نشریه تمدن حقوقی
پیاپی 4 (پاییز 1398)

In this article, we will review and critique the administrative proceedings in the commissions for investigating the violations of the faculty members of universities and higher education institutions of the country. The importance of this research is that due to the high mission of the country's higher education system in training skilled workers for society, it is necessary to maintain their independence of action and political officials cannot influence them. But on the other hand, there are rules and regulations necessary to deal with disciplinary violations by faculty members and to purge incompetent professors. Therefore, litigation is of special importance in the commissions for investigating the violations of faculty members. According to the law on disciplinary regulations of the faculty of universities and higher education and research institutes of the country approved by the Islamic Consultative Assembly in 1364 and its executive regulations approved in 1364, along with the 1384 amendments, the violations of faculty members except faculty members of Azad Islamic University will be considered in the primary and review boards. The imposition of political influence on the liquidation of professors, the lack of regulations on the independence of judges of committees the lack of need for judges dominance on legal issues, the imposition of double punishment, the incompatibility of violations with punishment in some cases and the impossibility of retrial are the main shortcomings of this law.

The two countries of Iran have relatively close laws for religious and cultural similarities, and both claim to have their own laws based on the sacred law of Islam .one of the laws of the two countries is the penal code, and one of the major offenses in both laws is intentional homicide, despite the different penalties provided for in the two countries ‘penal laws. The present study attempts to study and explain the differences and similarities of the mentioned punishment by comparing the two laws with a descriptive and analytical method and finally determine the degree of conformity of both laws with Islamic jurisprudence. The findings of the study indicate that the punishment of premeditated murder in Iranian criminal law, retribution and in the Iraqi state is one of the three punishments of life imprisonment or provisional imprisonment, execution and life imprisonment or execution. in Iran, the primary punishment for premeditated murder is retribution, and in Iraq, the primary punishment for deliberate murder, temporary or permanent imprisonment, and in certain cases, the death penalty, although most cases and cases of premeditated murder included .the president is on exception and has stipulated that the Iraqi code, the primary and unconditional punishment of his killer, be executed .the president is on exception, and the death penalty is stipulated by the Iraqi penal code. Ultimately, it is clear that the punishment of intentional murder in Iranian law is in accordance with sharia principles, while in Iraqi law, the customary law has taken the place of sharia.

Among the various fields of the humanities in various societies, no field can be found that is not significantly influenced by history and the ups and downs of the times, and the passage of time has not affected it for a long time. Meanwhile, the legal and judicial spheres are no exception to this rule, and he and everything that belongs to them have undergone a change in the course of history. Legal history constitutes a major part of the history of civilized societies; and being aware of the evolution of any civilization requires a correct understanding of the various legal issues of past periods. In order to see how the issue of developments in the institution of advocacy and legal and judicial counseling has been discussed from the past to the present and what developments have taken place in the legal and judicial systems of Iran in the past, in this article, which is a research in the field of legal history, We will address the issue. Because eliminating any shortcomings in these areas, like other specialized areas, requires the use of past experience, and achieving this goal will not be possible except by examining and studying the historical background of the subject.

The importance and status of criminal law is such that the fundamental values and moral realities of any society and country can be considered, so much so that if one wants to live anywhere in the world, one must learn the norms protected in the criminal law of that land. Take it and take a step in that direction. Criminal law around the world is based on principles and rules that protect human rights. The method of drafting and legislating criminal laws has its own sensitivities and methods. The legislator of criminal law should be aware of the importance and high status of his work and try his best to pass the criminal law without any objections and problems in writing and criminalizing the law, and its implementation should be clear and unambiguous for law enforcement officials.

Since its inception, the United Nations has witnessed many developments. The United Nations in general, and the Security Council and the General Assembly in particular, have taken numerous and varied steps to maintain international peace and security. The Security Council, through its mechanism under the Charter of the United Nations, may, in the event of a threat to international peace and security, act in accordance with the provisions of the Charter of the United Nations and impose sanctions on the offending State. The aim of the present study is to investigate the factors affecting the inefficiency of the Security Council in maintaining international peace and security and to provide solutions in this regard. One of the main reasons for the inefficiency of the Security Council in maintaining international peace and security is the weakness in the mechanisms of monitoring the decisions of the Security Council by the United Nations.According to the research results, among the solutions to solve this problem are the necessary cooperation and coordination of the Security Council with other parts of the United Nations, continuous monitoring of UN Security Council decisions and actions, special attention of the Security Council to armed conflicts and resolving conflicts between Mentioned hostile countries, etc.The present research method is descriptive-analytical.

Securities regulators around the world are examining the extent to which digital currency activities and platforms are within the scope of their jurisdiction. Most regulators take the position that the extent of their oversight authority is entirely dependent on the actual functional activities of the digital currency system operations. In some jurisdictions, digital currency operations deemed to be electronic services or financial product offerings are subject to oversight. Key participants in the virtual currency community, such as Overstock.com and LedgerX, are increasingly taking the position that they will pursue full compliance with existing regulatory requirements to the extent that their digital currency operations fall within the scope of existing regulation. This approach is prudent and likely to facilitate growth of the virtual currency market. The approach does, however, require extensive legal compliance activity.