نشریه جستارهای نوین حقوق اداری
پیاپی 2 (پاییز و زمستان 1400)

One of the controversial issues regarding the powers of the Islamic councils of the city is the possibility of codifying internal regulations, despite the regulations approved by the Supreme Council of Provinces. The importance of the matter is that this by-law, regardless of population, area, physical features, local relations, etc., has adopted a single text and provisions (in 25 articles) for all cities; If action pattern based on each of these variables will be different and if not taken into account, it would be both far from the assumption of "legislator wisdom" and will disrupt the proper implementation of affairs. Accordingly, this investigation, with a descriptive-analytical method and according to the laws and regulations, the rulings issued by the competent courts, current doctrines, and procedures, deals with the legal feasibility of approving a special internal regulation by the Islamic councils of the city. According to the research findings, in this regard, the law has not assigned the task of codifying internal regulations in an exclusive or even specific manner, and this possibility cannot be deprived of the city councils due to the entry of the Supreme Council of Provinces. Due to this, at the end of the research, the legal solutions for the approval of this document by these councils are mentioned.

Prison punishment, its principles and effects are the subject of criminal investigations. However, this punishment can have effects on the field of employment law that have not been well received by researchers. Is the right to employment and finally his entry into government service or not? And whether the punishment for that punishment during the employment relationship of an employee is effective in maintaining that relationship or not? Thus, in addition to the possibility of affecting those who volunteer for government service, the actual punishment affects many actual employees, their legal rights and benefits, and their families. In the present study, through the study of libraries and descriptive-analytical method between criminal and public law trends, the basics of imprisonment in criminal and administrative texts are examined and then its effects on employment law, including the rights of candidates to enter The service as well as the employed staff have been reviewed. In this regard, it has been found that general employment texts do not directly address the effects of imprisonment on employment rights, and in contrast, some specific employment texts, such as the laws and regulations of the armed forces, are more explicit. Senior managers and staff, judges of criminal courts, the general public volunteering for employment, as well as employees and their families can benefit from the findings of the present study.

The constitution exists in many countries and each of them is based on principles and values. The constitution of our country is based on the two axes of republic and Islam. Given the tasks assigned to it by the constitution, the judiciary is responsible for achieving justice, resolving judicial problems, and defending the public rights of the people in society. It seems that the judiciary alone is capable of fulfilling These are not responsibilities and there are problems with the constitution in this area. Therefore, in order to pay attention to the constitutional amendment and the better functioning of the judiciary, it is necessary to address the judicial pathology of the constitution. In this study, which has been written by analyzing and adapting the constitution to the current situation in the country, the pathology of the judiciary has been studied in two types: structural and conceptual. Lack of attention to the two parts of "monitoring" and "implementation" has led to poor performance of the country in some matters.

Comparative Administrative law is a difficult subject. It is necessary to steer a course between the assumption that all systems are singular, shaped by a plethora of distinctive features that are never replicated elsewhere; and the equally extreme assumption that differences are merely on the surface, such that if propositions are stated at a sufficiently abstract level, then there will be commonality between all systems. The ascription of cause and effect when considering the rationale for differences is equally challenging, and is the principal focus of this review article, which considers the strengths and weaknesses of a structural explanation for divergence in administrative law in different countries.Study of comparative administrative law reveals commonality and difference between the systems studied. That is axiomatic and self-evident. The depth of the resulting similarities and divergences may be difficult to estimate, the explanation for them even more so.

The Specialized Boards of the Administrative Justice Court were established in the mid-1380s (as Specialized Commissions) according to managerial measures, and Article 84 of the Law on the Organization and Procedure of the Administrative Justice Court defined specific competencies for these c Boards. According to the beginning of this article, "matters that are within the competence of the General Board of the Court according to the law, are first referred to the Specialized Boards…." According to paragraph b of this article, "if three-fourths of the members of the specialized board are in favor of rejecting the complaint, it will issue a vote to reject the complaint" and in other cases, the opinion will be announced to make a decision in the General Board. But the important question is whether the competencies defined for the Specialized Boards are justified or not. The answer to this question requires recognizing the options and components affecting the qualification of these boards, which is the purpose of this article. Given some theoretical challenges as well as the lack of access to the necessary data, it is difficult to make accurate proposals. However, the recommendations of this paper are as follows: Issuance of an interim injunction on lawsuits for annulment of regulations, issuance of final and uncertain verdict regarding all these lawsuits, and announcement of advisory opinion on cases of issuance of unanimous votes and establishment of procedure. Of course, the formation of Special Branches instead of Specialized Boards seems preferable.

The Court of Administrative Justice is a judicial institution that protects the rights and legal freedoms of the people against the institutions and executive bodies. In order to protect the martyrs, the legislator has provided facilities and privileges in the laws and regulations. Enjoying the privilege of a higher education degree is one of the privileges in order to apply it by the executive bodies, several lawsuits have been filed in the court. The issue under discussion is the scope of the devotees' enjoyment of this privilege; According to the explicit text of the laws, the authorities are obliged to consider a higher level of education for martyrs, veterans, freedmen and children of martyrs. There is ambiguity about the children of veterans, whether they can also use the privileges of a higher education or not? In order to answer this question, the lawsuit issued by the primary branch of the court will be reviewed and analyzed.

In 2001, the Islamic Consultative Assembly of Iran approved the "regulating part of the government's financial regulations Act." and in Article 28 of this law, allowed the Welfare Organization "Assign its covered units in opportunities that it does not use, to provide services or by concluding a contract or renting the above centers and spaces at the expense of the applicants." In 2009, the government "in the meeting dated 10/13/1388 according to the proposal of the Vice President for Management and Human Capital Development and based on Note (2) of Article (24) of the Civil Service Management Law approved in 2007 and in accordance the executive regulations of the said article » Approved and subsequently in 1390, the executive instructions of this regulation were announced. Article 1 of a recent regulation mandates executive bodies to enumerate their "social, cultural, service and infrastructure enterprises." and Regarding the transfer, "the transferable cases shall act in accordance with the Civil Service Management Law, in coordination with the Vice Presidents for Management Development and Human Capital Development, and the President's Strategic Planning and Supervision, in accordance with the Memorandum of Understanding." Now, given the differences in the nature of the two divestitures and the different financial and legal implications that follow, and Also, considering the main duties of the Welfare Organization, the question arises that in order to transfer the centers of the Welfare Organization in accordance with each of the aforementioned legal materials, which characteristics should be the criteria for recognition?

All unconventional systems distinguish the authority of the judiciary to impose the rights of the persons training the central right of that system. The partial and superficial judicial system encourages the despots and is a means of justifying the actions of the violators and a safe haven for law-abiding bureaucrats. The present study accentuates that the citizen-centered judicial system is shaped in such a way that it has cast-off the essential mechanisms to handle any type of citizen's lawsuits and reestablish the rights of the people. In other words, no lawsuit has been caught and it has not been suspended and the finding will be proclaimed correctly. In the Islamic Republic of Iran, the first paragraph of Article 158 of the Constitution stipulates the duty of the head of the judiciary to create the necessary organization in the judiciary in accord with the responsibilities of Article 156. Such a duty revenue generating a right for the Iranian people to have a proper judicial system to exercise their rights. As much as the realization of the rights of individuals be contingent on the judiciary, the person in charge of the judiciary should be given a mission. Now, is the design of the judicial system a vague thing and, subsequently, the task is likewise vague and the citizen does not have a firm right? Or the creation of a appropriate organization is subject to precise ideologies and standards that can be designed and implemented and the citizen has the right to demand? In this regard, is the right of the citizens to reorganization and regulate the judicial system within the judiciary or is the general judicial system of the country the subject of the rights of the publics?

Prohibition of gathering of jobs is one of the most important and fundamental issues in public law. This issue is not a new rule in the Iranian legal order created by the Constitution of the Islamic Republic of Iran. Rather, this rule is one of the rules approved by the constitution and while confirming this issue, it has given new dimensions to the previous laws, including the constitutional amendment approved in 1286. Prohibition of collective bargaining between government jobs, regardless of its scope and scope, has been a concern of the country's administrative and political system. Accordingly, the nature of legislation on this issue is rooted in the history of the Iranian legal system. Therefore, in this study, while stating the main principles of the ban on government jobs, an attempt was made to explain the reasons for the exceptions that have been applied by the government to the ban on the collection of jobs. Finally, it can be concluded that according to the legal provisions, faculty members are currently excluded from the law prohibiting government employees from interfering. Apart from educational positions, persons who are also appointed by the Supreme Leader to job positions are exempt from this rule. In this regard, it can be said that the ordinary legislator has not complied with the constitutional rule in the limits drawn in the prohibition of holding more than one government job, and the number of these exceptions has increased day by day. Regarding the position of banning the collection of jobs in meritocracy, it should be said that since educating future managers in the world class requires the identification of people with special competencies and requires principled planning to empower them, banning multiple jobs can be a powerful tool to identify Be worthy and realize meritocracy.

The most recent document published by oil ministry, is General and Particular Conditions of Engineering, Procurement and Construction (EPC) agreement for oil industry. These Documents are implied for all EPC projects of this sector. This means government has manipulate the process of regulation of these sector’s contracts. So it is reasonably anticipated that all aspect of a contract has been considered. Regarding General Conditions of these documents, it’s seems that claim management aspects including: determining dispute avoidance mechanism, Claim procedure and dispute settlement systems in these forms were woefully dismissed; while in the similar contract forms, around the world, these matters have been considered for decades. Therefore it seems necessary to recognizing weaknesses of the recent form through analysing one of the most comprehensive EPC contract forms in the world and comparing it with the form which is published by oil ministry. Firstly, for the sake of comparing, the most well-known contract forms in this field which is of the International Federation of Consulting Engineers (FIDIC) will be explained in detail. Finally the current statues of Claim Management Mechanism in special form of oil sector and some available solutions will be mentioned.

Clauses (y) and (k) under Article 9 of the Administrative Violations Law approved in 1372 foresee the punishment of dismissal from the relevant institution and permanent separation from government services as the most severe administrative punishments, but the conditions for applying these two punishments are not clear in the law. The uncertainty that exists in this regard is whether the boards for handling administrative violations can first impose the punishment of dismissal of the offending employee on the resident or only in the absence of the conditions stipulated in clauses (h) and (i) under Article 9 of the aforementioned law. Upon redemption and retirement, if they have the desired service record, dismissal is applied as the last resort to punish the offender. It seems that considering the very negative effects of dismissal on the life of the employee and his dependents and considering the principles and goals governing the application of punishment and compliance with the principles of fair proceedings, the punishment of redemption or retirement should be applied instead of the punishment of dismissal with the principles And the legal logic and purposes of punishment are more consistent.

In order to deal with any individual dispute between an employer and a worker or intern that is caused by the implementation of this law and other labor regulations, internship contracts, workshop agreements or collective labor agreements, the Iranian legislature has first foreseen the process of resolving the dispute by compromise, and in case of failure As a result, the handling of these disputes is under the jurisdiction of the Labor Law Boards. The primary judicial authority to deal with these disputes is the resolution board, and its appeal authority is the dispute resolution board. The opinions of the aforementioned boards are final and enforceable with the quality mentioned in Article 159 of the Labor Law, and appeals to them are also under the jurisdiction of the Administrative Justice Court with reference to Article 10, Paragraph 2 of the Law on Organizations and Procedures of the Court of Administrative Justice approved in 1392. After the issuance of unanimous opinions 602 and 699 of the General Board of the Supreme Court, a challenge arose with the theme of which authority has the authority to deal with the objection of public law persons to the definitive opinions of the judicial authorities. Considering that an inappropriate response to the aforementioned challenge can cause serious damage to the administrative judicial authorities and the judicial system of justice, in this regard, this article intends to examine the general legal principles, laws, unanimous opinions, advisory opinions of the legal department of the judiciary and The opinions of the general courts of justice should provide a scientific and appropriate answer to this question. The conclusion of this article, from the author's point of view, is that the Administrative Court of Justice has the absolute authority to deal with the claims of Article 10, Clause 2 of the Law on Organizations and Procedures of the Administrative Court of Justice; In other words, in the case of public law persons' objection to the final decisions of the labor judicial authorities, handling this issue is also under the jurisdiction of the Administrative Court of Justice.