نشریه پژوهش های سیاسی و بین المللی
پیاپی 48 (آذر 1400)

Actions such as protest, riot, and revolt are often formed as a result of such things as social, political, cultural, economic and other disorders and failures. These actions, which are sometimes peaceful and sometimes accompanied by denigration, destruction and undermining of public security, are typically done to express dissatisfaction with the current situation and to confront or change the government. Although the contexts of the three categories are the same, they are criminological similar, as the law views them differently. Explain that peaceful protest rallies are not fundamentally a crime, but a legal right. Today, the political and social unrest and riots in the city, despite the sensitive political and social conditions of the country are considered as common issues, in different societies, it is usually considered as a sign of democracy and open political environment.

The dispute resolution methods due to their non-judicial approach can help to resolve disputes quickly and reduce costs in resolving disputes. Dispute resolution methods are a good alternative to inflexible judicial procedures in national courts. The nature of the contract requires that the dispute be resolved promptly and possibly at the project site. The present descriptive and analytical study seeks to address whether arbitration process can be efficient in general conditions of contract. Also, the present study tries to find out if the application of new methods of dispute resolution board presented in FIDIC sample contracts can be helpful in reducing disputes. The results indicate that the sufficient knowledge of the dispute resolution boards and the continuous presence from the beginning of the project as a new method of dispute resolution has achieved a relatively good result.

The purpose of this article is to investigate the role of Sovereign policies in Iranian governmental organizations in a way that leads to fostering employee loyalty in various personal, professional and organizational areas.In the first part, in order to provide a comprehensive model, the qualitative meta-hybrid research method was used. A number of academic experts and government managers were purposefully sampled and the initial research model was formed by identifying categories, concepts and codes. In the second part, 292 questionnaires (classification sampling) were distributed among the staff of Qazvin province by evaluating the content validity and opinions of experts in order to apply the model in government organizations. Data analysis was performed using confirmatory factor analysis. Based on the results of creating a relationship between psychological concepts with dimensions, components and categories of personal, professional and organizational can play a significant role in improving employee loyalty to policy makers.

This study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important issues in private law that is considered is the transfer of the subject of the contract. The transfer of the subject of the contract causes the contracting party to leave the legal relationship and another person, called the deputy, to take his place. In such a situation, the contract remains, and the only change that occurs is a foreign replacement in the position of the contracting party. The results indicate that Iranian law, in addition to identifying the forced and consequential transfer of the contract, not only has the necessary capabilities and tools to confirm the voluntary transfer of the contract, but also has a comparative advantage over British law due to its acceptance of the institution of debt transfer.

The purpose of this study is to investigate the cultural factors affecting organizational health in public sector. The study is important due to the significance of the public sector's organizational health, and its breadth and inclusion for individuals in the community. Therefore, first, by reviewing the literature and obtaining the opinion of experts, a questionnaire was made and through Cronbach's alpha test, the number 0.76 was calculated for its reliability. Then, in each of the categories of the Civil Service Management Law that have defined the public sector, an organization was selected and the questionnaire was distributed. This study showed that cultural factors with a coefficient of 0.78 affect organizational health in public sector organizations. This article suggests that the first step toward organizational health should be taking organizational culture into account by even enforcing current or changing it into a more suitable one.

The institution of Enjoining to Good [Ma'ruf] and Forbidding from Evil [Munkar] are among the institutions that have a special place in the history of Islam. The word Hasbeh was used. The main question of the research is what are the functions of the institutions of enjoining the good and forbidding the evil in the context of Islamic history? The results of the research showed that in the context of the history of Islam, the institution of Hasbeh has had special functions as an institution that enforces the good and forbids the bad. After the revolution, the work of Hasbeh was divided into several legal institutions, and at the top of them was the absolute authority of the jurisprudent. This research has been done to introduce and the functions of the institutions of this hypothesis in a descriptive-analytical method

Citizenship rights are exactly the same developed natural rights in the context of modern social life in the recent and contemporary century, in a sense the basic elements of citizenship rights supervise absolute, permanent, fixed, and objective human rights, and hence, any human beings in this respect in a governing justice do not have superior over others, and citizenship rights are generally regarded as a single spirit that manifests themselves in the form of different statutes, not in the form of some separate articles that consist of a specific legal issue. Citizenship rights in regard to the issue can be divided into two main categories in the constitution; including fundamental rights and social rights that consist of political, administrative, economic, cultural, and judicial rights. Citizenship rights are studied and analyzed by the library and analytic methods in this research.

This article is a research paper aimed at showing the significant relationship between the use of armed drug trafficking and psychotropic punishment on different components of social security, including Institutional coordination, in the opinion of Tehran's judiciary judges. This is descriptive and applied research. The statistical population of this study consisted of 55 Judicial Judges of Tehran Province, all of whom were interviewed using a researcher-made questionnaire. The reliability of this questionnaire, measured by Cronbach's alpha coefficient, is 87%. In this study, to test the hypothesis, a one-tailed t-test was used and the existence of a significant relationship between the use of armed drug trafficking and psychotropic punishment and the coordination component of the relevant organizations in social security was confirmed.

The purpose of this article is to review the judicial procedures related to public order as one of the obstacles to the implementation of external arbitration. This article seeks to answer the question through analytical-descriptive method that the role and position of judicial procedure in the face of order. According to the findings of this study, regarding the application of Article 971 of the Civil Code, the majority of judges believe that the agreement of the Iranian parties on the foreign arbitration body, although unusual, but it causes the Iranian court to have no jurisdiction to hear the dispute under the arbitration agreement. Some judges disagree with this view. Regarding the application of Article 968 of the Civil Code, most judges accept the choice of law other than the law of the place of contract where they are around the Iranian arbitration agreement.

In this article, with a sociological approach, the political-security consequences of the security model of the balance of power on creating political instability in the countries of the region at both domestic and foreign levels are examined. Also, the principles of the impact of economic fluctuations on instability and the effects of the intensity and weakness of economic fluctuations should be investigated. The question that arises is to what extent do economic fluctuations affect Iran's political instability? Economic fluctuations seem to affect instability and cause a crisis in Iran. The extent and intensity of economic fluctuations can have different effects on the instability of the country. Of course, external threats and pressure, and internal vulnerabilities are two important factors that were identified in the emergence of political instability in the country. The research is conducted by using analytical method.

In a free market economy, competitive rules are determined by the market itself. Competition causes the producer to improve the quality of the product, the consumer to provide it with the most suitable conditions. However, there are vertical and horizontal anti-competitive practices that are detrimental to this competition. The main question of the present study is what legal approaches at the level of the United States, the European Union and Iran to civil liability arising from anti-competitive practices? In the United States, there is currently a more legal approach to civil liability arising from vertical agreements. It is horizontally focused, while the European Union has the opposite position. Iran's legal approach can be considered as an intermediate approach according to the jurisprudential rules as well as the prevailing laws such as civil law.

Considering the last part of Article 52 of the Securities Market Law of the Islamic Republic of Iran, as well as the existence of general rules and principles that exist regarding the necessity of acquiring property through religious and moral means, in principle, civil liability using confidential information does not seem doubtful, However, the principles of civil liability for damages in such an assumption are challenging and require careful discussion; Because the existence of civil liability requires proof of its basis. Rules such as the sanctity of false property in jurisprudence and the prohibition of unjustified possession in the law in question are the foundations that can be examined to prove the guarantee of persons who make a transaction based on such information. As a result, the cause that adds to the assets of the person using the confidential information is not legitimate, and such money must be returned according to the law and custom.

The purpose of this study is to explain the relationship between cyberspace and the tendency of women to betray men in the family. This research was conducted in terms of the type of applied research and from the point of view of descriptive-analytical research method with data collection technique. The statistical population of this study is those who refer to Behravan Counseling Center about family problems caused by virtual social networks. To calculate the sample size, according to Morgan's table, a sample size of 300 people was selected. The data collection tool is a questionnaire. To determine the correct sampling method from the statistical population, a systematic random sampling method was used. The results show that there is a relationship between the lifestyle of members in virtual social networks (under mobile) and addiction to virtual social networks, immoral content, the normalization of marital infidelity, etc. in social networks under mobile.

In principle, the harms of proximity to social life are inseparable and customary unity is tolerable. Property law has tried to regulate neighborhood relations in various ways (easement, neighbors' legal obligations); But if the neighbor's harassment causes harm, the issue of compensation arises. In many cases, no negative intent or misuse in the exercise of the right can be proven. However, on what basis should the damage to the neighbor be compensated? In Islamic law, various principles have been expressed to compensate for losses. Examining the issue in an analytical-descriptive manner, this result has been obtained. In all cases, with customary truth, the attribution of damages to the perpetrator of the loss, based on the No-Loss Rule, must compensate the damage.

The differences between the Iranian and British legal systems in contravention of contractual obligations is the requirement to fulfill obligations in Iranian law and claim for damages in British law. This difference has made the claim for damages in British law more systematic and specific. Therefore, if a contract is violated, the obligee and the victim of the violation cannot watch the loss, but should avoid increasing the damage.
Therefore, if the perpetrator of the damage can prove in court that the cause of the increase in damage was the result of the negligence of the injured party, this argument will be accepted. The rule of guilt of the injured party is accepted in British law and gradually in the law of France and some other countries. In this article, this issue has been examined. According to the jurisprudential principles, including the rule of action, no harm, and some legal provisions, including Article 167 of the Constitution, to what extent is the rule of guilt and mitigation of damages in violation of contractual obligations applicable in Iranian law

One of the most important issues in the present era is the age of criminal responsibility in the field of children. Many children who reach the age of puberty do not have the necessary intellectual development in criminal matters. The main question of the article is: can the age set in the Shari'a for a child's religious duty be the same as the age of criminal responsibility or 18 years old? Criteria should be set out in international instruments, including the Convention on the Rights of the Child. There are important principles in criminal law that can be considered as the builder of the criminal justice system. Among the principles in the penal system is the principle of moral responsibility, according to which a person will be responsible if he is mature, wise, and autonomous. Therefore, in criminal responsibility, in addition to maturity, intellectual and psychological development must also be considered.

The purpose of this study was to investigate the nature of the matter in employment contracts. An employment contract is one of the contracts that are concluded in writing and orally. In case of change of employer, there is a possibility of disagreement over terms agreed with the previous employer, but there is no doubt that basic conditions of validity of contract must be observed in the employment contract. The basic hypothesis suggests that there are similarities and differences in the validity of contracts in public law and private law. The findings indicate the issue of formalization and guarantee of rights and benefits, and the need for the consent of the parties, and the non-authoritarian nature of contracts, especially in orders issued by the employer for illegitimate and illegal work. Attention to the rule of labor law has been expressed in all contracts concluded in daily interactions.

The issue of fertility has always been debated in every civilized human society and has had consequences, one of which is abortion. The question is what is the criminal status of abortion in Iran and Sweden? The research hypothesis is that the legislator of the Islamic Republic of Iran and Sweden considers the human fetus to be a human being with a respectable and protective personality who, like other human beings, has rights such as the right to life and health. Using the method of documentary and library study, the present article seeks to compare the legal system of Iran and Sweden in the field of abortion and the aim is to finally understand the quantitative and qualitative differences between the criminal laws of the two countries. The results show that abortion is a crime in Iranian and Swedish law and the offender must be punished.

The purpose of this study is to investigate the effect of critical thinking on promoting office health. In the qualitative part, the Delphi method was used and in the quantitative part, structural equation modeling was used. In the Delphi approach, the opinions of 12 heads of different branches of Melli Bank and Sepah Shahr in Isfahan were collected through interviews and after analysis, 33 variables in the form of 6 main categories of search and facts, free-thinking, analysis, systematization, trust in His ability and curiosity to improve the administrative health system were determined. All structures have the necessary validity and reliability as well as all 6 main variables are effective in promoting the health of the administrative system. Finally, it can be said that organizational managers should consider the six variables obtained in this study as variables that can improve administrative health in state-owned banks in Isfahan.

Satisfaction is one of the central issues of governance, especially in the third millennium. In the age of globalization, good governance as the best way of governing according to its indicators such as justice, transparency, and equality forms the foundation of citizens' satisfaction. The present study seeks to investigate the most important factors affecting the satisfaction of salaried veterans of the Martyrs and Veterans Affairs Foundation of Tehran. These factors were identified using exploratory and confirmatory factor analysis. The statistical population includes all veterans receiving salaries from the Martyrs and Veterans Affairs Foundation of Tehran. In order to achieve the purpose of the study, exploratory and confirmatory factor analyses were used. The results of this study showed that factors such as weakness in providing health services, physical and mental health, leisure time, lack of employment, and income are among the main reasons for the low satisfaction of veterans receiving the Tehran Martyrs and Veterans Affairs Foundation.

The subject of this research is theorizing the purposes of punishment in the Islamic Penal Code of Iran. The main question of the research is what are the effects of criminal law theorizing on criminal policy in Iranian law? The hypothesis of the article is that based on the theory of criminalization, decriminalization and impunity have been done and the interventions of criminal courts should be reduced in favor of other means. The results show that the theory of criminalization of the degree of harm to the victim and the degree of its ability to blame, constitutes the nature of the severity of the crime and on the same basis can be determined both in the legislative stage and in the judicial stage, proportional. Committed crime and punishment. The legislature should use non-criminal responses, remedial, compassionate mechanisms that seem more effective in this regard. The research method is descriptive-analytical and the data is collected in a library method.

The test was to fit the strategic model of basic sports development. The present study was applied research and in terms of data was quantitative and analysis method was descriptive-correlational and data collection was done in the field. The statistical population includes all club managers, coaches, and athletes of all age groups of the province's teams in basic sports equal to 333 people. Samples were randomly selected based on the Morgan table. Data collection was a 63-item researcher-made questionnaire with 2 dimensions (organizational and extra-organizational strategies) and a 5-point Likert scale. Convergence and divergence validity were used to evaluate the construct validity of the instrument and Cronbach and Gutmann alpha coefficients were used to evaluate the reliability of the instrument. Data analysis was performed using descriptive and inferential statistical methods and SPSS and LISREL software. The general evaluation of the basic sports development strategies model has a strong and desirable fit. The average rankings among the components of organizational strategies, hardware strategy in the first place and among extra-organizational strategies, media strategy in the first place in the development of basic sports.