نشریه تعالی حقوق
سال دوازدهم شماره 3 (پاییز 1400)

Modern registration is an evolved form of traditional registration and the product of the information technology revolution. Modern registration is the knowledge that registers documents and property with electronic devices such as electronic signatures, fingerprint scanners and intelligent registration systems to ensure property security and prevent From the occurrence of the crime, be against property. From the point of view of preventing crimes against property, applied preventive criminology also prevents the occurrence of crimes by studying scientific methods of prevention, because both the knowledge of electronic registration and preventive criminology use scientific tools and methods to control crime. And they have a common mission of crime prevention, so both knowledge are related in "method and purpose", so, it seems, the new record is a clear example of applied preventive criminology, which aims to prevent the situation of crime in the field Property is real estate and ownership.The purpose of this article is to explain the role of modern registration in crime prevention in both the legal systems of Iran and the UAE. The research findings, which have been done through a descriptive-analytical study of the laws and texts of the two countries' registration law, with a comparative view, prove that the new registration with digital measures and tools such as: biometrics, national smart card, electronic registries and cadastral system, reduces or In some cases, even the elimination of lawsuits and, finally, the prevention of crime in both the legal systems of Iran and the UAE.

A kind of taking of property done indirectly, gradually and during the time and finally deprives foreign investors of his ownership rights is called “creeping expropriation”. This kind of expropriation is formed by various actions of host states that none of them be an expropriation solely but their collective consequence is deprivation of owner from his ownership rights. So, this kind of expropriation could be predicted and verified hardly and consequently protection of foreign investors against it’s very different forms is realy chalengeable. This articles tries to consider the notion of creeping expropriation in arbitration case law and answering the question that what criteria and terms are be used by arbitration tribunals to diagnose creeping expropriation. And also it should be observed how can protect foreign investment against creeping expropriation. At the end we can see interantional arbitration case law has stablished specified criteria for recognition of creeping expropriation and simultainously international envestment law has various capacities and contexts in order to protect foreign investors against such expropriations.

The, Guardian Council in his procedure, has sometimes paid attention to moral values and Islamic criteria to examine the conformity of the approvals with constitution and Islamic criterion. Should the Guardian Council be sensitive to the moral provisions of the constitution or the moral precepts that have a firm religious basis. This study intends to show how the Guardian Council safeguards the ethical principles of the constitution and Islamic criteria. This study will be done through descriptive- analytical method and study of constitution, the opinions of the Guardian Council and legal books and documents. The research findings indicate that although guarantee of the moral principles is not explicitly predicted in the Constitution for the Council, its critical role in safeguarding the ethical values within the task recognized by the Constitution cannot be denied. Although the functioning of the Guardian Council in this regard is criticized in some cases; this body is the protector of rule of law as the guarantee of moral values and proper functioning of the pubic power in this regard. In addition, it plays the key role in preserving the morality and ethic. This is fulfilled through conforming the approvals of the parliament with religion and constitution, commenting on the public regulations and interpretation of the principles of constitution.

The end of the presidency, like other public office, is not only the expiration of the legal term of office, but in addition to the natural end of the term in terms of time, other voluntary factors such as "resignation" or coercion such as "death" must be mentioned. In these cases, the president loses the presidency for a temporary period, such as illness or permanent death, and temporarily assumes his responsibilities until a new president is appointed and elected. ‌girê. Certainly, these days of "death" are very important in the constitutional rights of countries due to the absence of the president. Therefore, and consequently of the mentioned issue, the main question of the article is what legal standards have the studied countries envisaged for the period of temporary succession of the President? In response to this question, the article uses a descriptive-analytical method to study the situation of "temporary succession" of the president in three countries: Iran, Egypt and Turkey. The main achievements of the research are that, firstly, the term "temporary succession" is an appropriate and more accurate term than "sponsorship". Thirdly, acknowledging that the creation of such a situation is exceptional and unlikely, it should be noted that in order to prevent the disorder of this period, it is necessary for the legal system to be precise and comprehensive. This is something that has been overlooked in some legal systems. Such a need is more concerned with reforming the legal order in terms of the unclear mechanism of succession and the existence of ambiguities in it, which will lead to challenges.

Most Islamic jurists believe that a father will not retaliate against his son in a deliberate crime. However, there is disagreement about the mother joining the father. Sunni jurists mainly believe that the mother cannot be retaliated like the father, a position that is also accepted in the penal regulations of the countries subject to Sunni jurisprudence. According to the famous Fatwa of Imami jurisprudence, the regulations of our country have specified the removal of retribution only against the father, and this issue has caused the legal doctrine of the mother to be subject to retribution..In the present study, the issue is examined with a descriptive analytical method and it is clear that the only valid document of the famous fatwa of the jurists is the general reasons for retribution, which in other cases, like the grandparents, have been left out for reasons that should apply to the mother in the first place; In particular, a parent who is not retaliated according to the hadiths is also referred to as a mother and also the hadiths do not say anything about the retaliation of the mother, and the companions did not even ask the infallibles about this issue. Evidence that exposes the mother's retaliation to suspicions that should be avoided. From a legal perspective, due to the lack of legal clarification, the mother can be excluded from retaliation based on the fatwa of the minority, especially the opinion of the leadership.

The Marmara ship situation, the subject of an attack by the Israel military on the ICC, referred to by the flag state has been rejected and archived by the ICC Prosecutor. This action of the prosecutor is in the light of the requirements set forth in Article 53 of the Statute, which must identify the rationale for the situation referred. If the prosecutor finds a reasonable basis, he/she will start an investigation, otherwise will file it. From this point of view, it is important to study the dimensions of the prosecutor’s approach in the judicial procedure regarding the condition of the Marmara ship. The research method in this paper is descriptive-analytical and critical. The main question of the research is what is the achievement of the judicial procedure based on the legal mechanism in forcing the prosecutor to reconsider the status of the Marmara ship referred by the flag state against the Israel regime? The findings show that the prosecutor's response to the situation referred by the flag state believes that there is no criterion for the severity of the crime, while the Comoros state believes that the Israeli military's attacks on the flag ship and its crew are enough severity that to be prosecuted in the ICC. Accordingly, the ICC’s judges found that the prosecutor's assessment of the lack of a reasonable basis was inconsistent with the circumstances of the situation. The prosecutor was asked to reconsider his previous decision. However, the judicial procedure has shown that the prosecutor obligation lacks a guarantee of performance and achievement and does not mean that a preliminary investigation into the criminal situation has been started. This implies the ineffectiveness of Article 53(3)(a) of the Statute and the referring State right to object for the prosecution of international crimes in the ICC.

Among the important issues in Islamic Law are unauthorized contracts. Considering the jurisprudence books both in Shia and Sunni theology; it is revealed that there are many detailed discussions and branches studied by Islamic jurists. Of these, the most fundamental issue is to identify the descriptive effect of the aforesaid contracts. Other discussions about unauthorized contracts are dependent on accepting the validity of unauthorized contracts. This article specifically seeks to find the answer to what the descriptive effect of the unauthorized contracts is in Shia and Sunni jurisprudence? This research shows that there is no consensus nor among Shia or Sunni jurists and generally some think the unauthorized contracts are valid and others disagree. Referring to the evidence of verdicts and critiques and evaluations of unauthorized contracts validness, it is understood that the reasons of this group despite of their great fame, are not able to establish the validity of unauthorized contracts and the opposite view weighs more.

In interpreting Article 126 of the Penal Code, jurists consider conditions necessary for the realization of assistance in a crime. Among these conditions is the necessity of committing the main crime and the necessity of the deputy's intention. The principles governing the subject in Imami jurisprudence are "the rule of sanctity of donation on sin", "ta'zir in all sins" and "ta'zir with us are the way of the ruler". The author's hypothesis is that the use of the conditions under discussion of these rules in the light of Sharia intentions is problematic; In such a way that paying attention to the intention of the Shari'a based on "the obligation to eliminate the matter of corruption" and "the obligation to maintain the system and prevent its disruption" does not reflect the condition of the mentioned cases in the truth of the title of deputy. In the present study, after mentioning the conditions for the realization of the vicegerent, the words of the jurists were quoted in the mentioned principles and the statements made in this regard were analyzed with the approach of Sharia intentions. The commission of a crime as a result of his deputy, in order to realize his deputy in the crime, was accepted and it became clear that the same can be deduced from the legislator; However, since its contradictory interpretation of the article is also possible, its amendment is proposed to the esteemed legislator.