نشریه پژوهش های نوین حقوق اداری
پیاپی 11 (تابستان 1401)

While political funding is a necessary component for political parties to play their role in the democratic process, transparency and openness in financing of political parties is the cornerstone of a well-functioning democracy. Absence of disclosure of sources of party funds facilitates corruption and gives rise to quid pro quo between big donors and politicians. Countries where parties or political leadership are overly reliant on funding from a chosen few donors, policy decisions are co-opted. The equitable playing field gets eroded when one party has indomitable access to excess campaign finance. Therefore, the transparency of political finance is important because parties are the source of money entering politics, so the integrity of democracy depends on the transparency of political finance of party. So the question is, how transparent are the expenses of political parties in Iran? In this descriptive-analytical study, we will examine this question regarding the financing of political activities of parties as well as their electoral campaign.

Legislation in modern legal systems is the prerogative of legislatures, based fundamentally on the progressive principle of separation of powers reflected in the work of thinkers such as Monsieur, Hobbes, Locke, and others. However, in exceptional circumstances, methods such as referendums or referral to specific legislative bodies during the period of delay or the passage of pilot laws may be used. In some legal systems, extra-parliamentary institutions have become out of principle and the circle of exceptions has been illegally expanded to include parliament as other legislative body; If most institutions should legislate technically and the scope of competencies in terms of compliance with the principles of legislation. This is important to avoid passing multiple and scattered laws and to get people out of the confusion and know what document to follow as a law. Fundamentally, political and philosophical schools such as liberalism, libertarianism, and republican theory have emphasized the need to at least suffice to preserve the fundamental rights and freedoms of individuals. It is possible to get out of legal parallelism by appealing to the minimal government, the necessity of observing the principle of proportionality, the necessity of paying attention to the philosophy of the principle of separation of powers. In this article, the authors describe the law by the parliament in a descriptive-analytical manner.

A type of model contracts is prevalent in the Iranian legal system, and its validity is directly or indirectly derived from legal text and can be called the model contract with legal origin. This type of contract , which is typically formulated and approved as a model contract, is itself legal regulation or has derived from legislator order or permission. this character gives a special feature to this contract and necessitate separate examining of legal dimensions and effects of it In this article with aim of specifying domain of mentioned contract and its differences and similarities upon similar contracts, is tried to be survey and analyze concept, types and important examples of the model contracts with legal origin and its nature, moreover, the limits of free will of the parties to conclude a model contract based on this form and especially the sanction of violation of terms of the model contract committed by the parties and the effect of violating the regulations on the process of the approval of the text of the model contract. the result of survey proves that the model contract with legal origin , despite its similarities with standard, adhesion and regulated contracts, are different from them in some of dimensions and has special effects and rules.

In recent decades, many nation-states have sought to plan or reform the system of devolution and delegation of authority to their local units. Given France's long history of decentralization, many nation-states follow the French model of decentralization. In Britain, however, a different perception of decentralization has made its legal-political structure different from other countries. In this study, we study the decentralization system in the UK. Given the various dimensions of the issue, decentralization in Britain can be seen as the transfer of political and legislative powers, or more accurately, the "devolution" in many local affairs to the constituent units of the United Kingdom. This means that in Britain a different and specific view of decentralization prevails compared to the French model, and the decentralization system in this country goes beyond giving mere administrative and executive decision-making authority to local units and reach to devolving legislative competence in local affairs to constituent units. Accordingly, asymmetry, the granting of a high degree of freedom of action to local units, a unique financing system and a bottom-up design are among the most important features of the decentralization system in the UK

the structure of financial oversight of government bodies is a key factor not only in ensuring the proper conduct of the administrative process, but also in the optimal use and protection of public assets. These regulatory bodies, which must necessarily have administrative and financial independence, have an effective role to play in combating corruption and adhering to the principles of transparency and honesty. As a result, it becomes clear why the constitutions of the Kurdistan Region, Iraq, and Iran specifically address computational oversight bodies. In this regard, in the present article, in a descriptive-analytical method, the laws of Kurdistan, Iran and Iraq on the structure of financial oversight institutions and the functioning of these institutions are examined and while analyzing the structural differences and behavioral similarities of the institutions in question, The weakness and strength of financial regulatory institutions in the countries in question and the climate of Iraqi Kurdistan have been analyzed. Findings show that despite the significant similarities between the structure and function of the institutions in question, there are several differences in terms of organizational affiliation, the form of work and the type of tasks between the institutions in the above drawers.

In public law,and especially in administrative law,auction is one of the types of administrative contracts.Due to the presence of public interest element in administrative contracts, the auction as one of the examples of these contracts is subject to special procedures that have been considered by the legislator in order to prevent abuse and corruption. Electronic auctions in the field of administrative contracts have been considered in recent years and its mechanism is provided in a regulation. In private law and in the discussion of the enforcement of judicial rulings, one of the most important stages of enforcement is the auction and sale of movable property of the convicted or liable(debtor)Although the purpose of obtaining a final judgment or preparing a binding document for the convicted person or the beneficiary of the document is to obtain claims or fulfill obligations, but such a goal is not achieved simplybyissuing a sentence or preparing a document.In fact, enforcement,which is acontinuation ofthe litigation process andthe issuanceofthe document, is not easily carried out in the judiciary and registration authorities.Due to numerous obstacles and problems, the path of executive operations, especially in relation to property auctions, faces serious challenges.Many of these obstacles and gaps are due to the legislator's silence in stating some auction rules and regulations, including electronic auctions or auctions, lack of property identification system, ambiguity at the time of electronic auctions, cancellation of third parties, complaints about the execution order and others.Cases.Resolving it depends on amending and revising the relevant laws and regulations

The transparency of the administration as a principle and the exception to its limitation have such a prominent place in the rule of law that the legitimacy of the administration's actions can be sought on the basis of its transparency and openness. The Government under Sunshine Act of the United States is an inspiring and accurate example of such an idea. Therefore, the main question of the present article is what are the principles and justifying sources for limiting transparency in the law of " Government under Sunshine Act"? In response to the question in this study, by descriptive-analytical method and scrutiny of official legal texts and documents and collection of information through libraries, it was concluded that the law is based on transparency in all collegial body organizations and a profound explanation of its exceptions such as National security, Law on Personnel, Privacy, Information Classified by Law, and Criminal Charges seeks to protect the rights of individuals to free access to information and the ability of the government to exercise its responsibilities by providing a platform for public access to information.

One of the most important challenges of any government is to maintain and promote public trust in order to achieve legal order and security and ultimately good governance. Therefore, this article has tried to express the position and importance of public trust in the legal system, the effects of reducing public trust on human security and legal order. Therefore, we have tried to study and explain the issue of public trust and the factors affecting it, in addition to direct factors, indirect factors such as political participation, social trust, domestic and foreign media and the like as elements affecting public trust in governments or trust Let's examine politics. Ultimately, the result of this article has been the concept that in order to create and improve a positive image of government performance in the minds of citizens, government institutions must make their performance transparent; Be responsible and accountable; Provide the ground for public participation of citizens in various decisions and areas of oversight; Reduce systemic and non-systemic corruption (such as bribery, embezzlement, smuggling and money laundering), extravagance and embezzlement to build public trust; The result is the establishment of legal order and security; Be provided.

Several meetings are played by corruption.Some of them are individualistic and some of them are rooted in situations. The lack of transparency and action in conflict situations is one of the pre-criminal situations that can affect corruption. Tthe management of conflict conflict has been considered by criminal policy makers as a mechanism for preventing the occurrence of this phenomenon. Because,action, in conflictful conditions, provides the basis for challenging order and administrative justice, guaranteeing the principles of equality and inequality in all management and administrative areas and general distrust. In Iranian criminal policy, despite the foundation of conflict management in principle 140 constitution has been scattered in other non-normative zones, and through criminalization, attention has been paid to a number of its effects. But, the most fundamental step in this area has been removed in the bill "How to manage conflicts of interest in conducting legal duties and public services." In the bill, identifying use of preventive methods, as well as the criminalization of a bunch of behaviors in violation of these mechanisms, including projected policies in the bill for administrative reign. However, it seems that acceleration in the law of the bill, the preparation and compilation of macro policies and systematic programs in the management of conflict conflict, as well as training brokers to comply with the set of norms related to this mechanism, can reduce the level of effect Conflict conflicts in the emergence corruption.

In Iran's employment system, in addition to the rule of two general act of service management (for the public sector) and labor acts (for the private sector), we are faced with a variety of specific employment systems which raises several questions: What is the scope of these two general acts and their exceptions? And what is the relationship between them in terms of inclusiveness? What is the relationship of these two acts with excluded areas? And in terms of justice and efficiency, what challenges do we have in our employment system? The purpose of this article is to address these questions descriptively-analytically. Conclusion of this essay is that First, special employment systems that are not subject to the Service Management act should be specified in Article 117 of this law, taking into account justified and rational reasons and not be excluded from this act according to internal regulations; Second, the exclusion of small workshops less than ten people from the labor act should be abolished ; Third, in order to realization of social justice and solving of the challenges of pension funds, the basis and rate of premiums / pension deductions, minimum wages and benefits subject to deduction of premiums / pension deductions and minimum wages in all types of general and special employment systems should be determined equally; Fourth, it is necessary to update the employment regulations of the employment act- which is not contrary to the management law-, and to include them in the service management act.

Execution of the sentence is the last step in a trial process in which the result of the verdict will be realized for the convict. In other words, all other steps will be ineffective if the execution step is not carried out well. The purpose of the present study is to examine the rights and obligations of third parties in the execution of sentences. The third party refers to all natural or legal persons who do not have the title of plaintiff and defendant in the main petition. A third party may intervene before the conclusion of the proceedings in the initial or appellate stage if he or she has an independent right or considers himself or herself a beneficiary in the right of one of the main litigants. But one of the stages in which the third party has rights and obligations is the stage of execution of judgments in civil proceedings as well as the Court of Administrative Justice. In general, the purpose of third party intervention in the civil proceedings, especially in the enforcement phase, is the realization of third party rights, with the difference that the time of third party intervention, either as voluntary intervention (entry, protest) or forced intervention (arrest), is different. And also the conditions of its design will be different according to its type according to the Code of Civil Procedure and the Law of Organization and Procedure of the Court of Administrative Justice.