فصلنامه مطالعات حقوقی
سال چهاردهم شماره 3 (پاییز 1401)

The agricultural industry, while providing the food chain of countries, can also be a source of potential risks to the health and safety of the people. The potential spread of agricultural bioterrorism has security consequence .Countering agricultural bioterrorism by adopting differential strategies and passing laws In some countries, examples of agricultural bioterrorism have been the subject of some criminal descriptions and repressive responses to Iran's criminal policy. Agricultural bioterrorism is based on human science and knowledge and affects the fields of health, safety and public health. Among the proposed solutions to reduce the threat of agricultural bioterrorism, intensify penalties, identify criminal liability for legal entities that cause bio-threats, create and strengthen modern and advanced regulatory bodies The present article seeks to answer the basic question of what is the desired criminal policy against agricultural bioterrorism? The result is that the emergence and manifestation of various branches of bioterrorism in its new reading has not been able to respond to the current scattered laws. The adoption of a comprehensive law in this area will be a serious necessity in Iranian criminal law. The present research is applied in terms of type and purpose and descriptive in terms of nature and method, which has been written by collecting information through documentary review and taking notes and referring to various sites and articles.

Loss of beauty is an important kind of personal injuries which Today has become more important, due to its role and The attention of society to it. So At the moment it is an independent loss which can be demanded and assessed.Although it is a kind of physical damages, it has financial and non-financial effects and both of these kinds od damages are Recoverable in other law systems. In Iranian law in spite of existenence of diyah, it is accepted that we should assess and compensate these damages and there are some solutions to assess.

The theory of spiritual communion is that if the contract bear a result of another contract, it is another contract in fact, even though the parties had not considered such intention. In the following research, we analyzed the theory by using descriptive-analytical method and according to the references cited. This theory has a serious disagreement among shia and sunni scholars. The shia scholars have accepted this theory as an instance, but the famous jurists of the sunni scholars have raised this theory as a general theory. According to the view that the theory doesn't considers intention of the parties and also, on the other hand, cause chaos among contracts; It seems necessary to treat it as a sentence and partly (not generally; Therefore, if there are legal texts, then intentions of the parties shall be the criterion.

One of the most important agreements often found in international commercial contracts is the choice of court agreement. Today, this agreement is enforceable in many legal systems based on the principle of party autonomy. According to such an agreement, disputes arising under the contract would be settled by the selected court. However, this ideal situation does not always exist, because, the choice of a forum affects the determination of the applicable law, and by replacing the court, the plaintiff can change the final result of the litigation. This is a strong incentive for a plaintiff to breach the choice of court agreement and bring the dispute in a non-chosen court instead of the chosen one. This article examines that, how can the courts in question support the party autonomy principle and prevent the parties from breaching the choice of court agreement. The article demonstrates that the courts in some legal systems can use several remedies to encourage the contractual performance of the agreement. These remedies include suspension of proceedings, anti-suit injunction, non-enforceability of the judgment issued by a non-chosen court, and awarding damages. Although the Iranian law is completely silent about the enforceability of jurisdiction agreements, the present study shows that the Iranian courts can use some of these remedies.

Directors of companies are main agent of corporation and they are aware from confidential information, orders, contracts and negotiations; thus it is possible that misuse the opportunities of the corporation for their own interests. The legislature has prohibited the unauthorized acquisition and use of any information, the disclosure of secrets and the disclosure of trade secret information, and determined civil and in some cases criminal liability; but in the case of acquired wealth, beyond the damage to the company, the guarantee of the above performances is not deterrent. The directors in case of breach of duty of loyalty and earn benefit in the above assumption are required to refund the acquired interest to that commercial institution in the British legal system. The necessity to use of information and opportunities of the company in the interests of it, can be proved as a jurisprudential and legal rule and if the manager personally or through his affiliated company exploits confidential business information and the wealth is acquired by objectifying it, those profits can be attributed to the company as a result of ownership of the information and in the event that the role of the news is not important in the acquisition of profits, It is possible to pay a consideration's payment due to breach of contract and destroying the obvious benefit.

The adoption of a differential justice system in dealing with juvenile delinquency is one of the achievements of the movement for the protection of children's rights. As a result of the selection of this system and under the supervision of children's rights organizations, the criminal procedure laws for children have undergone significant changes. In recent amendments to the Criminal Procedure Code in Iran, the legislature has sought to separate juvenile justice from adults, and by legislating innovative methods, has sought to comply with international guidelines and the separation of jurisdictions. Despite the existence of legislative records and the wise guidelines of the doctrine of criminal law and even the drafting of a comprehensive bill on juvenile justice, there are many shortcomings in what was passed as a law, resulting in a favorable outcome and an ideal horizon. It has challenged the differential justice system. The current Code of Criminal Procedure, in some stages, has taken it out of the differential system and outlined the structure of action as an adult trial. It is expected that by accurately identifying this process and adapting it to the UK judicial system, and enumerating the shortcomings along with the proposals, the ground for amending current laws and the approach of court judges will be provided.

The article studies the legal elements which US Office of Foreign Assets Control (OFAC) shall use to assess the delisting application of entities listed in the Specially Designated Nationals and Blocked Persons List (SDN). This article studies the delisting of three Russian-owned and controlled entities; EN+, Rusal and Euro Sib Energo and examines OFAC's approach to the concept of indirect control and ownership and how an entity could establish its control or ownership disconnection, with a sanctioned person or entity.

One of the important tasks of the Islamic state is Fair distribution of wealth. The anfal lands too, is one of the most important sources of public wealth and The policy about it was so important that led to The White Revolution in Pahlavi regime. But after the revolution, Lack of Precise policy and Update, to cause with Land seizures,privatization and even nationalize, These sources which must be at the disposal of all the people and increase public welfare, to the sources of private wealth, and Public law Ignore. So, with respect to Special concern Imam Khomeini and The supreme leader of the leadership in the Optimal management, this research aims In the light of the general policies, to study of The extent of criminal policy inaction in the Follow these policies. The finding of this research is that Although about management of anfal lands to correct diagnosis Constitutional experts, Constitutionalisation of structural In the context of Principle 45, but Constitutionalisation of intrinsic, was neglected. Among the reasons for this, Lack of single management, Lack of differential criminal policy, lack of attention to jurisprudence, including the prohibition of transferring them, and Performing plan of Cadastre and It also lacks the economic system Use of anfal lands Can be named.

The burden of proof in disputes between taxpayer and tax office respecting the income tax is governed by special legal rules corresponding with the special character of tax transactions on the basis of general rule of proving in the legal system. On the one hand, general rules of proving and some principles like the no obligation principle constitute the bases of burden of proof rules in the income tax and on the other hand, special position of taxpayer and the role of his tax return in the documenting and evidencing tax transactions as well as sovereign and formal position of tax office in assessment of income tax create special phenomena respecting burden of proof of factual transaction by taxpayer or tax office. This research is to analyse and propose a theory on purden of proof in income tax disputes on the basis of general rules of evidence and special rules and phenomena of tax law.The research method of this article is based on clarifying, analyzing and legal concluding on the basis of the relevant theorical foundations, general legal principles, special tax rules, relevant laws and regulations, judicial practices and awards as well as findings of comparative law research. The research is to theorize for initiating the principles, rules for legal questions of burden of proof in the income tax cases.

Duty to rescue is imposing the affirmative duty to take an action and save others from a harmful situation, even if there is no role in creating the situation. In contractual relations, if the continuation of such a situation leads to breach of the contract, the abstainer will also be liable for. This article tries to examine the conditions of the obligation and to find out what are the grounds for fulfilling the obligation to save and its effects on law, especially in contractual relations. In addition to explaining the justifications for the commitment to save, the compliance of the rule with the jurisprudential and legal rules of Iran will also be feasible. Based on the analysis presented in this article and the examples cited in Iranian legal texts, it can be accepted that the obligation to save in some contractual assumptions is applicable in Iranian law based on the customary reliance on the concept of fault and causation

With the adoption of the European Union General Data Protection Regulation (GDPR) on personal data protection in 2016 and its entry into force in 2018, all EU member states were required to provide maximum protection of personal data and individuals. The maximum protections of this regulation are expressed in various provisions, which are more accurate, stricter and more practical than the previous legal frameworks of the European Union and other countries. In order to fully realize such protection, this regulation has stated several reasons for the legitimacy of personal data processing under the title of legal bases of personal data processing. According to the relevant article, controllers must have a valid legal basis for processing personal data. By explaining the aforementioned legal bases, the current research seeks to verify the feasibility of these legal bases in Iranian law. In other words, the answer to the question that in Iran's legal system, personal data can be processed despite the existence of which reasons. The result of the investigations is that the flow of the legal bases mentioned in the European data protection regulation - consent, contractual necessity, processing under the legal obligation of the controller, protection of the vital interests of individuals and the legitimate interests of the controller or a third party if prevailing - Due to the lack of Iranian law regarding the protection of personal data, it should be checked through different sources of Iranian law. Also, the results indicate that the aforementioned legal bases can also be used in Iranian law; But its full realization is achieved by the law.

The interpretation of "private plaintiff's consent" and "ways to obtain it" suffers from a kind of challenging ambiguity and conciseness. Therefore, research is needed in it. One possibility is its "subjectivity." This means that acquittal of the offender is possible only with the consent of the victim. Another idea and possibility is its "method"; That is, the output of satisfaction is not necessary, which is obtained in the form of words, but if the compensation is realized, satisfaction is achieved. The result of the approach of dividing the consent into real and legal is that in the title of private plaintiff, the aspect of privacy is superior to the complaint and, consequently, it is concluded that in addition to the direct method of satisfying the private plaintiff with apparent consent or expression, In case of resignation or compensation of damages to the private plaintiff by any person, whether the offender or a third party, the consent of the private plaintiff is obtained in a "judicial" manner. That is, obtaining the consent of the private plaintiff in a real and logical manner is not the exclusive way to obtain the consent of the private plaintiff

To accomplish their ultimate purpose to end the settle the dispute, arbitrators have powers derive from the arbitration agreement and applicable law. Nevertheless, some of powers are not expressly conferred on arbitral tribunals by constituent documents. These powers are so vital for the function of tribunals and maintain their integrity and authority that allow them to carry out their duties effectively. The sources of inherent powers in the procedure of international arbitration mainly includes general legal principles, doctrine of implied powers, identity of international courts and the function of international courts to settle the dispute and ensure the fulfilment of the international justice accurately. Limiting the arbitrators to contractual or legal powers would face tribunals with manifold challenges. The findings of this research in the procedure of international arbitral tribunals indicate that arbitrators have the inherent powers derive from the nature of arbitration in specific circumstances.