نشریه حقوق اداری
پیاپی 28 (پاییز 1400)

The role of Land Registration (L.R) in providing legal security is undeniable, but L.R, without reliance on the cadastre, fails to play this inherent role fully. Registration of property rights is known to be a fundamental element in alleviating poverty, securing a secure real estate market and achieving sustainable development. Increasing population growth, horizontal and vertical development of cities, social inequalities and environmental damage have necessitated a rethinking of past regulatory tools in the field of land and its management. Effective land management requires a spatial information infrastructure, and information principals is provided by the cadastral system of a country. Today, the reorganization of Cadastral systems and their continuous evolution for optimal land management and dealing with the mentioned phenomena is inevitable. cadastre is influenced by the dynamics of the human relation with the earth, evolving over time conceptually as well as the relationship with the L.R. The transformation of cadastre from a technical tool into a socio-technical system and their convergence towards full integration is the result of this dynamic. The study of these developments and the interrelationship between L.R and cadastre in Iran and France is the subject of the present study, which is done by analytical-critical method and shows that the convergence of the two institutions in the studied countries has been achieved as "Full integration" and "Interrelationship", respectively. However, in terms of success in achieving the goals, the two countries are not on the same level.

Undoubtedly, despite the gap of shortcomings, conciseness and conflict of laws, judicial interpretation is inevitable and accepted in all legal systems. In such a way that the interpretive jurisdiction of judicial authorities should be based on the principles and rules set forth in the constitution so that we do not see multiple procedures in applying the sentence to the subject, therefore, protection of the constitution as the most fundamental law governing the system The legal framework of each country requires the means of control in a lawful manner, and the mechanisms for the participation of such an institution in the process of establishing administrative rights are also realized as a tool for constitutional oversight of government regulations and further enhancing the process of constitutional protection. Find. The purpose of this article, considering the close and significant relationship between administrative law and constitutional law, is how to standardize the judicial interpretation based on the constitution and provide applicable rules based on the principles governing public law, especially administrative law in the Islamic Republic of Iran. Considering the important issue of this article about the role of judicial interpretation of the Constitution in the light of the principles and rules governing administrative law to protect the constitution and the basic administrative law, the results of this article show that the key role of administrative law in general and institutions And the administrative courts, in particular, are well manifested in the realization, provision and guarantee of the fundamental values ​​of dictatorship and through the fundamentalization of administrative law in the position of judicial interpretation in terms of the principles and rules governing administrative law. Therefore, the present paper has been processed by descriptive and analytical methods, using documentary and library sources, focusing on the legal approach to the issue of judicial interpretation of the Constitution.

Corruption is a major obstacle to economic development in the 20-year vision of the system. This article has investigated the level and causes of corruption in governmental organizations of Kurdistan province with criminological approach. Inspired by theoretical approaches, it was developed the theories at three levels of macro, median and micro for explanation of corruption. This research was conducted in a quantitative approach by survey method in 2017. It has used "perceived corruption" approach to measuring of variables. The data collected using questionnaire from 242 citizens aged 25-64 years resident in Sanandaj, Saqez, Marivan, Bijar and Ghorveh who selected in multi-stage sampling methods. The questionnaire was verified through content validity, factor validity, and internal consistency. The data analysis was done in SPSS. The results showed that the incidence of corruption in governmental organizations is very high and statistically significant. As well, the variables of the weakness of external controls, the weakening of moral values, the much individualism, the economic inequality, the prevalence culture of corruption, not having hope for the future, and the weakness of internal controls are among the most important reasons for corruption. The multivariate analysis showed that the three variables of external controls, moral values ​​and inequality had the most effects on dependent variables and predicted approximately 71% of it changes. This research has a strong theoretical and empirical support and in order to deal with problem, has provided the solutions.

The present research studies the legal optimal (favorable) tax laws in light of the resistive economy. However, a clear definition of the optimal tax (favorable) has not been provided But at the same time, it can be an important principles such as transparency, using the pivotal justice, respond well to recognition, assessment and analysis, Principles that are the most important and fundamental basis for the formation of an optimal tax system. On the other hand, today the discourse of resistive economy requires special requirements that most of them have to achieve optimal tax system and formation. Resistive Economics, which today is considered as the most important macroeconomic orientation of the country itself, requires principles, indicators and important criteria which all of them have a particular connection with the tax issue and on the other hand, the realization of the optimal tax system, as well as the formation and implementation and realization of resistive economy policies, require clear and distinct requirements, the most important of which are Optimal government formation, Establish Local Taxes, The formation of a real private sector, Prevent tax evasion and … . The present study seeks to analyze, investigate, and evaluate the relationship between optimal (favorable) tax system and economic resistive in the framework of legal system of the Islamic Republic of Iran through descriptive-analytical method.

Public services is one of the most important and basic theories of Iranian administrative law and despite some developments in this field, it still retains its important and fundamental position in the Iranian administrative system. Now, about three decades have passed since the pursuit of market-oriented policies and the transformation of the Iranian public sector based on the principles of "new public management". Given that administrative law is inextricably linked to the history of government-market relations, and that the emergence of the concept of public services was essentially the product of an attitude toward the need for government intervention in the market and economic and social affairs, the question arises as to whether Will not the rule of market-oriented policies undermine public services, and in particular the universality of these services? To answer this question, while reviewing the concepts of market-oriented governance and public services, we have used two well-known frameworks to qualitatively assess the publicness of public services using the analytical-descriptive method. Accordingly, it has been proposed to re-engineer public services and the role of government in providing them, in line with newer theories such as new public services or the neo-webberian state, and compensatory policies should be adopted by then.

Professional ethics is the most important component of applied ethics that deals with ethical issues and provide methods and guidelines that specify tasks for individuals and professional groups. Professional ethics is a kind of ethical commitment and work conscience to any duty and responsibility. Professional ethics is one of the fields that is closely related to the values ​​and beliefs. In this article, while considering professional ethics, the effective role of Islamic values ​​in the oil industry is discussed, and then, by expressing values ​​as the essence of ethical principles, the solutions for institutionalizing professional ethics in the organization are presented. In this article, an attempt has been made to deal with this issue in a scientific way

Pivotal-neighborhood is based on "organizing and managing city affairs with the help of citizens living in neighborhood" and leads to faster resolution of urban issues and problems. According to this pattern, a local institution is formed from the gathering of representatives of the neighborhood. The institution is known in various cities as the "Shorayari" or the "Neighborhood Social Council". The aim of present study is to find the position of neighborhood management and neighborhood council in Iranian administrative law. Accordingly, the theory of decentralization was investigated and avoidance of centralized urban management and distribution of power at the neighborhoods were discussed under that theory. Also, the constitution, ordinary laws, judicial procedure and approach of the executive branch of the Islamic Republic of Iran were reviewed and the position of pivotal-neighborhood in them, was explained. In addition, in order to analyze the obstacles facing pivotal-neighborhood, the limitations of city councils as empowering centers to neighborhood councils were assessed. This article used a descriptive-analytical method and results showed that pivotal-neighborhood model and neighborhood councils have a strong support in legal ideas and constitutional of the Islamic Republic of Iran but its position in the ordinary laws and judicial procedure is not acceptable and over the years, it has not been able to prove its effectiveness. In the end, it was suggested that two measures be taken: First, the powers of city councils should be increased and integrated urban management should be formed. Secondly, the issue of neighborhood councils goes beyond the level of approvals of city councils and is approved by the Assembly as a law.

In case of annulment of the judgements of the administrative offenses trial boards by the administrative Justice Court or the Supreme Supervisory board, In order to prevent the violation of employee rights, the execution of the annulled judgement must be stopped.  After the issuance of a new judgement, if the accused is acquitted, all effects of the previous judgement will be removed and the employee will be in a position before the execution of the judgement and in penalties such as expulsion and dismissal from service the period of unemployment will be considered as part of the employee's service history and the salary of that period will be paid. In the event of a conviction of an employee, the effects of the previous judgement are generally annulled and the punishment prescribed in the new judgement must be applied.the findings of this study show that in cases of change or reduction of punishment in the new judgement and despite the need to restore the previous status, there are ambiguities about the conditions and how to remove the full effect of the previous judgement,  including how to count the period of unemployment as service and pay these days. Given the importance and impact of restoring the former status in the administrative and social position of the employee, the main question of the research is dedicated to the conditions and how to restore the former status of the employee after the annulment of the judgements of the administrative offenses trial boards. Accordingly, in the present study, the conditions and manner of restoration to the previous situation due to the annulment of the final judgements of the administrative offenses trial boards by the the administrative justice court and the the Supreme Supervisory board, using library and documentary sources and descriptive-analytical method are expressed.

Since the establishment of the Islamic republic of Iran Broadcasting organization (IRIB), no specific laws have been made regarding its legal nature under any of the applicable laws. Some of the laws of the country have vaguely referred to the legal nature of this important and influential entity which compares them with the structure and function of IRIB, The nature of this entity is compatible with both the nature of state-owned corporation and state institute at some time and in some cases with neither and in a period of time it is relatively compatible with the state institute. In spite of this ambiguity, the appropriate legal nature of the organization didn’t attention to it sufficiently in the drafts of law that have so far been considered by the Islamic parliament of Iran. Although the legal nature of this organization is a state institute under existing law, But Since all executive and governing bodies must have a certain legal nature in order to be governed and supervised, it is essential that this is also the case with broadcasting organization. Therefore, it is necessary to amend the existing laws, define a new and appropriate legal nature for this system and be finished all existing ambiguities.