https://pr.jri.ac.ir/ Public Rights en daily 1 Sat, 23 Aug 2025 00:00:00 +0330 Sat, 23 Aug 2025 00:00:00 +0330 https://pr.jri.ac.ir/article_729274.html According to Article 174 of the Constitution, the General Inspection Organization of Iran (GIO) is one of the most important supervisory institutions in the country, entrusted with safeguarding public rights and overseeing the proper implementation of laws. In other legal systems, a similar role is performed independently by an institution known as the “Ombudsman.” This study, using a descriptive-analytical method and relying on library sources, seeks to answer the question of whether the capacities and powers of the GIO in protecting public rights are equivalent to those of advanced Ombudsman institutions. The findings indicate that while both institutions share common objectives such as combating corruption, promoting transparency, and protecting public rights, differences and weaknesses in key indicators—such as financial and structural independence, enforceability, transparency, scope of jurisdiction, nature of supervision, and international standing—have resulted in the GIO being less effective compared to the Ombudsman, thereby making the latter superior in practice. Accordingly, this research, in addition to addressing the key indicators of public rights protection, offers recommendations for strengthening the effectiveness of the GIO through enhancing independence, expanding jurisdiction, improving international standing, and reinforcing transparency and enforceability. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌‌‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌‌‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ https://pr.jri.ac.ir/article_729997.html The criminal response to public rights violations in online terrorist activities, particularly within the digital legal systems of the UK and France, is one of the complex challenges in the digital world and cyberspace. With the increasing use of online platforms for committing terrorist activities, such as promoting violence, recruitment, and illegal financing, public rights, including individual security, social order, and public trust, are facing significant threats. In this regard, the digital legal systems of the UK and France have introduced specific criminal regulations to address violations of public rights in the digital space. The UK adopts a flexible approach, particularly in regard to online terrorist activities, using regulations that allow for a broader response, while France has implemented more stringent measures, adopting special regulations to tackle these activities and removing illegal content. This study analyzes and compares the digital legal systems of the UK and France in addressing public rights violations resulting from online terrorist activities, examining the challenges and limitations of these regulations. In order to ensure public security and protect public rights, it is crucial that counterterrorism laws in the UK and France be revised. The boundaries between terrorist activities and freedom of expression must be clearly defined to prevent misuse. Regulatory bodies should be independent and advocate for individual rights. Additionally, international cooperation, the development of common standards, and the use of modern technologies with respect for human rights are essential in combating online terrorist activities. Reforms in laws and processes to create a balance between security and public rights are necessary. https://pr.jri.ac.ir/article_736015.html The purpose of this research is to assess the feasibility of the Iranian Administrative Court of Justice’s judicial practice in protecting public rights by issuing interim orders to annul government decisions. The fundamental question of this research refers to the fact that the Iranian Administrative Court of Justice, within the framework of current laws, has sufficient capacity to issue effective interim orders and how can the experiences of the French Supreme Administrative Court in this field be benefited? To answer this question, the judicial practice of the two courts has been compared from a legal, judicial and operational perspective. The findings indicate that in the Iranian legal system, the criteria for issuing interim orders, such as necessity, irreparability and apparent probability of the correctness of the claim, are defined in general terms and without operational details, which leads to broad interpretations and lack of effective use of this tool. Also, administrative obstacles and slow judicial processes reduce the effectiveness of the court’s decisions. In contrast, the French Supreme Administrative Court functions more efficiently by using precise criteria, judicial independence and effective cooperation with executive institutions. The results of the research indicate that in order to strengthen the judicial practice of the Iranian Administrative Justice Court, the criteria for issuing temporary orders should be made clearer, the independence of the Court should be strengthened, and technology should be used to facilitate judicial processes. https://pr.jri.ac.ir/article_729272.html According to paragraph 2 of Article 56 of the Constitution, one of the central duties of the judiciary is "restoration of public rights and the expansion of justice and legitimate freedoms", which, considering the special duties of the prosecutors' offices, especially in the centers of the provinces, this task is pursued by that institution. It is verified and determined; This process or outcome is based on paragraph A of Article 1 of the guidelines for the supervision and follow-up of public rights in its conceptual form, "rights that are fixed in the constitution, relevant laws or other applicable regulations"; Therefore, the basic question of this article is based on the idea that whether it is possible to obtain a clear concept or a temporal definition or a temporal meaning from the presented definition of public rights in accordance with the theoretical or semantic foundation of the national consensus in terms of its scope and inclusiveness. ; And assuming the acceptance of this approach, on that theoretical operation and extractive process and field ijtihad in connecting the conceptual veins of the term "national consensus" with the legal phrase "public rights" are there any objective results and results? The initial answer is based on the judicial experiences in the field of public rights restoration in Sistan and Baluchistan province, and with the opinion of the written model in the provincial capital prosecutor's office, considering and including the central phrase such as "the rapprochement of religions", which is positive and effective in terms of provincial and national unity, and is a common method. In this article, in a descriptive and analytical way, with the approach of explaining the origin and destination of the revival of public rights in the context of It is a national consensus. https://pr.jri.ac.ir/article_729996.html Socio-economic relations between individuals in society can create debt and, in some cases, lead to legal action and conviction of the debtor who refuses to pay the debt. The theory of the "social geometry of rights" considers it necessary to pay attention to the social structure of the case for prisoners convicted of financial crimes. In fact, the judicial process of a financial case from beginning to end depends on the social relations between the actors in the case, and paying attention to these relations is one of the main necessities of the case trial and the acceptability of the final verdict and finally the rationalization of the execution process. Therefore, paying attention to the social geometry of the financial case, which includes concessional rights for financial criminals, is currently not much considered in the formal judicial process and can be considered as one of the examples of public rights in the trial process. This study focused on analyzing the social engineering and structure of the case files of financial convicts with a sociological approach and in light of the revival of public rights and was conducted qualitatively using the content analysis method with the participation of 13 financial convicts and with purposeful sampling in Fardis Kachouei Prison, Karaj in 1404. The results of the fieldwork of the lifeworld of financial convicts showed that the social practices of each financial convict in relation to the economic status of the society, social and cultural conditions and the moral status in Iranian society and specifically between the litigants (convicted and the defendant) have been formed in social engineering based on the social interest of the litigants, and this is considered one of the challenges of the general interest of society and psychological security and public rights in general. Policy recommendations from a sociological perspective, in order to restore public rights and regulate the psychological security environment of society, require that the policymaking arena of the judicial power in the area of judges' activism and the proportion of judicial decisions in the cases of financially convicted prisoners be regulated by taking into account the social structure of the case and its social engineering, so that a transition to a problem-solving approach among them can be achieved in order to achieve public peace and social benefit. https://pr.jri.ac.ir/article_732649.html Computational modeling of logical inference in legal sciences refers to the application of computational methods and algorithms for the analysis, interpretation, and extraction of logical conclusions from legal data and texts. This approach is grounded in the principles of formal logic and rules of inference, employing the computer as a powerful instrument for executing analytical and reasoning processes. In legal systems, the complexity and volume of legal data including statutes, regulations, and judicial precedents underscore the necessity of utilizing such models.The use of computational models in legal reasoning enables the systematic processing and logical evaluation of legal norms, facilitating the extraction of legal relations and key concepts from legal texts. Judges, lawyers, and legal scholars can benefit from these tools to assess the applicability of laws to specific cases, identify relevant precedents, and predict potential outcomes based on available evidence.Automating the process of legal reasoning not only accelerates legal research and judicial analysis but also enhances the coherence of legal arguments and reduces the likelihood of human error. Moreover, computational models are capable of detecting potential contradictions and inconsistencies within legal texts, thereby contributing to the development and refinement of more coherent and efficient legal frameworks.Thus, computational modeling of legal inference can be regarded as an innovative instrument in the service of justice—one that, by leveraging artificial intelligence technologies, significantly strengthens the capacity of legal systems to analyze and interpret laws with greater precision and transparency.Keywords: inference and legal inference, artificial intelligence, inference of laws, interpretation of law, text mining. https://pr.jri.ac.ir/article_730187.html In contemporary public law discourse, the efficiency of the state in safeguarding the right to security is no longer assessed merely by its capacity for criminal reaction, but increasingly by its ability to manage risks proactively and to ensure the ex ante protection of public security as one of the most fundamental rights of citizens. This study aims to analyze crime prevention as a core function of the state within the framework of public rights. While public security is a prominent manifestation of public rights, crime prevention has been predominantly examined from a criminological perspective, with its legal and institutional dimensions largely overlooked. To address this gap, the present research employs an analytical–comparative method to examine the experiences of Japan, Finland, and the United Arab Emirates as representatives of community-based, social, and situational models of crime prevention. The analysis reveals that Japan has achieved this objective through legislation promoting local participatory governance; Finland, by integrating social prevention into the legal framework of the welfare state; and the UAE, by utilizing technologically driven situational prevention and establishing clear distribution of responsibilities. The common denominator of these successful models lies in the existence of coherent legal frameworks and efficient institutional structures that facilitate coordination and balance between state authority and citizens’ rights. Ultimately, the study argues that crime prevention is not merely a policing or administrative measure, but a legal instrument for realizing the right to security as a component of public rights. The fulfillment of this right depends less on the philosophical orientation of preventive approaches than on precise institutional design, transparent legislation, and the rational distribution of governmental responsibilities. https://pr.jri.ac.ir/article_732650.html The field of law, despite its longevity and entrenched traditional principles, stands on the threshold of profound technological transformation, notably with the advent of machine learning. This article, premised on an intrinsic affinity between legal reasoning (the derivation of rules from precedents) and the algorithmic logic of machine learning, investigates the potential of these technologies to predict judicial disputes. The primary objective is to elucidate how machine-learning algorithms—specifically the decision-tree algorithm—can be employed to assess litigation risk and assist attorneys in making more informed decisions prior to initiating litigation. The findings indicate that the deployment of such predictive tools in legal practice directly increases the predictability of judicial decisions (as a prerequisite for an efficient judiciary and legal certainty) and reduces uncertainty about case outcomes. Consequently, by enabling the early resolution of legal disputes and more accurate legal counselling, these tools substantially reduce the inflow of cases to the judiciary and materially contribute to the practical dejudicialization of disputes. Emphasizing the necessity of public access to case records and judicial opinions as an essential data substrate, this article presents the decision-tree model as an operational instrument for statistical–predictive analysis in the legal domain.Keywords: Public law, machine learning, judicial dispute prediction, predictability of judgments, decision tree, de-judicialization. https://pr.jri.ac.ir/article_736092.html Conflict of interest is one of the most important structural threats to public rights and the health of governance in the public sector. When the personal or group interests of government agents conflict with public interests, decisions and policies are directed to the benefit of specific groups instead of ensuring collective rights, which weakens distributive justice, inequities in access to public services, and reduces public trust. The main question of the present study is: "What are the effects of conflict of interest management on the preservation and restoration of public rights?" This article, with a descriptive-analytical approach and based on a review of laws, regulations, and previous research, identifies the concept, dimensions, and types of conflict of interest in the public sector and its effects on public rights. The research findings show that effective management of conflict of interest through transparency, financial supervision of officials' property and assets, restrictions on simultaneous employment, and the development of institutional mechanisms can pave the way for reducing corruption, promoting distributive justice, and increasing public trust. Also, a review of the Iranian legal system and international documents such as the UN Convention and the OECD Guidelines shows that the lack of an integrated system and an efficient supervisory mechanism makes conflict of interest management inadequate and poses a serious threat to public rights. Finally, the present study emphasizes the need to develop a legal framework, supervisory organizational structures, and an organizational culture sensitive to conflict of interest. https://pr.jri.ac.ir/article_729669.html Today, in modern and developed societies, the concept of public rights, its preservation and development in various legal, economic, social, political and cultural dimensions is of increasing importance, so much so that it has been explicitly mentioned in the constitutions of countries, including the Islamic Republic of Iran. According to Article 156, Paragraph 2 of the Constitution, the judiciary, as an independent branch, is obliged to restore public rights and expand justice and legitimate freedoms. The role of prosecutors in ensuring public rights and implementing law and justice is very important, and they have serious powers and duties in order to achieve public rights. This theoretical article, using a descriptive-analytical method and in a library format, aims to examine the role of the prosecution institution and the prosecutor in criminally dealing with cases of violations of public rights, examine its possible examples, and state the legal doctrine in this regard. According to the assumptions of this article, it seems that the public rights mentioned in the Constitution include both individual rights and public rights of the people, which must be protected and safeguarded, and in the event of their violation or non-implementation, their restoration can also be carried out by the prosecutor. According to the assumptions of this article, it seems that the public rights mentioned in the Constitution include both individual rights and public rights of the people, which must be protected and safeguarded, and in the event of their violation or non-implementation, their restoration can also be carried out by the prosecutor. https://pr.jri.ac.ir/article_729273.html Based on research conducted in judicial cases and the legislator's emphasis in accordance with Article 2 of the 1390 Amended Mines Law, which assigns the responsibility for preserving mineral reserves and issuing mining activity permits as stipulated in this law to the Ministry of Industry, Mines and Trade as a legal obligation, in recent years, the boundaries and beds of rivers have been destroyed due to the lack of supervision over sand and gravel extraction permits, contrary to the provisions of Article 13 of the aforementioned law.Objective observations indicate that the daily extraction of several thousand tons of raw sand and gravel from the riverbeds and riverbanks, which are also considered environmentally protected areas in addition to being owned by the government, is illegal, and the actions taken under the guise of environmental destruction are subject to criminal prosecution.The role of the relevant managers in the amount of damages incurred as a result of the omission is taken into account and, based on Article 598 of the Islamic Penal Code (Penalty Section), is subject to investigation, criminal prosecution, and a judgment is issued to convict the relevant manager or managers to compensate for the damages incurred. The effective role of Anfal in the economy is unforgettable.In civil law, Anfal refers to public property or assets, and some jurists consider mines to be part of Anfal and belong to the Islamic government. The prosecutor plays an important role in protecting Anfal, and in the face of unauthorized or excessive withdrawals, he is required to monitor the implementation of Article 2, Paragraph 3, of the Public Rights Monitoring and Pursuit Guidelines approved in 1397, and to declare a crime if a crime occurs.According to the law, the Department of Sedition is the authority for issuing temporary withdrawals and must take all supervisory and preventive measures to prevent the waste of the treasury. In this research, an attempt has been made to predict and present effective solutions by using a descriptive-analytical method, in addition to preventing a situation that is a form of criminology, by studying the laws and the role of the prosecutor in supervising the management and protection of river beds, mines, and the preservation of the Anfal. https://pr.jri.ac.ir/article_734121.html Article 156 of the Constitution explicitly entrusts the “revival of public rights” to the Judiciary; however, conceptual ambiguity and the lack of precise delineation of competent authorities have resulted in judicial inconsistency and inefficiency in safeguarding rights with indeterminate beneficiaries. Raising the question that “In the Iranian legal system, in which judicial, quasi-judicial, and administrative authorities, and with what modalities, are public rights actionable?”, this research critically assesses the jurisdictional competence of these institutions. Adopting a descriptive-analytical approach, this study comprehensively scrutinizes existing legal capacities and judicial practice. The findings indicate that due to their broad scope, public rights are actionable across all aforementioned authorities; however, the levels of competence vary. While quasi-judicial authorities play a limited role due to their adversarial nature and lack of ex officio initiative, the Court of Administrative Justice has evolved into the most effective administrative authority following recent legislative developments, the establishment of the “Deputy for Public Rights”, and the recognition of the standing of NGOs. Furthermore, criminal and civil courts act as complementary arms, despite challenges regarding legal invocation. Consequently, the Iranian procedural system, by accepting diverse jurisdictions, is transitioning from purely individual-centric litigation toward the acceptance of public interest litigation within a multi-layered context.