نشریه پژوهش های نوین حقوق اداری
پیاپی 12 (پاییز 1401)

More than five periods have passed since the formation of Islamic councils in Iran. Although our country has a history of more than one hundred years in drafting laws related to councils, but the legislatures have spent a lot of time arguing about the competence of local councils. , But since then the legislation has been in a direction that has not been able to provide a clear framework of tasks and decisions of local institutions. The source of these shortcomings also stems from the Iranian constitution. Legislative authorities, including the Islamic Consultative Assembly, have not taken any serious action to use their legal capacity to remove obstacles and cover up these objections. It has added to the complexity and ambiguity. And it also seems that Iranian legislation in determining the powers and duties of local councils has failed. This article, which has been done by descriptive-analytical method, examines the challenges of the competence of Islamic councils, including the challenges of the powers of the councils in the principles of the constitution, ordinary legislation and the Islamic Consultative Assembly in not delegating necessary and sufficient duties and powers. The local governance approach addresses the mechanisms of democracy in Iran's local government in law. It seems necessary for the Guardian Council and the legislature of the parliament to adopt a new interpretive approach to the constitutional dimension in removing these obstacles.

In our legal system, several institutions are the policy reference in cultural affairs. Meanwhile, the Ministry of Culture and Islamic Guidance, as the main trustee of the Department of Cultural Affairs, has an important role in issuing licenses to cultural institutions. Licensing of cultural institutions is based on criteria set by the ministry, but after the licensing of cultural institutions, the Ministry of Culture exercises its posterior supervision through the Board of Cultural Centers. By examining the founding document of this authority, ie, "Rules and regulations for the establishment of cultural centers, institutions, centers and associations and supervising their activities", the structure and competencies prescribed for the said board can be identified and with a Legal analysis enumerated the criticisms leveled at it. Among the structural objections, we can mention the governmental nature of all the members of the board, the independence of the decisions issued by the board, and regarding the competence objections, we can mention the ambiguity about the competencies and the wide authority to apply disciplinary sanctions.Given the importance of cultural institutions and the impact they have on cultural rights, the proper functioning of these institutions will ultimately lead to the promotion of cultural rights. In this article, we seek to provide a comprehensive model with an emphasis on fair trial standards as well as good governance. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

The Iranian Administrative Court of Justice has jurisdiction to control on judicial decisions of the Comprehensive University of Applied Sciences as one of the universities under the supervision of the Iranian Ministry of Science. The main question is how judicial control applies on the decisions of this university? For many years after the establishment of this university, the General Assembly of the Administrative Court of Justice, in some cases and opinions, has judicially reviewed the decisions of this university. In this article, we have tried to introduce and review some of the most important aspects of the judicial control of the court. As briefly it can be said that the core of judicial review based on ultra vires of some unlawful decisions. The basic presumption of this article is based on the legal consideration of the content and issues raised in such opinions, and the rules on the limitations of the Comprehensive University of Applied can be help a lot in establishing the rule of law in this complex.

The principle of public proceedings, as the free entry and exit of people to court sessions, is considered as one of the components of the principles of fair proceedings. But the implementation of this fundamental principle in Iran's administrative justice system faces challenges. This research seeks to answer the question whether the principle of public proceedings in the Administrative Court of Justice has the capacity and ability to be implemented or not. In the form of a descriptive-analytical research, several causes and factors such as legal loopholes, the adoption of centralization policy in the structure of the Administrative Court of Justice of the country were considered as exemplary components in the impossibility of applying the said principle in the court. However, the consideration of substantive and formal matters in the Court's branches, the need to pay attention to the principle of correspondence, and the necessity of reforming Zat al-Bin, etc., have made the implementation of this basic principle inevitable in the institution of the Court. Also, cases such as justifiable and easy obedience to judicial decisions or being under the control of public opinion of the judicial behavior of court judges, were considered among the merits of applying the aforementioned principle. Also, suggestions for the realization of this important component were introduced and identified.

In accordance with Article 38 of the Law on Amending and Extending the Transactions Regulations of Tehran Municipality to Metropolises; Disputes arising from transactions subject to this regulation in the Dispute Resolution Board with the membership of a judge of the judiciary elected by the head of the judiciary, a member of the Islamic Council elected by the relevant council, a municipal representative elected by the mayor, a district or governor representative and a legal representative The party to the contract is subject to review and the ruling issued by the trial judge is binding on the parties. In this study, while addressing the nature of the board subject to Article 38 and the type of transactions subject to this regulation, it was concluded that this board is an administrative reference and one of the quasi-judicial authorities and is not an arbitration body. Also, any transaction in the municipality that leads to the conclusion of a contract can be considered and considered in this board, and the decision of this board, as an administrative authority, can be challenged in the Court of Administrative Justice. The member judge Such quasi-judicial authorities should not issue a verdict and the verdict issued by these authorities should be based on the vote of the majority of members.

In terms of status and competence, the Administrative Justice Court can be considered the closest institution to the Oppression Court in Iran and Islam. Based on descriptive-analytical studies, with recognizing the status and competence of the Oppression Court in the legal-judicial structure of Iran and Islam and adapting its characteristics to the Administrative Justice Court in the legal-judicial system of the Islamic Republic of Iran, it was concluded that in different historical periods, the status of the Oppression Court was under the first person of the government or the person appointed by her. Because of this, the Oppression Court has been more strong and independent than the Administrative Justice Court. On the other hand, by predicting the competence of handling all people's complaints against government officials and agents and even disputes between those in power for the Oppression Court, the jurisdiction of that court has been wider than the Administrative Justice Court. Based on the above findings, changing the status of the Administrative Justice Court as an institution under the leadership and within the judiciary and developing its competencies as an institution to handle "all administrative claims" and "claims affected by public authority" can help to promote the status and competence of the Administrative Justice Court.

One of the jurisdictionof administrative courtof justice in according to section 2of article10from the organization and procedure of administrative court of justice act is consideration of the objection to the final verdicts ofthequasi-judicial tribunals.Based on the prevailing judgmental procedure, the basis for hearing the claims of all three sections of Article10,is principle173of constitutional act, and because of the stipulation of "people's"complaints against the government in this principle, it hears only the complaints of citizens.Therefore, will not be heard in the court the objection of government officials to the verdicts of quasi-judicial tribunals as plaintiffs, and depending on whether the plaintiff is the government or the people, the review authority will be variable.In addition to creating a substantive challenge, this has led to numerous heterogeneities of the procedural unity verdicts to resolve this problem, which in itself hasbeen the root of many problems.Jurisdictions and requirements ofquasi-judicial tribunals are different from administrative actions and decisions,so it seems the grounds of paragraph2of Article10is not in principle173and is rooted in principle159and the need to have access to a court for persons. The theory presented in this article is that considering the position of the Court in judicial review on quasi-judicial tribunals and theconstitutional requirement for this control,it isnot appropriate to limit the Court's jurisdiction to principles170&173and to accept the Court o as an only court that control on administrative sphere, has general jurisdiction on quasi-judicial tribunals inaccordance with principles34and159. This view causes that the competent judicialauthority isnot variable according to the plaintiff.

Punishment reflected in judicial rulings is one of the tools of government governance in the field of protection and management of water resources in the new irrigation plan of the crisis-stricken plain of Sistan. In this regard, the explanation and analysis of the philosophical approach of the penitentiary institution clearly shows the strengths and weaknesses of the judiciary in dealing with water crimes. The results of this study, which was conducted by descriptive-inferential analysis, indicate that some courts have used the utilitarian approach and others the punitive approach in the prescribed punishments. However, the consequence of this dichotomy in the philosophical approach has rendered the policies of the justice system in the protection of water resources ineffective. The results of this study show that any amount of punishments determined by the general expectations of the local community and the capacity for a culture of compromise in resolving disputes between water resources stakeholders in this project, in addition to the capacity of religious teachings to pay less attention to the inefficiency of punishment. Will lead to water crimes.

Human social life has been impacted by the progress of artificial intelligence, and has entered the new age of artificial intelligence. From the era of artificial intelligence and the innovation of the theory of administrative rule of law, the traditional theory of administrative rule of law presents stiffness. This paper, based on the background of the era of artificial intelligence, puts forward the new reconstruction of the theory of administrative rule of law. According to the findings of the paper, the new characteristics of the new era, namely, joint efficiency and justice, procedural doctrine and extended administrative supervision will profoundly cause the reform of the theory of administrative rule of law. The application of artificial intelligence will provide a relatively unified standard of reasoning and evaluation criteria for administrative decision-making, and greatly reduce the lack of unification caused by the subjective difference. Intellectual administrative system can collect information, consider relevant factors, ensure the accuracy of decision making, and improve the fairness of the decision of the administrative subject. Through the establishment of a personalized database of mass citizens on the basis of big data, the administrative activities can not only be provided according to the individual data of the administrative relative, the personalized management can also allocate administrative resources timely and effectively. Hence, the main result of the reconstruction of the theory of administrative rule of law is the intelligent realization of the important principles, namely, good administration (over the legal administration), efficiency and justice, decentralization, and cooperation.

The principle that loss must be compensated by the one who imposed it, is agreed upon in almost every legal system. The crisis management organization (CMO) establishment act forces the government to compensate the losses due to the natural disasters (as an instance for crisis) against the people affected. However, all damages due to natural disasters are not caused by government performance and thus it could not be assumed as civil liability in the exact sense of the word. It is rather a legal enforcement in order to perform its role in the response and recovery stages of the crisis management process, based on which the government is responsible to prepare the minimum requirements needed for improving the quality of lives of the affected community. In case that the government fails in performing its role in any of the four-staged crisis management process, which results in any damages or loss for the people in the affected community, and if this is due to any shortage in the facilities or equipment provided, it is the government that is responsible for compensating the loss.

The access of state-owned employees to state funds and funds, which stems from employment and employment, has led the legislature to prohibit the use of unauthorized use of property and public funds and criminalize the crime of illegal seizure. The Social Security Organization is also included as a public non-governmental organization, which receives huge funds from a premiums payment, subject to this regulation. This research, using a descriptive-analytical method, seeks to consider the inclusion of Article 598 of the Sanctions Act in relation to the social security investment company known as Shasta. The legal personality of the subsidiaries and affiliates under the control and management of the holdings, the investment company and, ultimately, the social security organization, indicates that Shasta is a non-governmental public institution and therefore, in accordance with the statute of the organization and the law of general calculation, any use Unauthorized access to the property and funds of the Social Security Organization, in particular through the insurance rights of individuals affiliated with the organization, will result in criminal liability arising out of unlawful seizure of property and funds

Transactions with the subject of transfer of ownership are one of the social necessities, the document has an important role in proving the realization of these legal acts, which may be formal or ordinary. The principle is that it is not necessary to prepare an official document, except in cases specified by law. The sale and transfer of real estate and letters of gift are among these mandatory cases. In addition, in some other cases, such as the transfer of patents, goodwill, ship transactions, special laws have established the need to prepare an official document. The transfer of car ownership as one of the most common and important transactions in society has recently been the subject of controversy. Transactions of this property did not require official registration, but with the approval of the Law on Investigation of Driving Violations approved in 1398, the official transfer of this property was also established. Due to the provisions of the law, the adequacy of the car ownership document issued by the police and its inadequacy, some consider the requirement to prepare the document in the notary public. The results of the investigation indicate that the document issued by the police force is official and there is no obligation to register it in the notary public offices. This view, in addition to complying with the existing regulations and the unanimous ruling of the Administrative Court of Justice, includes an approach to reducing the cost of transactions and in line with social welfare.

Protecting the rights of citizens is one of the key and important responsibilities of governments. In this regard, the active presence of citizens in the public arena is necessary to draw the general boundaries of their collective interests and rights, as well as to hold the institution of power accountable. In addition, regulatory and controlling authorities should be available to evaluate the performance of public officials. In such a situation, the concept of good governance becomes important. Good governance theory is an integrated theory that contains principles and indicators for reviewing administrative actions and decisions as well as increasing their efficiency. The present article examines the principles governing the services of the administrative system in the light of the theory of good governance. The research method in this article is descriptive-analytical and the mentioned subject has been studied using the library method. The results of this study indicate that in the administrative law of Iran, in the strict sense of the word, the various dimensions of good governance are not addressed. In many cases, which in a way indicates good governance, insufficient executive guarantees have been developed, and this is one of the shortcomings of good governance in Iranian administrative law. However, in its rulings, the Court of Administrative Justice has paid attention to many components of good administration and has been able to largely address the shortcomings in Iran's administrative law in practice.