نشریه تعالی حقوق
سال نهم شماره 4 (زمستان 1396)

Public participation is one of the basic factor in anti-corruption programs and one of the most important examples of this kind of participation is the whistleblowing of the corruption, which leads to the initial detection of the corruption. ‘rule of motivation creating’ is an important component in encouraging people to whistleblowing of corruption. This paper responding to the question that, which legal mechanisms can provide the necessary incentive for reporting of violations and introduces these mechanisms with a comparative approach. The result is that, adoption of negative measures to remove the reporting barriers of whistleblowing such as maintaining the confidentiality of the whistleblower and preventing retaliation against him is so important, Meanwhile, positive actions by emphasizing supportive and encouraging mechanisms is nessecary.

The purpose of the arrest of the accused, deprivation of liberty of individuals in response to a criminal charge is to present them to the competent judicial authorities. This action is contrary to the principle of freedom, Conflict with the rights of the accused and it is necessary to be with the utmost caution and observance of legal standards, otherwise it will be responsible. The purpose of writing this article Study arrest operation standards at legal systems of the United Kingdom Looking at the findings of international instruments. Research findings show that in the UK legal system to comply with international documents ،the legislator arresting's are obliged to observe the necessary such as announcing the arrest and its causes, Use of reasonable force and immediate delivery has accused the nearest police authority and mechanisms for these requirements are also foreseen in this legal system.

The personal jurisdiction of the Senegalese Special Court, established in 2013, is limited to Hisson Hobre and his associates, and the African and Senegalese associations have been influenced by other international criminal justice courts in setting up the Statute of the Court. The present article, while analyzing the competencies of the Special Court of Senegal, shows that the method of copying and attaching was used in the statutory writing of this court. The application of this criterion is based on the unity of judicial and legislative practice in the international community in order to attain a degree of vacuum in resolving the legislative branch of the transnational corridor, but this method should not be regarded as a "standpoint" of cases; otherwise, Salary will go. The Statute of the Court, which results from the interaction of domestic and international law, is admirable with this approach.

The manufacturer may not be able to personally procure needed capital, so he may go to money market to meet it. Banks and financial and credit institutes make loan to manufacturer and if the sum of loan is more than ascertained amount, they demand mortgage in order to be assured that they are able to collect the loan in the case of borrower’s default. Given that the legal rules governing pawn requires pawnee to act through authorities to sell security and collect the credit if the borrower does not repay the loan, the lenders tried to circumvent the rule by taking agency and personally sell the security. Legislator has apparently decided to protect manufacturer by prohibiting irrevocable agency, whereas the rule is not necessary and it can be said that its enactment amounted to ambiguity and uncertainty, because the Registeration Act has previously banned it and annulling agency has been common in the case law.

The necessity of the Speed in International Trading makes all business operations without losing time.Financing through the Forfaiting can provide the financial needs of business activits and investors, including the need for liquidity in international trading through Transfer of long-term demands withoutTermination In the shortest time and the least harmful method.Thise method of financing will be done In the form of a contract between Forfiter and creditor. In this research, determination of the legal nature of this contract is questioned In the law of Iran and the United States.
Most countries in the world, including the United States bringging up the cantract system for the nature of forfaiting. In Iran law, we can use from Transitional methods, because of the forfating Based on Transitional demand

due to the Given the ambiguities in Article 170 of the Constitution of the Islamic Republic of Iran about the responsibility of the judges if they are guilty Appling the general rules of civil liability to judges actions is necessary, which does not match the dangers of their jobs. Advanced legal systems have not made public judiciary responsible for civil liability and have imposed absolute or binding restrictions. This paper, by comparing the legal systems of France and Iran, concludes that in French law, in addition to the judge, all persons involved in the completion of the judicial process have civil liability, and the absolute immunity of judges has not been accepted for compensation, while compensating for damages Methods are foreseen in the area of judges (under intentional or fault assumptions) or compensation by the government (in other cases).

The importance of the prosecutor in prosecuting of crimes and its close association with legitimate rights and freedoms has led to different approaches to the selection of this office. In legal systems, four methods are used for select prosecutor: private; appointive; elective and combining/merit selection.The Iranian legal system has always and only experienced the methodof appointment; But elective selection has been used in most US states. Despite the benefits of this method, such as the proximity to democratic principles, it is essential to examine the challenges and potential pitfalls of this approach.Given the basics and experience of using the method in the United States, two category of challenges can be identified:First, the political and social challenges (theoretical) include:be affected of elected prosecutor by political authorities and emersion of criminal populism.Second, executive challenges include: limited legal procedures for accountability, inadequate selection criteria for citizens, few electoral rivals, modest changes in prosecutor's office, and neglectingideology of electoral candidates.