نشریه حقوق اداری
پیاپی 10 (بهار و تابستان 1395)

Government in Iran is a simple- extensive- government in terms of inner structure in which, there is a bureaucracy and administrative centralization in addition to political centralization. This centralization could be extended to the authorization of ruling officials in addition to the political structure as defined in the constitutional law. This topic (extensive) is attributed to state-governments that have a single political performance center. Political power in the universality and series of its authorization and duties is exercised by the entity of a legal unit- which is the extensive state-government; wherein, the texture of power is undividable with no quality to disintegration. Obviously, de localisation is not realized by mere issuance of by-law and circulars; rather, this can be achieved through exercising the principles that govern public services, enforcing legal duties of the government as set forth in the Constitution in addressing de localisation… o far, many plans have been launched and in some cases implemented by the government to reduce centralization by transferring institutions from Tehran; for example, the plan to transfer civil employees from Tehran, plan for transferring governmental organizations from Tehran, teleworking….however in practice, none of those plans have been so far able to serve as a universal and holistic plan to reduce centralization in capital city. This research is a meta-legal and inter-disciplinary subject; and removing density of Tehran (de localisation) is one of the rare legal, managerial and sociological issues almost all experts have consensus on its necessary; and, if there is a difference in view, it is solely on the practice method.

When Article 174 of the constitution, determined supervision over “the Affairs process goodness” as GIO's responsibility, one of the first questions, raised in the Constitution Experts Parliament, was; “what does the Affairs process goodness mean?” Despite the issues raised in the Constitution Experts Parliament, Correspondences between GIO and the Guardian Council and seminars GIO performed the ambiguity in the meaning of “The Affairs Process Goodness” remains. The author believes; The knowledge, makes it possible to clarify the meaning of “The Affairs Process Goodness”, is the semantics. Hence in this article, after a brief history of the issue, Causes of ambiguity in "the Affairs Process Goodness”, its terminology, ontology, semantics will be investigated. After presentation of the semantics-based commentary, the methodology of its parameters determining will be discussed by utilizing the commentary. Generally the issues of the article and especially the issues of section "The Affairs Process Goodness" is based on philosophical and semantics methods which are imulated from the apanese orientalist’s books “God and an in the oran ” and the book “the Concept of Belief in Islamic Theology”, to clarify the meaning of this task of the GIO and overcome the poverty of the issues literature.

According to article 106 of Constitution, the authorities that have jurisdiction in respect of the dissolution of the local councils, are: An authority that detects the deviation that leads to the dissolution and the authority that handles the objection to the dissolution. The first authority can be either judicial or quasi-judicial. But, by virtue of the legislator initiative, the boards in charge of dispute resolution and complaints handling (the provincial and the central) are competent and suitable bodies for detecting the deviation of local councils from the statutory duties. However, according to Article 106 of Constitution, the “Competent court” is the entity that has jurisdiction to handle the objection to the dissolution. Due to legal precedent, the “competent court” is interpreted to public courts, but it seems that with regard to the expertise of the judges of Administrative Justice Court, this court will be more suitable authority for it.

Strike right is deemed as one of the primary element of labour relations puzzle, which has not been in its appropriate and proper status in Iran.
French and Italian legislators have legislated public staff strike right in their constitutions by persisting government right on “continuity of authority” as well as stakeholders and consumers’ right to “continuity of public services” with more legal binding element (such as constitution) have recognized strike right in their constitutions. While Germans by relying on jurisdictions, have denied the strike right for civil servants and embraced it for contract staff of public sector and have attempted to find a rational approach to hampering their social tensions. In Iran, despite missing elements which exist concerning strike right in public and private sectors of Iran’s legal system; contrary to common conception, Administrative Delinquencies Act (clause 33) directly recognizes legal strike right for civil servants and staff. In this regard, the author tries to find a conciliation pattern concerning the aforesaid right and a law for removing problems regarding mass strikes in public sector through attributive studies of procedures and Internal and External laws. In this paper, research method is a comparative study of laws and judicial procedures through descriptive –analytical approach. Accordingly, the author first describes the point through incidents sources, and judicial resolutions, then identifies and analyzes similarities and differences of various approaches; finally, new proposals are introduced.

Nowadays, the most paramount features of administrative laws are providing and offering public services. Public service which is considered to be in the event of satisfying public interests is the goal of administrative laws. Some people believe that the legitimation of the government is related to the extent of public service's accomplishment. The concept of public services has been transformed during different periods; however, the concept has remained as the spirit and the inspiration for administrative laws. The development of the theory of public services was in France's judicial procedures. The issued votes have caused the confirmation and sustainability of this theory but different perceptions have been drawn from the concept of the principles of public services and the lawyers have raised doubts about some of the principles. Some of the principles of public services such as being equal and free of cost have been explicitly stated in Iran’s constitution and the principles of equality and the prohibition of false explanation have been identified in judicial procedures of Iran’s administrative justice court according to the constitution.

“Regulation” is a phrase which entered into human sciences literature from the 1960s onwards in which the union of two disciplines: law & economy. In a plain legal concept,” Regulatory” can be interpreted as using legal instruments to achieve economic ends. Therefore, the interaction of law and economics is of special importance. In the shadow of the legislative body, such interaction in the economic sphere, but in a certain way decreases the rise.
This article tries to answer to the main question is: The regulator state is faced with which challenges in the field of National Refining and Distribution Company? In response to this question, using descriptive-analytic method is tried in three parts: “Description of the National Refining and Distribution Company, obstacles of regulator state, and challenges of privatization of subsidiary of the National Oil Refining and Distribution Company”.
The result of this research is that the privatization process in the subsidiaries of the National Oil Refining and Distribution Company faced with various constraints, challenges and obstacles both theoretical and practical.