نشریه حقوق و مطالعات نوین
سال سوم شماره 1 (پیاپی 6، بهار 1401)

With the advent of the school of restorative justice, impunity has been upheld. Parallel to the teachings of criminology of social reaction, victimology was formed. This change of approach brings to mind the change in the realm of truth discovery. According to the research variables, the research findings have been analyzed by documentary, library, qualitative, basic and descriptive methods. The new realm of truth discovery has emerged in the criminal procedure procedure adopted in 1392 in the form of social responses to crime, victim-centeredness, increasing citizen participation, use of quasi-judicial institutions and anticipation of civil institutions to resolve disputes such as criminal mediation. . The criminal justice system with a relative deviation from the traditional (classical) realm has tended towards participatory criminal policy; And in a way, the principles of the criminal justice system in the legislative reforms of 1392 have become closer to the principles of the civil justice system.

Considering the increasing growth as well as the importance and position of FIDIC construction contracts in the international community, knowledge of existing laws and regulations in this area has also gained special importance. When unforeseen, unwanted, or following negligence of one of the parties to the contract occurs after special circumstances, one of the most important issues is to be aware of the conditions of responsibility and methods of compensation for damages that are somehow caused by non-implementation. obligations and other cases are correct and will play an important role in eliminating the losses that have arisen for each of the parties. Getting to know the damage compensation methods as one of the pillars of FIDIC construction contracts is a general framework that explains the limits of powers, obligations and responsibilities of the involved factors such as the employer, contractor and consulting engineer, the existence of any defects, ambiguity and contradictions in The contents of this collection will have a significant negative impact on the successful completion of the project. This research, while carefully examining one of the widely used international contracts, explains how to compensate the damages caused to the contract parties and tries to find a suitable solution to remove the damages in these contracts.

The bad faith caused by the lack of good faith of the western parties and especially the United States in the months after the implementation of the JCPOA and more concretely after the beginning of Trump's presidency, are in conflict with the good faith in the implementation of the international obligations of the JCPOA and considering According to Security Council Resolution 2231 on the necessity of full implementation of the JCPOA and refraining from any action that weakens this cooperation document, the statements of the US President and some actions taken by his team and the Congress of this country regarding the JCPOA, as the European Union and the countries Europeans and Russia also acknowledge it, it is considered to weaken this document and contrary to the spirit of JCPOA and the binding resolution 2231. The question of the present article is, what was the theoretical starting point of the difference in the sanctions diplomacy of the Trump and Obama administrations towards Iran from the perspective of international humanitarian law despite the country's commitment to the JCPOA obligations? The hypothesis of the article is that while the sanctions policy of the Obama administration was mostly based on the motive of making Iran commit to international norms, the main motive of the Trump administration is to advance the maximum interests of the United States regardless of international legal restrictions. From this point of view, the JCPOA has been considered an efficient agreement for the Obama administration and ineffective for the Trump administration. The hypothesis theoretically relies on two theories of realism and liberalism about the function of sanctions in international relations. This hypothesis will be analyzed in an analytical-explanatory manner and based on reliable data.

First of all, it has been tried not to consider decentralization only in the concept of federalism, and from the introduction of the theoretical foundations of the types of government, keeping in mind that the lack of human development is currently evident, and the presentation of the theory of federalism is a positivist approach, not a philosophical one, which Decentralized administrative system from a simple form of government or a single cloth should be reasonably deduced from the current existence of Afghanistan, because the emphasis on local democracy is a form of nation-building and the balancing of public opinions to achieve the republic, which originates from the heart of the society, in the provinces as well. In the context of globalization and the influence of neighboring cultures, regionalism has become a new identity in the country and the world, and the merits of the decentralized administrative system are more dominant than any other in order to be regionalist and have the upper hand of the provinces in administrative matters. And making the government more centralized in the acts of sovereignty and authority is part of the world, and the selection of local and government channels causes the strengthening of meritocracy, which is based on the negation of the division of power between ethnic groups. Of course, centralization and its negative consequences in the last two decades had made the amendment of the constitution a necessity of the current era, which has led to the presentation of different and unstable models of government. Of course, the presentation of the models is not too much from the research and academic path, but by the offending parties and groups in the country. This article has been researched with a descriptive analytical method and from the expert point of view of public law, it has deduced the ideal model of the administrative system for the future system of Afghanistan.

In today's world, e-commerce accounts for a significant volume of commercial transactions, and the electronic transfer of funds plays a key role in its implementation. Regardless of the trading features of electronic funds transaction, as a method of payment that has direct effects on the policy and monetary system of countries, this type of transaction also overshadows consumer rights. Therefore, this article was conducted to investigate the legal effects of electronic funds transfer in relation to financial institutions and descriptive-analytical method. Studies have shown that, in Iranian law, a comprehensive law to clarify the legal rules governing transactions has not been adopted, and the only regulations adopted in this regard are the instructions approved by the Central Bank, the most important of which are the instructions. Issuance of payment order and transfer of funds approved in 1385 and regulations governing payment service providers approved in 1390. Article 4 of the Law on Interest-Free Banking, approved in 1983, obliges banks to repay the principal of customers' deposits, so the bank can not relieve itself of liability by invoking the infiltrating act. Regarding other damages to customers, according to paragraph c of Article 35 of the Monetary and Banking Law of the country, merely citing damages to banking operations, causes the bank to be liable.

Computer fraud is considered to be the most common economic crime in cyberspace in terms of the creativity of its perpetrators and the ease and frequency of committing it. The current study was conducted with the aim of investigating the effect of the spread of the Covid-19 virus on the occurrence of computer fraud. The current research is a causal-comparative research that was conducted in a descriptive post-event manner. The statistical population in this research is all computer fraud cases located in the years 2017, 2018 and 2019 in Dashti city of Bushehr province. The research results showed that there is no significant difference between the average of computer fraud in 2017 and 2018, but the average of computer fraud in 2017 and 2018 shows a significant difference compared to 2019. Also, according to the paired t-test, there was a significant difference between the computer frauds that occurred in 2019 in terms of the significance level within the group. Due to the observance of health protocols after the spread of Corona due to people staying at home, the rate of some crimes, including home theft, in 2019 compared to 2017 and 2018 shows a significant decrease; But the crime of computer fraud had an upward trend and this shows that the spread of this virus has been effective in committing computer fraud.