https://qgl.lri.ir/ Quarterly Journal of "Government and Law" (QGL) en daily 1 Thu, 19 Mar 2026 00:00:00 +0330 Thu, 19 Mar 2026 00:00:00 +0330 https://qgl.lri.ir/article_239145.html Virtual collar criminals are a group of white-collar criminals, who commit crimes based on deception and deception by relying on new technologies in cyberspace. They have high cyber intelligence, location tracking, and anonymity in the Internet, which is a dynamic network with constantly changing content, and they cleverly hide their fraudulent actions for a long time. Therefore, the scope of the harmful nature of their behaviors is usually much wider than that of other criminals, which highlights the importance of focusing criminal policy on this issue with an emphasis on preventive criminology. Studies show that criminal policy making, with an emphasis on the interaction between established action and normativization in line with the system of responding to Virtual collar crimes , in addition to differentiation through independent criminalization, focuses on the effectiveness of the perpetrator-centered prevention strategy towards Virtual collar criminals and relies on psychometric tests, mental health assessment, and cognitive-behavioral treatments on the one hand, and benefits from the victim-centered prevention strategy centered on educating and empowering the target community of Virtual collar crimes and taking advantage of them by intervening in pre-criminal situations on the other. https://qgl.lri.ir/article_243355.html In criminological scholarship, the theory of criminal ecology analyzes the interrelations among migration, settlement, and patterns of offending and victimization. The legislative dimension of criminal policy in the legal system of each state, inspired by the teachings of ecological criminology, bears responsibility for criminalization and penal regulation in matters such as offenses related to the migration of foreigners into the country and the criminogenic instabilities arising from migrant life within the territory of the host or transit state. The cultural and economic deprivation of many Afghan nationals convicted of the offense of unlawful entry into Iran—particularly since 2021, when the influx of migrants across the eastern borders intensified due to the unjustified leniency of relevant domestic policymakers—has generated a wide range of social crises. These include a rising rate of offending as well as the heightened victimization of Afghans who have entered Iran either with the aim of settling or in transit toward Turkey and Europe. This challenge underscores the pressing necessity for Iranian criminal law to employ, with determination, the instruments of criminalization and punishment in an effective manner. This qualitative article, through the method of legal discourse analysis, critiques Iran’s criminal policy on account of its obsolescence and deficiencies in the scope of criminalization as well as in the types and severity of punishments prescribed. The findings reveal that certain outdated and ineffective Iranian laws exert a counterproductive impact on Afghan migrants—encouraging rather than deterring unlawful conduct—thus constituting a significant legal weakness that contributes to the marginalization crises they face in Iranian urban areas. The article concludes by proposing reforms to the draft Law on Combating Human Trafficking, Migrants, and Organ Trade, and the Punishment of Unlawful Border Crossings (2024), https://qgl.lri.ir/article_240698.html https://qgl.lri.ir/article_240651.html The Disciplinary Court for Notaries and Clerks is one of the semi-criminal administrative bodies within the Iranian judicial system, tasked with examining and adjudicating the misconduct of notaries and clerks—misconducts that do not have a criminal nature and are defined within the framework of administrative and disciplinary responsibilities. To address such misconduct, the legislator has established a disciplinary prosecutor’s office and court. However, the absence of an independent and comprehensive law governing proceedings, coupled with reliance on the 1975 Law on Official Documents and its executive regulations, has created limitations in the judicial process. The principle of a fair trial, as the core and fundamental criterion of any judicial system, guarantees individual rights and freedoms and serves as a benchmark for evaluating the quality of proceedings. Examination of the regulations governing the Disciplinary Court for Notaries and Clerks indicates that, in practice, the fulfillment of fair trial requirements faces multiple challenges, including limited access to the court, lack of full independence and impartiality of the adjudicating body, failure to ensure equal hearing, violation of the presumption of innocence, and restricted rights to appeal. This article aims to analyze the aforementioned semi-criminal system, identify existing deficiencies, and propose measures to improve the quality of proceedings by assessing the conformity of the Disciplinary Court’s procedures with the principles of a fair trial, emphasizing the need to revise current regulations to guarantee the rights of defendants and enhance transparency and justice. https://qgl.lri.ir/article_231472.html Protection of public property is a prominent manifestation of the protection of public interests of nations and one of the necessary and inevitable missions of governments. Using library studies and adopting an analytical-descriptive approach to answer the question of what are the legal mechanisms for the protection of public property, the present research has reached the conclusion that the mechanisms for the protection of public property in Iran's legal system can be seen in a macro view. divided into two parts "conventional mechanisms" and "potential mechanisms". "Requiring the government and public institutions to limit the limits of public property", "Requiring public persons to efficiently maintain public property", "Establishing legal financial protections for the custodians of public property", "Prohibition of peace and arbitrability of property of public persons" are current and customary mechanisms. and "Giving legal personality to user-oriented public property" derived from Imamiyyah jurisprudence and "non-assignment of public property", "no passage of time" and "prohibition of confiscation of public property" originating from the French legal system, of potential legal protection capacities and mechanisms They are considered public property in Iran, which can be used by norm-setting institutions according to the requirements of the legal ecosystem of the Islamic Republic of Iran. https://qgl.lri.ir/article_245266.html Multiple offenses as an effective factor in determining punishment are among the institutions whose regulations have always been subject to change in all legislative periods in Iran. These changes can be examined in the areas of definition (criteria for distinguishing between multiple and repeated offenses), determining factors in aggravation (number of committed offenses and whether the offenses are different or not), type and degree of aggravation (sum of punishments, determining the most severe punishment, etc.), and the judge's authority to apply aggravation rules. In this article, with the aim of identifying the foundations of these developments, the content of the laws passed in this area in different legislative periods has been examined using a descriptive-analytical method. The findings indicate that the regulations in the area of ​​multiple offenses before the Islamic Revolution, like other provisions of the General Penal Code approved in 1925 and 1973, were formulated under the influence of French law. The changes that took place after the Islamic Revolution and the political developments resulting from the revolution, in the two legislative periods of 1983 and 1991, were influenced by a completely ideological perspective, and accordingly, as expected, we are witnessing very fundamental and fundamental changes in the field of regulations governing the multiplicity of crimes. However, after the revolution, we are witnessing fundamental changes again in 2013 and 2019 in this field, which are significantly fundamental and on the surface seem to be a return to the regulations before the Islamic Revolution, but it can be considered the result of a different and benefit-oriented perspective in determining the regulations governing the field of determining punishment. https://qgl.lri.ir/article_245340.html The profound transformations in economic and social structures brought about by globalization, the expansion of multinational corporations, and shifts in employment patterns have posed fundamental challenges to the traditional theoretical foundations of labour law. In classical labour law, the inequality of power between workers and employers has been the main basis for the development of protective rules, but the emerging complexities of the labor market, especially in the form of the digital economy and informal employment, require a rethinking of the normative foundations of this area. In response to these challenges, several major approaches have been proposed to explain the relationship between labour rights and human rights: first, a perspective that considers labour rights as an extension of human rights and emphasizes the need to analyze the requirements of labour rights within the framework of fundamental human rights principles; second, an approach that, focusing on collective solidarity and trade union protections, considers the independence of labour rights from the human rights system essential; and third, an approach that, while rejecting the previous two approaches, seeks to balance the relationship between labour rights and human rights. This article, using a descriptive-analytical method, while critiquing and examining these three approaches, argues that human rights and labour rights are not only not in conflict, but in an integrated framework, the capacities of both systems can be used to ensure effective protection of workers' dignity. The findings indicate that integrating fundamental human rights principles with labour rights protection mechanisms constitutes an effective strategy to address contemporary labor market challenges and to enhance social justice in employer-employee relations. https://qgl.lri.ir/article_245341.html Arbitration, as one of the most important methods of dispute resolution, plays an increasingly significant role in both domestic and international legal and commercial relations. However, ensuring the validity and legitimacy of arbitral awards requires the establishment of supervisory mechanisms, including the setting aside of arbitral awards. This study aims to explain and compare the grounds for setting aside arbitral awards in Iranian and Turkish law, seeking to answer the question of what similarities and differences exist between the two legal systems in terms of the foundations, scope, and effects of such grounds.This research is conducted using a descriptive-analytical method and relies on library-based sources, statutory regulations, legal doctrine, and comparative studies. The findings indicate that in Iranian law, the main grounds for setting aside arbitral awards are provided in Article 489 of the Civil Procedure Code and Article 33 of the International Commercial Arbitration Act, and they primarily concern lack of jurisdiction, excess of authority by the arbitrator, violation of mandatory rules of law, and failure to observe fundamental principles of due process. In Turkish law, the grounds for setting aside, with emphasis on the Code of Civil Procedure and arbitration-related provisions, are based on compliance with fair trial principles, as well as the independence and impartiality of the arbitrator and the protection of the parties’ rights of defense.The results of the study show that although both legal systems share a common approach in supporting the validity of arbitration and limiting judicial intervention, differences can still be observed in the scope of certain grounds for setting aside, as well as in the manner of judicial review and the interpretation of procedural principles. These differences may be taken into account in the development of comparative legal studies and in the reform of arbitration-related regulations in Iranian law. https://qgl.lri.ir/article_233164.html As non-governmental public institutions, municipalities are obligated under Article 55 of the Municipalities Act to maintain order, hygiene, and public safety. The increasing presence of stray dogs in urban areas poses a threat to the health and safety of citizens and may result in bodily harm and financial losses. This study aims to examine the criminal liability of municipalities in cases of omission regarding the collection of these animals. It first explores the foundations of corporate criminal liability based on Article 143 of the Islamic Penal Code and related theories of omission. The research then analyzes key challenges such as the ambiguity in establishing causality, inadequate legislation on the management of stray dogs, and the multiplicity of responsible authorities. In the third section, a review of judicial practice reveals that while some rulings have acknowledged municipal liability, the lack of consistent precedent and differing judicial interpretations have limited the effectiveness of this legal path. Finally, the paper offers recommendations including amending Article 143 of the Penal Code to explicitly define the responsibilities of public institutions, drafting a comprehensive urban animal management law, establishing specific legal sanctions for legal entities, creating a reporting system for omissions, and providing legal education to municipal managers to enhance accountability and prevent harm. https://qgl.lri.ir/article_243548.html This article conducts a comparative study of time-bound conditions in continuous contracts (such as long-term lease, contracting, and assignment contracts) from the perspective of Iranian and Egyptian law in order to determine the effect and time requirements in continuous contracts and their effect on the legal order and maintaining the balance of the contract in two legal systems with different foundations (jurisprudential and consolidated).The present research method is descriptive-analytical and comparative and compares two central issues, namely, adjusting the liability and managing changing circumstances.Some of the most important findings of this study indicate that Iranian law, relying on the principle of contract necessity, does not accept the judge's authority to adjust the disproportionate obligation and in cases of force majeure, often only orders the termination of the contract (except in exceptional cases of recourse to hardship). In contrast, Egyptian law is more flexible.The judge is authorized to adjust the amount of the bond under Article 224 of the Egyptian Civil Code.And more importantly, by explicitly accepting the theory of circumstances, according to paragraph 2 of Article 147 of the Civil Code, he has the authority to modify the contract and save it from collapse in unpredictable circumstances.Thus, Egyptian law has provided the judge with more efficient legal tools to maintain economic stability and the survival of ongoing contracts in critical situations, while the Iranian law approach, with its legal limitations, often leads to contract termination and the loss of economic equilibrium.