JOURNAL OF LAW AND POLITICS
Year:2019 | Volume:15 | Issue:40 |Papers Count:6

Participation principle is attained by recognizing the fact that people are the orientation of development. Not only are people beneficiary in development in terms of political, civil, economical, etc., but also they are instrumental in and intermediary for development. Participation also means that people have a voice in decision making centers. The present paper aims at studying the feasibility of increased participation of citizens using participation-based capacities of Iranian constitution, and of instructions and advices from theory of good governance. In fact, Iranian constitution, law and political system is based on elements such as “ civil society” and “ elections” which are the linking loops between Iranian constitution and advices of good governance. It seems that “ civil society” and “ elections” both could come together and be compatible with ideal state for good governance. In fact, development of civil society could result in social and political development of Iranian system and help increased tendencies to democracy. At the beginning, elections could function as a quantity parameter and later as a quality one in approaching good governance. Through getting from a merely quantity level to a quality level, elections could result in an elected government featuring accountability, another necessary feature for good governance.

Provisional application of international treaties in international organizations is one of the newly advanced instruments in international law making a main role to support international law dynamic characteristics particularly in the last decades. The purpose of the present article is to describe the provisional application on the ground of international organizations treaties and to scrutinize its different kinds and aspects, in order to attain the reasons considered as its exponential exercising on international treaties in international organizations’ constitutions, international treaties concluded by international organizations and this kind of treaties in international conferences to approve of international treaties. This article would represent the prominent placement of provisional application of international treaties in and by international organizations. As of 2012 this efficient instrument has been situated as a topic to investigate in international law commission which has already published (Feb 2019) four reports on this issue.

Today, with the spread of crimes and customs offenses and the diversification of their practices, the role and duty of the Customs Organization as the economic frontier of the country and the main driver of entry and exit are doubled in adopting preventive measures in line with the typology of customs offenses. In this regard, the Customs Law of 1390 and the 1395 Amendments, as well as its implementing regulations, while contemplating the implementation of state policies in the field of export, import and transit of goods, the recognition and collection of import rights and the formalization of the clearance and delivery of goods, predict Preventive measures have not been overlooked. The precautionary measures set out in this Law, which have been considered for various customs procedures, can be divided into two technological categories, such as the use of X-Ray and gamma rays, as well as traditional measures such as auditing, control, care and education. The The analysis of these two categories of measures from the perspective of preventive criminology forms the subject of this paper. As a result of this article, it can be seen that the prevailing customs duties are administratively pre-emptive and have significant effects on the reduction of smuggling and customs offenses. However, the lack and lack of bilateral study of its actors reduced the pre-emptive elements and teachings of their daily lives and their maximum impact.

Joint criminal responsibility as one of the manifestations of criminal responsibility for crimes under international law. This concept is clearly the first time in the former Yugoslavia Tribunal Appeals Chamber in the Tadic case was brought in 1999 And later was used by international criminal court. According to this type of responsibility all participants in a criminal scheme may be responsible for the crimes of all the group members Even though their direct involvement in it does not. The feasibility of applying this kind of responsibility in the internal law of iran with capacity of islamic criminal law in Institutions such as Complicity and Participation in a criminal group and Leadership shows that Iranian lawmaker emphasized the principle of personal criminal responsibility is to avoid this kind of responsibility, but in some of the cases can be applied to this type of responsibility.

The unparalleled role and effect of banks in the economy of each country is evident, obvious and obvious. An appropriate deal with financial and economic anomalies is an indispensable necessity. But the existence of two systems of employment and a change in the status of employment from state to private in banks has become a serious and serious challenge and virtually an important barrier to the fight against corruption and economic crime, placing employees in banks under two distinct and separate systems, However, from the point of view of criminology and the principles governing punishments, the unity of the verb, the manner and type, the type and quality of committing a crime, merely by changing the nature of the employment, make a significant difference in the guarantee of performance and supply contracts without justification. It can be seen from the aggregate content that in similar criminal acts similar to the dangerous level and the quantity and quality of the symmetric one, there is practically a difference in the process of prosecution and assignment of criminal offenses and the determination of the guarantee of legal enforcement in accordance with the legal nature of the bank's staff in public and private affairs. In the nature of recruiting or changing the nature of employment, the recruitment rules of a country to the labor law provisions have led to a difference in the courts' opinions on similar actions, and this is a serious challenge in combating the crimes committed by bank employees.

In the present paper, we are seeking to investigate the challenges of electronic arbitration, the term electronic arbitration, because it only lasts for a decade, is notorious for many of the adversaries, on the one hand, scientific advances have brought about changes in traditional adjudication in recent years. Although electronic judgments are the same as traditional arbitration, and the only method of applying it has been changed, the establishment of this new institution has led to the emergence of numerous legal issues that the upward trend in this space reflects the will of mankind in this technology in judgment, and this This has produced a large number of questions that responded to Despite the legal vacuum and the lack of uniform international procedures, these questions sparked controversy among lawyers; attempts by arbitration organizations have been conducted with numerous conferences, but they have not yet been able to make electronic judgment in the domestic and even dare. Said that in the international arena in the disputes settlement system, the traditional process of arbitration is to be judged, the method of the present article is of an analytical-descriptive type with an adaptive approach. Our findings in this study are: E-arbitration is the best option for non-judicial settlement of disputes. It is estimated that about 73% of international companies are currently using this mechanism Because, firstly, the procedure is simple, secondly: the reviewers deal with the issue that is chosen by the parties; thirdly, it saves considerable time and money.