Document Type : Article
Authors
1 PHD in Public law from Islamic Azad University of Najaf Abad, Iran
2 Assistant prof., Department of Public law, Semnan university, Semnan, Iran
3 Assistant prof., Department of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services,Tehran, Iran
Abstract
Article (62) of the Constitution of the Islamic Republic of Iran has referred the determination of the conditions of the elected members of the Islamic Council to the "Law". In this regard, in the election law of the Islamic Council, one of the conditions for candidates to represent the parliament is "practical commitment to the holy system of the Islamic Republic of Iran".Also, in the mentioned law, "having a card or certificate of the end of duty service or legal permanent exemption" is considered mandatory for male volunteers. This article, in a descriptive-analytical format, seeks to answer the question that the status of the qualification of those who, within the legal deadline, have been absent or escaped from the public duty system and later found the possibility of purchasing the necessary period, in terms of practical commitment How is the holy system of the Islamic Republic of Iran? The findings of this research proved that although the legislator considered it sufficient for male volunteers to have a permanent legal exemption card or certificate instead of a certificate of military service, but with the fulfillment of conditions such as being aware, intentional and without excuses for not performing military service. Public duty in the legal term, a volunteer without the condition of practical commitment to the holy system of the Islamic Republic of Iran is considered. Therefore, the executive boards of the Ministry of Interior and the supervision of the Guardian Council should prevent such people from entering the parliamentary elections.
Keywords
- Practical commitment to the system
- service of the public duty system
- permanent legal immunity
- elections of the Islamic Council
- eligibility of candidates for the representation of the Council
Main Subjects
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