نشریه حقوق اداری
پیاپی 18 (بهار 1398)

A proper explanation of the relation between clause G of Article 42 of the State Service Management Act and Article 7 of the Persons with Disabilities Rights and Protection Act is essential for the right of employment of the disabled to be provided by Iranian judicial system. Some organizations, e.g. the Ministry of Education, based on a misinterpretation of the related laws, consolidated decisions contrary to the convention on the rights of persons with disabilities. This has led to the issue of uniformity decisions and revocation of circulars by the General Court. We have investigated the position of the mentioned employment right in the judicial system and the related rules and regulations of Iran, and tried to find the securities the Procedures of the Court have provided for the right. The answer is that the Court has emphasized on the enforcement of Article 7 of the Persons with Disabilities Rights and Protection Act and has directly ruled the administrations to reserve occupations for the employment of persons with disabilities.

The legal system approach including rules, regulations and judgmental procedure to water sources has a significant role in the management of water consumption and with due attention to matters such as security of water and protection of public interests , sovereignty of public law rules on water sources is necessary. The constitution of Islamic Republic of Iran has accepted the water sources as a public wealth, so some public organizations at national or local jurisdiction like water ministry, water companies and Administrative Tribunals have legal responsibility in the public management of water sources. This paper with analysis the jurisdiction of this institutions , has studied the ways of dissolving the disputes between them and citizens and finally has proposed amendments for protection of public interests.

Tax department is a judicial financial system and due to its sensitivity of justice and its execution may create a base for corruption fields. In this regard, it will be an obligation in governmental and society management to make a method for its decrease. Subject of this paper is legal eras to confront with tax corruption. The main question of paper is: what are legal themes to confront and decrease tax corruption? And what is the position in Iranian Tax law? Hypothesis of research: There is legal, security, judicial and supervision on confront and decrease tax corruption toward advancement Iranian Tax law system. Among reasons to non success with control of tax corruption in Iran, we can referred to lack of legal plan and in this regard, comprehensive plan should be compiled without attention to one dimension view point. With regard to importance of healthy administrative system and its effect in state development, writers of paper to pay more attention to concept of tax corruption, its reasons of finding and effects from legal stand point till its importance of control may be better understand.

The judicial review of the Administrative Justice Court on the votes of the commissions and parliaments is set out in paragraph 2 of Article 10 of the Law on the Organization and Procedure of the Administrative Justice Court. Accordingly, and in view of the non-existence of the cases mentioned in this paragraph, The objection was cast on all subjectivist authorities in the Administrative Justice Court. However, the law of the city of land, by referring to the term "Saleh Court" as the point of reference for the review of the committee's vote under Article 12 of this law, has created an ambiguity in the history of the concept of the term. Proceedings No. 473- 1389/10/27 The General Court of the Court of Justice has interpreted the term "competent court" to the public court of justice in its statement of purpose, and has been disqualified in this regard. However, the content of this vote is largely criticized, given the nature of the Commission's Article 12 of the Law on Urban Land, the lack of grounds for the application of judicial review by the public courts to the commission's decision, and the lack of attention to the inherent jurisdiction of the Administrative Justice Court and the public courts.

Civil service is a main and central institution of public administration. Public administration is a component of more encompassing state traditions or governance styles. For institutional-historical, cultural differences and unique style of governance, western single civil service systems in spite of similarities, have characteristics that separate them into two groups of Anglo- American and continental systems. System of civil service of these countries is a set of institutions, rules and provisions and personnel that in terms of style of relations with political authorities, civil society and citizens makes a unique special bureaucracy that defines concept and extend of civil service and rights and duties of employees and transforms in context of domestic and international developments. This article with an analyticdescriptive methodology is an attempt to find roots and resources of the tradition and change in civil service system of the western countries.

Employing skilled and expert personnel is a prerequisite for an efficient administration and a good public service that needs governing principles of: A) rule of law, B) equal public employment opportunity and C) meritocracy. Irans legislator has determined this principle in article 28 of Constitution and article 41 of Civil Service Management Act. Confrontation between local applicant- selection priority with that principle is subject of this article. Some organization like Administrative- Employment Organization have a positive approach to that but our finding shows disagreement of local applicant- selection priority with equal opportunity and meritocracy. Guardian Council have opinion on contradiction of this issue with the Constitution and General board of Administrative Justice Court with long silent about this issue, finally declared illegal.

As a result of the expansion of the role of states in accountability, which is the result of the political ideology and economic thoughts governing society, the role of states in the new era has increased with an approach "state- social welfare". Therefore, the state has two types of property to provide public services and to do its legal duties: public and state property. In the legal system of the Islamic Republic of Iran, state property is not defined; in return, in the 1987 Act on the State Public Auditing, the article 106 and the subsequent articles contain the considerations and criteria which are useful in determining the components for distinguishing state property from other property, but, in Article 2 of the State Property Regulations of 1993, property purchased or acquired 100% by the state, are called state property; So, these questions arise as to whether we can distinguish between state property in general and in specific sense? With the deletion of the word "public corporations" (State-owned companies) in article 2 of the State Property Regulations of 1995, should one distinguish the property of stateowned enterprises from other state property? Are State Property acquirables? What are the criteria for distinguishing state property from other property? This paper has tried to provide a practical criteria for identifying and determining these properties in practice, given the lack of separation between state property and other property; Therefore, this research aim to investigate and identify the state property, and give suggestions in this regard as to how this property is distinguished from other property.

The administrative system is the government's tool of work and machinery. The administrative system realizes the government's scientific attitudes and attitudes at the operational level and tries to ensure the expectations of society and people through the technical mechanisms. If a country has the necessary coherence and efficiency in its administrative system, this coherence and effectiveness will blur the other issues and affect them and pave the way for progress in all matters; Therefore, this research was carried out with the aim of studying the titles of theses and treatises of public administration and their adaptation to the general policies of the administrative system of the country in 4 universities: Allameh Tabataba'i (RA), Tarbiat Modares, Tehran and Farabi Camp Qom; The research is applied to the target and qualitative content analysis method has been done by referring to 1400 theses and theses in senior and doctorate levels in the field of public administration. The statistical population of the study is fullscale, and every 1400 works that are related to a 16-year period (eight years before the policy is communicated and eight years after the policy is communicated) have been analyzed; After analyzing the contents of the titles of theses and treatises and taking into account the initial coding on the 26th paragraph of the policies of the administrative system, Article 15 (egovernment) was the most frequent And Paragraph 18 (transparency and awareness of the people) has the lowest frequency, of which, in total, defended theses, 1136 theses (81%) are consistent with the 26 articles of the policy of the administrative system; Hence, it is expected that in view of the potential of the higher universities, in order to improve the administrative system, more attention will be paid to providing practical solutions from the scientific community to the government and government agencies, and the government will work with the implementation and acceptance of these solutions. The more the administrative system helps.

The principle of Transparency is one of the of Hallmarks desirable Governance, According to Which citizens of a Community have the right to access Information available to Existing Institutest and Governmen Institutions. Whatever more People are aware of the decisions and Performance of officials And Institutions Government the greater their accountability to the people; this leads to clearer and better decisions.The Transparency Principle is also a powerful mechanism for dealing with corruption in Government contracts, and prevents the authorities of the bidding authorities from abusing the Tendering Process. the World's leading legal systems have adopted the principle as a principle in legislation in the field of tenders. To create Transparency in tenders, it is imperative that the process of holding tenders be Documented and notified, all tendering rules and regulations will be transparent and there is Transparency in the process of Identifying suppliers of goods and services. In this article, the Question of how the bidding Process in Iran Criterion is in terms of Transparency? It Attempts to Pathology the legal Ssystem of Tenders and Government Contracts From the Perspective of the Principle of Transparency, as well as ways to clarify the Tendering Process.

Judicial control of discretionary Power in administrative law applying in minimum Scale. this does not mean a lack of any judicial control on these powers. usually in the process of controlling such powers, courts in different legal systems have of a number of principles and criteria for assessing the legality of the decisions that had been taken in the framework of their jurisdiction. the most important examples of the criteria is proportionality, equality, bias rule, good faith, transparency, stating the reasons and act upon policy. In this paper, we study with a comparative approach judicial control on discretionary powers in in Iran, France, and Germany law. The basic assumption of this article is based on the belief that while the judicial control of discretionary powers faced with problems. but the criteria mentioned can be help the administrative judges to assess the legality of administrative acts.

The interpretive competence of judges has always been a point of conflict. Its advocates regard it as an essential and efficient institution contributing to dynamism of laws, which can bring the laws closer to political and legal requirements in keeping with social change. Its critics, however, reject it claiming it can undermine the rule of law, increase the danger of abuse and corruption, and infringe upon basic rights. Regardless of these criticisms, interpretation of law is an inseparable part of legal resources, procedure, and adaption of laws to actual claims. Therefore, the concern and focus of legal discussions must be on how to supervise and control this legal institution, rather than reject it. In the first step, it must be ensured that principles of accountability and rule of law are observed, and then a balance must be struck between the interpretation made by judges and the spirit of law, legal principles, and human and citizenship rights. The realization of this aspiration is subject to a two-stage solution. Stage one: familiarity with the special, fluid nature of judicial affairs, and admission of its fundamental difference from execution of laws by law enforcement institutions. Stage two: recognition of interpretive competence as a special legal institution, and envision of control, priori, and posteriori mechanisms based on recently developed methods of supervision in administrative law, such as soft law and network supervision. In and of itself, this requires a clear understanding of the nature, function, and procedure of the modern public law, and its differentiation from the classical public law, private law, and criminal law.