نشریه پژوهش های نوین حقوق اداری
پیاپی 4 (پاییز 1399)

Today, the right to property is not an absolute right, and the legislature can, for some reason, impose restrictions on the right to property. For example, the requirements of the public interest in the protection of the country's cultural heritage can impose restrictions on the right to property of individuals. The government's registration of people's property in the National monuments list has several legal implications, including the rights and obligations of the owners. In Iran, we are witnessing various and scattered laws and regulations in the field of protection and registration of historical monuments and their legal monuments and so far, no independent research has been done in our country on the rights and duties of private owners of registered monuments. In this paper, this question has been answered using descriptive-analytical research method and library data collection method that what are the rights and obligations of private owners of registered monuments? After registering a monument on the National monuments list, it has received numerous legal protections, including physical and technical protection, and a variety of legal protections, as well as rights, obligations, and restrictions for private owners and occupiers, including protection, restoration, and transfer.

The idea of the rule of law is a cornerstone of public law in the field of constitutional law and administrative law and has its application. This idea, in addition to its formal and substantive components, means the legitimacy of all decisions and powers of administrative and political officials. However, one of the exceptions to the rule of law is the exceptional circumstances in which, in certain critical situations, the application of the law is suspended and shaken and does not have the quality of implementation under normal circumstances. The main question in the present article is what are the views and perceptions of the exceptional conditions of the constitutional experts in the special period of suspension and emergency of 1979? The Basic Laws adopted the Ninth, Sixty-eighth, Seventy-eighth and Seventy-ninth Principles with the content of exceptional conditions. The authors have come to a descriptive-analytical conclusion that although there were wide-ranging readings with positions of restriction of human rights and freedoms in the Constituent Assembly, the final and majority attitude of constitutional experts is to accept exceptional conditions at different times with a reasonable approach. And he was disciplined.

Documented in paragraph 10 of article 3 of the Constitution, establishing a proper administrative system is one of the issues considered by the system of the Islamic Republic of Iran. Undoubtedly one of the most important components of a proper administrative system is prevention of legal anomalies in the executive organs or appropriate and efficient approach with them that ensures the health of the administrative system. In order to achieve this goal, in the Iranian administrative system, in addition to preparing external monitoring, various inter-organizational monitoring methods have been proposed to ensure the proper implementation of laws in the executive organs. In the form of descriptive-analytical research and by pathologizing the status of "Legal" and “Investigation of Administrative Offenses" Units As two effective sources to ensure the rule of law in the organs, It was concluded that the lack of organizational and functional independence for these two units has made it impossible for such units to be effective in performing their duties. Therefore, it was suggested that by redesigning the administrative system of the country, "legal" and “investigation of administrative offenses" units be placed structurally under the Ministry of Justice or the Legal Vice President and be located in the relevant agencies. Obese perspective, anticipating the possibility of proposing a legal deputy or members of administrative misconduct committees by the highest executive to the Minister of Justice or the legal vice president and appointing them can help them coordinate more closely with the executive.

One of the types of employment in executive organizations is through the buying service contract. The terms and conditions governing on this contract and how to employment situation transform are considered issues of employment law in Iran. Higher Salaries, Benefits, and Job Stability Formal Employment and Contractual Provide Highly craze for Contract Employees in transforming the employment situation. Therefore, one of the most repeated cases in the Administrative Justice Court is this issue. This Article analyzes the rules and regulations of the Buying Service Contract, after reviewing sources such as books and legal articles, acts and regulations, and the judgments of the Administrative Justice Court. And it has answered the question that can anyone who is employed as a buy in service apply for employment situation transform? The answer that can be made is that the situation can be changed only for those who have been employed in accordance with the "Coordination Guidelines for the Use of Human Services Required by the State Apparatus". And in other cases where people have been hired to buying service, it is not possible to turn the situation into contractual employment.

Administrative police as a concept for maintaining public order was born in French law to secure public security, public health, public tranquility and human dignity. Considering it as a guarantee for rights and freedoms and hence the internal peace in the society would be no exaggeration. It is of great importance to exert judicial control over administrative police’s actions and decisions. The importance is more obvious hereon due to its administrative responsibility and narrowing the scope of rights and freedoms while exercising police authority.Studying the verdicts of French Council of State (Conseil d'État ) and content analysis both reveal that incompetence (subjective, territorial and temporal), non-adherence to administrative procedures or violating defense rights are some reasons that may cause the annulation of decisions. Proportionality as a well-shaped principle provides proper criteria for evaluating legality by deliberating the existence of potential threat for public order and the necessity of decisions.

Essence of administrative proceedings in Iran: proceedings in the administration or proceedings on the administrationAbstractIn Iranian law, administrative proceedings are not very well known among the types of proceedings, which is why it is important to produce literature in this regard. The first thing about administrative litigation is to explain its meaning. What is meant by administrative litigation and what is this type of litigation overseeing is the main focus of this article.. In the existing literature, some have defined it as a well-known and precise concept without definition, and some authors have defined it as well. Has reviewed and critiqued its definitions It has also provided ten definitions and concepts, and it is believed that the administrative proceedings are essentially Darcy's administration and are subject to review by quasi-judicial authorities and the Court of Administrative Justice.Keywords: Administrative Procedure, Administrative Justice Court, Quasi-Judicial Authorities, Proceedings in the administration . Proceedings on the administration