نشریه تعالی حقوق
سال چهاردهم شماره 4 (زمستان 1402)

According to Articles Nineteen and Twenty of the Iranian Constitution, all individuals, including men and women, are equally subject to criminal laws, and gender makes no dual standard. However, although both men and women have equal rights as they are human beings, what comes from criminal laws and regulations indicates the distinction between them in terms of rights and duties.Another noteworthy issue is that, neither before nor after the Islamic Revolution, no law has ever been passed in the Iran’s criminal laws regarding the punishment of perpetrators with a hermaphroditism disorder. In the present paper, the impacts of hermaphroditism on the realization of sex crimes, the treatment of criminal cases of hermaphrodite children and the execution of their sentence are investigated given the specific characteristics of these individuals and the gender difference of age responsibility for criminal cases. In this vein, there were used descriptive-analytical method and applied approach and the substantive and procedural laws were reviewed. The results indicated that gender plays a key role in the occurrence of some crimes and, in cases where there is no gender for the child; the legislator has not specified any rule. There is also no differentiated approach to judicial review and enforcement, whereas, given their specific physical and psychological status, this approach is essential in reviewing and enforcing sentences against these individuals.

Tender complaints board is constituted according article No. 7 tendering procedure Act for reviewing tender complaints between tenderers and government agency, holding tender. competency between this board and judicial courts are observed with the priority of the mentioned board. Being judicial or administrative nature of this board is point of dispute, which effects on parties’ rights to understand which jurisdiction can appeal board decision. Because of the board is an exceptional turbinal, so it has exceptional competency to review the complaints are brought before, therefore any doubt in the board competency will lead us to general competency of judicial courts. In USA for resolving these disputes, civilian and armed board of contracts appeals have competency which their decisions caul be reviewed by Federal Court of Claims. At England all the disputes brought before high court of justice.

The protection of fundamental labour rights depends on the determination of international labour standards and norms and its inclusion in the constitutions and ordinary Rules of countries and Legislative and judicial protection of fundamental labour rights.The main question,what is the role of the International Labour Organization and the Administrative Court of Justice Iran in the process of constitutionalization the fundamental rights of labour and subsequently protecting these fundamental norms?In this article,using the descriptive and analytical method,the practical procedure of the International Labour Organization and the Administrative Court of Justice in protecting the fundamental norms of labour and entering them in the existing legal order and challenges are reviewed and analyzed.The results of the research indicate that the International Labour Organization on the one hand provides international labour standards and on the other hand monitors the adoption and implementation of these norms in the legal order of countries and moves towards the unification of world legal order and the global labour constitution.In Iran,The Administrative Court of Justice,with its quasi-legislative and judicial oversight,is bringing the basic norms into the legal order and is moving towards the process of Substantive constitutionalization of Fundamental labour rights,but it is facing challenges

Stakeholders theory, first proposed in 1984, states that the company has a wide range of relationships with a wide range of individuals and groups who participate in the activities of the company, and the company, through its actions and decisions , affects groups and individuals. Therefore, the company's special attention to these individuals and groups is very effective in the success and development of the company. Now, among all the individuals and groups of stakeholders, the employees of commercial companies are of special importance. The reason for this claim is that employees form the executive section of the company make the wheel of production and services roll in commercial companies. Firstly the company's support for employees will directly cause the improvement of the performance of employees and improving the performance of employees will be equal to improving the performance of companies and ultimately achieving profit, benefit and welfare in the long period of time. Secondly, it will protect the rights and interests of employees and ensure their job security. In the present research , which has been collected through the library method, we will first identify the employees as the stakeholders of commercial companies and then we will analyze the principles identify and support solutions them as the stakeholders.

Theory of transferred malice in English legal system and its applicability to Iran's criminal lawAbstractThe theory of malice transferred for the first time in 1576 AD in the English case Regina v. Saunders & Archer was brought up and it is currently referred to in English jurisprudence. The reason for inventing this theory was to consider the murder as intentional due to the mistake of the perpetrator in the person of the victim. In such a way that the perpetrator had the intention of killing a certain person and actually tried to kill him, but because of a material mistake, he kills another person. This theory is based on the centrality of transferring the intention from the intended person to the unintentional victim. In the book "History of the Coronation of the Police" by Sir Matthew Hale, which is considered an influential treatise in English criminal law, it is stated that the reason for the transfer of intent is simply law or justice. However, the important question of the current research philosophy is the applicability of this theory to the criminal law of Iran. Some jurists claim the manifestation of this theory in the note to Article 292 of the Islamic Penal Law 2013; While this claim is not acceptable. Because the mentioned note is independent of criminal intent as a face of malice and the main axis of it is the other face of malice, which is the knowledge of realizing the criminal result. This is while in the theory of transferred malice, knowledge or awareness of the criminal product has no place.

The legal principles that the judge should pay attention to in determining the penalty; There are four clauses mentioned in Article 18 of the Islamic Penal Code. These four clauses are: a) the motive of the perpetrator and his mental and psychological state while committing the crime, b) the method of committing the crime, the extent of breach of duty and its harmful results. c) Actions of the perpetrator after committing the crime and d) Records and personal, family and social situation of the perpetrator and the effect of punishment on him. In such a view, the victim has no place and no effect of his intervention can be seen. The part that the current research intends to examine with a descriptive-analytical method, but has not been considered in the clauses of Article 18; It is "victim state" and also "victim's effects on the victim". The results of this research show that the individual characteristics of the victim (gender, race, religion, relationship of the victim with the criminal and physical or mental disability) and the actions of the victim (incitement, illegal action, compensation and consent of the victim) can be effective in determining the punishment. Also, the reason for the inclusion of aggravating and mitigating factors is that in the essence of each of them, they intensify or reduce the risk of injury and the degree of blameworthiness. Therefore, it can be said that these factors can be examples of the main constituents of mass proportion.

Justice is the main concern of philosophers and thinkers, has left its most important impact on the science of law. Along with the development of human societies from ancient times to the formation of modern governments, philosophers have offered various definitions of justice. The concept of justice is considered by Greek philosophers as the basis for the formation of this concept in the structure of political societies. Coinciding with the developments of the Middle Ages and the beginning of the Renaissance, law was mixed with another form of justice. Concepts such as just war led to the notion of justice as the most fundamental goal of law. Has enjoyed. In particular, this development has been well reflected in the distributional justice that governs state sovereignty. In this article, the concept of justice among philosophers and its developments from ancient times to the era of modern governments have been studied and concepts such as equality and justice have been considered as alternatives to justice.

Judicial supervision is considered as integral part of the arbitration process, which is theoretically a rule derived from the principle of competence- competence. This rule means that the supervising court, regardless of the decision of the previous court at the time of the arbitration hearing, Supervises public jurisdiction by considering the contract and the arbitral award. Given that the relationship between arbitration and the court in all legal systems has raised many issues that the law is not explicit about, it seems necessary to examine the scope and effects of court supervision of this relationship in terms of competence. Therefore, the present article, which examines the analysis of court supervision of arbitration competence, seeks to answer the question of what is the position of court oversight in terms of formation, scope and effects? The findings of this study indicate that, in order to exercise court supervision, the existence of some conditions and the absence of obstacles are necessary. In the supervisory phase, in addition to controlling the general competence, the court is also responsible for appointing the competent arbitral tribunal, and despite the legislator's silence, the court supervision also includes the annulment of the arbitrator's incompetence. In the case of supervision, according to the principle of competence- competence, the court can also enforce the annulled judgement in another country and consider the annulment judgement to have a territorial effect. The effects of the court's supervision on the annulment case are mainly reflected in the presumption of annulment of competence judgement.

Grading from a lexical and idiomatic point of view, as it is known, means measuring, determining, measuring, numbering, rating, etc. Grading based on a new logic known as fuzzy logic is one of the very practical and new topics that is discussed and studied in most sciences, including the science of law. In the science of law, criminal law is one of the trends that will be introduced in the current laws and regulations in accordance with this new topic. The present study was written with a descriptive-analytical method and with the aim of examining the background, foundations and principles governing the grading of punishments in Iran's legal system, and it comes to the following conclusion 1- Legislative changes in Iran's criminal system show that the punishments in criminal laws are A single classification has not been followed; Therefore, the same classification is not seen in the five legislative periods (1304 General Penal Law, 1352 General Penal Law, 1361 Islamic Penal Law, 1370 Islamic Penal Law and 1392 Islamic Penal Law). 2- Grading of punishments in Iran's legal system is based on jurisprudence and legal principles. This is to explain that for the classification of punishments, in jurisprudence and law, certain principles have been taken into consideration, and after the Islamic revolution, the classification of punishments has been started with the emphasis on visa based on Sharia. 3- Today, although grading or phasing in criminal law as one of the topics of the day is influenced by fuzzy logic, it is not unrelated to some known principles in the criminal system. Among these principles, we can mention the principle of legality of crime and punishment, the principle of equality of punishments, the principle of proportionality between crime and punishment, the principle of individualization of punishments, which are written in ...

The legal system of the Islamic Republic of Iran, with the aim of protecting workers and guaranteeing minimum benefits and job guarantees for workers, in many important cases has accepted government intervention in the relationship between workers and employers and limiting the will of the parties in concluding, managing and terminating contracts. Ensuring the "job security" of workers is addressed in these steps. However, according to the basic rule of Sharia, contractual freedom is considered as one of the original Islamic systems and the consent of the parties in employment contracts is considered correct and necessary. The present study seeks to answer the question with an analytical approach, whether from a jurisprudential point of view, the government is obliged to provide job security for workers or whether the role of the government is evaluated differently? The findings indicate that the protection of employed workers by ensuring their job security should not be at the expense of harming the employer, the workshop and jobseekers, but the government is obliged to protect the workers' employment security, rather than trying to ensure their job security.