نشریه پژوهش های نوین حقوق اداری
پیاپی 18 (بهار 1403)

For a long time, political officials, who also had administrative discretions, tried to escape accountability by making their administrative decisions look political. Therefore, in the last century, the relationship between administrative and political actions as "administration-politics dichotomy" or "administration-policy dichotomy" was attract attention of scholars in this field. In this article, efforts have been made to clarify the relationship between political and administrative actions and the concept of dichotomy, and we found that the meaning of dichotomy has shifted from differentiation and conflict to interaction and compatibility between them; Therefore, the aforementioned dichotomy is no longer seeking substantive or organizational separation of these two actions, but has gone beyond this concept and made the conflict interwoven with interaction. In this way, the decision of an administrative political official can be both political and administrative at the same time, and the complementary dichotomy of svara shows the relationship between these two concepts well. For the purpose of the article and in order to provide a solution to create relative separation, three practical ways are suggested: first, paying attention to the dominance of administrative or political function, second, paying attention to the motivation and purpose and third, identifying dichotomy as a constitutional principle that end the argument.

Policy-making is one of the important means of government intervention in various fields, including the economic field. Today, development has different dimensions and economic development is one of its most important dimensions. On the other hand, in modern economic discourses, knowledge-based economy has been mentioned. A term that was used for the first time by the Economic Cooperation and Development Organization and it refers to the use of knowledge and technology in economic activities. One of the methods of applying knowledge-based economy is the use of knowledge-based companies in the structure of the economic system. In Iran, in the past decade, knowledge-based companies have grown significantly, but these companies need various supports from the governing institutions to improve their performance. The research method in this study is descriptive-analytical, and the library method was used to collect the sources. The results of this research show that the implementation of the government's support policies for knowledge-based companies in the long term has significant effects on the knowledge-based economy. Also, the mentioned companies play an important role in realizing the economic independence and self-sufficiency of Article 43 of the Constitution. Despite the provision of some legal support for knowledge-based companies, there are still legal and executive challenges in reaching the desired point.

The acquisition of urban land in public law is one of the important issues raised in public law, which is in conflict with the private ownership of individuals.However, institutions such as the municipality sometimes have the possibility of expropriating private property.An important element that makes government institutions able to rely on it to take away private property if necessary is the priority of the public and society's interests over the individual interests of individuals.Based on this, the theoretical foundations of ownership, as one of the examples of administrative actions of the government, is based on the theory of public service, because ownership is realized in the position of eliminating the conflict between collective interests and individual interests, and because of public service, and the application of the preferential rules of administrative law. In possession, this service is also provided on the basis of this. Lawsuits arising from land acquisition are mainly legal, and the authorities for resolving disputes in this field are divided into two categories: specialized authorities and general authorities.The basic question that this research seeks to answer is how can claims arising from the acquisition of land by government institutions be evaluated from a jurisprudential and legal point of view? The research method in this article is descriptive-analytical and the library method was used to collect the sources. The results of this study indicate that from a jurisprudential point of view, private ownership of real estate has been recognized based on the rule of Yad and Qa'id Taslat.

Economic freedom is the basis of business freedom in any economic and legal system, whereby the citizens of society have the right to choose any business according to their ability, expertise and personal creativity. This important and fundamental principle and the duty of the government to guarantee and support it has been and standardized in the Constitution of the Islamic Republic of Iran, domestic laws and international documents. In order to judicially monitor general decisions, realize the principle of the rule of law assert individual and social rights, the General Board of the Court of Administrative Justice has issued opinions in various lawsuits in order to support and guarantee this right and perform its inherent special task. The findings of this research, which were issued in a descriptive-analytical method and along with the criticism of lawsuits and judicial opinions, indicate that the most important aspects dealing with cases are: with the principle of licensig authority, paying attention to the principles of competition rights in licensing, The subject departure of some professions such as notary and attorney from the concept of business, which shows the more accurate understanding and special support of the Administrative Court of Justice of this economic right compared to other regulatory authorities executive institutions. The interpretation and explanation of the concept of freedom business in the Administrative Court of Justice can be a judicial guide for legislative and regulatory institutions in applying and implementing the freedom of business and protecting this economic right in its true sense.

Today, human rights have become a global discourse in such a way that different legal fields are affected by human rights. In the meantime, administrative law also does not benefit from the influence of the representative in such a way that in today's world, there is talk of administrative human rights. Administrative human rights are administrative rights that adhere to and are bound by human rights standards and criteria. One of the stages of the manifestation of human rights in administrative law is recruitment and entry into government service. In entering service and employment, it is necessary to observe principles such as equality, justice and respect for human dignity. Basic laws as well as ordinary laws have considered general and specific conditions for entering the service. As long as the mentioned conditions are in accordance with the principles of human rights, there will be no problem, but sometimes it is observed that the legislators consider criteria and conditions in the recruitment and selection stage that conflict with the principles of equality, justice and competence. is placed In Iran's legal system, the regulations related to employment are included in the civil service management law and the country's selection law. The study of the said laws shows that although in the civil service management law, the legislator has tried to approach the standards of human rights, but the inclusion of some criteria in the selection law is not consistent with the said principles and deserves criticism.

The country's welfare organization is one of the important support organizations among the country's administrative organizations, which fulfills the principles 21 and 29 of the Islamic Republic of Iran's constitution by performing its governance duties. The founding document of this organization is a legal bill regarding the establishment of the country's welfare organization approved by the Revolutionary Council. In addition to the aforementioned law, which is the main basis for the formation of the organization, and the duties of the organization are basically specified by the legislator, in some other laws, the welfare organization is also responsible for responsibility, including the approved law on the protection of children and adolescents. It is 2019. One of the important areas in which the welfare organization is obliged to provide services is "children", and considering the accession of the Islamic Republic of Iran to the International Convention on the Rights of the Child, supporting this vulnerable group is one of the most important duties of the welfare organization. . The actions of the welfare organization, especially in the field of child victimization, are carried out in the form of preventive measures and in the capacity of the administrative police. The results of this research show that if the welfare organization acts as an administrative police, sexual abuse of children and related injuries will decrease. The research method in this study is descriptive-analytical, and the library method was used to collect the sources..

The management style that is formed based on the conscious and voluntary participation of employees in order to achieve the goals of the organization is called Participative management. One of the most important issues that hinders the achievement of the organization's goals is the occurrence of illegal actions and corruption within the organization. In such a situation, it is necessary to find out the occurrence of a crime or violation, and identify the criminal or the violator. Employees, as one of the most important stakeholders of the organization, are more aware of the events of the organization than others. Therefore, creating a platform for the participation of employees can lead to the reporting of illegal actions by employees; a process called whistle-blowing. This research, which was carried out in a descriptive-analytical way, by studying library sources and related laws and regulations of Islamic Republic of Iran, with the aim of investigating the effect of participative management on the development of whistle-blowing in administrative organizations, has shown that Participative management has results, such as: developing knowledge and information, facilitating intra-organizational communication, increasing commitment and responsibility, enhancing culture of participation, increasing motivation and activating marginal employees and empowering them, can be effective on the development of whistle-blowing. Nevertheless, investigating the laws and regulations of the subject in our country indicated the necessity of development of them.

Nowadays, due to social developments and the changing face of human civilization, a special place is given to civil responsibility. "The principle of not harming others and the need to compensate for unjustified harm, which is one of the three principles of ethics and rights, has doubled the importance of civil responsibility. Providing the best and most efficient way to compensate the victims and reduce their number and intensity and reduce social costs is the least that preventive civil responsibility can do. The concept of preventive civil responsibility has emerged with an economic analysis of responsibility. Preventive civil responsibility of the government in administrative actions is also one of the basic issues that can be proposed considering the scope of the government's activities in matters such as the environment, transgenic products, etc. Therefore, in this article, by using the analytical and descriptive method and taking into account the principle of personal responsibility and the need for accuracy in interpretation and analysis, the special conditions and rulings governing this responsibility in Iranian law in a comparative manner with England will be criticized and examined. The results show that despite the similarities in the laws of these two countries, there are also certain differences in terms of function and implementation in this field.

The phenomenon of encroachment on national and state lands is affected by many legal, social, cultural, and economic reasons. Of course, any action to solve these problems will require the use of studies and the approaches of the relevant fields. In the legal field, the most important challenges are related to the lack of The organization of national and public property, the unlimited period of objection to the recognition theory, the deficiency in the legal system of land transfer, legislative inflation and overall inefficiency are affected by the evident weakness in legislative, judicial, executive, registration measures and non-compliance with the legislative philosophy. It seems that the strategies to get out of the problems caused by inefficiency can be found in prohibiting the unlimited transfer of government lands, creating specialized courts, speeding up judicial proceedings for crimes related to land, considering the proportionality between crime and punishment, applying the cadastral plan and consolidating laws in order to Fixing parallelism between devices. This research, with descriptive analytical method and with the aim of achieving the desired model in realizing efficiency by relying on appropriate approaches to solve these problems, has looked at the shortcomings in three legislative, judicial and executive areas. In the analytical study of the main hypothesis, it has been proven that the laws related to the nationalization of forests are ineffective and even violate the goals and basic principles of the legal system governing national lands.

The "Responsibility to Protect" (R2P) doctrine emerged in the early 21st century, following the evolution of such principles as sovereignty, non-intervention, and humanitarian intervention. This doctrine posits that states hold the primary responsibility for protecting civilians from genocide, war crimes, ethnic cleansing, and crimes against humanity. Should a state fail to protect its citizens, this responsibility shifts to the international community. Reflecting Islamic teachings and universal human values, the Islamic Republic of Iran advocates for oppressed and underprivileged populations worldwide. The doctrine's applicability spans both international and domestic spheres, marking its significant influence on administrative law. This influence is particularly pronounced given the intrinsic imbalance existing in the state-individual relationship. Manifestations of the R2P in administrative law encompass the imperative to uphold human dignity and ensure equal opportunity in accessing public services. The primary question this research addresses is: What is the significance of the "Responsibility to Protect" doctrine within the legal framework of the Islamic Republic of Iran? Employing a descriptive-analytical methodology, this study relies on a library-based approach for data collection.

The purpose of this study is to distinguish between sovereignty and state ownership in the field of cultural heritage in the light of Article 83 of the Constitution. Descriptive-analytical method is used to conduct research. The Civil Service Management Law makes the protection of cultural heritage one of the functions of government. In Article 115 of the General Accounting Law approved in 1987, in addition to repeating the ban on the transfer of national treasures, it also considers monuments and historical monuments non-transferable. Article 83 of the Constitution only prohibits the transfer of cultural heritage that is considered a national treasure. Ordinary national treasures are not defined or standardized, and it is the responsibility of a working group in the Department of Cultural Heritage, Tourism and Handicrafts to determine this. The principle of non-transferability of national treasures is not absolute, but it is possible to transfer national treasures with the permission of the Islamic Consultative Assembly, with the exception of unique national treasures. Although the monitoring, preservation and restoration of cultural heritage is essentially a sovereign practice, some government actions in this area are of a tenure nature, the separation of which in each case requires consideration of relevant laws and regulations.

The principle of documenting, reasoning and justifying the opinions of quasi-judicial authorities is one of the important elements of a fair and just trial. Given that administrative decisions are linked to the public interest, the application of this principle in decisions and rulings issued by these authorities, as well as the oversight of the Court of Administrative Justice as a judicial institution on the rulings issued by these authorities can be a reason to evaluate the performance of the government and the judiciary. Be equal to the public conscience of society. Examining the judicial procedure of quasi-judicial authorities and the Court of Administrative Justice, it seems that paying attention to the principles of fair trial in general and monitoring the reasoning and documenting of opinions and decisions in particular has not yet found its proper place. Although in some cases these principles and their importance have been mentioned in the judicial procedure of the Court of Administrative Justice, this issue has not been considered by the quasi-judicial authorities. In addition, this issue has not yet reached its true place in the jurisprudence of the Administrative Court of Justice, and this issue has become more and more important due to the pervasiveness of fair trial in legal systems. In this article, we examine the position of the reasoned principle, documenting and justifying the opinions of quasi-judicial authorities in judicial procedure.

Civil liability is one of the basic issues in private law, and based on it, in relationships between individuals, anyone who causes harm to another will be obliged to compensate for the loss. For many years, the idea of the sanctity of the state had prevented the issue of civil responsibility for the government, but with the passage of time and the entry of the government into the field of economic and commercial activities, the idea of the sanctity of the state gradually lost its color, and jurists began to discuss the necessity of accepting They paid the civil responsibility of the government. The civil responsibility of the government has different bases, which include: the theory of fault, the theory of risk, the theory of safety obligation, etc. of course, it has a concept close to the rule of "Man Leh Al-Ghanm Faleh Al-Ghoram" among the foundations of jurisprudence. Studying Iran's civil liability law approved in 1339, the basis of civil liability is based on the theory of fault, but due to some risky actions of the government, in many cases, the theory of risk can be accepted as the basis of the civil liability of the government. Of course, with the emergence of new theories about the foundations of civil responsibility of the government, traditional theories have been criticized. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

According to Article 141 of the Constitution, holding educational positions in universities and research institutions while holding government positions is one of the exceptions to the prohibition of holding more than one government job. However, the limits and scope of the prohibition of Article 141 and the permission raised under it have always been ambiguous. This article is specifically looking for an answer to the question of what is the ruling on simultaneously holding public jobs and being a member of the faculty of universities. For this purpose, with a descriptive-analytical view, the text of the Constitution and other legal sources of the country have been examined and finally it has been decided that this matter is permissible. The normal routine of the country's administrative system, as well as a number of regulations and the unanimous decision of the Administrative Court of Justice in 1402, all agree on the impossibility of combining these two jobs. However, the arguments and legal findings of this article show that teaching faculty members, regardless of the nature of the university where they serve and regardless of whether their employment is full-time or part-time, have the possibility to simultaneously hold another organizational position in institutions. hold public and government office. For this purpose, the administrative regulations must be formulated in such a way as to provide the conditions for the fulfillment of this basic legislative provision, and any regulation that specifies this is clearly against the constitution.

The right of access to justice is a basic right and one of the fundamental principles of proceedings and in its own way is a necessary tool to protect other rights. The unprecedented conditions of Covid-19 have imposed a wide range of restrictions on the essential rights of people, including free, fair and effective access to justice. This research aims to study the protection of this human right with a focus on other legal systems in a descriptive way. - Analytical and by collecting sources in the form of a library, it is an answer to the question of what approach different legal systems have adopted in protecting this right in different courts. The findings of the research indicate that in the discussed legal systems, depending on the case, this right has flowed without change compared to the prevailing conditions and in some cases it has been limited or in some cases it has been temporarily suspended, but in general it has not been violated. And it has been protected by establishing laws and regulations and issuing instructions using modern virtual technologies, and in cases where due to the urgent nature of the claims, it was necessary to hear the claims in person by the court, this is done by observing physical distances in order to Keeping the safety and health of people was the main priority.