نشریه تحقیقات نوین میان رشته ای حقوق
سال سوم شماره 4 (پیاپی 11، زمستان 1402)

FIDIC published a model contract called engineering, procurement and construction contract for infrastructure and construction industry in a silver book, which, unlike traditional contracts, includes general obligations and full responsibility for design, supply of work materials and the construction is the responsibility of the contractor and the owner has accepted the obligation to pay the contract price based on the agreement to get rid of those issues. In this way, there are contracts in the Iranian and international legal system that, due to their similarity, the need to analyze and compare them with EPC contracts is felt. This article is written with an analytical, descriptive and library method; looking at the mentioned contract in Iranian law, relying on FIDIC document, and finally comes to the conclusion that this contract, having an independent nature, has certain obligations for the contractor.

Increasing the use of marine areas and international waterways in the extraction, production and transportation of oil has led to serious concerns regarding the application of preventive legalenvironmental mechanisms to preserve and maintain the marine environment. In this regard, so far, the international responsibility regarding the environment and possible damage to it has only been towards the commitment of the governments, and this is while the exploitation of the sea and its environment is actually done by multinational companies. Based on this, in this research, which is organized in a descriptive-analytical method, the main question is whether it is possible to transfer responsibility from governments to multinational companies. And how can the "polluter pays" principle help to strengthen the environmental responsibility of multinational companies in the oil industry? In this regard, it was found that the governments have been able to block the financial accounts of companies accused of marine environmental damage through the mechanisms available in the National Treasury Department, and as a result, they have made it possible to apply the principle of paying the polluter in compensation and provide environmental protection in the oil industry.

Despite the harmful consequences of using illegal performance-enhancing drugs in health, today the use of these drugs by athletes is very widespread. However, the use of these drugs in Iran, unlike many countries, is not considered a criminal behavior in the criminal laws, so that the fear of punishment prevents athletes from using these drugs. The purpose of this research is to investigate the effect of reactive prevention on the prevention of the use of performance-enhancing drugs by athletes. For this purpose, the present research investigated the feasibility of reactive prevention of the use of illegal performance-enhancing drugs by examining the basics and challenges of criminalization. The results of the research showed that reactive prevention is compatible with legitimate principles such as the principle of harm and legal paternalism; but due to the existence of practical challenges and theoretical challenges in criminalizing, the use of performance-enhancing drugs, such an action is not able to provide the basic goal of establishing a law (criminalization) which is a desirable and effective implementation. On the other hand, considering that nowadays in most countries, the main emphasis in fighting against the use of performance-enhancing drugs is on growth-oriented and community-oriented prevention, therefore, reactive (criminal) prevention cannot be a desirable preventive solution.

The health of prisoners is the concern of the legal systems of different countries around the world, and in this regard, most of the countries have dedicated articles to the health of prisoners in their domestic laws. The issue of health becomes doubly important when it comes to prisoners. The reason for this importance goes back to the elements of the right to health in addition to the discussed location. In most countries, existing standards regarding the status of prisoners' rights; are low and in some cases terrifying. In the international dimension of prisoners' health, it has been emphasized both in general international documents and in specific international documents. The purpose of the current research is a comparative study of "enhancement of prisoners' right to health in Iran's internal laws and international documents"; the data collection was done by the method of note-taking and reference to library resources. The main question of the research is, what challenges are there in the laws in the way of improving the health of prisoners? And what are the differences and similarities between Iran's domestic laws and international documents?

The supervision of criminals and the way of classifying prisoners are among the challenging categories in the criminal policy of the Iranian penal system, which by entering the legal literature and also being affected by the modern perspectives of criminology, a new approach is proposed. This question is raised as to how Iran’s criminal policy has been in the implementation of prison sentences and the classification of prisoners and how it is evaluated according to the regulations of the judiciary. In this regard, in line with the policy of prisons and the classification of prisoners, the judiciary has developed different guidelines and regulations, and the legislator has taken steps in this way by approving the regulations on the segregation and classification of prisoners. He has been involved in the supervision of criminals. These supervisions are applied with the aim of protecting the society against the crimes of dangerous criminals and can become the basis for legal challenges. Criminologists believe that if the classification of prisoners is based on the theory of rehabilitation, it can provide prison security by reducing violence, and through the access of prisoners to rehabilitation programs, it can achieve the refinement of criminals and solve the challenge of the inflation of the criminal population. The issue of separating and classifying prisoners from a conceptual point of view, due to the lack of clear boundaries with similar concepts; In terms of definition, due to the lack of legal standards and examples, the crime faces many shortcomings from a legal and executive point of view. In this research, while explaining the legal and legal challenges, the pathology of segregation and classification of prisoners is considered.

The sexual revolution is a kind of social movement that has challenged the traditional Western system and has been going on in Europe and American countries, which has had different supports in practice. Unfortunately, in recent decades, this issue has continued with ups and downs, and many of the changes resulting from that period have prevailed today in the whole world. This writing is done by using the descriptive, analytical research method and collecting information using books, articles and internet sites, and it tries to provide strategies based on control and prevention of sexual revolution by examining and explaining it. This revolution will take the second step of the revolution by using the principles of the statement. The results of the research indicate that the sexual revolution was the most destructive social movement in the history of mankind, which was interpreted as sexual freedom. This revolution will cause damages such as paraphilias, free association, coexistence and otherness. According to the statement of the second step of the revolution, the most important strategy to deal with the sexual revolution can be considered to be the establishment of a new Islamic civilization, networking, creating a discourse, explaining jihad and deepening spirituality.