Scientific research
bagher shamloo; Somaye Parhizkary
Abstract
As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions ...
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As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions of some types of these businesses have caused them to become a cover and platform for committing crimes, especially money laundering. This, along with the governments' lack of correct and comprehensive understanding of the risk of committing crimes in these jobs, has turned them into an important challenge that requires attention at the legislative and structural levels. In this regard and considering the importance of taking effective measures to reduce the risks of this category of businesses, the Financial Action Task Force, as a transnational group, while identifying the types of Non-Financial Businesses and Professions, extended the anti-money laundering requirements to this category and asked governments to include preventive and countermeasures of the anti-money laundering system in their country. Undoubtedly, success in this matter requires the removal of legislative obstacles and also the improvement of governments at the structural level in order to implement the requirements. Thus, in this article, with a descriptive and analytical method and relying on reliable sources, the risks of money laundering in non-financial businesses will be examined and the challenges and solutions to solve them will be analyzed in the light of the recommendations of the Financial Action Task Force. The results of the research show that the ineffectiveness of the laws in the field of Non-Financial Businesses and Professions and the non-compliance of its trustees with the risk-based approach have brought challenges in the implementation of anti-money laundering requirements. Therefore, it is necessary to regulate Non-Financial Businesses and Professions and apply a risk-based approach in the implementation of regulations, through training to the custodians of this field. Also, creating an infrastructure based on new technologies, in a way that provides the basis for the effective implementation of requirements, appropriate to the nature of Non-Financial Businesses and Professions, will be effective in reducing the risk of money laundering.
Scientific research
Roya Ghafari; Mohammad Abedi; Abdollah Khodabakhshi Shalamzari; Sayyed mohammad mahdi Ghabooli dorafshan
Abstract
In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account ...
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In compensating for damages, paying attention to the guaranteed rights victim and in examining the pillars of civil responsibility analysis of the harmful act of the cause of the damage is the focal point. The economic analysis of law, with social engineering, to achieve social goals takes into account all actors and activists. This instrumental approach promotes the triple goals of prevention, distribution of damage and compensation. The condition of compensable loss such as predictability and directness and certainty and non-compensation of loss in legal analysis is based on fairness, ethics and justice. Every loss cannot be considered claimable, civil liability must have a logical and fair limit and an unlimited liability cannot be tolerated. In economic analysis, the reduction of the final cost determines the characteristic of compensable loss and compensability of any loss is not reasonable and efficient. The economy is a guide in determining the fault of the harmful act by providing an objective criterion and makes the relationship of causality, contrary to the conventional concept, efficient, and. This relationship exists between the loss and the factor that avoids with less cost
Scientific research
Razieh Saberi; Ali Saffari; abbas rezaei
Abstract
Success in the reintegration of prisoners into society is dependent on various factors, and recent research in this field has explored different aspects. One overlooked dimension, until now, by criminologists is financial literacy and its relationship with crime recidivism rates and return to prison. ...
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Success in the reintegration of prisoners into society is dependent on various factors, and recent research in this field has explored different aspects. One overlooked dimension, until now, by criminologists is financial literacy and its relationship with crime recidivism rates and return to prison. The primary hypothesis of this research is that financial literacy, as a crucial economic concept, is inversely related to the rate of crime recidivism. Individuals with better financial literacy are capable of managing wealth effectively and improving their economic status, potentially reducing the likelihood of committing crimes, especially those related to economic needs. Analysis of variance and Pearson correlation coefficient were employed to examine the main and sub-hypotheses. The research utilized the Shapiro-Wilk test on a community sample, and all stages were executed using SPSS24 software. The findings indicate a positive and significant relationship between examined variables, including education level, age, marital status, and financial literacy. Furthermore, the results demonstrate an inverse relationship between financial literacy and the rate of crime recidivism and return to prison. The study also reveals that criminals involved in fraud have higher levels of financial literacy compared to thieves. It appears that providing financial and economic literacy education alongside vocational skills training constitutes a significant portion of effective rehabilitation programs. This education equips prisoners with the necessary skills for managing limited financial resources and prevents them from falling into immediate hardships upon release.
Scientific research
Mostafa Bakhtiarvand; sayyed mohammad hadi Ghabooli Dorafshan
Abstract
Unsolicited commercial messages (spam) are sent electronically and in bulk, without the consent of the recipient, through tools such as e-mail or SMS. Apart from the advantages for advertisers, spam can violate the privacy of internet and mobile phone users and cause economic losses and widespread dissatisfaction ...
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Unsolicited commercial messages (spam) are sent electronically and in bulk, without the consent of the recipient, through tools such as e-mail or SMS. Apart from the advantages for advertisers, spam can violate the privacy of internet and mobile phone users and cause economic losses and widespread dissatisfaction of consumers and even merchants. This, along with the possibility of disrupting the functioning of systems such as e-mail and SMS, may lead to mistrust of e-commerce and digital economy.The results of this descriptive-analytical article show that some countries allow the sending of spam even without the consent of the recipient, and their subsequent opposition is considered an obstacle to sending, which is called the opt-out method. Other countries require the prior consent of the recipient that it is known as the opt-in method. The two mentioned methods are applied through three legislative approaches namely with tolerance, intermediate and hard, which are divided and named according to the way of dealing with spam senders and remedies and sanctions. The position of Iranian law regarding the prohibition or permission of sending spam is not very clear. In this article, passing a law or some explicit and transparent legal articles regarding spam, by adopting an opt-in method and predicting efficient remedies and sanctions in Iran, is proposed.
Scientific research
Saeed Kian Poor; Amir Ali Farhang; Mohsen Hajian
Abstract
Iran is a country that has experienced an increase in the inflation rate and the Gini coefficient in recent years, leading to the subsequent economic and social repercussions. Theft crime is considered one of the types of social crimes and is seen as a major factor in reducing social welfare. In recent ...
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Iran is a country that has experienced an increase in the inflation rate and the Gini coefficient in recent years, leading to the subsequent economic and social repercussions. Theft crime is considered one of the types of social crimes and is seen as a major factor in reducing social welfare. In recent years, theft has increased in Iran, resulting in social crises. This research aims to investigate and analyze the important economic factors contributing to the increase in theft crime in Iran (inflation rate and Gini coefficient) during the years 2012-2023, using the novel Copula approach. The Nash equilibrium with an approximate value of 0.9307 indicates the proportionality between Copula-Marshal-Olkin and the data, while the Nash equilibrium of the Gini coefficient and theft crime with an approximate value of 0.9032 signifies the adherence of Copula-Fisher-Hinzman to the data. The results and findings of the research confirm the influential role of inflation and economic inequality in the increase of theft crime. Therefore, policymakers must pay attention to and implement measures to combat the rise in inflation and economic inequality; because with the reduction of inflation and economic inequality, it will be possible to reduce the crime of theft.
Scientific research
mojtaba mohammadi; Mohammad Jafar Ghanbari Jahromi
Abstract
AbstractThe International Monetary Fund was established on 1944 for the purpose of surveillance on monetary policy of members. By 1970 and beginning of trade liberalization, financial crises happened in some countries. The Basel Committee on Banking Supervision was established for the purpose of preventing ...
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AbstractThe International Monetary Fund was established on 1944 for the purpose of surveillance on monetary policy of members. By 1970 and beginning of trade liberalization, financial crises happened in some countries. The Basel Committee on Banking Supervision was established for the purpose of preventing financial crises. The global financial crisis in 2007, caused to distrust to IMF and BCBS and as a result the Financial Stability Board established in 2008. The establishment of these international standard setting bodies made confusion for countries in which standards to obey. The main question in this article is that how should these international standard setting bodies cooperate? Based on an analytic-descriptive approach the data are gathered from library sources. In doing so the unilateral efforts of international standard setting bodies for cooperation is studies first and then the bilateral efforts are studied. According to this article, international standard setting bodies in unilateral and bilateral effort to cooperate together for the purpose of regulating banking standards based on Macro-Prudential Policy.Key Words: Basel Committee on Banking Supervision, International Monetary Fund, Financial Stability Board, international banking standards, banking regulation and supervision.
Scientific research
fatemeh Teimoora; Kazem Yavari; reza najarzade
Abstract
In today's era, with the advent of blockchain technology and its inherent features, it is possible to finance in new ways, such as the initial coin offering for businesses, especially SMEs, to attract significant capital from all over the world has been realized. Although the legal dimensions of the ...
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In today's era, with the advent of blockchain technology and its inherent features, it is possible to finance in new ways, such as the initial coin offering for businesses, especially SMEs, to attract significant capital from all over the world has been realized. Although the legal dimensions of the recent phenomenon are not clear to the activists of this field or the governing institutions due to its emerging nature, but because of its high attractiveness, this market has always been able to increase the number of its enthusiasts in both investment and supply procedures. The recent research aims to explain the dimensions of the initial coin offering method as a new financing method in the blockchain platform, the necessity of its existence in accordance with the characteristics of SMEs as the engines of the country's growth, and to Analyze its dimensions in the current laws of the country. The findings of the recent research show that the financing of SMEs through the method of initial coin offering or the investment of those interested in this field does not contradict the explicit text of the existing upper laws, therefore in legal system of Iran's current law is capable of implementation, and in order to legitimize it, it needs to be recognized by legislative and regulatory institutions. The recognition of SMEs issuable tokens backed by the company's assets and final product by the CentralBank and the Securities and Exchange Organization makes it possible for domestic businesses to benefit from this innovative method.
Scientific research
mehdi haghighatjoo
Abstract
The pursuit of subsidiaries in a manner that is obtained through direct orders from the parent company necessitates the pursuit of the parent company. Direct access to the parent company and its pursuit should be considered an essential necessity. Nevertheless, it is appropriate to overlook the identity ...
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The pursuit of subsidiaries in a manner that is obtained through direct orders from the parent company necessitates the pursuit of the parent company. Direct access to the parent company and its pursuit should be considered an essential necessity. Nevertheless, it is appropriate to overlook the identity of the subsidiary cmpany with an economic approach.Access to the parent company should not lead to a decline in market capacity. Pursuing the parent company as a result of overlooking the independent identities of the subsidiary companies will reduce the existing capacities in that market. Therefore, access to the parent company must be carried out in such a way that, while accepting the identity of the subsidiary companies, no harm is done to the productivity indices of the market.An economic approach requires that bypassing the subsidiary companies and accessing the parent company should not be called an exception to the Principle of Contractual Relativity. Emphasis on Utility Indices requires that, in pursuing the parent company, the basis for accessing it is summarized by the intrinsic will of the subsidiary companies.
Scientific research
Hamid Reza MIRZAJANI; Mohamad Jalali
Abstract
سختگیری کیفری در جرایم مواد مخدر و عقبنشینی نسبی قانونگذار ایران در قبال مجازاتهای سنگین همچون اعدام در سال 1396، اقتضای آن را دارد تا مسئله کارایی ضمانتاجراهای ...
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سختگیری کیفری در جرایم مواد مخدر و عقبنشینی نسبی قانونگذار ایران در قبال مجازاتهای سنگین همچون اعدام در سال 1396، اقتضای آن را دارد تا مسئله کارایی ضمانتاجراهای کیفری از دریچه محکومان به جرایم این حوزه نیز بررسی شود. بدینترتیب، پژوهش حاضر به دنبال تحلیل اقتصادی ضمانتاجراهای کیفری در جرایم مواد مخدر است. جامعه آماری این پژوهش، محکومان به جرایم مواد مخدر در سطح شهر مشهد هستند که حداقل یک سابقه محکومیت قطعی دارند. با توجه به سختی دسترسی به جامعه محکومان، با استفاده از روش نمونه گیری جامعه دردسترس، 160 نفر به عنوان حجم نمونه نهایی انتخاب شدند. ابزار جمع آوری اطلاعات در این مطالعه، پرسش نامه محقق ساخته بود که روایی محتوایی و صوری و پایایی آن تأیید شد. بر اساس یافتهها، بزهکاران در تحلیلهای اقتصادی در باب هزینههای جرم بیش از همه به پیامدهای حبس بلندمدت، مصادره اموال، اعدام و در نهایت، حبس کوتاه مدت توجه میکنند. همچنین تحلیلهای آماری نشان داد که با افزایش سن، میزان تحصیلات و سابقه ارتکاب، توجه به تحلیلهای اقتصادی از مجازاتها به صورت دقیقتر انجام میشود.
Scientific research
zohreh gholam alizadeh; esmaeel abdollahi
Abstract
The cost of the crime shows the relative importance of the problem of its occurrence. If the costs of a crime are high (low), the occurrence of that crime will be a big (small) problem. The use of economic theory in the field of law is not a new and controversial phenomenon, but what is new and controversial ...
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The cost of the crime shows the relative importance of the problem of its occurrence. If the costs of a crime are high (low), the occurrence of that crime will be a big (small) problem. The use of economic theory in the field of law is not a new and controversial phenomenon, but what is new and controversial is the generalization of economic analysis to a wide range of institutions of the legal system with a non-economic essence. This research is descriptive in nature and describes and defines topics such as criminal policy and solutions to reduce the cost of crime. The results of the research showed that by establishing well-considered and tested laws and regulations, it can make it difficult to abuse the criminal process and prevent the loss of economic benefits and subsequently reduce the costs of crime; And in an efficient and effective criminal policy, management tools to minimize the costs of crime can be aimed at the structure of the investigation authorities and employment of labor, without wages or with minimum wages, which can be in the form of applying the experiences and ideas of economists and criminologists, with a scientific approach to obtain the tools of judicial exclusion or act in the form of using crime prevention methods; The criminal policy of England compared to Iran, with the use of institutions and in various ways in order to prevent the commission or repetition of crimes in order to prevent the density of criminal cases and the density of the criminal population by using the provision of minimum costs of criminal justice, has been able to achieve fruitful and acceptable results. find and reduce the aforementioned costs, which causes the growth and excellence of the criminal justice system.
Scientific research
Ehsan Salimi ghleie; Artin Jahanshahi; Hasan Mirzaei
Abstract
One of the ways to control and prevent crime is cyber filtering or content filtering. Filtering has been widely used in Iran. Applying filtering to prevent crime, along with the benefits it may bring, has its expenses and costs. In order To limit resources and avoid unwanted costs caused by filtering, ...
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One of the ways to control and prevent crime is cyber filtering or content filtering. Filtering has been widely used in Iran. Applying filtering to prevent crime, along with the benefits it may bring, has its expenses and costs. In order To limit resources and avoid unwanted costs caused by filtering, it is necessary to measure and evaluate the costs and benefits caused by filtering. In this regard, the present article aims to discuss filtering with the descriptive-analytical method and with the approach of economic analysis of law to "determine efficiency". In this way, the two main components of productivity, i.e. "efficiency" and "effectiveness" are the filtering evaluation indicators in this study. The findings of this research show that first; Content filtering, with all the high costs that imposed on the society for its implementation and as a result of its implementation, has had few benefits, so it does not have the necessary efficiency. Secondly; filtering lacks the expected and desired effectiveness for many technical and social reasons. The conclusion and theory of this article is that it is necessary to revise the current content filtering policies and use other methods of crime prevention in cyberspace.
Scientific research
Shahram Sabri
Abstract
AbstractPurpose: The saturation of court cases in public and specialized courts is considered to be one of the challenges present in the country’s judicial system, which leads to the failure to conduct a fair proceedings. This study has been examined the role of the Executive Committees of the ...
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AbstractPurpose: The saturation of court cases in public and specialized courts is considered to be one of the challenges present in the country’s judicial system, which leads to the failure to conduct a fair proceedings. This study has been examined the role of the Executive Committees of the Stock Exchange and Securities Brokers Association in the declaration of satisfaction and reconciliation in the compilation Committee and reduction of cases referred to the Arbitration Board.Methodology: Data for this study was collected from the monthly Bolton archive of Stock Exchange and Securities Brokers Association from 2016/01/1 to 2023/06/30. All factors and alternatives of increasing or decreasing legal cases has been ranked applying experts' opinions compilation by the weighted geometric mean and quality function deployment (QFD) and the appeals committee and the professional certification committee of the capital market were removed from the research model with a low degree of importance. Factors and alternatives of great importance include the total number of cases of declaration of consent and reconciliation as output variables and Committees of Conciliation, Governance of Capital Market Education, Legal, Capital Market Law, Job Description, Member Affairs Unit and Groupsworking of Internal Monitoring and Control and Information Technology Governance as input variables of network and then mathematical model of research has been tested by the hybirid method of the neural network and the imperialist competition algorithm.Results: The training process of network has been stopped after Convergence by estimated test error of 12/4e-03 and model accuracy of 98.76 percent. Each of the interactions between the members of the Association has been resulted in preventing or resolving disciplinary violations between brokers and investors and reducing the number of cases referred to the arbitration board.
