Journal of Judicial Law Views
Year:2018 | Volume:23 | Issue:83 |Papers Count:10

Administrative litigation is one of the most important issues of administrative law. The purpose of distinguishing between different types of administrative litigations is to explain the judicial procedures relating to each other. According to one of the most important classifications, proposed by Edouard Laferriè re in the late nineteenth century and despite criticisms has retained its importance, the administrative litigations are divided into litigations of annulment, full litigations, interpretative litigations and repression litigations. In Iran in some of the administrative law writings, the administrative litigations are classified in two categories: litigations of annulment and litigations for damage. But this classification is not comprehensive. Because in Iran there are full litigations, interpretive litigations as well as repression litigations. Comparative study of these litigations in Iran and Frnace shows us that there are differences between these four types of litigation in these countries. The main finding of this article is that although full litigation in France is extensive and includes administrative contracts as well as administrative liability, but in Iran it is limited to the disputes relating to the article 63 of the Law on the Organization and Procedure of the Court of the Administrative Justice enacted in 2013. Iranian administrative law should recognize the importance of full litigations by empowering the Court of the Administrative Justice to hear disputes relating to administrative contracts and administrative liabilities.

The determination of price is one of the most important conditions in concluding the sale contract. Nevertheless nowadays for many different reasons such as price fluctuations and non-ability to specify all the conditions by the parties in advance, the traders prefer the contractual flexibility, especially open price in sale contracts. Although the lawyers over the world consider some advantages for non-determining the price in time of conclusion of the contract, the lawmakers haven’ t adopted the same approach about this issue. In this respect, due consideration shall be given to CISG’ s view about open price, because it seems there is a contradiction between Arts. 14 and 55 of CISG about price determination. This essay relying on the analysis of the text of CISG and corresponding case law shows that Arts 14 and 55 are consistent with each other and that under CISG fixation relying on party autonomy it is possible to conclude an agreement without a fixed and definite price or without a mechanism for the price.

In the light of Discontinuing Strategy, new crime prevention approaches has directed by the democratic model of criminal policy to limit the requirements of security – oriented paradigm. The fact that has preferred situational crime prevention on social crime prevention referring to the confrontation of democratic countries with terrorist crimes, crime rhizomatic, domination of new powers and becoming crimes and crime risk management organized & globalized. Hence, although the maximum measurers of non-defensive prevention and minimalist strategy of intervention have already been taken, criminal justice system was overcome and in temporary affiliation of prevention measures of democratic criminal policy model, there was a need to respect human rights doctrines. But in recent years, with the expansion of the security community in democratic countries, we can see weakening of human rights oriented crime prevention and adapting a strategy for advancing the rights and freedoms of individuals on the pretext of establishing a secure society. This note is going to reviewe the evolution of crime prevention strategy in the democratic criminal policy, its reasons and its various aspects.

Development of new technologies and its growing process in the last years of the twentieth century, leads to the use of satellites in navigation. Although the technical aspects of this project has significantly improved, legal and political aspects of it, have been subject of different views of states and of international organizations related to aviation industry and though have not led to a final decision. Since ICAO has been an important and active international organization in aviation industry, the question is that what a role it can play in various aspects of the implementation of satellite systems and overcoming the challenges in the field. An overview of international instruments in the field of aerospace law shows that ICAO can play an effective role in adoption and amendment of the recommended standards and practices, collaboration and technical cooperation, efforts to achieve a new system, the creation of an appropriate legal framework and the according verification and authorization of to the satellite navigation service providers.

Because of the prominentce role of indictment in criminal proceedings, it is important to discuss legal frameworks witch can strengthen the status of indictment. Apart from Article 66 of the Criminal Procedure Code 1392 there are various provisions that can much better illustrate the status of indictment. On the one hand, Indictment is similar to concepts such as crime complaints and crime reports, that have not properly separated by the legislators, and On the other hand, attention must be paid to the criminalization of indictment in aspects such as personality of indictor and the process which can strengthen the behavior of indictor. However, a form of theoretical and practical development of resort to indictment can be obtained accurately in the criminal laws; because a kind of protection for indictment’ s position is to classify instances of indictment, for example non indictment, postponing indictment, prevention of indictment and delay or lack of attention to the prosecution of a reported crime. But these classifications are probable and without integrity. Consequently, it seems that paying comprehensively attention to legal backgrounds and lack of legislations about indictment can improve objects of this legal institution and effectiveness of indictors.

Despite the fact that in investigations and legal writings enough consideration has been paid to the founding principles and rules governing civil and criminal liability as well as damages of crime, the legal or disciplinary responsibility accompanying these two types of legal responsibilities has not been taken seriously into account and the people involved it-in particular, the authorities dealing with violations of law and order-remain in this fundamental ambiguity: in the proceedings, as well as in the definitions and identifying the scope of the relevant judgments, should they follow the criminal or civil responsibilities? If we try to clarify and solve some important issues such as the fundamentals of identifying violation, the factors of evading legal responsibility, the role of the spiritual element in the occurrence of the violation, as well as other rules and principles of law enforcement in legal investigations, we can help the authorities who investigate the violations to take a right direction. Accordingly, in this paper, while presenting a definition of legal responsibilities, we describe the fundamental differences of civil and criminal liability with law enforcement, and finally we prove the third part of the responsibility under the title of law enforcement with its own rules and regulations

The protection of IPRs in agriculture and its related areas affects food security directly and indirectly. Right to Food and IPRs has both recognized in human rights instruments and states have the duty to protect and provide these rights. However the approaches about the relationship between IPRs and food security have been inconsistent so far. This inconsistency about the interaction between these areas of law-i. e. their conflict or their co-existence has made it difficult for governments to keep balance between them. It seems that keeping balance between IPRs and food security requires the establishment of a complex system which can effectively protect the weaker actors such as farmers and traditional knowledge holders. In this respect codification of effective rules about IPRs will be appropriate to public interests only if coexists with other rules and policies such as providing food security.

One of the actions that judicial authorities are conducting in preliminary investigations is the issuance of an inspection order for homes, places and individuals. Implementation of these orders may in certain cases contradicts individual rights and freedoms, and in particular the privacy of individuals. In this regard, the main question of the research is that what evolutions has the Inspection of Places, Objects and Persons in terms of foundation and practice and are these developments critical? After a comparative review on the criteria of inspection and its method in the Code of Criminal Procedure 1392 and French Penal Code one can conclude that in the Code of Criminal Procedure 1392, a more appropriate approach has been taken to protect the rights of individuals. In this way, by clarifying and introducing new regulations, the way to abusive authority has minimized. Existence of a criminal enforcement and legislating law enforcement will largely guarantee the accuracy of the investigation, but the Iranian legislator must, like France legislator, in case of violation of the inspection rules provides invalidation of investigations, even though some of our judges have adopted the same procedure referring to article 36 Code of Criminal Procedure. In this regard, French law can be taken into consideration and during the pilot period of the Code of Criminal Procedure 1392, the legislator may take it to account that existing laws must be reviewed to provide a solution in any area where deficiencies exist.

Right on voice is one of the rights which protect of person’ s voice and sound and prohibit of imitation (sound effects) and sound forgery. Today on the light of increasing developments of communications this right includes some forms and instances which protected by legal systems in different ways. In some of the legal systems, this right has recognized on the basis of personality rights and right to privacy or intellectual property rights. But in others, use of elements of identity by celebrities without permission in order to get benefit, has guaranteed in spite of the personality right and it has led to recognize an independent right as right of publicity which right to voice is an instance of that right. So analyses about position of voice and the question that the right to voice in which legal format will have proper protection consists the aim of this research which after a short analyses about personality right, right of publicity and copyright, we will try to analyses that right. It seems that in legal system of Iran, right to voice is supported on the basis of personality rights and intellectual property rights.

Presence before the judges in criminal proceedings for preliminary investigations and the hearing process. Ensuring the rights of victims to compensate for losses and damages and preventing disruption in normal process of criminal proceedings by the defendant are two important purposes in issuing the writ in order to gain fair and equitable hearings. Todays, the use of alternatives to pre-trial detention is internationally considered. For instance, the changes in new Code of Criminal Procedure include development of alternative arrangements for detention or requiring judges to use the arrangements described in the Criminal Procedure. Precision or the method of some articles on writs and judicial supervision implies the principle of "banning the issuance of detention and requiring judges to decree alternative arrangements for detention". Articles 217, 237, 239, and 254 in Code of Criminal Procedure can be mentioned on this matter. Furthermore, the adverse effects and negative individual, social, and judicial consequences of the use of pre-trial detention emphasize on the theory of "mandating the use of alternatives to pre-trial detentions". The French Code of Criminal Procedure, particularly Articles 137, 143, and 144 emphasize on the principle of "requiring judges to use the judiciala supervisory alternative arrangements for pre-trial detention".