International Journal of Law And Criminology

The Most Important Hierarchical Means of Demanding Human Rights

Mushtaq Talib Mhana Awadh — 2025-05-30

Human rights are fundamental issues that form the foundation of justice and human dignity in modern societies. Since the issuance of the Universal Declaration of Human Rights in 1948, we have observed significant advancements in the mechanisms and methods that enable individuals and groups to assert their legitimate rights and ensure that these rights are respected by states and various entities. However, these mechanisms do not operate randomly; they are structured according to a logical and legal framework known as hierarchical means. This framework allows for a transition from domestic peaceful methods to international avenues when the former are compromised.

The Subject of The Crime of Illegally Acquiring or Transferring Currency Assets

Haydarov Jaloliddin Hamza ogli — 2025-05-22

This article analyzes the subject of the crime related to the illegal acquisition or transfer of currency assets. The differences between the subject and the object of the crime are highlighted. In crimes involving currency assets, the subject of the crime is discussed, and its types are illustrated with examples.

Arbitration in International Investment Contract Disputes

Asst. Lect. Hussein Fahem Hadi — 2025-05-20

This study addresses the topic of arbitration in international investment contract disputes, reviewing the legal frameworks that govern the arbitration process and its importance as a means of settling disputes between investors and states. Through arbitration, parties avoid resorting to traditional judiciary, which achieves speed in procedures and impartiality in adjudicating conflicting interests.

The study confirms that the presence of clear and specific controls for arbitration in international investment contracts contributes to creating a safe investment environment, as these controls preserve the rights of investors on the one hand, and take into account the sovereignty of states on the other hand, which supports legal stability and encourages the flow of international investments.

The Rule Of No Harm And No Harm According To His Eminence Sayyid Ali Alhusseini Alsistani: The Shadow Trap Between Shari'a And Law, A Comparative Study

Asst. Lect. Raed Ibrahim Anoun — 2025-05-30

This research presents an In-depth study of the jurisprudential principle "La Darar wa La Dirar" (No Harm and No Harassment) as one of the foundational rules in Islamic law. The focus is on the interpretation and applications of His Eminence Grand Ayatollah Sayyed Ali Al-Husseini Al-Sistani (may his shadow be prolonged). This principle plays a vital role In regulating interpersonal and societal relations by upholding justice and preventing harm.

The study begins by defining the rule linguistically and terminologically, then exploring its origin In the Prophetic hadith: "There is no harm and no harassment in Islam." The authenticity, legal authority, and jurisprudential implications of the hadith are discussed in detail. The research then investigates various scholarly opinions regarding the scope and limits of this rule, with a particular emphasis on Sayyed Al-Sistani's perspective, including the conditions and boundaries for its legal application.

Furthermore, the research explores how this Islamic legal maxim intersects with contemporary civil law principles, particularly in liability, damage prevention, public versus private harm, and the right to compensation. It compares the Shari'a-based legal system, which relies on scriptural interpretation and scholarly reasoning, and modern legal systems rooted in secular and codified principles.

The study concludes that the "No Harm" rule, as interpreted by Sayyed Al-Sistani, is not merely an ethical guideline but a dynamic legal tool that can effectively contribute to forming fair legal policies. It has the flexibility and depth to bridge Islamic jurisprudence and contemporary legal frameworks, enabling a harmonious integration of religious values and legal modernity.

Alternative Methods for Resolving Administrative Decisions Outside the Judicial Framework

Asst. Lect. Raed Ibrahim Anoun — 2025-05-30

This research addresses the topic of "Alternative Methods for the Finalization of Administrative Decisions Outside the Judicial Framework." The research problem stems from the lack of clarity regarding the legal mechanisms governing the finalization of administrative decisions and their impact on the stability of administrative transactions and individual rights. The importance of this research lies in its examination of an essential aspect of administrative law, namely "the finalization of administrative decisions," from two perspectives: administrative and non-administrative. It aims to clarify the legal mechanisms governing the finalization of administrative decisions in a manner that reinforces the principle of legitimacy and protects individual rights from administrative abuse. It also aims to identify their consequences and provide recommendations for improving legal and administrative mechanisms for the fair and effective finalization of administrative decisions. The researcher also relied on a descriptive and analytical approach to review alternative administrative methods to finalise administrative decisions outside the judiciary.

Issues of Developing the Adversarial Principle at The Pre-Trial Stage of Criminal Proceedings

Seytnazarov Kurbanbay Reimbaevich — 2025-05-21

This article explores the theoretical and practical dimensions of implementing the adversarial principle at the pre-trial stage of criminal proceedings. The relevance of the study stems from the growing need to ensure procedural equality and the right to legal defense not only at the trial level but also during the inquiry and preliminary investigation phases. The research aims to analyze existing legal norms, identify procedural gaps, and assess opportunities for enhancing the rights of the defense. Utilizing comparative legal analysis, synthesis, deduction, and observation, the study examines both national legislation and international best practices. The findings demonstrate that the adversarial principle is insufficiently applied before trial due to the lack of procedural status for participants, limited defense counsel involvement, and imbalanced functions between investigative and prosecutorial authorities. The study suggests introducing institutional reforms, including judicial oversight mechanisms and expanded powers for defense attorneys, to ensure genuine adversarial proceedings throughout all stages of the criminal process. These findings can be applied in legal reform initiatives, judicial training programs, and policy-making aimed at aligning Uzbekistan’s criminal justice system with constitutional and international human rights standards. The research concludes that ensuring the adversarial principle at the pre-trial stage is essential for upholding fairness, transparency, and the rule of law.

The Role of Emotional and Instrumental Support in Reducing Recidivism Among Ex-Prisoners

Dr. Nadine Fischer — 2025-05-01

This study explores the pivotal role of social support networks in shaping the post-prison lives of individuals, focusing on how different types of support—emotional, instrumental, and informational—affect their reintegration into society. Using a mixed-methods approach, the research includes surveys, interviews, and observational data from 150 recently released prisoners across two rehabilitation programs. The findings reveal that strong social support networks significantly reduce recidivism, enhance mental health, and improve family relationships and employment prospects. Emotional support, particularly from family and close friends, was found to be the most influential, while instrumental support (such as housing and job assistance) is crucial but less consistently available. Conversely, individuals with limited support or negative relationships faced greater difficulties reintegrating, often resulting in recidivism. The study highlights the need for comprehensive reintegration programs that not only provide practical resources but also foster healthy social connections. The research provides recommendations for policymakers and rehabilitation programs to strengthen social support structures for former prisoners, thereby improving their post-prison outcomes and reducing the likelihood of reoffending.