the victim should not be left alone because it will cause many harms to him and the society. In Iran, the cases of compensation for damages and providing services to the victim are limited to unknown conditions, such as the victim's innocence or non-injury, or the compensation of damages by the sane or only in the case of murder, and there is a vague mechanism regarding these conditions that the legal form It is not specific. The brief provisions in Iran's laws are mostly supportive and rarely have the color of compensation and providing services in a way that reduces the suffering of the victims.

One of the most valuable concepts in today's world is to solve the concern of intellectual property in the real space and especially in the digital space. Because in order to solve the concern of intellectual property, it is necessary to offer up-to-date solutions on the platform of blockchain, so that in their form this space of intellectual property rights becomes a safe and secure area. In order to implement this, today non-fungible tokens are used to acquire the right of ownership of a real or digital asset under the title of a digital document. And blockchain, by creating NFT tokens that are created and moved on the blockchain of digital currencies, has made the artists of the world, including painters, architects, musicians, digital artists, graphic artists, animators and filmmakers, who are mainly created from works of art. They earned their own money. Or sometimes they gave away their intellectual property in order to earn money from works of art. They were always faced with the problem of copying works and the ineffectiveness of copyright laws, as well as the problem of selling fake works and mediation of works of art, to find a special solution. This research seeks to explain the solution to the concern of intellectual property in the real and digital space. Therefore, in this research, we seek to analyze the use of NFT tokens and its impact on intellectual property by taking inspiration from similar materials with a descriptive-analytical method. enactment of appropriate legislation, systematic foundation and creation of desire in governmental and non-governmental institutions to use non-proprietary tokens in further protection of intellectual property rights.

This article addresses three main questions: What is the legal status of digital designs from the perspective of Iranian laws and EU design law? Is protection limited to the reproduction of physical products or not? And whether the scope of protection includes dimensions such as the use of Does it cover 3D design and conversion to 2D or vice versa? There is no mention of this subject in Iranian law, and no research or writing has been devoted to it. However, in Europe, there are two general views on dimensional transformation: "abstract" and "objective" views, which are two ways of looking at the scope of protection, depending on how the protectability of digital designs is assessed. In the "abstract" theory of protection, it does not matter whether a product exists only as a digital image or has a physical form. From an "objective" point of view, however, it is more challenging to protect digital designs because the scope of protection is often linked to the reproduction of an actual physical product. This article argues that there is no answer to these and similar questions in Iranian law, but under European jurisprudence, most of the questions raised regarding the protection of digital designs and dimensional transformation can be considered resolved. Because the jurisprudence has preferred protection based on the "abstract" viewpoint to the "objective" viewpoint, it has expanded the scope of this type of protection at the level of the European Union. This means that digital use of non-digital designs can now be considered infringement. As a result,  rights holders should be more careful in the future when evaluating limitations and exceptions. In Iranian law, Article 1 of the Protection of Authors Act of 1348 refers to what is achieved through innovation as a work without considering the method or form of its expression and emergence (Rehbar and Dehghanpour, 543) (Habiba and Qaim Maggi, 1401:94) and Article 2, Clause 11, which refers to innovative work, is practically an addition (Zarkalam and Mokhuri, 2014: 27-33). Digital designs are often associated with the decision to achieve physical production, but they can also be used only in an intangible way. Designs such as icons in applications and graphical user interfaces are examples of designs made exclusively for digital use. Another example is video games, the building blocks of all games are digital designs. In the software, mobile device, and video game industries, the issue of protecting digital designs is becoming increasingly important because digital designs can be easily copied and used by others. It has been argued that industrial design protection can play a role in effectively protecting digital designs. (Church, 2019: 695) At the European Union level, design protection is governed by two pieces of legislation: the Design Directive and the Community Design Regulation. Despite the growing importance of design protection, its scope in relation to digital designs is often unclear. These issues are particularly relevant to the question of whether protection applies to the reproduction of physical products and whether the scope of protection covers dimensional changes, such as the use of a three-dimensional design in a two-dimensional form or vice versa. This article refers to this as dimensional transformation because digitization and dimensional transformation are often intertwined. There seem to be two views on this next transformation in the EU: "abstract" and "concrete". In the "abstract" view, protection is considered for all types of production, regardless of the dimensions of the object. In some member states, such as  Germany, protection is taken for granted regardless of dimensions. Any use of a protected 3D design in 2D form may be considered an infringement. An "objective" view is that protection is limited to physical goods only. Therefore, according to this view, if the design protection was originally registered for a three-dimensional figure, its use in two-dimensional form is not considered an infringement of the law, or vice versa. This perspective is particularly prevalent in England, Scandinavian countries, and the United States. Similarly, some researchers consider the lack of a tangible product to be a significant challenge for the protection of design. (McKenna, 2020: 395) The background of the research either includes the investigation of copyright in algorithms (Habiba and Ghaem Maggi, 1401) or intangible technologies (Rehbar and Dehghanpour, 1401). Maybe they have dealt with new information and communication technologies (Shakri and Jafarpour, 1401). Therefore, one of the novel points of this article is the examination of the possibility of supporting digital designs and dimensional transformation. To date, the validity of physical product design and reproduction laws has been successfully challenged at the European Union level. However, in order to consider the problem of dimensional transformation, one must pay full attention to the design protection of digital designs. In order to achieve this, the article first briefly introduces digital designs and their role in video games before considering the copyright/design relationship in the protection of digital designs. Secondly, this article examines the legal status of digital designs.

Stakeholders theory, first proposed in 1984, states that the company has a wide range of relationships with a wide range of individuals and groups who participate in the activities of the company, and the company, through its actions and decisions , affects groups and individuals. Therefore, the company's special attention to these individuals and groups is very effective in the success and development of the company. Now, among all the individuals and groups of stakeholders, the employees of commercial companies are of special importance. The reason for this claim is that employees form the executive section of the company make the wheel of production and services roll in commercial companies. Firstly the company's support for employees will directly cause the improvement of the performance of employees and improving the performance of employees will be equal to improving the performance of companies and ultimately achieving profit, benefit and welfare in the long period of time. Secondly, it will protect the rights and interests of employees and ensure their job security. In the present research , which has been collected through the library method, we will first identify the employees as the stakeholders of commercial companies and then we will analyze the principles identify and support solutions them as the stakeholders.

In the legal criminal policy of Iran, the police are considered the powerful arm of the criminal justice system, which has the most relationship with the victim. This relationship starts from the moment the police arrive at the scene of the crime and continues until the execution of the criminal's punishment and even after that. In this context, the police can reduce the harm caused by crime by supporting the victims. Therefore, due to the importance of such a role for the police, this research has been conducted with the aim of examining the aforementioned support.

This qualitative research has been conducted in terms of practical purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject, and the obtained information has been analyzed in a descriptive-analytical manne.

The findings of the research show that the victims need the support of the activists of the criminal justice system in order to reduce the damages caused by the crime. and the protections he provides to the victims include: "attention to the victim and his rights, attention to the human dignity of the victim, attention to the concerns and pains of the victim, attention to the opinions and views of the victim, sympathy and sympathy with the victim, providing security and...".

In recent years, the idea of protecting victims has attracted the attention of criminologists, legislators, judicial authorities, and the police, and significant measures have been taken to protect victims, and since the police is the first institution that victims facing it, in order to reduce the damages caused by the crime, it can provide various protections to the victims.

The displacement crisis is one of the serious problems the international community has faced in recent years. However, at the international level, there is no binding legal document about them that specifically addresses the status, recognition of the rights of individuals and the obligations of the international community, or the international body specifically responsible for this matter. In addition, this group is not included in the umbrella of the 1951 Refugee Convention, and the possibility of changing or extending its scope to this group does not seem justified. Therefore, the present study seeks to find a framework to support this group, while examining the existing mechanisms. It is concluded that based on the actions of international institutions (in the form of cooperation and partnership between various institutions, Leadership of specific organizations), as well as on the basis of international obligations of states (including commitment to protection arising from the doctrine of R2P; to accept under customary international law; to human security; to the principles of the United Nations Displacement Guidelines) in international law and the international system and Given the general support, provide a framework for the protection of displaced persons and fill the existing gaps to an acceptable extent.

Video game has one of the biggest markets compared to other literary and artistic works. Therefore, it’s crucial to take effective steps for its protection. Of course, the intellectual property law, especially the literary and artistic property law plays the main role in protecting it. In this research we aim to introduce video game and its characteristics as an intellectual phenomenon; In the meantime, we try to find the best classification in order to protect video games through literary and artistic property law in Iran and the United States. This article is a desk research written using Descriptive and Analytical method with library and online resources. Despite video games not being directly mentioned in Iran and the United States statutes, video games are protected as audiovisual works in the United States; however, in Iran, classification of video games is a matter of debate. The result of this research is that in Iran, the clause 12 of article 2 of the Authors, Composers and Artists Rights Protection Act of 1970 can be implemented to protect video games as combinatorial works; also, video games can be protected as software using the Protection of Creators of Computer Software Rights Act of 2000. In any case, distributive classification of video games can be used as a supplementary option. In the end, we suggest the judiciary system of Iran to publish video game cases in order to form case law; Meanwhile, Intellectual Property statutes such as both of the mentioned acts, need to be revised.

Successful countries in the fight against corruption have provided cultural and legal grounds for public supervision by passing laws regarding the protection of corruption whistleblowers. This is associated with structural, legal and cultural challenges in Iran, and the current research seeks to answer the question of how to support corruption reporters in Iran and what challenges it faces and the way out of this challenge. What is based on jurisprudence and legal principles? The findings of the research using a library method and relying on jurisprudential sources, showed that Iran, in addition to having incoherent and incomplete legal materials in support of corruption reporters, also has inappropriate literature and culture in this field. Another challenge in this field is the large number of people in charge of receiving corruption reports. The support-motivation measures of whistle-blowing and corruption reporting are weak because the identity of these persons does not have the necessary confidentiality and these persons are not required to be protected against the retaliatory measures of the corrupt. The incentive system is also very limited and without identifying the source of credit. Therefore, it is appropriate to take a new approach to the culture and literature of corruption reporting by taking into account the jurisprudential sources, and while coordinating those in charge of receiving corruption reports, support-motivational measures such as: confidentiality of identity and information, prevention of retaliatory measures and compensation and system To improve the encouragement and reduce the inflation and proliferation of laws in this field.

In the last few decades, the approved and amended laws on disabled rights have placed tasks and obligations on the shoulders of the government in order to meet the important and essential needs of these vulnerable groups and it is assumed that these obligations cover the entire target society. This study seeks to clarify the issue whether, according to Article 1 (definition of disability), these laws have included all people, especially the mentally disabled, from the beginning or not?

This research is a review type and information collection is done by librarydocumentary method.

Disability as a social issue has been given less attention and this has brought problems and limitations for the disabled, especially the mentally disabled and in the policy, legislation and planning system (fair distribution of social facilities) their issues have been less addressed.

The comprehensive law for the protection of the disabled has shortcomings that are caused by the lack of recognition of the individual and family characteristics and problems of these people. Discrimination of mentally disabled people against normal people of society and even against other disabled people in terms of gender (the conditions of a disabled woman and a disabled man are not equal) as well as the realities of the society in facing these people, existing rules, relations and social planning are all proof of this claim that the correct image of the reality of the problems of these people and their families is not reflected in the society.

Reconciliation and tranquility are the appetence of all nations; however, throughout the world, we are bystanders to the occurrence of novel strife and conflicts. Regardless of the reason of what is the cause for starting or continuing these conflicts, individuals with the minimum facilities that have to protect themselves get involved. The most common and vulnerable of these groups are children; in fact, they sacrifice their innocent childhood days to brutal wars. And these wars cause serious damage to their mental and physical health, making this group the most vulnerable among the others. Children are the most obvious example of defenseless individuals experiencing gun brutality. In the meantime, international humanitarian law has provided extensive support and protection to children during human and inhumane armed conflicts. If children are not directly involved in the conflict, they will benefit from the general conservation provided for civilians, and while they encompass adaptive behaviors with human rights, they will receive advocacy from current laws and regulations governing behaviors toward the foe.On this basis, humanitarian law includes protection mechanisms (both general and specific) for children from the start to the end of their armed hostilities, with the goal of reducing small and large armaments for the benefit of children. In this research, an attempt has been made to examine the protection of children from the perspective of international humanitarian law.

Support for the victim is the main pillar of the supportive victimology approach. This approach in Iran's legal system has also been taken into consideration through friendly mechanisms and paying attention to the consent of the victim and his role in committing the crime. The aim of the current research is to investigate and analyze the compatibility of criminal jurisprudence with the concept of the central victim in the framework of Iran's criminal law system. The findings of this research, which were collected by descriptive-analytical method and library tools, show that the evolution of new criminal laws in the light of jurisprudence and jurisprudence rules that pay attention to the role of the victim has been very precise and significant. In this regard, the results of the present research indicate that some of the rules and rules of penal jurisprudence are relatively compatible with the victim-centered approach and the model of restorative justice. This has caused the said rules and orders to have the necessary capacity to create changes in the process of criminal proceedings and the chain of repeated victimization. Finally, in relation to the protection restrictions that have been created in some legal institutions, the necessary rethinking and revisions should be applied.

Supporting women's rights in all social dimensions is one of the issues that have been the focus of attention and controversy in human societies and divine religions since the beginning. One of these protections is the general protection of the position and rights of women in the time of war, which has been taken into account by the Geneva Convention (one of the most important pledges of humanitarian rights) and Imami jurisprudence. In Article 76 of the First Additional Protocol of the Geneva Convention, the issue of protecting women is raised, and it can be proven in Imami jurisprudence according to specific evidence, such as the narration of the Prophet (S) containing his direct order to "do not kill women" and verse 190 of Surah al-Bagharah about non-transgression and rulings related to Jihad. In this article, we try to examine the overall protection of women in war from a jurisprudential point of view and prove the progressive Shiite thought before the formulation of any international protection laws in recent centuries. Therefore, using a descriptive-analytical method, the paper seeks to answer the question of what is the opinion of Imami jurisprudence regarding the articles of the Geneva Convention on the protection of women during the time of war, in order to determine the full compliance of the Convention with Sharia standards in this regard

The increasing spread of crimes in the current era, along with the emergence of new and different types of criminal and delinquent phenomena has been The failure of the official criminal justice system by using the guarantee of criminal executions in various fields, including: Reactive prevention of crime, timely dealing with criminals, logical and open social reforms Being the perpetrators has led to the formation of the question whether it should be increased, strengthened and updated Were the criminal policy measures and programs based on the active and principled participation of the civil society? As a rule, the participation of the organization People's organizations (Semans) who voluntarily and spontaneously enter the field of criminal law in order to solve social problems and provide public services, is a clear example of participatory criminal policy. The need for the attention of government bodies to identify, organize, evaluate and monitor cement is a necessary and undeniable matter. Therefore, in the last days of 9211, the judiciary, in line with the second step of the Islamic revolution and the transformational movement in the judicial system around Semana, prepared and adjusted the guidelines "How to participate and interact with popular institutions with the judiciary" in order to strengthen their active presence in politics. committed a social (non-governmental) crime. This instruction put many and different axes before the activists of the criminal justice system and semans. In this article, the aim is to use the descriptive-analytical method to develop a cooperative criminal policy in the protection of the victims. examined in the light of the mentioned guidelines, and in addition to removing the ambiguous points, in order to implement the guidelines in a practical way, it should lead to and result in providing new and effective horizons.

Privacy is a realm of every person's personal life that should not be entered without consent and permission. In Islamic law and Imami jurisprudence, the need to respect the right to privacy of individuals is considered very special. In the Constitution of the Islamic Republic, as well as the Criminal Procedure Law approved in 9219, the Law on Publishing and Free Access to Information, and the Law on Punishment of Persons Who Engage in Unauthorized Activities in Audio-Visual Matters, some examples of privacy are also mentioned. In the examination of jurisprudential evidence and legal materials, collecting and publishing private information of citizens is forbidden except according to the law and in compliance with the relevant regulations.

In order to carry out its duties in the Constitution of the Islamic Republic of Iran in 1388, the Judiciary drafted a bill to protect children and adolescents which was finally approved and announced in Khordad, 1399 after a lot of struggles. The new law is more important than the law passed in 1381 in improving Iran\'s criminal policy. Defining the terms used and identifying hazardous situations for children and adolescents in the general law and determining the age of the Minor in accordance with international documents on the rights of the child, as well as determining the substantive criminal and formal protections in its chapters are the special highlights of the Child and Adolescent Protection Act. Iran’s criminal policy to prevent child and adolescent victimization is well outlined in this law, which we will examine in this article. The Law on the Protection of Children and Adolescents has been able to outline Iran\'s criminal policy in dealing with the victimization of children and adolescents.

The protection of immovable cultural heritage in the England legal system is based on several principles. The principle of publicity and Public participation is the most important principle governing the protection of cultural heritage in this country. These two principles state that cultural heritage is a public resource that the public should have access to and be able to participate in the protection and preservation of this heritage. In the Iranian legal system, the protection of cultural heritage is considered as a matter of governance. The sovereignty of this matter indicates the unrestricted enjoyment of cultural heritage by the people. The basis of the England Cultural Heritage Protection System is based on public and voluntary participation and the colorful role of public non-governmental organizations in various aspects of protection is the distinguishing feature of the England Cultural Heritage Protection System compared to the Iranian legal system. In the Iranian legal system, the protection of cultural heritage is the responsibility of government institutions, including the Ministry of Cultural Heritage, Tourism and Handicrafts and its affiliated departments. In general, it can be said that the existence of institutional diversity, professionalism and popular participation in the English model of cultural heritage protection has brought an effective and efficient protection system in order to preserve heritage. The main question of this research is in the light of the principle of publicity and public participation, how is the registration of immovable cultural heritage in the two legal systems of England and Iran and what institutions are involved in the registration process.

Acid attack, as an anti-social behaviour, is a serious crime with severe punishment under legal systems.The severe damage caused to the public order, and the harm caused to the victims necessitates severe punishment imposed on the the perpetrator and supportive measures provided for the victim.This paper examines the measures taken by the newly enacted law in attempt to prevent the commission of this heinous crime and to support victims.By adopting a descriptive and analytical method, this paper considers the legislative background of this crime, and examines its constituent elements under the new law.It examines the effect of aggravation of punishment, prohibition of applying leniency institutions, aggravation of abettor's punishment and adoption of preventive measures in reducing the occurrence of this crime. The paper emphasizes the need to provide physical and psychological support to the victims, which was not provided in previous legislation.The conclusion is that, in spite of the positive steps taken in the newly enacted law, in the sense of increasing the punishment, and providing supportive measures , further measures are still needed to ensure the prevention, and especially situational prevention of this crime such as identification of acid buyers and registration of such transactions

Developments in the Middle East began with the popular movements in Tunisia in 2010. Due to the expansion of this movement among the Arab countries, Western countries also tried to enter these developments in order to protect their interests, and the management of the route took some of these movements. Get. Meanwhile, Syria is one of the Arab countries that were involved in some unrest and protests in 2011. With the intervention of Western countries and the support of Saudi Arabia for Sunni extremist groups and the formation of a free army in Syria, these conflicts have expanded and led to Killings and bloodshed in this country Iran, due to its geopolitics and interests in this country, has tried to play an effective role in the current situation in line with its strategic interests. Therefore, in this article, Iran's interests, the role and impact of this country on the developments in Syria, how to be present in Syria according to the opinion of the international community and according to the rules and regulations of international law are examined.