legislative

Open Access Article

1 - Effective conditions and factors on tax policies implementation
G. Memarzade H. Taherpour Kalantari

For finding effective factors on implementation of tax policies, approved by parliament, first, inconsideration to theory bases, researcher fined 36 variables. Based on these variables, a questionnaire with167 questions was provided. In consideration with 233 tax rules, More

For finding effective factors on implementation of tax policies, approved by parliament, first, inconsideration to theory bases, researcher fined 36 variables. Based on these variables, a questionnaire with167 questions was provided. In consideration with 233 tax rules, 350 auditors and chief auditors of TaxOrganization of Tehran (sample size), implementing tax rules, answered the questions. Using of Varimaxmethod of Factor Analysis, 167 questions was formed 12 factors: 1) transparency of tax rules and policies, 2)organizational leadership and attention to community culture and participation in policy making, 3) social –political conditions and people support, 4) importance of implementing organization for other organizationsand constitutions, 5) commitment of implementing organizations and their management to policyimplementation, 6) attitude of personnel of implementing organization, 7) cooperation and consentienceclimate in organization, 8) tendency and motivation of personnel of implementing organization, 9) diversityof taxpayers and dependent organizations, 10) time limitation and guaranty of implementation, 11) economicconditions, and 12) knowledge of personnel of implementing organization. Variance of these factors was49/7. Manuscript profile

Open Access Article

2 - Vali-e-Faqih and the Legislative Criminal Policy of the Islamic Republic of Iran
amin allah zamani

10.30495/jijl.2022.63749.1482

The institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Sup More

The institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Implementing direct policy and legislation of the authorityThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Manuscript profile

Open Access Article

3 - Legitimate Justice from the Perspective of Imamieh Jurisprudence and Iranian Law
Ali Bagheri Alireza Hasani Vali Rostami

Social justice is characterized by four approaches: right to justice, merit, equality and social balance. The need for realizing these approaches in society is fair legislation. Legitimate justice in the Islamic Republic of Iran is based on Imam's jurisprudence, and in More

Social justice is characterized by four approaches: right to justice, merit, equality and social balance. The need for realizing these approaches in society is fair legislation. Legitimate justice in the Islamic Republic of Iran is based on Imam's jurisprudence, and in this paper various aspects of jurisprudence and law have been analyzed. The research method is qualitative descriptive-analytic. According to the studies, in order to formulate and enact fair laws and achieve justice in society, in addition to the need for legislators to be fair, the legislative process and the nature of the laws should be fair and in accordance with Islamic law and Imam's jurisprudence. Equality, comprehensibility, ratification of a competent authority, generalization and publication of laws from the characteristics of justice in the process of shaping the law. Justice in the nature and content of the law involves attention to differences, the provision of minority rights, ethics, and alignment with upstream rules. Manuscript profile

Open Access Article

4 - The Relationship between Environmental Law and the Flood Crisis: A Case Study of the Environmental Legislative Approach of the Islamic Republic of Iran
Ali mashhadi Ali Bayati

10.30495/jest.2022.51734.5038

After the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regu More

After the flood, especially in recent years, the key question is what the relationship between environmental law system and the flood crisis?. In this regard, environmental law has been enshrined in the pre, before and after the flood, with numerous rules, laws and regulations. The importance of analyzing the relationship between floods and environmental rights goes back to the impact that environmental laws and regulations and natural resources have on each other. On the one hand, ignoring and violating preventive laws and regulations of the environment and natural resources can lead to the occurrence of this crisis. On the other hand, flooding can have a adverse effect on the environment.In Iranian environmental law, despite the adoption of numerous laws and regulations to prevent flooding, numerous deficiencies can be investigated. These deficiencies can be classified into three categories: normative, institutional, and behavioral. In this paper, the author use an analytical-descriptive approach, library resources, laws and regulations and procedures. While presenting the existing environmental law system, the environmental legal approach of the Islamic Republic of Iran during the three periods before, during and after the flood to be examined.The basic presumption of this article in response to the main question is that in order to prevent and deal with the flood crisis, there are three categories of legal deficiencies mentioned, especially in the field of laws and regulations, and environmental laws and regulations related to floods need to be amended. Manuscript profile

Open Access Article

5 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoud

In the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b More

In the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile

Open Access Article

6 - State exception and paradox legitimacy of revolt in Achaemenian state
rohollah eslami

State exception and paradox legitimacy of revolt in Achaemenian state Abstract: Achaemenian state is the beginning rationality in political human history. For proof this supposition we can refer to charter and inscription in this period. Cyrus cylinder and inscription o More

State exception and paradox legitimacy of revolt in Achaemenian state Abstract: Achaemenian state is the beginning rationality in political human history. For proof this supposition we can refer to charter and inscription in this period. Cyrus cylinder and inscription of Dariush show the principle of governmentality Achaemenian and apparatus ideological state. In this article use theoretical framework from Althuser, Foucault and Agamben for analysis. State always show all act and decision are rationality but in reality rule of exception governed in the environment politics. Inscription Katibe Biston is ancient ideological apparatus state and dilemma about what reality happen in history. In this article I analysis legitimacy of revolt in achaemenid state and show according to framework state exception have paradox in statement inscription. Worldview this article is critical theory that attempt related problem contemporary to the tradition. Therefore legislative government in Katibe Biston is paradox we can’t understand what is reality but we can recognize ideological apparatus Achaemenian state. Manuscript profile

Open Access Article

7 - The Status of Non-Governmental Organizations in Legislative and Judicial Drug Policies
Fatemeh Binazadeh Leila Raeisi Masoud Raei

  Fatemeh Binazadeh[1] Leila Raeisi[2] Masoud Raei[3]   Abstract: Counter-narcotics requires the movement of all segments of society, with NGOs nowadays seeking to gain a foothold in the field. Investigating the response of these organizations to the leg More

  Fatemeh Binazadeh[1] Leila Raeisi[2] Masoud Raei[3]   Abstract: Counter-narcotics requires the movement of all segments of society, with NGOs nowadays seeking to gain a foothold in the field. Investigating the response of these organizations to the legal and judicial policies of drugs requires a descriptive-analytical, comparative study of the policies of the countries involved, including origin and destination of materials and then needs to analyze the status of NGOs.  This role varies according to its legal basis (Article 14 of the 1961 Convention) and depending on the prevailing political, social conditions, and the policies of the countries involved in the substance of the matter, thus facilitating the adoption of the policies of the originating countries. Adopting the easy policies by the countries of origin, however, the presence of these institutions will increase and the implementation of strict policies by the destination countries will reduce the possibility of their presence; however, more presence does not necessarily mean more impact on drug policies in the country; and their influence depends on the degree of democracy in the country. [1] PhD Student in International law, Department of Law, Isfahan (khorasgan), Islamic Azad University ,Isfahan, Iran, binazadehf@gmail.com [2] Associate Professor Public International Law, Department of Law, Isfahan (khorasgan), Islamic Azad University ,Isfahan, Iran, Corresponding Author, Raisi.leila@gmail.com [3] Assistant  prof, Public International Law, Department of Law, Isfahan (Najafabad), Islamic Azad University ,Najafabad, Iran, masoudraei@yahoo.com Manuscript profile

Open Access Article

8 - the rule of law and the multiplicity of specific legislative institutions in irans legal system
farivar khalili shojaie haneh farkish javanmir abdollahi Ebad Rouhi

The victory of the Islamic Revolution of Iran and, consequently, the adoption of a new constitution adopted from Shi'i jurisprudence and, of course, the modeling of the basic laws of some Western countries, provided the basis for innovations in the legal system of Iran, More

The victory of the Islamic Revolution of Iran and, consequently, the adoption of a new constitution adopted from Shi'i jurisprudence and, of course, the modeling of the basic laws of some Western countries, provided the basis for innovations in the legal system of Iran, including the establishment of special institutions He pointed out that he had over many important powers, including legislating and adopting binding decisions, using jurisprudential rules including expediency, secondary and governmental rulings, justice and fairness. On the other hand, critics of the existence of these institutions, based on some reasons, including parallel work in the legislative process, inadequate religious and legal monitoring of their activities, lack of utilization of popular capacities in the selection of members and their activities, and ... the establishment and expansion of activities Such institutions are in contradiction with the concept of rule of law, which was one of the primary objectives of the establishment of the Islamic Republic of Iran. The present paper assumes that the activities of special legislative bodies, despite having some undeniable benefits and benefits, have led to some weaknesses, such as a lack of relevant laws and regulations, a lack of legal oversight and a mild basis on its application, and of all More importantly, the lack of transparency in relation to competences and legal powers actually has serious challenges with regard to the concept of the rule of law. Key words: rule of law, constitution, special legislator, velayat-e faqih Manuscript profile

Open Access Article

9 - Analysis of the Approach of Legislative Criminal Policy to Punishment in the Criminal Law System of Iran
abbas taghvaee atefeh lorkojuri Maryam Poorbaghi shima alipoor

10.3495/jiil.2023.1984013.1723

Gender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast More

Gender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast with adverse effect of unconventional gender discriminations. The protective approach of legislative criminal policy in some articles caused the reduction, delay or exemption from punishment focused on gender distinctions of men and women. In upcoming article with analytical and descriptive method in some crimes, determination the punishments specific to criminal men or women, reduction of the punishment of criminal women, aggravation of the punishment of criminal men in crimes against women, reduction or sometimes specific exemption of criminal men from punishment, determination of specific punishments because of operation of crimes against the parts of body or interests that specified to men or women for the sake of their natural creation is surveyed by the goal of analysis of the effect of gender on punishment. In analysis of research hypothesis based on the rate of determining the influence of gender on punishment in the field of equitable and regular arrangements of legislative criminal policy, we understand that the legislator by the attention to the role of gender in criminal or victim endeavors to adjust the punishments in criminal law system of Iran. Manuscript profile

Open Access Article

10 - Verbal Principles of Osoul Fiqh and its Effect on Making Judicial Justice in Civil Judgment
Hamid Bahramian Mostafa Rajaeipour Hossein Ahamari

10.22034/ijrj.2018.544654

The knowledge of jurisprudence and jurisprudential principles are two fundamental sources of knowledge in the deduction of Islamic Law through which each jurisprudential researcher must stick to their research. Analysis of the issues under discussion in the realm of the More

The knowledge of jurisprudence and jurisprudential principles are two fundamental sources of knowledge in the deduction of Islamic Law through which each jurisprudential researcher must stick to their research. Analysis of the issues under discussion in the realm of these two sets of knowledge convinces us that most of these issues are not merely restricted to jurisprudential discretion but produce data and lead to intellectual methods that supply the truthfulness of any kind of deduction, especially from the written texts. In the legislative system of Islamic Republic of Iran which is based on Islamic Laws, familiarity with the deduction method and confrontation with texts from the viewpoint of Muslim jurists is an undeniable need. The two fields of knowledge are fundamentally important in drawing inference from positive laws as well as legislative approach in the Islamic Republic of Iran. However, they have not been addressed in national jurisdiction system as they should have been. The present study is aimed to make the significance of the issue clear in making a juridical fair judgment. Manuscript profile

Open Access Article

11 - Verbal Principles of Osoul Fiqh and its Effect on Making Judicial Justice in Civil Judgment
Mohammad Mehdi Zareei Mehdi Janalinezhad

10.22034/ijrj.2018.544655

The knowledge of jurisprudence and jurisprudential principles are two fundamental sources of knowledge in the deduction of Islamic Law through which each jurisprudential researcher must stick to their research. Analysis of the issues under discussion in the realm of the More

The knowledge of jurisprudence and jurisprudential principles are two fundamental sources of knowledge in the deduction of Islamic Law through which each jurisprudential researcher must stick to their research. Analysis of the issues under discussion in the realm of these two sets of knowledge convinces us that most of these issues are not merely restricted to jurisprudential discretion but produce data and lead to intellectual methods that supply the truthfulness of any kind of deduction, especially from the written texts. In the legislative system of Islamic Republic of Iran which is based on Islamic Laws, familiarity with the deduction method and confrontation with texts from the viewpoint of Muslim jurists is an undeniable need. The two fields of knowledge are fundamentally important in drawing inference from positive laws as well as legislative approach in the Islamic Republic of Iran. However, they have not been addressed in national jurisdiction system as they should have been. The present study is aimed to make the significance of the issue clear in making a juridical fair judgment. Manuscript profile

Open Access Article

12 - An attitude towards the legal loopholes and executive challenges of the court rulings regarding the demand for alimony during marriage and the ways out.
Elham Najafi Javad Habibi tabar Azam KHoSHsourat movafagh

10.22034/ijrj.2023.708082

The main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine t More

The main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine the existing practical procedure in the courts as well as the jurisprudential and legal foundations of the demand for marital alimony, and also to express examples of conflicting opinions issued in the judicial courts to evaluate and criticize the legal citations and the existing judicial procedure. Because the existence of loopholes and ambiguities in the field of legislation has caused the lack of uniformity of procedure in the courts and the emergence of confusion and the issuing of mixed opinions from the family courts. In this research, the type of research is basic and the research method is descriptive and analytical, and since judicial procedure is considered as one of the sources of law, it has been tried as much as possible, in addition to introducing the current procedure, as a witness, some joint rulings from the family courts, which are randomly selected, to be cited and the decrees issued in this field should be analyzed, and as a result, by approving and interpreting the laws related to reciprocity and issuing unanimity votes in issues where conflicting opinions have been issued, implementation challenges can be minimized. Manuscript profile

Open Access Article

13 - Title: Analyzing reza shah encounter with religoin issue and searchikg his behavior with spiritualty
Mehrab Hatami Manizheh Sadri Simin Fasihi nazli Eskandari Nezhad

AbstractAfter the coup and accessing sultane, Reza shah at least apparently showed areligious behavior. But his behavior change from 1306 and gradually showedseverity against some religious ceremonies and spiritualties' actions. Rezashah, influenced by his counterpart a More

AbstractAfter the coup and accessing sultane, Reza shah at least apparently showed areligious behavior. But his behavior change from 1306 and gradually showedseverity against some religious ceremonies and spiritualties' actions. Rezashah, influenced by his counterpart ataturk, considered religious anddenomination as a barrier for revival and modernization and desired building amodern iran by modernization in army, administration system , Law system,and education and even conseration organization and renewing power andcourt structures in which religion and spiritualty had a loe function. Is Rezashah encountered uniformally with religion and religious ulens or hid behaviorhas change during years? It can only be judged that for any reason in earlyyears of Reza shah sultanate, religion has been important and spiritualty hasbeen respectabke but gradually hus behavioe is influenced by his powerseeking behavior. Current study wants to answer this question in fact whyReza shah change his religious trend why he didn't continue that but also hechange toward contrasting with a descriptive-analytic procedure considerschallenges between spiritualties and Reza shah and reason of the contrastbetween these two wings. Manuscript profile

Open Access Article

14 - A Legal Analysis of the Harassment of Women in Cyberspace
mohammadreza rezvantalab davood darrehshiri

10.30495/cyberlaw.2023.703507

A correct legislative policy in dealing with crimes committed in cyberspace must represent the decisive and quick actions of the legislator. Considering the impossibility of full compensation of the damages caused by cyberspace and the variety of criminal actions, the l More

A correct legislative policy in dealing with crimes committed in cyberspace must represent the decisive and quick actions of the legislator. Considering the impossibility of full compensation of the damages caused by cyberspace and the variety of criminal actions, the legislative policy must be formulated accordingly. As a case of such emerging issues mentioned could be made of harassment of women in cyberspace. The legislators do not have a separate regulation with regard to this. The purpose of the present article is twofold. Firstly, the commission of such crimes at the present time must face an appropriate punishment for the perpetrators of such crimes. Secondly, considering that the bill for preserving the dignity and protection of women against violence is in the process of approval in the parliament, a recommendation must be stated with the purpose of amending the legal Articles in law related to the discussion of this article. In this research, using a descriptive library method, an attempt has been made to collect materials and answer this question: is it possible, according to the existing legal provisions, to apply the current laws in dealing with the perpetrators of such cases or not? The hypothesis that we are trying to confirm in this research is the possibility of adherence to the Article 619 of the Islamic Penal Code approved in 1375 in dealing with such crimes. Manuscript profile

Open Access Article

15 - Moral foundations of law in legislative politics with an approach to commercial law
Mahmoud Erfani amirreza mahmoudi

10.30495/jcld.2022.693616

Trade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show th More

Trade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show the relationship between the moral principles and foundations of Islam and business law in the legislative policy of Islam by referring to business rules in Islam, examining Shari'a texts and analyzing many examples of the function of ethics in Islamic business law. Ethical principles and foundations should be revealed over legal rules in business relationships and transactions. Since the purpose of this research is to present the ethical structure of Islamic business law in the context of Islamic legislation, it is not important to express the conflicts and approaches of different schools of jurisprudence in this research, and the importance of business for social life and the existing views about The relationship between business law and moral principles and foundations is explained by approaching the teachings of Islamic law. Manuscript profile

Open Access Article

16 - Turbulent state of legislative management in Iran
Mohammad javad Hosseini Hadi Ramezanian fahandari

Legislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, an More

Legislation covers the major activities of the parliament, and the abundance of laws approved by the parliament shows that this overshadows other duties of the parliament. In every legislative period, many plans and bills are presented and approved in the parliament, and in order to be implemented, many regulations are established by the government, and besides that, other government institutions also have mandatory approvals, which in general causes the inflation of laws and the confusion of the executives and subordinates and their lack of correct implementation. Scrutiny in the legislative procedure shows lack of proper and efficient management of the legislative process and the lack of management has caused many laws to be added to the total laws of the country every year. In this article, the challenges ahead for the correct management of legislation are depicted in a descriptive-analytical way. In order to properly manage the legislation, one should first assess the legislative needs, look at the history to see how far the previous laws or their amendments will meet the new needs, and with the foresight, proceed to approve new laws and cancel previous conflicting and abandoned laws. This requires correct and efficient management of the legislative process. Manuscript profile

Open Access Article

17 - A Study of the Impact of the Decisions Made by the Judiciary, legislative and Executive Systems on the Solvency of Insurance Companies with Regard to Third-party Life Insurance in the Year 2014
Seyed Mohammad Fateminejad Ahmad Reza Jerghoui

This paper is a study of the impact of the decisions made by the judiciary, legislative and executive systems on the solvency of insurance companies with regard to third-party life insurance in the year 2014. Its purpose is utilization-oriented and the method used is a More

This paper is a study of the impact of the decisions made by the judiciary, legislative and executive systems on the solvency of insurance companies with regard to third-party life insurance in the year 2014. Its purpose is utilization-oriented and the method used is a descriptive survey. The statistical population included experts and managers of insurance industry that with the use of Cochran test, 150 out of 260 people were selected. Research method is simple random sampling. For the purpose of studying and investigating the impact of decisions made by the judiciary, legislative and executive systems on the solvency of insurance companies with regard to third- party life insurance, a researcher-made questionnaire with 6 topics and 15 items applying 5-point Likert scale was used. Using Cronbach’s alpha coefficient, the reliability of the questionnaire was assessed %87 which indicated the adequacy of measurement tools and methods. After collecting data, the SPSS software was used for both descriptive and inferential analyses. The results indicated that setting the upper limits of insurer’s obligations (setting and notifying the amount of blood cost) by judiciary system, interpreting the laws by judges in the process of probing litigations of policyholders and insurance companies, lengthy and slow process of courts, changing and determining of the insurance regulations by legislative system, setting the upper limits of insurance premium and the policies of executive system concerning insurance, contracts and losses paid have great effects on the solvency of insurance companies with regard to third- party life insurance. Nevertheless, charges and tolls imposed by legislative system has no tangible effect on the solvency of insurance companies with regard to third- party life insurance.   Manuscript profile

Open Access Article

18 - Analysis of the Legislative Response of the Criminal Justice System in the Realm of Crimes Committed by Legal Entities
jamile zeinali mohsen shekarchizadeh raziye Ghasemi Kehrizsangi

10.30495/alr.2021.1939602.2165

Background and Aim: The approach or nature of response of a criminal justice system is related to the criminal policy approach of the same system in the field of crime and can be reformist, punitive, controlling or restorative, as the case may be. In the meantime, the r More

Background and Aim: The approach or nature of response of a criminal justice system is related to the criminal policy approach of the same system in the field of crime and can be reformist, punitive, controlling or restorative, as the case may be. In the meantime, the response to legal entities will be inherently different from that of natural persons who have committed a crime. In other words, with the normal mechanism envisaged for responding to crimes committed by natural persons, it is not possible to hold legal entities accountable. The response of the criminal justice system is in the form of punishing legal entities, which among the general Sharia punishments, only ta'zir can be applied to legal entities, and it is better for legal entities that the specific punishments of these entities, such as dissolution, confiscation, prohibitions, punishment Use cash and issue a sentence.Methodology: The present study is descriptive and analytical.Findings and Results: The Iranian criminal justice system in the response system suffers from the inadequacy of the penalties provided for all legal entities. Also, public law legal entities that have no criminal liability in the exercise of sovereignty, and ambiguity in the instances of government orders is a way for public legal entities to escape criminal liability. Establishment of differential criminal procedure rules for responding to crimes committed by legal entities, as well as determining the exact manner of execution of specific punishments for legal entities are among the basic needs of this response system. Manuscript profile

Open Access Article

19 - Assessing the legislative criminal policy of Iran and the European Union against cybercrime
navid deylami moezi mahdi esmaeili hassan hajitabar

10.30495/alr.2022.1949604.2258

Background and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its e More

Background and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.Method: The present study is written by descriptive-analytical method.Findings and Results: The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber is one of the main reasons for the inefficiency of Iran's criminal policy. Manuscript profile

Open Access Article

20 - Pathology of Iran's criminal policy in economic crimes
mahdi dida salame Abolhasani naqmeh farhood

10.30495/alr.2022.1928172.2063

Background and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of More

Background and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of other countries, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security, and general crimes make matters worse. risks The goal of the research is the pathology of Iran's criminal policy approach to economic crimes.Method: The present research was carried out using a descriptive and analytical method.Findings and results: lack of providing a definition of economic crime, legislative dispersion in the field of economic crimes, the repressiveness of criminal policy in this field, the lack of practical coherence in the single criminal policy, the predominance of criminal populism and security-oriented criminal policy in dealing with economic crimes. One of the challenges and damages in Iran's current criminal policy is related to economic crimes. Manuscript profile

Open Access Article

21 - An attitude towards the legal gaps and executive challenges of court rulings regarding the demand for alimony during marriage and the ways out.
Elham Najafi javad habibi tabar azam koshsorat movafagh

The main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine t More

The main issue in the current research is to evaluate the performance of family courts regarding the judgments issued regarding the marriage allowance and its current judicial procedure in Iran's legal system. In this article, an attempt is made to analyze and examine the existing practical procedure in the courts as well as the jurisprudential and legal foundations of the demand for marital alimony, and also to express examples of conflicting opinions issued in the judicial courts to evaluate and criticize the legal citations and the existing judicial procedure. Because the existence of loopholes and ambiguities in the field of legislation has caused the lack of uniformity of procedure in the courts and the emergence of confusion and the issuing of mixed opinions from the family courts. In this research, the type of research is basic and the research method is descriptive and analytical, and since judicial procedure is considered as one of the sources of law, it has been tried as much as possible, in addition to introducing the current procedure, as a witness, some joint rulings from the family courts, which are randomly selected, to be cited and the decrees issued in this field should be analyzed, and as a result, by approving and interpreting the laws related to reciprocity and issuing unanimity votes in issues where conflicting opinions have been issued, implementation challenges can be minimized. Manuscript profile

List of Articles legislative

Sanad

Links

Related Centers

Technical Support

Official pages