نشریه قضاوت
پیاپی 107 (پاییز 1400)

Guaranteeing obligations arising from commercial transactions is one of the most important issues in the field of international trade, considering the extent of this field of trade. Two important instruments with a guarantee function are guaranteed letters of credit and bank guarantees. Analyzing the principles and regulations related to each of these two mechanisms will identify the similarities and differences between the two, and as a result, it will be possible for those active in the business field to use each of them based on the specific conditions of each business transaction.These two guarantee mechanisms have many similarities and differences. In summary, the similarities of these two guarantee mechanisms can be mentioned in the nature, necessity, document-oriented, independent and pending, purpose and function, issuing by banks, and among their differences, the form and structure can be mentioned. , the regulations governing each one, approval of accreditation and... mentioned. In the following, while analyzing the existing regulations, these funds will be discussed.

National security is the manifestation of the legitimacy and political and defense power of a nation-state. In principle, the survival of human beings depends on social life, and social life requires national security. In this case, national security means the security of all people present in a country equally. With a brief look at human life, the emergence of governments can be attributed to the need for security. National security is one of the major goals and one of the main functions of the government. Considering that defense and security issues take precedence over other governance matters, planning and policy-making in these issues requires an independent and specialized institution that, while ensuring national security, recognizes the threats and security damage of the country and strives to eliminate it. . In the system of the Islamic Republic of Iran, in accordance with Article 176 of the Constitution, the Supreme National Security Council was formed for this purpose.In the Islamic Republic of Iran, the Radio and Television Organization has a special position in the public arena, and according to Article 175 of the Constitution, it must ensure "freedom of expression and dissemination of ideas in accordance with Islamic norms and the interests of the country." In this research, the above two institutions in the constitution and ordinary laws have been examined and their place in the relevant laws has been discussed.

The activity and services of human beings depend on the health of their body and soul. Since human beings have always suffered from physical and mental sufferings in their lives, so practicing medicine is considered a necessity of human life. Given the importance and effectiveness of this issue, it is necessary to clearly and clearly define the scope of duties and scope and scope of legal authority of physicians to face the baseless claims of patients or their relatives and ultimately avoid convictions. Justice and the imposition of potential responsibilities that may discourage them are safe and secure, and on the other hand, people who go to the doctor as a patient, possibly due to lack of skill or expertise of the doctor or due to carelessness. And his negligence or in some cases, due to the doctor's intentional death or disability, etc., their rights will not be lost and with the transparency of the aspects of the issue and the responsible institutions, they will refer to them to realize their rights. The physician undertakes not to spare any effort for the recovery and health of the patient, and achieving the result and healing of the patient is beyond the physician's obligations, because this is beyond the physician's authority. Due to the importance of this issue,

Today, in addition to the judiciary and courts of justice, there are authorities under the headings of council, board, commission, etc., which according to special laws deal with some complaints and disputes and lawsuits, one side of which means the government, and like courts of justice in nature Issue a verdict and a judicial opinion. These authorities, which are often supervised by the executive branch and are created with the claim that the issues are specialized, complex and technical, with the aim of accuracy, speed and accuracy of the final decision, both in accordance with some constitutional principles and ordinary laws and regulations. The ruling intellect, logic and custom are obliged to issue their final opinions and opinions in a reasoned, justified and documented manner to the laws, principles and legal rules. Otherwise, the Court of Administrative Justice, as the reviewing authority of such opinions, will not give them legal validity and legal existence in order for the rule of law and the realization of rights or annulment. In the present article, with regard to examples of opinions issued by quasi-judicial authorities and the Court of Administrative Justice, the above issue is examined and analyzed.

Today, cybercrime in the general sense is a public and legislative issue, and it is becoming more widespread every day. Although all crimes endanger the security of the country and public welfare, this feature is more tangible in some of them. Cybercrime is directly related to the concepts of national security and public welfare. Many criminal acts that can be committed in physical and tangible space can also be carried out in cyberspace. In a general division, information crimes can be divided into two groups according to the philosophy of legislation. 1. A range of cybercrimes that can be prosecuted under classic criminal laws and do not require new legislation and can be categorized as crimes against persons, property, public safety and security, morality, public decency and family. 2. A range of computer crimes that were not possible at all before the advent of information technology, such as unauthorized access, unauthorized eavesdropping, data disruption, and system disruption. Given that, unfortunately, in recent years, along with the increase in the use of the Internet, we have witnessed an exponential increase in cybercrime, so criminal law should create new concepts and institutions, anticipate the necessary measures in line with technological advances, as well as complex opportunities for abuse. Consider the cyber environment facilities provided. In this regard, the present study aims to explain cybercrime from a conceptual and historical perspective.