فصلنامه حقوق پزشکی
پیاپی 56 (بهار 1400)

The jurisdiction of the International Courts, including the International Court of Justice, to enforce regulations on the peaceful settlement of disputes, through existing definitions, necessitates the existence of a dispute. Identifying a "legal dispute" does not depend solely on the subject matter of the litigation submitted to the court, nor does it rely solely on the subjective purpose of the States concerned, but rather on a purely technical process involving both the court and the parties to the dispute.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The standard purpose of a dispute, whether with the former or the new approach of the Court, is to protect the judicial performance of the Court. Determining whether there is a difference in the Courtchr('39')s transferable function, as noted in the Northern Cameroon case. Arguments made to deny the existence of a dispute, or in particular a legal dispute, have seldom been accepted. Therefore, objecting to jurisdiction based on the refusal of a dispute between the plaintiffs is not a promising and successful policy.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Looking at the Courtchr('39')s previous approach in some of the cases under consideration, the Court as to establish a dispute has rendered flexible and expansive interpretation, so that it has not even acted strictly in the application of formalities and procedure as well as to refer to real and material sources of the legal system. However, the new procedure is based on the method of establishing a dispute based on objective proof of the dispute.

Criminalization can be considered as a contradiction of individual and social freedoms, but it is also important to keep in mind that the absolute freedom of man and unconditional enjoyment, and the condition of freedom will not result in anything but the violation of the rights of others and the disintegration of society. Therefore, in order to maintain the order and security of the society and the rights of its individuals, restrictions must be considered in the field of behavior of the individuals of the society, and in order to protect the inevitable freedom, a part of it must be restricted.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The consequences of incorrect criminalization in a chain reaction have different consequences in the target society; Increasing the scope of criminalization reduces the social ugliness of crime. The decline in the social ugliness of crime is also directly related to the increasing incidence of crime. As the incidence of crime in society increases, so will the use of punishment. In the last stage, the effectiveness of punishments decreases. The consequences of incorrect criminalization also seem to challenge the elements of "rule of law" in practice, including transparency, legal conviction, and access to justice.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the process of correct criminalization, three important points must be considered: First, the general and fundamental principle in this regard is that no government should use criminal law to control behavior that can be effectively regulated by other disciplines. Second, the use of criminal law must be beneficial, in the sense that the benefit of using it outweighs any harm. In other words, the benefits of criminalizing the action must outweigh the costs. Third, the proportionality between crimes and punishments is a principle that failure to pay attention to can make all legislation ineffective in criminalizing the conduct of behavior to maintain order and norms in society. For punishment to have the desired effect, it suffices that the suffering resulting from it be greater than the benefit derived from the crime.

Among the social manifestations of the current era that have spread the criminal phenomenon in society is the public conscience and its effectiveness on the criminal phenomenon and crime and punishment. Criminal law and the manifestation of crime and punishment are not safe from this area. In the areas of legislation, adjudication, and enforcement, public conscience policies have forced the legislature to criminalize conduct in some areas. As a result, the executive and judicial organs are also influenced by the concept of public conscience in order to exercise their powers.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Populist criminal policy is based on daily events and crimes that hurt the public conscience as a cross-cutting criminal policy that cannot control the criminal phenomenon in the long run. Moreover, this kind of populist policy ignores the basic principles of legislation, which is the justice and interest of all.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In fact, public feelings and conscience have certain characteristics such as being explosive, transient, irrational, etc.; These descriptions, in turn, have made populist criminal policy harsh, popular, dramatic, emotional, and lacking in theory and science. A look at the characteristics and procedures of populist criminal policy reveals that the elements of the rule of law are challenged in the face of this policy in the field of criminal law.

The growing trend of population and lack of space in large cities justifies the existence of apartment living. Apartment construction has become an independent profession of some individuals and legal entities in the years after the Islamic Revolution due to population growth and consequently The increase in demand for housing and the high cost of urban land on the other hand forced builders to meet part of their financial needs by pre-selling some of their buildings. Also, the low purchasing power of applicants on the other hand encouraged them to pre-purchase. And the payment of installments paid off. All these factors went hand in hand to make the phenomenon of pre-sale and pre-purchase of apartments common in large cities and spread is.

This research has been written in a descriptive-analytical manner.

The findings indicate that the law on pre-sale of buildings approved in 1389 with twenty-five articles and four notes has taken a big step towards the proper implementation of pre-sale of buildings in order to guarantee the rights of citizens.
Ethical considerations: The present article has been written based on the principles of honesty and trustworthiness.

Along with the construction process and the need for housing, the legislature also felt the need to legislate and enact laws compatible with the issue in order to regulate these contracts. Therefore, in 2010, a law called the Building Pre-Sale Law was enacted. It was approved by the Islamic Consultative Assembly, which regulated part of the existing relations between buyers and sellers. And the rights of citizens were guaranteed in this law.

Cite this article as: 

Mohaymeni S, Nikoumanesh A, Vaziri M. Investigating the correct implementation of pre-sale of buildings in order to guarantee the rights of citizens with emphasis on the law of pre-sale of buildings approved in 2010. Medical Law Journal 2021; Legal Innovation.

Differential criminal policy in criminology is one of the first manifestations of pluralism in criminal law systems. The purpose of this study is to investigate and apply differential criminal policy in the field of unintentional crimes causing diyat.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

He observed manifestations of differential criminal policy in the design and adoption of criminal laws, especially the new Islamic Penal Code. In recent laws, we can see examples of the legislatorchr('39')s differential approach in dealing with judicial authorities from the time of discovery to the execution of sentences for unintentional crimes causing diyat. However, it seems that the mentioned regulations do not have the necessary comprehensiveness and at present it is not possible to explicitly confirm the existence of a differential criminal policy in unintentional crimes causing diyat.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; This means that traditional classifications cannot cover the current complex relationships of legal entities. The discriminatory criminal policy in relation to unintentional crimes causing diyat is no exception to this principle. From this perspective, a comprehensive and unified order for all areas of criminal law cannot be considered.

In the laws of most countries of the world, education is free and public and is considered a fundamental right of citizens. According to jurists, the right to free and compulsory education for children is a generally accepted principle.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Despite the fact that the constitution emphasizes free and easy education of students in schools, but despite the restrictive laws, the lack of necessary investigations, the duplicity in the speech and actions of officials responsible for education costs to the middle and poor.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Given the current situation in schools and the lack of adequate inspections in connection with taking money under various pretexts from parents of students in public schools, we are always moving away from the implementation of the thirtieth principle of the Constitution and the equality of education, which is one of the principles of the constitution and the welfare state, falls into a deep sleep and is forgotten.

Non-governmental actors gradually began to play a role in international relations alongside governments. Various fields such as economics, trade, security, environment, etc. became an important field for the activities of non-governmental actors. One particular issue in this regard is the challenge of overseeing multinational corporations.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The approach of developing host governments to the commitment of multinational corporations is to move towards flexible rules of international competence as well as to meet the needs of the international community. The current non-binding principles have the potential to assist the country of origin and multinational corporations in creating new customary commitments.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Given that countries of origin are able to influence the standards of cross-border multinational corporations; it does not seem appropriate to limit the responsibilities of these states to territorial jurisdiction. However, international law has not yet provided appropriate principles for evaluating the law of the country of origin in some areas. But the effects of these companies on the economic conditions of the country of origin and the host country, human rights conditions, workerschr('39') health and safety, the environment and consumer rights explain a more flexible eligibility goal.

Islam is a religion that, in addition to its revelatory aspect, has based its rules and regulations on rationalism and has always emphasized and respected the power of human reason. Our aim in the present study is to validate the principle of persuasion of public opinion in the Islamic judicial system from the perspective of jurisprudential principles.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In general, Islamic law, both at the stage of enactment and at the stage of implementation, is based on the protection of interests and the repulsion of corruption, and in this way, public opinion must be satisfied with both stages; Otherwise, public confidence in the Islamic judiciary will decline.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Demanding public opinion regarding the persuasiveness of judicial rulings and the procedure is not new and is not specific to our time, but has long been the focus of public attention, and society has usually resisted the acceptance of unjust votes. For this reason, the conduct of the Infallibles (AS) in the process of implementing the divine commands, both as a ruler and as an advisor to the rulers and judges, has always been based on convincing public opinion.

Violence against women is an unpleasant phenomenon that occurs in various forms such as physical, psychological, social, economic, cultural and sexual violence, and addressing this issue is inevitable. Although the legislature has explained and legislated the provisions in the criminal law, it has not paid attention to it in the family protection law.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The research findings showed that, firstly, in different legal regimes, there are common criteria for criminalizing family crimes. Second, in order for criminology to be effective, this process must be in harmony with the social, cultural, religious, and moral values and morals of individuals in society. Finally, in the field of the legitimacy of criminalizing violence against the wife, we can refer to jurisprudential principles such as verses and hadiths that explicitly condemn or prohibit violence against the wife.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the field of the legitimacy of criminalizing violence against the wife as one of the important crimes in the field of family, we can refer to valid jurisprudential principles; Verses from the Holy Quran as well as the narrations of the Infallibles (AS) have also confirmed the claim that they explicitly condemn violence against the wife and in some cases boycott it, and even in some cases such as the wifechr('39')s qazf, the husband deserves the punishment of hade qazf. It is a kind of severe corporal punishment.

Actuarial justice is closely related to modern criminology or risk-oriented criminal policy. This new approach has changed the etiology of crime by changing the attitude and foundation of traditional theories; If instead of analyzing the crime and the causes of its formation, which was welcomed in the former criminal theories and policies, from a managerial perspective, it evaluates and measures the risk of committing a crime and then enters the field of managing these risks.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

At first glance, it may seem that the legislature, under the influence of critical justice ideas, has taken a strict approach to determining punishment in general when it comes to combating the financing of terrorism and taking into account the risk of the type of crime. However, the results of the research show that the Law on Combating the Financing of Terrorism in 1394, with the changes and amendments that were made in 1397, has not absolutely applied a risk-based approach.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The criminalization of terrorist financing, with its transparency, has been considered to some extent in the developments of the 1397 law and is in line with the approach of critical justice and criminal risk management, which is the same as the new penal strategies.

Achieving civil rights is one of the most difficult and practical issues for political and social systems. Considering the effectiveness of the principle of accountability in the realization of citizenship rights, the present study addresses the issue of how the principle of accountability can affect the realization of citizenship rights?

The method used in this study is descriptive-analytical, which has been collected by using documentary and library sources, information needed to discuss the principle of accountability and citizenship rights.

The findings show that the principle of accountability is through transparency in political affairs, creating competition based on party ideas, freedom of action of civil society, freedom of criticism, decentralization of government activities and actions, transfer of power and Relationships are also based on trust in society, so that both the performance of citizens towards each other and the performance of political leaders towards the people are subject to the principle of responsibility.

Ethical considerations:

 In writing the contents of the present article, the principles of referral and fidelity have been observed and it is considered a genuine research.

The results show that the realization of citizenship rights requires change in terms of quantity and quality. On a small scale, reducing government power, decentralizing, empowering civil society, the existence of multiple parties and groups, as well as shifting the power of political and administrative officials can promote the principle of accountability and steer the political system in line with the real demands of citizens. But in the qualitative dimension, we need to build relationships based on trust between citizens (vertical trust) and relationships based on trust between citizens and rulers (horizontal trust). In addition, the principle of accountability, if there is proper education and cultural principles based on equality and freedom of citizenship, can lead to the realization of citizenship rights.

One of the social problems of societies is the phenomenon of crime and delinquency that arises as a result of social problems such as poverty, unemployment, economic and social crises, changes in laws and social patterns, weakening of religious beliefs and the general imbalance in the social order. Among these, one of the factors and harms that lead to delinquency is drugs.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

With regard to the production and use of drugs, it should be noted that the use of these drugs is very closely related to the health status of the international community. This feature causes a lot of sensitivity to them in the legal field. The production and use of drugs directly threatens the right to health. The right to health is also considered as one of the examples of the right to life. On the other hand, the right to life is a general title in the international human rights system, which is a subset of fundamental human rights.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Stateschr('39') obligation to ban the production and use of narcotics are described as "commanding" because of their close association with the "right to health" and the "right to life." As a result, in the context of international responsibility law, it is possible for state to adopt a pattern of aggravated responsibility (or responsibility for breach of mandatory rules).

Globalization is a procedure existing in different contexts of human life. Regarding the expansion of delinquency at the international level, globalization can be examined as a necessity in criminal sciences. Economic corruptions bring heavy costs for society so that, they are hard to discover and detect due to their complicated forms. Hence, a decisive criminal policy is required to cover such costs. The present study was conducted to examine criminal policy made by the Iranian legislature to remove corruption and economic crimes with an emphasis on new rules of Regulations and Instructions for investigating the Crimes of Disruptors in the Economic System approved in 2018 and amendments 2020 through a descriptive-analytical study.

The extant paper was designed and written by using the descriptive-analytical method and bibliographic references.

Findings indicated the anticipated need for a differential approach to economic criminals in the new Islamic Penal Code 2013 and Directive of 2018. Although the term "economic crimes" has been used, there is no specific definition for economic crime. These crimes have not been taken into account clearly, so the law has not taken a decisive step to fight against economic corruption. However, Articles 47, 35, and 109 of the new Islamic Penal Code 2013 include unlimited examples of economic crimes that comprise the crimes listed under the note of Article 36 and the crime of fraud.

This study was designed based on confidentiality and honesty principles.

The legislature has adopted enemy criminal law to fight against moderate and macro crimes by taking strict penal measures to determine punishment, including the introduction of macroeconomic criminals, deprivation of moderate and macroeconomic offenders from suspending judgment rendering, and deprivation from prosecution prescription and penalty execution. In this case, the legislature has emphasized the confidence and certainty of punishment execution regarding criminal prevention of economic crime.

The protection of agricultural and horticultural lands has an important role in preserving the environment and the continuation of human life, and their protection constitutes the protection of the environment and human life. The change of use of agricultural and horticultural lands is the result of the shortcomings of the existing laws and the inadequate implementation of these flawed laws by its implementers and the disregard for its importance and the opportunism of some profiteers.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Adopting criminal measures to combat this phenomenon is one of the measures that legislators have resorted to. During the stage, the law considered the change of use of agricultural lands important and criminalized it; Such as the Law on the Development of Agricultural Centers approved in 1975 and the Law on Conservation of Agricultural Lands and Gardens approved in 1995. The last law enacted in this regard was the Law on Amending the Law on Preservation of the Use of Agricultural Lands and Gardens, approved in 2006, and its by-laws, which in Article 3 provide for the punishment of demolition and fines for perpetrators of this crime. There will also be imprisonment.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

It seems necessary for the legislator to take greater steps to deal with this phenomenon by removing the ambiguity of this law and determining more practical solutions and using prevention and culture-building methods.

There are rules for determining the effects of a contract. These rules have been uniformly established in different countries and regions of the world with different legal systems. One of the most important examples of contracts is the litigation contract. The present article seeks to examine the economic contract while examining it.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Litigation theory can be one of the tools used in legislative policy. The findings show that economics of law or economic analysis of law is from an economic perspective, this school is inspired by the consequentialist philosophy of justice and is considered a kind of scientific methodology, the logic of legal economics is the application of economic principles in the legal decision-making process. Contract economics also seeks contractual efficiency, allocation of transaction costs, combating contractual opportunism, and allocation of contractual risks with the aim of ensuring social welfare and efficient contract execution.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Economic analysis of the civil litigation process is based on litigation costs in order to increase the efficiency and quality of litigation and the rational optimization of litigation costs if an efficient litigation is one of the guarantees of civil justice.

Cite this article as: Firoozbakht M, Habibi Dargah B, Elsan M. Economic analysis of litigation Contract. Medical Law Journal 2021; Legal Innovation.

Providing public services is one of the main concerns of political systems. The form, manner of providing services and the extent of citizenschr('39') access to these services have a significant impact on the component of citizenship rights. This means that the existence of social institutions such as document registration can support civil rights and provide public services. The purpose of this study is to investigate the role of document registration in providing public services and protection of civil rights.

The method of the present study was performed in the stage of data collection and analysis. In the information and data collection stage, library and documentary sources have been used, and in the information analysis stage, the issue has been addressed in a qualitative and argumentative manner.

The research findings show that the registry offices are among the public services that protect the economic and social information of citizens, prevent inequality and injustice in society, as well as from a positive perspective by providing the necessary information to record data and information. Providing e-services to citizens and supporting the rule of law and achieving a desirable society play an important role in improving citizenship rights.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

An important part of citizenship rights is focused on providing services that, in terms of time and place, as well as providing up-to-date information, requires the existence of social institutions and institutions such as registries. In this regard, the registry offices prevent the occurrence of conflicting transactions, regulate the lives of citizens in accordance with the law, and provide economic information to the government and citizens to establish justice and the rule of law.

One of the most challenging and controversial issues in relating to the will is the difficulty with recognizing the factors imposing suspension on the will. The present paper deals with giving credence to a testamentary disposition by heirs and heiresses.

This descriptive-analytical research was done using documentary and library studies.

A will is a type of possession that a person leaves before their death. When it comes to a testamentary disposition, after affirmation of the testator, the exact recognition of the nature of the pre-deceased beneficiarieschr('39') acceptance will have many effects. If acceptance of succession is considered as a part or fundamental of a will to the extent that the will is invalid without it, then the testamentary disposition is thought of as a contract that the Islamic jurists largely concur with it. Nevertheless, when acceptance of succession is invalid or the will is regarded as one of the irresistible factors of the transfer, the will is possessory. In such cases, having good morals relating to giving credence to such a will is of importance.

Confidentiality and trustworthiness have been carefully observed throughout this paper.

Islamic jurists suggest that a will shall not be valid for a heir except when it is approved by other heirs. When it comes to the nature of the testamentary disposition more than one third of the estate, most jurists have regarded it as a will bequeathed by the testator which its acceptance needs the consent of other heirs. With regard to the time of ratification, most jurists believe that admitting or denying a will is only possible after the death of the testator, and so the rejection or acceptance of the will by the heirs during the testatorchr('39')s life has no jurisprudential or legal value. Therefore, morality requires that the heirs give credence to a will after the testatorchr('39')s death by approving of what the deceased has bequeathed.

Since children need a lot of support to respect their interests and rights, Islamic jurisprudence and law is expedient in various issues and has considered the envy of children. And the legislature sets the rules to take into account the different circumstances and situations of the child. The purpose of this article is to explain the strategies for observing the envy and interest of the child during custody.

This descriptive-analytical article has been prepared by using documentary method and filing tool.

The findings indicate that; Expediency is a powerful tool that can be used to the benefit of the child by observing jurisprudential and intellectual standards. The importance of this issue is evident in the adaptation of dynamic Shiite jurisprudence to the new conditions of society. Adulthood has criteria and symptoms that are considered a child until these symptoms and criteria are met. And needs support, and in some cases, especially in finances, the jealousy and best interests of the child should be considered by his or her guardians.

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

Guardianship of children is a very important issue that has long been discussed and studied by jurists and jurists. In this regard, the Family Protection Law approved in 2012 in order to protect children, has enacted new laws that in order to protect the child, the observance of envy, expediency and benefit is the criterion. The new attitude of the law has caused all issues related to custody and custody, including the right to visit, agreements on custody, transfer of the child to another city, etc., to be the basis for court decisions based on the best interests of the child.

The silence of the law in different areas of the legal system, and especially in the context of emerging issues, is obvious. In the field of civil law, due to the principle of the rule of will and the possibility of agreement of the parties to the dispute, the silence of the law creates less problems for judges than other areas where the possibility of agreement of will is more limited. One of the spaces in which the silence of the law poses a great challenge to the dispute resolution authorities is the will.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Despite the fact that a long time has passed since the enactment of the Civil Code, and at the time of the drafting of this law, its designers have specifically considered the rules and regulations of jurisprudence. But in many cases, the legislature has taken a position of silence on the incapacity, justice and betrayal of the guardian.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In written law family systems, there are two main approaches to law making: The French approach in which the text of the law is designed in detail and with popular literature; The second is the German approach in which the text of the law is technically and concisely designed and approved. In the context of the subject of the present study, it seems that the legislator, considering the rich jurisprudential literature, has chosen a combination of the above two approaches. In other words, the Iranian legislator has a short and popular literature in this field. As a result, in order to eliminate the cases of silence of the legislator, appropriate jurisprudential and legal solutions can be provided separately.

In recent decades, following globalization and political and economic developments, the increase in crime rates, especially terrorist and violent crimes, especially after the events of September 11, 2001 in the United States and the subsequent emergence of fear of crime, the need for security in societies Has become fundamental and has led criminologists to step out of their original origin, which is the rehabilitation and correction of the offender; To serve security goals more than ever. In this regard, security criminology, by distancing itself from the criminal-oriented views towards crime-oriented, has strict and security-oriented policies, and by considering the risk management of the crime and the dangerous state of the offender, depriving them of the power of crime and neutralizing them. Emphasizes perpetrators through strictness and severity of action without condoning, justifying access to maximum security and overcoming feelings of insecurity.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Influenced by the security-oriented ideology, criminal law has shifted from justice-oriented criminal law to security-oriented criminal law in some cases. Assuming that the criminals are considered enemies, it has been instrumental in the formation of a kind of criminal law of the enemy and has faced the criminal policy of countries with repressive and aggressive punishments in the field of criminal prevention.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In this view, criminal law has become a tool in the hands of governments to ensure maximum security, and these developments in criminology have led to the social prevention of crime to give way to security-oriented prevention, which is situational prevention. It seems that security criminology, with its instrumentalistic view of human beings, has faced many human rights problems and challenges under the pretext of providing security and fighting crime, under the pretext of providing security and fighting crime.

The transfer of punishment to the private sector has been repeatedly criticized. Nevertheless, private sector involvement in alternatives to imprisonment or social punishment is on the rise. In the United States, private sector participation in this group of punishments is very significant. In Iranian law, however, this approach is heavily criticized. Nevertheless, the tendency towards this approach can be considered in line with some ideas in criminal law and some regulations. Examining the context of implementing private sector involvement in social penalties first requires addressing the examples of social penalties in the law of different countries, which in this study is the main focus of the American legal system. In the next step, we have tried to examine the implementation contexts of this approach in Iran.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that outsourcing the implementation of some correctional responses to private institutions can have many benefits. Among them, the use of specialized and efficient forces of the private sector in order to increase the efficiency and effectiveness of punishment is a means to achieve the goals of participatory policy and reduce the inflation of the judicial system in the execution of punishments. Consequently, a valuable step can be taken towards the goals of social punishment.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Assigning some of the punishments to the private sector, due to the prevailing interest-based perspective in this sector, can lead to challenges such as lack of justice, profiteering of convicts and exerting more pressure than the offender deserves. But on the other hand, by making a few changes and improvements, in addition to eliminating the disadvantages of this system, its benefits can be used. For example, increasing the strength of the oversight system, transparency and openness in how to execute case and specific punishments and examining the shortcomings and shortcomings in certain time periods, can address these challenges. In Iran, due to the infancy of this approach, it is necessary to further study its various dimensions, as well as to cover legal gaps in this field.

Criminalization is one of the tools and mechanisms of criminal policy in any country in dealing with crime and social deviations. In the case of crimes that have many instances in society, such as the crime of forgery, if criminalization is not done based on appropriate, reasonable, logical and sound policies, not only will it not have the desired consequences, but it will cause many social problems.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Iran's legislative crime policy does not have a uniform process and suffers from a kind of disorder, deviation and lack of coherence, which is the biggest and at the same time the most important criticism that can be made about this issue in Iran.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Overall, the evaluation of the existing legislative policy in this area shows that there is no coherent discipline in the criminalization of forgery and the goals and values of the legislature are not clear. In addition, there are ambiguities in the legislative criminal policy approach to forgery.

The basis of law should be sought in public law. Because basically "legal system" and any "legal order" have meaning in the field of political authority, and the concept of "guarantee of implementation" as a boundary between moral norms and legal norms, relies on the Cairo power of political power. As a result, wherever traces of political power are found, that area must be defined as the realm of public law. Unfortunately, there are obstacles in the development of public law, which in this article has tried to address this issue by emphasizing educational barriers. Our goal in this article is to identify obstacles to the development of public law and provide solutions in this regard.

This descriptive-analytical article has been prepared by using documentary method and filing tool.

Scientific findings indicate that the path of sustainable social change is through the "education" of human resources, as developed countries have considered "education" as the most important national action on the path of development. Therefore, according to the author, the development of public law also depends on improving the level of public law education and there is a significant relationship between education and development of public law.

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

Among the results of this study, we can briefly point to the existence of numerous harms in the planning of public law education in Iranian higher education centers and the need to review and reform the mechanisms governing it on the one hand and reform local culture and produce local-historical theories. In order to develop public rights in Iran, on the other hand, he pointed out.

The municipality, as a public non-governmental legal entity, in order to perform its legal duties and services and provide services to citizens, may cause damages that the rules and rules of establishing civil liability are shared with other natural or legal persons. But what is the subject of this article is the study of the legal basis for holding the municipality responsible for failure to perform duties and tasks (omission) that the law imposes on the municipality and the extent of its responsibility and how to compensate as a public non-governmental organization.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Although Article 11 of the Civil Liability Law stipulates the conditions for fulfilling the responsibilities of municipal employees and their affiliated institutions and the extent of their guarantees, the main concern is to determine how and to what extent municipal responsibilities arise from leaving duties and responsibilities. Which causes damage to persons intentionally or accidentally.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Regarding damages resulting from the exercise of sovereignty, if there are two conditions, public law entities will be exempt from compensation and payment of damages. The first is that public law persons should be in a position to exercise sovereignty, and the second is that the act should be performed as necessary and in accordance with the law to ensure social benefits.

Sanctions in international law are a set of coercive measures aimed at forcing governments, international actors or Individuals not committed to the norms of international law or to follow the wishes and policies of the institution that imposes sanction. The purpose of this study is to show the consequences of international sanctions on the environment. Considering the importance of environmental protection and its integrity, the commitments of various countries and international organizations in the preservation and reconstruction of the environment, as well as the fundamental human rights recognized in international instruments and taking account of the environmental implications of sanctions; Measure their compatibility with these obligations and fundamental rights.

This Research is of Theoretical Type, the Research Method is Descriptive-Analytical, the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.

Imposition of sanctions on Iran has negative consequences for the environment, such as reducing government foreign exchange earnings due to restrictions on oil sales,  transfer of knowledge and technology, gasoline imports, disrupting the educational process of Iranian students abroad and..; In such a way that the environment is out of the priorities of the government and the people.

 In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

Since sanctions impose collective punishment and pressure on an entire society, it is inconsistent with the accepted principles and obligations mentioned in international instruments.

One of the causes of disruption in human societies is crime, which has always endangered the life-economic-political-cultural security of human beings and society and governments. Communities' response to this phenomenon is primarily through the use of coercive legal methods and tools, resorting to criminal institutions.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Incorrect methods to deal with crime are also common among criminal agents such as judges and law enforcement agencies. These incorrect methods contradict the two issues of public order and individual rights. However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

However, sometimes an expedient and even benevolent view persuades the criminal agent to resort to incorrect methods in order to solve the criminal problem or case.

Dowry is one of the rights reserved for the wife. This right is such that can be waivered by wife to the husband and can be done in different ways, the present research studies the jurisprudential and legal nature of waiver of Dowry. The question is what the attitude of jurisprudence and law towards the waiver of Dowry is?

This research’s approach is descriptive-analytical and tries to extract and analyze the jurisprudential and legal nature of the waiver of Dowry in a qualitative way

A woman is one of the members of the smallest social unit, which is the family. In the law, Dowry is considered as a protection for her. The wife can waive this right for any reason. waiver of Dowry is in the form of various forms such as: gift, forgiveness, peace, unilateral obligation, which has consequences. Among those consequences are: the husband's exemption from payment of Dowry, the lack of right of imprisonment for the wife.

 In all the writings of the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Therefore, the legal nature of waiver of dowry should be weighed against the intention, will and purpose that the woman uses to waiver it. Explaining that if the dowry was waivered for the purpose of a gift, the nature of the contract would be a gift, if it was with the intention of acquittal, its nature would be unilateral obligation. If it is done with the intention of peace, it will be the nature of a peace contract.

 Soil and water protection is one of the most important environmental issues. This needs more attention in the current situation in Iran than ever before. Water scarcity and at the same time soil erosion and pollution have gradually become important challenges in Iranian society. Legal support is an important issue in this regard that needs to be clarified and analyzed. In this article, the researcher seeks to investigate crimes threatening public health related to water and soil; What approach the legislator has taken to protect and preserve the soil and how existing laws can be enforced.

 The mentioned article is descriptive-analytical and using the library method, the mentioned subject has been studied and data collection has been done by referring to documents, books and articles.

 Criminal law provides for criminalization of soil and water pollution, theft and unauthorized exploitation of water and soil smuggling, and destruction of waterways, and penalties such as imprisonment, fines, flogging, revocation of licenses, and blockage of wells. Since institutions, companies and government and public units are the main causes of soil and water pollution, it is necessary to have more judicial seriousness in dealing with these factors.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Supporting new technologies in the field of water resources management, dealing decisively and firmly with violators and criminals in the field of water resources, cultivating and educating the people and related executive bodies to institutionalize the protection of water resources, creating mandatory restrictions on excessive water consumption during Periods of shortage, continuous monitoring of relevant officials and informing and educating farmers and owners of industries and culture in this regard, increasing the price of water, especially in the field of household consumption and such measures, are much needed.

 Legal security is the principle that generates the systematization and stability of the legal order and guarantees human rights and social security. Today, the impact of this idea, namely legal security, has become widespread and has become the inspiration for the entire legal system. From this perspective, the purpose of this article is to investigate the issues of legal and psychological security of the buyer in good faith.

 This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 The findings of the present study show that various principles such as commitment to seriousness in the transaction, commitment to transparency, commitment to information, commitment to confidentiality, non-negotiation in parallel, commitment to cooperation and partnership, commitment to care can guarantee the legal and psychological security of the buyer in good faith.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The emergence of a transaction deed or ownership of real estate creates a sense of security in individuals; In such a way that the annulment of such documents, contrary to the legislator's emphasis on Articles 22, 46, 47 and 47 of the Registration Law, causes various psychological problems to individuals, regardless of legal problems.

 An additional lawsuit is a lawsuit filed by the plaintiff against the defendant in the main lawsuit. In some cases, the plaintiff may claim another claim after the original claim. Therefore, the best solution is to increase the demand. The purpose of this study was to explain the status of additional litigation in the Civil Procedure Code of Iran and the United States and to state its terms and conditions.

 For this research, descriptive-analytical method and comparative and library resources have been used.

 Based on the findings of the research on the subject of additional litigation, the plaintiff can make changes in his initial request; this authority is known as additional litigation in Iranian law. It should be noted that although additional litigation is one of the litigation lawsuits, it has been neglected and less considered among jurists. In the law of other countries, such as the United States, the fifteenth rule of the Federal Civil Procedure Code in the United States was devoted to amending and supplementing previous approaches.

Ethical considerations: 

The present study is based on ethical principles such as credible and scientific citation and avoidance of bias.

In American law, the law encourages the unification of claims; this is because it reduces the workload of the courts, facilitates adjudication, and prevents conflicting judgments in litigation. The rules of the US Federal Civil Procedure Code provide for different legal mechanisms to achieve these goals. In the US Federal Civil Procedure Code, Rules 13-14 and 15 govern the aggregation of claims, Rules 19-20-23 apply to the parties, Rules 24-23 apply to the plaintiffs, and Rule 42 governs the conciliation of claims. In Iranian domestic law, Article 98 of the Code of Civil Procedure (Article 117 of the former law), without raising the issue of additional litigation, paid attention to the petitioner,s to amend and change the original litigation.

 Checks as a means of cash payment, of course, in many cases as a tool for promising payments, is very popular with individuals, so it is used in many transactions, whether commercial or non-commercial and based on this, it is logical that more than any other issue, it has been considered by the legislator and, of course, it has been tested and made many mistakes.

 This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 The new law provides banks with various obligations in relation to checks. In order to fulfill these obligations, there are gaps such as ambiguity in removing the effects of checks, ambiguity in the concept of damages to third parties.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The new law has more dynamism and better adaptation to the real conditions of the society than the previous amendments to the check law, and there is a capacity for the gaps in this law to be clarified in the form of its executive regulations with details, and to be used by stakeholders.

Interaction and dependence of research with computer and its increasing dependence on cyberspace and the impact of emerging technologies and new needs in the field of business and greater productivity of the workforce and promotion of business performance by acquiring the latest fully automated technologies in cyberspace, Puts ongoing activities in the biosyber sector at the beginning of a new phase of innovation and progress.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Sooner or later, scientific advances will impose themselves on all societies with the aim of increasing welfare and providing services. The point to consider is that this situation, like other human achievements, will be accompanied by very worrying threats that special measures must be taken to deal with them. Recent innovations in the biological sciences can be used to take advantage of cyberspace as a broad platform for illegal activities against social order and security.

Ethical considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Recent scientific developments in the field of genetics, especially in the field of DNA studies, as well as the implantation of microchips in the bodies of humans and other living things, indicate the fact that a new window on cyber users, especially opportunists, for material and personal gain, which Can be potential perpetrators, is open. Super-professional perpetrators who do not even plead guilty; As a result, controlling the occurrence and spread of biological crimes based on cyberspace is not only considered as a component of national security in any country, but can be doubly important.

The right to sue is an inalienable principle accepted in legal and human rights sources. This leaves all citizens free to sue. But this will be challenged when a malicious litigation is filed. This type of lawsuit causes some problems and damages for the defendant. The legislature has provided some sanctions in order to prevent malicious litigations and their effects. The problem of abuse of procedural rights and related legal preventing rules in law of Iran and England constitutes the idea of this study.

This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library method and has been done by referring to documents, books and articles.

Abuse of the right to sue is an example of abuse of procedural rights and a special manifestation of the general concept of abuse of right. A person who brings an action against another without a probable cause or uses a litigation to harass the other party or other malicious intent, should be liable for damages resulting from his tort.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Despite the fact that any body has the right to resort to the courts and is entitled to bring action, but if this right has been abused and a person has filed a lawsuit against another without a probable cause or with malicious intent such as harassment or dilatory purpose, while may face the objection of frivolous litigation, he will be also subject to civil liability for damages caused by his tort. Stablishing and developing the legal sanctions to prevent abuse of procedural rights may have a deterrent effect on malicious prosecution and will lead to improved function of civil justice system.

One of the components of human rights for any political system is the guarantee of human dignity. In the meantime, protecting citizenship rights by modifying the power and responsibility of government officials is required; Various types of oversight mechanisms, is appraised by the law. In the German- Roman legal systems, the Supreme Administrative Court is responsible for "judicial oversight" of state decisions.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

This has also been the case in the Iranian legal system, however some institutions, such as the Guardian Council, are exempt from the jurisdiction Court of Administrative Justice. Based on the court of administrative justice, filing a lawsuit against the guardian council’s decisions is not possible; But any subject matter has a legal interpretation; the reasons for the uncontrollability of the Guardian Council need to be clarified.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The rule of law, the principle of separation of powers, the principle of legitimate expectation justifies the need for the oversight of the Guardian Council. Preventing the abuse of power, judicial error, and making unreasonable decisions, as well as adherence to the principle of proportionality are the factors that make the oversight of the guardian council a requirement.

One of the most important issues in the world of law is the issue of guaranteeing the implementation of violations of norms. Historically, one of the oldest examples of bail is "imprisonment". In the process of imprisonment, various examples and standards of international human rights must be considered.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Instances of human rights in the process of punishment of imprisonment are in a special category. The first class is the basic rules. These rules are in fact part of the fundamental human rights examples that are considered in the international law literature in question as examples of the peremptory norms of international law. The second category is non-fundamental rules. These rules have no conventional or customary background.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Fundamental rules are at the top of the normative hierarchy of human rights, and other norms cannot be in conflict with them. One of the characteristics of this set of rules is that they are basically irreversible. This means that no government can enforce these rules based on justified or excusable causes and factors. In contrast, non-fundamental rules lack such a description.

Today, the complexity of relations and expansion of societies and the reciprocal needs of countries have made unity and solidarity among the international community an undeniable fact. Thus, novel rights under the title of solidarity rights are being formed, which lay the ground for unity and solidarity in the international arena that affects the development of the third generation of human rights. Our goal in this article is to investigate the qualities of solidarity rights and their impacts on the development of the third generation of human rights.

This article is descriptive-analytical research that uses documentary and library sources and note-taking methods.

Studies have shown that the emerging solidarity rights, including the right to a healthy environment, right to development, right to peace, right to self-determination, right to the common heritage of mankind, and right to communication, should be upheld by different nations due to the impacts they have on the lives of people and the future generation; these rights, as stated, reveal the commitment of the countries, also.

Ethical considerations:

 Principles of honesty and trust are met from the beginning to the end of the article.

It is concluded that countries have, at the international levels, helped introduce these rights by codifying international documents and joined international treaties, and legislated and enforced the rights in the domestic arena to support them; however, some countries have considerably contributed to the development of the third generation of the human rights, while some others, including Iran, are standardizing and establishing these rights which indicate the success of these nations.

Natural disasters are among the potential threats that have always targeted individuals in a society and governments. Our country is one of the most catastrophic countries in the world and many damages are caused to the people through natural disasters every year; The extent of this damage is so great that it sometimes shakes the foundations of a government. And large sums of money are needed to compensate for that, which is beyond the reach of private individuals. For this reason, it demands the attention of governments and their subordinate institutions to implement the best way to manage crises caused by natural hazards. The purpose of this study is to explain the civil liability of the government in compensating for natural hazards.

This descriptive-analytical article has been prepared by using the documentary method and using the filing tool and using the documents and reports of related organizations.

The findings indicate that; Natural crisis management can reduce the costs of these crises, which include socio-economic as well as human costs.

Ethical considerations: 

This article has been prepared based on the principle of honesty and trustworthiness and without scientific bias.

With the review of new theories on government civil liability, theories such as risk theory were not accepted because they are not unrelated to fault, and theories such as the insurer government and citizens' equality in bearing public costs face shortcomings that do not Can be used well in government civil liability for natural disasters; But the ideas of the welfare state and the guarantee of the right well cover this responsibility.

The phenomenon of violence and its increasing trend among students is one of the issues that has caused concern among families and those in charge of education today. This article examines the Possibility of existence Dark Figure of victims and the need to formulate a differential criminal policy in order to prevent violence against students in the city of Ahvaz.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Various causes at the individual, relational, community-based and community levels are effective in the development and perpetuation of violence. Increasing this phenomenon and the need to support one of the most vulnerable groups in society, it is necessary to study this phenomenon and adopt strategies to prevent it. What is felt before the need is to make fundamental changes and reforms in the field of legislation in order to adopt a coordinated, coherent and differential preventive criminal policy in the field of prevention of violence against students.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

A new and proven tool in the prevention of violence against students is the use of codes of conduct or a moral charter, and its foundation is based on awareness, warning and education.

The quality of civil procedure is one of the important and relatively new issues of civil procedure that has received less attention. In this article, an attempt has been made to explain the components of the quality of civil procedure and to further examine its impact on the observance of civil rights in the judicial process.

The mentioned article is descriptive-analytical and using the library method, the mentioned subject has been studied and data collection has been done by referring to documents, books and articles.

The concept of quality of proceedings emphasizes the efficiency of proceedings. Procrastination, litigation costs and lack of a fair trial are some of the disadvantages and disadvantages of the civil justice system and the judiciary, which have a negative impact on efficiency, prolonging the litigation process and increasing the costs of litigation until its conclusion. These violations affect citizenship rights and undermine citizenship rights in the litigation process.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The results of this article indicate that the quality of litigation with a focus on efficient litigation, including the fundamental guarantees of the civil justice system has an effective role in respecting civil rights in the litigation process. The quality of the trial focuses on factors such as the reasonableness and timeliness of the proceedings and the proportionality of the costs of the proceedings, and contributes to the observance of citizenship rights in the litigation process by promoting, optimizing and making the case desirable. Accordingly, the litigation process has economic logic and individuals act on the assumption of economic rationality and make choices in order to achieve greater benefits, sometimes accepting litigation in court, and sometimes peace and reconciliation without going to court. They can, and this can lead to a reduction in the length of the proceedings, a reduction in the costs of the proceedings, and therefore the observance of citizenship rights.

In each financial year, in order to provide public procurement and in order to achieve development and infrastructure goals, the executive bodies of the country perform various transactions in the form of tenders and auctions. Government procurement in other parts of the world is covered by the Public Procurement Law. Our goal in this article is to explain the challenges and limitations of government tenders and auctions.

This descriptive-analytical article has been prepared by using documentary method and filing tool.

The findings indicate that; With the formation of the new paradigm of government privatization and downsizing, bidding or the procurement process has been proposed as a means of reducing government duties. Prevents government corruption and strengthens the private sector. Unfortunately, the Law on Tenders, adopted in 2004, failed to demonstrate the effectiveness needed to ensure the principles of legal standards accepted in tenders. The gaps and challenges of this law have led to the spread of corruption in tenders. And the law on holding tenders approved in 2004, also failed to show the necessary efficiency to guarantee the principles of legal standards and accepted by itself, in the matter of tenders. Gaps and challenges of this law have led to the spread and development of corruption in tenders.

Ethical considerations:

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

One of the new laws regulating the transactions of government agencies is the law on tenders and its executive regulations. At the beginning of the implementation of the law, government agencies had many ambiguities and challenges in implementation, most of which have been resolved after the adoption of its executive regulations. According to research, one of the main challenges in government transactions is the restricted bidding process. Which has also led to corruption. In this regard, serious challenges, such as unclear method of exercising the powers of the bidder, how to evaluate the quality of the bidder, not registering tenders in the tender information database, not allowing the bidder to open the envelopes, non-responsiveness of the bidder to the bidder in The executive context of this law is observed.

Addressing Islamic banking as one of the ideas needed in managing the economy of Islamic societies and also presenting an independent model based on Islamic jurisprudence is a real concern. Accordingly, the present study seeks to address the do's and don'ts of Islamic banking from the perspective of jurisprudential sources.

In this descriptive article, the analytical method is used and the information is documented and library.

Denial and sanctity of usury is an essential aspect of the formation of Islamic banking that should be considered both in transactions and in providing services and facilities to customers. Islamic banking is a model based on real transactions and rejection of formal transactions, which is supported by jurisprudential sources of transactions accepted in Islam Including Gharz al-Hasna, Ja'ala, Mudaraba, and civil partnership are among them, which rely on real transactions and solving the economic problems of the people of the society.

Ethical considerations:

 In different stages of writing this article, from the stage of compiling to analyzing the content, ethical considerations such as the principle of fiduciary duty and observance of writing principles have been considered.

One of the main problems of non-realization of Islamic banking is the lack of change in jurisprudence based on banking developments and the lack of a practical plan for the implementation of Islamic banking. Also, from a legal point of view, not paying attention to the legal obstacles to the progress of Islamic banking is very important. The prevalence of usurious banking in the Islamic society, the huge interest of banks on loans and financial services and the lack of a legal mechanism on banks are among the most important legal obstacles to the non-realization of Islamic banking. At the same time, in terms of the musts (positive), the usury banking system still remains in the theoretical field and its executive policies have not been properly implemented.

Today, in most legal systems, one of the measures to re-socialize criminals is to grant amnesty or commutation of the sentence of the convicts by the highest authority of a country. In this regard, paragraph (1) of Article (1) of the Constitution considers one of the powers of the leadership to pardon or reduce the punishment of convicts within the limits of Islamic standards. Our most important goal in the present article is to explain the exact meaning of the phrase "within the limits of Islamic standards" in this principle and its religious requirements in order to determine the limits of this competence for leadership.

This descriptive-analytical article has been prepared using documentary method and filing tool.

The findings indicate that, although the provisions of the amnesty and mitigation commission of the convicts approved in 1387 regarding those sentenced to retribution and blood money are in accordance with jurisprudential standards; However, this by-law does not fully comply with the jurisprudential standards in this regard due to the limitation of the leadership's competence to pardon or reduce the convicts to the extent or ta'zir; Therefore, considering that the by-laws have not been reviewed by the Guardian Council so far in terms of inconsistency or non-inconsistency with the Shari'a and the Constitution, it is necessary to review and amend the by-laws in this regard.

Ethical considerations: 

In all stages of writing the present study, honesty and trustworthiness have been observed.

The result of descriptive-analytical study of this issue indicates that firstly, "Islamic standards" in this principle, including primary and secondary rulings. Secondly, according to the Shari'a, the authority to grant amnesty or commutation of the sentence of the convicts by the leadership is reserved for the convicts to the extent of ta'zir or ta'zir (including sharia and government ta'zir) and according to the right of qisas and diyat, the leadership The tail is placed, it can not order retaliation or blood money.

Globalization, the rise of urbanization, the growth and expansion of economic and trade exchanges, have given contracts special opportunities. Therefore, the present article seeks to review the "procedure of judicial courts in issuing decisions to modify the contractual obligation.

According to the thematic documents presented in this research, the method of comparative research and the method of data collection in this research is documentary-legal analysis.

In Iran, according to Article 230 BC, while there is no single judicial procedure, it has been emphasized that it is not possible to adjust the obligation, which is not compatible with the rules of justice and fairness, prohibition of void property. It is proposed that the obligation be adjusted until the amendment of the said article in accordance with the French Civil Code, at the request of the parties.

Ethical considerations:

 In different stages of writing this article, ethical principles have been considered, including paying attention to the method of scientific and ethical reference.

The lack of a contractual legal framework and the lack of a proper legal explanation of the theory of unpredictability are the two main challenges in Iranian law in relation to the adjustment of the obligation. It is necessary to pay attention to the necessity of respecting the principle of freedom of contracts on the one hand and preventing the violation of the rights of the weak party to the contract and the conditions prevailing at the time of concluding the contract by emphasizing the inner will of the contracting parties.

Considering the significant progress that has been made in the field of criminal legislation, these laws still need to be amended. Among other things, taking advantage of the views of jurists and Islamic scholars on acts such as adultery, the corresponding crime of which is also stated in the Islamic Penal Code, the famous sayings of jurists or their theories have not been considered as criteria. For this reason, the present study seeks to address the sacred views of Ardabili and the Islamic Penal Code on adultery.

The method used in the present study is descriptive and analytical, which deals comparatively with the sacred views of Ardabil and the Islamic Penal Code.

Regarding adultery, according to Article 225, the hadd punishment for adultery is stoning for adultery and adultery, but if stoning is not possible, if the crime was issued with evidence, it will result in the execution of adultery and adultery, otherwise it will result in one hundred lashes for Each is. This is while the saints of Ardabili have only stated stoning regarding adultery. Regarding the proof of adultery, in addition to the four confessions or testimonies of witnesses agreed upon by the researcher and the law, the knowledge of the judge has also been added to the Islamic Penal Code.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Muqaddas Ardabili considers the repentance of an adulterer or adulterer to cause the hadd to fall, but in the Islamic Penal Code for adultery, if it is with confession, repentance before proving adultery can be accepted, but if it is evidence, repentance is not acceptable. Also, Moqaddas Ardabili knows the limits of adultery for an adult and a wise person, but according to Article 228, if adultery is immature and adultery is adult, adultery will not be punished, but the adulterer will receive 100 lashes, whether he is a prostitute or not.

Adapting fundamental human rights and freedoms to issues such as national security is one of the difficulties of any political and legal system. Given the importance of the discussion, the present article seeks to examine the limits of fundamental freedoms with crimes against national security from the perspective of Islamic criminal law.

The present research is of a fundamental and theoretical type. The contents of the present article have been collected by using books, articles and researches.

Lack of security and protection of individuals from internal and external threats, can not organize a free society based on fundamental human rights. The philosophy of criminal law in Islam is to provide security for all citizens, which is also called national security.

Ethical considerations: 

The present study has been written by considering the principles of citation, accurate and appropriate use of scientific resources and observing ethical and scientific methods in using the resources used.

Adopting punitive positions for armed and terrorist activities, warlords, gardeners and insurgents, is only in order to establish security in the Islamic society. Achieving national security requires criminal law and therefore there is no conflict between fundamental freedoms and national security in Islamic society.

Criminal guarantee of human rights standards is an important issue and a point of discussion. This article seeks to examine the fact that the legislature has provided an executive guarantee for the protection and protection of these rights.

The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.

The findings of the study indicate that in Iranian criminal law, the guarantee of implementation of some human rights standards related to the accused, such as violation of the prohibition of torture, violation of acts and orders of the judicial authority, violation of the rights of detainees, violation of criminal security agreements, violation of independence and Impartiality of the investigator and the judge and violation of privacy are punishable by imprisonment, dismissal and deprivation of service. But there are also gaps, such as the lack of enforcement guarantees for some rights, such as the right of access to a lawyer, which allow the accused to be deprived of his rights.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

It is necessary for citizenship rights to have the necessary criminal enforcement guarantees and in cases such as the right of access to a lawyer; a proper enforcement guarantee should be developed.

Addressing the problems and issues of prisoners is one of the important concerns of political systems in order to establish criminal justice. The present article examines the models of prison privatization and the objections to it, examines the position of Iranian and American law in this field and answers the questions: Is private sector intervention in Iranian and American law possible? And which private sector intervention in law? Which of these two countries is more feasible?

In this article, a descriptive-analytical method and a study of private sector intervention in prisons in Iran and the United States have been compared. Discussion materials have been collected by referring to documentary sources.

In Iranian law, despite the lack of legal provisions regarding private sector intervention in prisons; The private sector entered the prison guard system in 1994. Private sector intervention in the Iranian prison guard system has occurred twice, the first time successfully and the second time unsuccessfully. Research in this area indicates that private sector intervention in the United States is at a higher level than in Iran, both quantitatively and qualitatively, due to the passage of relevant laws.

Ethical considerations:

The various stages of the research have been done with ethical considerations in mind, including the principle of referral, correct and scientific use of relevant resources, and the principle of fiduciary duty.

Due to its long tradition of privatization, the United States has a relatively successful example of private prison management. This approach is applied through two Anglo-American models (privatization of all prison wards) and the French model (administration by the private sector and security by the government). But in Iran, despite the stipulation of privatization in the prison regulations, two failed experiences in Adelabad prison in Shiraz and Vakilabad prison in Mashhad have reduced the tendency of the judiciary to privatize prisons. In addition, problems related to the management of prisons by the private sector and the lack of sufficient security to manage the affairs of prisoners are among the reasons for the suspension of this project.

The formation of a political system in Islam is one of the basic ways to implement religious rules and regulations. However, the preservation of the political system is also an important step in this direction, which is pursued in various ways by the five religions of Islam. Due to the position of protection of the Islamic system, the present article seeks to discuss how to protect the Islamic system in the eyes of the Fifth religions.

The method used in the present study is comparative, descriptive and analytical and the collection of articles is done by library and documentary methods.

In the political system considered by Imami jurisprudence, the basic principles in protecting the system are followed through jurisprudential rules, i.e. the sanctity of disrupting the system, the rule of expediency, denying the separation of religion from politics, observing moral principles, government rules and the basis of justice, but in the four Sunni jurisprudences, the protection of the political system revolves around coercion and domination and giving authority to the ruling person to govern society.

Ethical considerations: 

In writing this article, ethical principles such as fidelity in the use of resources, the use of original and scientific resources, as well as accuracy in the use of documentary material have been observed.

The protection of the political system in Shiite jurisprudence is based on the observance of justice, the establishment of religious rule, legitimate jihad, the necessity of maintaining order and also the interest of the general public. But Sunni jurisprudence reinforces non-patriarchal tendencies and seeks to empower the ruler and shape rigid relationships for protection, rather than based on the rights of the masses, their well-being, and the implementation of sharia law. It is from the political system.

Among the duties of municipalities is the development of the city; Sometimes the implementation of development projects is hampered by the private property of individuals. The question is, what are the mandatory rules for seizing private property located in municipal development plans?

The method of this article is descriptive and analytical based on books, articles and researches to collect data and information.

The necessity of seizing private property by the municipality, which is necessary for public services and upgrading the city, in some cases, limitation or expropriation of private property for the municipality and the government becomes inevitable.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

If the civil works of the municipality are ordered by the Shari'a governor: consequently, the Shari'a ruler decides this or for the benefit of the Muslims, and if someone who is authorized by the governor rules, this is permissible and effective.

There has always been fundamental disagreements over granting the customs house the enforcement of law regarding all customs services on behalf of the government. Legal requirements for extraterritorial commerce necessitates dealing with customs differences quickly and precisely.

This is a descriptive-analytical research. Data were collected using the library method.

Ambiguity, brevity, and complexity are the biggest issues facing customs controls. Moreover, lack of specialization, customs authorities' inability to lodge an appeal, dependence of the judge and pending institution, and prolongation of hearing pose serious challenges to Iran's customs disputes legal system.

 This research was conducted in a way to protect the originality of documents, honesty, and professional courtesy.

Legal norms are becoming increasingly specialized. That's why this would now necessitate establishing specialized and technical relations among juridical personnel. To this end, dispute settlement bodies are needed. These competent courts, by considering substantive rules which have a higher level of technique, would design specialized adjective judgments and procedure codes. As a result, judges would not only have specialized knowledge but also know legal principles to deal with cases.

The conditions, criteria and scales of the contracts’ revocation right in the international and domestic documents have been proposed respectively in feedback treaty and Iran’s general contracts’ conditions. The mechanisms required for the contract revocation and the contractors’ adherence to their obligations are noted, including in articles 46 and 48 of the general contracts conditions. The present study seeks investigating the effects and the outcomes of employers’ unilateral contract revocation in regard of the contractors from judicial perspectives.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The general contract conditions, including in articles 46 and 48, are expressive of the legal relations between the employer and the contractor and, of course, due to the conditions stemming from the employers’ connection with the government, the latter’s domination over the various sectors of the civil reconstruction affairs and its appointment of the intended employers, have caused the employers to find themselves in unequal conditions. Relying on the same law and the other regulations that are enacted by the government, the judicial procedures, as well, permit the employers to unilaterally revoke the contracts and require the contractors to compensate the losses. Putting the contractors aside from the projects, filing lawsuit for their compensation of the losses and their replacement by the employers’ intended individuals are amongst the consequences of the judicial approach towards the parties’ revocation of the contracts.

 In all of the writing stages of this research paper, the author has, meanwhile observing the texts’ originality, stayed adherent to such principles as honesty and trustworthiness.

The contractors’ conditions in Iran have created a sort of legal inequality amongst the parties due to the fact that the civil reconstruction affairs are done exclusively by the government and the employers are appointed by the governmental authorities and are in close contact with the relevant ministries and institutions. This inequality is observed in the form of the punitive and financial means, loss compensation and projects’ shutdown. Therefore, the contractors’ conditions are shaky in the general contracts conditions and, particularly, articles 46 and 48 for they are in favor of the employers. The amendment of the aforementioned articles and adoption of an equal approach in the general contracts conditions, specifically, and delegation of the civil reconstruction affairs to the private sectors, in general, are solutions for reducing the filing of loss compensation lawsuits against the contractors and establishment of a sort of legal and right balance between the parties.

The Supervisory Board, the subject of Article 6 of the Law on Registration of Deeds and Real Estate, as a reference for handling all disputes and registration errors, lacks a formal procedure and implementation of the current method, insists on shortcomings that do not help the country's judicial situation and law enforcement policy. In this article, we will seek to provide solutions for the fundamental reform of the organization and the review process of the Supervisory Board in accordance with the transformation document of the judiciary.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

It may be possible to take steps to expedite and facilitate proceedings with minor amendments, including the expansion of delegation, the establishment of multiple and specialized branches, the revision of executive regulations and registration directives. But shortcomings such as the lack of substantive involvement of the board in registration disputes due to lack of necessary tools, Impossibility of issuing final dissenting judgment, Lack of independence and complete neutrality, Weakness for right to a face-to-face and public hearing, Inequality in the use of defense facilities, Violation of the right to be heard by the defendants and the impossibility of the lawyer's involvement in the proceedings, The lack of codified rule of procedure.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Effective changes can be made in a set when structural and normative reforms are designed and approved in parallel and in harmony. As a result, fundamental reforms are needed to address these shortcomings. Fundamental reforms, in turn, fall into two main categories: Reforms related to the organization of the supervisory board and other, amendments related to the review process by the supervisory board.

Along with the complexity of labor relations, the level of conflicts and the occurrence of differences in the workplace has been a significant trend. Although, according to the principles of the Constitution, the principle is the jurisdiction of the judiciary to hear all civil and criminal cases, but to address some of the disputes of the people in the jurisdiction of specialized judicial authorities such as the Court of Administrative Justice and part of them in the jurisdiction of specialized administrative authorities (quasi-authorities) Judicial) such as the Dispute Resolution and Dispute Resolution Boards of the Ministry of Labor. Our purpose in this article is to explain the nature and principles of litigation in quasi-judicial authorities.

This descriptive-analytical article has been prepared using documentary method and filing tool.

The findings indicate that; If the true nature and position of quasi-judicial authorities are properly explained. And to regulate their competence and mechanism on the same basis, will be the solution to many administrative and judicial problems of the country, and in the absence of explaining the nature of such authorities and hasty judgments about them, not only reduce the problems of the judiciary. It will not, but it will cause the accumulation of lawsuits and complaints in the courts of justice and the involvement of judicial authorities in scattered and numerous issues.

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

Today, due to the multiplicity of laws, regulations and legal rules and the variety of lawsuits and the breadth of cases and variety in lawsuits on the one hand and the need to address various issues as well as the large number of cases under review on the other hand, This article has explained the nature of quasi-judicial authorities and the principles of proceedings in the mentioned authorities.

The general rule of inheritance has one exception, and that is the issue of inheritance between the drowned and the downtrodden. The purpose of this article is to explain the possibility of extending the sentence to other similar cases of drowning in case of ignorance of the date of death of two or more people.

The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.

It should be considered that death is not characteristic of drowning or drowning; Because the meaning of wrong judgment and ignorance is in the precedence and delay of death. Also, the cause of inheritance in the two titles of drowning and drowning is to eliminate the effect of ignorance on the date of death and to establish its precedence and delay among the heirs. Therefore, the cause that requires inheritance in drowning and mourning is also present in other similar cases.

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The esteemed legislator should take a corrective look at Article 873 of the Civil Code and the exceptions to it, or at least the esteemed judges should show more flexibility in interpreting the concept of drowning and demolition Assist the realization of the right to inheritance of heirs.

One of the most important aspects of human life that has been influenced by advances in science and technology is the e-commerce space. In this space, one of the important variables is the "payment process" and one of its important tools is the cryptocurrencies. The purpose of this study is to analyze the nature of cryptocurrencies from the perspective of the jurisprudence of the international legal system.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Findings show that in the field of jurisprudence, considering the principles and rules of jurisprudence, there is no explicit prohibition regarding the permission to consider cryptocurrencies as an example of the concept of property and their transactions seem correct. On the other hand, in the field of international law, governments, and in particular the first economic powers, for various reasons, which have been reflected in numerous reports of international economic organizations such as the International Monetary Fund, the World Trade Organization, etc. The cryptocurrencies are viewed with skepticism.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The results show that from the perspective of government jurisprudence, the use of cryptocurrencies has many challenges because cryptocurrencies lack national support. On the other hand, this issue has caused that in the field of international law, commercial-financial organizations are not willing to explicitly identify cryptocurrencies as money in the form of binding documents.

Achieving justice is considered as the main goal in any legal system to resolve disputes. Legal methods of dispute resolution are also divided into two categories: arbitration and justice. Flexibility and agreement is one of the features of the arbitration process. The purpose of this study is to identify the effects of formal justice in the arbitration proceedings.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In arbitration proceedings, one of the most important challenges is the principle of access to justice, but it should be noted that although arbitration is based on the free will of the parties, but the principles governing these proceedings inspire the rule of justice in such proceedings. There are many principles and rules in arbitration. The reason for the importance of arbitration and the attention of the parties to the dispute to resolve the issue through arbitration also stems from the fact that arbitration is one of the most important behaviors that provide justice in resolving disputes.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Due to its fairness, the arbitral tribunal does not seek formal justice, and if there are manifestations of formal justice in it, these manifestations can be modified under the rule of the plaintiffs.

According to the normal practice of world trade, all foreign direct investment contracts must pass through the Financial Action Task Force (FATF) and be supervised by this international body. But in Iran, opponents of joining the FATF believe that Iran's membership is in conflict with the principles of the country's foreign policy. Accordingly, the present study seeks to answer the question of how to resolve the conflict between the need to join the FATF and the rule of negation in order to develop foreign investment.

In this article, a descriptive-analytical method has been used to investigate the issue. The content of the discussion has been done by referring and collecting the materials in a documentary and library way.

The solution to the conflict of Iran's accession to the FATF is to use jurisprudential rules such as: expediency, it is important to maintain the rule of denial of domination, to solve internal and external problems to develop relations with other countries, attract capital, become stronger The country is achievable to counter the enemy threats as well as to use financial instruments to interact with friendly countries and in line with independent foreign policy in the world. Regional and international isolation and non-accession to this international body both exacerbate domestic and international problems and pave the way for false accusations against Iran.

The various stages of the research have been carried out by considering ethical considerations such as observing the principle of referral, correct and scientific use of relevant resources and the principle of fiduciary duty.

Utilizing the rule of expediency and the importance of the Supreme Leader of the Islamic Republic and obliging domestic institutions, including the Expediency Council to resolve the conflict of joining the FATF and removing restrictions on foreign investment need to politicize Iran's accession to Is the FATF. The next step is to try to get off the FATF blacklist and understand that international isolation is an obstacle to attracting foreign investment and distorting the lives of citizens, which is not accepted in Islamic jurisprudence and discourse. Also, financial interaction and relations with the countries of the world, both in the FATF issue and in other issues, should be considered as a dignified pursuit of the demands and rights of the people.

Access to firearms, if expertly and not observed in all aspects, as much as it has positive effects, may have many times the negative consequences. In this regard, the researcher believes that many factors to access Firearms should be considered not only in Ilam province but also in the case of the applicant in general. The goal that we pursue in this research is the control and expertise of the transfer of firearms by the competent institutions and, consequently, the reduction of murder and other places by firearms.

This descriptive-analytical article has been prepared by using the documentary method and using fishing tools.

The findings indicate that; Access to firearms in Ilam province has positive and negative consequences, and in case of criminalization, carrying a firearm with a license has harmful consequences of criminalization, including: 1- Deprivation of the right of access to weapons 2 - Increased criminal population 3- Criminal inflation mentioned, but in addition to these negative consequences, there are also positive consequences, including: 1- Reduction of crime and murder statistics 2- Feeling of security in society. Therefore, if the transfer of weapons is provided to individuals in a disciplined and expert manner, its negative consequences will be eliminated.

This article has been prepared from the beginning to the end with adherence to the principles of honesty and trustworthiness.

Although positive and negative consequences have been considered for access to firearms and criminalization of authorized firearms, but despite its positive consequences, it is not worthwhile to distribute and buy and sell firearms without regulation, and grant a license. Carrying weapons to unqualified persons, facilitating the commission of crimes related to firearms, and facilitating the financial and human security of members of the community at risk. Therefore, if the issuance of weapons licenses is not in accordance with the rules and global factors, it will have dangerous consequences for the physical and mental health of the special community in Ilam province.

The authors of the UN Charter, in order to achieve the goals and ideals contained in it, have paid attention to justice and its equations, and have drafted this document in such a way that the traces of the justice seekers of the universe can be seen in its place. Thus, by examining the Charter, it can be concluded that the standards of justice and the principles of international law are interrelated, and this is a necessity for the continuation of the life of the organization and a basic condition for achieving international peace and security. The purpose of this study is to describe justice in a document that has affected a large number of convergences of world governments.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that the actions of the pillars of the organization in the development of humanitarian rights and efforts in the peaceful settlement of international disputes are among the examples that have revealed the fundamental relationship between the concept of justice and the gradual development of international law.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

However, in practice and in the form of some actions of the United Nations pillars from an idealistic point of view, the violation of the principles of justice can be clearly seen. But a realistic view and attention to the gradual development of international law and its requirements in the third millennium, justice is not considered a necessity of international relations, and this view brings to mind the right to justice, not justice as a right.

Today, as human and international relations become more complex, the need to align doctrinal principles with domestic and international law has become increasingly apparent. The present article has been prepared with the aim of examining the issue of homeland and citizenship in jurisprudence and the subject law and practice of different countries regarding the issue of citizenship.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Citizenship in Imami jurisprudence is based on two foundations of belief (faith) and membership in the Islamic government (covenant). Accordingly, in the principles of Imami jurisprudence, a person who believes in Islam in the Islamic government or resides in the territory of the Islamic government as a follower (followers of other religions and prophets of the Book) has the citizenship and support of the Islamic government. As a result, some residents of Islamic lands who believe in their traditional (non-monotheistic) beliefs are excluded from government support. In positive law, the institution of citizenship represents a material and spiritual relationship between the individual and the government, which is either rooted in the individual's origin or, depending on the conditions set forth in the law, is acquired by the individual or granted by the government. By citizenship, both the individual and the government assume obligations to each other.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Since the rights in question must be assigned to all the inhabitants of the land in terms of citizenship coverage, Therefore, it generally determines the citizenship of individuals based on the two criteria of soil (place of birth) and blood (ratio) and adjusts it with sub-criteria such as occupation, which is the case in most countries, including Iran. Thus, there seem to be differences in the application of jurisprudential and legal views on the issue of citizenship, and since the purpose of implementing jurisprudential rulings and legal laws is to administer justice to all citizens under the rule of the Islamic country, it seems necessary for jurisprudential scholars and legal experts. Efforts are being made to create a theoretical consensus between the two perspectives.

Punishment is one of the most common tools and manifestations of social reaction to the commission of a criminal act. In criminal law, punishments are chosen by legislators to achieve the goals of the criminal justice system. In the present study, the main goal is to what extent alternatives to imprisonment can achieve the goals pursued in the design of punishments.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Inspired by new perspectives on criminology and criminal science and criminal sociology, the United Nations criminal policy and advanced contemporary legal systems are based on the premise that prison use faces challenges, one of these challenges is the failure to achieve the goals of punishment in imprisonment.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The punishment of imprisonment has some characteristics and purposes that prevent the commission of a crime and in return has consequences that have a negative impact on the offender and society. Given the disadvantages of imprisonment, alternative punishments are discussed. Lawyers attributed positive features to alternatives to imprisonment, provided they were implemented correctly, accurately, and in principle, which could reduce crime in society; Including meeting punishment goals such as: Correction of the offender, means to adapt to society and to act as a committed citizen in society. Deterrence, both for the offender and for members of society, his assistance and supervision, strengthening the sense of responsibility, increasing the offender's commitment to society, increasing his presence in society, civil society participation in the execution of punishment and characteristics that do not have negative consequences of imprisonment.

Witness of testimony is one of the proofs of litigation that consistently has been used in human history, and in criminal issues is known as the main method of proving litigation. The purpose of this study.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

This reason is divided into sharia and non-sharia testimony in the Islamic Penal Code and sharia testimony is about sharia crimes in which testimony have subjectivism and the witness must have special conditions.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In addition to the fact that the witness must have special conditions in order for his testimony to have a positive value, the content of the testimony itself must be in terms of quality in such a way that its nature can be understood and the judge can reach a conscience. Developments in Iranian criminal law in the field of method or subjectivity of evidence and the allocation of part of the law to the discussion of witness testimony have caused that this religious testimony has no positive value if it is contrary to the judge's knowledge, even in crimes where testimony is relevant.

All political and legal systems are a function of a single political structure. In Iran, the system structure is in the form of a semi - presidential - parliamentary form and is run in Presidential. the purpose of this study is to answer the question whether the unity of leadership status and executive authority is better or the multiplicity of it? that is, in the united states, the unity of the two (leadership, executive) has been formed, it is best (individual executive power) or duality (two branches of executive power) in iran.

This paper is descriptive analytical, and it has been developed using documentary method and taking note of note tools.

The findings indicate that the ruling system in Iran is a semi - parliamentary system, a system of governance that is integrated with the administrative system and the parliamentary system. And in the US legal system (the constitution) of the United States, a federal government, which has a national government and a double government, is the federal executive of the Presidential Administration.

From the beginning to the end of the article, it is formulated and formulated by adherence to the principles of honesty.

In this semi - presidential - presidential model that is ruling in Iran, such as Presidential Presidential systems, it is responsible for the Presidency of the Republic, which represents a national sovereignty and enjoys political responsibility to the parliament, and parliament is capable of overthrowing the government with a vote of confidence. in the presidential model, which is a model in the political structure of the united states, the Presidential model is usually the single entity and all executive powers and executive powers are available to the president, the president is the country's highest official and enjoys his authority.

Municipalities are one of the most important local institutions in the structure of administrative law in Iran. One of the important issues related to local institutions is the budget of these institutions. The purpose of this article is to review the legal system governing municipal budgeting; It's its challenges and solutions.

The article is descriptive-analytical and has been studied using the library method and data collection has been done by referring to documents, books and articles.

The mayor and the city council are the most important factors influencing the formulation and approval of the budget in the municipality. Inadequacy and weakness of budgeting laws, weak budgets of municipalities due to incomplete decentralization model in Iran, lack of coordination of municipal budgeting with the principles of budgeting, weak supervision and implementation guarantee in the budget of local institutions and lack of strong executive guarantees are the most important challenges Municipal budgeting.

 In all stages of writing the present study, while respecting the originality of the text, honesty and trustworthiness have been observed.

The need for strategic planning-based budgeting, making reforms in the municipal budget system and paying attention to strategic planning in the budgeting system is the most important solution to address the challenges in municipal budgeting.

Marriage has a special nature among contracts, which has made it very difficult to interpret the rules related to it. The right to imprisonment, which is commonly used in exchange contracts, has been interpreted differently in marriage. On the one hand, the realm of the right to imprisonment in relation to general and specific obedience, and on the other hand, the status of the couple's bondage and its effect on the right to imprisonment is a point of contention. Given the couple's remarriage based on a court order, this would preclude the wife from exercising her right to divorce, as stated in the marriage certificate, although there is disagreement as to the possibility of exercising the wife's right to divorce, with or without a court order. is not. The purpose of this article is to analyze the conflict between harmless (wife's right to imprisonment) and harmless (husband's lack of pleasure) in the couple's relationship.

This descriptive-analytical article has been prepared using documentary method and filing tool.

The findings indicate that, in the conflict between two unruly or one unruly and one harmless rules, the well-known view is that both are abrogated and refer to the basic arguments that the wife's right to imprisonment is maintained.

 This article has been prepared and compiled in all stages of writing, adhering to the principles of honesty and trustworthiness.

The jurists have considered obedience in the discussion of the right to imprisonment as a special obedience. When the dowry is due, the wife's right to imprisonment will undoubtedly be lost, but if the payment of the dowry is subject to the husband's financial means, it will have two important effects. One is the abolition of the right to imprisonment, the subject of Article 1085 AH. M due to the implicit confession of the wife to the husband's marriage and the impossibility of imprisoning the husband. This issue will be consistent with the interpretation of the jurists' theory that the dowry is valid whenever possible and in a way removes the harmless conflict (wife's right to imprisonment) and no embarrassment (husband's lack of pleasure) in the couple's relationship. Imamiyya confirms this method.

The issue of transfer is of great importance with the expansion of relations in the field of international trade and the need to increase the speed of exchanges. On the other hand, in the field of contracts, which is most used in the field of international relations and trade, conflicts and disagreements are less than in other branches of law. One of the important issues in this field is transference. The purpose of this study is to investigate the degree of compliance of the concept of transfer in the Iranian legal system with this concept within the framework of the principles of European contracts.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The findings of the present study show that the regulatory vacuum in the Iranian legal system in relation to transfer seekers is strongly felt. On the other hand, the principles of European contracts, by resorting to the mechanism of soft law (non-binding law), have provided a framework in relation to the transferee.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The framework of the principles of European treaties relating to transferability is, firstly, relatively flexible, and this flexibility is such that the common law systems of Rome and Germany-Rome are digestible and acceptable; Secondly, the framework presented in the principles of European treaties is not in conflict or even in conflict with the principles and rules of Imami jurisprudence as the main basis of the Iranian legal system And the Iranian legislature can use this framework to reform and adapt the domestic legal system to the needs of the field of contracts and obligations.

With the expansion in the population of prisons in Iran and the international considerations related to the emphasis on implementing the systematic principles and regulations in a prison environment, rethinking and doing pathological research about implementing the rules governing the prison has gained importance. The goal of the present study is the criminological challenges of standardizing the regulations governing the prison in Iran with a glance at the international documents.

This descriptive-analytical research uses a documentary and note-taking method for advancing the study objective.

The study findings signified that the regulations governing the prison have a multiplicity of rulings in Iran’s laws, especially the guidelines of the prisons organization and regarding the training and security measures and the related international documents, as well, have not been adequately taught and are not being very well implemented. In addition, maximal exigency-preference by the executive-judicial institutions in interaction with inmates has caused distancing away from adherence to regulations governing the prisons and divergent treatment of each of the persons sentenced to incarceration.

 Principles like honesty and trustworthiness have been observed from the beginning of the article to the end.

Under the current conditions, no serious effort is made in our prisons for achieving the goal of remaining adherent to the prison regulations. Factors like misbehavior by the guards and staff members towards the prisoners, method of keeping the prisoners, non-observance of hygiene principles inside the prison, population burst inside the prisons, lack of proper room and conditions, on the one hand, and the other legal gaps and insufficient supervision, on the other hand, are amongst the factors that have not only led to punishments’ ineffectiveness and non-correction of the criminals and decriminalization but also set the ground for the expansion of crimes and adding to the number of criminals.

The right to a fair trial includes a set of principles and rules designed to protect the rights of the parties to their litigation. These safeguards are enshrined in international human rights instruments, such as the Universal Declaration of Human Rights, the Covenant on Civil and Political Rights, the European Convention on Human Rights, and the American Convention on Human Rights, as one of the fundamental human rights recognized.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Findings show that the international principles of fair trial, if implemented with care and courage, will strengthen public confidence in a fair and credible trial because the health and correctness of the actions of other powers depends on the health of the judiciary.

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

The principles of fair trial in civil proceedings are common to EU law and Iranian law. But in both Iranian law and the courts of the European Union, the principles of fair trial are not explicitly guaranteed, and the guarantee of enforcement is due to the acceptance of the spirit of the principle of fair trial as enshrined in Iranian and European Union law, nor is the enforcement guarantee explicitly intended for a fair trial.

In the past, it was not possible to hold the government accountable, but today there are various responsibilities for the government, one of which is leasing companies, which, despite sanctions, provide the most assistance to the economy. And our industry and need support. Our purpose in this article is to explain the civil liability of the government to leasing companies in special circumstances of sanctions.

This descriptive-analytical article has been prepared by using documentary method and filing tool.

The findings confirm that; There are cases in which the government competes unequally with leasing companies instead of supporting them. Which is directly related to the losses of leasing companies in case of unregulated and unregulated imports. Therefore, the government is obliged to always consider all aspects of the issue when deciding on imports and using expert opinions, To import goods to the country.

 From the beginning to the end of the article, it has been prepared and compiled with adherence to the principles of honesty and trustworthiness.

if the government inflicts damages on leasing companies in the field of improper import of goods, makes a mistake or error in decision making, the issue of government civil liability is raised. On the other hand, sometimes consumer rights conflict And the producer forces the government to choose between the two existing rights, and sometimes governments may prioritize consumer rights over producer rights for the sake of public welfare or other considerations. The spirit of jurisprudential and legal regulations does not allow these losses to remain without compensation

 The world of law is designed based on logical rules and their order. These rules and regulations justify legal norms. In other words, it causes legal norms to be accepted and implemented by society. The purpose of this study is to investigate the legal aspects of marriage gifts in the light of legal formalism.

 This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

 The findings of the present study show that there is a certain multiplicity in relation to the nature of marriage gifts from the perspective of logical order. This multiplicity can be sought in the specific principles of these gifts, namely the aspect of benevolence and the aspect of savings and savings. On the other hand, this multiplicity is not acceptable within the framework of the classical order of the legal world.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In connection with the multiplicity governing the nature and effects of Shabash, it should be noted that looking at the world of law from the perspective of postmodernism and the complexity of the relations of the subjects of law has caused failure and refraction in the world of law; That is, traditional classifications cannot cover the current complex relationships of legal entities.