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Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
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Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    5-30
Measures: 
  • Citations: 

    0
  • Views: 

    73
  • Downloads: 

    0
Abstract: 

The attitude of the right to the environment is not necessarily realized in the light of the opinions and theories of developed countries, but probably has its roots in the approaches of developing countries. Also, in the light of the above-mentioned civilizations, environmental rights, which consider their development to be dependent on the interactions of developed countries, have an important position among developing countries, especially Islamic countries. Although the transformational view of this issue has not been very fast in Islamic countries, the performance of these countries has been relatively successful in adhering to international commitments. With this description, the current research aims to explain this importance, and deals with the evolutionary approach of environmental rights in Islamic countries. Also, this research seeks to answer the question, how is the approach of Islamic countries to the issue of the right to the environment evaluated? Therefore, it seems that the performance of Islamic countries in adhering to the right to the environment and a developmental view of environmental rights is appropriate.

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Author(s): 

ASADI MOHAMMAD MAHDI

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    31-52
Measures: 
  • Citations: 

    0
  • Views: 

    198
  • Downloads: 

    0
Abstract: 

CISG has provided various types of Remedies for breach of contract. In this article, one of the most important remedies, namely avoidance of the contract, has been investigated. In international contracts, avoidance has many adverse effects and consequences for the infringing party. On the other hand, maintaining and enforcing the contract is accepted as a principle accepted in the legal systems and CISG, so the use of this remedies is limited to specific and special conditions. Sometimes, according to the circumstances prevailing in the contract, it is possible to anticipate a breach of contract before the due date. In this regard, the Convention provides for the institution of Anticipatory Breach and provides for a remedy of suspension or avoidance of the contract. An examination of the avoidance of installment contracts is another issue. The theory of the Consultative Council of the Convention on the International Sale of Goods, a comparative study of the legal systems and laws of foreign countries, the use of the opinions of foreign courts and international arbitration courts, the statement of the position of the principles of international commercial contracts (UNIDROIT) and the principles of European contract law, has special position in this article.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    53-78
Measures: 
  • Citations: 

    0
  • Views: 

    168
  • Downloads: 

    0
Abstract: 

The criminalization or non-criminalization of political activities shows the approach of the political system and the government in dealing with adversity and political criticism towards itself. Systematic and comprehensive analysis of Iran's legal system shows that the field of citizens' activities sometimes fluctuates towards "freedom" and "crime" and that is two "political" or "security" crimes, and this main issue emerges. It determines when the citizen's freedom is bound to the field of "crime" and basically gets a political and security description. In the meantime, what seems to be the main question of this research and the challenge of Iran's judicial system is what is the correct criterion for distinguishing political crime from security crime, so that in the light of it, the ambiguity and inadequacy in the field of distinguishing political crime from security crime can be resolved. Therefore, the present article, with a descriptiveanalytical approach, while examining the political crime cases and paying attention to the documents as well as the legal aspects, examines how the Iranian criminal system deals with them and even if possible, presents a fair criticism. The result is that, although the quality of the crime seems to be a suitable indicator for differentiating political crime from security crime, but the totality of subjective criteria, mental, and public opinion can be considered as "accumulation of suspicion".

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    79-96
Measures: 
  • Citations: 

    0
  • Views: 

    716
  • Downloads: 

    0
Abstract: 

According to the Civil Law, marriage is a legal contract in which different rights and duties are given to the couple. The Supreme Judicial Council has placed twelve conditions in the marriage contract. One of the serious problems with the set of conditions included in the marriage contract is that although the marriage registrar is obliged to explain the conditions contained in the marriage document to the couple case by case, but since this is done during the marriage contract, according to the time situation It is possible for the parties to carefully reflect on the provisions of the obligations, and most people are not aware of such conditions until the time of the marriage ceremony, as a result, at the time of the marriage, they approve and sign it without knowing what effects and duties these conditions will bring to them. After some time passed from their marriage and they became aware of the effects of the conditions, it is possible for them to regret. Therefore, in order to establish a general balance between the rights and duties of the spouses, it is appropriate to explain to girls and women the possibility of using the conditions during the marriage contract, which means that the spouses can discuss a series of issues agreed upon between them, which the law in their case is silent or the opinion of the law is not to their liking, but according to the law itself, it is possible to register the contrary agreement in the marriage process as a condition of the contract. It is obvious that couples can only agree and compromise against the supplementary laws and cannot compromise against the rules of the matter, which are actually the rules related to public order and good morals. In this regard, the above legal issues and executive and judicial problems show a kind of divergence and confusion of the procedure regarding the setting, verification and implementation of the conditions in the divorce attorney contract, which in turn can disrupt the functioning of these conditions, which in this research will be examined.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    97-116
Measures: 
  • Citations: 

    0
  • Views: 

    141
  • Downloads: 

    0
Abstract: 

From the engineering point of view, natural disasters have a fairly specific return period and it is likely that we will witness a massive flood in the coming years in Tehran, like what happened in Imamzadeh Dawood in 2022, which requires monitoring and preventive measures in terms of crisis management and also in the legal dimension. According to the crisis management law approved in 2018, Iran does not face a serious legislation problems in terms of the introduction of crisis management, defining responsibilities of each crisis manager and the government's position in such phenomena. The topic of compensation for damages caused by natural disasters and the justification of this responsibility has been a controversy among researchers and theorists. Along with the previous theories, this article is based on the opinion that in such phenomena, by insisting on the place of custom in the government procedure, this matter has become a definite, acceptable, mandatory and equal to the law. In addition, according to the crisis management law, the legislator has adopted new procedures for this and has removed the previous shortcomings in the laws regarding the responsibility of the government and those in charge of crisis management, so that today the principle should be placed on the responsibility of the government in such phenomena. From the aspect of civil and criminal responsibility, the same traditional rules are followed regarding the duties related to crisis management. However, new and comprehensive approaches to the issue of types of officials, scope of responsibilities and criminalization can be seen in this law, which has been criticized in the text of the article.

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Author(s): 

Rasteh Morteza

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    117-138
Measures: 
  • Citations: 

    0
  • Views: 

    185
  • Downloads: 

    0
Abstract: 

Today, the issuing of a fair verdict cannot be considered as a result of handling a case that was prepared in the pre-trial stages, in an investigative manner and without benefiting the litigants from all the facilities necessary for an effective and useful defense. Therefore, criminal proceedings can move in the right direction when all criteria of fair proceedings are enforced in all stages, including preliminary investigations, which are the basis of proceedings. Therefore, it should be accepted that fair trial is a general concept that affects the criminal justice system from the beginning of the investigation to the acquittal of the accused or the release of the criminal. Hence, it can hardly be called a right in its broad and traditional sense, rather it is a principle that should be a guide in all stages. What is necessary to achieve the prominent goals of a fair trial in the preliminary investigation stage is that the confidentiality of the preliminary investigation process, which is divided into nonpublic and confidential, should not be interpreted in such a way that the accused's right to defense is violated. Therefore, in order to adjust the confidentiality of this process, precise guarantees have been provided to protect the defense rights of the accused in the criminal justice system of Iran. The current research deals with this issue in Iran's criminal system with a descriptive-analytical approach.

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Author(s): 

Daeioleslam Sayyed Saeed

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    139-160
Measures: 
  • Citations: 

    0
  • Views: 

    83
  • Downloads: 

    0
Abstract: 

One of the most important possible ways to achieve international criminal justice may be International Criminal Court, which has been investigating the crimes committed by US citizens in Afghanistan since 2016. In response, the United States sanctioned ICC judges and individuals in connection with ICC, which received various reactions from different states. This article, using a descriptive-analytical method, first examines the jurisdiction of the court in dealing with the issue, then the sanctioning of persons, especially judges, in international law, and finally the international obligations of the United States of America, and it comes to the conclusion that, on the one hand, the sanctioning of judges is the immunity of judges. violated the court, which is necessary for their judicial independence, and on the other hand, the United States of America, by sanctioning the judges of the International Criminal Court, violated its international obligations, including general obligations, the implementation of which is necessary to achieve criminal justice. Finally, the action of the United States of America was caused by the policy of that government and its own interests and cannot be justified based on the rules of international law.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    161-178
Measures: 
  • Citations: 

    0
  • Views: 

    219
  • Downloads: 

    0
Abstract: 

Traditional theft as defined in Article 267 of the Islamic Penal Code,There are two types of theft subject to hadd or ta'zir. Stealing property belonging to another is punishable only by the definition of traditional theft. Theft of computer data or copying them under certain conditions is specifically criminalized in Article 12 of the Computer Crimes Law (Article 740 of the Islamic Penal Code-Book of Punishments), the most important reasons of which may be the existence of a separate context with a different nature and differential criminal policy. The main question of this research is what are the most important aspects of the differences and similarities and challenges between these two crimes (in terms of actus reus)? To answer this question, it is first necessary to analyze the of actus reus of these two crimes and then compare them to answer the above question. The most important challenge and difference between these two crimes is related to the context of the crime and the persistence of the data principle in computer theft, which has especially distinguished it from the traditional theft crime subject to hadd. The research method of this article is library and resources and data related to this subject have been used.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    179-198
Measures: 
  • Citations: 

    0
  • Views: 

    68
  • Downloads: 

    0
Abstract: 

The number of soldiers plays a key role in providing the national security of a country. Despite advances in technology and acquaintance with the use of arms, human beings still feel a tangible need to maintain a reasonable number of soldiers. The answer to the recent need is possible to a certain extent through the service of the soldiers. The implementation of conscription is considered among the sovereign rights in each state, and no regulations of the international law have prohibited states from exerting force or granting discretion in this process. However, this does not mean that sovereignty has absolute freedom to enforce the aforesaid right and is free to employ soldiers in any ways possible. The main question of the present research is that what are the positions of international law regarding the mandatory and optional role of children as soldiers and what is the need to know about these positions? The authors used a descriptive-analytical method for finding a thorough answer based on legal standards. The general research results emphasized that states and unofficial armed groups should abide by the stances of international law on children’, s roles as soldier. Moreover, the research results warn all children worldwide that participating in the armed forces can make them subject to abuse.

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Author(s): 

Nabati Saba

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    199-216
Measures: 
  • Citations: 

    0
  • Views: 

    556
  • Downloads: 

    0
Abstract: 

The tax system consists of two main components: tax determination and tax collection, and tax proceedings and tax dispute authorities are considered to be the most important parts of the tax system in the tax collection phase. The lack of tax information, the complexity and lack of transparency of the laws make the type of tax collection far from the coordinates of an optimal collection, and this distance of tax collection from an optimal collection causes disputes between taxpayers and the tax affairs organization and subsequently causes tax cases to be filed in judicial authorities (Administrative, quasi-judicial and judicial). Tax laws are established with the aim of collecting taxes to meet public needs, and in order for the tax system and its officials to perform this important task in an optimal way and to provide the funds necessary for the maintenance and survival of the government, the legislator has assigned special duties and powers granted to them, but it seems that Iran's tax system, while paying attention to the above issue, has not established measures to protect taxpayers during tax proceedings in order to protect their rights and observe the principles of fair proceedings. Therefore, fair decision-making in tax proceedings depends on the observance of a series of principles and rules in the proceedings, so that by observing these principles, we can draw a certain framework in distinguishing fair behavior from unfair behavior in the proceedings, while drawing an efficient tax system.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    217-232
Measures: 
  • Citations: 

    0
  • Views: 

    821
  • Downloads: 

    0
Abstract: 

Evidence in lawsuits, especially in criminal lawsuits, has a special place and importance, and gathering evidence means obtaining and creating evidence, which is considered as one of the most important elements of the criminal proceedings process, and without it, the possibility of attributing criminal behavior to the perpetrator or It will not be possible to prove his innocence and, as a result, to carry out the punishment and protective and educational measures or declare his innocence. In criminal matters, reasons are not prepared in advance, but after the criminal event, they should be collected. The most important defense rights of the accused, which should be taken into consideration in order to protect the rights of individuals and their human dignity, in addition to respecting the principle of acquittal, the right to use the assistance of a lawyer, to explain the accusation, to prohibit insinuations and omissions of the accused, the right to have It is the right to remain silent and impartial in the proceedings. In this regard, respect for the defendant's defense rights is related to the concept of protecting the rights of individuals and respecting the human status of human beings, and the violation of these rights harms human dignity and leads to ignoring the rights of individuals, deviating from the principle of legality and legitimacy in the acquisition of evidence, which in the end, makes the evidence obtained by not observing the defense rights of the accused invalid and inadmissible. Therefore, the cited reasons should be valid and studied with legal methods and refrain from resorting to invalid reasons that are studied with illegal methods.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    233-258
Measures: 
  • Citations: 

    0
  • Views: 

    111
  • Downloads: 

    0
Abstract: 

Undoubtedly, the issue of citation relationship is considered one of the most important issues in the science of law, and it is considered one of the most complex issues in the direction of determining criminal responsibility and the guarantee arising from it, which attention and importance will bring the revival of the principle of innocence and reduce judicial errors. In the assumption of the existence of a single factor, verifying the reference relationship is not difficult, but if there are many intervening and effective factors in the occurrence of the result, without a doubt, verifying the reference relationship will be associated with a special difficulty. Therefore, this issue has caused a difference of opinion among scholars. Regardless of the delicacy and sensitivity of establishing the citation relationship, the prevailing practice of the courts is that after referring to the expert and the percentage of the incidents by the experts, the judges proceed to issue a decision by obeying and relying on the same theory. There is no doubt that the expert can identify the cause of the accident, but whether the expert is able to establish the relationship of citation and the judicial authority can establish the relationship of citation in crimes when issuing a verdict based on the expert's opinion, these are the research issues that the authors They have tried to understand the position and role of expert opinion in verifying the relation of citation and how to determine guarantee and criminal liability based on expert opinion, . The current research has been completed by using library resources and with jurisprudential and legal approach and descriptive and analytical method.

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Author(s): 

Arzanian Nastaran

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    259-270
Measures: 
  • Citations: 

    0
  • Views: 

    178
  • Downloads: 

    0
Abstract: 

Children and teenagers are considered as the human capital of any country, relying on them, the future of the country is built. Supporting these human capitals has an undeniable role in cultivating genius and talents. Thus, the Law on Protection of Children and Adolescents approved in 2013 was the first law that specifically protects these persons. After the relatively successful experience of this law, the necessity of approving a new law along with innovations in order to support more of this vulnerable group was felt. Finally, the Law on the Protection of Children and Adolescents was approved in 2019 and was put into effect after the approval of the Guardian Council. Despite the innovations and the adoption of appropriate preventive policies and the need to establish offices for the protection of the rights of children and adolescents, to determine the policy and assigned duties in order to protect these persons, there are gaps and ambiguities in this law, such as the need to criminalize intentional assault, production, making and buying and selling alcoholic beverages by children and teenagers and the need to review some of the articles of this law, which the present article is trying to express and provide a suitable solution to solve. The following article is written in a descriptive and analytical way.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    271-296
Measures: 
  • Citations: 

    0
  • Views: 

    137
  • Downloads: 

    0
Abstract: 

In most of the current legal systems of the world, institutions that have a separate personality from the central government organizations have been created to administer public duties. These organizations are effective tools for the central government in order to carry out specialized executive and general tasks that require independence and distance from political issues, although there is no uniform model in this regard. Nongovernmental public institutions in our country are also among these organizations that were created to provide services that are public. Public non-governmental institutions and organizations in Iran were identified with the approval of the country's public accounting law in 1987, and the official activity of these institutions expanded after the approval of the law on the list of nongovernmental public institutions in 1994. According to Article (3) of the Civil Service Management Law approved in 2007 nongovernmental institutions and public institutions are specific organizational units that have legal independence and were established with the approval of the Islamic Council and receive more than 50% of their annual budget from non-governmental sources. It is responsible for duties and services that are public. According to the legal documents, it can be said that this legal entity was created in the origin of the law approved by the Islamic Council, that is, according to the law in the special sense and in the case that some institutions with general functions and having other characteristics Public nongovernmental institutions created by other institutions such as the government, the Supreme Council of Cultural Revolution, etc., are not usually recognized under this title. One of the essential features of these institutions, which can be defined based on its purpose, is to be in charge of duties and services that are public, and on the other hand, they do not pursue profit-making.

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Author(s): 

Setayesh Pur Mohammad

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    297-306
Measures: 
  • Citations: 

    0
  • Views: 

    157
  • Downloads: 

    0
Abstract: 

Some countries of West Asia and North Africa, sometimes, through concluding an agreement with the Zionist regime, have publicly tried to establish normal relations with this regime. The following lines examine the normalization of relations with the Zionist regime from the perspective of international law. The research method is descriptive-analytical and the sources have been collected by the library method. This article has argued through the analysis of international legal propositions that considering the fact that these countries are members of the Organization of Islamic Cooperation, any action they take to normalize relations with the Zionist regime is contrary to the mission of the Organization of Islamic Cooperation and in addition to the responsibility of those countries, it includes the responsibility of the mentioned international organization. The following article has presented a proposal with a functionalist perspective, and that is that in a situation where the Organization of Islamic Cooperation has not been able to achieve its goals, including the rights of the Palestinians, the International Conference of Islamic Unity is a suitable platform for the development and realization of international rights. It has provided customary international law among Islamic countries.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    307-326
Measures: 
  • Citations: 

    0
  • Views: 

    264
  • Downloads: 

    0
Abstract: 

Deprivation of liberty of children and adolescents are manifested in the form of keeping them in correctional centers. As the title suggests, juveniles in conflict with the law are kept with the aim of reforming and treating them Therefore, it is completely in line with the primary and main goals of the criminal justice system for children and adolescents. The main purpose of enforcing enforcement and punishment in dealing with juvenile delinquency is to correct, educate and rehabilitate them, and above all, to try criminal justice measures to rehabilitate and prepare the individual to return to society. Rehabilitation of children and adolescents in conflict with the law is one of the most important issues in the criminal policy of a legal system. It should be considered through extra-legislative, legislative and sub-legislative regulations, according to future-oriented, reformist and education-oriented approaches, its decriminalization, in such a way that, on the one hand, the children and adolescents will be able to return to the family and community environment, and on the other hand, it will prevent them and the community from various harms caused by committing crimes. In this article, by using the library-document method and descriptive analysis, an attempt was made to investigate the effects of the rehabilitation system's approach with the aim of supporting children and adolescents in Iran's legal system, with emphasis on international documents.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    327-346
Measures: 
  • Citations: 

    0
  • Views: 

    117
  • Downloads: 

    0
Abstract: 

In most of the current legal systems of the world, institutions that have a separate personality from the central government organizations have been created to administer public duties. These organizations are effective tools for the central government in order to carry out specialized executive and general tasks that require independence and distance from political issues, although there is no uniform model in this regard. Non-governmental public institutions in our country are also among these organizations that were created to provide services that are public. Public non-governmental institutions and organizations in Iran were identified with the approval of the Country's Public Accounting Law in 1987. According to Article 3of the Civil Service Management Law approved in 2007, nongovernmental institutions and public institutions are specific organizational units that have legal independence. Non-governmental public institutions and institutions are institutions that are established with the approval of the Islamic Council and are more than half of its annual budget is provided from non-governmental sources and it provides services that are public in Article 5 of the Public Accounting Law approved in 1987, the legislator has defined non-governmental institutions and public institutions, which according to the said article, Public Non-Governmental Institutions: "They are specific organizational units that have been formed with the permission of the law in order to perform tasks and services that have a public aspect. In some international texts, such institutions are also interpreted as non-governmental organizations and in its definition It has been said that nongovernmental organizations are organizations that are not directly considered part of the government structure, but play a very important role as mediators between individuals and the ruling powers and even the society itself.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    347-372
Measures: 
  • Citations: 

    0
  • Views: 

    184
  • Downloads: 

    0
Abstract: 

On the threshold of 2020,the world was faced with a dangerous and pervasive phenomenon called the coronavirus or Covid-19. The virus led to severe damage to private individuals and legal entities. In addition to various social, cultural, and economic dimensions, it also has legal aspect. In the present study, an attempt has been made to explain the various aspects of civil liability of private individuals resulting from the coronavirus and the factors that relieve individuals of responsibility by examining Imamiyah jurisprudence and domestic law. In jurisprudential and legal sources, several principles have been considered for the civil liability of individuals, including waste, causation, harmlessness and premonition, and so on. The people are responsible not only intentionally but also for any negligence in following the medical instructions in a situation where we face the risk of Corona epidemic in the country. But in some circumstances, responsibility can be transferred from the transferor according to jurisprudential rules such as charity and action.

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Author(s): 

KARIMI ALI | Fetili Sadegh

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    373-384
Measures: 
  • Citations: 

    0
  • Views: 

    238
  • Downloads: 

    0
Abstract: 

Security is a gift in the shadow of which life flows and with its absence the pulse of existence slows down and life dies in its absence. In recent decades, under the influence of rapid and tremendous economic, social and cultural transformations around the world and the occurrence of the information and communication technology revolution, which is the basic feature of today's world,On the one hand, the opportunities and conditions and the amount of social anomalies have increased, and on the other hand, the possibility and ability to fight against these deviations has become much greater than in the past. The importance of policies, programs and measures to prevent crimes due to the ineffectiveness of the criminal justice system it is undeniable with crimes. In preventive criminology, prevention means that,by using different techniques to prevent delinquency, it welcomed the crime and surpassed it. The question raised in this article is to what extent the punishment compiled in the Islamic Penal Code has been effective and in which direction has its approach moved? This article is written in a descriptive research method.

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Author(s): 

VAHABI ZAHRA | RAZMI ARASH

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    385-394
Measures: 
  • Citations: 

    0
  • Views: 

    61
  • Downloads: 

    0
Abstract: 

Migrant smuggling has a special trend and position in different countries, and a lot of government funds are spent on preventing and fighting this phenomenon. Some countries, such as England, are facing this phenomenon because they are located in the center of Europe. In this regard, there are special supports to support immigrants in this country both in normal conditions and in special conditions. Special supports in this country due to the conditions of Russia's military action against Ukraine and the Corona epidemic are a very important trend in this country. The country has created. In this research, the library method to access the solutions available in this country is discussed.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    395-416
Measures: 
  • Citations: 

    0
  • Views: 

    60
  • Downloads: 

    0
Abstract: 

The principle of non-interference is the fundamental rights and obligations of each state, which originates from the principle of equality of their sovereignty. One of the principles that follows the principle of nonintervention is the rule of non-use of force. One of the fundamental rules of international law is stated in various international documents and treaties, specifically in paragraph 4 of Article 2 of the UN Charter. But the principle of non-intervention has exceptions, one of which is the invitation to intervene. Intervention based on the invitation is basically used in the case of military assistance of the foreign states's forces in an internal armed conflict with the prior consent of the legitimate and legal government of another state and with the aim of supporting the government's efforts against any non-state entity or real persons in the territory and the insurgent group does not have the right to invite foreign forces in international law, and only the legitimate government has this right. Therefore, the consent of the ruling government is the basic element regarding the concept of an invitation to intervene and the international responsibility of the third country will be fulfilled in the absence of this factor, and the action of that state will be considered an act of aggression. In this regard, it has provided the important theories for the legal validity including recognition, effective control, and democratic legitimacy. Of course, the issue of inviting intervention and its connection with the right of people to self-determination is one of the controversial issues in contemporary international law. So, this research has tried to investigate the legal aspects of the issue of consent to military intervention by a third state.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    417-444
Measures: 
  • Citations: 

    0
  • Views: 

    225
  • Downloads: 

    0
Abstract: 

The increase in population, the density of cities and the industrialization of more and more societies have positive and negative consequences. Since the positive consequences have a lot of acceptability and the negative consequences are less important, the negative consequences of the abovementioned phenomena place a heavier burden on the shoulders of the society officials than the positive consequences. Crime is a negative consequence that affects the well-being of individuals, families and communities. The purpose of this research is to analyze the relationship between population density and the rate of crimes committed in the city of Ahvaz. This research is practical and has been done with descriptive-analytical and correlational methods. The statistical population of this research is 200 citizens from different regions of Ahvaz city. The collection of data and information is from the questionnaires that the researcher obtained according to the answers of the citizens of Ahvazi, and the data was analyzed using geographic information system and SPSS and CASE software. The most important results show that the population density of the city Ahvaz has been effective in committing crimes in this city, and in many cases, this crowding causes an increase in crimes, especially crimes such as theft, pickpocketing, violence, youth addiction and etc. The most important institutions that can prevent Among the crimes that have been affected by the physical structure of Ahvaz city, effective and useful measures should be taken by the municipality, housing and urban planning in cooperation with other cultural institutions in order to improve the physical condition of Ahvaz city and to take the opportunity to commit crimes from criminals due to the population density of this city.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    445-466
Measures: 
  • Citations: 

    0
  • Views: 

    108
  • Downloads: 

    0
Abstract: 

Enjoining good and forbidding evil is one of the most basic teachings and rules of Islam, which is aimed at the happiness of the individual and the health of the Islamic society and is emphasized by religious texts and approved by human rationality. Revival and implementation of this important Islamic duty has been the focus of the drafters of the Constitution of the Islamic Republic of Iran in such a way that the eighth principle is dedicated to the issue of supervision of the people over the government, the government over the people and the people over each other, and to the institution of governance. It is interpreted as good and forbidden as bad. Improper or incomplete implementation and understanding of it causes chaos and insecurity, and the loss of the charm and privacy of individuals, or damage to their rights and freedoms. Warning, punishment, public attention and public responsibility will improve the society and avoid of problems. Enjoining what is good and forbidding what is evil is a public duty that clarifies the truths and by guiding the people of the society, destroys heresies and creates resistance against misguidance and falsehood. This article examines these cases in the light of the constitution and especially its eighth principle. The current research method is descriptive analysis.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    467-486
Measures: 
  • Citations: 

    0
  • Views: 

    378
  • Downloads: 

    0
Abstract: 

Crime and fighting with crime, are very important in the Islamic Penal Code. In this Code, the legislator has raised various topics regarding the multiplicity and repetition of crimes, but the main issue is what factors lead criminals to the multiplicity and repetition of crimes? This has caused the authors to study and analyze the causes and effective factors in the occurrence of multiplicity and repetition of crimes in societies by criminals from the perspective of criminologists and criminal sociologists, as well as presenting strategies and theories that can be used to reduce the commission of criminals by criminals and as a result the repetition and multiplicity of crime is manifested,have placed. On the other hand, the reasons for the intensification of the punishment and the ways to prevent these two entities in the Islamic penal system are of particular importance because the determination of the punishment in proportion to the crime committed ensures the observance of humane and Islamic principles, such as the principle of criminal justice and the proportionality between crime and punishment, and this It provides more mental health to the society. In the present research, another aspect of these two criminal institutions has been discussed and their foundations in terms of criminological doctrines have been mentioned.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    487-500
Measures: 
  • Citations: 

    0
  • Views: 

    117
  • Downloads: 

    0
Abstract: 

Restorative justice as a model that has gained a special place in different systems alongside the traditional criminal justice model, has multiple goals including repairing the damage suffered by the victim, reconciliation between the victim and the criminal, and restoring the fragmented cohesion in the society. As a result, it follows the crime. Achieving the goals of restorative justice requires the existence of actors who, while familiar with the foundations and goals of restorative justice, also believe in its principles. Undoubtedly, the police, as one of the most important institutions responsible for responding to criminal phenomena and as the first institution referred by victims after a crime, plays an important role in the implementation of rehabilitation programs. The success of the police in this way requires changes in the structure and also a change in the attitude of the police. Changing the strategy from violent policies to participation-oriented criminal policies and also moving in the direction of communityoriented police model governance are among these requirements. On the other hand, the implementation of rehabilitation programs in the police organization requires the trust of the victims in the police as well as dignified behavior towards the victims. In the following article, descriptiveanalytical method and library studies are used as work tools.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    501-508
Measures: 
  • Citations: 

    0
  • Views: 

    315
  • Downloads: 

    0
Abstract: 

The phenomenon of Devotism under the title of rape of the disabled has not been researched and studied much. To verify whether devotees have characteristics suggestive of a paraphilia behavior, an ad hoc internet questionnaire was developed to study a population of 209 subjects enrolled from online devotee communities. In the first observations, we found that the vast majority of these people committed this act because of sexual activity. The other group was led to this act by encouraging the stimulation of the disabled person, this group of people, unlike the previous group, will have a healthy sexual intercourse without any discomfort due to sexual preferences in having sex with disabled people. Future research is necessary to confirm the information obtained from this research. This article has been written in the form of translation and analytically and statistically, and it aims to answer the question of how the rape of the disabled is and at what level the statistics of this rape will be in the language of statistics.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    509-534
Measures: 
  • Citations: 

    0
  • Views: 

    266
  • Downloads: 

    0
Abstract: 

Important implications for South/North relations and for global security and justice. Having a theoretical framework capable of appreciating the significance of this global dynamic will contribute to criminology being able to better understand the challenges of the present and the future. We employ southern theory in a reflexive (and not a reductive) way to elucidate the power relations embedded in the hierarchal production of criminological knowledge that privileges theories, assumptions and methods based largely on empirical specificities of the global North. Our purpose is not to dismiss the conceptual and empirical advances in criminology, but to more usefully decolonize and democratize the toolbox of available criminological concepts, theories and methods. As a way of illustrating how southern criminology might usefully contribute to better informed responses to global justice and security, this article examines three distinct projects that could be developed under such a rubric. These include, firstly, certain forms and patterns of crime specific to the global periphery,secondly, the distinctive patterns of gender and crime in the global south shaped by diverse cultural, social, religious and political factors and lastly the distinctive historical and contemporary penalities of the global south and their historical links with colonialism and empire building.

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Author(s): 

Dolatkhah Pashaki Peyman

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    535-542
Measures: 
  • Citations: 

    0
  • Views: 

    742
  • Downloads: 

    0
Abstract: 

Criminal policy may be assessed in a framework that is defined by the logical basic elements of crime. These are the motivated and able offender, the victim or target, and control. It is only in certain combinations of these three elements that a crime can take place, and criminal policy addresses one or several of these elements. The objectives of criminal policy are defined being fourfold: to minimize the social costs of crime,to minimize the costs of crime control,to distribute these costs,and to do this in a fair manner. It is such considerations that are to be accounted for if knowledge-based criminal policy is to be defined and implemented. In reallife terms, this is rarely being done comprehensively. Criminal policy is, in contrast, often simplistically understood as „, fighting crime“, , i. e. in terms of warfare. Today, criminal policy requires careful consideration in particular because both crimes and their environment are undergoing rapid change. This puts decision-making in a particularly demanding situation and accentuates the need for valid knowledge of the situation. Therefore, there is great need of updated research on old and new forms of crime, and such research should address all central elements of crime. The near future of criminal policy is much influenced by financial crisis. This creates high demands for a more consciously knowledge-based and better quality crime control. The near future may see both positive and negative developments, the negative ones being more likely if criminal policy is not made in a responsible and comprehensive manner. The alternative of a positive criminal policy is suggested as a utopian but achievable goal.

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Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2022
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    543-550
Measures: 
  • Citations: 

    0
  • Views: 

    164
  • Downloads: 

    0
Abstract: 

The field of English translation is one of the applied fields in all countries of the world. Considering that the English language has a special position in relations between countries, universities, specialized, medical and legal affairs, it is necessary to examine this field. However, it should be known that English language translators do not provide services only in written form. Sometimes translators work as interpreters in international meetings and as interpreters in courts where one of the litigants does not have Iranian nationality or does not understand the Persian language. It is essential. On the other hand, the use of oral or written translators is not considered, but the translator must have special skills, including: general literacy, cultural competence, a general knowledge and understanding of the institutions in which the clients need language assistance, specialty knowledge, accreditation, soft skill, asking the right questions and listening skills. The purpose of this article is to motivate translators and pay attention to their position. The method used in this article is the library method.

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