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Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    97
  • Pages: 

    59-75
Measures: 
  • Citations: 

    0
  • Views: 

    133
  • Downloads: 

    0
Abstract: 

However, the punishment of imprisonment has become the main response of domestic and international arsenals,But now one of the most important challenges facing the International Criminal court is how to enforce its sentences, and especially the execution of imprisonment. according to the Statute of the court, imprisonment is carried out through voluntary agreements with the receiving countries and in the domestic prisons of each country. Of course, the court itself has a special detention center in The Hague, where the defendants are kept until they are sentenced and transferred to the target prison. It seems that the principle of independence of the court requires the creation of a new mechanism in the execution of its imprisonment sentences,What is more, the receiving countries, due to lack of focus, distinction in services and quality of prisons, and cultural and linguistic differences, can not fully meet the objectives of the imprisonment sentence imposed by the court. This article, while addressing the concept, background and reasons of imprisonment and how to implement this punishment in the international penal system, with a forward-looking approach, seeks to prove the necessity of establishing an international prison. From the authorschr('39'). . .

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    4
  • Issue: 

    11
  • Pages: 

    275-300
Measures: 
  • Citations: 

    0
  • Views: 

    972
  • Downloads: 

    0
Abstract: 

execution of the sentence is the last step in a trial process in which the result of the verdict will be realized for the convict. In other words, all other steps will be ineffective if the execution step is not carried out well. The purpose of the present study is to examine the rights and obligations of third parties in the execution of sentences. The third party refers to all natural or legal persons who do not have the title of plaintiff and defendant in the main petition. A third party may intervene before the conclusion of the proceedings in the initial or appellate stage if he or she has an independent right or considers himself or herself a beneficiary in the right of one of the main litigants. But one of the stages in which the third party has rights and obligations is the stage of execution of judgments in civil proceedings as well as the court of Administrative Justice. In general, the purpose of third party intervention in the civil proceedings, especially in the enforcement phase, is the realization of third party rights, with the difference that the time of third party intervention, either as voluntary intervention (entry, protest) or forced intervention (arrest), is different. And also the conditions of its design will be different according to its type according to the Code of Civil Procedure and the Law of Organization and Procedure of the court of Administrative Justice.

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Issue Info: 
  • Year: 

    2019
  • Volume: 

    9
  • Issue: 

    2
  • Pages: 

    493-519
Measures: 
  • Citations: 

    0
  • Views: 

    1162
  • Downloads: 

    0
Abstract: 

One of the most important stages in the criminal process is the implementation of the sentences, and the result of a high and progressive prosecution of crimes is highlighted. Because, on the one hand, the efforts of all the activists of the criminal justice system have not been achieved and, on the other hand, by carrying out the guarantees of criminal proceedings, the basic objectives of punishment, namely, the deterrence, reformation and reinstatement of the prisoners, and thus the right to benefit the community and the victim of the investigator It turns out. In French law, the execution of a criminal conviction is also considered a judicial stage in which the judge for the execution of the sentence, the penal court and the sentencing committee may, based on the change in the behavior of the convicted personality, without reference to the court issuing the sentence of the sentence Moderate. In the English Penal System, the judiciary institution is not individually predicted to execute sentences, but is differentiated by different institutions outside the judicial system, under the supervision of the Interior Ministry, to enforce the sentences and to adapt them to the convicted person; however, in some cases, the issuing court It can make a modification or reduction in the initial order. However, in Iran's penal system, judges have more enforcement and supervisory powers and prosecutors are employed in an administrative capacity. However, it seems that judicializing the institution of execution of judgments and creating indigenous changes in proportion to the size of the cases can lead to ensuring that the execution of sentences is proportionate and individualized with the convicted person.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2020
  • Volume: 

    8
  • Issue: 

    2 (16)
  • Pages: 

    29-36
Measures: 
  • Citations: 

    0
  • Views: 

    2059
  • Downloads: 

    0
Abstract: 

In the development of international relations, recognition and implementation of verdicts issued bay foreign courts is necessary. Of course, this does not mean that countries are required to recognize and enforce the unconditional requirements of foreign judgments, but that the objective is to allow foreign civilian sentences to be enforced with due observance of the law, thus addressing the issue of identifying and validating the rights of those who are being watched and the way to Further development of private international law. In this paper, two different perspectives on the recognition and enforcement of sentences issued by Iran's courts in foreign countries, which include awareness of how to identify and enforce Iranian sentences from abroad, which are more in the framework of civil and private international law of foreign countries and the recognition and enforcing foreign judgments in Iran, which, in principle, apart from the civil and civil law principles of international law, which is in the framework of civil and private international law of Iran, will be examined.

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Author(s): 

Hasan Nezhad Omrani Reza

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    6
  • Issue: 

    15
  • Pages: 

    303-318
Measures: 
  • Citations: 

    0
  • Views: 

    170
  • Downloads: 

    0
Abstract: 

execution of the verdict is considered as the ultimate goal of a fair trial, and achieving this requires comprehensive and complete investigation and understanding of the subject, concepts, and principles governing it. Based on this, the Administrative Justice court is facing various challenges in the correct implementation of its rulings. The government, as a defendant against the rulings of the court, is considered an important challenge in the proper implementation of the rulings of the aforementioned authority. Since the most important stages of proceedings in all judicial authorities is the stage of execution of the judgment and basically the goal of the petitioner, the plaintiff and in general every beneficiary of the lawsuit, as well as the attention of the judicial system to the lawsuit and compliance with the related legal principles and formalities, is the execution of the issued judgment, therefore The realization of the right and the application of justice or the end of hostilities depend on the implementation of the decision. The laws related to the implementation of the rulings of the Administrative court of Justice are mentioned scattered in articles 107 to 119 of the Organization and Procedure Law of the Administrative court of Justice approved in 2012, and the big problem that occurs in the implementation of these rulings is that the addressee of the implementation of the rulings of the Administrative court of Justice, the government and because the government, unlike natural persons, has special authority (based on public interest), the ground is provided for the possibility of non-implementation, incorrect implementation or incomplete implementation of the rulings issued by the Administrative court of Justice. In addition, the concern of reviewing the execution of the rulings of the Administrative court of Justice is the existence of many challenges and problems facing this institution, including the reluctance of government officials to properly execute the issued rulings and the lack of a guarantee of sufficient execution in this regard, which without a doubt seriously harms the right of citizens to sue and solutions should be found to solve them.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    12
  • Issue: 

    47
  • Pages: 

    102-128
Measures: 
  • Citations: 

    0
  • Views: 

    349
  • Downloads: 

    0
Abstract: 

English Field and Aims: The right not to be punished is one of the new rights in the relationship between citizens and the government. This right is not men-tioned in any of the articles of the ECHR; however, an examination of the rulings of the European court of Human Rights shows that this right has not gone unnoticed by judges. One of the manifestations of the recent right is the verdicts related to imprisonment. Thus, contrary to popular belief, the right not to be punished is not limited to the stage of sentencing and the prohibition of the imposition of dignified or earlier punishments and the principle that the punishment is minimal; beyond that, the right remains in place during the execution of the sentence. Methodology: The present study was conducted in terms of data collection by documentary method and study of the Jurisprudence of the European court of Human Rights and the obtained information was analyzed by descriptively-analytically method. Findings and Conclusion: The present study has reached the conclusion that any imposition of disproportionate and unnecessary suffering and any illegal and irrational restriction of the basic rights of a prisoner offender during the execution of imprisonment in various physical and mental forms is a violation of this right. And is a guarantor for governments; because the transformation of a criminal human being into a static and aimless being is in conflict with the greatest goal of imprisonment, namely, rehabilitation and socialization of criminals.

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Writer: 

Ahmadzadeh Hamed

Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
Measures: 
  • Views: 

    218
  • Downloads: 

    0
Abstract: 

THE PURPOSE OF THIS ARTICLE WAS TO REVIEW THE APPLIED JURISPRUDENCE ISSUES IN IRANIAN JURISPRUDENCE AND LAW. ARBITRATION IS THE REFUSAL OF INDIVIDUALS TO INTERVENE BY OFFICIAL AUTHORITIES IN THE TERMINATION OF THEIR CLAIMS RELATING TO THEIR OWN PRIVATE PROPERTY AND THEIR SURRENDER TO THE PRIVATE GOVERNMENT OF INDIVIDUALS. CONSIDERING THAT JUDGING IS A LEGAL AND LEGAL ISSUE, AND BECAUSE OF THE EMPHASIS ON SACRED ISLAMIC LAW AND THE HOLY QUR' AN, JURISTS HAVE ALSO GIVEN GREAT IMPORTANCE TO THE ISSUE OF JUDGMENT. IN IRAN'S LAW, ACCORDING TO THE ADOPTION OF THE PROVISIONS ON ARBITRATION IN THE CODE OF CIVIL PROCEDURE, AS AMENDED IN 2000, AS WELL AS THE SUBSEQUENT AMENDMENTS TO THE ARBITRAL PROCEEDINGS IN 2002, PARAGRAPHS 454 TO 501 WERE REFERRED TO ARBITRATION, AND AFTER THIS TIME, THE GROWTH NO SIGNIFICANT DEVELOPMENT HAS BEEN MADE.

Yearly Impact:   مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    173-200
Measures: 
  • Citations: 

    0
  • Views: 

    166
  • Downloads: 

    33
Abstract: 

ABSTRACT Over the past 50 years since the first research in the field of urban development implementation plans, there has been a noticeable absence of a comprehensive literature review on this topic in the global arena. This article provides a textual analysis related to the subject of urban development implementation plans, to identify important and recurring themes alongside analyzing the relationships between authors, journals, and countries in this field. Along with the bibliographic analysis, documents related to the field of urban development implementation plans were reviewed to identify influential indicators in their implementation. To this end, 456 scientific articles were extracted from the Scopus scientific database as of October 28th, 2022, and analyzed using scientometric software. These analyses include examining author keywords, country co-authorships, journal bibliographic coupling, and author co-citations. In this study, 74 final indicators were identified as the most recurrent indicators in this field. The bibliographic analysis also produced several noteworthy results. The United States is the most active country in this field, with a link strength of 40 and 176 articles. Berke, P. is the most influential author in this field, with a link strength of 1623 and 99 citations. Among the journals examined, "Land Use Policy" has the highest bibliographic coupling strength of 84, and the "Journal of the American Planning Association" has the highest number of documents related to this field, with 22 documents; finally, among the identified. Extended Abstract Introduction The implementation of urban development projects has been a neglected topic in public policy research, despite its critical importance in ensuring the success of such projects. While there have been numerous studies on the factors that contribute to the success or failure of policy implementation, there has been a lack of systematic reviews on the subject of implementation as a whole. This study aims to address this gap in knowledge by providing a comprehensive overview of the implementation process of urban development projects. This study aims to address this gap in knowledge by providing a comprehensive overview of the implementation process of urban development projects. The study begins by collecting and categorizing existing research in the field, focusing on three main questions: -What are the key indicators for successful implementation? -What are urban journals and articles' current trends and performance? -How do countries and researchers collaborate in this area? The study also examines the relationships between authors, publishers, and different types of documents through bibliographic analysis. Ultimately, this study highlights the need for further research and a more structured approach to understanding the implementation process of urban development projects.   Methodology This study examined the literature related to implementation and evaluation plans in urban and land use planning. The authors used the Scopus database to extract and collect data, focusing on combining the keywords "implementation-plan" and "evaluation-plan" in the keywords, abstracts, and titles. Initially, 621 studies were extracted, but 456 articles were selected as the final database after filtering out non-article documents. The authors observed a general upward trend for studies from 1968 to 2022, with a significant increase in the slope of the trend from 2007. However, a slight decrease in studies was observed in 2021 and 2022, possibly due to the global pandemic and the emergence of new related topics. The authors used a four-stage process to analyze the bibliographic subject of the study, including simultaneous occurrence analysis, co-authorship analysis, bibliographic coupling analysis, co-citation analysis, content analysis, and thematic analysis. The authors identified the selected articles' research objectives, methodologies, findings, and main themes and sub-themes. Overall, this study provides a comprehensive analysis of the literature on implementation and evaluation plans in urban and land use planning.   Results and discussion This research aims to comprehensively analyze the implementation and execution of urban development plans using bibliometrics and systematic analysis. The study considers evaluation as a crucial part of the implementation process and seeks to answer three fundamental questions. Firstly, it identifies effective indicators of implementation and execution globally. Secondly, it examines the trends and performances of new articles and urban journals. Thirdly, it investigates the pattern of cooperation among countries and researchers. The study identifies 74 general indicators that significantly impact the implementation process of urban plans. The results show that "performance evaluation," "effectiveness," "land use," "zonation," "participation," "program quality," and "implementation program" are critical indicators in this area. The study also highlights the importance of evaluation in the discussion of program implementation and its separability from the implementation process. Using the scientometric software VOSviewer, the study analyzed 68 keywords related to the bibliographic topic. "Program evaluation" obtained the first place, followed by "Program implementation" and "Program quality." The co-authorship analysis based on author items revealed that Berke, P. has the highest number of citations and link strength. Additionally, the study found that 72 countries have research in this field, with 22 countries having at least 5 citations that were clustered into 5 clusters by the software. The "land use policy" journal had the highest link strength, and the "Journal of the American planning association" had the highest number of documents related to this field. In conclusion, the study provides valuable insights for policymakers and researchers interested in urban development planning. It comprehensively examines the implementation and execution of urban development plans, identifies effective indicators, and investigates the pattern of cooperation among countries and researchers. The study highlights the importance of evaluation in the implementation process and its separability from the implementation process.   Conclusion The main goal of this research was to fill the gap in research on the implementation and execution of urban development projects in the field, as no systematic review of the topic has been conducted from a global perspective since the first research in this field about half a century ago. Only in some studies, such as those by Talen (1996), Oliveira & Pinho (2010), Rudolf & Grădinaru (2017), has the evaluation of implementation been systematically reviewed, or the systematic review of experiences in a specific urban area, such as the review of various experiences in the Beijing urban area (Chu, 2020). In this research, with the comprehensive approach that the evaluation of implementation is an integral part of the overall process of implementing and executing urban development projects, this process has been examined from the perspective of bibliometrics and systematic analysis of this field. The main difference of this research, which makes it completely new, is firstly having a comprehensive approach to the implementation field, where program evaluation is only an important part of its structure, and secondly, using the scientometric software VOSviewer for the first time in this field. In essence, the conclusive outcomes of this investigation were entirely novel and exhibited some partial congruences with antecedent studies in the domain of appraising and discerning indicators. Significantly, this research has conferred a systematic appraisal of the literature concerning the urban implementation and execution of projects, which is an unprecedented contribution. It should be acknowledged that this is an initial survey of data intended to offer a comprehensive outlook on this scholarly field, and thus it is subject to certain limitations, such as its confinement to the Scopus database. As such, it is recommended that future research endeavors encompass an analysis of additional databases and undertake comparative evaluations of the results. Funding There is no funding support.   Authors’ Contribution Authors contributed equally to the conceptualization and writing of the article. All of the authors approved thecontent of the manuscript and agreed on all aspects of the work declaration of competing interest none. Conflict of Interest Authors declared no conflict of interest.   Acknowledgments  We are grateful to all the scientific consultants of this paper.

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Author(s): 

Hajian Hani

Journal: 

Judgment

Issue Info: 
  • Year: 

    2023
  • Volume: 

    23
  • Issue: 

    4 (پیاپی 116)
  • Pages: 

    18-37
Measures: 
  • Citations: 

    0
  • Views: 

    65
  • Downloads: 

    13
Abstract: 

Undoubtedly, the rules governing civil enforcement in legal systems aim to fully realize rights, ensuring that the entitled party receives their due. In terms of enforcement, efforts should be made to facilitate effective execution of judgments, allowing the claimant to obtain their rights in the shortest possible time. Effective enforcement of a court ruling must not be confused with unlawful execution; while swift enforcement is important, the dignity of the defendant must also be preserved. Accordingly, enforcement laws include provisions regarding insolvency and exemptions from debt. Following amendments to Article 10 of the amended law on the formation of general and revolutionary courts, Article 34 of the amended regulation, and the approval of guidelines for organizing and expediting civil enforcement, Section "H" of Article 18 of the guidelines introduces the concept of prohibition from services in the context of enforcement. This paper uses a descriptive-analytical method and library resources to explore the meaning of prohibiting a defendant from services as outlined in the guidelines, and whether the jurisprudential and legal system of Iran accepts this measure as an effective means of enforcing court rulings. The findings indicate that, firstly, this measure inherently functions as a penalty requiring legislative action by the parliament. Secondly, its implementation must respect human dignity. Thirdly, it should not result in the civil death of the defendant.

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    6
  • Issue: 

    1 (21)
  • Pages: 

    1-16
Measures: 
  • Citations: 

    0
  • Views: 

    545
  • Downloads: 

    0
Abstract: 

"The software protection against analysis has become an important issue in the field of computer engineering. The symbolic execution method, as an approach to explore execution paths and conditions of the program, is recently considered. Therefore, developers try to protect their code to prevent against symbolic execution. A successful symbolic execution has extracted the provisions of all paths in the form of a symbolic tree. Therefore, we can prevent the symbolic execution of a program to protect the code in several different ways and hide paths from the view of analysts. This paper focused on obfuscating the condition for behavior so that in the case of symbolic execution analyst can not find the right conditions of a behavior. For this purpose, a new agenda is presented to add some new variables to the execution path that they are related to the program variables to confuse constraint solvers and build many new fake paths in the form of the symbolic tree. Results showed that symbolic analysis tools are unable to obtain all paths after obfuscation.

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