Journal of Judicial Law Views
Year:2019 | Volume:24 | Issue:87 |Papers Count:10

International Law has it's Constituent elements (legal systems, regimes and collections of rules); Those have interrelations from which legal networks are created. Having this in mind, the question is whether these Constituent elements only have horizental nexus or are ordered by means of factors which unified them in a vertical manner and because of that International Law is named legal order. So if such a factor(s) does exist, hierarchy of norms in International law will come to in exist and so on normative hierarchy of International Law could be deemed. Among different modes of hierarchies (structural, substantial, logical and axiological ), this article is focused on substantial factor of Hierarchy of norms in International law which is best crystallized in International law in concept of Jus cogens. Among many questions of jus cogens, (Source of Jus Cogens Obligations, The Role of Consent in the Creation and Modification of Jus Cogens Norms, Scope of Concept of Jus Cogens, Function and Effects of the Jus Cogens), in this study Concentration will be on the theoretical foundations of jus cogens which shed light on all disscusions of the conceptual and practical aspects' of jus cogens to contribute to formulate a map of the doctorine of jus cogens.

With the development of information and communication technology, the need for the plaintiffs and the use of paper has decreased in the process of proceedings, but this type of trial has many legal and executive challenges. The present research in purpose view, applied and in terms of methodology is descriptive-analytic which seeks to analyze the legal and enforcement challenges of electronic justice in Iran. The results of the study indicate that the cost reduction and accelerating the process of trial are the results of the appearance of information technology access to judicial authorities which against this level, the degree of its opposition to the principles of fair trial, including the principle of equality of the parties, the principle of confrontation, the openness of the proceedings, and. . . are examined and beside that, there are executive challenges, such as the lack of cyber security, the low level of electronic judicial culture and so on. By developing the necessary cyber security, the development of e-commerce without limitation of time and space and the promotion of education and culture can be addressed these challenges.

The right to be heard as one of the main elements of the principle of right of defense, is one of the important rights that, particularly in recent decades, has been taken into consideration in administrative law, and plays a special role in protecting the rights and interests of citizens affected by administrative decisions. It should be noted that this principle and the necessity of its observance, despite certain differences, has been accepted in Iranian and French legal systems. One of the issues related to the right to be heard is prior notice to an interested person about an imminent decision-making process that may threaten his rights and interests. In this paper, it is attempted to present the analysis in order to apply this issue in Iranian administrative law, while expressing the status of prior notice in decision-makings and necessity of this subject in Iranian and French administrative laws.

According to the Iranian Legal System, the duty of the GIO is to monitor “ the proper conduct of the affairs” and “ the proper implementation of Rules” in the administrative agencies of the country. In spite of this legal clarity, ambiguity in the sense of "proper conduct of the affairs" makes ambiguity in the definition of supervisory duties of the GIO. In order to resolve this ambiguity, in this article we seek to understand the organization's regulatory tasks within the framework of good governance model. Today, this model is widely introduced by many scholars and international institutions as an effective mechanism for combating corruption. This article seeks to answer the main question: How we can consider this organization as a supervisory body for the implementation of good governance indicators in Iran? According to the research findings, the two fundamental Monitorial duties (includes the good conduct of the affairs and the proper implementation of laws), which are entrusted to the GIO under Article 174 of the Constitution, are proper Legal guarantors to the implementation of the components of good governance. Therefore, this paper considers the capabilities of applying the tasks of GIO in framework of good governance. By clarifying this concept, an appropriate theoretical framework is provide to explaining the tasks and missions of the GIO, and so a guideline will be made available to the inspectors of this organization

The Ideaof the capability of the death penalty to deal with drug-related crimes is, in essence, a guarantor of the goal of safeguarding human capital and social values. Certainly, Use of the death penalty can be accepted in response to some of the narcotics crimes. But there are many other crimes that follow the death penalty, but they can be categorically opposed and unsuccessful. Execution isn’ t a pearl in the shell of criminal justice, and Penalties are never alone in being able to dismantle the thorns of Legislatures and Normative-Oriented Garden. Review of the Law on the Incorporation of an Article into the Anti-Narcotic Law, acted on 12/7/1396, which refers to "Death Penalty reducing" in public affairs, indicates that Iran's criminal policy in this new regulation does not necessarily exclude the death penalty. Even in some cases, it has an incremental approach. This regulation has been tightened up in the context of a strict criminal policy, in which it remains firmly convinced of the deterrent effect of execution.

Establishment of The special police formation for enforcement of penal sentences and announcement at the court and under the supervision of prosecutor’ s training is the innovation derived from the two guidelines for organizing the execution units of the penal judgments adopted by the head of the judiciary in 2009 and 2012. There is no conflict between forming special police and the constitution, and its executive function and formation in the units of enforcement of penal sentences and government sanctions are regulated by customary law, such as 2013 Code of Criminal Procedure and 2013 Anti-Smuggling of Goods and Currency Act. The purpose of the special police formation is to quick announcement and the fast implementation of sentences. However, this issue has not been addressed in spite of sufficient regulations and the strong need for specialized enforcement units to enforce judicial orders and decisions. The purpose of the article is to outline the legal status and duties of the special police force in enforcing sentences and notifications and to draw the attention of the authorities to the establishment of this institution throughout the country. This paper is a descriptive-analytical and documentary study that has been prepared through library study As well as the use of judicial experiences, especially the enforcement of criminal sentences and the establishment of police in Hormozgan province and it is trying to address the role and position of the police in organizing enforcement of penal sentences units.

Collateral contracts which are concluded to guarantee and facilitate the collection of debts, as subordinate contracts, are always based on a basic relationship and debt. The Conclusion of the collateral contracts, including transition and guaranteed collateral contract, about a debt that has been fully formed and proven to be on the debtor's obligation, undoubtedly is correct and valid. About the debts which are not substantially constant on the debtor's obligation and not the cause of them has also been created, due to the fact that the collateral contracts have been subordinate, they should be ruled out that they are inaccurate. However, there are doubts about the basic debt that is not proven on the debtor's obligation; but its cause has been created. About some examples of this category, the legislator has explicitly stated that the existence of the cause of debt is adequate for conclusion of contract; but he has taken a silent position about others. This has led to a controversy among the authors. In this article, we will examine this issue from jurisprudence and legal perspective in order to clarify the necessity of being the debt on the debtor's obligation or adequacy of the existence of the cause of debt for concluding the collateral contracts.

One of judicial decision is properties attachment that it is enacted in article 215 code of criminal law about property that is means for committing offence or is obtained due to it or is used during committing offence or is denoted for applying offence. Attachment makes out above properties from ownership and possession of owner and possessor. Nature of attachment is a Taziry punishment which is pointed in certain enactments and when it isn’ t any certain statues texts. In some cases it is decided to attachment but it is issued to acquit or stopping prosecution or prohibited prosecution, nature of attachment is precautionary prospect that is separated security actions because decision to security actions is after committing crime. For judicial deciding to properties attachment, it must be a certain status text to attachment or that property is for criminal using only and government may applying in rational using.

Remission of debts is a legal action which, to the Shia jurisprudents, is the cancellation of right rather than ownership; however, mostly jurisprudents know it a disposition. Conversely, some considerremission of debt a contract. Article 289 of Civil Code follows the jurists’ famous viewpoint. In guaranty contracts, discarding part of creditors’ claim and/or acceptance of respite to the businessman is called remission of debts. Inguaranty contracts Type 1 if the creditors ignore part of their request, such an interpretation may be considered conditional, but the elimination effect is not complete, because remission of debtsis conditional on the payment of the rest of the debt by the businessman. But the interpretation of remission of debtsType 2 fromguaranty contractsis not correct at all, because firstly accepting the deadline does not match the truth of remission of debts, but has a fundamental incongruity with the conditions of remission of debts in the law of our country. Secondly, the businessman is the guarantor of creditors. After the termination, cancellation, or ineligibility of the contract, the guarantor and liability will go to the businessman

Judicial Security is the concept based on which the reputation, life, property and all material and intellectual rights of the Human Being are protected by law and keep guarded by the Judiciary Power. Creating such an environment means observing some criteria by which the legal protection goal, namely reaching legal justice, is realized. Securing justice protection for all and the equal protection of the people by law, is on the shoulder of the Judiciary Power. The main question which is put foreword and studied in this regards is that what rights are included in the pre trial stage and how Iran legal precedent treats in this regards? The findings of this study reveals that different elements and real manifestations are put on sharp focus in Iran criminal law at the pre trial stages including the steps for discovering crimes and preliminary investigations and among the most important legal protection elements in the initials stages of the investigations considered by the law maker are illegal detention ban, the rights and guarantees governing the accused summoning, the legal protection elements at the crime detection stage and the right for being notified of the accusation subject, the right for having attorney, the limitation on interim detention decree; specially in the civil procedural law approved in 2013. Among the legal precedents, although in a limited scope, some opinions can be seen in which lack of observing the legal protection criteria has been the causes for the interrogator disciplinary conviction at the Disciplinary High Court for Judges.