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

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.

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.

Despite the numerous measures to fight corruption in its various forms in Iran's legal system, a significant and tangible reduction in the direction of reducing administrative corruption and improving the health of the administrative system is not observed. Among the most important reasons expressed by experts; Lack of criminalization of corruption in the private sector. The present article, which was written in a descriptive-analytical way with the aim of examining the historical developments and domestic and international documents of the fight against corruption in the private sector, comes to the conclusion that the private sector is that part of agriculture, animal husbandry, industry, trade and services. It is possible that it complements government and cooperative economic activities. The history of fighting corruption in the private sector at the international level is much older than criminalization and fighting corruption at the domestic level .At the international level, the criminalization of corruption in the private sector has been specified in both international and regional documents, and in both of these documents, the criminalization has been extended to the private sector, and countries have been advised to To criminalize it in the internal laws and regulations, take necessary measures. Iran's legal system is associated with numerous gaps in relation to corruption in the private sector, and the fight against corruption and criminalization is not capable of being realized in the private sector due to the conditions that are foreseen for the realization of criminal titles related to corruption. According to experts, this vacuum is one of the main reasons for the lack of tangible success in the fight against corruption at the macro level.

Concerns about the detrimental effects of money on elections and the diversion of the electoral process to the benefit of the wealthy and exclusion of meritorious from the electoral system have prompted various legal systems to resolve this problem or minimize its effects. But limiting election spending can also be a prelude to challenges such as the restriction of freedom. Therefore, the election finance system should be formulated in such a way that while freedoms are protected, the uneven influence of money on the elections is restrained. This article attempts to identify the relationship between election finance and concept of freedom, including freedom of expression, by applying the principles of electoral taxation and examining the fundamentals of electoral spending reductions. The equalization of election campaign spending amounts to emphasizing a strategy, not solely based on numerical equality and a form of electoral expenditure, but on the basis of substantive equality between candidates in the field.

Foreign investment is one of the most important ways of transferring liquidity and technology from developed countries to developing countries, which has been the focus of many statesmen and policymakers in recent decades. One of the most important measures in order to optimally support the foreign investment process is to foresee appropriate legal mechanisms and especially arbitration in order to resolve disputes and lawsuits arising from it. Considering the perpetration of acts and procedures that disrupt foreign investment in every country as an undeniable fact, in this research, with a descriptive-analytical method, the feasibility of implementing the arbitration mechanism for the settlement of claims resulting from acts that disrupt foreign investment Been paid. The findings indicate that there are serious obstacles in Iran's current legal system regarding the referral of claims resulting from double taxation and the occurrence of economic corruption (in the form of violations) as the most important examples of acts that disrupt foreign investment. , 125 and 139 of the Constitution is one of the most important of them. The current situation requires that, if possible, reinterpretation of the above-mentioned principles should be carried out according to the current conditions and the upcoming needs on the part of the relevant interpretive institutions.

The act of hiring of a government ex-official by the private sector is referred to as “the revolving door practice”. Corruptive in nature, the practice is detrimental to public interest as well as public confidence in the government. Misusing the public office entrusted to him, a government official thereby engages in discriminatory treatment in his interactions with the private sector clients in an attempt to illegally earn benefits or enhance future career prospects. The revolver official is intent on diminishing the challenges of future employment in the private sector at the expense of public interests. Relying on the relations he has already made in the public office and the non-publicized information he had access to, the revolver gains extra benefits upon entering the private sector. Recruiting a descriptive-analytical method, the present study zeroes in exclusively on highlighting the necessity of designing a criminal policy in curbing corruption caused by the revolving door practice as well as scrutinizing the restrictions inherent to it. Findings indicate the need for proactive measures such as promotion of ethical codes of officials as well as ex post reactive measures including monitoring post-retirement occupational activities and identifying cooling-off periods. Furthermore, accessibility reactive responses including criminal, administrative and managerial sanctions can be helpfully applied. Finally, findings suggest that no workable plan of action has been developed in this respect in our country so far. It, therefore, behooves the policy-makers to learn form the experiences and guidelines of relevant international institutions and other countries.

Transparency of MPs' votes" is one of the categories that oversees parliamentary transparency, which has become mandatory in parliaments in recent decades in parallel with technological advances in some democracies. The fact that it is considered a fundamental step towards the characteristics of good governance. In the Islamic Consultative Assembly of Iran, "the plan for the transparency of the votes of the deputies was presented in the open court of the Assembly on October 28, 2017 and its urgency was approved, but after two years, no decision has been made yet. This description of the present article raises the question of what are the advantages of the transparency of the votes of the representatives over the non-transparency of the votes. ? In this regard, an attempt was made to deal with the transparency of votes with categories such as democratic necessities, civil institution building, the religious rule of Ashar, and the culture of transparency and accountability. According to the findings of this article, any political system that can exercise transparency in its affairs, especially in the system of voting of representatives, is equally far from political and economic corruption.

The implication of prohibition for the contract corruption is one of the issues in which the Islamic jurists do not have a single opinion. The disagreement in this issue has significant jurisprudential effects. Amedi, one of the most famous theologians, same as the majority of Islamic jurists, believes that if prohibition belongs to the essence of the contract or its necessary description, the prohibition means corruption of contract. However, if it belongs to an external description, it does not have such an implication. Contrary to most proponents of this view, who consider the basis of corruption to be lexical, Amedi, citing some theological principles and rational and lexical arguments, considers the basis of corruption to be reason and concept. Sharif Al-Murtadha, one of the forerunners of the Imamiyya, believes that the prohibition itself does not imply corruption of contract, and the claim of corruption requires the external evidence. However, in the Shari‘a prohibitions, there is a principle called the custom of Shari‘a, which implies corruption, unless proven otherwise. Sharif Al-Murtadha’s main bases are rational and lexical arguments. There are also signs of theological foundations in his view. The absolute implication of the prohibition for corruption and the promise of the difference between invalidity and corruption are two other views, each of which has its supporters. The most justified view in this regard seems to be the view of those who believe in the literal meaning of the prohibition of corruption if it belongs to the essence or the necessary description of the contract. This view is mostly in accordance with religious and lexical arguments and rational and customary requirements.