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

Despite the efforts and spending of huge expenses for the development of the country and deprived areas, including Sistan and Baluchistan province, and despite the achievements, a large number of people in this province still live in poverty and deprivation, so that according to national statistics, Sistan and Baluchistan province ranks first in the country in the indicators of poverty and deprivation. Eliminating poverty is one of the obligations placed on the government in such a way that in the constitution, vision documents, national and provincial development programs, clauses regarding poverty alleviation have been prepared and approved; However, the adoption of laws alone is not enough without proper monitoring and implementation in this field, and prescribing a solution without understanding the various roots of poverty cannot be a solution. In order to eliminate poverty in the country and especially in Sistan and Baluchistan province, we need to know the existing obstacles in the direction of poverty alleviation in this province, because identifying these challenges as best as possible can help to provide suitable solutions to eradicate poverty. The present research has investigated the legal challenges and obstacles of poverty alleviation in Sistan and Baluchistan province through qualitative method and in-depth interviews. The research data are categorized in three axes of normative, structural and behavioral challenges. The results of the research show that the main challenge in this field is not the law itself, but the way it is implemented

Artificial intelligence (AI) is rapidly transforming our world, and there is no exception even in the field of employment and labor rights. The pervasiveness of AI in tasks and activities previously performed by humans has raised concerns about the displacement of human labor and its implications for employment, labor rights, and social stability. AI has the potential to automate many tasks, which could lead to the loss of some jobs. However, AI can also create new jobs and enhance existing performance. The overall impact of AI on employment will depend on various factors, including the rate of automation, workforce skills, and government support policies. The emergence of AI in the workspace presents several legal and ethical challenges, including algorithmic discrimination, data privacy breaches, and accountability, that require addressing. This paper adopts a descriptive-analytical approach to provide legal solutions to address AI challenges in the field of work. These solutions include amending existing laws, enacting new regulations, raising awareness and education, and protecting workers' rights. The aim of this paper is to provide a comprehensive overview of the legal issues arising from AI in the context of labor rights and to offer practical solutions to ensure workers' rights in the AI era.

Cryptocurrencies, as one of the most essential products of blockchain technology, have unique and sometimes new features such as distributedness, asymmetric cryptography, and consensus mechanism, and they have a specific mechanism. Despite the widespread acceptance of crypto-currencies in our country, there are significant challenges in advancing their use. According to our country's legal system based on jurisprudence, these challenges can be summarised in the two axes of "not being property" and "being unknown" of cryptocurrencies. In addition, the use of cryptocurrencies inside the country is also prohibited by the approval of the Council of Ministers. To prove that cryptocurrencies are property, on the one hand, the definitions of property from a jurisprudential and legal point of view were discussed. On the other hand, the nature of cryptocurrencies was examined from the point of view of various legal documents and conventions. It was explained that cryptocurrencies can be considered property from a jurisprudential and legal point of view. On the other hand, while explaining the concept of white papers, the criticism that the mechanism governing cryptocurrencies is unknown has been answered. Finally, citing legal evidence, it has been demonstrated that the decision of the Council of Ministers is not strong enough to invalidate the contract in which the currencies were used.

Deepfake means creating animated content (video) by mimicking, simulating, or replacing a pre-existing face. In the way that the viewer imagines, the produced video is real but it is not real. Deep learning technology, which is based on artificial intelligence, has made it possible to produce such content. This article focuses on the legal aspects of deepfaking and, in particular, the possible abuses of deepfake content. Fake content may be produced and/or distributed with the intent to defraud abuse, deceive the public, or defame a celebrity. The main question is, what legal challenges does deepfake entail, and are the existing Criminal Acts and civil liability regulations responsive to the new situation that has arisen with the spread of deepfake or not? To answer such questions, in this article, the characteristics and practical challenges of deepfake, the use of the provisions of intellectual property agreements to manage deepfake, and legal solutions to reduce and manage deepfake are examined.

Problem-solving research seeks to identify questions and problems that can be proposed and examined pertaining to an organizational issue or social event. This article as problem-solving research seeks to discern and identify legal questions and issues related to the unrest of 1401 in Iran. Identification and definition of these issues and questions provides a favorable ground for legal researchers to deal with the legal aspects of the 1401 unrest in Iran in the form of articles, theses, academic chairs, and even academic treatises. In addition, the results of this research can be useful for policymakers, planners, and legislators. The problem-solving nature of this research led to the writing of this article with the participation of 80 Iranian legal and judicial experts, of which 56 of them agreed to include their names as Co-author, and in this way, the indicator of the "number of authors" involved in the writing of a single article has also set a new record. The tools and methods of data collection in this research were library and case study methods, and the analysis of said data was carried out by the "content analysis" method. In this research, hundreds of questions or legal issues have been identified that can directly be used as subjects for research.

Rules of procedure, contrary to the substantive laws, are subject to change based on the requirements of time and place and the conditions of, and facilities available to, the society, and with the growth of technology. Therefore, despite that the Civil Procedure Code currently in effect has been enacted as early as in 2000, the legislature and consequently the judiciary, due to the inefficiency of that law, has sought to change it to reduce the excessive costs of litigation for individuals and the judiciary and minimize the procrastination. These efforts are crystallized in the Judicial Case Management system, resulting in the removal of redundant formalities from the proceedings and demonstrating itself in two main patterns, legal deregulation and material deregulation. Relying on modern technologies, the latter pattern consists in moving litigations away from the traditional manpower-based form it used to have.Although a comprehensive law on e-litigation has not yet been enacted, many of the rules of litigation are now processed electronically. This article argues, in response to this situation, that what is becoming electronic is litigations, the very right of individuals to access justice which is enshrined in the Iranian Constitution. Therefore, the major basis of the system should be the law, rather than the information technology and the abilities of  engineers. The judiciary, in its very rapid advancing in the electronization of proceedings, has simply set aside some of the encumbering rules without replacing them by new lawmaking to address the problems in a more informed way. In some cases, instead of providing electronic services, this system decides in place of court judges, clerk or others involved in the lawsuits, neglects the application of the principles of proceedings that are meant to guarantee the acquired rights of individuals, and deviates from the purpose of assisting the proceedings. The litigants have no say whether the litigation is to be performed electronically. The optional e-litigation procedure is applied in the courts of France, and the choice of e-litigation or electronic information exchange in that country must be based on the litigants’ consent, which they even have the right to retract. The Judicial Case Management system should thus be designed in such a way that neither ignores the regulations nor allows electronic services beyond the law to be introduced in the litigation. In other words, since the litigation is the core of this system, it is not justified to subject the procedures to inefficient changes without necessity. Accordingly, the most important challenges in e-litigation will be criticized in this article and the effects of e-litigation in providing a fair trial and securing the rights of litigants will be explored by examining relevant rules and procedures.The present article has been written in a descriptive-analytical method using library studies and a deductive method, to address the challenges and concerns in this field.The actual notification is one in which the form of notification is delivered to the addressee’s own, if the addressee is a natural person, or to a person authorized to obtain judicial documents, if the addressee is a legal entity, in accordance with procedural rules, by the officer legally responsible for the execution of the notification, in exchange for a receipt, and the process is reported to the court office. In electronic proceedings, according to Article 13 of the Regulations on the Use of Computer and Telecommunication Systems and Article 8 of the Regulations on the Provision of Electronic Judicial Services, electronic receipt of judicial papers to the addressee's account in the notification system is deemed as valid actual notification. The fact that the notification is seen by the addressee, along with its time and other details, is recorded and stored in the notification system, and will be given all the effects of the actual notification. Logging in to the notification system through the user account and viewing the papers in this way is considered a receipt.The present study seeks to answer the question whether, assuming the enactment of comprehensive rules of electronic procedure, all the stages of the proceedings could be implemented electronically, and how this method of litigation could ensure the rights of litigants, in spite of all challenges it is faced with. The article argues, in response to this question, that what is becoming electronic is litigations, the very right of individuals to access justice which is enshrined in the Constitution. Therefore, the major basis of the system should be the law, rather than the information technology and the abilities of engineers.E-litigation has undeniable benefits, such as the elimination of collusion between litigants and the notification officers, the capability of preparing and sending several records without going to court and, more importantly, the time efficiency. It has also several drawbacks for litigants as this practice is neither based on sufficient legal materials nor supported by enough technical infrastructure. It thus seems that it was the reduction of government costs rather than securing the interests of litigants that has motivated the project. As far as litigants are concerned, they will be forced to have a mobile phone line and a phone with special capabilities, to be connected to the internet, and to constantly monitor the Judicial Electronic Registration system, which demands time and expense. On the other hand, individuals will be obliged to accept various undesirable effects and consequences of e-litigation, such as going to the offices of the Judiciary to file lawsuits, to be confined in describing their claims to the precomposed clauses of electronic forms without much power to alter them, and at the same time to pay many different and additional costs that were not necessary in non-electronic proceedings. Also, one cannot request an immediate hearing during holidays or in non-office hours, and may be notified by the system at times of the day that are outside office hours, so he will miss, in practice, the day of notification. Finally, considering that many citizens do not have the necessary facilities for e-litigation and many other drawbacks of this electronic system, it not only does not guarantee the rights of individuals to a fair trial, but can also be considered a violation of their rights.

The pandemic of the Coronavirus was a test for legal systems to evaluate the effectiveness of laws and regulations in the face of the crisis. Advertisement of health goods, including food, hygiene, and pharmaceutical products, is one of the areas that was severely affected by the onset of the crisis. As advertising for tourism or home appliances declined, advertisements for personal protective equipment, cleaning materials, and nutrients to boost the immune system increased. Although Iranian law prohibits promoting and advertising drugs of any kind, drugs for the treatment of Coronavirus were advertised on TV and cyberspace. In this study, by a comparative study of Iranian laws and regulations with that of Britain, as a tool for measuring, the executive power of these two legal systems has been assessed in the face of the Corona crisis. Benefiting from a self-regulatory system of oversight and the existence of quasi-judicial bodies with transparency in access to the votes in the British legal system was an advantage, whereas the conflict of competence in issuing advertising licenses and the lack of a suitable mechanism to compensate consumers in Iran indicate the ineffectiveness of laws and regulations, especially in the face of crises such as Corona.

Cyberspace is a large community and neighborhood that connects millions of computers and their users around the world. With the dominance of the Internet over the daily lives of human beings, it seems natural that many features of traditional society be drawn into the Internet and formed there. Today, many things like buying and selling, education, family counseling, marriage and even medical consultations between doctors and patients are done on the internet.Therefore, it is not surprising that cybercriminals commit crimes in cyberspace. Especially the anonymity of this space encourages the spread of this type of crime, in this space less real identity is revealed and people easily commit all kinds of crimes by hiding their identities. The passage of time and the growth of technology have created new crimes.These crimes have challenged various branches of criminal science, including substantive criminal law, formal criminal law, criminology, and criminal science; As it can be said, the existing laws are not a suitable answer for such modern crimes and in sociological terms, the legal system has been lagging behind in dealing with these crimes. These crimes are like a very dangerous and creeping tsunami that threatens national and global security; therefore, the present study seeks to analyze the general and legal challenges of combating cybercrime.

Smart contracts are electronic contracts concluded in public ledgers such as Blockchain, and are supervised by the governing body and artificial intelligence between the time of concluding and final approval. Until the contract is finalized , parties and artificial intelligence, at the time of concluding, may receive any information about the transaction or the parties to the contract by Oracles which are the systems that establish the communication between Blockchain and the foreign world. These contracts are considered in accordance with any legal system relating to the contract, taking into account the essential conditions of the transactions and the unique features, such as self-execution of the effects of the contract and transparency. Formation of these contracts depends on the existence of digital signatures and license to own virtual currencies. Smart contracts, after being approved by the parties and artificial intelligence, are registered in the public ledger and they are then placed in the space of public ledger to be observed. Rules on international contracts are encountering challenges, and a solution to those challenges will lead to an improvement in the implementation of these contracts in the legal system concerned.

The protection of victims' rights has a special place in Islamic legal thought and important international documents; Legislative and judicial challenges have made the dignity of the victim vulnerable; The victim's claims are not limited to compensation for his material damages, but his mental and psychological interests and desires are significant. There is a penalty; However, the new Code of Criminal Procedure shows that the legislature in many cases has clearly paid special attention to the rights and dignity of the victim, but the implementation of these laws in the judiciary requires special supervision, especially that some current rights are violated. Also in cases not implemented or different from the purpose of the legislator; However, the constant attention of the judicial authorities and the supervision of the supreme judicial authorities in this regard is helpful.However, the constant attention of the judicial authorities and the supervision of the supreme judicial authorities in this regard is helpful.

The patents’ term prolongation through protecting the new detected uses is the problematic matter that has been seriously attended by the developed countries in recent years. Iranian legislators’ uncertainty toward the subject within the respective legislatures illustrates the legal importance of taking a stance، which is consistent with the primary principles of patent law and international obligations. The present article، aiming at finding a comprehensive approach، surveys the legal status of the mentioned emerging issue at three levels i. e. international (Trips agreement)، regional (European Patent Convention and Andean Union)، and territorial laws. Based on the findings of this work، the uncontested and primary principles of patent law entail that the new uses either within opponent or proponent jurisdictions must be posed as “process invention”. Accordingly، the opponent jurisdictions via narrowing، and proponent jurisdictions via extending the domain of legal definition of “process invention” shall adjust and restrict the protect ability of these intellectual achievements