نشریه دیدگاه های حقوق قضایی
پیاپی 103 (پاییز 1402)

The principle of prevention as a golden rule in environmental law and its observance brings many benefits in terms of ecological and economic aspects, because the occurrence of environmental damage in many cases is irreparable, and in case it is compensable, it requires spending a long time and money. based on this, the author, using the descriptive-analytical method and using library resources, seeks to find an answer to the question that basically, what is the position of the principle of prevention in Iran's environmental regulations and whether according to Current environmental regulations in Iran, can the existing laws be used in order to apply the principle of prevention? It seems that the application and implementation of the principle of prevention through the establishment of some prohibitions and restrictions and the establishment of requirements such as compliance with environmental standards, evaluation of environmental effects, obtaining permits and also predicting tariffs are appropriate legal mechanisms that are in the laws The interior of countries, including Iran, is considered to prevent environmental damage.In addition to this, legislators should pay more attention to the benefits derived from this principle in order to properly implement it to other environmental principles, such as: the precautionary principle, the procedure for evaluating environmental effects, and the polluter-pays principle. to provide a suitable guarantee for the implementation of the principle of prevention. Therefore, by delving into Iran's environmental laws, we can find mechanisms that directly and indirectly indicate the emergence and formation of the principle of prevention in Iran's environmental regulations.

One of the problems of the letters of endowment which have not been drawn up thoroughly is the conflict arising from the intention of the endower in respect of selling the subject of endowed property while it is endowed. In the case investigated here, the endower endows some plots of his properties at the beginning of the letter of endowment, and in the ensuing content of the letter he expresses his intention of the endowment as having some of the mentioned plots sold and a hospital be constructed within the remaining parts with the acquired money. On the one hand, it is impossible to sell the endowed plots according to the jurisprudence and regulations, and on the other side, if there is a will to fulfill the intention of the endower, the laws are to be disregarded and the plots must be sold in order to perform the intention of the endower. This article is going to contrast and analyze the conflict arisen from this case with an explanatory and analytical method from the vantage point of law and jurisprudence, and to suggest the necessary solutions for the resolution of the conflict. One of the suggested outcomes of the research is to invest other endowed properties of the endower or other people in this endowed property and solve the problem through bringing capital from an endowed property to another one and through their conglomeration of interests. Also, making inquiry from the esteemed Marja's and drawing upon the concept of endowing the interests accrued to the property could be other solutions for this case..

Evolutions of Iran's criminal system in relation to the deprivation of freedom of financial convicts has been caused by the country's legislative system focusing on jurisprudential institutions such as essar and malate; But these developments in the English penal system are rooted in the increase in the scope of imprisonment and the development of the prison system in England in the 18th century. A comparative study in the field of deprivation of liberty due to financial convictions in two different criminal systems such as Iran and Englan identifies the weaknesses and strengths, approaches, advances and flexibility of the criminal justice system in each country in the same issue. Therefore, while analyzing the evolution and development of the regulations resulting in the deprivation of liberty of financial convicts in Iran and England, it is possible to reach the important point that in the global developments of law in recent years, what facilities are used as alternatives to deprivation of liberty for financial convicts in criminal policy of Iran and England are defined. Regarding the payment of the debt to the private claimant, Iran's criminal policy does not have an independent tool at its disposal, and it is inevitable to refer to the generality of the rules of forfeiture. However, in English law after the 19th century, a mechanism has been recognized in which the debtor, during the deprivation of freedom, engages in activities for several months, outside of prison, in order to serve the creditor and pay the debt.

Crime prevention is the first step towards achieving criminal justice. combat against crime will be possible through both situational and social prevention, and often situational prevention is more successful due to its speed in result. Situational prevention are measures that reduces opportunities and increases the risk of crime by creating a systematic and permanent change in the environment. Today, the most important criminal economic cases in Afghanistan are related to crimes which committed through banks. This has increased the necessity of situational prevention of banking crimes. The present study tries to explain the prevention of banking crimes according to Clark's four techniques, and through this, offers solutions to reduce the opportunities and increase the risks of committing banking crimes. In the first technique (increasing effort to commit a crime), can be achieved by tightening the target of crimes such as transparency and the establishment of national banking systems and control of crime facilitators such as periodic relocation Banking staff and strengthening e-banking prevented banking crimes. In the second technique (increasing the risks of crime), it is possible to prevent banking crimes by creating a comprehensive supervisory system, monitoring and identifying bank employees and appointing a manager to combat banking crimes. In the third technique (reduction of benefits and proceeds from crime), can reduce the attractiveness of crime and deprive of interest, and in the fourth technique (elimination of excuses) through legislation, awareness and facilitate the implementation of laws prevent from banking crimes.

Self-help sales take as a guarantee of Breach of Contract without going to court. This institution based on the legal functionalism of and the psychological view to law of contract, so that by reducing the cost and time of compensating the victim and monitoring based on exchange, apply effective enforcement. If the self-help institution is accepted, we can consider it among the authorities and not the functions of the actor, unless in the cases that explicitly foreseen by the legislator. This article is an effort with the aim of removing the ambiguity of the nature of self-help sales, examining the scope and functions of its use in contractual relations and finally determining the position of this subject in Iran's legal system. The result was that according to the existing regulations and the basis of self-help sales, and with the rejection of the opinion that supports the application of the self-help system in all cases, this entitycan be applied only in movable property and specified cases and cases that have been agreed upon. In iranian law, the closest subject to selling self-help is the theory of representation. One of the most important functions of the self-help subject is harm reduction and economic analysis of rights.  The results of the mentioned studies and researches in Iran's legal system have been examined and analyzed and it has been shown that due to the existence of the aforementioned benefits and the acceptance of this subject in the case law, the legislator should formulate regulations in order to determine its territory and position.

Dealing with lawsuits and its stages is the most important and sensetive work of the judiciary, which is finally done by the courts issuing a verdict.From the very beginning of the lawsuit, the judiciary charges a fee for issuing decisions issued by the courts, which is known as "cost of proceedings", and in all procedures and its various stages, special attention is paid to them by placing strong enforcement guarantees.As can be seen from this title, the court needs to receive this fee in order to issue a verdict.In other words, until this fee is paid by the claimant, the case will not enter the trial process. In Islamic law, there has been a difference of opinion about the legitimacy of charging legal fees, and a group considered it absolutely permissible, and some considered it absolutely not permissible, and a group proposed separate rulings with a detailed plan on the issue. In this article, which is organized in a descriptive-analytical way, while carefully examining the evidence of all viewpoints surrounding this issue, by obtaining the SAHIHE Hadith from "Ammar bin Marwan", the illegitimacy of the legal fees based on it was proven.

The prosecutor's office according to the criteria of the" investigative procedure" In which preliminary research is secret and written and non-profit, Is responsible for gathering the evidence of the crime and completing the case and defending the interests of society. In addition, the prosecutor's office as a party to the public lawsuit, also has duties in relation to the observance of the fundamental rights and citizenship rights of the plaintiff and the accused and witnesses and  informed persons. The necessity of respecting the fundamental and citizenship rights of the accused requires determining the enforcement guarantee to prevent their violation. Something that has not been considered in the background of citizenship rights researchs. The main question is what guarantees are provided for the observance of the fundamental and citizenship rights of the accused, based on human rights standards in the constitutional and ordinary laws? This issue has been studied by descriptive theoretical and legal analysis in this article, and four types of sanctions have been identified for it. Sanctions provided in the Iranian judicial system for the protection and observance of the fundamental and citizenship rights of the accused by the judicial authorities and judicial officers are as follows: invalidity of decisions and actions that violate the fundamental and citizenship rights of the accused, the disciplinary actions supervising the restrictions and professional deprivations of the investigating authorities, Punishment for illegal actions and decisions that violate the defence and citizenship rights of the accused and civil liability for compensation to the accused, which are categorized and examined in separate headings in this article.

Unauthorized acquisition of military computer data causes acquisitive to use them for cyberattacks on military infrastructures, which in practice may destroy vital military systems such as offensive systems. And the defense will come. The legislator in paragraph (a) of Article 731 of the Islamic Penal Code has only provided for the acquisition of secret data in general, and there is no explicity about criminal title "unauthorized acquisition of computer data" in Article 131 of the Criminal Code of the Armed Forces. The importance and sensitivity of military computer data requires appropriate measures to be established both in the field of criminalization and punishment. In this research, how is Iran's criminal policy regarding the unauthorized acquisition of military computer data and whether there is a significant gap and deficiency in this regard or if there are other laws, such a defect or gap will be ruled out. It will be paid. The present study, while examining the relevant articles in the Criminal Law of the Armed Forces and the Law of Computer Crimes, using a descriptive-analytical method and based on library sources, concludes that Iran's criminal policy regarding the unauthorized acquisition of military computer data Both classified and unclassified by military and civilian persons, they did not enjoy the principle of deterrence and the principle of proportionality of crime and punishment, in this regard, there is a need for amendment and legal gaps that require the provision of measures that are appropriate to the importance of the data. There are military computers that have been presented in this direction.