نشریه تعالی حقوق
سال چهاردهم شماره 3 (پاییز 1402)

One of the significant changes in the Compulsory Insurance Acts 2008 and 2016 compared to the former laws (1968) was the omission of the limit in the maximum blood money payment by the Bodily Indemnity Injury Fund. According to Act 1968, payment of blood money by the fund has a maximum obligation, and accordingly, if a person was injured in a driving accident and died in recent years, the amount of money payable to the avenger of blood was up to the maximum obligation of the fund in the accident year, not the full blood money. This issue became more complex when in recent years some cases were brought to the judiciary in which the date of occurrence of the accident was before 2008 but the date of investigation of the case and issuance of the verdict was at present. The main question is that the law ruling these accidents is the past law or the present one? In other words, how much is the obligation of the Bodily Indemnity Injury Fund for the unclaimed blood money for the accidents that occurred before the enactment of Act 2008? Besides, how the conflict between the rule of blood money payment at the day rate and observance of the maximum obligations of the fund can be solved? There are different views for answering these questions and each one has some justifications for proving themselves. In this article, these views and acceptance of the optional view are expressed and some suggestions will be offered for solving the conflict.

The moral concept of criminal responsibility, which is one of the basic achievements of criminal law, has changed again with the advent of the industrial revolution in the Western world, including the United Kingdom, and the emergence of new crimes resulting from industrial and machine life. Part of the material element was not recognized as a condition for fulfilling the criminal responsibility of the accused. This new approach, known as absolute criminal liability, was initially applied to disciplinary offenses with light and financial penalties and had the aspect of compensation. After several decades, more serious crimes in the field of health, production, distribution and consumption of food and beverages, customs affairs and even the seizure of drugs and narcotics and psychedelics in this country were affected and many votes were issued based on this doctrine. However, such an approach, which was not to the taste of criminal law from the beginning, was not in line with the characteristics of the Iranian penal system and the criminal laws and regulations governing our country's drug crimes, which have full severity and strictness, as well as lack of clear text. And the evidence that the legislature intends to criminalize such behavior based on the doctrine of absolute responsibility, can not be considered drug crimes in Iran in this category of crimes.

Undoubtedly, one of the most important right enjoyed by human beings, including men, is the right to be free and has autonomy to decide on the right time to have children and the appropriate number of children, but sometimes this right is violated as a result of medical errors and leading to loss of opportunity to have children or on the contrary, lead to become an involuntary fatherhood. In such cases, proving the damage is the most important challenge to compensate, because loss of sperms removed from men's body or using the stored sperms against their will, does not exactly match to the traditional divisions of damages in civil responsibly law. On one hand, this damage cannot be considered a kind of physical damage, because sperm removed from the body cannot be called a body, and no physical injury has been sustained to the body, and on the other hand, it cannot be considered as an example of financial damages. This is because the parts of body do not have the nature of property and the rules governing the property relationship with objects cannot be applied to human body’s parts. This research attempts to address this challenge with a descriptive and analytical approach. Findings of this research show that, because of male sterilization and abortion are not accepted as a legal right in the Iranian legal system, so claims in the field of prevention of fertility, that are acceptable in other legal systems, cannot be claimed in Iranian legal system. However, in the case of errors in the field of infertility treatment, the violation of a men's reproductive autonomy can be compensated as a kind of moral damage, relying on Article 1 of Civil Responsibility Act, which has accepted damage to individual freedom as a compensable damage.

Establishing judicial security and guaranteeing civil rights depends on recognizing the criminal phenomenon and providing good and practical methods to control and reduce the effects of crime, so in a favorable legal system, prevention of crime is always important compared to criminal proceedings after its occurrence. It is higher, and of course, the greater the importance and effects of a crime, the greater the importance of preventing that crime. Today, crimes against Public properties( Anfal) ) are among the major problems of the country's criminal policy, which in practice has caused the inflation of cases in the country's courts. On the one hand, studies show that crimes against Public properties( Anfal) are more likely to occur on unregistered properties, and on the other hand, the current state of registration of national lands and state properties is not favorable and a cadastral plan has been implemented for a limited number of state properties. There is also no comprehensive real estate bank in this regard, and this has led to serious problems in curbing all methods of these crimes, so in order to tackle the Public properties( Anfal) ) -related crimes in the first place, government ownership must be established. Appeared. The cadastral plan with the ability to map privately owned lands and properties, stabilize the country's natural resources and also measure endowed lands, plays an important role in preventing crimes against Public properties( Anfal) , because the extraction of such information leads to better management of the country's economy. And optimization in planning, macro policies, management and better monitoring of the country's real estate. Accordingly, and with regard to practical experience, the present article deals with the preventive functions of the cadastral plan in crimes against Public properties( Anfal)

One of the most important areas of government policy-making is the field of health, which will enable the realization of the right to health by governments by establishing economic stability in the shadow of peace and democracy. Laying the groundwork for achieving the desired health of all citizens is one of the main goals of governments, which is reflected in the increase in per capita income. The purpose of this study is to identify the barriers, constraints and economic challenges to the right to health in Iran and the international system.In this research, descriptive-analytical method and using library resources to explain the economic barriers and limitations of the right to health in Iran and the international system.The results indicate that the lack of economic justice due to unfair distribution of wealth, poor identification of the masses with different economic status, undesirable share of people in health expenditures, limited access to low-income and poor Iranian society to health services, limited facilities The custodian of supportive affairs regarding health services is one of the most important obstacles and economic challenges facing the country's health system.The position of the society on the path of growth and development is due to public order, and this cohesion and order is manifested by providing the necessary and sufficient grounds and infrastructure through fundamental changes and transformations in various fields. Due to the shortcomings in the health service system. The country, the reform of macro policies and correct policies in the field of health, is necessary to improve the health of all citizens.

This study is aimed at examining the civil liability of natural and legal persons for environmental pollution and damages in Iranian law and in line with the Lugano Convention. Considers the victims of the dangerous effects of pollution and environmental damage and the obligation to compensate in the light of environmental civil liability. This research answers the question of whether private individuals can have environmental claims and lawsuits according to the legal framework. On the one hand, this issue is considered in domestic law, and on the other hand, the Lugano Convention, due to its systematic structure as the guiding principles of compensation through private litigation in its fourth chapter, "Action for Compensation and Other Claims." Considers and facilitates the process of action by private stakeholders regarding environmental damage. Among the findings of this study is a special view on the right to environmental complaint by a private plaintiff and a human rights view on it, expansion and development in achieving the realization of the principle of environmental litigation and also the approach of jurisdiction and environmental damage.

Alongside with human progress after industrial revolution aiming at welfare of modern human, uncontrollable and irrecoverable destruction of the environment is observed. This increasing deterioration is more manifested in Mazandaran Province due to special geographical condition of it. Undoubtedly, outstanding manifestation of human threat to the environment can be observed in form of environmental crimes. Accordingly, through environmental support made by legal systems in the countries within framework of adopting an integrated criminal policy with appropriate administrative mandate combined with execution of ecotourism regulation, Can be considered as one of the measures less paved for environmental destruction. Based on such platform, explaining indicators of desirable and appropriate criminal policy as well as guiding principles of sentencing can be of direct effect on judicial decision making and change of attitude of judicial authorities towards crimes in this field through data obtained from field studies. In this respect, in present quantitative applied research from methodological perspective which is a descriptive survey as far as its objective is concerned and after studying views provided in terms of criminology; a sample size of of 385 persons over 18 years old have been studied in the province, to the aim of explaining the model for criminal policy making indicators regarding environmental crimes in Mazandaran Province. The results of the analysis of statistical data indicate that the criminological views presented in this article Including the theory of social control, the theory of deterrence of punishments, Approach to white-collar criminals, the theory of neutralization techniques as well as the restorative justice approach, it has the potential to serve as a model for criminal policy in the form of a combination of criminal approaches as well as protective and preventive approaches To be considered in the field of environment.

With the increase in the processing of personal data on the one hand and the value of this data on the other hand, the need for legal protection of the information privacy and personal data is felt more. Such protection is enshrined in the European Union General Data Protection Regulation (GDPR). According to this regulation, the data subjects have different rights. In contrast, controllers and processors are required to perform a variety of tasks. The European regulation also specifies various other aspects in order to fully protect personal data. Irrespective of the protectionist approach of this regulation, according to the GDPR wording, the right to personal data is not absolute and in contrast to other rights and purposes such as fundamental rights and freedoms, the right to freedom of expression and information and processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes may be limited. In this study, by explaining these rights and purposes under the heading of different aspects of restricting personal data protection, it became clear how the rights of data subjects in the European Union are restricted. Then the existence of this issue in the Iranian legal system was considered. In this regard, it was found that the various aspects of the restriction on the protection of personal data, based on various articles of Iranian law, the principles of Iranian law, especially Imami jurisprudence in general can be applied; However, a detailed explanation and clarification of the details of the factors restricting the protection of the rights of the data subject is subject to the clarification of the legislator.

Regulation is one of the strategic tools of the executive branch in order to efficiently perform administrative duties, provide rules and regulate the administrative organization, which has become a source of emotion in the existing forms and contexts. This tool has complexities in specialized areas such as "mining regulation", because many components in mining regulation should be considered, and I consider it important to comply with the rules of good regulation is inevitable. In the Iranian legal system, mining regulation is done with the approval of the Supreme Council of Mines, which needs to be analyzed and reviewed on this council with the focus on good supply indicators, and in the latest proposal to increase the efficiency of votes and approvals of the said council

The legitimacy of polygamy or polygamy in Khamsa religions based on ijtihadi reasons - verses, hadiths, and the definitive tradition of the jurists - is a matter of consensus and agreement among jurists, but as a social phenomenon, one cannot ignore its pathology. In Islamic jurisprudence, "harmless and harmless" is accepted as a universal rule in all jurisprudence chapters. A rule based on which any harm in the enactment of laws and their implementation is ruled out. From this point of view, is it possible to use the capacity of the harmless rule in facing the harm caused by the remarriage of men that affects the women of a society? It seems that these damages are caused by the loophole in the laws that block the harm in the abuse of polygamy. Therefore, the answer to this question is based on accepting or not accepting the dignity of proof for the rule of harmlessness. For this purpose, we have tried to evaluate the feasibility of citing the Harmful Rule in the issue of polygamy by examining the interpretations and cases of use of this rule by the jurists of Khamsa schools. Finally, we have come to the conclusion that according to the acceptance of the evidential value of the harmless rule, it is possible to remedy the damages and losses caused by the void and silence of the law on the issue of polygamy by establishing appropriate regulations and laws.