نشریه دولت و حقوق
سال پنجم شماره 2 (پیاپی 16، تابستان 1403)

Nowadays, legal experts have largely neglected economic corruption and its unpleasant impacts on stability and social security. Disordering the country's economic security, like other violations of law has various manifestations in terms of the unity and plurality of its perpetrators. But in recent years, the desire to commit economic corruption through the formation of gangs and criminal groups has increased to take advantage of hiding from the country's economic anti-sabotage system and consequently living for a long time, on one hand, and have been encouraged to the formation of family gangs in major economic corruptors due to the lack of sufficient trust in people who are not related to them on the other hand. This trend disrupts the economic stability of the country through illegal currency buying and carpeting, money laundering, fraud, smuggling, etc. Despite the repeated statements of the Supreme Leader about the need to protect the country's economic system against economic corruption, the legislators have not paid enough attention to comprehensive legislation to prevent damage to the country's economic order by abusive intra-family relationships. This neglect leads to the passive confrontation of the judicial structure with the formation of family gangs that cause economic corruption on a big scale. This legislative and judicial gap justifies the importance of conducting research concerning this issue.  In this regard, the main question of this research is what is the extent of the duties and powers of the Islamic ruler regarding eradicating economic imbalances facilitated through family relationships? This research uses the analytical-descriptive method and observes the actions of the legislative and judicial authorities to reform the legislative procedure and, as a result, issue judicial warranties aligned with the implementation of the general orders of the Supreme Leader to fight against economic corruption.

Economic corruption is a multi-faceted and complex matter and one of the issues affecting the current society of Iran, which has many destructive economic and social effects. Therefore, in the current era, the prevention of economic corruption is essential. Despite the existence of various laws and numerous efforts, fighting against corruption has not been effective in the Islamic Republic of Iran. The prevention of corruption in the sense of the action strategies of Iran's criminal policy is based on a series of existing laws and regulations with the aim of normalization and systematization which have been ineffective. The prevention of economic corruption has been considered in many laws such as Administrative Health System Improvement Law. despite the existence of important principles and a strategic model for the prevention of corruption in some laws, some damages have hindered the effectiveness of existing laws such as the plurality of legislative authorities, the multiplicity of people in charge of prevention, as well as the confusion, ambiguity, and inefficiency of these laws.
In this paper, based on the descriptive-analytical method and relying on library sources, the aspects of the mentioned issue were investigated to evaluate the laws related to the prevention of corruption, and the damages were identified to prove the hypothesis of the lack of objective achievement of criminal and non-criminal prevention of economic crimes in recent years. At last, it presents some suggestions on how to amend laws to effectively prevent economic corruption.

Administrative corruption is a global problem and the biggest obstacle to reform and progress in any country. Administrative corruption which is rooted in the administrative system and the administration of government affairs is a problem plaguing most of the developed and developing societies. This kind of corruption becomes more apparent with the forward movement of societies and causes disruptions in the development process. Administrative corruption is considered one of the chronic diseases and the oldest injury of the administrative system because it is a cognate phenomenon of the government. As long as human activities take an organized form, administrative corruption emerges as a result of internal interactions with the environment. Since the most important political capital of governments is the people’s trust in rulers and all kinds of corruption, especially administrative ones, undermines this trust, it is an undeniable necessity to deal with corruption in the administrative field. This paper adapts Iran’s administrative organizations to the samples of administrative corruption in Islam and its coping methods based on an analytical-descriptive research method. It also provides a comprehensive and systematic idea about the solutions to fight against administrative corruption based on the Islamic sources and related laws of the Islamic Republic of Iran, considering the place and importance of the government’s role in the material and afterlife excellence of human beings. Finally, it was concluded that according to Islamic sources, the prevalence of corruption in society has closed the path of many social and national developments and has put huge costs on the shoulders of the country and the people. We need basic programs in Iran to eliminate or reduce corruption in the administrative system and society.

One of the government's sovereign duties is to protect the country's cultural heritage and historical monuments. This heritage may be impaired for several reasons, including natural and human factors. The government is obliged to anticipate solutions to confront any invasion of this heritage. One of the guarantees of performance preservation of thisheritage is criminalizing them if they are attacked. So far, not much research has been done in our country on the Crimes against cultural heritage. This paper uses descriptive-analytical research and library data collection methods to answer this question which acts are our criminal law defined as crimes against cultural heritage and what are their legal flaws? The Legislator from the constitutional era and then the Islamic Republic especially in the Penal Code, has established acts as crimes against this heritage which can be categorized as crimes against movable and immovable historical artifacts.

The growth and promotion of people's position in the legal systems have caused the recognition and guarantee of citizenship rights to become one of the most important standards for monitoring laws and regulations and measuring the establishment and functional desirability of institutions and executive bodies. Considering the foundations of the establishment and the position of the Administrative Court of Justice in guaranteeing citizenship rights, the position, structure, and Jurisdiction of this institution have been measured and evaluated based on citizenship rights. The result shows that the valuable position of this institution in the protection of civil rights provides the basis for promoting the independence of this institution and as a result, guaranteeing the maximum of citizens’ rights provided that it should be placed under the supervision of the first person of the country. In the structural dimension, the establishment of the Court of Justice's Prosecutor's Office to actively monitor government and general regulations, as well as the creation of court branches in the provinces and, if necessary, in the cities, provides the basis for the realization of the principle of the availability of the court. In addition, in the structural dimension, by removing some elements and modifying some processes, it is possible to prevent the unnecessary delay of proceedings, which seriously violates the rights of citizens. In terms of jurisdiction, taking into account that filing a lawsuit in the court as an institution that supports the people against individuals and institutions with public authority has been one of the most important ways of protecting the rights of citizens in the mind of the constitutional legislator. Adding to the jurisdictional exceptions of this judicial authority through the approval of normal laws, government regulations, and also the judicial procedure as it has become customary in the current system governing this institution, is considered to be a clear violation of the citizenship rights of individuals.

Obtaining a guarantee from the worker in various forms, means and scales is one of the issues and dilemmas that unfortunately has become widespread in labor relations and is seen abundantly. This is even though such a matter has no legal truth and has not been recognized in any of the legal provisions. It should be noted that obtaining a guarantee is mainly analyzed in the space of private law and has no place in today's young and progressive labor law, which is examined and matured under public law and has distanced itself from the principles governing contract law and has identified its principles. The present descriptive-analytical research concerning the spirit governing the labor law and the principles of interpretation of labor rights such as "supportiveness of labor rights", "extended interpretation in favor of the worker", "the maximum of the worker's duties" and "determining the will of the worker in accepting the conditions Unfairly" and answers to this question: “what is the legal basis for obtaining a guarantee from the worker by the employer?” According to the hypothesis, it was concluded that the legislator's silence is not considered as issuing a license to obtain a guarantee from the worker. Therefore, the legislator must enter into the issue and provide a suitable model to solve such a problem so that the socio-economic aspects of labor rights are maintained; In such a way that obtaining a guarantee from the worker is not a means to intimidate him and is placed as a pressure lever in the hands of the employer to prevent the fulfillment of the worker's legal rights, nor is the employer, due to lack of trust in the worker and fear of harming his resources, capital and information, To discourage the production and establishment of workshops.

International treaties are recognized as important elements in establishing connections between different legal systems, and they have also been endorsed by the Constitution of the Islamic Republic of Iran and Article 9 of the Civil Code. The fundamental issue related to the position of international treaties within the Iranian legal system requires the recognition of the various classifications of international treaties based on criteria such as form, substance, and the formalities of their conclusion. This is necessary to determine how the institutions and authorities involved in the treaty-making process, under the provisions of the Constitution. This research examines the concept of a treaty from various perspectives, as well as the definition provided by Article 77 of the Constitution, and the treaty-making process outlined in the 1969 Vienna Convention on the Law of Treaties, concerning the Iranian Constitution. It identifies the duties and responsibilities of each of the relevant branches of power and authorities to prevent any potential liabilities for Iran. While Article 125 of the Constitution outlines the process for approving treaties and the roles of the Parliament and the President, the significant involvement of other institutions necessitates a precise determination of the position and responsibilities of the executive, legislative, and judicial branches based on the principles of the Constitution and its authoritative interpretations. Additionally, the scope of authority of other entities, such as the Guardian Council, the Expediency Discernment Council, and the Supreme National Security Council, which may have an impact on this process depending on the subject matter, should be clearly defined. Despite the clarity of some of the duties and responsibilities of the branches of power and sovereign institutions, there is still ambiguity and inconsistency in certain areas. This underscores the need for a comprehensive law regarding the conclusion and implementation of treaties, and even the potential necessity of amending the Constitution.