نشریه تحقیقات حقوقی بین المللی
پیاپی 56 (تابستان 1401)

From the second half of the twentieth century, criminologists changed their views on crime and considered crime as something beyond the offender, and in this regard, the victim was also considered. The purpose of this study is to explain the victimization of women with emphasis on criminological and victimological theories. And theories of rational choice, routin activities and lifestyle are known as theories of crime opportunities, and the theory of victim precipitation is defined as the victimilogical theory. In this article, these theories are used as the most important basis for victimization of women.

The present research was carried out using a descriptive-analytical method.

According to the theory of victim precipitation, the victim has a role in the process of committing criminal behavior, and according to this role, the victim deserves blame, and the victim's actions, such as age, gender, are the primary characteristics that can make her a target for crime. her position in situations that make it difficult for her to make optimal decision.. But regardless of their role as provocateurs or facilitators or lifestyles, women deserve differential support because of their vulnerability characteristics. And opportunity theories, in addition to acknowledging that crime opportunities can belong to different domains, claim that opportunity factors interact in different domains.

The location of fixed oil facilities located in the continental shelf area outside the territorial jurisdiction of the coastal state creates limitations in the field of criminal protection for them. In this article, by using international documents and rules related to the cross-border implementation of criminal laws, the capacities of domestic laws in the field of criminal protection of these facilities have been examined. Based on this, we are going to investigate what criminal protection has been done in the regulations of the fixed oil platforms located in the continental shelf area?

The present research was carried out using a descriptive-analytical method.

Although the international custom has established the necessary mechanisms to apply criminal jurisdiction over these facilities in the form of the so-called Protocol to Combat Illegal Acts against the Safety of Fixed Oil Platforms in the Continental Shelf Region, an addendum to the Convention against Illegal Acts against Maritime Safety approved by Rome in 1988, but despite our country's accession to this protocol and its emphasis on criminal countermeasures against the act contained in the protocol by the member countries, no action has been taken regarding the criminalization of these acts in our criminal law and the possibility of using Its capacity in criminal protection has been taken away from this facility. Also, due to the lack of provision for these facilities in the cases of the actual jurisdiction of applying the Islamic Penal Code and the absence of any other specific law in this field, currently our criminal law in the field of protecting these facilities is facing a legal gap and only by resorting to legal generality. You can support them.

Today, the emergence and spread of macro-economic corruption in the country with large dimensions and numerous criminal titles has become news through mass media, especially in the virtual space, and inflames the psychological atmosphere of the society. Therefore, to prevent and fight against this sinister phenomenon, the etiology of economic corruption is considered the first and most important step, and the responsible institutions in the prevention and fight against economic corruption can definitely know the cause. The causes of economic corruption should take basic and effective measures to deal with this problem.

The present research was carried out using a descriptive-analytical method.

several reasons from the individual, cultural and social, political and economic dimensions for the occurrence of macroeconomic corruption can be counted, as well as things such as education and raising the level of public awareness, the role of civil institutions in preventing macroeconomic corruption, Equipping the media and developing codes of conduct are among the solutions for social prevention of macro-economic corruptions, which are emphasized in the United Nations Convention on Combating Corruption.

The purpose of this research is to investigate the rule of publicity in Islamic law and Western law from the perspective of government and legal costs. Today, in legal criminal policy, the economy of crime is one of the important issues, and the costs of criminalization, criminalization, and method should be considered. Less expensive ways to fight crime should be considered. One of the criminal measures that exist in all legal systems, both Islamic law and Western law, is to make public the crimes committed by criminals, especially those who commit crimes against state and public property or deprivation of public safety and comfort. In Islamic law and Western law, this is called the implementation of the rule of publicity.

The present research was carried out using a descriptive-analytical method.

The rule of publicity in reducing the costs of crime has been subjected to comparative research from the perspective of Islamic jurisprudence, Iranian law and Western law, and the findings indicate that in many cases, people who are prone to commit crimes by observing the punishment of the convicted are made public. have given up committing crimes, and publicizing the execution of punishments has reduced the commission of crimes and prevented many of their types.

In this research, the aim and goal is to refer to the permissibility of foreign investment activities and non-destruction of the environment according to the jurisprudential and Islamic rules; The effect of foreign investment in the destruction of the environment, which is contrary to the jurisprudential and religious principles of our country should also be addressed; Therefore, it is necessary to conduct this research to provide the necessary legal solutions to reduce and eliminate the negative effects of foreign investment on the environment, so that an effective step can be taken to manage foreign investment while maintaining environmental considerations.

In this research, analytical and descriptive methods have been used.

Considering the importance of foreign investment and its impact on the environment in recent decades, we decided to first examine the position of Islamic law on foreign investment and developments in the environment with reference to jurisprudential sources and then Explain and analyze the impact of foreign investment on environmental degradation and the proposed solutions in order to take an effective step towards balancing the environment and the flow of foreign investment according to the jurisprudential and legal principles for our country.

The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.

The present study is written by descriptive-analytical method.

The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber ​​is one of the main reasons for the inefficiency of Iran's criminal policy.

In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as waqf, treasury and government; However, using the logic of inference, solid reasons can be provided for this issue with strong jurisprudential support. In this article, the authors seek to answer the question of what jurisprudential basis is the attribution of criminal responsibility to governments?

The present study has been compiled by descriptive-analytical method with library study.

The authors, while typologizing government crimes and expressing the acceptance of the legal personality of the government in Islamic jurisprudence and also accepting the ability to assign criminal responsibility to governments, to general jurisprudential principles such as the book and tradition and specific jurisprudential principles including the rule of ta'zir The Deputy Prime Minister, the rule of expediency, the rule of invalidity, the responsibility for the conduct of another person, the rule of maintaining order, criminal justice and finally the morals have been discussed and the research results confirm that the criminal responsibility of governments - They have been legislated after 1392 - from the perspective of Islamic jurisprudence, it also has validity and legitimacy.

The impact of international laws on the normative system of internal laws of countries, especially in the field of law, is one of the interdisciplinary and important issues that is the subject of debate and challenge today. In the internal legal system, obstacles such as giving authenticity to cultural relativism and favoring a specific culture and legal system are an obstacle in this way, that is, the influence of international laws and regulations on the field of domestic law. Different parts of a coherent legal and judicial system, as they exist in internal law, can also be seen in the international law system in a different way. In Iran's legal system, many values of international law have been effective on the approval and change of procedural and substantive laws.

The research method is descriptive and analytical.

The main research question is what are the effects of the globalization of human rights on Iran's legal system? The author's hypothesis is that the components of human rights have found a global form as norms of international law. And although it could not affect the  constitution It has affected the internal system and especially the human rights of the countries It has affected the internal system and especially the human rights of the countries.

Today, businessmen in their international exchanges often use the contract of sale, which is sometimes breach by one of the parties, And inevitably, to compensate for the damage, compensation methods should be used in different systems of the world. In this regard, compensation for contractual damages has been fully accepted in most legal systems and international documents, which include the principles of European contracts and the principles of international commercial contracts, as well as the Convention on the International Sale of Goods But in Iran, internal legal rules are still used when necessary which has caused legal challenges in this regard.

The present research was carried out with a descriptive analytical method.

The findings of the present research showed that the principles of international documents that are important in the enactment of laws and principles governing contracts in terms of anticipating violations and termination and finally compensation have not been included in the legal rules of the subject as it should be, because the review and analysis The assessment of damages caused by breach of contract in Iranian law compared to international documents indicates the weakness of Iran's legal system, as a result of the need for Iran's judicial system to apply international principles and documents and legal rules governing contracts in line with commercial and economic interactions at the international level. And compensation for damages caused by breach of contract is necessary.

Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and religion, on the one hand, makes this branch of law have the nature of human rights And on the other hand, by concluding various conventions, it will have the nature of international law. The aim of the current research is to investigate the challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights in the territory of Iran's criminal system.

The present research was done with descriptive and analytical method and using library resources.

The findings of the research indicate that in the process of legal unification of domestic and international systems, some challenges in the field of criminalization of crimes that violate humanitarian rights and criminal responses in external and internal dimensions and in legislative axes. , judicial and executive available. The challenges are mainly rooted in political, fundamental, ideological, legal and structural dimensions that sometimes conflict with each other and make the process of integrating international rules into the domestic legal system difficult. Statistics of crimes and compilation of humanitarian criminal laws, compilation of special laws to protect women and children during peace and war and compilation of appropriate and fair criminal responses by using dynamic inference in Shia jurisprudence, together with considering the rule of sanctity and rejection of religion and Also, reforming the judicial structures is one of the basic solutions to overcome the challenges.

The Security Council is essentially a specific or status-oriented pillar under the Charter, in other words, the member states have asked that pillar to respond to a particular situation or dispute.However, in the aftermath of the Cold War, the Council occasionally issued resolutions aimed not at resolving disputes between two or more members or in a situation that endangered international peace and security, but at preventing threats to peace or diplomacy. Peace building is preventive. In fact, these resolutions have a specific audience, such as women and children.

The present article tries to explain the mentioned resolutions in a descriptive-analytical way.

Determining that these resolutions do not seek to resolve an issue related to a particular situation, but rather to resolve an issue and problem that is spreading in the international community and its repetition or increase in number can lead to peace and security. Be internationally influential.

The Court of Administrative Justice can be considered one of the important control and monitoring mechanisms to prevent violations of the Constitution. In this, the role of the head of the administrative justice court is very important. Based on this, in this research, we will discuss what are the jurisprudential and legal requirements for the presidency of the Administrative Court in Iran's legal system. In this regard, I will also have a look at the French law.

The present research was carried out with a descriptive analytical method.

According to the provisions of the law, the only necessary condition is a judicial experience of more than 27 years to be the head of the Court of Administrative Justice. Besides this condition, there is no other description in the legal texts. But in assigning the powers and describing the duties of the head of this court, it seems that the image that the legislator had in mind of the head of the court, in addition to legal and judicial expertise, also includes jurisprudence and management expertise.This article examines the legal texts, including the procedure and organization of the Administrative Court of Justice, the Law on the Coordinated Payment System and the Law on the Management of State Services, as well as the substantive interpretation of the principle of the rule of law, along with the use of jurisprudential rules and principles such as the rule of prohibiting if the Prevent better from taking precedence over good , comes to the conclusion that the law's silence in stating the jurisprudential and managerial conditions necessary for the presidency of the Administrative Court of Justice does not reduce the requirement to consider these qualities for appointing people to this position.

One of the important issues in Islamic society is the natural capital of a society. Valuable resources such as oil and gas are also included in these funds. In addition, Anfal is considered as one of the most important national capitals on which many policies of the country's administration and economy depend. In addition, the principle of permanent sovereignty over natural resources means that countries with natural resources have the right to control, extract and sell natural resources in their territory. In the legislative structure, oil and gas resources can be connected to Anfal in the formulation of its law. This connection is based on rules or rational criteria (such as Sirah. The application of reasons indicating the process of reviving dead resources. It is against the requirements of private ownership of the category. Anfal, etc.) Moreover, the criterion of narration (the context and meaning of the verses and traditions related to it) the ability to establish. It is implemented.

Violation of contractual obligations is referred to as contractual liability, and in contractual liability, the harmful action is often in the form of omission, such as delay or non-fulfillment of the obligation or breach of execution. If as a result of the delay or non-implementation of the contract and the breach of the contract by one party, the other party suffers damage, the violator must compensate it. This issue has been considered not only in domestic regulations but also in the International Sale of Goods Convention. Based on this, in this article, we will investigate what the meaning and concept of damages for delay in the implementation of contractual obligations is, and what position does it have in Iran's legal system and the Convention on the International Sale of Goods?

The present research was carried out with a descriptive-analytical method.

If the breach of contract caused by the non-fulfillment of the obligation or the delay in the fulfillment of the obligation by one of the parties to the contract causes damage to the other party, he has the right to claim and compensate for the damage. This right to demand damages is separate from other compensation methods such as forced execution and termination of the contract. Regarding the conditions of damages for delay in the implementation of contractual obligations in Iranian law, attention is paid to such things as proof of fault, foreseeability and establishing the relationship of causation. From the point of view of the Convention on the International Sale of Goods and the principles of international commercial contracts, the purpose of compensation is to put the injured party in the position of performing the contract, and on this basis, the "theory of full compensation" has been accepted, according to which, the injured party, in addition to the losses incurred, He can also claim any benefits he is deprived of.