دو فصلنامه بررسی های حقوقی (مجله تخصصی حقوق اقتصادی)
سال دوم شماره 3 (بهار و تابستان 1391)

Considering the undesirable symptoms of using smuggled cosmetics and hygiene on the health of consumers and also the advertisement of using these items among the target countries by the dominating countries, designing and implementation of a comprehensive operational program capable of being administered at the levels of executive authorities are very necessary. In this research, Hamadan University of medical sciences designed and compiled a comprehensive operational program which is capable of being executed and the optimum manpower and new information technology are to be used. At first, based on the statistical calculations, the frequency rate of smuggled cosmetics and hygiene items at the province level and at two time periods meaning the beginning and the end of the program are determined. The proposed program was carried out in 3 cultural, executive and research levels. In compiling this program, using new tolls for sending information and innovations such as sending educational text messages, attachment of educational texts to the public’s utility bills, utilizing the power of medical science students in face – to – face teaching of people, comprehensive training plan for the province’s hairdressers, carrying out research programs, etc, have been taken into consideration. A Teh Journal Of Legal Analisis Tazirat The 2rd Year Of Publication No.3/2012 Spring & Summer Abstract The results indicate a successful experience and a 41% reduction in smuggled items only in the first year of carrying out the four year program at the level of province. Among the cities, Razan and Kabootar Ahang with a 63% reduction and in items such as baby diaper with a reduction of 87% had the highest reduction. Among eye cosmetics which brings special sensitivity and they have low prices and because of the low prices, there were too much of them in the market and they had accused a real headache, there was a 30% reduction which was significant. Taking into account the fact that the desired goals were materialized in regards to the unsafe market as a result of the existence of smuggled goods and a reduction of 65% unauthorized items at the level of Hamadan province, it seems that the recommended model has the capability of being carried out at the level of the country’s medical sciences level.

The smuggling of goods and foreign exchange is some kind of social problem that will cause the emergence of disorders in the fields of economic and trade appropriations and while under complicated conditions, a productive economic system can blossom, it will bring along some crises. To face this inappropriate economy needs the public luck from the internal point of view and the conformity of policy making including making laws visa vis the acceptable international laws. It is obvious that the punishment that has been considered for the crime of smuggling should be fair as such that both the rights of the accused and the society are respected because the purpose of imposing punishment is to maintain the rights of people and the prevention of the punishments’ aggression in the name of materialization of justice which is emphasized so much in the charter of human rights. One of the laws that is in contradiction with the accepted international laws and the human rights are the laws related to smuggling goods and foreign exchange in which some segments of them do not respect the rights of the accused. The pathology of the mentioned laws indicates that these laws require review and improvements.

Smuggling apart from the current ambiguity in the definition، based on the volume of the items being smuggled، it comes in different shapes and forms. However، it may not be far from the truth if we think of it as a completely organized crime in some parts of the country. The obvious example of organized smuggling subsidized petroleum products in the south، southeast and west of the country (guidelines of the anti smuggling and foreign exchanges headquarter approved in 1387/2/16 and amended in 1388/2/30). However، the question is how much the crime of smuggling goods and foreign exchanges، as we have witnessed in the recent decades، have been the center of attention for the punitive policy makers. Committing the crime of smuggling goods and foreign exchange as an organized crime compared to the ones that are just for making a living، not only causes the spread of the harmful effects of this crime، but even finding its way into the country’s social and economical aspects and causing the commit in of crimes whose roots are in smuggling. Considering this important matter and the fact that some of the perpetrators of these crimes، somehow، mange to penetrate into the society’s prominent organization and as a result some active members of the society or rightful manpower will be deprived of having jobs، it is important to one again to study and evaluate the criminal policies and especially the recent laws that were ratified to fight the above mentioned crime. In this article، considering the rules and regulations regarding smuggling goods and foreign exchange especially in the area of distribution، we will look at the comprehensive bill for fighting this crime and analyze its different dimensions.

There are several complicated factors involved in the smuggling of goods; some of them are related to economic and social issues and some others are related to the relate laws, and the planning strategies. Smuggling goods imposes undesirable effects on the financial and economic organizations of the society and it causes the destruction of financial plans and the allocation of resources. Smuggling goods, sometimes, shuts down the industry. Smugglers attempt to smuggle goods using fake documents and false identities and to do so, they utilize whatever needs possible. Based on these information, we can say that there is some sort of network or organization. This organization has a very useful and effective structure. It also has an extraordinary flexibility, but at the meantime, it is very native, and performs at the local level. In this article, there is an attempt to answer the following questions. How do other countries cope fight against it? How are the smuggling organizations do their operations including providing and smuggling goods in the countries under study? And ultimately how can those who fight against smuggling be paid for their efforts according to the rules and regulations?

Because economic problems and rules limiting the import of goods, the smuggling of goods and foreign currencies have become one of the problems of the society and many law suits about these issues, have been filed in the courts. On the one hand, the lack of a legal definition of smuggling and referring the cases to the legal authorities based on the evidence and on the other hand approval of multiple laws that are contradictory, have made dealing with these issues complicated. The laws related to smuggling goods and foreign currencies are scattered to the point that some are the responsibilities of Iran’s Islamic parliament and some are the responsibilities of the assembly for the selection of the best course of action for the regime. Consequently, there are not any cohesiveness and coordination in the laws related to these issues. Secondly, the authorized sources for dealing with smuggling and the method of determining punishment are so complicated that confiscation of goods happens for some violations and for some others, imprisonment is the punishment. The procedures of executing justice and appealing for smuggling goods and foreign currency are challenges that have been created by the laws themselves. There fore, the procedures for the above mentioned cases require extra attention. It is necessary to mention that because of the practical way of taking care of smuggling goods and foreign exchange crimes, the current research is based on the judgment of the researcher and not many sources have been used.

Gray market takes shape when a production company inaddition to the main company produces in a few other countries too. In other words, it means the distribution of brand names by unauthorized people. Gray salesmen sell the merchandise lower than the market price and this practice is called parallel imports and usually it happens when there is a shortage of distribution or the producer wants to raise the price of the products. Considering the importance of the gray market and issues related to it, in this article, there is an attempt to discuses:1) the history of smuggling goods 2) the meansing of gray market and what factors contribute to its creation 3) the consequences as a result of the gray market coming into shape 4) the presentation of two economic and legal strategies coping the best possible with the gray market.

Smuggling goods and foreign exchange is a part of the country’s economy for the purpose of making profits through illegal domestic and foreing trades. This unpleasant economic phenomenon is one of the most important issues in developing countries including Iran and it has left behind some disruptive results both in the economy of the countries by decreasing the public’s income and the state’s revenues and a low lack of having control over the standards of goods’ production. Consequently, a lot of money is being wasted by the states to fight and prevent the spread of smuggling. Different countries especially the developing ones in order to reduce the volume of hidden economy, have adopted different policies. One of them is confrontation in the judicial way with the smuggling phenomenon. It is possible to respond to a criminal behavior by having access to the judicial policies of the country of the criminal accused of smuggling. Apart from the method of determining the criminal actions that can be defined as smuggling, smuggled items take a special route to the country for origin to reach the consumers and this route is called the network and chain of smuggling drugs. The most important circuit of this network is the market and the location of rendering these smuggled goods to the final consumer. Paying attention to the importance of detecting and fighting how the smuggled goods are entering the country is as important as how they are reaching the consumers in the country of destination. Since Iran and Turkey have everlasting common geographical, economical, cultural and religious points together, the special economic power of this country and special attention that Turkey pays to the issue of fighting smuggled goods at the level of distribution, etc., and taking into account the special attention Iran as the most important platform pays to fighting the drugs, comparative study of fighting smuggled goods in Iran and Turkey is the subject of this article. By doing so, we will answer some probable criticism and discuss the importance of fighting the smuggling crime with a progressive neighbor country within the realm of economy and we will also explain the judicial policies of both countries.

Smuggling goods is one of the crimes against the economic system of a country. The harmful effect of this crime on production, trade, investment, occupation and the reduction of the government’s income is not hidden for anybody, consequently, any country based on its civilization background and its economic and social conditions tries to come up with strategies and punitive reactions to control and fight with this phenomenon. In our country, after the establishment of constitutional monarchy, the legislator considering smuggling to be a crime and its social consequences came up with punishments such as imprisonment, the confiscation of the smuggled merchandise and penalty for those who commit such crimes and put them into. The law in 1312 which was a relatively comprehensive law with the goal of confronting the criminal. In this article, there is an attempt to clarify and analyze the crime of smuggling goods and foreign exchange in the domestic law and a look at it though the criminal policies hoping that by careful examination of the rules and regulations concerning smuggling, to be able to analyze the smuggling of goods and foreign exchanged comprehensively and consequently in 1350 the customs affairs law was ratified and carried out in order to control the goods coming in and going out. By enacting this law the government showed its legal support of the country’s traditional trades governing the society. This law was sufficient enough to confront smuggling goods for a few decades because the scope of smuggling crimes in those days were not at such a high volume that would be considered to be an economic eye- sore worrying the country’s authorities. However, as the time passed by and after the success of the Islamic Revolution especially since 1367 because of the reasons, we will discuss later, the crimes of smuggling goods and foreign exchange have become widespread and deeper, and the negative effects of this problem have absorbed the public’s attention, causing the public’s concerns. According to the research conducted in this matter, the annual volume of smuggling goods in Iran has been between 4-6 billion dollars.

Today, on the one hand, the development of information technology and the expansion of telecommunication and eye – catching change in the filed of economic exchanges and relations between countries have brought nations closer in consuming the same products and on the other the borders and economic policies as a result of enforcing the governments’ authority in exporting and importing matters have created a phenomenon called smuggling. This phenomenon, in addition to the economy, ahs also affected all the social, political and legal aspects and in our country, it has inflicted a lot of damages to the people and the integrity of the country as a whole. Disturbance in the trade and administrative policies of the government, a decrease in the public’s income, a threat to the society’s health, the consumers and also a weakness in the national production are some of the most important negative effects of smuggling goods on the national economy. So far, a lot of programs have been offered for prevention or fighting against smuggling, but the ever growing growth of this condemned phenomenon indicates the lack of necessary and enough effect on this problem. Protection of national production and the creation of the culture to use only domestic products can create the atmosphere for the permanent elimination of smuggling. To do the task right, there is a need to avoid chanting slogans, to analyze the existing challenges, plan, present necessary tasks and carry out the exact strategies. If the authorities, investors and people do their tasks and duties properly, reaching the goal will not be difficult.