نشریه قضاوت
پیاپی 108 (زمستان 1400)

In the following article, the author tries to investigate why and how to supervise in Iran's legal system, focusing on the knowledge of professional ethics, and in the scope of the professions of parliament representatives and judges; Therefore, paying attention to the following questions: Does the mere existence of regulations, the scope of supervision seem sufficient? How is the role of ethics in supervision and based on what necessity? Is surveillance related to prevention and social control? Is there a connection between surveillance and social death? It is trying to achieve these results that in the direction of supervision, the mere existence of regulations does not seem to be enough; For supervision in Iran in the scope of the above-mentioned professions, no clear ethical standards have been defined for supervisors; Since supervision is voluntary and conscious decision-making and voluntary actions are subject to moral judgment, therefore it is subject to ethical requirements. Therefore, in terms of the concept of moral responsibility of individuals and supervisory institutions, an attempt is made to explain some of the most important ethical requirements of supervision in the scope of the professions considered in this research, in order to protect the supervisors from the harm of unethical supervision and one of the most important of them - death. The social of the supervised - warns. The tool we are considering is the regulation and approval of the comprehensive ethical document of supervision and emphasis on its ethical audit.

The development, prosperity and prosperity of the economy of a dynamic society depend on investment Also, the desired use of existing tools such as technical knowledge, management and technology of developed countries in the production and development system of the country. so, one of the ways for countries to prosper economically is to use the experiences of developed countries in the economic field. Global industries have shifted to abandoning traditional ways and turning to new and participatory tools in proportion to the growth of needs and in order to meet them in a short period of time and at a lower cost. because, the scope of the desired activity is sometimes so wide that in practice, achieving the desired goal is beyond the ability and expertise of an individual. And it is necessary to involve experts in the matter Industrial projects that in some cases are out of specialization and require the collection and use of different sciences and specialties Accordingly, the community and participation of the technicians required in the project in order to eliminate each other's weaknesses is more evident than before. Based on this, the collection obtained from the consortium, whose members each have a style in a specific specialty, knowledge and technique Who participate and cooperate in the implementation of a specific project and as a result of this cooperation, the group achieves the goal of the project at a lower cost and in a shorter period of time. However, there are several reasons to justify the desire for a consortium agreement but the most important reason for the tendency of domestic and foreign participants to the contract can be declared participation in the implementation of a certain project in a limited time. Without compromising the legal independence of members to carry out other economic activities

cirminl law Falling punishment is one of the institutions of criminal law. Falling punishment means that despite the realization and proof of punishment due to the effects of punishment on the offender is not enforced and overturned. The basis of what is stated in the Holy Qur'an, also according to lexicographers, is the word "tadra" from the root "dara". The word doubt also means supplication or concealment of work and the like. Give the possibility because the rule of limiting suspicion is useful to the public and covers all the stages of the possibility of dissolution and doubt in dissolution and duty to it. It includes the annulment of a crime and punishment in a place where the occurrence of a crime or its attribution to the accused or the responsibility and entitlement of his punishment is a place of doubt. The absolute punishment is removed according to this rule.

Since the protection of the plaintiff and the victim is the protection of public order and the creation of security for all members of a society, it can be seen that the lack of proper implementation of criminal law by the judiciary, and other enforcers of these laws, sometimes the plaintiff to file a lawsuit. Has renounced himself or has personally taken revenge, in which the plaintiff himself is also guilty and accused, by studying the criminal law while observing the principle of equality of arms. ”The criminal legislator pays attention to the plaintiff and the victim of the crime. Put your agenda. However, due to many problems of executive and legislative institutions such as legal and irresponsible dismissals, lack of time, executive facilities, study and training opportunities, as well as the large number of work and lack of judicial and administrative staff have not been able to implement it properly and adequately. This discouragement of the plaintiff in pursuing his rights has not only led to pessimism in the judiciary, but also to the perpetrators and insecurity. The majority of plaintiffs' supporters believe that the criminal victim should be supported and assisted by the government and civil society. Provide assistance and services to him to do their best so that the victim in the pre-criminal and post-criminal situation can benefit from this support.

The certificate of incompatibility is a title that the legislator has established for the decisions of the family court in the matter of divorce. Since there is no such title in the traditional division of court opinions, therefore, it is important to examine its nature and determine its position among the judicial decisions of the family court. The present article has studied the certificate of incompatibility in Iran's legal system with a library method and in a descriptive-analytical way, including its background, nature, cases of issuance and implementation, and finally reached the conclusion that in explaining the nature of the certificate of incompatibility It is necessary to distinguish between consensual divorce and divorce at the request of the husband. In consensual divorce, the nature of this certificate is merely the reflection of the couple's lack of compromise and their agreement, in this case, the court does not make any judgment. However, in divorce at the request of the husband, if the man's absolute authority in the divorce is accepted, the family court proceedings will be limited to hearing his opinion, referring the couple to arbitration and determining the wife's financial rights. In this type of proceedings, Judge will have a passive role and as a result, the certificate of incompatibility cannot be considered as a "verdict". However, in case of acceptance of the adjustment of the husband's right to divorce, the type of proceedings of the family court, similar to the case of the wife's divorce case. In this case, the nature of the decision of the family court, which originates from an arbitration matter, is not a mere certificate, but has the characteristics of a judgment.

In general, the right of the prosecutor to protest against the decisions of the courts is foreseen as one of their powers in the legislative and judicial system of the country, so that in addition to vindicating the rights related to the criminal case, an effective step is taken in the direction of achieving justice. The purpose of this research is to know and explain the basic principles of the prosecutor's right to protest against the decisions issued by the courts, to understand the importance of the role of the prosecutor in exercising this right and its effect on the realization of a fair trial. This research has been done with a descriptive analytical method through library studies related to the subject. The results of the research indicate that the prosecutor's objection to the judicial decisions has solid jurisprudence and legal foundations, which include the jurisprudence rule and the jurisprudence rule as well as the obligation to remove and repel oppression. And its legal foundations are also the theory of maintaining public order, the idea of preserving individual rights and freedoms, protection of public rights, supervision of law enforcement and humanitarian and human rights considerations.