ECONOMIC JURISPRUDENCE STUDIES
Year:2022 | Volume:3 | Issue:supplement|Papers Count:25

Background and Aim: Acceptance of international intellectual property treaties such as; Paris, Bern, Washington, Rome and Thripe are the objects of international intellectual property protection by the majority of countries in the world. These treaties refer to principles that are important in the study of intellectual property rights due to their effective role in interpreting the rules set forth in the treaties and determining the limits of international intellectual property protection. The most important of these principles are: the principle of national behavior, the principle of complete conduct, the principle of the need to provide for minimum wages, the principle of independence of rights, the principle of prohibition of unfair competition and the principle of prohibition of abuse of rights. Materials and Methods: The study of descriptive-analytical topics is based on information from libraries and reputable sites. Ethical considerations: This article respected of the intellectual ownership rights of the authors that their work have been exploited. Results: In order to gain the protection of the intellectual property rights of their citizens by other states, states are forced to accede to international intellectual property treaties and accept the principles set forth in it, which results in the international legal protection of some intellectual property cases. Is. Conclusion: Considering the permanence of the principles under consideration (principle of national conduct, full conduct, necessity of anticipating minimum wages, independence of rights, prohibition of unfair competition and prohibition of abuse of rights) by the Contracting States and the unity of the criterion It is a theory that these principles, in order to be accepted by the civilized nations which are the same as the Contracting States, are called the general principles of international intellectual property law.

Background and Aim: One of the most important issues in the world of law is to prevent the abuse of rights. The institution of marriage, given that it has a non-financial nature with many financial implications; Allows the abuse of rights in some cases. One of these cases is marriage in the condition of infecting couple to illness, which we will examine in the present study. Materials and Methods: This research is theoretical type and the research method is descriptive-analytical and the method of data collection is librarian system so it has done by referring to documents, books and articles. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Results: In fact, diseases can be divided into two categories. The first category of diseases that lead to death in a short time. Certainly, these diseases are subject to Article 945. The second category of diseases that cause death after a long time. These diseases themselves are divided into two parts; Diseases that a person suffers from for a long time from the time of marriage to death. These diseases do not appear to be covered by Article 945 Conclusion: In Article 945 of the Civil Code, in order to prevent the missuse of rights, the legislator has deprived the wife of inheritance with the mentioned conditions. But it should be kept in mind that in addition to inheritance, marriage has other financial effects such as alimony, dowry, retribution, and so on. Therefore, covering these gaps by the legislator seems to be necessary to increase transparency.

Background and Aim: The discussion of kid's and the cyber atmosphere is one of the important concerns, including in the field of jurisprudence, economics and law; Question is: "What are the rights of kid's in the cyber atmosphere and what is the approach of jurisprudence and law regarding commercial propagandization using kid's in cyberspace is one of the important issues in this regard, which is tried to be examined in this article. Materials and Methods: This is a descriptive-analytical article using the librarian system to examine the question in question. Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed. Results: A wide range of kid's rights including privacy, good access to cyber atmosphere, protection against sexual harassment and commercial propagandization are the most important principles related to kid's rights in the cyber atmosphere. There is no direct discussion of this in jurisprudence, but the need to protect the rights of the kids, including in commercial propagandization in the cyber atmosphere can be deduced from a review of jurisprudential sources. In Iranian law, however, there are limited rules on kid's rights and there are no clear and coherent legal rules on the use of kid's in commercial propagandization in the cyber atmosphere. Conclusion: Monitoring kid's activities in the cyber atmosphere, formulating appropriate laws in this regard and increasing the level of literacy and awareness of kid's in the use of cyber atmosphere are the most important strategies to protect kid's rights in this area, especially in the field of commercial propagandization.

Background and Aim: Arbitration is one of the ways to resolve disputes between individuals that is considered by many businessmen today, especially in business and contracts, and has many applications in the season of hostility. In this article, we aim to identify and enforce commercial arbitration awards in Iran and in the 1958 New York Convention. Materials and Methods: The present article is a descriptiveanalytical method and research tool, taking notes from library resources. Ethical considerations: In all stages of writing the article, the principles of honesty and trustworthiness have been observed. Results: The findings indicate that considering that this type of proceedings, firstly: due to the specialized aspect, secondly due to the elimination of many bureaucracies and special court procedures, thirdly due to the low cost and fifthly due to the short process of proceedings Based on the International Commercial Arbitration Law and the New York Convention, the recognition and enforcement of foreign arbitral awards in Iran is prescribed. Conclusion: The end of judgment is its execution, and without execution it is futile. The New York Convention is the most important and common international instrument for enforcing foreign arbitral awards. Due to the accession of most countries to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitration, foreign arbitration is currently practiced in the countries covered by this convention. Considering the elimination of various stages and speed in arbitration, it is necessary to implement foreign arbitral awards in Iran.

Background and Aim: Obligations constitute an important part of law and even our daily lives. As such, it is of great importance to address the terms and conditions of the transfer of obligations and their respective ethical criteria, and even to know the laws and regulations in this field. The present study sets out to examine the components of the ethical criteria for the transfer of obligations in the municipal law. Materials and Methods: The present study is theoretical in nature and qualitative, descriptive-analytical in terms of its method. Data have been collected through library research as well as citing books, legal resources and articles. Ethical considerations: From the beginning to the end of the research, the principles of honesty and trustworthiness have been observed. Results: The findings show that although the transfer of obligations requires the law, it is based upon codes of ethics and good morality; it considers the issue of compensation for damage in obligations; it is based on satisfaction; it recognizes beneficiary participation in the transfer of obligations, and finally, it considers the exchange of the transfer in certain cases. Conclusion: Although institutions resembling the transfer of obligations could be observed in the Iranian municipal law, this acceptance never means the existence of the institution of transfer of obligations in the municipal law; in other words, the absence of such an institution is felt. This is because in the transfer of obligations, the obligations are transferred with all of their functions while their guarantees remain, and the most important guarantees are codes of ethics as well as criteria such as mutual consent, participation in the transfer of obligations, obligations based on mutual agreement and conforming to good morality. In this case, the transfer of obligations can be accepted in the municipal law as an institution.

Background and Aim: The Possessory will of the deceased is indebted to one of the important issues in jurisprudence that is the subject of discussion. In this article, we have tried to examine the status of the testator's Possessory will and property and what is the jurisprudence and law approach regarding the debtor's inheritance option. Materials and Methods: This is a descriptive-analytical article using the library method to investigate the question. Ethical considerations: In this article, honesty and trustworthiness have been observed. Results: The heir's possessions in the estate must be in line with the deceased's religion in order to be considered legitimate and valid. The debts of the deceased do not belong to the heirs. In order for the estate to be ready to join the heirs' property, it must be liquidated, and the debts and financial obligations of the heir take precedence over the acquisition of the heirs. Conclusion: The immersion of religion in the will does not prevent the cucumber from being transferred to the heir, although the money in which the cucumber is present is not transferred to the heir due to the existence of religion.

Background and Aim: The plea bargaining is one of the wellknown approaches in the field of criminal law, which was first introduced in the United States and then has found a special place in legal systems. The purpose of the present study is to investigate the role of the plea bargaining in the criminal law of Iran and the United States and its effect on diversion, which is also examined from a jurisprudential perspective. Materials and Methods: The method of the present study is descriptive-analytical as well as citing articles, books and related documents in the field of criminal and judicial law. Ethical considerations: The present study has been written while preserving the rights of authors and observing the codes of writing ethics. Results: Proponents of the plea bargaining see the agreement as a way toward diversion and crime reduction, while opponents emphasize the consequences such as presence coercion, conviction of innocents, and lack of guarantees from offenders. Conclusion: Lack of comprehensive laws in this area in the United States has led to challenges such as the conviction of innocents. However, in the penal system of Iran, the existence of restorative justice capacities provides a good opportunity to acknowledge such an agreement. Therefore, the incorporation of this approach in the penal system of Iran, apart from reducing the volume of cases and court costs, elicits reintegrative shaming from the accused.

Background and Aim: Analysis of the use of the maximum available capacity of civil society elements in the Iranian people to strengthen participatory criminal policy is the subject of this study. Materials and Methods: The method of this research is to describe the qualitative content and it has been written by collecting information from legal sources. Ethical considerations: In this article, we have tried to observe the originality of the texts, honesty and trustworthiness. Results: The participation of civil society removes the criminal justice system from its mere formality and reduces the volume of formal judiciary so that it can improve the efficiency of the criminal justice system in areas such as crime prevention and efficient fight against the overall crime rate. Conclusion: Involvement of criminal policy means distancing oneself from the policy of pure repressive and governmental criminal law and the presence of civil society in all legal stages and processes that can work with official institutions, the judiciary, criminals and victims in resolving legal disputes and implementing measures. Various crime prevention plans have a role and intervention.

Background and Aim: The principle of stability of litigation elements (Immutability Principle) requires that the elements of the litigation remain as stable as possible, and probable changes must be made within the framework of the regulations. In the present article, an attempt has been made to discuss various modifications on the subject matter of civil litigation and the rules governing it. Materials and Methods: In this article, research method is descriptive-analytical method and data collection has been made by library method. Ethical considerations: In writing this article, ethical and scientific principles have been observed. Results: Various legal methods of modifying the subject matter of claim, including increasing the claim, reducing the claim and changing the claim, are provided in Article 98 of the Civil Procedure Code. Since the elements of litigation must be established by the end of the first hearing, it is possible to increase or change the claim only up to the end of the first hearing, but reducing the claim in terms of its helpful effect on the defendant does not face the mentioned time limit. Conclusion: Increasing demand means increasing the amount of demand and entails a quantitative growth of the claim while decreasing demand is its opposite. Changing a demand means replacing a new demand instead of the damand inserted in the petition. If the increase or change of the demand is outside the prescribed deadline or does not meet the condition of unity of origin and connection with the original demand, will not be admissible by the court. Triple modifications on demand will affect the scope of the court proceedings and will also affect the ability to review or appeal. In addition, an increase in the claim will inevitably lead to an increase in the cost of the proceedings and a change in the claim may have such an effect according to the case.

Background and Aim According to the law, all members of society are equal before the law, and from a human point of view, nothing is superior. When man accepted social life, he relinquished maximum use of his rights and accepted the rules of collective life. Of course, this conscious restriction creates the expectation from governments not to restrict and respect the rights of citizens for no reason. Findings The findings indicate that in Iran, the constitution is in accordance with the holy Sharia of Islam, which is described in detail in the following explanation and affirmation of citizenship rights, and emphasizes the fundamental and contractual human rights and in Other ancillary laws include legal protections and guarantees of proper performance. Ethical considerations From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed. Conclusion This is the citizenship rights that the Islamic State is obliged to guarantee. Citizens' mutual responsibility towards each other, rule of law and respect for laws, prohibition of encroachment on public interests and violation of the rights of others, enjoining what is good and forbidding what is evil, and performing financial duties are among the most important pillars. Which citizens are obliged to observe in the Islamic society. Therefore, the manifestation of citizenship rights in Islamic society is a two-way street. On the one hand, the rights of individuals must be guaranteed by the Islamic government, and on the other hand, citizens must fulfill their duties towards others.

Background and Aim: One of the conditions that the parties agree on when drafting the contract is determining the condition of the obligation. The present article seeks to examine the "adjustment of the contractual obligation in the 2016 French Civil Code. " Materials and Methods: The research method is comparative and the data collection method is documentary-legal analysis. Ethical considerations: The writing of the present article is based on the observance of ethical principles of writing articles, including fidelity in citation. Results: Comparison of previous laws and the amendment of the French Civil Code (2016) is mainly based on compliance and convergence with the international environment is influenced by the phenomenon of globalization in order to be able to modernize it while maintaining the original structure of the civil law. Conclusion: The French legislature seeks to bring contracts and their obligations into line with European law. In the next step, to ensure equality and observance between the interests of the parties, regardless of market requirements. In this sense, it is a progressive law that other legal systems can take advantage of, taking into account indigenous conditions.

Background and Aim: Privacy and the need to protect it in the legal world today is recognized as an important principle. Therefore, it is necessary to respect the privacy of individuals in all matters, especially in the courts of justice and in the study of reason. Our aim in this study is to explain the privacy of the evidence in the courts. Materials and Methods: The present article is a descriptiveanalytical method and research tool, taking notes from library resources. Ethical considerations: From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed. Results: Privacy is one of the fundamental issues of human rights and one of the concepts of developed legal systems that is very closely related to human dignity and respect for the privacy of individuals in the sense of respect for the home and workplace of individuals and keeping conversations and correspondence confidential. Conclusion: Protecting privacy provides the necessary conditions for the growth and development of personalities. With the development of technology and human progress, attacks on the privacy of individuals have increased, which has caused the legislator to protect the privacy of individuals by passing new laws. The Islamic Penal Code, the Code of Criminal Procedure, the Constitution, the laws and regulations related to postal communications, the telephone, the press law and the Charter of Civil Rights are among the laws and regulations that sometimes implicitly and sometimes explicitly protect privacy.

Background and Aim: The institution of postponing the issuance of verdicts is one of the effective institutions in order to reduce judicial proceedings. In the present study, an attempt has been made to address the principles and effects of the institution of postponement of sentencing in Iran. Materials and Methods: The present study is qualitative and the method of writing the article is descriptive and analytical. Ethical considerations: The present study is based on ethical principles. Results: Criminal de-inflation, labeling and reacceptance theories are the most important principles of sentencing. The protection of citizenship rights and social solidarity are among the most important social effects and consequences, and the realization of judicial security and the responsibility of the government are among the justice-oriented consequences of postponing the issuance of a sentence. Conclusion: Postponement of sentencing due to newness requires care and legal and judicial institutions should consider various conditions and criteria, including the offender having the conditions to benefit from this institution, judicial security, extrajudicial and justiceoriented Give.

Background and Aim: The discussion of the transition to strict regulation is one of the neglected aspects of international law, which this article with emphasis on the Paris Convention on Climate Change seeks to explain and analyze. Materials and Methods: This article is Analytical descriptive and uses the library method. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied. Results: In international law, we see a transition from hard law to soft law. in the field of environmental issues, This is especially true. Soft rights increasing attention due to their flexibility and adaptability to conditions, the creation of conditions for broad government participation, and the reduction of their resistance to the implementation of directives have received. The mentioned features of soft law it to have a high potential in international agreements and collective decisions, especially in the field of environmental issues have caused. Conclusion: The Paris Convention on Climate Change a number of commitments for developed, small and developing countries to reduce greenhouse gas emissions, which can be explained in terms of soft law has defined. Lack of mandatory enforcement guarantees as enshrined in hard law and voluntary commitments of members based on cooperation and coexistence of states and the development of a dispute settlement mechanism based on compromise and cooperation are the most important examples and aspects of transition from hard rights to soft rights in the Paris Convention on Climate Change.

Background and Aim: joint stock companies are considered as one of the most important commercial companies in terms of law and economics. In this article, an attempt has been made to examine the legal status of managers in Private limited companies from a jurisprudential perspective and in the light of commercial law. Materials and Methods: This is a descriptive-analytical article using the library method to examine the question in question. Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness have been observed. Results: From a jurisprudential point of view, the theory of advocacy can not explain the position of managers in Private limited companies in commercial law. Private limited companies have their own legal personality, during which the shareholders are constantly changing. Conclusion: In Private limited companies, managers are considered as one of the pillars of the company and part of the body of the company. Being a pillar theory has two aspects; One is in the relationship between the company and third parties, which indicates full authority for managers, and the other is in the relationship between managers and the company, which managers must act within the framework of the granted authority. The theory of Being a pillar governance for the company, which is useful for full authority for managers, has been accepted in Iranian commercial law.

Background and Aim: Marine environmental indemnities is one of the important issues in guaranteeing the implementation of marine environmental protection. In this article, the compensation of marine environmental indemnities and the approach of the International Maritime Organization (IMO) in this field attempt has been to examine. Materials and Methods: This article is Analytical descriptive and uses the library method. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. Results: The International Maritime Organization established the International Fund for Compensation for Indemnities to Oil Pollution, established a Liability and Compensation Mechanism for Compensation for the Transport of Dangerous and Toxic Substances, Compensation for Pollution from Ship Fuels, and P a number of measures to compensate for marine environmental indemnitiesick up and float sunken ships Has taken. Conclusion: The International Maritime Organization in compensating for marine environmental indemnities by identifying some marine environmental threats and paving the way for the development and ratification of some international conventions and regulations, a positive role has played. but the fact is that On the other hand, the nature of marine environmental pollution challenges the issue of compensation to determine the exact amount of indemnities because sometimes it is not easy.

Background and Aim: Education of human rights standards, including the UNESCO 2030 document as a human rights education document, is one of the most important issues related to human rights, which especially in Iran has been the subject of discussion. This article the challenges of not teaching human rights standards such as the 2030 document in Iran examines. Materials and Methods: This article is Analytical descriptive and uses the library method. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. Results: The conflict between some human rights rules and jurisprudential standards is the most important challenge of human rights education in the Iranian legal. in matters such as equality and equality in inheritance, retribution, the teaching of human rights rules, including the 2030 UNESCO document, the right to divorce and testimony, is in conflict with jurisprudential standards and legal rules. Equality in jurisprudence and law refers to the natural differences in the creation of men and women, but the 2030 document equality between men and women emphasizes. Conclusion: Reservation is considered as a mechanism for resolving conflicts between legal, jurisprudential principles and human right documents, such as 2030. However, in most cases, the latter does not fit into reservation, so training human rights as universal principles effectively represents ignoring judicial standards and domestic legal rules.

Background and Aim: Cyber-attacks are one of the most complex security concerns in modern times. Given the importance of this issue, the present study seeks to examine the situation of active governments in relation to cyber-attacks. Materials and Methods: The present article is theoretical, research method, qualitative and descriptive and analytical. Ethical considerations: In the present study, ethical principles such as scientific referral and based on respect for authors' rights have been considered. Results: Cyber-attacks as a harmful act, despite their widespread threats and high destructive power, are not prohibited according to international documents. Therefore, harmful actions caused by cyber threats are not prohibited, and this issue can be considered as a threat of such attacks. Conclusion: The negative effects of a cyber-attack can affect other governments than the government against which the cyber-attack is designed. The fight against cyber-attacks and the damage caused by them must be organized in international law in line with the rights and interests of the affected country. Considering harmful cyber-attacks as war attacks is an international legal solution to eliminate the resulting threats.

Background and Aim: Basically, the occurrence of disputes and lawsuits in the courts is one of the inevitable issues in the current world, and patents are more faced with this problem due to its diversity and complexity. Legislators from different countries support inventors with the aim of economic development and expanding international relations. In this regard, several conventions have taken a big step towards the realization of a unified system in the field of intellectual property by enacting laws on intellectual property rights. Materials and Methods: This research is theoretical and its research method is descriptive-analytical and the data collection method is library. Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed. Results: Patent infringement, if it occurs under a contract or in a context other than the contract, causes the violator to be held liable. Conclusion: In choosing the ruling law, the principle of free will is accepted by different legal systems and if the choice of law is not fulfilled by the parties to the dispute, the law of the country requesting protection in contractual obligations as well as in non-contractual obligations can be used as an international standard. To be accepted in patent claims. Judges of domestic courts can also rule in accordance with the rules of international conventions to which Iran has acceded.

Background and Aim: One of the important issues of the principles of jurisprudence is the principles of theology and the principle of acceptance has a special place among these principles. In this article, Istehhab and its effects on civil law and the Islamic Penal Code with an approach to Imam Khomeini's views studes. Materials and Methods: This article is Analytical descriptive and the library method uses. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. Results: The principle of istishab is valid as one of the accepted religious principles in jurisprudential sources and principles. Adoption of the word sahib means to accompany and accompany someone or to have something with you. And in the term of jurisprudence, it is the ruling on the survival of something that was certain and realized in the past and has been questioned in the present. From Imam Khomeini's point of view, istishab is a religious principle that has been established in order to preserve the fact that the former certainty is the way and the discoverer of it. According to the principles of the constitution, this principle can be invoked in the absence of a ruling. Conclusion: In the issues related to civil law, including the issues of sale, cucumber and marriage, the principle of istishab has been used. In the Iranian Penal Code, istishab is the basis of many legal rulings, including the rulings on istishab of non-deprivation of liberty, immaturity, piety, infidelity and repentance.

Background and Aim: The institution of adoption and its governing regulations is one of the important issues that have been considered by policy makers and legislators. The purpose of this study is to investigate the nature of the legal system governing adoption in Iran and the United States. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Results: The findings of the present study show that in the US legal system, the institution of adoption has been identified in four different situations. However, in the Iranian legal system, this institution is only predicted in a fixed state. Conclusion: The multiplicity of the nature of the adoption legal system prevails in the United States, but in contrast to the adoption system, the nature of Iran is uniform in nature. As a result, in cases of ambiguity, in the Iranian legal system, this ambiguity must be resolved in the light of the principles and rules governing the public law environment. And in the United States legal system, ambiguities, depending on what instance of the institution of adoption is being discussed, may be resolved in the light of the principles of public or private law.

Background and Aim: Tourists are victims of various crimes such as robbery, murder, rape, hostage taking and the like. This article the Iranian criminal law approach to the victimization of foreign tourists examines. Materials and Methods: This article is Analytical descriptive and the library method uses. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. Results: Iran's criminal policy to identify specific crimes of foreign tourists in the form of a differential system does not want. General Laws for the Protection of Victims In the Iranian legal system, foreign victims are governed by the courts, and the courts the basis of public laws in the event of a victimization of foreign tourists rule on. Financial and moral support, the right to be informed, the right to sue and the right to a court of law, and the protection of witnesses and informants are among the rights of victims in Iranian criminal law, foreign tourists also applies to injured. Conclusion: The existing criminal laws are not sufficient to protect foreign tourists who are victims. Given the importance of foreign tourism, it is necessary to take a differential approach to protecting affected foreign tourists so that the process of processing cases is more expeditious and more deterrent punishments are developed. In the discussion of prevention, there are gaps such as the lack of tourism police, lack of reversal and preventive attitude of factors related to and stakeholders in foreign tourism.

Background and Aim: Justice requires that there be proportionality between the victim and the offender in order to apply the punishment. The purpose of this study is to analyze the purposes of similarity in retaliation in the light of Islamic sects. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Results: The findings of the present study show that the intentional approach has been accepted by default by Imami, Hanafi and Hanbali jurists regarding the similarity of retribution; While in this regard, the traditional approach has been accepted by Maliki and Shafi'i jurists. Conclusion: In the light of the intentional approach, Imami, Hanafi and Hanbali jurists have ruled that there is no permission for similarity in retribution, but in the light of the traditional approach, Maliki and Shafi'i jurists believe in the permission of similarity in retribution.

Background and Aim: Supervision of the votes of the Article 100 Municipal Commission is of great significance due to the guarantee of the implementation of the commission and also the connection with important urban regulations. In this paper, an attempt has been made to study how the Court of Administrative Justice supervises the commission in question. Materials and Methods: This paper applies a descriptiveanalytical design using the library method. Ethical considerations: In this article, the texts’ originality of, honesty and trustworthiness have been observed. Results: The Court of Administrative Justice supervises the jurisdiction and procedure of the Article 100 Commission of the Municipal Law, both formally and substantively. The Court assesses the decisions of the Article 100 Commission with regard to violations or opposition to laws and regulations. What can be deduced from the procedure of the Court of Administrative Justice in monitoring the opinions of the Commission is the attention to the violated personal right and the implementation of private law criteria, the necessity of direct and personal interest and the narrow perception of direct interest. Conclusion: The supervision of the Administrative Court of Justice over the Article 100 Commission is facing a significant weakness. It is not possible to regard only the builder as a beneficiary and not to give rights to others, because by wrong action and sometimes with the malice of each one, destructive impacts on the urban life and the basic rights of the citizens are resulted.

Background and Aim: In the face of the protests, the security and law enforcement forces have duties and powers that will ultimately lead to the establishment of peace in the society. They also have responsibilities. The purpose of this paper is to investigate the responsibility of the security and law enforcement forces in the protests. Materials and Methods: This article is Analytical descriptive and the library method uses. Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with. Results: Security and law enforcement forces have criminal and civil responsibilities in the protests. According to the existing laws, if the security and law enforcement forces act against the victims outside the specified conditions, and in cases such as shooting cause bodily harm or murder, They are criminally liable. In addition, any damage inflicted on the victims by the security and law enforcement forces outside the defined norms and duties, causes civil liability and guarantee, as well as the relevant organizations and institutions. fault is the basis for determining the cause of damage in civil liability In this regard, it is necessary the three pillars, the existence of damage, harmful action by security and law enforcement forces and the causal relationship between harmful and harmful action of security and law enforcement forces, establishing. Conclusion: In accordance with the general criminal standards and the payment of diyat, and in civil cases, compensation in the form of compensation can be paid. Cases such as the rule of law, the rule of law, warnings, coercion and reluctance and urgency the criminal and civil liability of the security and law enforcement forces in the face of protests, removing.