نشریه تعالی حقوق
سال چهاردهم شماره 1 (بهار 1402)

The divergence of criminology studies and organizational behavior in the analysis of corporate crimes has caused the findings of studies in the field of criminology of corporate crimes to be unbalanced and scattered. Therefore, the detailed analysis of corporate crimes requires simultaneous attention to criminological and organizational theories and their evaluation and adaptation to each other. Based on this, the current research tries to investigate the dangerousness of companies in the light of Schein’s organizational culture model. The dangerousness theory consists of two variables, social adaptability and criminal capacity, and Schein’s organizational culture model includes three levels of artifacts, values, and underlying presumptions. The findings of this research, in the position of matching two theories, show that companies with a dangerous state, by recognizing the criminal organizational culture, seek to show their lawful face at the level of artifacts. This, which is done through image organization, confirms the high social compliance of criminal companies. However, recognized behaviors at the level of values and underlying presumptions, which include the institutionalization of deviance and the normality of crime, confirm the high criminal capacity of companies. Thus, the assessment of the dangerousness based on the Schein model proves that the artifacts are consistent with social adaptability and the basic values and assumptions are consistent with criminal capacity. According to the mentioned pattern, it can be said that widespread financial corruption in Saman al-Hajj financial institution in different areas shows that at the level of fundamental values and assumptions, committing a crime is considered as a normal value and behavior, and therefore, the financial institution Saman al-Hajj has a high criminal capacity. However, the focus on religious and social activities at the level of artifacts shows that the company also has high social compliance. In this way, it can be said that Saman al-Hajj financial institution is among the white collar criminals with high criminal capacity and high social compliance.

There is no doubt about the necessity of criminalizing the brawl based on maintaining public order and social welfare on the one hand and preventing felonies on the other hand and within the framework of the principle of criminal intervention. The general and unforgivable aspect of this crime shows this There is no doubt about the necessity of criminalizing the brawl based on maintaining public order and social welfare on the one hand and preventing other criminal behaviors based on physical violence on the other hand and within the framework of the principle of criminal intervention. The general and unforgivable aspect of this crime shows this fact. However, the quality of criminalization and punishment of the brawl is commensurate with the mentioned goals and can be discussed within the framework of general principles of criminal law such as the principles of criminal law, proportionality of crime and punishment and fairness. The criminalization and punishment of this crime faces considerable challenges. What is more, goal-oriented, vague and extensive criminalization, on the one hand, and incomplete graded punishment, and incomplete rule-making, guaranteeing the ransom of comprehensive property, on the other hand, has reduced it to faulty criminalization and incomplete punishment. Effective criminalization and punishment of disputes Appropriate ambiguities, especially specifying the occurrence of public and public disputes of at least three people in a known and determined group on the one hand and anticipating gradual punishments in terms of specific mitigating and aggravating qualities and adopting a clear approach to guaranteeing blood money The summons is equally outside the cases of filth and the execution of the oath of all the accused on the other hand.

The present research has been carried out following the application of the concepts of future studies in the face of foreign terrorist fighters and with a view to police-security strategies. Since the member states of the Organization for Security and Cooperation in Europe made a commitment in the statement of the Council of Ministers of the Organization for Security and Cooperation in Europe regarding the role of this organization in preventing and confronting the phenomenon of foreign terrorist fighters in line with United Nations Security Council Resolution 2178. This resolution specifically calls on all member states to quickly take preventive measures to deal with this new phenomenon. Of course, the inability of governments to implement its provisions is somehow caused by the lack of will and political ability of governments to confront and prevent catastrophic terrorist acts by foreign terrorist fighters. Therefore, it can be suggested that governments and especially security-police organizations with the application of future research, including paying attention to the trends, events, images and future actions of foreign terrorists and the legal standards of the said resolution, law enforcement strategies, extensive information and security controls against Form foreign terrorists. And specifically focus their intelligence-operational power to confront and prevent violent extremism by foreign terrorists. Based on this, it is necessary for security and law enforcement agencies and national and international criminal institutions to adopt their preventive law and security requirements based on the analysis and recognition of effective environmental trends and campaigns to neutralize and restrain the actions of foreign terrorist fighters and to produce security. General citizens should play a role.

Agrarian Reforms Council is the most important exclusive administrative authority for agricultural lands in Iran's legal system. The limits of the competences, duties and powers of this council are specified in the Land Reforms Law and subsidiary laws and regulations. With the approval and implementation of the Land Reforms Law, like any other legal establishment, disputes may arise between the people, which the law has provided for this quasi-judicial authority with a special legal mechanism to make general decisions. Case decisions taken by this quasi-judicial authority can be appealed and contested in the branches of the Administrative Court of Justice. The general decisions and approvals of this authority can also be judicially supervised by the general board of the Administrative Court of Justice. This research, with analytical-descriptive method, seeks to analyze, criticize and find an answer to the question that what are the most important aspects of dealing with the decisions of the Land Reforms Council, including the annulment, violation and approval of the said decisions in the general board of the Administrative Court of Justice? The most important achievement of this research is to identify the competence of the general board of the Administrative Court of Justice regarding general approvals, verifying the conflict of votes in order to issue a unanimous vote and verifying the competence and powers of the Land Reforms Council.

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

One of the sources of interpretation of the Convention on contracts for the International Sale Goods is the principle of good faith. The emergence of the concept of good faith versus Good Faith derives from the contract law of Rome. There is no definition of this principle in the law of the Roman-German or Commonwealth countries, nor in the Convention in question. Lawyers in different countries have generally been reluctant to define it for reasons such as its obviousness or even its difficulty. So that some authors in their article have called the definition of Good Faith "a definition of the indefinable". Others, however, have provided definitions. Given that the Convention on contracts for the International Sale Goods in paragraph 1 of Article 7 declares the principle of good faith as merely a means of interpreting the provisions of the Convention, this article specifically seeks to answer the question of whether good faith as a Is an independent obligation applied to the parties to the contract in the implementation of the obligations or not? The present study, which is based on a descriptive-analytical method and based on a library study written in order to respond to this important issue, examines rules and principles such as the principle of necessity, the rule of abuse of rights and the Estoppel rule to discover the basis of this principle. The provisions of the Convention on contracts for the International Sale Goods seek to identify and identify materials that have been developed in accordance with the principle of good faith in the performance of contractual obligations. as a result; It can be said that the principle of good faith is considered not only as a source of interpretation, but also as a contractual obligation in the implementation of the obligations of the parties.

The efficiency of the land registration system is affected by several components that are divided into two internal levels and specific to each legal and fundamental system. At the domestic level, these components are affected by the structure of the domestic system, especially property law, but at the basic level, the commonalities of various legal systems are studied. The question is, what are the basic components and how is it achieved? In this paper, with a comparative study in the two land registration systems of Iran and the United Kingdom, after stating the basic components of land registration, which are: Simplicity in the process of registering real estate, granting legal and economic security to real estate, complete registration of land status, accuracy in registering land information, public access to registration information, independence of land registration system, low cost of real estate registration, approach both systems were examined in realizing such components.The result shows that in both systems, all components are not strictly observed and in some cases there are shortcomings that need to be addressed.

Today, there is no less hesitation in accepting cyber security crimes as a new type of cyber crimes. However, views and opinions on recognizing the scope and criteria of cyber security crimes are diverse and different, based on this necessity and due to the importance of space. Cyber has opportunities and threats, and the prominent role of cyber power in the position of countries in the global power hierarchy. The main challenge is to know the scope and criteria of cyber security crimes, which has caused controversy, so that different divisions The types and examples of security crimes have been presented. It has been stated and it is possible to commit it, including the Law on Punishment of Crimes of the Armed Forces, which has also examined the procedure for investigating these crimes. Showed that for a comprehensive and accurate understanding of cyber security crimes should be intercepted An adaptive-comparative finding was used and a framework based on interdisciplinary perspective and integration of all approaches was considered. Accordingly, an alternative analytical framework based on the linkage of these approaches is presented.

AbstractDowry is a contract. This contract is set out in Islam as a contract to be considered a gift from a couple to a wife. A large number of gold coins as dowry has become commonplace in Iran in recent years. This, in the event of a sudden fluctuation in the price of the coin in the short run, imposes a multiple equity obligation that is undoubtedly inconsistent with the contractual intention and contrary to the contractual intent. On the other hand, it has somehow triggered a cultural event, resulting from this phenomenon of unpleasant cultural consequences and the economic outlook on marriage and the marginalization of marriage philosophy based on the spiritual-emotional view and the subordination of spiritual attributes. Also, this phenomenon in Iran's current economic situation is one of the factors that increases the price of coins and gold in the Iranian market. In this unfavorable economic situation, the wife seizes the husband's property and economic capital to receive from that her dowry. It causes it to be shut down as part of the economic activity of society and this disrupts the public order of society. Solutions such as paired Commitment to the usual price fluctuation, the prohibition on coins being stamped highlights the need for appropriate legislation in this regard as the basis.

One of the problems of the judicial system that may lead to the failure of a fair trial is the issue of procrastination. In order to resolve this issue and try to provide measures to expedite the investigation of criminal cases in special cases, the Iranian legislature, without causing any damage to the proceedings, by removing some of the proceedings and with the approval of Article 86 of the Criminal Code. The ICC has come up with a useful solution and approved the oral indictment for a wide range of crimes. Execution of the oral indictment is subject to certain conditions, and considering that in the mentioned article, it is possible to present an oral indictment for all crimes except the crimes mentioned in Article 302 of the Criminal Procedure Code, this issue can be a factor in determining the quick assignment of cases. Despite presenting such a useful strategy for reasons such as the unwillingness of the prosecuting authority, and consequently the lack of a clear procedure for the implementation of those obstacles and ambiguities in its implementation, especially regarding the rights of the accused, issuing security contracts, presence or absence The prosecutor is seen in the hearing and so on. In this research, which has been written analytically-descriptively using library resources, these cases have been studied and, if necessary, a solution has been provided.

In the 20th century, we witnessed multiple expropriations in the forms of nationalization, confiscation, or seizure of property. In the first half of the 20th century, the Government of the Soviet Union and its colonies made extensive confiscations, and in the west, the Mexican government nationalized its arable land and oil resources. The second half of the 20th century started with the nationalization of the Iranian oil industry, and subsequently, in multiple cases, Asian and African states nationalized their resources. The investor countries, that were present in the countries rich in natural resources primarily through multinational companies, considered themselves the main victims of this exercise of sovereignty, and this became the basis for disputes between the parties. The investors turned to international arbitration to restore the rights that they thought they have lost. Therefore, we witness multiple approaches by the arbitrators concerning the exercise of the principle of permanent sovereignty of states over natural resources. By looking at the history of changes in this matter, we find that this issue has always been a place of constant fight or flight of the parties, and the arbitrators did not give up turning to all kinds of arguments and theories to protect the interests of each party, which resulted in the transformation or adjustment in existing standards, and therefore, led to the exercise of the principle of permanent sovereignty of governments over their natural resources.