نشریه تحقیقات حقوق خصوصی و کیفری
سال نوزدهم شماره 3 (پیاپی 57، پاییز 1402)

The current research has been carried out with the aim of monitoring commercial companies in Iran and Germany with an emphasis on shareholders' rights. The most important assets of companies are their shareholders. The main characteristic of German law is the involvement of shareholders in the supervision of the company in the management of its affairs; In such a way that the representatives of the employees are present in the supervisory board along with the representatives of the shareholders at every stage. The supervisory board in Germany is generally appointed by the shareholders as part of a resolution passed by the shareholders' meeting. If a joint-stock company is subject to the provisions of the formation law, the employees also determine the composition of the supervisory board. While in joint-stock companies, the supervisory board supervises the company's policy, in a limited liability company, this task is generally the responsibility of the company. It is a shareholders' meeting.After that, the discussion of setting up a supervisory board is raised, especially for medium-sized companies. The findings of the research indicate that monitoring in companies has structural and legal challenges, such as the silence of Iran's laws regarding the determination of the relationship between the inspector and the company, the determination of explicit rules in the civil code regarding monitoring in companies, emphasizing the rights of shareholders.

Child abuse is a behavior and situation in which a child becomes a victim of torture and physical, emotional, sexual, emotional, neglectful, and sometimes structural abuse. The World Health Organization considers the issue of child abuse to be significant in four areas; Physical child abuse, sexual child abuse, emotional child abuse, and neglect. The first anti-child abuse law in Iran was approved in 2002 in order to implement international documents and to respond to the call of organizations and institutions supporting child rights and to create a deterrent against the phenomenon of child abuse. With the discovery of the shortcomings of the law and after about two decades, this brief law in 1399 was completely repealed and replaced by another new law. Despite the fact that the Iranian legislature in 2002, according to the Law on the Protection of Children and Adolescents, in particular, considered physical abuse of children in addition to emotional and psychological abuse, criminalized and punishable, in recent amendments, despite compensating for some shortcomings of the previous law And address issues such as child sexual abuse and child abuse due to neglect; But in general, the most obvious form of child abuse, namely physical child abuse and mental child abuse, has been forgotten, and this important issue has been removed from the examples and scope of child abuse criminalization in Iranian law in complete disbelief and completely ignored by the legislature

The murabaha is one of the Islamic contracts and it is a type of sale contract, which is annexed to the third chapter of the law of usury-free banking system (approved on 1362), according to the article 98 of the fifth development plan (approved on 1389). The conflicts between the payer and receiver of the facility is a common thing because of the extent of transactions in this district; but financial institutes insert some imposed restrictions and conditions that the applicants have no choice except accepting the conditions in the contract. The question is whether with these imposed conditions, it is possible to file a lawsuit and enforce the rights related to the resulting disputes in the legal system and courts of Iran and Malaysia? This research using descriptive, analytical and comparative method and document collection of information, concluded that the murabaha contracts of Iranian banks with individuals include imposed conditions that prevent protesters from suing such contracts. Also in Malaysian judicial system, while emphasizing the contractual terms, if the terms of the contract are unfair to one party, the courts will set aside the said contract and decide with observance of justice, however in case of conflict between sharia rules and federal laws, the judges use the federal law as the criterion of action. It is necessary to amend the current procedure of banks and review the imposed conditions contained in the murabaha contract, to file a lawsuit and fulfill the rights of individuals and execution of justice

Auditory narcotics are sound stimuli that are used through the auditory faculty, and by having the characteristic of neural conditioning, they simulate the unjustified states of other known traditional and industrial narcotics with the minimum sensory level of alcohol and the maximum consumption of heroin in the neurological faculties of the users. they do This research, using the library method and practical purpose, analyzed and described the criminological foundations and reasons for the tendency towards this sinister phenomenon and it was determined in this regard; This unknown approach, due to the indifference of civil norm-making institutions and weakness in internalizing its social ugliness, is devoid of the characteristic of drug labeling and shaming, and due to weak self-esteem; Imitation and change in lifestyle and social leisure, as well as the curiosity of drug users in experiencing the false excitement of recombinant sounds, the preferential tendency to use it has increased, especially among people with behavioral risk, and for this reason, social control and the adoption of preventive measures, including Public and criminal in it has faced a serious challenge due to the nature of beneficial choice and the speed of action in consumption, as well as the secrecy of the identity of the user and the lack of obstacles in education and the deprivation of opportunities for use and the emergence of the inherent characteristic of the movement of the criminal.

Doping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it has clearly formed among some criminal policymakers, and some countries have explicitly criminalized doping and punishing it, but despite some other countries have not taken action in this regard. A clear example of the first countries is England, Germany and France, and an obvious example of the second category countries is Iran. The claim of this article is that by using the experience of criminal law systems in England, Germany and France, it is possible to take steps towards the criminalization of doping in Iran's criminal law and in this way, between the approach of Iran's criminal law system and the view of the system. The mentioned legal issues created more alignment. The main hypothesis of the current research is that the criminalization of doping in Iran's criminal law has a significant effect in reducing it. In order to further investigate these categories, in this research, while studying the concept of doping and the basics of its criminalization in the criminal law of England, Germany and France, the challenges facing the process of its criminalization in the criminal law of Iran have been examined. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for collecting information is survey.

The currency system of the country has been in turmoil in recent years due to the imposition of international sanctions against Iran, and illegal currency brokers and traders have fueled this turmoil. Meanwhile, some unauthorized foreign exchange brokers and dealers have further provoked the turmoil. Unfortunately, by forming groups of hundreds persons in real life and virtual environments, some of the brokers attempt transactions called “foreign exchange value tomorrow” something which, according to economic studies by the central bank of Islamic republic of Iran, have created disturbances in the Iranian economic system. foreign exchange value tomorrow transactions include those transactions when the parties, without giving or taking, postpone foreign currency delivery to tomorrow or some days later, while most of the time no delivery takes place, and the parties just regard the exchange rate difference. According to the regulations of foreign currency exchange and amendment of anti-smuggling of goods and currency act, foreign exchange value tomorrow transactions, are considered illegal.

The evolution in the nature and form of international threats in the current century is due to the process of globalization, and terrorism has become transnational and international in response to these changes, which usually occurs with the organization and use of new technologies.Thus, these characteristics have added to the difficulty of fighting and preventing it. Arguably, self-defence against non-state actors is at least sometimes legal. But in terms of the emergence of new types of terrorism such as water terrorism, international jihadism, cyber terrorism, and finally the acquisition of dangerous radioactive, chemical, and biological weapons by terrorists which suddenly endangers international peace and security, This issue is raised, considering the coordinates of modern terrorism, what is the position of reference to preemptive and preventive attack in international law? This research examines the proposed legal theories and arguments with a descriptive analytical method and tests the hypothesis that governments have the right to resort to self-defence by using military forces if they are exposed to an armed attack.