نشریه حقوق اداری
پیاپی 31 (تابستان 1401)

Corruption prevention always faces serious challenges in the legislative, judicial, and executive areas. The intervention of the criminal justice system has often been focused on the behavior of blue-collar citizens. On the other hand, the ideological approach toward the economy and economic crimes has resulted in the dominance of retrospective and punitive mechanisms, and this lot of posterior intervention has been focused more on corruption in the public sector while, following the government's downsizing policies, a significant part of the economy has been privatized. This study aims to analyze the existing regulations on the conflict of interest, as the main cause of corruption. It also examines the necessity of criminalizing conflict of interest as an independent and stand-alone crime. Conflict of interest refers to a situation in which a person with public authority status has secondary interests that conflict with their public duties. Hence, by examining the laws related to conflict of interest crimes as well as the principles related to criminalization, the status of conflict of interest in the Iranian legal system has been evaluated and the necessity of criminal intervention has been investigated. The present study applied a descriptive-analytical approach to examine the field of anti-corruption regulations using library sources. The findings of this study indicate that, since conflict of interest has not been recognized as an independent crime by the legislature, there is a weakness in the existing legislative interventions regarding corruption prevention, especially with respect to conflict of interest cases. Therefore, this study proposes recognition of conflict of interest as an independent and stand-alone crime.

Famous interpretation of Jurists and professors of universities of  the constitution of Islamic Republic of Iran specially 4th Principle, refers to qualification of jurists of Guardian Council for announcing contradiction of Regulations with Islam; which leaded to Voiding Regulations due to Contradiction with Islam in first act of administrative court of justice approved since the year 1981 up to now, applied by general board of this court, but the main and irrevocable qualification shall be proved only by jurists of Guardian Council. This judgment seems absolute and obvious; nevertheless, by exact considering to Constitutional Law, the contradictory issue is revealed due to following reasons about qualification of Administrative Court of Justice: 1) Qualification of jurists of Guardian Council for Announcing Contradiction of Acts with Islam. 2) Recognizing justice as field of operation of judges. 3) Qualification of jurisprudence knowledge of judges for Islamic Voiding Regulations. 4) Qualification of judges for applying Islam in civil, penal and administrative cases and courts in Acts. 5) Contradiction of qualification of jurists of Guardian Council with independence of judges. 6) Qualification of administrative court of justice in principle 170 and 173 of constitution. 7) Qualification of jurists of Guardian Council for Announcing Contradiction of constitution with Islam.

In modern approaches to criminology, not only has it not been considered as an individual phenomenon, but it has been defined as a social phenomenon that occurs in the context of specific social developments. In Iran, too, although the legislators’ approach has been very deep, insightful and recognizable to punish and deter Bribery and Bribe taker criminals, but the facts in administrative violations show other data that are needed to identify and deal with this crime, from A new approach, such as the sociology of law, was used to address this dilemma and crime. Therefore, the question of this research arises on the basis of why the crime of bribery in the modern government in Iran according to the legal sociology – with the view of Emil Durkheim – thought?
The hypothesis of this research is based on the view that: Accelerated modernization and social events have caused anomie in social structures, the effect of which should be seen in the change in social control structures, which have a task to prevent corruption. Therefore, this article pursues two basic goals: while examining the social context of this crime, it introduces the cultural and normative reinforcing components that cause this crime. The findings of this study indicate that factors such as: disruption of the value system, disruption of the division of social work, reduced solidarity-unity and empathy, reduced social conscience, lack of social control and prevention system as factors affecting the occurrence of crime Is bribed.

Establishing an appropriate legal system to handle the employment complaints of employees of government agencies in Iran, in different periods, has been the concern of policymakers in the country’s administrative system. Despite the fact that many years have passed since the identification of quasi-judicial authorities in the Iranian legal system, as well as the increasing volume of lawsuits in the branches of the Administrative Court of Justice, the above complaints (except in some exceptional cases) Takes. The present article, by taking a descriptive-analytical method, seeks to examine the managerial and legal foundations of establishing employment complaints boards for government employees, as well as to analyze the organizational patterns of these boards, and finally, to analyze the challenges and provide solutions. It can be suggested to create a suitable legal and administrative system to handle the mentioned complaints. Based on the findings of this study, the establishment of the above boards is justified from a managerial perspective and is legally possible. In the short term, by choosing the model of creating one-stage boards, and in the medium term, by creating the revision stage, as described in this article, by eliminating the existing legal and extra-legal challenges in this field (It is possible to improve the current status of the employment complaints of employees, including obtaining the permission of the legislator, establishing a proper due diligence procedure, and regulating the investigation in terms of the duration of the investigation and avoiding bias. The results and suggestions in this article provide a good opportunity for policy makers in the country’s administrative system to establish a legal system for handling employment complaints of government employees.

Confiscation of the media is an exception to the principle of media freedom, and in normal legal systems, this exception is only within the jurisdiction of judicial authorities, which occurs in a minimal way and with full compliance with the principle of freedom of media expression. In Iran's legal system, in addition to the jurisdiction of the judicial authorities in confiscating the media, the administrative authority (the supervisory board for the press and news agencies and internet sites) has discretionary authority to confiscate the press and media, which increases the number of cases of confiscation of the media. It follows that it is against the principle of freedom of speech and media.The present research has tried to answer the question of the legal system governing the administrative (non-judicial) seizure of the media in Iran through the content analysis of the opinions related to the seizure of the press issued by the press supervision board during the last decade by applying the qualitative research method. What impact has it had on the freedom of the press and the media that the results of the investigation indicate the indiscriminate use of the supervisory board's authority to seize the media according to Article 12 of the Law of the Press and News Agencies - contrary to the principle of freedom of speech and the press.

The emergence of regulatory governments since the early 1980s has brought about one of the most extensive and profound changes in a wide range of governments. The main question of the current research is that the emergence and establishment of regulatory governments have brought about any destructive effects or consequences in relation to the fundamental rights of citizens. In this article, we have first briefly reviewed the concept, theoretical background, characteristics and policies emerging from regulatory governments, which are sometimes called new public management, and then while examining the consequences of the establishment of such governments in relation to the rights of citizens, we have concluded that regulatory governments have had an adverse effect on providing the basic needs of citizens, their enjoyment of justice and fairness and participation in political affairs, the publicness of public services and the benefit of a healthy environment.
In these surveys, citing reliable and international published researches and statistics, and using the descriptive-analytical method, we have shown that the implementation of the policies related to regulatory governments may have dire results in relation to fundamental rights of the citizens. Finally, suggestions are also provided to improve such effects and consequences.

Due to paying of some unfair and unconventional salaries to some civil servants in our country which have been revealed recently, arise some different views about the reasons and causes of the issue that they are mostly influenced by political and partisan opinions. Thus, regarding the importance of the issue and concerning of the public opinions, we’ve examined the topic in a legal and critical approach based on an analytical method away from any political or partisan bias. We’ve concluded that there are a wide range of factors that caused the issue so we can’t focused on a single factor. At the end, we’ve proposed several solutions to solving the problem and to prevent of such cases.

E-government, with all its advantages in improving government processes, reducing costs, reducing bureaucracy, creating an e-community and facilitating communication with citizens, also has its weaknesses. The most important concern about the development and growth of e-government is the violation of citizens' rights in cyberspace. One of the most important citizenship rights in cyberspace is the right to information privacy. Information privacy is a right. The right that individuals have to control their information against misplaced searches, eavesdropping, spying, misappropriation and misuse of personal information. In this article, the concept and models of e-government are examined and the concept of citizens' information privacy and its relationship with e-government is stated. For citizens' information privacy in e-government, the challenge of information privacy and e-government maturity, the challenge of information privacy and public interest, the protection of information privacy and freedom of information and the challenge of granting citizens the right to access information in e-government are the most important challenges of this study. have been identified

The civil charter, known as civil rights in the administrative system in Iran, follows the ensuring of better governance via citizen participation and provides a basis for accountability, transparency, and better services. Implementation of the civil rights ratification in the administrative system since 1396 has encountered several challenges. Therefore, there has always been a need for revision of managerial approaches and utilization of new tools for planning based on the most influencing factors. The purpose of this study is to identify and analyze the most important ascenders of civil rights in the administrative system. To achieve this goal, data required to conduct research have been gathered first through library studies and then interviews with experts. In the beginning, a list of 48 effective ascenders of civil rights in the administrative system is studied. Then, 15 of these factors have been selected as important ascenders for measuring their impact and effectiveness in the matrix of interactions by "Delphi" methods. By analyzing Mic Mac software outputs, the impact and effectiveness of each of the selected ascenders are determined. According to this analysis, empowerment factors for citizens, the will of politicians, political open space, and social networks were identified as the key ascender that have the greatest impact on civil rights in the administrative system.

Administrative penalties follow principles and rules, some of which are derived from the principles and rules governing criminal penalties and shared with them, and some of which, according to the relevant laws, belongs for administrative penalties themselves and disobservance of these facfors will lead to decision disapprobation in Administrative Justice court and Supreme Supervisory Board.  Due to the effect of administrative penalties on the social, occupational and personal life status of employees as well as criminal penalties, in this study, the degree of compliance of the principles and rules governing administrative penalties with criminal penalties and ambiguities of specific principles and rules of administrative penalties have been investigated. Findings of this study using library and documentary sources and descriptive-analytical method show that the principles and rules governing administrative penalties in most cases are consistent with the principles and rules governing criminal penalties.
However, due to some important differences in the field of administrative and criminal penalties, this compliance is not absolute and in some cases this compliance either does not exist or has been adapted incomplete. also in some cases principles and rules specific to administrative penalties are amblguous and incomplete Which has made it necessary to review the administrative offenses trial law.

The privatization of public services led to the emergence of companies with private ownership and management and public mission known as the Public Interest Company (PIC). Despite being private and governed by the rules of private law, Influenced by the doctrine of public service and due to considerations related to the public interest, these companies are subject to public law and regulatory requirements. The public service management system in Iran has not been immune from privatization by announcing and implementing the public policies of Article 44 of the Constitution and the law on how to implement it. Therefore, it is necessary to evaluate and analyze the capacity of Iranian administrative law in accepting the concept of PICs. Using descriptive and analytical methods and relying on the experience of some countries, this study, after studying the basics of forming the concept of PICs and identifying their characteristics, considering the capacity of the concept of "public service agents" and "private professional institutions in public mission", acceptance of this concept in Iranian administrative law is considered possible.