Legal Civilization
Year:2022 | Volume: | Issue: |Papers Count:33

The present study seeks to identify the types of perception, description, definition and analysis of various sciences, including history, psychology, sociology and demography of children and childhood. This research is carried out at the sociological level of science and knowledge with a qualitative approach and documentary analysis method. The results show that the view of history on childhood is a relativistic and constructive view. History does not consider childhood as an absolute and intrinsic thing,a child is a socially constructed thing from the perspective of history. History is the beginning of childhood sociological studies. It is as if it created a basis for relativistic thinking based on social and cultural conditions. Are. Psychology still relies on fixed transtemporal and transcendental rules for a child's development, and development is evolutionary. Childhood is not a goal but a path to achieve the goal which is adulthood, so the emphasis is on the importance of childhood to lay the foundations for healthy physical and mental development for adulthood. Sociology, on the other hand, considers a child to be a social construct that is quite different in terms of time and place. From a sociological point of view, a child is not based on the rule of evolution,Childhood is not a path and a tool to reach adulthood, but childhood itself is a goal. Childhood must be recognized as a goal and from the perspective of children themselves, otherwise adulthood will be recognized as a goal and cognition of children from the perspective of adults. Ultimately, this leads to legitimacy and justification for the exercise of adult domination and power over children.

Documents and property of individuals are as valuable as human life and honor. Consolidation of ownership is an important and vital matter, and therefore in any country, an organization with a specific mechanism is responsible for registering and consolidating property and related documents. The Registry of Deeds and Real Estate has been in charge of such a responsibility for a century, and it includes public order and social security, and the fruits and effects of the registration law go to individuals (individuals) in society and the government. The aim of this organization is to establish a formal, stable and legal relationship between the owner and the property so that the citizens can legally control their property and documents and go about their daily lives without worrying about being abused by others. To this end, the present article deals with the importance of the Property and Deeds Registration Organization in the lives of the people and its role and status in the government. Despite the numerous benefits that the Property and Deeds Registration Organization has for the government and the people, the current position of this organization is not very favorable and worthy of dignity.

Hebeh contract is one of the religious contracts and has a long history in Imami jurisprudence. This contract, as the most obvious means of forgiveness in the world of law, while having small individual and social risks, has great importance and benefits in legal and social relations. Hebeh, as one of the means of regulating the social relations of individuals, has always been considered by the legislator due to its mentioned function and importance. The main philosophy is that the legislator has considered the bill effective in the contract, because it is to protect and protect the interests of individuals in the first place and to draw the attention of the parties to the outcome of the contract or possibly to support the family economy in this contract. Although there is disagreement between jurists and jurists about the role of receipt in Hebeh and some have considered receipt as a condition for the validity of the contract and some as a necessary condition for the contract, but based on Article 798 of the Civil Code and the narration, the receipt is a condition for the validity of the gift. The objectivity of this contract, the completion of the contract and its creation are the most important effects of the bill in the gift contract. It is also very important to study and research on the contract of Hebe in the judicial procedure and decision-making of judges. Today, there are many cases in the courts that demand the return of the same gift and recourse to the gift, and the lack of clarity of the legal material in these cases with the same issues leads to different opinions. Therefore, its detailed study is of special importance and in this article, the effects of receipt and referral in this contract are examined from the perspective of Imami jurisprudence and Iranian law.

Extradition of criminals literally means the extradition or return of an accused or delinquent person from the country where the crime took place to the requesting country. This argument is first mentioned in Islam and in the Holy Quran (verse 32 of Surah Maedah). From the second half of the nineteenth century, the issue of extradition of criminals in the form of reciprocal action became widespread, and to this day, despite this condition of reciprocity, this issue has remained common and legal. In the criminal law of countries, although there is a difference in the condition of being competent in some of their spatial jurisdictions, in the case of extradition, reciprocity of action is a common and reasonable condition. Proper handling of the extradition issue From the beginning of sending the extradition request by the requesting government to the end of the case and accepting the extradition and returning the person subject to extradition has conditions and methods that the correct action can achieve better and more desirable results and results. Some of these conditions are related to the nature of the extradition issue and some are related to the manner in which it is done, which in this study, far from being a review, only occasionally mentions their challenges. This article or section needs sources or references that appear in credible, third-party publications.

Advances in technology and the specialization of the maritime Salvage industry have led to the use of providing various forms of service and the expansion of a variety of activities. regard to this, with the expansion of the rights and obligations of the parties, maritime Salvage Law is responsible for regulating the relations between the parties involved, regardless of the type of various maritime Salvage operations, the type of property or vessels, and so on. Legal regimes have enacted regulations at both the national and international levels, with the 1989 London Convention being one of the international regulations in this area. Maritime Salvage contracts are included in the service contracts, but the element of risk, its existence, and time of occurrence is an essential condition for the fulfillment of this contract. In this study, considering the role of maritime Slavege Law in regulating the relations between the parties, solutions such as classifying the occurrence of various types of contractual relations at the international level, utilizing the judicial procedure of courts and arbitration authorities Analysis of the impact and application of each of them in order to better develop contracts, the capacity to study lawyers and fill legal gaps were created.

The premeditated murderer is sentenced to retaliation according to the first principle. However, in Islamic law, the sentence of retaliation rests on conditions whose non-fulfillment is considered as an exception to this first principle. One of the exceptions to this general principle is the presumption that the killer is the father of the victim. The jurists agree on the ruling of no retribution on the assumption that the child is killed by the father,but the question of whether the sentence of non-retaliation is specific to the father and paternal grandfather or also to the mother is a matter of dispute. The famous Imams distinguish between the ruling of parents. The emergence of Article 301 of the Islamic Penal Code adopted in 2003, which, following the popular view, considers the murderer to prevent retaliation, is that the mother retaliates against the murder of her child. On the other hand, Ibn Junaid and the Sunni jurisprudential sects other than Maliki, in addition to the father, also consider the ruling of no retaliation against the mother. This study, by evaluating the arguments of the parties, seeks to prove the strength of the well-known opposite theory, according to which the mother, like the father, is one of the exceptions to the sentence of no retribution.

The right to a healthy and safe environment has been enshrined as a fundamental human right and has been reflected in various international instruments. In Iranian law, the right to a healthy environment has been considered in the constitution, which according to Article 50 of the Constitution in the Islamic Republic, the protection of the environment of today and future generations should have a growing social life, is considered a public duty. Turns. Nowadays, the application of restorative justice in environmental crimes has received a lot of attention because environmental restoration has always been one of the concerns of legal activists in this field. The aim of this study was to investigate the process of restorative justice in environmental crimes and the challenges that exist in this field. Restorative justice programs, because they are based on dialogue and exchange of views, feelings and experiences of the perpetrators of the crime, provide an opportunity for the offender to realize that the techniques he is using are not very correct and even some of them are based on misconceptions. And it's wrong.

On January 3, 2020, on the orders of US President Donald Trump, Sardar Soleimani's car was targeted by a drone near Baghdad airport. This violates a number of obligations, including the prohibition of the use of force, the prohibition of interference in the internal affairs of other countries, the right to life and diplomatic rights, and therefore, in addition to the international responsibility of the United States. This action, and on top of that, has followed Donald Trump. The non-membership of the Islamic Republic of Iran, Iraq and the United States in the International Criminal Court, on the one hand, and the United States' veto power in the UN Security Council, on the other, face a serious challenge in filing a lawsuit in the International Criminal Court. Special tribunal can be set up, and in this regard, it is necessary to take into account the experience of the international community in establishing the last special tribunal in 2013, which deals with the crimes of the president of a country (Chad) Has been, benefited. The present article aims to find a mechanism through which the feasibility of filing a lawsuit in the International Criminal Court and the establishment of a special court can be used to deal with the impunity of the crime in question.

The application of jurisprudential teachings to customary law in order to formulate laws appropriate to today's society has always been the main concern of Iranian legislators and the penal code is the main focus of this concern where the inflexibility of boundaries with duality of right or retribution is considered alongside the central part of diyat. Narrows down the formulation of laws in accordance with the teachings of customary law. This article uses a descriptive-analytical method and using library sources to answer the question whether the legislator in combining customary law and jurisprudence has been able to impose the requirements of customary law on jurisprudential crimes? The initial answer to this is no, because the nature of the law resulting from the combination of these two views will be accompanied by challenges and ambiguities that can be realized by carefully considering the Islamic Penal Code,Granting the right to punish unqualified persons, such as Article 302 of the Penal Code, the disenfranchisement of perpetrators of serious crimes, including aiding and abetting murder in some cases, such as aiding and abetting a minor crime, is an example of conflict between customary law and jurisprudential teachings.

The obligations that governments undertake in their bilateral or multilateral relations are only in the light of the principles and rules governing the implementation guarantee, for which executive validity can be imagined. Any behavior by the government in the outside world, if it is contrary to the obligations of that government, will undoubtedly lead to the responsibility of the government. The International Court of Justice (ICJ) examines the Equatorial Guinean Government's complaint to the French Government, the French Government's obligations and the actions taken by the French Government regarding the alleged location of the Equatorial Guinean Government, and holds the Equatorial Guinean Government accountable. Rejects the French government. The author seeks to examine the ruling in terms of international responsibility of the government with an analytical-descriptive approach according to the rules of the International Liability Plan of the government approved in 2001.

Principles of civil proceedings are principles that, considering the essential and ceremonial facts presented in this type of proceedings, have evolved over time, and over time, and even because of their extraordinary importance, have entered the constitution and civil laws and civil procedure. Civil litigation is a process that determines how individuals who claim a right to themselves or have a dispute in civil matters can enforce those rights in a timely manner. Principles of due process can be effective in establishing order in the current situation and in enforcing judgments in civil litigation. Recognition of the principles of the trial, including the principle of innocence, the principle of conciliation, grievance, access to an impartial arbitrator and the observance of equality between the parties to the dispute are among the principles that require justice. Thus, all social relations, including the rule of law, must be based on justice. It seems that the courts should be more careful when considering the principles and procedures, by observing them while respecting the rights of individuals, but also to prevent the violation of opinions in higher authorities.

Prosecutor’, s office officials are one of the most important pillars of the judiciary due to the important duties and powers they have from the stage of crime detection to indictment. Due to the extensive duties and powers of the prosecutor, the possibility of delegating and referring cases to deputies and prosecutors is of particular importance. Because the prosecutor, on the one hand, has the administrative head of the prosecutor's office and oversees the proper implementation of the law, on the other hand, according to the law, he can intervene in the investigation. Unlike the investigator, who is basically independent of the prosecutor, the prosecutor, as a judicial official of the prosecutor's office, is not independent of the prosecutor and can perform other duties of the prosecutor on behalf of the prosecutor in addition to the preliminary investigation. The need for the prosecutor to obey the prosecutor is not absolute and is limited to the type and nature of the duties that the prosecutor assigns to him or refers to him, and he is therefore obliged to obey the prosecutor. The main purpose of this article is to examine the possibility of delegating the authority to request a referral from the prosecutor to the deputy and the prosecutor. Because the law deals with referral procedures and does not mention referring it to other judicial authorities of the prosecutor's office.

One of the most important activities of the Ministry of Oil is the discussion of oil contracts, which is of the greatest importance. Determining the legal framework and contractual form of oil contracts determines the principles and rules governing the contract. Principles that can be fully derived from domestic or international legal systems. Even the investment and conduct of oil operations by the private sector, whether domestic or foreign, is done through oil contracts, and given the important role of general rules, contracts in oil contracts must be interpreted according to the general rules governing them, and ultimately the best type of contract. Be. Examination of oil contracts shows that in these contracts, the primary conflict between the interests of foreign oil companies and the national interests of the host country is evident. A proven confrontation that is now moving towards a kind of participation in decision-making and the sharing of profits and losses from activities. Creating a balance between the interests of the host government and international oil companies has always been a factor in reviewing, transforming and innovating in various oil contracts, and in the implementation of these contracts, technology transfer to the employer, contractors, consultants, equipment manufacturers and Iranian universities and management knowledge and technologies. Updates are transferred to Iranian exploration and production companies.

Terrorism is a phenomenon that has long been a crisis for human societies. After many centuries, not only has it failed to be controlled and eliminated, but also the methods of human assassination to exert pressure on individuals, groups and governments have become more complex and ominous. Today, nations and governments are confronted with groups that use any potential tools to perform terrorist acts to attract the attention of governments and create fear and terror. The International Criminal Court (ICC) has always had doubts about its competence to investigate terrorist offenses. Therefore, the present study seeks to evaluate this issue though descriptive-analytic method and by using an organized library tool. It is tried to address the issue of “, Competence of the International Criminal Court regarding Terrorism: Restrictions and Challenges" and to analyze some of its bold issues. Finally, a number of suggestions and strategies are offered to improve the status quo.

Costs of litigation can be considered as one of the most important parts of litigation, which is accepted as a principle in the law of our country. In order to receive amounts as income in this way, and for this reason, laws and regulations have been developed in the field of court costs in the judiciary. In view of the above, the determination of court costs is subject to the terms and conditions that the legislator determines according to different cases. The Code of Civil Procedure does not provide a specific definition in the discussion of court costs and only in Article 502 it is sufficient to determine its cases. Because litigation is an inalienable right of every person and it is not possible to prevent people from going to court by incurring huge costs and increasing it annually. Or postponed litigation and the administration of justice and made it subject to the payment of court fees, which is an example of the prohibition of going to the courts to which people have the unconditional right to go. Under French law, the country's civil procedure provides for the conviction of the convicted person for the costs of the proceedings. The French Supreme Court has ruled that the division of costs between the parties is within the discretion of the trial judges. Thus, in the Iranian legal system, it is necessary for the judge to be able to pay attention to the economic situation of the parties and the demands of the lawsuit. Also in France, in order to help people who do not have financial resources, an institution called the Legal Aid Institution has been established, which requires steps to receive this assistance, such as a life sentence, and if proven, the beneficiary will pay the fees of legal assistants and Other ancillary costs are exempt.

Today, considering the type of cases filed in criminal courts, especially in the field of prosecution,what can be seen most often among the criminal titles of the cases are crimes such as intentional assault, intentional assault with a cold weapon, threat and coercion with a cold weapon, and so on. Undoubtedly, the judicial disagreement in the direction of each of the crimes is a natural thing and indicates the different interpretations of the judges from the texts of the legal materials. what we are trying to say here, and what is tangible in the field of prosecution in order to deal with criminal cases related to the conflict with cold steel, is the disagreement over two major and recurring issues. First, is the use of glass by individuals to harm another a crime of intentional assault with a cold weapon? And secondly, if the perpetrator confesses to intentionally injuring himself with a cold weapon and the plaintiff refuses to provide his forensic medical certificate, the judicial authority can make an effective confession in terms of considering the general aspect of the case. Should be summoned to court and eventually sent to court by indictment, or he should close the case by issuing a restraining order for not providing a forensic certificate. what it looks like,firstly, intentionally injuring people with a glass device is a crime of intentionally injuring with a cold weapon, and secondly, if a forensic medical certificate is not provided and the accused confesses effectively, the case can be referred to the public aspect of the crime. sent two to the criminal court.

One of the most important aspects of taxation is the issue of tax crime, which is one of the most important concerns of tax systems today and harms the economy of society. This crime occurs when some people fail to disclose employment or income or both to tax authorities, so they do not report certain economic activities to legal offices numerically and statistically. Corruption in tax collection reduces tax revenues, discrimination, injustice and ultimately dissatisfaction among taxpayers, the effects and consequences of which are visible in the economies of countries and can even have serious effects on other social and political pillars of governments and political systems. Also threaten governments. The new law on direct taxes is a new development in dealing with tax offenses and aims to improve the performance of the tax organization. Avoiding tax evasion has been a major concern for the executive branch in recent years. Accordingly, the provision of criminal enforcement guarantees and their innovations in the amendment adopted in 1394 of the Direct Tax Law is considered an important step in this direction. Accordingly, it is necessary to carefully consider the factors that cause corruption or crimes in the tax system and then to examine the ways to prevent these crimes in Iranian criminal law so that appropriate solutions can be provided in this regard Appeared.

One of the basic principles in criminal law is the principle of legality of crimes and punishments. Crimes, punishments and their qualities under the above principle must be foreseen. Different legislatures have incorporated this principle into either criminal law, constitutions, or our rights. In the present study, with a descriptive-analytical method and using library sources, we investigate the case of fasting or not in the scope of the mentioned principle. The religion of Islam, by bringing the rule of ugliness of the eagle of Balabian, has confirmed the principle of legality of crimes and punishments, and judges should consider such a principle in their rulings, and behavior that is not considered a crime in the law can not be ruled and interpreted. Judges must also be within the framework of the principle, and behavior such as fasting in public, although morally ugly, but until explicitly criminalized in the law, can not be interpreted by Article 638 of the Islamic Penal Code approved in 1996, which is made of words and phrases Vague took advantage of such behavior and criminalized it. Because human actions and omissions, no matter how reprehensible and harmful to the social system, are not punishable as long as there is no provision for it in the law. In other words, human actions are permissible as long as the legislator does not criminalize the act or omission of the act and does not prescribe a punishment for it.

One of the measures taken by law enforcement forces against threats, insecurities and the establishment of order and security in society is the timely and effective use of weapons. The law on the use of weapons to protect the lives of citizens and also to systematize the behavior of officers in the use of weapons, was approved by the Islamic Consultative Assembly on 1995. The legislature's haste in passing the law, despite legal loopholes and the failure to assign some of the permitted uses of weapons, has led to violations of citizens' rights and confusion of officials in important missions. The more comprehensive the law on the use of weapons, covering the various dimensions of the officers' assigned missions, and the fact that they are assigned with full transparency about the permitted shooting instances, the officers will act with the same awareness and determination in their assigned missions. This, on the one hand, leads to better observance of civil rights at the community level, and on the other hand, leads to the release of officers from the maze of law and criminal and disciplinary convictions after the shooting. In fact, the main questions of this research are as follows,What are the gaps and ambiguities of the law on the use of weapons by the armed forces in urgent cases? And in cases of silence and ambiguity of the law, what is the duty of the armed officers? In this research, by answering judicial opinions and library resources by descriptive-analytical method, the answers to the questions have been explained.

Air accidents are one of the rare occurrences, but for some reason they are more important than other conventional means of transportation, and therefore countries are sensitive to these accidents, and its domestic and international aspects are prominent. In the domestic law of most countries and international law, there are jurisdictional courts for events similar to the crash of a Ukrainian plane involving several international factors. The main and first principle is territorial jurisdiction. In this article, we intend to investigate the crash of a Ukrainian plane in Iran with flight number 752, which was a passenger flight belonging to the Ukrainian International Airlines from Tehran to Kiev, which was targeted and shot down by the air defense of the Islamic Revolutionary Guard Corps. Are courts other than Iranian courts legally competent to hear these cases, or is it incorrect to raise issues such as whether Canadian or Ukrainian courts can hear victims' claims? Note that the scope of this article is only the realization of the rights of survivors and victims and does not address other possible claims. This article has been written analytically and descriptively in order to be accepted by the scientific community.

According to Islamic and jurisprudential teachings, observing the Islamic hijab is one of the main components and at the same time emphasizes the religion of Islam. Hence, contrary to the erroneous image of religion that has been formed in some minds, preserving the dignity of individuals such as women without hijab, which is the subject of the present discussion, is also one of the issues that have been examined by religion. This category should be dealt with appropriately. It seems that the mere disciplinary action against these actions, despite the fact that they are criminal, not only does not work, but also has the opposite effect, which makes it be seen as a reciprocal threat. In this article, with a descriptive-analytical approach using library and documentary methods, we seek to answer the question that we are,Is it basically possible, based on Islamic teachings, in the form of prevention approaches from the perspective of Islamic criminology, to modify police missions and turn the reciprocal threat of women's indecency into an opportunity? It seems that the answer is yes. Solar pay serious attention.

Judicial officers have a very important role in detecting a crime and conducting a preliminary investigation, in which there is a risk of violating the rights of the accused. The protection of civil rights is closely related to the actions and decisions of officers. Therefore, while the observance of citizenship rights depends on the correct and fair actions of judicial, law enforcement and intelligence officials, the first to face a criminal phenomenon are judicial officers. The first stage in which the rights of individuals may be violated is the stage of crime detection and prosecution. In this regard, the Constitution of the Islamic Republic of Iran, the Law on Respect for Legitimate Freedoms and the Protection of Citizenship, and the Code of Criminal Procedure can be mentioned, which have moved towards the observance of citizenship rights. Examining the duties and responsibilities of judicial officers in the Code of Criminal Procedure, especially Articles 28 to 63, we can understand the importance and status of civil rights for which enforcement is guaranteed, and it is a fact that more duties are assigned to officers. And has increased the cases that officers are also prohibited from doing. Also, the attention and efforts of the officials have caused the Charter of Citizenship Rights to be prepared by the Vice President for Legal Affairs, which also shows the importance and status of citizenship rights.

It is clear that dispersed criminal material can not properly prevent or reduce violence. Rather, advocacy mechanisms will only work in the light of a discriminatory and coherent criminal policy,In other words, the protection of potential and at-risk victims, as well as victims of violence, can be achieved through organized and coordinated action by civil society and the government. On the one hand, civil society is the same as NGOs, families, schools and the mass media in raising awareness of women in self-confidence, self-care and changing the dangerous lifestyles of some of them, as well as teaching the concepts of human rights and human dignity to the public. Individuals will play an important role in prevention by reducing violence against women. At the same time, civil society organizations can file a complaint and pursue it by providing adequate facilities for victims of violence. On the other hand, the government in the general sense will take legislative, executive and judicial measures to protect women.