اندیشه‌های حقوق عمومی

Due to the emergence of new concepts such as "cryptocurrency" in the world, governments - including the Islamic Republic of Iran - have decided to establish legal frameworks to recognize this phenomenon. Based on Article (9) of the Constitution of the Islamic Republic of Iran, no one can harm the territorial integrity of Iran and its political-economic independence. In addition, according to paragraph (12) of article (3) and article (43) of the constitution, a correct and fair economic foundation along with the observance of Islamic rules – to eliminate poverty and remove deprivation - is one of the duties of systems, governing institutions and laws and regulations. The conceptual and technical analysis of cryptocurrencies shows that this phenomenon has characteristics that can be in conflict with the two rules of "nafye sabil" and "removing privation" in jurisprudence and the constitution. According to principles (85) and (170) of the Constitution of the Islamic Republic of Iran, jurisprudence and legal rules are the two bases for determining the legitimacy of the content of government regulations. Examining the government approvals in the field of cryptocurrencies shows that the steps taken are not in accordance with legal and juridical mechanisms. The purpose of this study is to present a jurisprudential-legal analysis of cryptocurrency acts of parliament and also to provide a solution to correctly deal with this newborn phenomenon. This article has used a descriptive and analytical method and its data is collected by library method.