the Islamic theologians (not less than five deputies) so that all the laws became firmly established under their control and did not leave for frames of the prescriptions of the Islam .executive body was planned as the government of the Islamic republic, whose competence was nominating to the low state posts, performance of the programs, confirmed by the supreme authorities, taking the executive orders, checking functions .. Homeyni did not select the judicial bodies as the separate branch of authorities, having considered that in the Islamic state justice should be realized solely by the Moslem theologians: all employees of the bodies of justice from the Minister of Justice up to judges of low courts should be mudzhtehids or fakichs [12]. From the number of the clerics there should be nominated ministers and their assistants, who order citizens of the country raquo ;: chief of the police responsible for mobilization into army, governors.the last period of activity of the leader of the Islamic revolution Homeyni there was revealed the necessity of certain changes in his state-legal doctrine. On the one hand, he became to aspire to the role of the leader and the sovereign judge of the whole Moslem world. In particular, he released the fetv, containing the statutory prescription to each Moslem to execute the author of the book Satanic poetry by S.RUSHDI.the other hand, in accordance with the letter of Homeyni from April 24, 1989 there was created the Counil on reassessment of the Constitution of the Islamic Republic Iran in composition of 20 members for revising of some positions of the Main Law. The most complex problem of this body was determination of the criteria of the successor of Homeyni. According to the Constitution of 1979, the spiritual leader must possess the public authority, however in the Shiit tradition there exist no statutory rules of the determination of the authority. As a result of the reached compromise there was worked out the formula, on which the functions of the spiritual leader were separated from the functions of the authoritative leader raquo ;. Accordingly from the spiritual leader of the country there was required only sufficient life and political experience, his post was decided to install as life. To elect it had the Council of experts, which composition was formed on results of the general voting.the adopted Constitution of the Islamic Republic Iran of 1 979 there found the reflection practically all conceptual installations of R. Homeyni. In the vast preamble to the Constitution there are stated the main stages of the great Islamic revolution raquo ;, which led to dethronement of authorities of internal tyranny and founded on its foreign mastery raquo ;. The essence of the Main law is denominated in position that the Constitution of Islamic Republic of Iran on the bases of Islamic determinations reflects cultural, social, political and economic institutes of the Iranian society, which are the entailment of the sincere longings of the Islamic nation [13] .sources of the constitutional law of Islamic Republic of Iran are determined in position of the preamble that lawmaking, which reflects the principles of social control, is found within the framework of Koran and Sunny. Therefore there is necessary serious and intent checking on the part of equitable, righteous and dedicated Islamic theologians raquo ;. Coming from it the hierarchy of the sources looks as follows: Koran, Sunna - interpretations of Islamic theologians - the Constitution of Islamic Republic of Iran - mundane legislation.bases of constitutional system are stated as a whole in the number of articles, beginning from Article 1, according to which the form of rule in Iran is installed as the Islamic republic, for which there has voted the Iran nation by majority in 98,2% at the referendum, which was organized after the Islamic revolution under the leadership of the Great Ayatollah Imam Homeyni raquo ;. The principles of construction of the Islamic republics are prescribed solely from theological positions: common religion, on the bases of which there are installed the laws of shariat; the divine revelations applicable for interpretation of the laws; the terrible court; the divine fairness; receivership of the rule of Imams and others (Article 2). Article 4 installs that the Islamic values ??should be the bases of all laws and decisions in the field of the civil, criminal, financial, economic, administrative and the other law. The action of this article spreads both on articles of the Constitution, and on the laws and all other acts. The Fakihi in the Council of keepers of the Constitutions check execution of the given positions.Ideologem of the Islamic nation was shown in Article 11, containing the norm-purpose: In accordance with from Holy Koran, the Moslims are considered the united nation , the government of Islamic Republic of Iran must conduct its general po...
