Pathology of the structure and competence of the Board of Supervisors of Cultural Centers; Provide an optimal model of administrative proceedings

In our legal system, several institutions are the policy reference in cultural affairs. Meanwhile, the Ministry of Culture and Islamic Guidance, as the main trustee of the Department of Cultural Affairs, has an important role in issuing licenses to cultural institutions. Licensing of cultural institutions is based on criteria set by the ministry, but after the licensing of cultural institutions, the Ministry of Culture exercises its posterior supervision through the Board of Cultural Centers. By examining the founding document of this authority, ie, "Rules and regulations for the establishment of cultural centers, institutions, centers and associations and supervising their activities", the structure and competencies prescribed for the said board can be identified and with a Legal analysis enumerated the criticisms leveled at it. Among the structural objections, we can mention the governmental nature of all the members of the board, the independence of the decisions issued by the board, and regarding the competence objections, we can mention the ambiguity about the competencies and the wide authority to apply disciplinary sanctions.Given the importance of cultural institutions and the impact they have on cultural rights, the proper functioning of these institutions will ultimately lead to the promotion of cultural rights. In this article, we seek to provide a comprehensive model with an emphasis on fair trial standards as well as good governance. The research method in this research is descriptive-analytical and library method has been used in collecting resources.