فهرست مطالب ولی الله حیدرنژاد

Judging is considered important and noble among all legal systems, and the Constitution of the Islamic Republic of Iran is also derived from Imami jurisprudence and Islamic principles on the selection of competent and just judges. For this principle, it is necessary to know the jurisprudential foundations of the elected judge in religious government, as the only office and position whose conditions and details are mentioned in Islamic jurisprudence, first with the conditions of the judge in Imamiyyah jurisprudence and comparing it with the status of authorized judges in the Islamic jurisprudence system. Is. He got acquainted with the authority of the jurist. Then, by comparing the experiences of other legal systems in attracting and selecting judgments, as well as the recommendations of international documents in this regard, records and points that can be used in other legal systems have been used.The important issue of recruitment and selection of competent human resources and, above all, the issue of judgment in the judiciary, as one of the components of the satisfaction of the Islamic society with the Islamic government; which is included in the thought of the Supreme Leader

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.

Support and maintain the health of operators of difficult and harmful jobs, which is the most important and common way of supporting operators. Hard and unprofitable jobs are early retirement. In Iran's legal system, according to the procedure established by the Administrative Court, the system of supporting hard and harmful jobs for those subject to the labor law and the employees of executive bodies in terms of the authority for determining hard and harmful jobs, the amount of retirement years, the way to provide for the financial burden of retirement and ... Is different. Regarding those subject to the labor law, the authority for identifying and determining difficult and harmful jobs is the Supreme Council of Technical Protection and the provincial appeal committees, the performance of these committees in terms of conflicts in the issued votes, the administrative composition of the committee instead of specialization, the lack of unanimity, and so on... is a place of ambiguity and it is recommended to determine difficult and harmful jobs in a centralized way and in the form of a single list. In terms of providing the financial burden, even though the 4% insurance premium for difficult and harmful jobs is not enough to cover the financial burden caused by early retirement, the social security organization's requirement to collect the insurance premium at the end of the service and retirement of workers is also in terms of executive interests and Legal documents seem to contradict the rules and regulations.

Although the green card issued by the police force is considered as an official vehicle ownership document according to Article 1287 of the Civil Code and Article 22 of the Law on Transportation and Transit of Goods through the Territory of the Islamic Republic of Iran, but considering the approval process, detailed discussions and opinions Regarding Article 29 of the Law on Investigation of Traffic Violations, the Guardian Council seems to have provided no legal enforcement guarantee for the non-official registration of car transfers in notaries, but the registration of car transfers in notaries is mandatory. . In the process of approving Article 29 of the Law on Investigation of Traffic Violations, the Guardian Council also found that non-receipt of revenues such as registration fees, taxes, duties, government and public rights due to non-registration of car transfers due to reduced public revenue is contrary to Article 75. The constitution stated that by amending Article 29 with its current content, the objection to Article 75 had been removed from the perspective of the Guardian Council. At present, the main reason for the dispute is the necessity or non-necessity of notarized registration of car transfers and the unwillingness to refer to notaries, the legal obligation of notaries to collect car transfer tax according to Article 42 of the VAT Law. It has been approved in 2008 that with the implementation of the sentence of Article 30 of the Value Added Tax Law approved in 1400, the payment of car transfer tax must be done before changing the license plate and the law enforcement force is obliged to pay the transfer tax.

Granting legal personality and decision-making authority to local institutions is one of the most important elements of democracy, and "decentralization" has been accepted by various countries as one of the methods of governing with the aim of dismantling power and responding to local needs and concerns. In this regard, the Constitution of the Islamic Republic of Iran has recognized "Islamic Councils" in Article 7 and Chapter 7 of the Constitution and has delegated its duties and powers to the Islamic Consultative Assembly. Accordingly, in accordance with the law on the organization, duties and elections of the Islamic councils of the country and the election of mayors, various duties and powers were foreseen, including the imposition of tolls for these councils. Although tolls were enacted in several other laws, the meaning and scope of councils' authority were never specified. This ambiguity in the legal basis, the concept and scope of tolls and tolls in excess of density as one of the most important examples of tolls approved by the councils, has led to a dual approach of the Court of Administrative Justice in this regard. Therefore, the present article uses the descriptive-analytical method to reach the approach that, firstly, the ruling law in the field of tolls is the VAT law approved in 1387, which has only granted new local tolls to the councils and nothing else. Second, the imposition of tolls "Excess permitted density" by councils is against the law.

According to the Civil Service Law adopted in 1984, every Iranian male under the age of 18 is subject to the rules of military service. Considering that after the end of military service, people are employed in the private or public sector, one of the important issues regarding the military service is the possibility and method of counting two years of military service as a part of the insurance record. Noteworthy to say that according to the type of employment, there are different legal rules for counting military service in insurance records after completing the military service. Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, it seems essential to study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria for counting the insurance record. Based on the jurisprudence of the Court of Administrative Justice, counting the military service record as years of service and insurance records. In accordance with the judicial precedent of the Court of Administrative Justice, this issue can be studied separately for Armed Forces personnel, the insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using a descriptive-analytical method, the quality of caounting the military service record as the insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations. Considering the jurisdiction of the Court of Administrative Justice in handling employment claims of government employees and complaints of persons subject to the Social Security Law in accordance with Article 10 of the Law on Organization and Procedure of the Court of Administrative Justice, study and review the judicial procedure of the Court of Administrative Justice regarding the quality and criteria A history of insurance seems essential.According to the jurisprudence of the Court of Administrative Justice, the calculation of military service history as years of service and insurance can be studied separately for Armed Forces personnel, insurers of the State Pension Fund and those covered by the Social Security Law. In this research, using descriptive-analytical method, the quality of calculation of military service record in insurance records has been examined by reviewing and analyzing the opinions of the General Assembly of the Court of Administrative Justice and related laws and regulations.

After the revision of the Constitution of the Islamic Republic of Iran, for the first time, the issue of "resignation of the leader" from the position of Velayat-e-Faqih was forseen in article 111 of the Constitution. In the overall assessment and analysis of the constitution, it becomes clear that the withdrawal is meant to be the same as the so-called resignation which must be approved by the Assembly of Leadership Experts. However, the lack of anticipation of the mechanism for the resignation of the Supreme Leader, authority for its acceptance and its quorum in the Constitution and the internal regulations of the Assembly of Leadership Experts is a source of criticism. From the point of view of Imamiyyah jurists, leadership (velayah) is one of the categories of decrees, so it cannot be revoked and handed over and it is not possible for the ruler to resign. On the other hand, acceptance and continuation of the position of Velayat-e-Faqih is a religious duty. If the position of Velayat-e-Amr is determined in a single and specific person, the obligation of Velayat-e-Amr will be an imperative obligation and he can not refrain from continuing it. However, if there are numerous people who are qualified and leadership is not exclusively assigned to a specific person, and the resignation of the leader does not have a corrupt consequence in the maintaining of the system and is not against the interests of the Islamic society, after the approval of the Assembly of Leadership Experts, resignation of the leader is possible. A governmental study of the life of Imam Ali (PBUH) also shows that in the most difficult circumstances, as a divine duty, he was in charge of the Islamic society with strength, submission and leadership, and the doubt in his resignation from the government after the third caliph is lacking in prestige. There is no consensus among Sunnis on the permission and posibility of the caliph's resignation, but generally the permission to resign has not been accepted in the first place, and it is generally held that the resignation of the caliph is not permissible if there is no one to replace him. The caliph is restricted even among Sunnis.

The Administrative Justice Court has been a successful and influential institution in the history of the judiciary after the Islamic Revolution. But in the current situation, many judges and individuals working in the Administrative Justice Court have private, criminal, and formal studies of administrative proceedings. This situation has caused the votes of the Administrative Court to have a poor public record, which is why, despite three decades of activity, the Tribunal has not yet been able to provide the legal community with an acceptable administrative procedure, and the votes of the branches and the board The General Court of Administrative Justice has not changed the origin of the work in the administrative rights of the country. Many incorrect administrative procedures have emerged, often due to a lack of understanding of the basic concepts and principles of public law knowledge. The existence of these alien judges with public rights is one of the most important issues facing the Administrative Justice Tribunal, and until such time as the problem is resolved, the Administrative Justice Court can not expect a change in administrative law. Therefore, the necessity of using expert judges and experts in the field of public law has been the usual demands of public law professors.

Due to the expansion of the international relations among countries, the Islamic States nowadays are forced to communicate and interact with the Islamic and non-Islamic states. Among the important and challenging issues is the explanation of the limits and the degree to which the Islamic State adheres to the international treaties in accordance with the jurisprudence of the international relations. Chapter 10 of the Constitution of the Islamic Republic of Iran, inferred from the Islamic jurisprudence and Sharia, emphasizes on the regulation of the country's foreign policy based on the Islamic standards and upon the rejection of all forms of domination, both the exertion of it and submission to it, and the maintenance of comprehensive independence and non-commitment to hegemonic powers and peaceful co-operation with non-belligerent states. In this line, the Islamic State may conclude agreements to protect the country's interests and to maintain active relations with other states, both Muslim and non-Muslim. The adherence and the principle of fidelity to the covenant are obligatory, even versus non-Muslim states, as long as they are bound by the treaty. However, by using the verse 58 of Surah Anfal, the jurists have cited the rule of Nabz during different eras, according to which as soon as they see the signs and evidences of betrayal by the infidels in a definite way and in cases where the other party commits conspiracies, the leader of the Islamic State may declare the treaty null and void. Implementing the Rule of Nabz provided with the conditions is binding based on the Book and Sunnah, Shiite and Sunni consensus, and the rational implication. In the present study, using a descriptive and analytical method, the position of the jurisprudential rule of "Nabz" in the jurisprudence of the international relations has been described and analyzed.

The idea of the necessity of setting a time limit for the election of certain people as representatives for different political positions has been recognized as one self-evident principle in systems of government based on democracy. Being influenced by the same idea, and extending the requirements of setting a time limit for political positions or offices to include a Muslim jurisprudent, some scholars maintain that it is necessary to set a time limit for the authority of a Muslim jurisprudent. The main arguments for the establishment and necessity of setting time limit for the authority of legal guardian come from the fear that any government, if continues to rule for a long period of time, may eventually lead to corruption. However, this accusation is denied of the Muslim jurisprudent altogether because the Constitution of the Islamic Republic of Iran, by laying down certain conditions such as ‘justice’ and ‘piety’ as stipulated in the articles 5 and 109 of the Constitution, in addition t0 the external supervision exerted by the Assembly of Experts of the Leadership, has set certain internal indexes for the appointment of a Muslim jurisprudent. These indexes are found to have no trace in other governmental systems of the world when the head of the state is going to be elected. On the other hand, leadership in the systems ruled by a Muslim jurisprudent is never a lifetime position and subject to the conditions and qualifications and bound with time, and as long as the conditions and qualifications set for the leadership persist, the Muslim jurisprudent will remain in his position. Furthermore, if the leader does not meet the conditions for leadership, or is known to have lost his necessary qualifications or competence as stipulated in the Constitution, the Assembly of the Experts is empowered to dismiss him and decide whom to be appointed as his immediate successor. Therefore, the arguments for the necessity of setting a time limit for the rule of the Muslim jurisprudent or a legal guardian can be taken as ‘negative proposition because of its subject being non-existing ab initio.’

The idea of separation of powers, in the light of the Appointment s’ theory and the Selection s’ theory of velayat-e faqih Certainly the idea of separation of powers as essential in politics recent centuries has been known as the standard to value political systems.The idea of fundamental rights in Iran, with formal adoption of the constitution it was proposed constitutional amendment. Constitution of the Islamic Republic of Iran, the idea is referred to as separation of powers. of opinions on leadership and the position of the separation of powers in the Islamic Republic of Iran recognized constitutional rights.

In the Muslim community, Unity principle is the foundation of all other principles and a fundamental pillar in all aspects of society that should manifest. The Islamic government, in this regard, has the task of creating a monotheistic society, and in addition to providing livelihoods and economics in the field of culture, it must actively play the vital role of guiding and providing the moral flourishing of society. Divine precepts taught by the government to citizens, government laws and commands of Allah and the rule of Islam as maximum performance in every aspect of the appearance and apparent in a society based on merit status and dignity of citizens bound and in the light of God's commandments is trying to increase the satisfaction of the Government. Adaptation and tolerance have been at the forefront, the education and preaching and guidance of the people have not been neglected, and the ruling power as the teacher of the Islamic community has a role to play. In order to secure the cultural rights of society by the state, it must be well executed and, in fact, the ultimate goal of the Islamic state, which is to enlighten human society and bring humanity to the position of blessed caliphate.</span> The Islamic Republic's Constitution, which covers the Imamiah jurisprudence and the traditions of Ahlul-Bayt (P.B.U.T), directly and indirectly, in various respects, has the duty of the Islamic government to create a conducive environment for the development of moral virtues based on faith, piety and struggle with all the manifestations of corruption and corruption and the securing of the cultural rights of the nation, it has emphasized that it can be seen in many Constitutions.

The Court of Administrative Justice in Iran, as one of the great achievements of the Islamic Revolution, has had a high and valuable position in the Iranian judicial system and has had a great impact on citizenship rights. Part of the citizenship rights of individuals in society is related to their rights in relation to government departments and organizations and public non-governmental organizations, which, due to the nature of government public rights, are on one side and there are private individuals on the other who defend their personal interests. They say that this inequality may lead to the violation of citizens' rights, so guaranteeing and protecting the public rights of citizens against and dealing with departments, governmental organizations and public non-governmental organizations in the law of organization and procedure of the Court of Administrative Justice is important in the jurisdiction of the Court of Administrative Justice. Is. Laws related to the organization and jurisdiction of the Administrative Justice Court have undergone various changes since the establishment of this institution, and the Law on the Organization and Procedure of the Administrative Justice Court was approved as the last will of the legislator in 2013. Revealing its shortcomings and weaknesses, the plan to amend articles of the Law on the Organization and Procedure of the Court of Administrative Justice has been announced in two stages in 2018 and 2021. Citizenship rights have been studied.