جستجوی مقالات مرتبط با کلیدواژه « European ::union » در نشریات گروه « فقه و حقوق »

Prevention of security violations of information exchange networks is something that has always been the concern of legislators. This issue is important because in today's era, as an electronic era, breaching the security of information exchange networks leads to information leakage and creating grounds for abuse, which misuse of people's personal information can, sometimes even have destructive effects on biological security or cause the personal assassination of the nationals of a country. The legal system of the European Union in this field includes detailed regulations, among which we can refer to the General Data Protection Regulations approved in 2016. These regulations contain detailed rules in the field of maintaining and preventing information security violations. The main question that this research seeks to answer is, what mechanisms does Article 32 of these regulations contain in order to prevent security violations of information exchange networks? In order to answer the above question, the present research, in a documentary way, by presenting the provisions of the above-mentioned article and analyzing its clauses, the mechanisms determined in this article in the four categories of anonymizing and encrypting personal data, ensuring confidentiality, integrity, availability, and flexibility. processing systems and services, risks (risk) related to information processing and compliance with formal requirements, and in the conclusion part, he tried to provide some policy recommendations, including how to amend the laws and regulations approved in Iran's legal system, informing the people through Mass communication media and systematizing the granting of licenses to the activities of transnational companies as the results of the review of Article 32 of the European Union regulations approved in 2016.

Artificial intelligence (AI), with astonishing progress, is exploiting abilities that were previously under human dominance. Regardless of technical complications, this enigma requires a comprehensive analysis of humanities elites to respond to emerging challenges. One of these challenges in the field of law is the AI liability. If damage is caused by AI, then who should be held liable? Noting that Iran's legal system currently does not have specific regulations on AI, following similar issues, it is argued that the user of AI is liable based on fault and the liability of the producer is vague. A comparative study of the European Union regulations shows that the liability of the user is based on fault, with a slight difference, while the liability of the producer is absolute. However, none of these legal systems have given a separate character to AI and do not consider it as more than one object. This paper considers the unique characteristics of AI and believes that both of the reviewed regulations are ineffective. Therefore, it is appropriate to define an independent personality for AI to prevent the infringement of the injured rights.

As organized crime increasingly spread through drug crime in the 1980s and became an international problem; the ineffectiveness of existing legal tools to deal with it emerged; because the conviction of several organized criminals behind bars and the exploitation of the benefits of their crime after their release could not have had a tangible effect on defeating organized crime. In this respect, the system of confiscation of property to fight international organized crime was recognized as a fundamental principle in international and national legal systems and grew and expanded significantly in terms of type and scope; One of its modern and progressive forms is "extended criminal confiscation" Among the international organizations, the Financial Action Task Force and the European Union, and among the European countries, the United Kingdom has the leading systems of extensive criminal confiscation. Therefore, in this study, with the aim of pathology and optimization of the legal system governing the confiscation of property related to crime in the Islamic Republic of Iran, with a comparative view, the components of the extended criminal confiscation system in the leading legal systems are described and based on the legal system approach. Iran is assessed and pathologically evaluated In order to provide effective suggestions for reforming the laws governing property related to crime; Extensive confiscation in leading legal systems has four components: criminal offenses, legal presumptions, reduction of the value of proof and litigation revolution. In Iran's legal system, although extensive criminal confiscation is provided for in the Anti-Money Laundering Amendment Law approved in 2017; But it lacks the first and second components, and regarding the third component, although suspicion is close to science, it has been legislated; But it lacks objective and quantitative criteria; Therefore, it is suggested that the legislator, like other leading legal systems, formulates the component of predicate crimes and legal assumptions in the legal system governing extended criminal confiscation and, like the English legal system, establish objective criteria such as "criminal lifestyle" and "period of criminal activity" to study suspicion. Legislate with science.it should be noted that this research has been done by descriptive-analytical method and in the collection of resources, the library method has been used.

The physical and mental health of workers and operators of hazardous jobs is directly related to their occupation Therefore, most countries have considered a special support system to support and maintain the health of those who work in hazardous jobs, and the most important and common way to support those who worker is early retirement. Comparing the factors of the legal system to support hazardous jobs in Iran and the member countries of the European Union is the main question of the present research, which has been investigated by descriptive and analytical methods. Considering the bankruptcy crisis of pension funds and in line with economic austerity policies, it can be seen that in the last two decades, the list of hard and unprofitable jobs has been revised and most countries have taken steps to eliminate or reduce support for the hazardous jobs. In Iran's legal system, according to the procedure established by the Administrative Justice Court, the system of supporting hazardous jobs for those subject to the labor law and the employees of executive bodies in terms of the authority for determining the hazardous jobs, the number of retirement years, the way to provide for the financial burden of retirement and ... Is different. With regard to the study of European models in Iranian law, amending laws with the approach, requiring employers to reduce and remove environmental pollutants, eliminating discrimination, and creating a balance between the protection of those subject to the labor law and the employees of executive bodies, not imposing a financial burden on pension funds in order to maintain the rights of For a generation, reducing the years of friendship, determining the list of the hazardous jobs by a centralized institution with specific quantitative criteria and with the requirement of periodic and continuous revision seems necessary.

Restoring the previous situation on the issue of damage, which is realized in the institution of civil responsibility as much as possible, gives a special advantage to this legal instrument in the maintenance and restoration of the environment, and this is a missing element that cannot be found as an alternative for it in purely criminal approaches; However, the application of this institution in the environmental laws of the Islamic Republic of Iran has not gone beyond the generality of the rules of waste and waste, and until today, no explicit and specific legal text has been established in this field On the other hand, the text of the European Union environmental civil liability law approved in 2007, which is derived from the collective logic of a series of European countries, is related to determining the general style and legal considerations in the issue of mandatory environmental guarantee, which is of great importance in legal texts. , as a result, firstly, the prevention of environmental damage is not possible without this institution, secondly, a case study of European Union law with a comparative view and descriptive research method. it seems necessary.

Artificial intelligence as a young field includes a set of sciences, theories and techniques, especially mathematics, statistics, probabilities and computer science, whose purpose is to reproduce human cognitive capacities by machines. Artificial intelligence and algorithmic decision-making are creating new technological challenges for the normative environment around the world. Basic legal principles such as non-discrimination, human rights, transparency, should be strengthened with regulatory interventions. According to the nature of the subject, the present research has been conducted in terms of practical purpose and in terms of gathering information by documentary method and through the study of valid laws and sources and the obtained information has been analyzed in a descriptive-analytical manner. This article seeks a combination of hard law and soft law regulatory models, based on this assessment, recent European legal initiatives are analyzed. Ongoing discussions in the Council of Europe have concluded that several strategic options should be presented to stakeholders for further consultation. This approach provides the possibility of measuring and balancing the advantages and disadvantages of different monitoring models. A combination of normative frameworks deserves more attention. The current debate in Europe seems to be a suitable laboratory for other countries around the world that are faced with the task of determining how to design the legal environment for artificial intelligence systems.

On January 23, the Council of the European Union approved the executive regulation proposed by the Commission of the Union and the High Representative of the Union regarding the imposition of restrictions on several Iranian entities and individuals and stipulated that it is applicable in all member states. In this document, several persons and institutions, including the Promotion of Virtue and the Prevention of Vice headquarters and its secretary, are sanctioned. In this descriptive-analytical note, we are looking for an answer to the question whether this sanction has a justified legal basis. If any loss or damage is caused by this sanction to the headquarters or its secretary or to the people of Iran, what mechanism is there to compensate it? In addition to the indirect attack of this document on the fundamental rights of the Iranian people under the pretext of protecting the people and the ability to demand compensation for the damages caused by this decision of the European Union due to the violation of some international and European human rights documents, considering the gross errors in Regarding the executive position and performance of the headquarters secretary, the legal nature of the headquarters, the legal duties and performance of the headquarters in the past two years, and the great similarity of the literature contained in that document with the literature of the media flow of the rebels and subversives, it seems that the writing of this document It has been entrusted to the agents of the aforementioned organizations, especially the terrorists of the Mojahedin Khalq. This decision, which cannot be unrelated to Europe's adherence to America's policies against Iran, has been approved with gross error by an institution that claims to dominate the rights and decide the fate of other nations.

The establishment of regional organizations is one of the most important tools for the economic and trade development of the commonwealth of independent States. The expansion of economic relations requires the use of tools of wealth circulation, i.e., international commercial contracts such as sale, transportation, and insurance between allied countries. In the event of a dispute between the parties over the implementation of these contracts, filing a lawsuit in the courts of each of the interested countries is a traditional and, of course, not very efficient solution. In contrast, the growing tendency of merchants to include the clause of choosing a court in contracts and agreeing on the jurisdiction of one of the competent and even incompetent courts is a relatively new and efficient method. However, the question is which regional organizations have taken steps to recognize this business practice? Also, what conditions do the instruments of these organizations provide for the validity of the mentioned agreement and the resulting jurisdiction? Finally, what is the solution to regional instruments in the event of a conflict of resources? Recognition of the status of consensual jurisdiction can be a good model for those regional organizations to which Iran is a member. In addition, identifying credible instruments in this area will assist Iranian courts in dealing with cases of enforcement of foreign judgments based on consensual jurisdiction.

One of the basic rights of labors is to enjoy job security. This right is threatened in the pregnancy status of female labors who change from employment status to maternity leave. International labor law and EU law, in order to protect this right, have laid down appropriate rules and regulations to prohibit the termination of contracts of women labors and to protect their employment during pregnancy and childbirth. In labor and social security law of Iran, despite the existence of relatively appropriate regulations in this regard, unfortunately, judicial procedure of administrative court of justice has not been formed to ensure the job security of these labors. The present study, by using a descriptive and analytical approach, while explaining the position of international labor law and EU law, has evaluated the issue in labor law of Iran. The result is that according to the evidence presented in this study, the maternity leave period is inherently matches with the suspension of the contract, and therefore in this period the employer has no right to terminate the contract and it is pointless to count this period as part of the employment contract. Also, the Predict the right of termination for the employer or the condition of termination of the contract in case of pregnancy of the labor, has no legal validity.

With the adoption of the EU Compensation Guidelines for the 2014 EU Anti-Monopoly Act to compensate for all damages and even profits and lost profits (direct and indirect purchasers), absolute liability was foreseen for violators of competition law. There are exceptions to this rule, of course. This did not happen until the end of 2016, despite the Member States' requirement to implement these rules in their national legal system due to legislative and administrative challenges. Some of the challenges are related to being possibility to turn us over to absolute responsibility or agree contrary to the rules of procedure, the deterrence aspect, litigation, challenges associated with indirect buyers at the end of the supply chain and informing buyers These challenges and other challenges that have arisen have led to the Union issuing a statement on how to implement the provisions of this directive in the legal system of the Member States. Identifying these challenges and the solutions offered in this regard can pave the way for legislative policy-making for the development and enhancement of competition law rules in the Iranian legal system.

A smart contract is one type of electronic contract whose specific feature is automatic execution. General validity conditions of contracts should be met to determine the validity of a smart contract. General validity conditions of a contract from Iran and the United States of America perspective consist of parties’ capacity, mutual agreement, consideration, and legitimacy of contract purpose. As described in this article, parties’ capacity normally does not examine in the routine procedure of smart contract conclusion, and it’s obligatory to ensure the complete capacity of parties by additional measures. Mutual agreements easily can be determined in smart contracts. Smart contracts can be concluded as reciprocal or nonreciprocal; and this article clarifies if there was no consideration in a nonreciprocal smart contract, it should be deemed as void in USA territory. Finally, if the purpose of a smart contract conclusion was illegal, undoubtedly that contract will be invalid in both Iran and USA territory.

Consent and party autonomy, along with the neutrality of arbitral tribunal, are the most featured distinction of arbitration vis a vis other dispute resolution methods. These fundamental features, however, might be affected by the application of unilateral economic sanctions of regional organizations (i.e. European Union) which is indeed for protecting their foreign security policy frameworks and fundamental interests. In one hand, the arbitral tribunals have to respect the parties’ choices, namely the applicable law (which might be against the sanctions), and in the other hand, the courts are obliged to recognized the European Union sanctions as public policy and overriding mandatory provisions and accordingly, set aside or annul the arbitral awards contrary to these provisions. Therefore, the main aim of this research project is to study of the effect of European Union economic sanctions on commercial arbitration disputes, as well as the approach of pertinent courts. The key result is that arbitral tribunals in confrontation with such sanctions as jus cogens, rely on their authorities particularly in term of applicable law, recognition and enforcement of the arbitration award.

In free commercial competition, each company has its own competitive policy, programs and special goals. Each of these entities has two categories of news and information. Some of this information do not have any special confidentiality and, therefore, the other companies in addition to the general buyers and consumers of products have the right to be aware in order to step into deal with them having sufficient knowledge and information. But, the other category of the information which companies possess are completely confidential and classified. All companies must refrain from acquiring and disseminating such type of information pursuing the aims which include weakening or elimination of competitors, elimination of competition and creation of monopoly. Competition Law covering issues such as electronic commerce regulations under the Iran's legal system and certain treaties, agreements and directives in the European Union's legal system constitute attempts at protecting these trade secrets through prohibition of such actions and incorporation of multiple execution guarantees. In terms of special importance these secret information has in free competition and global trade, the present research tries to study, analyze and assess the concept and state the types of secrets and the legal bases of banning its disclosure in electronic commerce as stipulated under the Competition Law of Iran and Law of European Union by referring to the reliable and valid domestic and international sources.

In the face of the Corona epidemic crisis, social relations are being transferred to cyberspace at a double speed. one of the important strategies to fight the corona epidemic is information technology-based solutions. As a result, data flows in the corona crisis are increasing exponentially. Data protection regimes; Regulates data collection, transmission and processing, and addresses user rights in this area. In this article, the author seeks to answer the question: "What are the data protection requirements in the Corona crisis in the European Union and the Islamic Republic of Iran?" With a descriptive analytical method and a discriminatory comparative approach. So compliance with data protection requirements in the face of the Corona epidemic crisis is still necessary, and data protection laws provide for the exceptions and flexibility required to deal with the epidemic crisis. Finally, in the absence of a coherent data protection legal regime in the country, it is suggested that Information Technology Committee of the National Anti-Corona Headquarters to protect the rights of citizens in the Corona crisis, based on general legal principles and scattered laws, provide temporary guidelines on data protection in crisis. Prepare a corona and submit it to the National Anti-Corona Headquarters for approval.

The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.

The present study is written by descriptive-analytical method.

The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber ​​is one of the main reasons for the inefficiency of Iran's criminal policy.

With the establishment of the European Union, the concept of traditional sovereignty underwent changes; Because on the one hand there is the issue of the sovereignty of European governments and on the other hand there is the issue of the sovereignty of the European Union. In the past, absolute sovereignty was defined for governments; But the developments that took place made it possible to define relative sovereignty for legal entities. There are three approaches to governance in the EU. One approach favors the sovereignty of states over the sovereignty of the Union, and the other approaches the sovereignty of the Union over the sovereignty of European states. The third approach is to take the middle ground that neither of the two is superior to the other; in which that the territory of the Union and the member states are defined as two separate territories that do not conflict with each other. In fact, there is no conflict between the tasks of the Union and the member states; Rather, their tasks are in the interests of each other, and the reason for the formation of the Union from the beginning has been to better serve the common interests of European governments.

Granting citizenship to persons on the basis of the Jus Soli has been the oldest principle in the formulation of citizenship rules in legal systems. It seems that the drafters of the Iranian civil code in applying the rules and regulations of citizenship have been completely influenced by French law and have translated the nationality rules of that country. Citizenship rules, like many other social issues, must be governed by the cultural, political, economic and social conditions of each country. A Comparative Study of Jus Soli in the Legal System of Iran and European Union Member States, including France and the United Kingdom, can show how nationality regulations evolve under these conditions. Iran's civil code, using French law, has used four of the five recognized Jus soli models. The economic, cultural and political conditions of Iran indicate that the granting of all recognized forms of citizenship is not in the interests of the Iranian government and society, and that Iranian citizenship requirements in the area of Jus Soli require substantial reform. Using this comparative study, the Iranian legislator can apply the necessary amendments to the rules on Jus Soli proposed in this article in Iranian civil code.

The rapid development of new information technologies and data analytics has caused the awareness of the economic value of data and data has become a new kind of asset. In European union, the acceptance of data as a new legal object is not revolutionary, but a change in the conception of ownership. By introducing data as the vital resource of the digital economy, the improvement of legal rules, including ownership rights, becomes necessary. This paper discusses the concept of data, identifies the challenges in defining the property rights in data by analyzing for and against arguments, and studies the position of data in intellectual property rights, trade secrets, data protection, contracts, and competition law. Attitudes towards ownership as a fundamental concept, in relation to data, face various uncertainties, and focuses on data ownership could arise new economic concerns and legal issues. However, the lack of legal rules on data ownership should no longer be ignored. The mentioned legal systems also do not provide a sufficient basis for ownership of data. The solution is to regulate data, based on a clear definition of ownership while respecting the fundamental rights of individual, and providing the means of success in the digital economy.

Following the development of new technologies at the beginning of the 21st century, a new generation of self-executing electronic contracts called smart contracts in the field of digital commerce has been developed, which is the product of combining distributed office technology called blockchain with computer code and IoT. Relying on computer algorithms for the accurate and secure execution of smart contracts does not eliminate the need for legal evaluation. The question now is whether conflict resolution rules still apply to smart contracts? This research, which has been done with an analytical approach, has evaluated the existing criteria in private international law intersection with this new technology. A comparative study of Iranian and European Union law (Regulations of Rome I) shows that, although the use of personal criteria in determining the law governing smart contracts directly clarifies the answer if the will of the parties is not exercised at the time of designing of the smart contract’s software, the international dispute resolution body, has to resort to objective criteria. The conclusion is that these criteria are still valid. Still, the effect of objective criteria that are most closely related to the characteristics of this type of contract may, in some cases, lead to different results. Therefore, the method of qualitative evaluation and weighting to effective objective factors is suggested.