جستجوی مقالات مرتبط با کلیدواژه "فساد" در نشریات گروه "فقه و حقوق"

Today, the necessity of controlling economic corruption in national resources and adopting an efficient criminal policy in the society is quite noticeable. According to the available statistics, national resource crimes are increasing quantitatively and qualitatively in the country. We are hearing news about the appropriation of agricultural lands, natural resources, mines, and other national resources.

The research method in this research is descriptive-analytical.

Ethical Considerations:

 All ethical principles have been observed in the writing stages of this research.

The results of research studies indicate that in the field of Iranian criminal law related to crimes of national resources, while appropriate criminalization has not been done and we are witnessing certain disadvantages and shortcomings, the punishments determined in terms of type and severity are not suitable for criminal deterrence. Therefore, due to the importance of protection and preservation of natural and national resources, the development of a differential judicial system is felt and it is necessary to include legal protections and the establishment of special proceedings. In addition, due to the special importance of these crimes and their destructive effects on the environment and society, and even their international dimension, special measures regarding temporary detention and precautionary time and other appointments should be taken into consideration, and it is suggested to establish offices and It should be used to have continuous and close communication with neighboring countries for cooperation and protection of natural and national resources.

In the current system, we need a differentiated procedure in the process of trial and execution, which speeds up the process of trial, investigation and prosecution, and the creation of special branches in this field is felt.

One of the most important goals of any economic system is to achieve sustainable economic growth and health. One of the visions of the world systems is to improve the economic health and transparency of the financial sectors of the society. One of the important factors that negatively affects the growth and economic health of a society in the long term is the phenomenon of money laundering. In money laundering, proceeds from criminal and illegal activities are placed in legitimate and legal channels and purified in the economic cycle of society. As an emerging phenomenon, money laundering plays a major role in creating a platform for corruption, and on the other hand, corruption plays an important role in the production of money laundering, protects it, and is present in all stages of money laundering. The emergence of many dangerous crimes such as smuggling and corruption, therefore, in order to combat money laundering as one of the manifestations of disrupting economic security, a favorable antecedent and posterior mechanism should be designed in the three areas of laws, procedures and practices and implemented in the form of legislation. In the current research, we are looking for the method of library collection, after explaining the phenomenon of money laundering crime, to deal with a series of previous mechanisms necessary to reduce the realization of this financial crime.

Family appointments, orders and lobbying, rent-making shareholdings of parliamentarians, etc. have occupied the minds of researchers in the field of anti-corruption. The traces of many corruptions can be traced in the keyword "conflict of interest". Although the existence of a conflict of interest is not equal to the occurrence of corruption, without a doubt, its biggest factor is the existence of various situations of conflict of interest that puts a person at the crossroads of personal or national interest. Although in the Islamic society, attribution to piety, internal control and moral qualifications are among the conditions for holding office, relying on creative virtues does not negate the government's responsibility in resolving situations of conflict of interest. The main question of the research is what causes and factors have caused the conflict of interests in Iran to such an extent that we can talk about the alarm of a crisis in the political and administrative system of Iran. The upcoming article, which deals with the study of library resources related to the topic by qualitative analysis method, is that the main factors of corruption arising from the situation of conflict of interests with a legal approach, are in three areas of causes: a. Normative: caused by a disruption in legislation in a formal way; b. Structural: arising from cases such as the union of rule-making, executive and observer positions; J. Behavioral: It is caused by things such as a disturbance in the observance of professional ethics.

Basically, the main topic of the United Nations Convention against Corruption (UNCAC) is the fifth chapter, asset recovery. This chapter has been one of the most important emphases of developing countries, including the central role of our country in the negotiations related to the formation of the convention in Merida, Mexico. Therefore, corruption is one of the issues that have been given serious attention at different regional, national and international levels. By examining the documents and documents available in the judicial policies, it is possible to understand the policies and programs that try to prevent and deal with this big social problem from various dimensions. In this article, using the descriptive, analytical, and library-based method, the challenges of returning property due to corruption in Iran's legal system have been investigated. In this regard, the first priority of the international anti-corruption conventions and centers is that different countries around the world organize their laws by joining and applying the guidelines of these centers in the field of preventing and fighting corruption. In this way, efforts have been made at international levels to organize the fight against corruption in a more favorable way by taking concerted measures. Also, at the national level, the actions of the judicial and legal institutions of the system, such as strengthening cooperation to fight and follow up on corruption, presenting a report on the state of corruption at the national level, etc. have been effective in the field of fighting corruption. Finally, according to the nature and position of these policies, the hypothesis of the research, which is the ability to refer to the policies of the legal system, has been confirmed and it has been explained that the necessity of returning property, property and illegitimate assets is one of the basic principles in Iran's legal system. One of the evidences of the rationality of this rule is the acceptance of its provisions in many legal systems of the world.

Financial administrative corruption is one of the most common forms of corruption, which has devastating consequences in various personal and social spheres. Therefore, the purpose of this article is to examine the most important preventive policies against administrative corruption in Islamic jurisprudence, the Law on Promotion of Administrative Health and the Merida Convention. This article is comparative and descriptive. Materials and data are also qualitative and data collection was used to collect materials and data. The findings showed that requirements such as the formation of special procedures and institutions for the development of national preventive measures, private sector preventive measures, measures related to public prevention and other important sectors such as financial and judicial institutions and money laundering prevention measures are considered. All three have been placed, with the difference that in the Merida Convention, while having a participatory perspective, the laws have a suitable executive guarantee. As a result, both Iran's laws and the Merida Convention are silent on the act of changing the nature, origin, and source of the lawsuit resulting from the crime of corruption, which has caused preventive policies to be calculated in a coherent and appropriate manner.

Social developments, especially in the field of criminal law and criminology, have a significant impact on crime prevention and fighting. This article examines the various dimensions of these impacts, including changes in crime patterns, increases or decreases in specific crimes, and adaptation of policies and laws to social needs. Social developments, in the field of criminal law and criminology, have not only led to changes in criminal patterns, but also created new challenges and opportunities to fight crime. This article tries to improve the mechanisms and legal policies to deal with crime and maintain the security of the society by examining these effects more deeply and analyzes various aspects of this relationship. Social changes, including changes in family structure, increase in technology, and economic changes, have affected crime patterns. For example, the increased use of cyber space may lead to digital crimes. People may find new ways to commit crimes with changes in social conditions, and this requires new and updated research in the field of criminal law and criminology. In addition, the number of specific crimes has also been affected. For example, during times of social change, some crimes may increase, while others decrease. This article emphasizes in detail the type and frequency of these crimes and tries to analyze the causes of these changes. In this context, policies and legal laws must also be synchronized with social developments. Compliance of these policies with the needs of the society ensures the increase of productivity in dealing with crime and the maintenance of public safety. In general, the article deals with the deep analysis of the effects of social changes on the field of criminal law and criminology and pays attention to the improvement of policies and strategies in this field.

Economic corruption is a multi-faceted and complex matter and one of the issues affecting the current society of Iran, which has many destructive economic and social effects. Therefore, in the current era, the prevention of economic corruption is essential. Despite the existence of various laws and numerous efforts, fighting against corruption has not been effective in the Islamic Republic of Iran. The prevention of corruption in the sense of the action strategies of Iran's criminal policy is based on a series of existing laws and regulations with the aim of normalization and systematization which have been ineffective. The prevention of economic corruption has been considered in many laws such as Administrative Health System Improvement Law. despite the existence of important principles and a strategic model for the prevention of corruption in some laws, some damages have hindered the effectiveness of existing laws such as the plurality of legislative authorities, the multiplicity of people in charge of prevention, as well as the confusion, ambiguity, and inefficiency of these laws.
In this paper, based on the descriptive-analytical method and relying on library sources, the aspects of the mentioned issue were investigated to evaluate the laws related to the prevention of corruption, and the damages were identified to prove the hypothesis of the lack of objective achievement of criminal and non-criminal prevention of economic crimes in recent years. At last, it presents some suggestions on how to amend laws to effectively prevent economic corruption.

Organization for Economic Development and Cooperation operates as an international organization with the aim of promoting economic development and cooperation between countries in the global economy. The purpose of this article is to examine the principles and indicators of transparency in investment in the Economic Development and Cooperation Organization.

This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.

Ethical Considerations: 

In this article, the originality of the texts, honesty and trustworthiness are respected.

In the Economic Development and Cooperation Organization, transparency in investment and management of financial resources is very important. Transparency in the investment of the Development and Economic Cooperation Organization increases trust. When investors and countries have detailed information about the organization's projects and programs, the possibility of mistakes and errors in financial decisions is minimized and trust in the organization increases. In addition, transparency in the investment of the Organization for Development and Economic Cooperation attracts investment from countries and private companies. Investors prefer to invest in an environment where financial information and investments are provided transparently.

Transparency in investment helps to reduce corruption and misuse of financial resources. When financial information is fully disclosed, the possibility of financial violations and corruption is reduced and countries can direct financial resources to the exploitation of people and sustainable development.

Bribery and bribery crimes are among the most prominent economic crimes and corruptions. These crimes, in addition to removing the economic dimension, have caused innumerable injuries and damages to the economic system, healthy and free competition, and they also affect the aspects of security and public peace, and harm public trust in the government and government institutions. Bribery is one of the outstanding administrative crimes. To deal with this crime, like fighting any other disease, the cause of corruption should be identified and appropriate measures should be taken to eradicate it. One of the main causes of bribery is the existence of problems and weaknesses in the legal system, and this study seeks to prove the existence of a connection between the two. The occurrence of bribery in administrative organizations due to the defects and weaknesses observed in the legislative system can be attributed to factors such as the lack of transparency of laws, the complexity of regulations, the inflation of the legal system, the incompatibility of laws with the daily needs of society, the lack of legal regulations necessary to register assets and declare them to the judiciary. , the lack of rule of law depends on the economic laws and other defects of the legislative system. In order to reduce this ominous phenomenon, it is necessary to eliminate the shortcomings and weaknesses of the legislative system and to eliminate their influence in the occurrence of bribery. The current research method, like most researches in the field of humanities, is descriptive-analytical; In this way, it uses the description and explanation of the topics related to the basic problem of the research according to the collected data and their analysis, to provide appropriate answers and achieve the research goals.

One of the issues of jurisprudence and transaction law is related to the interpretation of the will of the transaction party and the legislator in the meaning of the words of transactions and determining the valid transaction from corrupt and its legal and jurisprudential effects. The meaning of transactions in the title of the issue is any type of jurisprudential and legal action, the realization of which is dependent on the execution of a specific recital. The question of the present research is whether the intention of the transaction party and the customary and shari'a legislator of the words of transactions only includes its correct state or does it also include its corrupt state? Answer to each question has its own jurisprudential and legal implications. This research was carried out with descriptive and analytical method and library tools and came to the conclusion that the reference for distinguishing custom in the interpretive principle of validity and corruption is carrying the meanings of the words of transactions on their authenticity.

One of the continuous concerns of human society, which is especially considered by legal and social science experts today and is interpreted as a basic component in good governance, is combating the phenomenon of ‘corruption’. The dangerous place of the judicial system and the need for the health of the judiciary from corruption, which will cause the eradication of corruption, oppression and discrimination, immorality and other corrupting factors in the society, lead us to the fact that we should look for a solution to prevent corruption in the judiciary. Transparency is one of the important and influential components in dealing with corruption. The main question of the research is based on the proposition that "from the point of view of transparency, in a general sense, what results can be obtained regarding the existing processes in the judiciary (judicial-administrative) that will result in the reduction or deterrence of corruption?" The present research, using a descriptive-analytical method, regarding the data collected by the library method with the definition and division of the concept of transparency in the field of affairs related to the judiciary into two categories, administrative and judicial, with the necessity of adopting solutions such as strengthening the information systems of officials' property Judiciary, clarifying the process of appointment of judges, free publication of judicial opinions by the judiciary and the like, which their application will lead to the improvement of indicators of deterrence from corruption in the judiciary.

Examining the laws against economic corruption is considered as one of the major problems of countries, and the Islamic Republic of Iran is no exception to this rule. By analyzing the concept of corruption and establishing the rule of law in justifying the fight against corruption and examining the duties of each of the three powers, we find that economic corruption is mentioned in several laws, including; The Constitution, the Islamic Penal Code, the law against the perpetrators of embezzlement, bribery and fraud.The findings of the research show that there is no other solution except to fundamentally change the laws under the shadow of an independent judicial organization, because the Court of Accounts and the General Inspection Organization of the country, along with other supervisory arms, such as the law on monitoring the behavior of judges and principles 49, 55 and 142 of the law Basically, it is not very effective in the prevention process, and most of the time after the corruption, they will start to inspect and investigate, and the reason for this can be the lack of explanation of the executive mechanism and the guarantee of its implementation. Therefore, the urgent need and necessity of creating an independent and powerful anti-corruption organization, under the direct supervision of the system's leadership, without any political, organizational, financial, etc. dependence on the three forces, as well as dealing with economic corruptors without expediency, is the result of this. It is research.

4In today's world, the enemy, especially relying on various tools in the virtual space, constantly seeks to achieve its sinister goals, including weakening the significant issue of Islamic hijab in Islamic societies. The Islamic Penal Code of the Islamic Republic of Iran, rooted in the Islamic faith, designates this important and religious duty as part of the religious obligations and obligates its recipients to adhere to this principle. The current conditions in the country indicate multiple efforts by the enemy in this regard, and unfortunately, many sisters have fallen for foreign deception and will be incited to pursue these sinister goals. Non-compliance with Islamic hijab in the present circumstances initially raises the question for the judges as to whether the actor has committed this act merely out of emotion, or whether it was, in fact, a deliberate act with a previous intention and for the purpose of encouraging others of the same gender to engage in similar actions. This issue has created differences of opinion among judges, especially resulting in contradictory rulings Regardless of the validity of the reasoning of either proponents of the two viewpoints, it seems that in choosing the type of punishment and, consequently, determining the penalty, the prevailing conditions in the country should also be taken into account, and making an absolute decision in this matter appears inappropriate.

Although corruption is a complex, hidden and diverse phenomenon and the fight against it should be coherent, long, continuous and even accompanied by detailed planning in all dimensions, at the meantime, it is a social, political and economic phenomenon that also has security dimensions and in most countries, especially Iran and some other Islamic countries such as Malaysia causes many damages in the adoption of policies in the governance systems. The complexity and difficulty of fighting corruption is due to the nature of this phenomenon and today it is noticeable as a pervasive phenomenon in most Islamic countries. As an Islamic country, according to Islamic teachings, Iran has initiated the formulation and approval of regulations in the field of dealing with corruption during the legislative periods of the country, which is a source of great concern for the legislator and the Islamic government of Iran regarding the growth and development of corrupt behaviors at various social levels of the country. Meanwhile, by joining some international documents, Iran's law, while leaving the passive position, has revealed its position regarding corruption and its examples in the domestic and international realms. However, in confronting corruption, one should take advantage of all the tools such as the governance system of countries, private institutions and civil society. Therefore, while looking at Iran's approach, this article will study the situation and operational experience of the Islamic country of Malaysia as well.

Administrative contracts are one of the main sources of corruption in public affairs. Due to the financing of administrative contracts from the public budget and the high amount of these contracts, administrative authorities are influenced by personal interests in the relevant administrative decision. Considering the increase of efficiency and productivity of administrative organizations and the necessity of protecting and guaranteeing the rights of citizens against the abuse of public officials, supervision of administrative contracts is mandatory and unavoidable. In this regard, various supervisory authorities exercise supervision over administrative contracts. One of them is the Complaints Board (law on tenders). Now, what are the characteristics of administrative contracts that need to be monitored? To what extent can the Complaints Board, as a dedicated over sight body over see and ministrative contracts? And where are the challenges facing her? These questions are discussed in this article. Findings in the article show that the monitoring of this Board, in addition to its strengths, also has disadvantages, which we will review and make a suggestion.

Successful countries in the fight against corruption have provided cultural and legal grounds for public supervision by passing laws regarding the protection of corruption whistleblowers. This is associated with structural, legal and cultural challenges in Iran, and the current research seeks to answer the question of how to support corruption reporters in Iran and what challenges it faces and the way out of this challenge. What is based on jurisprudence and legal principles? The findings of the research using a library method and relying on jurisprudential sources, showed that Iran, in addition to having incoherent and incomplete legal materials in support of corruption reporters, also has inappropriate literature and culture in this field. Another challenge in this field is the large number of people in charge of receiving corruption reports. The support-motivation measures of whistle-blowing and corruption reporting are weak because the identity of these persons does not have the necessary confidentiality and these persons are not required to be protected against the retaliatory measures of the corrupt. The incentive system is also very limited and without identifying the source of credit. Therefore, it is appropriate to take a new approach to the culture and literature of corruption reporting by taking into account the jurisprudential sources, and while coordinating those in charge of receiving corruption reports, support-motivational measures such as: confidentiality of identity and information, prevention of retaliatory measures and compensation and system To improve the encouragement and reduce the inflation and proliferation of laws in this field.

"Conflict of interest" as an independent and well-known concept in modern governance is so important that many important keywords in this field are directly related to the issue of conflict of interest. Gaining public trust and promoting democracy, preventing corruption, promoting health and administrative cohesion, transparency and economic development is impossible without achieving an acceptable level of Conflict of interest management. Conflict of interest is an area of extreme complexity and political and legal sensitivity. Hence, the theoretical controversy over the exact perception of "conflict of interest" has been going on for some time. The main question of the present article is a correct understanding of the concept of conflict of interest, its different types and types of confrontation of legal systems. The authors believe that with a correct and comprehensive understanding of the concept and types of conflict of interest and with a comparative observation of the arrangement of legal systems in the face of this great problem, the literature on conflict of interest in Iran can be enriched until in the shadow of deepening the concept in the minds of researchers and concerned, it will be possible to gradually achieve lofty goals such as gaining public trust, justice and transparency.

In the current world of international trade, corruption in the form of various instances, including bribery, is very common and is accompanied by very serious damage to the economies of the countries involved. This issue has not only caused the countries of the world to put prevention and fight against this phenomenon on their agenda, but also the international community has not been idle and has taken measures such as drafting several international documents. This emphasizes on the strength of the law as a tool in preventing and combating corruption. But unfortunately, it has not been used all the capacities of it such as private dimension. This is while there seems to be a relation between a country s purity rating and the guarantee of law enforcement it uses in the face of a contracts provided by corruption. With this premise, in this article, we will use the library method to answer the question of whether guaranteeing the annulment of these contracts can lead to a reduction in corruption.