نشریه حقوق بشر و شهروندی
سال ششم شماره 2 (پیاپی 12، پاییز و زمستان 1400)

One of the purposes of law is to adapt to the emergence of new issues. In this paper, the impact of rights from the coronary heart disease is examined. In a situation where the damage caused by the corona is not the fault of a particular person and apparently no one can be held responsible, it is important to find a way to compensate.  It is possible that the pillars of civil liability and the Iranian civil liability laws based on fault and the three pillars of that particular person are not responsible for compensating for the damages caused by this disease. In order to compensate the loss by the government for the benefit of the citizens, in the present article, in a library method, in Iranian law, including the subject laws, theories are accepted and a brief look at jurisprudence, the civil liability of the government against Corona is examined. First to report the prevalence and origin of coronary heart disease, then to the concept of government and then to the analysis of civil liability in Iranian law and new theories of civil liability in which fault has been eliminated or assumed, such as risk theory, theory of equality of citizens in tolerance, theory Guarantee of right, the theory of the insurer state, the theory of the welfare state has been studied, which has been selected by analyzing the pillars of civil liability in Iran, a combination of several theories to force the government to compensate.

With the outbreak of the Corona virus, accompanied by the closure of micro and macro economic units and the infliction of serious damage to various segments and businesses of the people, the government will have difficulty in obtaining credit from the tax sources of its budget. So, there are important questions in this regard, including whether there is a way out of this damage by using legal capacity in tax laws? Or what solutions have the Supreme Tax Council and the National Corona Headquarters, as the responsible upstream institutions, offered to overcome this situation? And is it possible to use the approach of the Alawite government as a model of Islamic governance in the face of such problems? In this article, by using descriptive-analytical method to study and model the Islamic government during the caliphate of Imam Ali (as) as an indicator and also by referring to the law of direct taxes as a strategic document of the country, tax aids in critical situations and review it in order to achieve an effective approach to get out of the problems. And by suggesting solutions such as using the capacities contained in Articles 165 and 167 of the Law on Direct Taxes, it helped to get out of this situation and reduce the economic pressure on the nation.

In emergencies, governments use all available capacities to get through the crisis. As emergencies caused by the coronavirus outbreak prevailed in most countries, governments tried to use the armed forces' capacity to fight the virus. In peacetime, the armed forces are of interest to governments in passing through a state of emergency due to their ability to use force. For the entry of the armed forces in civilian matters, there are certain rules and regulations in countries to prevent abuse of power, and this entry must be subject to the rules. In Iran, armed forces arrived to deal with the crisis caused by the coronavirus outbreak. Therefore, the question arises as to what are the dimensions of the presence of military forces in emergencies in Iran? In order to answer this question, iran's rights resources were investigated using descriptive-analytical method. In the wake of the coronavirus outbreak, the country is in a state of emergency, and while the government is obliged to use the military force's ability to get through the crisis, there are rules for the entry of the armed forces, which have been discussed and the experiences of other countries in this area.

With the creation of the Corona crisis (Covid-19), many of the legal systems of the countries regulated matters with necessity and urgency, and the system that was used to deal with this crisis - like other crises - State of Emergency, Which has characteristics such as: being exceptional, being necessary and granting ordinary extra-legal powers. Meanwhile, the experience of some countries in having a legal and partial structure in this field, including the position of creator and terminator of this exceptional system, the conditions of creation and the effects of measures taken during its establishment, can be for our country in this field. The law does not have a specific subject to be useful. In this case, due to the lived experience of Lebanon and Egypt, as well as differences in the type of emergency system, these two countries were selected for study. The present study, through a descriptive-analytical study using library resources, seeks to study the emergency situation caused by the Corona crisis in Lebanon and Egypt and to answer the question that the emergency situation caused by the corona What are the requirements in these countries (creating and terminating authorities, conditions and causes of creation, restrictions) and can the style of the countries in question be applied in the Iranian legal system? Finally, after an analytical study of the state of emergency in these countries - under the review of rules and regulations such as the "Civil Aviation Law" or the "Civil Defense Law" - the present study thus provides a solution to the state of emergency in the Iranian legal system. Due to the lack of legislation in this field - despite the existence of Article (79) of the Constitution of the Islamic Republic of Iran in this regard - such a structural necessity is felt.

In times of crisis in different countries, restrictions are imposed to control the crisis so that the government can control the situation in an organized manner; Especially if the crisis is an epidemic. The outbreak of the coronavirus as a global crisis has prompted all countries to try to control the situation by declaring a state of emergency and forming a crisis committee. In line with the declaration of the state of emergency in Qatar, the High Committee for Crisis Management was formed and in accordance with the laws, including Law No. (2) of 2012 entitled "Law on the Establishment of the National Committee for Biosafety", Law No. (17) of 1990 entitled "Law "Counter-communicable diseases", Law No. (13) of 1997 entitled "Law on Stages and Regulations of Emergency Situations" and other laws, regulations and regulations for the control of corona were adopted and promulgated, and thus instead of Iran Suffice it to say, a special legal system was set up. So the question is, "What emergency legal system has Qatar established to control and manage coronary heart disease?" Due to the successful measures of Qatar in controlling the mortality rate due to coronary heart disease and the fact that the legislative system of Qatar has a more appropriate infrastructure compared to Iran, this comparative study is a normative and descriptive-analytical method.