نشریه دیدگاه های حقوق قضایی
پیاپی 102 (تابستان 1402)

Betting in the form of predicting the results of sports competitions has increased sharply in Iran in recent years, and the statistics of the country's political and judicial authorities indicate that this phenomenon has become a social issue worthy of attention. However, in practice, a kind of inefficiency, disorder and obvious contradiction can be observed in the stance towards this phenomenon. This research, which was conducted by referring to library sources and reviewing previous researches and using a descriptive-analytical method, aims to investigate the inefficiency and contradiction of the existing policies regarding this phenomenon, which the result of the research shows that this is due to ambiguity and disagreement. In recognizing the nature, status, and in general, the legitimacy or non-start of these activities, it comes from the perspective of jurisprudence and statutory laws. This activity has an ambiguous status in terms of the practical Sharia regulations in terms of gambling, in terms of civil law regulations in accordance with hostage-taking, and in terms of criminal law regulations, which due to its significant and multifaceted harmful consequences, the necessary intervention of the legislator in formulating precise, transparent and It requires independence in this field.

Proper prison management and respect and guarantee of human rights are among the fundamental rights of prisoners. This issue has caused the country's policymakers to use humanistic approaches in high-level documents to determine a Policy for legislation, including the general judicial policies approved in 1381 the general five-year judicial policies approved in 1388 the general policies of the sixth development plan approved in 1391. Supreme Leader and the document of judicial transformation in the second step of the revolution approved in 2019 Measures such as decriminalization of criminal titles, reduction of punishments, especially prison sentences, transfer of some judicial cases to quasi-judicial In the framework of these documents, measures such as decriminalization of criminal titles, reduction of punishments, especially prison sentences, appropriate use of quasi-judicial institutions, reform and management of prisons and prisoners have been adopted in order to reduce the number of the criminal population in the light of their application. Therefore, in order to implement these inclusive policies and policies, and considering the challenges facing the prison, in this research, visiting the Evin and women's prisons in Tehran, as well as participating in the planning meetings of the prisons organization, as well as cooperating in the design of the current situation review and The desirability of the central prison of Gilan (Lakan) was identified, it is necessary that the organization of prisons and security and educational measures of the country prepare and compile a training program for managers and employees of the country's prisons.

Pilot Judgment, taken by the European Court of Human Rights, is a method that reduces both the number of claims with the same source and the structural defects that lead to the violation of human rights and, consequently, the making of multiple uses. The purpose of the present study is to evaluate the feasibility of pilot-judgment in the Administrative Justice Court. The research method is comparative; in this way, based on the rules and precedent of the European Court of Justice, the nature, function, and manner of pilot-judgment are identified, and the existing grounds and gaps for its application in the Administrative Justice Court explain through analytical examination. Pilot judgment means taking action to reform a structural problem to stop the making similar lawsuits in the future, has the necessary capability to promote the position of the Administrative Justice Court as the highest institution for reviewing the administration and can role play as a tool for creating a scientific dialogue to reform structures between the administration and the Court. In the rules governing the Court, there is the capacity to enforce pilot-judgment to cause significant review under administration, and of course, this capacity is subject to self-awareness and the will to effectively judicial review.

In this article, the legal status of exchange resulting from the voluntary transfer of common property is examined from the perspective of judicial procedure and Imamiyyah jurisprudence and its effect on the formal and ritual rules of filing legal and criminal lawsuits related to the transfer of common property has been analyzed in order to reduce the difference of opinions of the courts and move the current scattered procedure towards a unified procedure. By examining and analyzing judicial practice, legal doctrine and the opinions of Imamiyyah jurists and authentic Islamic texts, the conclusion was reached that if the joint property is transferred to a person or other persons in a single contract and with a total exchange, the principle is based on the dissolution of the company and lack of flow. Distribution is in a contract and the claim of each of the former partners is independent from the others, because with the dissolution of the contract to the number around it, each of the sellers has the right to file a lawsuit and claim for his own share, and there will be no right for the other partner in the price received. However, according to the received news and based on the unity of the criteria of Article 606, in case of the inability of the buyer to pay the demand, the partner who has not received the price has the right to refer to the partner who collects the price, unless the inability occurs due to the partner's procrastination and delay.  Also, in the end, it is proposed to add another clause to Article 587 while amending the civil law, and to consider the voluntary transfer of common property in exchange for the company's liquidation.

One of the causes of contractual liability is the breach of obligation by the obligee, after which the obligee can deal with such a breach by resorting to the guarantee of legal performance. The usual solution in Iranian and French laws is written as a law, that the absolute responsibility of the performance of the same obligation rests with the obligee and he is required to adhere to the contract in any situation; Of course, this solution in the current French law was changed after the 2016 reforms and became closer to the common law solutions. In common law, relying on the principle of  "necessity of proper gain of the contract", breaching the contract in the event that the execution of the transaction is disadvantageous due to reasons such as market fluctuations or non-execution of the contract is more beneficial than its execution, is considered a rational matter and its possibility is accepted, and despite Different procedures have been considered based on the type of violation, but it still faces the challenge of moral objections. This research, with the aim of establishing the possibility of an effective violation in Iran's legal system, uses a descriptive-analytical method to apply this theory to the pillars and certainties of this legal system and examines the objections to it, especially the forms of contradictions with ethics. The study of the systems that accept this theory shows that it is possible to consider the violation as permissible with the aim of avoiding the loss caused by the implementation, gaining more profit than the profit of the implementation, or gaining the satisfaction of the other party, it is also possible to stay away from moral objections, which is the necessity of observing the Pareto criterion. It plays a significant role in solving these problems. By proving the possibility of applying the three elements of "Substitution of the desired instead of the same", "Mitigation of Damages" and "third party responsibility" in Iran's legal system, it facilitates the acceptance of the theory of violation.

The victim of crime plays an important and essential role in criminal prosecution. In forgivable crimes, criminal prosecution will not be possible without his will and in such crimes, the victim can play an important and active role in criminal prosecution. In the present research, "Participation of the victim in the judicial process: basics, challenges and solutions" the following results were obtained with the descriptive and analytical method. Victim participation faces two types of challenges in criminal prosecution. Personal challenges related to the victim himself and in between, victimized fear, shame of the victim, family and friendship considerations, the victim's lack of awareness and the victim's inability are among the most important reasons for the victim's non-participation in prosecution. Structural challenges related to the structure of the criminal justice system, including the lack of proper communication between the victim and the authorities and mediation of officers and employees and judicial service offices, the authority of the prosecuting authority, secrecy and non-arbitrary nature of some of the proceedings and prolongation of the prosecution are among the most important structural challenges. Iran's criminal justice system in the field of structural challenges has tried to increase the victim's participation in criminal proceedings, but regarding the personal challenges related to the victim, this system doesn’t enjoy a desirable situation.  Eliminating the grounds of fear and shame in the victim, allowing the victim not to be pursued, helping to preserve the identity of the victim, the removal of intermediaries between the victim and the criminal justice authorities, and the improvement of the legal knowledge of officers and employees can contribute to most of the victims involved in the criminal proceedings.

Legal protection of children resulting from laboratory fertilization means creating public order and preventing social and psychological problems of these children in the future, and registry documents play a main and undeniable role in this field. The absence of a special law for the registration documents of these children opens the way for hiding the truth, which has effects such as not assigning the child to his real parents and leads to the violation of the child's rights in the future. In this work, an attempt was made to answer this main question by using the library analytical method, which is the most suitable method for setting up the registry documents of children resulting from embryo donation in line with legal and social protection and establishing the rights and duties of these children with donors and donor recipients. What are providers? In response to this question and jurisprudential and legal analysis of the issue, the conclusion was reached that recording the title of embryo donation and the name of the donor's parents in the birth certificate creates problems for the child and the society, and is in conflict with the discussion of the confidentiality of the donor's documents. But keeping the lineage of the person secret and possibly assigning the child to someone other than his real parent leads to the deprivation of the legal rights of the person, such as the issue of inheritance, etc. Therefore, it is necessary to register and keep the names of the donors in a place so that they can be used if they are ever needed. Do not face the problem of anonymity. It seems that the best place to record it is the Register of General Events.

The rule of prohibition of detriment has a wide application in jurisprudence. The purpose of this research is the feasibility of using the rule of prohibition of detriment in information activities. On the other hand, there are different interpretations of the hadith "no harm and no damage" that affect the application of the rule. Therefore, the need to examine the foundations of jurists in this field becomes clear, because according to some views, it removes the harmful ruling, and according to another view, it removes the effects of the harmful ruling. Some believe that a harm that cannot be compensated will be removed, and some have used the prohibition of harm. But in the meantime, Imam Khomeini (may Allah be pleased with him) considered the prophetic narration of harm as a sovereign prohibition and did not accept a rule called harm. After investigation and clarification that which view is closer to the appearance of evidence, the question of this research is how this rule can be used in information activities? Also, one of the other things that can be used in information activities is the connection of the discussed rule with the category of urgency and necessity. What is the relationship between these concepts and how is it used in the field of information and security? In this article, after expressing and analyzing the ideas related to the rule of prohibition of detriment, in addition to examining the possibility of using this rule in security activities, the connection of this discussion with the issue of necessity and the urgency and how to use it in information jobs will be investigated. This article is based on inferential and ijtihad method and based on the analysis of available sources, and we come to the conclusion that the rule of prohibition of detriment can be used in the issue of information and security as well which is closely related to necessity and urgency.

In today's world, one of the most important educational environments that affect children and teenagers in their education is virtual educational environments, and this environment is full of diverse teachings due to its freedom, and children and teenagers should not be left in this vast abyss. . Therefore, the purpose of the present research is to explain that if children and teenagers are taught how to use cyber space properly, this space can be used as an ability to achieve the goal of social prevention of delinquency in this age group. This article in its purpose is practical and written using descriptive-analytical method and using library resources. The findings of this research show that children and teenagers should not be left in cyberspace and guiding this age group in interacting with this space is a necessity to achieve the goal of crime prevention. The research comes to the conclusion that by creating suitable platforms in dealing with the possibilities and harms of cyberspace and turning this environment into a suitable educational environment, while respecting the rights and freedoms of children and adolescents, it is possible to use the social-oriented prevention tool to implement its goals, i.e. not to be biased. The children and teenagers of our country made the best use of delinquency.