فهرست مطالب

فصلنامه دانش ارزیابی
پیاپی 34 (زمستان 1396)

  • تاریخ انتشار: 1396/12/20
  • تعداد عناوین: 8
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  • Ali Ahmadi Pages 7-30
    "Special crimes against state employees" are the crimes committing of which in addition to the general conditions needs two other conditions. To commit by a state employee, and commit a crime related to his administrative duties. Embezzlement in criminal law is among the crimes against property as well as aspects of crimes against public comfort. The definition of embezzlement is as follows: "Takeover, with the misconduct, of the property of the state or persons, by the state employee, which he has been the charge of duty, in order to take advantage for himself or others." According to this definition, the nature and characteristics of the perpetrator, the deposit of property in terms of duty, seizure, possession of special misconduct in committing a crime, the possession of the property to the state, and creating a loss to the state, are among the essential elements of the embezzlement. Despite the intensification of the punishment for perpetrators of the embezzlement crime, the perpetration of it continues to be widespread. Article 5 of the law on the intensification of the punishment for perpetrators of bribery and embezzlement and fraud, passed in 1988 in Expediency Council is still enforced as a legal element for the crime of embezzlement. Whenever the perpetrator would return the money or embezzlement property at the time of the trial and before issuing a final verdict, the court will exempt him from all or part of the fine, and suspend the execution of his imprisonment.
    Keywords: embezzlement, crime, state employees, seizure, mistreatment, his interest, creating the loss
  • Abdolah tabibi, Ayat bagheriAbdolah tabibi Pages 31-59
    With increasing involvement of the state in various sectors of the society in order to supply goods and services, and to distribute wealth and income, followed by the dependence of citizens on public and public institutions, a broad bureaucracy was created, and the so-called governments became larger. The scope of civil rights and the growing interference of governments have in practice created limits on at least four areas of crime, civil disputes, economic control and social security for the liberation of individuals and groups, which varies according to the political philosophy of states. This has increased the fear of violations of the rights of citizens by powerful government agencies. Thus, in recent years, various mechanisms have been created to defend the rights of citizens against widespread and long-standing public institutions, one of which is the creation of Ombudsman institutions in different countries of the world. The Ombudsman has a duty to review and inspect violations of the rights of individuals by the government or institutions and companies as a public representative. It is evolving and transforming in line with the evolution of our society. In this paper, the indicators of the effect
    Keywords: Ombudsman, independence, impartiality, fairness, immunity, Confidentiality
  • Dr Mohammad Javad Haghshenas Pages 61-88
    In spite of the contributions that donors provide for developing countries to improve their status in development indicators, there is a significant difference between the amount of these contributions and the performance of governments in this field. Therefore, this key question arises: Can guidelines contribute to integrity promotion in this area? If there is a positive answer to the question, what should be considered in this guideline and what changes should be made to the legal framework of the Donors Organizations? Prepared by the Organization for Economic Co-operation and Development, This study seeks to answer these questions. Its Method is based on surveys and interview with representatives of related organizations. Findings show that a new guideline is necessary for development Donors Moreover, in order to design a new guideline, significant changes should apply to the professional ethics, monitoring and risk management in these organizations.
    Keywords: Organization for Economic Co-operation, Development, International Donors, Integrity, Code of Conduct, Risk Management
  • Abolfazl khamseh, Morteza Arablou Pages 89-100
    The members of society act and react according to their perception of corruption in society. Therefore, a way for measuring corruption is a method based on measuring the perception of corruption. This article uses a questionnaire to collect information about the perception of corruption among employees of Zanjan Tejarat Bank and describes and analyzes the responses and the following results have been obtained: Corruptions such as bribery are still hated and badly seen among bank employees, and 76 percent of the employees who participated in the survey believe approximately there is no bribe. 86 percent of respondents think that there is a discrimination in perform of official procedures, but half of those people say it is low. 91 percent believe that there is no personal interest in using bank assets and career opportunities or it's at a low level, and 69 percent think that meritocracy in employing and upgrading people is almost considered or ignorance is at a low level. In the opinion of 73 percent of the respondents, the bank had a high and significant success in identifying corruption and 74 percent of the participants stated that punishment of identified transgressions and crimes was fine and significant and finally, 62 percent of respondents think that the coordination between merit and receipts in salaries and benefits is not respected that this perception is an alarm for the managers of the bank to create job satisfaction and relaxation and motivation for employees to work.
    Keywords: Corruption, Perception of Corruption, Survey, Measuring, Tejarat Bank of Zanjan
  • dr.Ebrahim Rahimi, Saeed ostovar Pages 101-114
    An administrative system is a tool for responding to developments at the national and international levels, and administrative health benefits the organization and economic, social and cultural development. The purpose of this study is to investigate the effect of the implementation of the SIMAC plan on the administrative health system. The method used in this research is descriptive-survey and using a researcher-made questionnaire and distributed among 30 employees of the governorate of Savojbolagh and its subsidiary districts. The results indicate that the implementation of the Simaq plan has had a positive impact on the administrative health system. By implementing the Simaq plan, in addition to creating a single electronic case and accessible to all devices, the issuance of the necessary permits while preventing land degradation, mountain bogging, invasions of natural resources and the environment will lead to the improvement of administrative health.
    Keywords: administrative system, administrative system health, administrative corruption, Simaq plan
  • Omid Mohammadi, Ali Akbar Mohammadi Pages 115-134
    One of the areas upon which City Councils approve illegal fees and Municipals, accordingly, obtain such funds is for order changes. The main arguments for the illegitimacy of these approvals are: Contradiction with rules and regulations ( article 5 of Supreme Council for Urbanization and Architecture, article 100 of municipal rules, laws on how to purchase and possess individuals’ lands in public development projects, article 71 of the laws on organization, duties, and authorities of Islamic Councils; detournement de pouvoir (Ultra Vires) all confirm illegitimacy of imposing fees for order changes in different verdicts issued by the general board of Administrative Justice Court. The present paper intends to demonstrate that assigning such fees are against the rules and regulations, contrary to the principles available to determine the municipal taxes, inconsistent with verdicts of the general board of Administrative Justice Court, contrary to the government’s public policies, and the religious laws as well. An alternative solution for not receiving illegal fees from citizens is adopting legal actions by prosecuting attorneys, exercising article 121 of the Administrative justice Court‘s code through its chairman. Anticipation of enacting a Unified Judicial Precedent in cases of differing votes issued by its general board in forthcoming amendments of the Administrative justice court’s code.
    Keywords: Councils_Municipalities_municipal (real estate) fees_order changes_value-added_article 5 of Supreme Council for Urbanizationand Architecture
  • Alina Mungiu Pippidi Translator: Hosseinali Yarokhi Joshghani Pages 135-156
    The main research question addressed in this paper is how control of corruption has been built historically and what lessons we can derive from this for current anti-corruption policies. Corruption is defined here not at the individual level—undue profit from abuse of public authority—but at the societal level, as a governance regime. A governance regime is a salient and stable set of institutions (rules of the game) determining who gets what in a given society.
    Keywords: corruption, governance regime, ethical universalism, favoritism, republicanism