The need to interact with the elements of the judicial system and its impact on the maintenance and development of justice and security

Shirpur V. (2025). The need to interact with the elements of the judicial system and its impact on the maintenance and development of justice and security. Science, Education and Innovations in the Context ofModern Problems, 8(7), 98109; doi:10.56352/sei/8.7.12.

© 2025 The Author(s). Published by Science, Education and Innovations in the context of modern problems (SEI) by IMCRA - International Meetings and Journals Research Association (Azerbaijan). This is an open access article under the CC BY license .

The philosophy of creating and revitalizing a plan for cooperation and reflection between judges and lawyers should be studied in the current state of the country's judicial system and its philosophy of ensuring security and justice in society. Observance of public discipline, ensuring internal security, observance of laws, respect for freedom and human rights, inviolability of people from insults, administration of justice, observance of moral and prestigious rights of people of society and other rights specified in constitutional law and general laws are hardworking judges. ” power of the judicial organization of the country. These rights and their protection consist of the inalienable rights that a person has known about them for a long time, and fully following them in a conflict related to the use, use and use of protection by individuals, and a power of attorney is always a tool for achieving these goals and ensuring judicial security and fairness and fair trial, which ultimately leads to satisfying the feelings of the human justice seeker. Perhaps this slogan is "able to fly" avedlivosti with two parts of a lawyer and judgments ", it is the most fluent interpretation of the close connection trustee with the judgment in the justice and security in society. Thus, the presence of common and holy goals among judges and lawyers, along with the protection and revival of the rights of mankind and the establishment of justice and security in society, clearly indicates the need for the emergence and development of such cooperation and thinking more than before. In this document, the thoughts of lawyers and judges were proposed as fundamental, positive and effective for ensuring and developing justice and security in society, as well as for investigating and advancing in service, the lives of judges and careful and constant monitoring and evaluation of the actions of judges and the actions of lawyers. creating a culture of thought among lawyers and judges to achieve this important goal. Of course, justice in this letter means that part of the special meaning of justice that is intended for correct and correct execution, and the court gives confidence in the quality of the accepted ways and reliable for this important, and the goal is not a generally accepted value. This letter identifies safety and justice in the first subject, then explains the situation and importance of judges and lawyers, as well as rights and their duties, and examines existing problems, and in the second subject we will discuss and consider the need for reflection among lawyers and judges, effective and preventive elements on this important matter.

Discourse 1: The concept of justice and security

Justice is one of the important elements and so important in divine systems that God is known as one of the goals of the prophetic mission of divine prophets to establish justice (Sura Hadid, verse 25) and ordered justice and grace ( Sura Nahl, verse 9) and also suggests: “Look for justice that God loves those who seek justice” (Sura Khojarat, verse 9) and “When you make a decision, God listens and shrewd” (Sura Nesa, verse 9).

IMAM Khomeini suggests: “Justice consists of a middle limit among excesses, negligence, exaggeration and guilt, is a man’s achievement; the great philosopher Aristotle said: “Justice is not a part of achievements, but all achievements; and justice, which is the opposite of it, is not part of the fraud, but is all fraud ”(Mousavi Khomeini, thematic description of madness and intelligence, P150).

Allammeh Tabatabai defined justice in the following way: “Justice is to provide each right holder with the right to it and put it in a suitable position” (Tabatabai, Tafsir al-Mizan, p. 371). Rakeb Esfahani said: “Justice is an equal divide, and it has been said that heaven and earth have strengthened on the basis of justice. To understand this, if one element of the four elements of the world is larger than the other elements, the world will not be a place of wisdom and discipline ”(Rakeb Esfahani, Mojam Mofradat Alfaz from the Koran, article below justice).

Security consists of: “Confidence that, based on this, people in the society in which they live are not afraid to defend their bodies, prestige, material and spiritual rights” (Hashemi, Human Rights and Islamic Freedom, p. 2760) .

Thus, the achievement of this right involves two main securities:

• 1.    Ensure the safety of people against any unlawful crimes.

• 2.    Ensure the safety of citizens by the support that society provides to each of its members in order to protect the rights and freedoms of people.

In this order, security creates responsibilities for people and the government, which means that people must respect each other's material and spiritual rights, and the government is also obliged to: first, issue laws and create administrative and judicial organizations to ensure the safety of people; secondly, the government itself respects the rights and freedoms of citizens and does not object to this, rejecting the jurisdiction of the origin of the law (the same, p. 277).

Discourse 2: the position and importance of lawyers and judges

A lawyer and a judge are the titles of God, and this means that no one can be earned by these titles, and their owners are so respectful and valuable and have a serious duty. God says in the Quran: “Of course, your God judges among them, based on his sentence ...!” (Sura Naml, verse 8).

Proxy and judgment are reasonable, legitimate and permissible ideology, because its existence is to ensure justice, and the elements that ensure justice are an important and main theme of the judicial system. In other words, a power of attorney and a decision are key elements of a fair trial. Since philosophy is the last gift and wisdom in fair wisdom, as well as in the stabilization and adaptation of law without discrimination and indicates respect for human rights in society, there is no doubt that during a fair trial, the law is adapted; provided that the legal process includes fair conditions in its real meaning and when possible, that at the first stage the right to protection of rights is granted to both parties in accordance with the religious precepts of Islam and the laws, and at the second stage - the conditions and areas of their suitable protection. Rights are also granted and guaranteed fairly (Bakhshizade, “Adaptive comparison of proxies in Iran and Azerbaijan”, p.135). Today, the development and expansion of legal and trustee techniques and the lack of awareness of people of their rights, the need for protection by a court attorney in court trials, apparently, ensures the right of people, also helps the court to defend justice more than before, and the importance of the role of lawyers in the exercise of justice and security, so much so that today it is one of the most basic criteria for measuring justice in the Organization of jurisdiction with regard to the right to protection of various public STV and the presence of a lawyer and the independence of lawyers in the performance of their professional duties; because judicial justice is not achieved if the parties to the lawsuit and their lawyers do not express their words freely, without any fear, and the judge can also take the necessary decisions with complete independence (Asvar, “Commissioner for Criminal Cases”, p. 78).

Discourse 3: Rights and duties of lawyers and judges1-2 lawyer rights and duties

The lawyer has duties, accepting powers by proxy to the society, the judicial system of the country, the association of lawyers and other employees, and accepting the power of attorney of real and legal persons to the client, the party of the claim, the participants in the proceedings, the court, the government, the commission that is governed.

Since the lawyer expects to feel freedom and consolation in court, he himself cannot show his general and natural reactions based on behavior, but he should always be gentle and polite, and even if he is offended by the parties to the suit or other assistants in court. court, he must remain calm. Of course, this is the correct rule and respect for the judge and the court is necessary. A lawyer must properly file petitions and complaints and be present at the court hearing, avoid filing incomplete petitions and, as possible, avoid invoicing and, in any case, many actions that are acceptable and acceptable as a source. The emergence and formality of legal proceedings, which, unfortunately, is outdated, is the best way and means of enhancing the dignity and authority of judicial processes and judges and the entire judicial system.

A lawyer cannot take action in front of the public, since their implementation does not hinder other people's ideas. Of course, it’s natural that if a lawyer wants to follow the dignity of his profession and principles of behavior, he will not have a pleasant and attractive life, and if he will follow his usual life desires, he may lose his authority as a lawyer, and this will lead to his guild canceled too. Meanwhile, a lawyer must be very careful in his relations with friends, colleagues and other people and fully follow the origin of abstinence.

During the course of work, an attorney must follow legal requirements and use all expected principles in the laws to protect the interests of his clients. It is clear that no lawyer intervenes in the work of his client without his satisfaction and the assignment of his allowance, but, on the one hand, taking responsibility for the client’s work in a particular quarrel makes the lawyer realize that many of his client’s work readily or unwittingly find out that they may not be relevant to the subject of the claim. On the other hand, the presence of a file and a quarrel forces a lawyer to be aware of the problems of the quarrel, while he did not give this allowance to the lawyer and was not satisfied with it. This position puts the lawyer in a very delicate position. The smallest negligence in storing this information, which may be evidence of “secrecy” or not, is contrary to professional moral grounds; This means that the retelling of this data from the judiciary or in defense of another client is not allowed and is not acceptable at all. Firstly, this rule must also be respected in relation to customer related information. Therefore, a lawyer should avoid repeating what happens between him and his clients in court or in his office, even before members of his family.

Failure to comply with this rule may additionally be evidence of a disciplinary or criminal offense, it is possible to create strong nervous pressure on a lawyer, as well as change his reputation and reputation and damage his guild and profession. Advocates should extract and propagate obvious and hidden meanings of laws so that they protect and protect the individual and social rights of clients; even if sometimes it limits the rights of government and administration. The English judge said: “The lawyer for court decisions has two enemies: one - the side of the claim, which is the applicant, his lawyer violated his right in favor of his client, taking payment for the power of attorney, and the other - the client, who believes that the lawyer has payment for the power of attorney to take his right without reason, which is his right in any case, and this should be given to him. ” One employee wrote a poem about this, which is readable (Keshavarz, “Judicial proxy pathology,” p. 42):

When a person is in prison, the protector is God.

When the danger diminishes slightly, he says that his lawyer is saints.

When he is released from prison, he says that his lawyer is the same as himself.

When it is the turn to pay the trustee's fee, the attorney of the time is a monster or a dragon.

Although no work can be done anymore to reject or condemn this damage if lawyers always behave in relation to the client or party to the requirements within the framework of the laws and in accordance with professional moral rules and principles politely and fairly, without ignoring some of the legal client rights, it will be partially. This politeness and only this obligation of the lawyer, in some cases, can prevent damage caused by the discontent and malice of the parties to the claim. Although lawyers have their own political and social beliefs and points of view and are free to express their political and social ideas, they should not carry out party activities against the union of lawyers and carry out political deployment.

The lawyer must monitor the expediency of the client in his actions and actions and not overstep the fact that the client has clearly followed him, or in his powers, based on tips, conventions and habits. Lord Mac. Milan, from Scotland’s court attorneys, believes that: “Balancing the duties of lawyers who may contradict each other is not an easy job and is a masterpiece that can be presented from the standpoint of a strong man as a lawyer” (Faiz Mahdavi, “the judicial duty of a lawyer” p. 15)

Contrary to all these duties and tasks, lawyers should not be prosecuted or subjected to the threat of prosecution or official, economic punishment and ... because of the actions they perform in accordance with the well-known duties, standards and moral principles of their famous profession (Mazaheri Tehrani, "Consideration crimes of demonstration and interventions in the work of proxy ", p. 186). Lawyers should not be known for making profit, like their clients or clients, because of the performance of their duties, except Moreover, no court or official body that knows the formality of the right to use a defense lawyer should impede the knowledge of the presence of a lawyer and should not prevent a lawyer from participating in defending his client. Lawyers against statements that express good faith in writing or verbally for filing petitions, or during their presence in court and other judicial bodies or against administrative bodies should enjoy criminal and civil immunization. Righteous administrative bodies are required to ensure that information files and relevant documents in their possession or under control are available to lawyers for a sufficient period of time to provide clients with effective judicial cooperation, and such accessibility should be ensured at the first possible chance (Tayebi and Namian, “Proxy Challenges in Respecting the Rights of Citizens”, p. 201).

Of course, in this regard, the legislator knows how efficiently a lawyer works on the development and progress in social justice, as well as from the original elements of the administration of justice, which testifies to equal equality and respect for lawyers and judges, prohibiting the suspension of a lawyer and supporting a lawyer in criminal procedure in various laws, such as footnote 3 to the article approved in 1991 by the Association for the Recognition of the System’s Practicability, and Articles 20 and 17 of the Independence of the Bill’s Bar Association I'm on the judiciary.

• 1-2- Rights and duties of judges

Jurisdictional authority and real judgment in society are the greatest and most important authorities, and all religious and religious believers believe in particular importance, especially in the holy ceremony of Islam, which the deputy prophets gave to the judge. According to the Islamic religion, judges should be chosen from the most honorable, cleanest, most liberal people. Judging by the order of the holy ceremony of Islam, the judge should be an angel, like a man; because he must be justified from all atrocities and possess all the good qualities and characteristics of a person, because the judge participates in the lives of people, their property, motions, reputation and work, and basically is their protector, also by applicable laws.

In Imam Ali’s well-known sentence (peace be upon him) Sharikh-Kazi: “You are in a position in which prophets and substitutes or applicants are in” (Khorrameli, p. 1414) shows a sensitive judgment and makes it clear that fair and all qualified judges in the position of the prophet and substitutes. Imam Ali concludes the famous treaty: “Respect the judge so highly that none of your close friends want to penetrate him and protect him from these people, and he should know that his position is no higher than that of someone who wants to complain to him. Imam Ali asks Malik Ashtar to clarify the judge's state: “You, Malik! Choose the best person among the people to judge; people who: clashing with one another does not make him angry and grumbling, their many approaches do not put him in a difficult position, he does not insist on his mistakes, it is not difficult for him to turn to God when this is clear to him, he forgets about greed and does not know quite a petty search for understanding questions, he is more cautious than others in suspicion, persistent in searching and following because of cause and disagreement, gets tired a bit when often complaining has a lot of knowledge, patience and renunciation, is not affected by situations, tolerated affaires, more purposeful, than all the hostility, when the right to clear his admiration does not deceive "(Dashti, the translation of" Al-Nahzh "-Balakeh, p. 411).

By mentioning a condition, a judge can have a good and fair judgment, which knows the jurisdiction and follows it. The purpose of jurisdictional manners - notes that the judge follows them in behavior and speech, in society and at a meeting of judges, in addition to respecting his personality and dignity, finds a suitable field for fair judgment. From the set of recommendations, which the Prophet Mohammed advised Imam Ali and his applied method of life and recommendations that advised the judges and governors-general Malik Ashtar, follow the manners (Altabresi, Mostadrak Alvasileh, p.334 and Horr Ameli, previous, p1414):

_Next complete neutrality in judgment.

_ Equality between the parties of fights based on the views, speeches, meetings and notifications should be done.

Complete patience when both parties speak and do not interrupt their words.

_ Lack of fatigue, boredom and during judging

_ Lack of judgment during hunger, drowsiness, and anger

_Do not make your voice louder on the sides of the claim

_ Preservation of greatness and the absence of timeless and big laughter

_ Lack of interaction with possible parties to claims in public and market

The absence of a hostile banquet lonely

The duty of the judiciary, which cannot be achieved for a judge only by mentioning the conditions and manners, is the goals and duties of the judiciary in constitutional law doctrine 156 in order to achieve justice, its expansion and development, as well as support for God's borders and people's rights. The judge is obliged to argue and document the verdict of the quarrel and hostility in accordance with the doctrine of constitutional law in law 166, 167 and, if there is no sentence in the law, in civil and legal discussions based on actual Islamic sources or a valid dictum or convection and a certain habit.

Despite all these conditions, specificity and severity, the achievement and fulfillment of high objectives of the organization of jurisdiction by judicial authorities depends on the existence of rights and values for this part of the angel of justice. Thus, independence, judicial immunity, and good livelihood are fundamental rights of the judiciary. Health justice depends on the independence of the judge, and his independence depends on the presence of his factors of independence. The judge does not need the livelihood, dignity and general needs of others. Imam Ali often remarked that he is an independent judge, and asks Malik Ashtar for this: “Study your judge's judgments more seriously and be generous to him so that his need is eliminated and does not need people. Respect his position, based on his status and position, that none of your close friends greedily penetrate him and do not complain about his plot ”(Dashti, 2010: p411-412). Judicial independence was enshrined and predicted in Doctrine 164 of the Constitution and judicial immunity of judges in Article 42 of the draft law on the amendment of part of the principles of administration of justice and the hiring of judges approved in 1954 and in the course of deliberative theory 13/10 / 1998_7 / 377.

1-3-jurisdiction system damage and failure

The main and main problem of the system of jurisdiction and responsibility was the fact that there were many files in the country's judicial system for years. Regardless of the efforts and tricks of the government and the judiciary to address the judicial and social dilemmas by creating a judicial organization called settlement of disputes, as well as judges under duress for providing monthly statistics, did not experience any pain in this regard, but also cared for, thought and concept were replaced by speed and increase in production and statistics in the problems of the jurisdictional system, but were also created to create distance permission and permission of people connected to the jurisdiction system.

Today, the most serious problems in the jurisdiction system, which were caused by the accumulation of files in this system along with a number of other external factors, are the corruption presence in the jurisdiction system, slanderous space on administrative employees and gossip around the slanderous space that dominates administrative employees, arousing suspicion and pessimism in relations between lawyers and judges and the lack of reflection between these two components of justice, a look at the instrument and a growing generalization of people to lawyers, a lack of thought and understanding among administrative workers of the system of jurisdiction and lawyers and the friction between them, a growing number without a scholarship and a sufficient number of trusted representatives, lack of (judicial and administrative) human power and lack of sufficient caution in the use and supervision of careful and timely use of hidden and obvious work in judicial organizations.

If the conditions and characteristics of the judge, the necessary efforts and severity in the religion of Islam and the Shiite religion to use these organs of justice are noticed, we will find a very important remark: what the religion of Islam has noticed, this does not happen in the present era. noticed a lot! In the present era, which is a century of laws and rules, it is believed that the adoption of complex rules can make people work like a machine until they are rejected from the possibility of rejection; However, this idea is completely unfounded and wrong, and laws and rules do not make a person, but if the laws are stricter and more restrictive, the thought of skepticism will be created more among people. In addition to judicial work of judges, official and official orders of the department of courts, which are carried out by administrative officers, are so important and need precision in determining the status, attention and supervision of work, until the judicial authorities create and create a field of corruption. growth in judicial organizations.

Perhaps the attention to this speech by Dr. Katuzyan shows the depth of this damage: “Some time ago, one of my friends told me that in some offices of the courts, the time of legal proceedings ranges from 10 to 20 million rials, and this caused me a shock; I wish this were not so ”(Katuzian, Judicial Policy and Offices of an Official Document, p. 282).

Lawyers and judges have a common work area and must meet with each other. In general, permanent and direct relationships should create good and creative relationships between workers of two professions. But unfortunately, this is not the way it is practically; there is a situation similar to “peaceful coexistence” - as in the story of the cold war between the eastern and western blocs - instead of friendship, consent and thinking among the people of these two jobs at best.

One of the factors that puts a lawyer under pressure in all spheres and various aspects of his professional and private life is: “hallucination of wealth”, due to the fact that lawyers exist among a community of people, government figures and, in particular, in the minds of many judicial employees system. positions of subordinate and even judicial authorities. These authorities usually read the same lesson that the lawyer read: if there is such hallucination and prejudice in the minds of the judiciary and the administration of justice, then it seems that such a conclusion will be made in his imagination: "We both used the same education, now he should charge for the power of attorney much more than my monthly — and, possibly, annual — for the file that bears all his responsibility for the problems ... ”(Keshavarts, previous: p. 38).

Perhaps this topic is similar in all professions. In many cases, when I encounter an assertive and educated student in the class, at least in those days when I do not have enough control over the discussions, I don’t really like that student that day. This should often be the same in the judiciary, such as other professions. Informed, experienced and superior jurisdictional law judges welcome the presence of lawyers of the complaint parties with respect for dignity and honor and mutual respect, because the cases of objections and disputes in their case and the point of view of their client point to the presentation of reasons, documents and judges work becomes easy and limited to evaluate questions and choose a stronger and favorite aspect and reflect on the verdict. But a judge who is technically and scientifically weak, naturally, he feels insecure and sad, and because he hides his guilt and mistakes and fills the void and weakness, he not only will not have good thoughts with a lawyer or lawyers But also will not often demonstrate suitable behavior based on dignity and honor, with this other member of the angel of justice. It is clear that if we are confronted with the position that judicial bodies possessing knowledge, control and dominance in the work of jurisdiction, they do not like the presence of a lawyer in court or they do not behave with this effective group in achieving justice, the damage will be catastrophic and loss.

Perhaps the financial corruption of judicial operators and judicial corruption is another dilemma and the main damage to the judicial system and confronts lawyers with judges. If there is an agreement and a “deal” between one of the parties to the claim and the investigating authorities, the appeal of the other party to the advocate of the parties to the claim will have no effect and advantages for a legitimate exchange of opinions and verdicts on the division procedure and ideas of the legal office council and narrative poems and anecdotes. When a disaster intensifies, lawyers find similar judicial bodies similar to them; thus, the work of the jurisdiction turns into a “trader”, and the work of a trustee turns into a “brokerage”, and this damage will be for the judiciary and, ultimately, for the entire government and system.

Another serious damage to the jurisdiction system is the presence of the “anti-lawyers” of judges and the “anti-judges” of lawyers due to various issues such as moral, behavioral, nervous and even psychological problems in these two limbs of justice angel. If we, as scholars and nobles, also assert that the saving way of masculinity in justice and the attainment of justice by an angel is not achieved, except by thinking about these two limbs, then what is the reason for these approaches and the appearance of presence? What use and tracks will follow this view? If the judge and the lawyer are pessimistic and suspicious of each other and are far from each other, it is natural that the judge will not trust the lawyer and his speech and may not pay attention to his reasons and documents with the current pessimism. Also, the lawyer believes that perhaps this judge is a fan of bribes, and his opposite party gave bribes, and therefore his arguments and documents are not taken into account. If we take this topic along with the mistreatment and refusal of some administrative employees to cooperate with lawyers, then it is only natural that a lawyer too forgets about his position and can be encouraged to take inappropriate actions, such as promising or giving a bribe, and thus destructive process will be done.

The increase in the number of lawyers without a sufficient number of proxies makes corruption spontaneous. Another important form in which lawyers are involved and, finally, its disadvantage, also enters into the system of jurisdictions for a long time - this is the competition of the association of lawyers with the center of legal advisers for issuing a power of attorney that the comparison of these two centers created inappropriate space for increasing the number of lawyers and a reason for reducing the dignity and honor of lawyers. 1-item 2

Discourse 1- Communication of judges and lawyers

No one denies that society needs a lawyer and a judge to administer justice; because one makes judgment for the execution of justice, and the other protects for the execution of justice. Of course, their duties can also be against each other, and this does not mean that these two want to fight each other; but a common aspect of both court presences is the execution of justice, which both of them took an oath for it. Lawyers are reserved by the judges in the field of justice and the protection of outsiders. The dignity and honor of judges and lawyers are interconnected with each other. Since justice is the responsibility of both, the expectation and disregard of each other’s dignity and honor must be eliminated through judges and lawyers and replaced with consent, consent, and honest thinking. The work of a lawyer is not only to protect the accused or the plaintiff and the defendant, not being lawful or not; the lawyer is responsible for directing the client to the correct and normal legal path, helping to judge and do the obvious right and reality, and therefore is a companion and assistant of judges and bailiffs. Indeed, the future of the attorney and attorney’s achievements is related to the preservation of the honor and dignity of this profession, which manifests itself in various situations of human society (Saket, “The Pursuit of Justice as a Light for Writing Legal Thoughts,” p. 538539).

Discourse 2 - effective factors for the consistency of judges and lawyers

• 1-2- supervision of the conduct of judges and lawyers

Constant and thorough supervision of the activities and behavior of lawyers and judges is one of the effective and accelerated factors that ensure the communication of judges and lawyers and, consequently, ensuring greater justice and security in society. With regard to the axial role of judges in achieving fair judgment, this right should be clear to people that sovereignty exercises the necessary control over the behavior of judges; because governments are responsible for enforcing the law that correctly guarantees the desired criterion of judicial practice, so that the execution of justice is one of the standards for measuring the qualifications of political governments. When this importance is reached, people are selected first to maintain a jurisdictional position that have health, relevance, abilities and necessary knowledge, and then their manners and actions are under proper control and supervision (Tahmasby, “Disciplinary Supervision of Judicial Conduct”, p210).

The supervision of judicial practice and the enforcement of punishment for the offenses of a judge is one of the issues that have always been noticed by governments throughout history. In ancient Rome, the death penalty was for the negligence of the judge, the ancient Iranians did not know the legal violations of the judge and were so immoral in the supervisory work. In general, justice in ancient Iran occupied an important place; from the time of the Ahemen dynasty there were enough documents for the kings to observe the good process of judicial power and the honesty of the judges. Islamic governments also considered this important case. Imam Ali knows a person as the most miserable person of people, if he is not suitable for the position he holds, and if an ignorant person plays the role of a judge among people illegally, he assimilates this person like a fly in unhealthy webs (the same, p211-212).

The Imam Ali government procedure clarifies his specific notice and sensitivity with regard to the appointment of judges and the supervision of his functions. Imam Ali does not know enough to suggest Malik Ashtar to count the choice of judge and emphasize his independence and neutrality, but orders that the functions of judges should be respected and verified. It is known that Imam Ali appointed one of his partners by the name of “Abolasvad Dueli” to take over jurisdiction, and he was fired the same day, he wanted to know the reason for his dismissal; Imam Ali declares: “I heard that your voice was louder than the voice of the quarreling parties” (Heydarzadeh, “Disciplinary Chase of the Judges”, p. 18).

• 1-3- Professional moral compliance

Professional morality is a set of relevant behavioral methods and qualities that owners of various professions must observe, such as judges and lawyers, as well as a set of disgraceful qualities and activities that should be avoided on this day. Morality is one of the important subjects of the Koran; because this divine book presented one of the goals of the prophets as cleansing people. Man will not understand the position of God without attaining proper morality; because a person without morality is a dangerous animal that makes no distinction between oppression and justice and dismisses everything and causes global corruption (Keshmiri, “Moral in the Quran from the point of view of Imam Khomeini”, p. 293).

With regard to professional morality of power of attorney and judgment, the discussion goes further than their legal duties and customary obligations and the fulfillment of guarantees and unwritten that their observance is necessary and necessary for lawyers and judges based on professional morality. The most important moral principles are preserving and respecting the dignity and honor of proxies and judgments, trustfulness, honesty and integrity, reliability and safety, respect and humility, decisiveness and proper adaptation, possession of the desired and generally accepted scientific authority, respect for confidential information and secrecy. and keep secret, have piety, faithfulness of justice, and so on.

• 1-4- Independence of Judges and Lawyers and Ensuring Immunity

  Since the independence and immunity of the judiciary was foreseen in doctrine 167 of constitutional law and article 42 of the law on the amendment of the legal part of the law on principles of administration of justice and hiring of judges approved in 1954, lawyers must also have sufficient security and confidence in the performance of all his professional duties without any threat, fear, avoidance and improper intervention, as well as due to fulfilled duties, familiar standards and moral principles, they cannot be follow, threaten persecution or administrative and economic sanctions. While the safety of lawyers is threatened in the discharge of their duties, they must be adequately protected by public authorities. Lawyers should not be known as well as his client or clients to perform their duties. In the meantime, no court or administrative body that knows the right to use lawyer’s formalities should prevent the lawyer’s participation in defending his client, unless the lawyer mentioned is deemed unqualified by law, procedure or principles. Thus, lawyers should have criminal and civil immunity, as well as judges and members of parliament, of course, observing professional morality against statements that they conscientiously express in writing or orally for a petition or during their visit to court or other judicial bodies. or against administrative authorities.

• 1-5- Judges and lawyers of mutual trust and respect

Today, a lawyer who is one of the strongest links in the system of judges and jurisdiction is considered the most unreliable member in the system of jurisdiction. Although the authority to administer justice is one of the free and independent activities of the government, since interfering with people's claims and their efforts to achieve the basic goal of the jurisdiction system means justice, they need to be trusted and relied upon. Confidence, agreement and elevation of positive thinking and without their fusion can help judicial decisions to be executed quickly and easily, despite the consequences and the verdict. The court may be known as the workplace of a lawyer, therefore, in accordance with this, the lawyer must feel comfort and freedom in this place so that this freedom and comfort cannot be limited by anything other than the responsibility of the judge, the court and professional principles.

Fair and devout judges and lawyers must believe in the nobility and piety of others until proven otherwise. The work of power of attorney is to protect the accused and the client in parallel with the execution of the law and the achievement of justice. Thus, a lawyer who protects the accused, despite the crime committed and what mental and political interests and benefits he has, should not be considered convergent and proportionate with the client, based on his mind and beliefs, and the lawyer protects the perpetrators of various crimes, he should not anger the judicial authorities, and in some situations this order should not be the cause of their sadness; because the accused’s right to defense is the basis of a global statement on human rights and the international covenant on civil and political law, as evidenced by the doctrine of the 35th constitutional law and guaranteeing article 570 of Islamic criminal law and the article approved in 1991 by the association recognizing systemic policies are his fundamental rights, as well as a lawyer defends the “accused of committing a crime” on the basis of his duty and legal and canonical and moral purpose, and not the “criminal”. Thus, when the sentence of absolute conviction has not been passed, he is still “accused” and includes the doctrine of release, not “guilt”. The consent of judges and lawyers, based on trust and neutral respect, gives such an opportunity that they act in a creative and modern way and do not act passively to form these relations. This method forces them to be creative in their activities, therefore their actions ensure the right of the parties to claim without using influence and increase the chances for the administration of justice, as well as reduce tensions and anxiety in the judicial space.

• 1-6- Training lawyers and raising the level

Man in the world at the beginning of the 21st century, which is completely different from the past of the world. The continuity of the growing emphasis on change and evolution over the past decades in various social, political, technological, economic and even cultural fields has changed the conditions in general and set new tasks for judges, lawyers and legislators; conditions in which the awareness and promotion of knowledge and change of attitudes are essential and necessary to counter them.

To convince a person who has no specialization is so simple. We appeal to this note that “he does not know these things,” and succeed in highlighting our mistakes and mistakes. But if our opposite side has knowledge similar to us, and sometimes more than us, the question will be difficult and difficult; because he wants reason and analysis from us and will not accept power and unreasonable statements. If the occupation owner is skillful and dominant, he is not only not afraid to discuss with another specialist, but also welcomes these events; because on the one hand he has the 106 – , | Issue 7, Vol. 8, 2025

The need to interact with the elements of the judicial system and its impact on the maintenance and development of justice and security

Wali Shirpour ability to test his knowledge, and on the other hand, he can learn new things. This is also the case in the judiciary. Informed and skilled judges who dominate the trial always welcome the presence of lawyers on both sides, but a weak person from a scientific and technical point of view naturally feels insecure and sad (Keshavarts, previous, p. 39).

• 1-7- Raising the standard of living of judges

Lawyers and judges have a common work area and must meet. As a rule, permanent and direct relationships should create good and creative relationships between the workers of these two professions. But, unfortunately, such relationships are not created for various reasons, consisting of the "hallucination of wealth" and the earnings of lawyers.

These authorities usually read the same lesson that the lawyer read: if there is such a hallucination and prejudice in the judiciary, mind control and justice, then it seems that this conclusion will be made in his imagination: now he has to charge for power of attorney much more than my monthly and possibly annual fee. In addition, a negative mentality in the judiciary will have pests and deficiencies, such as jealousy, escape of a lawyer (to be a lawyer) or financial corruption for the judiciary. If the operator of the judicial occupation or the judicial authority is corrupt or financially rejected, the subject of protection and the trustee will be decided by that authority; because "we awaken a person who sleeps, but we cannot wake a person who shows himself asleep." If there is an agreement and a “deal” between one of the parties to the claim and the investigating authority, the other from the advocate’s appeal of the parties to the lawful exchange of opinions and verdicts of the judicial process and ideas of the legal service council, as well as poems, narratives and anecdotes will not have any effect and advantage (the same, p38).

Reliability of judicial work, depending on the independence of the judge and his independence, depending on the presence of independent factors, such as raising the standard of living of the judge, are effective factors for coordinating the judge with lawyers. Imam Ali drew attention to the fact that the judge is largely independent, and shared with Malik Ashtar as follows: “seriously study the judgment of your judge and show your generosity and mercy to save him from want and not need people. Respect his position largely on the basis of his status and position, as long as none of your close friends are greedy to penetrate him and not complain about his plot. ”

Imam Ali applied for Governor Ahvaz “Rofah”: “Avoid accepting gifts and presents” and applied elsewhere: “Every system needs a judge, and the judge needs livelihood and food, and this food should be provided by the state treasury, and not people ”(Altabrasi, previous: p353).

As is clear from Imam Ali’s speech, providing a judge with livelihood is based on the need and management of life until a judge needs bribes or gifts. It is possible that a whitelist check in some countries was drawn from Imam Ali’s life procedures in parallel with the resolution of this dilemma, which is detrimental to the coherence between the lawyer and the judge and, of course, is a court decision and therefore ensures fairness and security.

Conclusion and recommendations

Ensuring justice and security of citizens is undoubtedly ensured by the achievement of justice and security in society, and this order, which God made clear in the Qur'an, and, of course, was the prophets and imams, as well as the social problems of people with good thinking all over the world.

Securing and developing security and justice are the most important desires of every judicial organization, and judges and lawyers are also the basic elements of every country's judicial system. Because one is sentencing for the administration of justice, and the other is defending the administration of justice, and a common aspect of their both presence in court is the execution of justice that both of them took an oath for it. Undoubtedly, their quality, efficiency, consistency and adaptation are the most reliable password for this system, and both of them are the limbs of the angel of justice, which create a powerful and effective system. Therefore, constant and direct communication of workers with these two professions, as a rule, should be good and constructive relations, which, unfortunately, today, instead of being a powerful weapon of judges and a system of jurisdiction, are the most unreliable member in the system of jurisdiction. relationships are “peaceful coexisting” relationships in a better position. The presence of corruption in the bodies of the jurisdictional system, contaminated space among administrative staff and gossip around the polluted space, dominating administrative staff, arousing suspicion and pessimism in relations between lawyers and judges, a tool to make a conclusion about people's simple opinion of lawyers, the presence of friction among administrative employees jurisdictional systems, an inadequate increase in the number of lawyers and a lack of human power and a lack of sufficient caution in judicial and administrative decisions of the jurisdiction system, lack of training and raising the level of lawyers and judges, low salaries of judges and employees of the jurisdiction system are factors contributing to the lack of consent of lawyers and greater adaptation to judges, as well as the most important existing deficiencies and problems in the system of jurisdiction.

Since lawyers are the backup weapons of justice judges and protect the weak in justice and security in society, their dignity and honor are linked to each other. Competition and ignoring each other's dignity and honor should be eliminated through these two parts of the angel of justice and should be observed with the consent, consent and good thinking, and this importance will be achieved with constant and careful supervision of the manners of lawyers and judges, respecting professional morality and ensuring their independence. and immunity, neutral trust and respect, professional development of judges and lawyers and, of course, improvement of the living standards of judges and workers.