نشریه حقوق اداری
پیاپی 29 (زمستان 1400)

With the expansion of the powers of the state, the idea of ​​"rule of law" has lost its former authority and function. This has made the development of new theories to legitimize administrative practices inevitable. The formation of the theory of "open administration" and the "principle of openness" is one of the most important theoretical efforts made by thinkers in the field of governance to justify the legitimacy of administrative actions in its new dimensions. This research, which is done by descriptive-analytical method and using library resources, seeks to introduce the existing literature on this principle. The findings of this study show that the principle of openness consists of two more detailed components including "transparency" and "participation". The realization of each of these two components requires conditions and preconditions that success in fulfilling them, leads to more acceptance of government regulations, improving the quality of regulations, increasing public satisfaction, strengthening public participation, prevention of corruption and in general The executive branch will function better.

A conflict of interest is a situation in which there is a potential capacity for impartiality in the decision or action of an official, manager or employee; In other words, a situation in which an individual or organization is faced with different interests, each of which can corrupt the right decision of that person or organization. Although conflict of interest does not necessarily mean corruption, it does mean creating conditions for corruption, and the individual or organization may be consciously or unknowingly engaged in a conflict of interest.
Conflicts of interest in politics are important because of the many slips they can cause. Therefore, any phenomenon that causes personal or group interests to take precedence over national interests in decision-making in any category of administrative responsibilities is a source of conflict of interest.
Conflicts of interest may arise from individual or institutional factors. In the Iranian legal system, conflict of interest has been considered not in the discussion of prevention but in some instances of conflict of interest with a criminal and criminal approach. And is in the pre-legislative stage.
There is a conflict of interest in all areas of public policy, especially in the field of administrative health, which has been evaluated by the field method (questionnaire) as one of the disadvantages of administrative health policies in the stages of development, implementation and monitoring. Indicates low administrative health and confirmation of the existence of conflict of interest in the stages of formulating, implementing and monitoring administrative health policies.

The Italian system is an exemple of Social-democracy; in this regime, Constitution focuses on the obligations of the State and citizens. In this paper with emphasis on the obligations of citizens towards public questions and with descriptive and analytic method, we try to answer the following question: What are the characteristics and the essence of the concept of “mandatory obligations of solidarity” of citizens in the Italian legal system and in the event of non-compliance with these citizenship duties, what problems occur? After the data analysis, we come to this conclusion the concept of “mandatory obligations of solidarity” of citizens towards the State and society is about obligation to participate in elections, duty to respect the Republic and the Constitution, to pay taxes, obligation to work and compulsory school education. Some of these duties are symbolic, but others are legally obligatory. In any case, in the event of non-compliance with the obligations of citizenship, the dissolution of society and State occurs. To prevent this, the State must spread the culture of citizenship duties. If imposing sanctions for non-compliance with these duties can be a solution in the short term, in the long runs this sanctioning attitude of the State alone cannot guarantee the unity of the people with the State.

This research article provides a native model of public oversight with the approach of recognizing situations and the quality of its effect on the health of the administrative system of the country(Iran). In order  to complete some aspects of previous researches conducted in the field of public oversight, The authors used an objective and fact-based approach using grounded theory guidelines, to illustrate some aspects neglected in previous researches. For this purpose, the researchers conducted 15 interviews with the administrative system experts who had both executive experience and scientific records in the field of public oversight and citizen control. After conducting interviews, the main concepts were extracted, consolidated, and analyzed using open, axial, and selective coding methods. Then, based on the goals and questions, and regarding the theoretical framework of the research, the native model of public oversight was provided, with an emphasis on recognizing situations and the quality of its effect on the health of the administrative system, including origins, affecting factors(both destructive and constructive), dimensions and strategies, and outcomes. According to the findings and in comparison to the theoretical basics and research records, all components of the model have been discussed in details. Finally, some applicable proposals have been presented in order to institutionalize public oversight on the administrative system, based on the results and discussions. As a major proposal, some measures should be taken to prevent destructive relationships between civic society and governors, in order to implement public oversight successfully and pave the way to improve administrative health.

According to the “Structure of Comprehensive Welfare and Social Security System Law” the social security system consists of three areas of insurance, protection and relief, or according to international institutions and the Laws of Development Programs, includes three general pillars of assistance, basic insurance and supplementary insurance. The insurance pillar is designed for stakeholder participation and the assistance pillar is designed for the government to provide assistance to the needy. Now, considering that the basis of the social security system, both in the participatory and non-participatory pillars, is based on controlling the economic and social risks of citizens and reducing or preventing the phenomenon of poverty and need, it is necessary to provide these benefits with maximum capacity. This category is cited in the insurance pillar by applying the principle of "social insurance protection" and is the basis in the assistance pillar. Therefore, the use of this term in the insurance pillar is a bit controversial. Because of excessive application will lead to interference of the insurance pillar in the assistance pillar and will disrupt the functions of the insurance pillar and reduce its efficiency. But how can the scope of application of this principle in the insurance pillar be determined to prevent this interference and its consequences? The present study intends to introduce the patterns of the multi- pillared social security system and express the differences of the insurance pillar of assistance, by mentioning examples of citing the principle of social insurance protection, to explain the scope of application of this principle in the insurance pillar.

Due to the unregulated transactions concluded in accordance with the simplification law, the Tax Administration has not been able to access the information of such documents, thereby despite the expiration of a long time, the relevant reports of transfer tax and the right to convey have not been prepared for many of those transactions. Here, a question arises that whether these types of transactions are subject to tax prescription? The majority of the High Council of tax distinguishes transfer tax from the right to convey, they argue that: A) Transfer tax is not included in the income taxes. B) The owners have not performed their duties in such transactions, and contrary to the right to convey, they assumed that the relevant transfers are not subject to prescription. This argument does not seem correct, given that, according to the Tax Law, none of them prevent prescription. This article is based on a descriptive-analytical method and it explains that there are two reasons implying transfer tax and the right to convey are not subject to prescription. A) The time period of prescription shall be determined from the maturity date, and under the simplification law the due date of this type of transaction is considered to be subsequent to the date of making the document, and it is unclear. B) The principle is that they are not subject to the prescription.

The present article can be considered as a new application in the field of management and the Islamic Revolution. This study has shown the practical effects of Islamic Revolution literacy at the organizational management level, which will increase productivity, facilitate rules and regulations in the form of administrative rights and civil rights, and will bring revolutionary managers to the system as a result. This research, which is a basic research of descriptive-exploratory type, is based on the method of "data foundation theorizing" in humanities studies, from the collection of statements of the Supreme Leader of the Revolution, the consequences of "Islamic Revolution literacy" for managers, appropriate to Research methodology and objectives are presented. The research, which seeks to identify and introduce the concepts, categories and meta-categories that have grown from within the data, has been studied using the statements of the Supreme Leader as a search engine until saturation is reached. From three types of coding (conceptualization) open, axial, selective, 84 codes and concepts, 24 categories and 6 meta-categories called causal, axial, intervening, strategic, contextual and consequential variables were obtained. Consequential factors of Islamic Revolution literacy in managers and officials of the system, including "revolutionary behavior", "practical behavior", "responsible behavior", "jihadist behavior", "firm behavior" were labeled "organizational knowledge" in government and governing organizations of the Islamic Revolution.

New public management is a new branch of management that has focused on promoting management science aspects. This idea is based on presenting new patterns to design frameworks in administrative system and achieving a developing administrative law. The main question that was raised and examined in this article is how the capacities and applicable models in the Iranian administrative system can be evaluated in order to apply the new public management model. In the Iranian administrative law system, the new public management doctrine can be seen at both levels of policy making and executive layer. For instance, the emphasis of the General Policies of Article 44 of the Iranian Constitution on the decentralization and privatization of the economy has not only stopped at the normative and regulatory stage, but has been extended to institutionalization. As the Competition Council is a clear example, it is an important actor in the development of new public management and market regulation. The executive level can be seen in administrative regulations, especially the Civil Service Management Act. Also, according to the third principle of the Constitution to creating a proper administrative system and eliminating unnecessary organization, understanding the new public management can lead to structural-normative reform in the Iranian administrative law system.

Public oversight capacity to detect, reduce and prevent administrative violations is one of the tools in the fight against organized corruption. The so-called "Lincoln Law" or the "False Claims Law" of 1863 has provided a successful experience in combating corruption by providing a supportive and encouraging platform. However, the recent parliamentary resolutions to whistle have been a precautionary look at the situation But we seek to explain the social nature of prevention in this law, a strategy that requires the government to actively involve citizens and activists and non-governmental organizations in participation. But the question that arises is, can this law have a religious basis? This research, which has been done by descriptive-analytical method, shows that the generalities of this law deal with the structures of traditional jurisprudence and Quranic and narrative evidences such as verses and narrations of commanding the good and forbidding the evil, as well as jurisprudential rules denying the mustache and maintaining expediency and respect. The property of the people corresponds Therefore, a legitimate hospital can be effective by relying on experts and supervising the results of global experiences and facilitating the relationship between the people and the government within the framework of upstream laws and documents in order to identify and reduce corruption and even prevention. Jurisprudential principles also confirm the legitimacy of allocating part of the treasury to encourage the return of looted funds from public property. And even higher, this law can create a kind of commercialization in order to prevent administrative crimes. As a result, it seems that this law, with amendments, has the ability to be the founder of an institution to combat and prevent corruption in the current situation in the country.

Granting legal personality and decision-making authority to local institutions is one of the most important elements of democracy, and "decentralization" has been accepted by various countries as one of the methods of governing with the aim of dismantling power and responding to local needs and concerns. In this regard, the Constitution of the Islamic Republic of Iran has recognized "Islamic Councils" in Article 7 and Chapter 7 of the Constitution and has delegated its duties and powers to the Islamic Consultative Assembly. Accordingly, in accordance with the law on the organization, duties and elections of the Islamic councils of the country and the election of mayors, various duties and powers were foreseen, including the imposition of tolls for these councils. Although tolls were enacted in several other laws, the meaning and scope of councils' authority were never specified. This ambiguity in the legal basis, the concept and scope of tolls and tolls in excess of density as one of the most important examples of tolls approved by the councils, has led to a dual approach of the Court of Administrative Justice in this regard. Therefore, the present article uses the descriptive-analytical method to reach the approach that, firstly, the ruling law in the field of tolls is the VAT law approved in 1387, which has only granted new local tolls to the councils and nothing else. Second, the imposition of tolls "Excess permitted density" by councils is against the law.

Since the approval of the bill on Investigation traffic violations since 2010, the challenge of whether or not it is necessary to register an official document of vehicle  in notaries has been seriously raised And the law enforcement force has sometimes Provoked this challenge by suggesting that it is not necessary to refer to notaries and the adequacy of the green leaf issued by the license plate change centers; With the ruling of the Administrative Court of Justice in March 2020, this challenge has been raised more seriously than before, so that vehicle owners consider themselves without the need to register a document in notaries. This research tries to answer this question by using descriptive-analytical method and collecting information in the form of library and documents that what are the legal and judicial challenges and solutions related to official document of the vehicle? The conclusion of the article is that: 1. According to Article 29 of the Law on Investigation of Traffic Violations, Approved 2010 and the Law on Value Added Tax, Approved 2021, it is mandatory to prepare and register an official vehicle document in notaries. 2. The rules and regulations regarding the costs of official registration of vehicle transaction in notaries do not facilitate the preparation and registration of official documents, at least for the poor. 3.The first, second and second parts of the third paragraph of the decision of the General Assembly of the Administrative Court of Justice are also contrary to Article 29 of the Law on Investigation of Driving Violations and subsequently contrary to Article 1287 of the Civil Code and Public Order due to the suspension of tax and registration laws and internal conflicts However, the first part of the third paragraph of the General Assembly's decision ensure and protect the rights of citizenship (the right of delegation as a civil right) and is in accordance with legal principles and Articles 656 et seq. Of the Civil Code.