نوع مقاله : مقاله ترویجی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه بین المللی مذاهب اسلامی
2 دانشیار گروه فقه و حقوق امامیه دانشگاه مذاهب اسلامی تهران
3 استادیار دانشگاه بین المللی مذاهب اسلامی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The state, as the most complete and powerful legal entity, may cause harm to others due to the vast scope of its activities within the framework of the three branches of government or other governing systems. However, the principle of maintaining public services and preserving order often conflicts with state liability. In this study, employing a descriptive-analytical method, the feasibility of holding the state accountable and overcoming state immunity in sovereign acts is examined within the framework of jurisprudential and legal principles. Additionally, the state's responsibility in the case of the Ukrainian passenger plane incident, which was struck by Iranian official air defense forces on January 8, 2020, is analyzed as a case study.
The findings of the research overall indicate that state responsibility is a fundamental element of the legal system, which aids in improving governance by balancing the protection of citizens' rights with state efficiency. Islamic jurisprudence offers principles that can justify state responsibility. Consequently, the state must adopt preventive measures, accurately identify liabilities, and reform its operational procedures to prevent similar incidents and, in the event of their occurrence, promptly and equitably compensate for the resulting damages.
کلیدواژهها [English]
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