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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
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources
Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    11-32
Measures: 
  • Citations: 

    0
  • Views: 

    1738
  • Downloads: 

    0
Abstract: 

The government has been the owner of the largest construction projects, the largest employer, the largest buyer of goods and services and, in many cases, the largest provider of government, public order and public security. The constitutions that the government concludes with private individuals or private law holds titles Are different. In the French legal system, contracts that are on one side of the government are known as administrative contracts. In the US legal system, these types of contracts are called government contracts.In some of the legal systems in the world, including Australia, India and the Nordic countries, the title of public contracts is laid down in the agreements.In general, the purpose of these types of contracts is contracts that are excluded from the field of private law and are subject to the rules of public law. In Iran's legal system, there is no specific heading for government contracts. Iranian lawyers have generally considered these types of contracts to be franchise agreements with French law, but, as the case may be, the terms "government contracts" and "general conventions" are also used. This treatise has been used by the President of the Strategic Planning and Controlling Office (formerly the Organization for Management and Planning) under the name "Peyman", and in other cases, "Government Contract Contracts" or "Government Contracts."

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    33-48
Measures: 
  • Citations: 

    0
  • Views: 

    1897
  • Downloads: 

    0
Abstract: 

At the same time, with the growth of industrial, technology, and emerging industries in the field of law, the Iranian legislator created a new evolution in criminal law by bringing harm to the material losses from crime and the development of harm in the concept of harm. Effective in the legal system is paying attention to the rights of the victims and to fully compensate for the losses incurred by them through the occurrence of a crime. Each of them inflicts particular damage on the victims, and the terrorist crimes in addition to the effects on the order and security of the community, cause numerous material, spiritual, spiritual and psychological damage to their wives, despite the numerous vacuum in the legislature Compensation for victims of such crimes and how and how the rights of victims of these crimes exist. The basic and indisputable principle of compensation for the damage caused by the crime is that the offender is responsible for the compensation as a loss agent.However, it is not possible for other reasons such as the crime or the killing of the perpetrators of the crime and other reasons, and so the government has been advocating for compensation for such delinquents. As a result, the victims of terrorist crimes have the right to go to governments to compensate for their losses, and governments recognize and pay attention to casualties as a guarantee, along with other guarantees, and take action to maintain Relax and restore their lost rights.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    49-60
Measures: 
  • Citations: 

    0
  • Views: 

    5704
  • Downloads: 

    0
Abstract: 

Peace source and means of reconciliation and Tsalm and agreements and socalled peaceful expression of consent and Tsalm on something, whether owned by same with interest or waiver of religion or the right or otherwise, peace may or about fix The existing conflict or the avoidance of a possible struggle either in the deal or otherwise. This means that in each case the right between the two confused, or the dispute is located, or the aim is that the conflict could be avoided, a contract on this basis and forgiveness of mutual actually be peace, although the result Creating the right to move or reset it right. Peace of First Instance, which is based on Tsalm is an independent transaction and the sale and donation row and rent one of the contracts is specified. The effect of peace in relations between the parties and in relation to third parties can be both to the benefit and to the detriment of them.

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Author(s): 

SHAHPORJANI SAEID

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    61-72
Measures: 
  • Citations: 

    0
  • Views: 

    5301
  • Downloads: 

    0
Abstract: 

If we accept that culture, on the other hand, is effective in promoting excellence of rights and, conversely, in the promotion of rights, in the promotion of culture. Perhaps, Betvan said that, in the first role, when culture can be effective in the advancement of rights, imagine the axes for this effect.For example, the role of a knowledgeable culture that can eliminate the prosperity of ignorance into legal rules and regulations can be raised as a tool for awareness or one of the resources and introductory precepts of crime prevention in society. Another notion that For culture and its impact on the legal area, it can be considered as the normative part of culture. The regulation of society through culture is one of the things that can help prevent crime. Another axis in which culture can be effective is the role of culture as culture, which can be considered as an appropriate setting for the development of legal norms or prevention issues. The concept of culture is incontrovertible. From another perspective, the cultural role of the cultural pathology can also help us in dealing with social issues and the cultural context of crime. If we cope with social pathology with the culture tool, it can naturally help us understand some of the strategies and use crime prevention.

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Author(s): 

AZIZI ARYA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    73-92
Measures: 
  • Citations: 

    0
  • Views: 

    1612
  • Downloads: 

    0
Abstract: 

Islam is the universal religion and Prophet Muhammad (peace be upon him) and is the last of the divine ambassadors. The philosophy of the proclamation of Islam and the promise of the Prophet (peace be upon him) is to invite and direct human beings to the ultimate perfection (monotheism). Active diplomacy and observance of diplomatic law make this mission more rational and feasible. The present article, while recognizing the related concepts and theoretical analysis of the diplomacy of the Prophet (PBUH), addresses his role in the development of diplomacy and diplomatic rights. The inspirational actions of the Prophet (peace be upon him) in this field are of great importance. In spite of the opinion of those who consider diplomacy and diplomatic rights to be the product of Western civilization, this seems to be a religious origin and is one of the most important teachings of Islam.

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Author(s): 

SOBHDEL MOHAMMAD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    93-108
Measures: 
  • Citations: 

    0
  • Views: 

    5011
  • Downloads: 

    0
Abstract: 

In accordance with Part Five of Article 156 of the Constitution, the task of preventing crime and reforming the perpetrators has been entrusted to the judiciary, but the legislator has not specified which types of preventive measures have been taken and generally delegated this task to the judiciary.The terms of the executive act are not known in our laws. Our society suffers from chronic illness and abuse, which results in increasing the number of cases in the judiciary year-by-year and even over the years in the judiciary.The existence of millions of cases and the formation of various crimes and violations of the system of legal and penal system and the weakness of executive agencies, and all those who are sympathetic to the system should seek to prevent this issue and help the judiciary in this regard. In this regard, it is necessary to prevent the occurrence of crime and to refine the modern structures and techniques of the world today with the approach of judicial hygiene, legal health and the reform of crime prevention. From the outset of the constitution, the constitutional experts have disagreed over the transfer of responsibility for preventing crime to the judiciary, and some have argued that the judiciary, without the cooperation of the executive branch, can not move significantly in preventing crime. do it. In this paper, it is attempted to investigate the crime of crime in accordance with the existing laws of social prevention and, while analyzing the views of the consensus and the opposite, we conclude that the judiciary plays a fundamental role in this type of prevention, or can Has a coordinating role.

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Author(s): 

SHAHRYARI AKBAR

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    109-130
Measures: 
  • Citations: 

    0
  • Views: 

    2486
  • Downloads: 

    0
Abstract: 

This article addresses the ambiguities and legal barriers of citizenship rights.Citizenship rights are a source of blurring of many social and social anomalies, because these rights will explain, develop and raise awareness of its dimensions. According to criminal law, including the Criminal Procedure Code, people have rights that the Criminal Procedure Code has had many emphases in the year 1992 and is highly advanced in this regard. One of the features of the distinction between the advanced laws of many countries of the world is to us citizenship rights, they are committed to respecting these rights, while we are in the legislature and there is still no specific law in this area.Citizenship rights include different management clusters and demographics, each of which has roles, assignments, and related and interrelated duties.Clarifying and clarifying, activating presidential responsibilities in the implementation of citizenship rights, institutionalizing citizenship rights in the community, civil society organizations and nongovernmental organizations, establishing a precise control system and reforming the prosecution of cases and proceedings will remove barriers to citizenship rights. Slowly What challenges citizenship rights in Iran with many problems is the lack of law to deal with documents such as charter or even new laws.The basic issue is that different devices disregard the rights of citizens, and in some cases these rights are violated in various ways.

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Author(s): 

KAVIANI TALEGHANI MOGHADAM MOHAMMAD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    131-144
Measures: 
  • Citations: 

    0
  • Views: 

    943
  • Downloads: 

    0
Abstract: 

The issues of government responsibility have attracted the attention of the Permanent Court of the International Court of Justice and the International Court of Justice. Every legal student knows that the term "government responsibility" needs to refer to the case. It may be said that issues of government responsibility before the Court (Court of Justice) are divided into several broad categories. First, do the acts really take government responsibility? Second, if the accountable country is held responsible for international illegal acts, what will be the appropriate remedy? Third, does the jurisdiction also include judicial jurisdiction as a solution to the responsibilities of government / state? Four, What is the relationship between the law of the state and other applicable laws and laws in the present cases.On October 1, 2002, the fifth aspect of the law of responsibility of the state was at the heart of the court's decision on the land and sea border between Cameroon and Nigeria. The question arose that the status of the rights of responsibility was in the case of borderline What is? We seek to answer these questions in this research.

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Author(s): 

REZAII SIABIDI MOHAMMAD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    145-159
Measures: 
  • Citations: 

    0
  • Views: 

    6562
  • Downloads: 

    0
Abstract: 

To avoid tax evasion and hit the country's economy, VAT is needed in the country. At present, VAT is levied in 135 countries, and this type of tax is currently being implemented in poor countries, rich countries, countries of the Middle East, and the countries of the fringe country. In order to organize taxes and collect taxes, it is imperative to implement the VAT in a principled way. The assessment of VAT in accordance with Article 85, the experience of different countries, the manner of implementation and the facilities needed to implement it, operational strategies to prevent the introduction of damage to vulnerable sectors, were discussed and discussed. Tax evasion is currently taking place in the country, so it is necessary to arrange taxes, receive taxes reasonably and enforce VAT. Whatever the votes of the deputies on the value added tax, according to Rule 85, they are ratified and converted into law. In most countries, most of government revenue sources are taxed. The share of taxes differs from total public revenues among countries, and depends on the level of development and economic structure. Meanwhile, tax evasion and tax evasion in countries have caused tax revenues of countries to be lower than estimated, and all countries are using their efforts to reduce these two phenomena or by reforming the tax system, Make a climb.

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Author(s): 

REZAII SIABIDI ALIREZA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    161-174
Measures: 
  • Citations: 

    0
  • Views: 

    16714
  • Downloads: 

    0
Abstract: 

Considering the changes in the provisions of the legitimate defense in the Islamic Penal Code, 92 which, of course, does not change in principle and its effects, therefore, the aim of this research is a comparative study on the legitimate defense approved in 2013 with the previous laws that is being examined. Issues related to the legitimate defense in the Islamic Penal Code, approved in 1392, are set out in Articles 156, 157 and 158. The subject-matter of defense in the new law is also stated in article 156 of this law: life, property, honor, freedom and welfare. According to Article 156 of the Penal Code 2013: "If a person acts as a criminal offense in defending his or her own sentiment, worship, honor, property or liberty, or another, against any current or imminent aggression or imminent danger, in accordance with the rules of defense, In the event of community, the following conditions are not punishable: (A) Behavioral conduct is necessary to eliminate an aggression or danger.B) Documentary defense is reasonable or rational.C) Risk and rape have not been committed due to conscious action or aggression and other defense.(D) It is not practicable to resort to government forces without time of death or their intervention in the elimination of aggression and danger. "This article has three notes, each of which will be examined in its own right.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    175-195
Measures: 
  • Citations: 

    0
  • Views: 

    1132
  • Downloads: 

    0
Abstract: 

The Qur' an is a book of guidance, and its stories are one of the ways of directing mankind in the direct direction, and whatever is in it there is a proof and there is no false and vain talk about it. Therefore, it is possible to deduce the rules from the Qur' ānic verses. The stories of the Quran are real historical.The Qur' an seeks to educate human beings from objective cases and take advantage of real historical events, and God commands the mention of the story as a prelude to extracting the general law of the knowledge and structure of the future of mankind. And one of the principles of the inference of correct judgments is that the evidence that It is not offered imaginative. Therefore, it can be said that the Quranic stories have a real historical root. The preceding sentences are valid until they are fully developed in the Shari' a of Islam.Therefore, all the Qur' anic stories, which are the reporter of the jurisprudential jurisprudential jurisprudential jurisprudence of the past, are competent to deduce the jurisprudential ruling.

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Author(s): 

RAZMAN ALI

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    197-208
Measures: 
  • Citations: 

    0
  • Views: 

    2200
  • Downloads: 

    0
Abstract: 

The phenomenon of trafficking in goods or underground trade in the transportation of goods without payment and customs duties and commercial interest in the import and export of foreign exchange or the purchase of goods and entering it with the export currency through authorized and buying goods from the place of export currency to the country in It is referred to as export and the economic and commercial policies that the government imposes on their country's economic situation is ineffective or ineffective (and one of the problems faced by developing countries and their economic problems more The harmful effects of trafficking on the country's economy and the need to deal seriously with this ominous phenomenon. Megan is clear. In order to deal seriously with the smuggling of goods, an examination of the routes of entry and exit, as well as the type of goods that smuggle into the domestic market or exit from the borders of the country, is necessary for social and cultural and international contexts, in order to be able to The evaluation of the type of imported goods and their comparison with domestic production and ways to fight smuggling and clear results. The word "smuggling" is usually used for weapons and drugs, and especially for narcotics, and it is considered to be a definite and definitive fight against it. This smuggling of imported goods and comparing them with domestic production and ways to fight smuggling bring clear results. Is found.

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Author(s): 

BARZEGAR AYDA

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    209-227
Measures: 
  • Citations: 

    0
  • Views: 

    866
  • Downloads: 

    0
Abstract: 

The concept of international crimes is relatively new in international law, and since the Second World War, in addition to having many themes, it has attracted a great deal of capital from each country. At the end of the First World War, it was a matter of great concern that the former emperor Wilhelm II and other high-ranking officials were responsible for the war and crimes committed during the war? The fifteenth commission was set up by the World Peace Initiative at the end of the First World War to address the problem created by these countries. The problem was caused by the perpetration of these countries by the disgrace of the shameful sanctions of international law and the laws of nations, but in Ultimately, it was deduced that "no criminal is accused." A pure protest that was pleasing to the conference. Although the commission stressed that it would be desirable to guarantee the enforcement of such violations and violations of the principles of international law in the future. In recent years, this idea has attracted large amounts of money and money from armed conflicts, including the crimes committed by former Yugoslavia, Rwanda and Sierra Leone, because of the crimes committed in the armed conflict. Involved. The ICC tribunal is another important event that has now announced and implemented a genuine system of international criminal justice. This is now an appropriate response to a set of responses that could be considered as international crimes and logical achievements that pursue such crimes through the responsibilities and duties of governments.

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Author(s): 

DARVISHI ABBAS

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    229-263
Measures: 
  • Citations: 

    0
  • Views: 

    3362
  • Downloads: 

    0
Abstract: 

In this context, preventive methods, like self-offenses, include a variety of species, which are individually, socially, morally, culturally and educationally dimensional in their ultimate criminal form, to Indeed, when non-criminal methods are incapable of preserving values, they are referred to the most powerful means of punishment, that is, criminal laws are enforced and perpetrators of criminal acts are punished until The future criminal offenses of the perpetrator and other people in the community are prevented and at this point, the prevention and prevention link will be celebrated. Supporting potential victims of crime, creating a sense of public safety through the presence of the city and places where there is a risk of crime. Receiving reports on the commission or probability of committing crimes, presence in crime scenes or probable delinquency - providing counseling services And guidance to citizens in the areas of security and crime prevention - Provide plans and plans for the security of neighborhoods and urban environments against professional perpetrators - Provide scientific and constructive suggestions for reforming crime structures and approving appropriate laws for competent authorities, Preparation of crime statistics, starting from crime, total crimes, sterilization and arbitrary offenses The separation of crimes against persons, property and security. Of course, in different countries, the powers of the police have certain and wider limits than the similar institution in other countries. This has led to a number of interpretations of the concept of the police, and sometimes it can be referred to as the organizational complex of countering and combating crimes. Which would include the Judiciary and the Judiciary.

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Author(s): 

SOUFI FARIDEH

Issue Info: 
  • Year: 

    2018
  • Volume: 

    4
  • Issue: 

    4
  • Pages: 

    265-277
Measures: 
  • Citations: 

    0
  • Views: 

    9668
  • Downloads: 

    0
Abstract: 

According to geographers, the sea is said to be a collection of water-filled spaces, while in international law, these spaces are considered as free and natural all over the globe, so the saltwater masses, such as the Caspian Sea, And large saline lakes can not be legally legally maritime. Lions are used in international law in the concept of the sea. Maritime law is one of the branches of international law that deals with the international relations of governments or international organizations in marine areas, but maritime law is a branch of private domestic law that deals with the relations between individuals and countries in the sea and issues related to the ocean And the ruler. Among the issues, such as maritime shipping, maritime insurance, maritime law status and maritime safety, the importance of the rights of the seas will undoubtedly depend on the importance of the seas. In the past, the seas and oceans were more important in terms of communication, but nowadays, with the advancement of technology and as a result of knowing more of the resources of the seas and the ability to exploit these resources, the seas are of particular importance, while 9% The oceans and sub-basins are almost unknown to humans. The oceans account for about 71% of the surface of the earth's crust and are rich in huge oil and gas resources, mines and food.

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