THE JUDICIARY’S LAW JOURNAL
Year:2020 | Volume:84 | Issue:110|Papers Count:12

The exchange of public interest against private interests is a brief definition of the corruption, and its existence in any society indicates the defect of the right functions of the public institutions. corruption is an anti-value phenomenon and is detrimental to the rule of law, so that prevention of it is an undeniable necessity for governments and that it directly relates to the legitimacy of political systems. In most countries is one of the tools of preventing and combating corruption, monitoring property of public officials. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of their nature, and focusing on the property of officials is precisely to overcome this problem. In line with global developments and the desire to keep up with the tools of fight corruption, laws have been passed in Iran to combat corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved in 1394 is one of these. The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctione. In short, the accepted standards of developed countries in the combating against corruption are not included in the Law of the Iran, and the need to resolve and correct the weaknesses of the law is strongly felt.

One of the types of Ownerships’ Trusts, that are the product of the contract and the consent of the parties (owner and trustee). From the whole Civil Code Articles can be found Twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have measured as trust contract. This article is intended reply to this an important and practical question whether these twelve examples have a Limitative aspect and As a result, It cannot be added to the number of Nameless Contracts or it is Only examples of Nominated Trust Contracts and It doesn, t prevent the formation of Trust Contract based on article 10 of the Civil Code? This question arising from the old disagreement over the scope of transactions or the freedom of will in creating is not new trading patterns. But the origin of this question, a different interpretation of Article 631 of the law was conducted. Some supporter of the theory of the limitative contract of trust and some also disagreed with it. The third theory, which is presented in this article, That is, Article 631 “ Impliesnon-limitative” , Something higher than “ Not implying to limitative” . The practical result of this answer, Correct and penetrating knowing of new types of Nameless Contract Which have become abundant in our time and the parties are willing to Sequence effects trust to them.

Green court is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In the other words, electronic procedure, by the use of Information, Communication Technology (ICT), and with the aim of availability and exchange of information is a mechanism that adjust between the courts and beneficiary parties in the cases of the courts. This mechanism can promote the job satisfactory of judges, staff and parties. Mechanisms such as VCS, QMS, CMC and CAP are among the ways used by the legal system of many countries such as Malaysia, while the Iranian legal system has been partly failed to utilize such mechanisms. The present paper through critical analysis, tries to compare the two Iranian and Malaysian legal systems in using the e-court and legally scrutinizes the existed and future challenges of the green court application and gives commentaries.

In today's world, technology is progressing at a great speed. Criminals are well aware of this opportunity maker position and take advantage of technological advances for advancement of their goals. In addition to the creation of new crime tools, information and communication technology has also been a source of new crime, which with the expansion of the criminal environment beyond the geographical boundaries of a country, the process of globalization has accelerated the crime. The invention of virtual currencies has accelerated the process. Virtual currencies claim to be in line with conventional currencies, are trying to break the traditional taboos of production and distribution of money by governments and provide an informal currency with user-generated capabilities. This has led to the transformation of some of the traditional criminological concepts. White collar delinquency or white collars delinquency is one of those concepts that has evolved with the expansion of virtual space and its specific tools, as some thinkers refer to as "virtual collar crimes. " This study, after examining the dimensions of virtual white collar crimes or virtual collar crimes, analyzes the tendency of virtual criminals to use virtual currencies in committing delinquency according to some criminal cases.

In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance of maintaining the place of judgment. For them, the release their images and names of the convicts was also sensitive. From scientist's perspective, each of the punishments contains disadvantages and benefits and seems neglecting the purposes of scandal's pathology and Tash'hir's that imposing for corrupt judges leads to overcoming incommodities on their benefits. So the important question is that what should be similar performance of scandal and Tash'hir for judges as same as other economic offenders or not? This article seeks to review of the country's laws regarding the Tash'hir and recent approaches of the judicial authorities that according to the current rules proves the public disclosure of judges may be more vulnerable than running it.

Development of information technology and naturally different functions of the cyber space have affected the right to privacy and they could be threatened because of speed search and access to the data, and lack of correct organization of the cyber space. It requires the governments to establish an effective legal system by reforming the laws and regulations and also creating special methods. The current research using an analytical-descriptive method is looking for the challenges which the Iranian legal system envisages with them in prevention the violation of the privacy and personal data in cyber space. The findings of the research show that although the policy makers have an attention to the rights of the citizens, and could be assessed positively, but there are some challenges. In order to remove these challenges the government should enact appropriate and effective laws and regulations suitable for cyber requirements. In enacting such laws and regulations, international human rights rules and international documents and norms should be considered.

At various stages of the arbitration process of a dispute, obstacles and objections may arise, particularly from the loser party. Defenses such as encounte an agreement or arbitration clause with public order or basically not being arbiratable under the governing laws are used as the ways to escape being defeated. Given the ambiguity of the concepts of public order and arbitrability, especially in intellectual property law, and the differing views of different countries on these issues, we sought to examine what is the relationship between the concept of public order and arbitrability in the intellectual property disputes referred to arbitration. The result was that there was a split. Some have supported the theory of conformity of public order and inarbitrability. In contrast, other writers have arguments about the fundamental difference between the two. Keywords: Arbitrability, Exclusive Jurisdiction, Intellectual Property Disputes, New York Convention, Public Policy. Keywords: Arbitrability, Exclusive Jurisdiction, Intellectual Property Disputes, New York Convention, Public Policy.

If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant exclusive jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court in another country shall be recognized or enforced if such agreement is valid under the law of the court that hearing the request of recognition and enforcement of foreign judgment. The method of this article is analytical-descriptive and its result shows that such an agreement is generally neither contrary to public judicial policy nor contrary to the rules of internal civil procedure in determining the jurisdiction of courts, unless the agreement is not valid in terms of law (unlawful), such as the choice of court agreement is the case in the exclusive jurisdiction of another courts of country. Also if this agreement has been concluded by fraud or fraudulently or unfairly is not valid. Plus, if the chosen court of the two parties is not related to the elements of the dispute, the court can, due to the lack of a reasonable and legitimate interest and to avoid imposing court costs on its respective country, does not consider such jurisdiction valid and refuses to hear the case; But if the judgment is issued, recognition and enforcement it in abroad, it depends on the court's opinion of the legitimacy of this type of agreement.

Compensations for rape is considered to be the fundamental rights of the victims in the criminal justice process and has variety legal manifestation, such as virginity (arsh al-bakā ra) and stipulated dower (mahr al-mithl) as two most important examples. Studies on judicial procedure show that rape victims' claim (particularly in women case), due to the strict process in proving the claim, results in acquittal of defendant. Thus, in this study using descriptive-analytical method, we examine the possibility of victim's appeal for compensation after acquittal in Islamic criminal law and judicial procedure in cases that the defendant is acquitted. Also, various assumptions that courts have had in the case of compensation of rape have been examined and analyzed by presenting various courts' verdicts on this issue. By analyzing criminal law and procedure we found that in Iran's criminal justice procedure, the victim's deservationto receive compensation is not necessarily based on the conviction of the defendant, because in many cases in spite of the exculpation of defendants, courts have found the woman deserving the compensation e. g. virginity (arsh al-bakā ra) and stipulated dower (mahr al-mithl). The courts have discriminated between the victim's consent on the case of a murder Hadd punishment desired by the legislator and the victim's consent that they recognize the victim deserving the compensation. This paper describes the concept of real consent and pretending to consent and their characteristics from the jurisprudential and legal point of view, and proves the duality of these concepts, that makes it clear that not only acquittal of the rape charge does not mean that the victim deserves no compensation, but also in the cases that unreal consent is confirmed, the woman is entitled to damage.

Publicity Right means that exploitation of another personality with his permission is possible. There is no doubt about this right But there is disagreement over the realm of it. Can an exception be made for this right Or, any use of another personality is subject to the permission of the person? In American law, full implementation of this right is a violation of freedom of expression. For this reason, they have tried to modify this right and, in particular, define its boundaries with freedom of expression. The most important difficulty in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity And transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the US legal system.

The legislator emphasized on the IPC 1392 with the adoption of alternative community-based responses to children in conflict with the law was a special place. this community punishment that in the 88, 89, 90 and 94 articlesaccording to the response of the circuit. The community punishment order (CPO) was first introduced as the community service orderunder the provisions of the Criminal Justice Act 1972 and it is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000. The community punishment and rehabilitation order (CPRO) was introduced by the Criminal Justice Act 1991 and is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000 and is, in essence, the marriage between the community punishment order (CPO) and the community rehabilitation order (CRO). However, that legislative approach in the form of criminal policy reform social circuit judges to apply the most promising approaches based on care and correct answers, but this approach has several challenges faced judicial proceedings. effective implementation of these answers can be as effective.

The effectiveness of the family law, depends on its effectivity in society, and any incompatibility of the social and legal system governing the family, is preventing this from happening. This damage, which is already present in our legal system, is due to factors that are the most important of which are the method of inacting the law. It seems that attention to reality and the study of social studies in a scientific manner, can increase the effectiveness of family law and bring it closer to its main goalThe effectiveness of the family law, depends on its effectivity in society, and any incompatibility of the social and legal system governing the family, is preventing this from happening. This damage, which is already present in our legal system, is due to factors that are the most important of which are the method of inacting the law. It seems that attention to reality and the study of social studies in a scientific manner, can increase the effectiveness of family law and bring it closer to its main goal.