نشریه دانش حقوق عمومی
سال سیزدهم شماره 1 (پیاپی 43، بهار 1403)

Financing of the election campaign, which refers to all financial resources obtained and expenses m ade legally, both cash and non-cash, related to an election, either by the candidate himself or by others for electoral purposes, is one of the important dimensions of the election legal system in the world, which in addition to private financing, it can also be realized through “public” funding. “The general policies of the elections” announced in 2016, along with the pathology of Iran's election system, has mentioned  the requirements of campaign finance in several paragraphs. This paper  seeks to answer the question of what requirements these policies needregarding the “public” finance. The findings of this research, using a descriptive-analytical method show that based on the general policies of the elections, the public finance system in Iran should be “indirect”, “free”,“equal”, necessarily specified for  a certain amount of time (election advertising period) and it should exist or be created in all elections including the presidency, the Islamic Consultative Assembly, the Islamic councils of cities and villages, and the Assembly of Experts for Leadership, according to the available facilities and the conditions of each election, and as a result, it also has the capacity of diversity in methods in the mentioned framework.

According to Article (7) of the regulations for monitoring the good implementation of the general policies, the Supreme Board of Supervision of the good implementation of the general policies follows the mission of evaluating the approvals of the parliament in terms of their non-contradiction and compliance with the general policies. Considering the lack of specific indicators for the evaluations of the parliament in terms of non-compliance with the general policies, research in the field of providing these indicators is an important issue. This paper, using a descriptive-analytical method and inquiring legal questions, what indicators are there in verifying the compliance of the parliament with the general policies? In this context, legal doctrine, scientific analysis, as well as the opinions of the Supreme Supervisory Board are used to achieve these indicators. These indicators are divided into two categories: main indicators and sub-indexes, and things like "verifying comprehensiveness and inclusiveness", "adequate details of rulings" and "proportion with priorities" are in the main index sections and examples. Because "ensuring relative stability and continuity", "reference of norms to political rulings", "no conflict in the effects of norms" and "efficiency and effectiveness of implementation mechanisms" have been mentioned in the sub-index section.

Paying late payment damages by the government to citizens is accepted in many legal systems, and whenever damage is done to citizens due to the actions or omissions of the government, the government is obliged to compensate the damages. However, in the Iranian legal system, this issue has faced many challenges and demanding damages and receiving them from the government does not have a proper place in the judicial and administrative system of the country, and the laws and opinions issued by some authorities in recent years have confirmed its non-fulfillment. In the past years, the non-payment of late payment compensation was not very important due to the low inflation rate, but the economic developments of the last decade and the unprecedented increase in inflation and the significant jump in prices have added to the importance of the issue, and if the old routine continues, the citizens will face a lot of losses. In this paper, using a descriptive-analytical method, and scrutinizing manner, the legal principles such as the principle of equality of persons before the law, the principle of fairness, the principle of non-discrimination and the principle of the necessity of compensation, the existing judicial procedure and the non-payment of this damage by the government have been criticized and this lack of payment has been investigated as a violation of the fundamental rights of citizens.

One of the continuous concerns of human society, which is especially considered by legal and social science experts today and is interpreted as a basic component in good governance, is combating the phenomenon of ‘corruption’. The dangerous place of the judicial system and the need for the health of the judiciary from corruption, which will cause the eradication of corruption, oppression and discrimination, immorality and other corrupting factors in the society, lead us to the fact that we should look for a solution to prevent corruption in the judiciary. Transparency is one of the important and influential components in dealing with corruption. The main question of the research is based on the proposition that "from the point of view of transparency, in a general sense, what results can be obtained regarding the existing processes in the judiciary (judicial-administrative) that will result in the reduction or deterrence of corruption?" The present research, using a descriptive-analytical method, regarding the data collected by the library method with the definition and division of the concept of transparency in the field of affairs related to the judiciary into two categories, administrative and judicial, with the necessity of adopting solutions such as strengthening the information systems of officials' property Judiciary, clarifying the process of appointment of judges, free publication of judicial opinions by the judiciary and the like, which their application will lead to the improvement of indicators of deterrence from corruption in the judiciary.

The ever-increasing expansion of the activities of the government and the executive bodies shows the necessity of taking decisions and measures to organize administrative affairs and ensure the implementation of laws. Despite this necessity, in some cases, the institutions and their officials refuse to take the decision and action that they are obliged to do according to the law. Therefore, in addition to the administrative supervision foreseen in the laws, the judicial supervision of administrative acts is undeniable as one of the important and new challenges of administrative law in order to prevent the violation of citizens' rights.The uncertainty that exists in this context is whether the court of administrative justice as an administrative judge has the authority to supervise administrative omission or not? The following article, using the descriptive-analytical method, while explaining the concept of administrative omission, comes to the conclusion that, firstly, using the articles (10), (11) and (12) of the Law of the Administrative Court of Justice has the authority to "cancel" and "mandate" and therefore can deal with the administrative omissions. Secondly, the legislator in 1402, while amending the law of the Court of Administrative Justice, made the filing of a complaint in the Court's branches subject to the initial reference to the institution and obliged the institutions to respond to the request of the applicants, which led to the regulation of administrative decision-making, Documenting and justifying decisions and reducing administrative omissions.

The budget  documentis one of the most important legal documents in which different organs of governance have roles and responsibilities in the stages of drafting, approving, implementing and monitoring it. In addition to predicting and determining financial resources and expenses, this document is also considered a planning document. The annual planning should aim to cover and realize the goals of the upstream documents and the macro directions of the country's plans. Among the upstream documents are the general policies of the state, which are defined in the hierarchy of legal norms, sub-constitutional and above normal laws, and are an important indicator for determining the legal requirements of the budget. This paper, using a descriptive-analytical method, seeks to answer which legal requirements can be considered in the stage of preparing and adjusting the budget by referring to the general policies of the state? By examining the legal requirements arising from the general policies of the state, they can be organized into two groups of formal and substantive requirements. The extracted formal requirements include strength in literature and legal terms, comprehensiveness, inclusiveness and participation, and the extracted substantive requirements also include justice-oriented, central issue and emphasis on the goals of the general policies of the system.

Abstention is one of the types of votes used in the Islamic Council. This vote, in many cases, has a meaning next to a positive or favorable vote and a negative or opposed vote, and in that case, the person refrains from giving a declarative and expressive vote (positive or negative). Analyzing the acts of governance based on Islamic standards and the necessity of not contradicting these acts with Islamic standards highlights the necessity of this jurisprudential and legal review; in addition to authenticity, the efficient principles and approaches in comparative law can also be used for the legal status of "abstention". Based on this, the main problem of this descriptive-analytical and library paper is that, considering the range of tasks arising from representation, along with the degree of freedom of action and moral life for the representative, as well as the necessities governing decision-making in different situations, what an abstention in the two areas of "assignment ruling" and "status ruling: interpretation of the status of the abstained vote" is? Among the results of Anake's paper, in jurisprudence and comparative law, different approaches have been adopted in facing this issue; but in jurisprudence, the majority of statements and bases are guided by the prohibition and impermissibility of abstention in the initial situation; at the same time, on a case-by-case and exceptional basis, in some cases, it is possible to prescribe abstention. Among other principles governing the abstention vote is the principle of transparency and the principle of relative legal value, which will open a middle way for "application" and "interpretation of the abstention vote" based on the evidence or the previous certain situation.

Iran’s legal system is currently facing a lot of inflated, scattered and unrevised laws. This volume of laws, in addition to creating a number of challenges for the country’s legal system, has made it difficult for executive officers and citizens to access valid laws. Also, in some cases, It has caused multiple interpretations and as a result, disagreements between the enforcers regarding the status of the conflicting laws.In this analytical-descriptive research, which was conducted using the library method and interviews with experts, observation and field studies, the question is: how revisions in legislative drafts can lead to the reorganization of laws and the Iranian legal system. This research shows that it is necessary to improve the legislative system and organize the legal system of Iran and create a new legislative order; first, the use of revision of laws in the drafting of legislation should be made mandatory as one of the requirements of the legislative process. Second, the revision during the formulation or the comparison(conflict)of the status of later laws compared to the earlier ones should be done as an explicit(not implicit)abrogation during the drafting of legislative drafts. Third, in order to achieve the desired state of the laws, while categorizing the laws(and creating codes)in the same and similar manner in the three branches and performing subsequent revisions, we should move towards the preparation and formulation of a comprehensive legal codes in various subjects.