نشریه حقوق اداری
پیاپی 25 (زمستان 1399)

The PSM theory as one of the two main themes of modern government management is based on the schema. Among government agencies, the Ministry of the Interior, and especially the governorates, government agencies are specially governed, which should be exemplary in all managerial areas, and in particular in interaction with citizens. This study aimed to identify antecedents of public service motivation in government organizations. This study was a qualitative, quantitative and descriptive one based on the purpose of the study and the type of method. Data were collected through interview and content analysis techniques. And a little tool is a questionnaire. The statistical population, including experts, was selected through purposive sampling.The results showed that individual factors with sub-themes (values ​​and religious tendencies, ethical tendencies, nationalistic tendencies, collectivistic tendencies, demographics, personality traits), organizational factors with sub-themes (positive organizational experience, decent organization). , Organizational Career Leadership, Humanistic Job Design, Virtue-Based Organization, Goals, Organizational Values ​​and Expectations, Community-Based Organizations) and Sub-themes (Growth in Religious Social Environment, Social Learning, Family Culture), The antecedents are the motivation for public service in government organizations.

Administrative official’s abuse of power and error are types of illegality as one of the causes of judicial review in the legal systems of England, France and Iran, that in which an official, despite the legal power and action within its jurisdiction and in accordance with the appearance of the law, but he breaks the law within his jurisdiction; therefore, the content of the decision, its motive and purpose must be examined. The important issue in this research is that, given the unitary basis of these two concepts in judicial review, how can a judicial reviewer makes difference between these two concepts in the context of judicial review. It seems to distinguish between these two concepts through judicial review, it is necessary to consider the definitions of these concepts; in this research by descriptive –analytical review method and comparative study, these two concepts were studied in the legal systems of England, France and Iran and in conclusion the difference between the two concepts in judicial review are resulted from conceptual differences;  in this way that one of the essential elements in the abuse of power is the failure to fulfill the intended purpose of the legislator, despite the knowledge of the goal of the legislator and the deliberate failure to implement it; Now, what is its purpose and motive for providing personal interests such as private gain, third party benefit ,or for personal retaliation or for the purpose of generating public benefit, but in error, the administrative official exercises this power in a non-purposeful manner, against the legislator intend, and believes that a strong suspicion of the correctness of his actions and the correctness of his imagination

In the legal system of our country, there are several organizations in the field of public administration, each of which is in charge of performing some public services. The municipality, as a non-governmental public institution, is also one of these organizations, which, despite its duties and goals, has a number of characteristics, privileges and authorities that make it superior to other institutions in charge of public affairs. It distinguishes. Municipalities and local governments need funding, both to cover their current expenses and to finance development projects. One way to accelerate economic development and job creation in cities is to attract capital and investment. Attracting investors should be done using a variety of scientific and experimental skills. In a place such as a municipality, where the implementation of development projects and the provision of urban services is of particular importance and priority, the release of capital resources for the implementation of these projects requires less resources to be spent on construction or purchase of real estate. Municipalities today play a decisive role in peoplechr('39')s lives by fulfilling a wide variety of competencies, such as performing public affairs and services by concluding public contracts. But despite this considerable position, the status and legal framework of public contracts in the field of partnerships and investment in municipal projects in our legal system is not exactly clear. This makes it necessary to study and explain the status and legal system of such contracts. The purpose of this study is to investigate the requirements governing participation in municipalities, explain the principles governing participation contracts and finally refer to some participation contracts in municipalities.

Due to the importance of judicial procedure in the sources of law and the limited attention to the rulings of the Supreme Court in the studies of Administrative law, this paper reads and analyzes Unification Judgment of Supreme Court  No. 792 of the General Assembly of the Supreme Court dated 24/4/99. The branch of the Administrative Justice court is considered competent to hear the final lawsuit of the Regional Water Company as an executive body against the final decision of the Commission for the Management of Groundwater. After a brief review of the case file, in this article documents and evidence of judges of The Supreme Court for the ruling have been investigated and the effects of this ruling on Iranian administrative law has been dealt with. In terms of legal implications, the recent ruling has led to the development of the jurisdiction of the Administrative Justice court in the scope of plaintiffs which the authors see it in line with the principle of priority of public interest, the protection of water resources and specialized handling of administrative lawsuits.

The new generation of Iranian oil contracts (IPC) in 2015, after its general terms were approved by the government, was unveiled, introduced and reviewed in two stages. Developers of the general terms of IPC, citing that current patterns of service contracts, including the third generation of Buy Back Service Contracts, do not meet the current needs of the petroleum industry and are not conducive to attract investors. The developers announced the most important goals for IPC: The need for a long-term presence contractor or investor in production phase of the fields, thereby guaranteeing the quality and quantity of the contractorchr('39')s activities, The need to establish a direct relationship between the contractorchr('39')s wage and the amount of oil or gas produced and, consequently, the realization of a sentimental perception, The prediction of technology transfer during the production phase and the direct linkage between the type of technology used and the contractorchr('39')s wage due to the impact on the maximization and most efficient harvesting of fields and the realization of the win-win strategy. The new contractual model faces ambiguities and disadvantages, for example:  Conflict of this pattern with the governmentchr('39')s sovereignty over oil and gas resources, The danger of alien domination over the countrychr('39')s oil interests due to long-term and other predicted conditions in public terms, The erosion of public ownership of oil and gas fields, The similarity of some of the provisions of the new model with the score and therefore its prohibition, Prohibition of the transfer of public ownership of oil and gas fields to the private sector and uncertainty about the transfer of technology to the long-term presence of a foreign contractor during production phase. These criticisms of the opponents of this contractual model are interpreted as contradictory to the constitutional principles. In this paper, we will try to identify, by specifying the relevant laws and examination of the criticisms, that none of the above items is in conflict with the principles and provisions of the constitution. And Most of the suggestions or objections raised are from the perspective of managerial interests and provide maximum benefits in terms of management and executive management. The results of the study indicate that the new contractual model (IPC) do not conflict with the fundamental principles of the constitution of the Islamic Republic of Iran

The expandation of cyberspace has led to the proliferation of tools and releasing audio and video areeasier than before, and governments are required to monitor and administrative police to protect the rights of citizens and public order. Applying this oversight requires a legislative stipulation, and only an institution can monitor the dissemination of audio and video in cyberspace, which has been granted by the legislature or another competent body. According to the findings of this study, in order to determine the supervisory body in this field, it is necessary to separate the publication of audio and video that has the attribute of "pervasive". Non-pervasive publishing is also overseen by the Virtual Business Association, which is authorized to issue licenses for these activities. Of course, it seems that the monitoring of virtual activities should be applied retroactively, and the government should enter into the issue and exercise sovereignty only in the event of a crime or violation. Also, the use of the capacity of the jury and non-governmental organizations for optimal supervision in this field can be considered by the legislators in this field.

Considering that in recent years, cases of lack of knowledge resources in organizations have been reported, so in this study with the aim of identifying the components of talent management by emphasizing the sustainability of knowledge resources using a hybrid approach to review qualitative studies conducted in the field of talent management. And the permanence of knowledge resources between 1390 to 1398 and English articles between 2000 to 2020. In this regard, after searching in valid scientific databases and extracting 31 related researches and reviewing them using expertschr('39') opinions, finally 62 codes, 32 concepts and 4 categories in the talent management section were identified with emphasis on the permanence of knowledge resources. Then, the importance and priority of each code was determined using Shannon entropy. The results showed that the components of talent management affecting the sustainability of knowledge resources include extra-organizational factors (external environment), job factors (job independence, job security, job fit, empowerment, job satisfaction, job enrichment and job position), individual factors (individual characteristics, Work ethic, employee morale and individual skills), and organizational factors (organizational flexibility, strategic goals, organizational brand, reward productivity, payroll and organizational commitment) are among which organizational and job components have the greatest impact on talent management with emphasis on sustainability. They had sources of knowledge.

Objection and revision of the opinions of the disciplinary authorities of the securities market law are subject to criticism according to the current regulations. The primary law enforcement authority in the said law, the board of directors and the verdict shall be revised by the board of directors of the organization. Some cases, including the assignment of the first review of the violation of the CEO and members of the board of directors of the other organs of the self-governing body to the "board of directors of the organization" in accordance with the rules and removal of the review of these votes and the initial consideration of the committee and the panel in cases where the accused members of the offense Self-governing organizations are not in violation of the Market Act, However, allocation should, if necessary, be in accordance with the law, not the regulations. The Verdict of unity of procedure of the Administrative Justice Court has denied the possibility of complaining of definitive disciplinary votes in the Administrative Justice Court; This is in accordance with the principle of the jurisdiction of the Administrative Justice Court as a general reference to complaints from the opinions of the administrative authorities and the Act of the Administrative Justice Court and the nature of the disciplinary proceedings of these references contrary to the need for judicial review of the Court.

Legal supervision of the acts of the executive and legislative branches of the Guardian Council sole responsibility based on the principle quarter constitution. One of the ways to achieve this principle, contrary to the Act petition the court to excuse the executive branch with the guardians of the basic principles of Islam Act. the Guardian Council responding to inquiries court, in conformity with the essential form of entry is refused cases referred to. While the law has explicitly specify the jurisdiction of each entity, but remaining so vague and clear Nyst. shvray guard correspondence with the Court over the years has done, fill the vacuum and historical Ast. Hence it is facing the correct information from the form will pave the way for fair justice

One of the main tasks of governments is to implement policy. Governments have a variety of responsibilities under the law. However, due to the fact that in some cases, they do not enter or should not enter, some of them delegate those tasks to other departments at their own discretion. Governments try to assume a managerial role by setting rules and regulations and formulating policies. Skills training courses are the key to sustainable development in any country and at present its special importance is not hidden from anyone. In our country, training providers and those in charge of skills and technical training at various levels are very diverse and extensive. Existence of a coherent and dynamic system in the field of training and vocational training courses with a coordinating institution is one of the requirements for quality assurance and promotion of its position in the country. Despite emphasizing its position and also forming a coordinating institution, forming a system. Proportionally efficient, it seems necessary. This study aims to review the policy-making institutions and policy-makers in the field of skills training courses, seeks to describe their current situation and prioritize policy-making institutions and agencies in this field. And in terms of how to collect data is a descriptive survey type. Delphi technique and t-test were used to rank the institutions. The results of this study indicate that among all the studied institutions, seven policy-making institutions affecting skill training courses in the country were determined from the perspective of experts.

According to the principle of the proportionality of the crime and punishment, as one of the principles governing the imposition of penalties in criminal law and extending it to the field of administrative offenses,   Administrative   offenses Trial boards    must respect the proportion between offense   and   punishment   for   offending   employees. The proportionality between offense and punishment requires classifying administrative offenses and, given severe punishment   According to the   severity of their harmful consequences, otherwise, the light punishment for each offense, but in Articles 8 and 9 of the Administrative offenses  Trial  Law     the types of administrative offenses and penalties are counted  without giving them a classification and without determining the appropriate penalties for each offense, and this defect can lead to incorrect and unjustly exercising the powers of the boards in determining  the minimum and Maximum penalties and consequently lead to non-compliance with the principle of proportionality. Article 21 of the Executive Code of the Administrative OffensesTrial law does not remedy the defect of the law   as   well   and   because  not provide a classification of administrative offenses and not imposing appropriate penalties for any offense. In this letter, while expressing the necessity of concluding the principle of proportionality of the offense And penalt for administrative offenses, the status and defects of the Administrative offenses  Trial  Law   , and related regulations respecting the  principle of proportionality the way to establish a proportion between offenses and penalties, and corrective remedies in this regard are discussed.