نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The restitution of assets derived from financial crimes and corruption has been recognized in the United Nations Convention against Corruption as one of the fundamental principles in the fight against corruption. Differences in legal systems, weak institutional coordination, and limitations arising from state sovereignty, etc., have created serious obstacles in the processes of identifying, tracing, freezing, and returning such assets. In addition, legislative gaps, protracted judicial proceedings, and the absence of effective mechanisms for cooperation between countries have significantly restricted the effectiveness of the international obligations set out in the Convention. This study has been conducted using a library-based and descriptive‑analytical method. It seeks to answer the following questions: What are the main causes of the ineffectiveness of cooperation among states in the recovery of assets derived from financial crimes and corruption, and do effective legal provisions exist in the Iranian legal system regarding cooperation with other states in the field of asset recovery? The findings indicate that, despite the recognition of asset restitution as an international norm, numerous obstacles within national legal systems play a decisive role in the ineffectiveness of this process. In Iran’s domestic law, only limited references have been made to crime and corruption prevention and the necessity of asset recovery. Nevertheless, with respect to cooperation with other states, there is no comprehensive and coherent set of regulations covering all aspects of the issue. Accordingly, in most international instruments and conventions, the methods of implementation and modalities of cooperation are referred back to domestic legal systems.
کلیدواژهها English