نشریه پژوهش های نوین حقوق اداری
پیاپی 10 (بهار 1401)

The idea of social investment has transformed and revised approaches to the scope and nature of welfare state interventions, particularly in the field of social security. In the past, the tendency towards privatization and regulation within the framework of neoliberal approaches to the social security system has led the advanced welfare state to reduce social security interventions, protections and benefits. The idea of replacing social security with social investment does not seem to provide all citizens with sufficient protection in the face of poverty and affects access to the right to social security. Providing immediate, sufficient, and comprehensive support that provides universal access to a minimum of resources requires a return to the distributive logic of social security and in continuation the determination of the limits and role of state in this area. In this study, with the aim of achieving the desired model of state interventions in the field of social security by a descriptive-analytical method, looking at the shortcomings of the theory of social investment state and relying on the requirements of justice in two titles "job as an asset" and "difference in internal endowments" the basis for a return to the distributive logic of social security has been identified. Accordingly, present study has concluded the necessity of accompanying social investment with compensatory interventions of the traditional welfare state in the form of benefits of the social security system.Keywords: internal endowments, social investment state, social investment, job as asset, social security system

One of the most important issues in corporate law is the abuse of rights by partners. Meanwhile, according to the rule of majority, which is the law governing commercial companies, the majority play a pivotal role in the decisions and actions of companies, the result of which can be the abuse of rights and powers in the interests of the minority. In other words, the application of the majority rule involves concentrating the company's forces in the hands of the majority of shareholders, which it can abuse. The research question is through what solutions restrictions can be imposed on the rule of law exercise by the majority so that this rule is not abused. The results of the research show that these solutions can be divided into judicial and non-judicial solutions and in this research only non-judicial solutions to combat abuse of rights in commercial companies have been examined. Non-judicial solutions refer to the agreements of the shareholders within the company, which are made according to the contract. This contract is approved in the form of articles of association in private and public companies, according to which the shareholders conclude agreements with each other and with the board of directors and the managing director. To answer the question, first the concept of abuse of rights and the rule of majority in commercial companies is examined and then non-judicial solutions to prevent abuse of rights are discussed.

Our country is dealing with an undeniable environmental crisis which has overshad- owed both the physical and mental health of people and the political, social, and eco - nomical security. Part of this crisis is caused by the mismanagement and unlawfulness of some of the government agencies due to conflicts of interest between ministerial interests and national interests, and the other part is the inefficiencies in some of the structural and formal laws concerning the Environmental ProtectionAct which in itself provides the ground for different conflicts of interest. Therefore, in order to overcome this crisis and environmental challenge in the country, which is a catastrophic threat, to achieve sustainable environmental development, and to a beneficial solution for all the involved parties, the modification of some formal articles in the Environmental Protection Law is imperative. Article 2, is the most effective and low-cost solution with the quickest feedback. In this study, through the application of jurisprudential and legal principles, the opinions of jurists in the field of environment, and solid evidences, the necessary basis for revising Article 2 is provided by valid legal solutions. These solu- tions are presented with the aim of transforming the Supreme Environmental Council from a governmental administration to an inter-ministerial council between the three forces, in order to diminish the governmental monopoly over the Environmental Pro- tection Agency which in itself has the basis for conflicts of interest and a part of envi- ronmental crisis.

Since the Judiciary Principles Act of 1911, judges have had special employment rules for any reason, including the status of judicial independence, and have been excluded from general employment laws and regulations. According to the National Employment Law approved in 1966, judges are excluded from the scope of this law and are subject to it only in the absence of special rules. This was also stipulated in Article 117 of the Civil Service Management Law. But to what extent has this particular regulation differed from the general employment law in the last 110 years, and to what extent has this distinction justified justification for more than a century? The aim of the study was to analyze the specific employment rules and regulations of judges in the field of entry into service and its compliance with general employment laws, and the topics of entry into service, types of employment and its general conditions were analyzed and applied. The result is that judges differ from staff in not anticipating contract employment, the possibility of exemption from military service, the maximum length of probation, the need for inherent citizenship and productive purity.

The principle of constitutionality of the law is reflected in the activities of administrative organizations through legal rules. So that while providing the public interest and facility, the right and virtue of private property is also observed. Mayors sometimes by making the excuse of having public plans at hand, refuse to perform their own legal duties in issuing permits to build or renovate building, and deprive persons of their legal rights of private ownership and subsequent resultsThe present study seeks to investigate restriction of the right to own property in construction and renovation of buildings by municipalities, which are stated in the laws and rulings of the Administrative Court of Justice. Therefore, this study addresses the question: How is the restriction of the right to build or renovate by municipalities reflected in the laws and opinions of the General Assembly of the Court of Administrative Justice? In response to this question and by means of a descriptive-analytical method, the rules and the most common votes of General Assembly of the Court of Administrative Justice have been discussed. The outcomes show that decisions and actions leading to the illegal restriction of property rights of individuals, as the case to be, have been nullified or licensed by the General Assembly of the Court of Administrative Justice. This action besides stressing respect for the property rights of individuals, reminds training and monitoring municipal performances..

This study seeks to examine the pathology of preventive strategies in the field of public procurement in the Iranian legal system. Situational prevention seeks to understand the place, time, and manner of committing a crime. In situation prevention, we seek to change environments that host criminal behaviors so that these environments are less desirable for criminals. Given that public procurement still have the highest level of corruption, both in terms of quantity and price, it is important to examine how they are implemented and the effectiveness of anti-corruption policies in the area of public procurement. Descriptive-analytical research methods and tools are library information collection. The results of the research show that the situation prevention strategy based on the three theories of rational choice, daily activity and crime pattern, is very helpful due to victim-contentedness and focus on improving the environment in the fight against corruption in government transactions. In Iran, the use of situational prevention policy has recently been pursued more seriously by the legislature. However, an important part of the anti-corruption laws in government transactions in the field of prevention is a very old situation and needs to be revised. Some areas of situational prevention, such as transparency and soundness of government transactions in Iran, have major shortcomings.

Abstract;Right to work (employment) is one of the most important right, classified in the second generation of human right, has been emphasized in article 23 of the universal declaration of human right and has been recognized as one of the economic, social and culeural right in article 20of Islamic republic of Iran constitution.The necessity of equal terms in employment also has been mentioned in article 28 of Islamic republic of Iran constitution.Therefore lack of unreasonable diversity of employment contract is one of the issues discussed in hiring systems. Due to this matter, employment form change is one of the most emportant issues in employment law and a prerequisite for job safety and right to employment.This research, which has been conducted through an analytical-descriptive approach, aims to analyze the regulations of employing corporate employees and changing their type to officially employed. It also answers the question of whether all corporate employees are entitled to petition to have their type changed to officially employed.The answer is that the government is required to officially employ those corporate employees who are liable to clause 21 of the general law of serving war veterans and have been hired during the period when the fifth five-years-long development plan was in practice,according to the stipulated terms in the article and clause 44 of the aforementioned law and the subsequent revisions.This possibility has been predicted in article of cluse 87 of the law of the sixth five-years-long development plan.Keywords:Corporate employees,Formal employment,Status change,Employment, Court of Administrative Justice.

As a result of incorrect registration information, if persons who acted on the basis of this information are damaged, according to the general rules, the injured party must claim compensation for that damage by filing a lawsuit then proving the elements of civil liability. Given the difficulty of proving these elements, as well as the possibility of injurious' financial inability, will not guarantee that the injured party will be fully compensated. This result will ultimately be to the detriment of persons who have trusted and acted on the registration system. Therefore, in the legal system of Australia and then, the United Kingdom, a mechanism called Insurance Principle was created. This principle, by guaranteeing the financial value of Title lost as a result of incorrect registration information by the government, prevents the loss of public trust in the registration system and the damage to persons. This research has been written in descriptive, analytical and historical methods, also using authoritative library and electronic sources and it is examined the history of Insurance Principle in Australia and the United Kingdom, under what conditions the economic security of registered land title is guaranteed in the registration system, on what basis was it established and what will be the consequences of its realization. Also, by examining the Iranian legal system, it is observed that the Insurance Principle has not been realized in the Iranian registration system, therefore, it is proposed to the legislature to use this principle to achieve public trust in the registration system.

State-owned enterprises established to facilitate the proper provision of public services by governments have become one of the ambiguities in the geometry of public law in the country due to the lack of a coherent and precise legal system that regulates their activities. One of the most important shortcomings of the domestic public law system in this regard is the lack of effective monitoring methods on the performance of these enterprises, which has increased the incidence of corruption in them. "Creating transparency" as a way to prevent corruption while developing and strengthening their accountability and oversight is one of the most basic solutions to this problem that the present article seeks to find a suitable mechanism to ensure it. The present study utilizes library studies and adopts a descriptive-analytical approach, while enumerating the principles governing the realization of administrative and financial transparency of these companies, including "establishing the most appropriate methods of accountability", "applying organizational transparency", "participation with stakeholders in programs to combat "Corruption" and "Ensuring transparency in corporate ownership", its practical realization in countries around the world under the four models of "submitting a comprehensive annual report", "creating an internal audit process", "disseminating information" and "inserting the budget of state-owned companies in the budget law" Has examined and highlighted the gaps in the domestic legal system in this regard

The commission established based on the note 2 to the paragraph 3 of article 99 of the municipalities law is the authority trying the building violations in the area of the performances by the rural municipalities (within the village limits) and sectorial municipality (outside the limits and fronts of the cities). The sentences issued by this commission are faced with a lot of objections and ambiguities in case of ordering the acquisition of fines due to the legal shortcomings regarding their calculations. In between, the highest inefficiency pertains to the process of enactment, acquisition and spending of the fines by the sectorial municipalities. The directive no.1120996 that was passed on 17th of October, 2015, by the minister of interior announces the process of the trial for the building violations by the aforementioned commission. Although these instructions somewhat compensate for the shortfalls existent in the trial procedure by this quasi-judicial institution, the enforcement of the commission’s sentences for the acquisition of the fines is not laid on a proper legal foundation. The present study uses a descriptive and analytical method to investigate and scrutinize the issue from the legal perspectives so as to explore the hidden angles of the bottlenecks to the enforcement of the sentences in the aforementioned area.