نشریه دولت و حقوق
سال چهارم شماره 3 (پیاپی 13، پاییز 1402)

On January 23, the Council of the European Union approved the executive regulation proposed by the Commission of the Union and the High Representative of the Union regarding the imposition of restrictions on several Iranian entities and individuals and stipulated that it is applicable in all member states. In this document, several persons and institutions, including the Promotion of Virtue and the Prevention of Vice headquarters and its secretary, are sanctioned. In this descriptive-analytical note, we are looking for an answer to the question whether this sanction has a justified legal basis. If any loss or damage is caused by this sanction to the headquarters or its secretary or to the people of Iran, what mechanism is there to compensate it? In addition to the indirect attack of this document on the fundamental rights of the Iranian people under the pretext of protecting the people and the ability to demand compensation for the damages caused by this decision of the European Union due to the violation of some international and European human rights documents, considering the gross errors in Regarding the executive position and performance of the headquarters secretary, the legal nature of the headquarters, the legal duties and performance of the headquarters in the past two years, and the great similarity of the literature contained in that document with the literature of the media flow of the rebels and subversives, it seems that the writing of this document It has been entrusted to the agents of the aforementioned organizations, especially the terrorists of the Mojahedin Khalq. This decision, which cannot be unrelated to Europe's adherence to America's policies against Iran, has been approved with gross error by an institution that claims to dominate the rights and decide the fate of other nations.

The advancement of technology and the emergence of new types of it in the current era have forced governments to adopt different approaches. These approaches are chosen based on the regulatory and legislative system of each country on the one hand and on the other hand the economic and political conditions and requirements of each period and each technology. The approach of countries may change over time. Cryptocurrencies are one of the things whose regulation has become an issue for governments in the last decade. In their way of dealing with this issue, governments range from complete prohibition to complete freedom. Most of the challenges that governments face in facing such issues are common or similar. The first challenge that governments have faced in the field of cryptocurrencies and which causes them to choose a specific approach towards cryptocurrencies is how to identify their nature. In addition to considering the internal and governmental structure of the country, the countries also involve their analysis of the nature of cryptocurrencies in determining the regulatory authority for cryptocurrencies. This research has investigated the relationship between these two issues by examining the approach of countries to the two issues of the nature of cryptocurrencies and determining the regulatory body of cryptocurrencies. The result of this research shows that the majority of countries consider cryptocurrencies as a type of asset and consider them close and similar to securities and other financial instruments. In the selection of the regulatory body, most governments have not recognized the need to establish a new authority for the regulation of cryptocurrencies, and they have chosen their own authority for regulating securities and other financial instruments among the existing bodies.

In recent decades, terrorist acts have received the special attention of international organizations and member states, and by accepting a series of international and even regional conventions in the second half of the 20th century, they reacted to specific types of terrorist acts and the commitment of governments. This phenomenon, according to the current conditions of the international community, while creating increasing development in the realm of sovereignty, governments as an organized crime, seek to cooperate and actively participate with each other at the regional and international levels. The existence of this terrible phenomenon has provided extensive legal developments for the approval of action regulations at the national and international levels; Because the governments, facing such a situation, tried to set regulations at the national level, and with comprehensive cooperation, they have taken the initiative to compile and establish several documents in this field. Strengthening solidarity and cohesion in the international system in the face of terrorist acts, as well as the commitment to confront them in the process of observing human rights rules, emphasizing the pursuit of non-state actors in this field, are among the most important perspectives of cooperation between governments. Therefore, it is undeniable to adopt principled mechanisms and use maximum cooperation among governments and organizations at the regional and international levels in the face of terrorist acts. Of course, the continuation and development of such a mechanism will be possible in the form of drafting, approving and correct implementation of regulations. Therefore, the goal of such a situation is the maximal confrontation of governments with terrorist actions to guarantee and promote international security and peace.

Since the most important factor in the development of any country is the administrative system of that country and the experts in this field have their own perceptions about how it works, good governance is one of the concepts that has recently been raised in the world arena and has governments on it. So that by relying on this concept and presenting its characteristics in their country, they can find a strong position for themselves among the citizens. Certainly, Iran is one of the countries that is trying to establish good governance and a favorable administrative system, but it has always faced challenges in this field. Governance is one of the very important and at the same time new topics that has been discussed in development literature since the 1980s. has been raised This issue has been given a special place especially in the developing countries in order to establish and institutionalize the civil society in the policies related to the granting of aid. It should be noted that today, governance is considered a successful model for the public affairs of governments. and plays a role in societies. This model has indicators such as accountability, rule of law, transparency and participation, etc. In recent years, governance has become an important issue in public and public sector management, and this issue is due to the important role that governance plays in determining community health. The governance model with the features of accountability, transparency and the right to comment will lead to the formation of an efficient and transparent government. The transparent, efficient and correct government is based on meritocracy and simple and clear rules and regulations.

Article 91 of the students' Disciplinary Manual of Style (approved in 2022 by the Ministry of Science, Research and Technology and the Ministry of Health, Treatment and Medical Education) stipulates: 'After issuing the First instance’s judgment and before issuing the appeal sentence, if new documents and evidence are received regarding the current violation, the appeals committee can aggravate the conviction stated in the First instance’s judgment.' This provision is criticized from two aspects: one is the possibility of aggravating the First instance’s judgment in itself, and the other (according to its apparent absoluteness) is the possibility of intensifying the punishment, without providing the "opportunity" and "possibility" of defense for the student. In this article, the author, while explaining the mentioned criticisms, examined the possible solutions in the current situation and came to the conclusion that the first objection requires modification of the Disciplinary Manual of Style by the approvers, and the second objection is to a large extent modified in the light of other definitive principles of criminal procedure and some of the articles of the Disciplinary Manual of Style itself.

Preventing behaviors that cause desecration of religion has been concerned of Shia jurists. Based on this, it can be seen that in some cases, the jurists have made the prohibition of defamation of religion a document of the sanctity of some acts of the obligees. This article, with a descriptive-analytical method, seeks to explain the position, foundations and effects of the rule of sanctity and desecration of religion in the Islamic government. After explaining the concept of blasphemy, he explains the foundations and rational and narrative documentation and the position of the mentioned rule, and finally, it will lead to the conclusion that it is possible to invoke this rule, in the field of obligations and prohibitions, only by observing the rules of the titles (rules) secondary, in a limited, temporary manner, according to the recognition of custom and with the decree of the Islamic ruler, it will be possible, and in this case, the Islamic government will be obliged to remove the obstacles to the implementation of Sharia in the society.