نشریه حقوق اداری
پیاپی 32 (پاییز 1401)

Based on Article 173 of the Constitution, the Administrative Justice Court has jurisdiction over complaints against administrative regulations, and Article 170 specifies the possibility of annulment of these regulations. Although in the Organization and Procedure of the Administrative Justice Court law, with the separation of the jurisdiction between the General Assembly and branches, review on administrative regulations is the responsibility of the General Assembly, but based on the procedure of this Court, some regulations are excluded from the competence of the General Assembly. This research seeks to answer this question in a descriptive-analytical format, what are the Content barriers to the review of administrative regulations by the General Assembly of the Administrative Justice Court? And what are the problems with this Court's procedure in this regard? The findings of this study indicate that one of the most important content barriers of the General Assembly's hearing on complaints against government regulations is "Content is non-existent", "non-binding", "declared and without ruling" and "lack of executive validity". In these cases, with regard to considerations such as guaranteeing the right of individuals to sue, guaranteeing the rule of law, paying attention to administrative requirements and especially the requirements of the administrative procedure, preventing the violation of people's rights and compensating their damages and especially paying attention to legal duties, the Administrative Justice Court’s procedure should be reviewed.

The present study was conducted with the aim of investigated job independence and dignity of job and employee on Pro-Social Rule Breaking with the mediating role of Assertiveness among Tabriz judicial staff. This research is applied in terms of purpose and descriptive-correlation in terms of method. There were 878 people in the statistical population of Tabriz justice researchers who were working between August 1st and October 2021. The statistical sample size was calculated using Cochran's correlation and 268 people were selected by stratified random sampling. Data were collected through a questionnaire. In order to ensure the existence or non-existence of a causal relationship between the research variables and to check the suitability of the observed data with the conceptual model of the research, the research hypotheses were carried out using the structural evaluation models of the test. In this research, structural equation modeling and the method of least square test (PLS) have been used for hypotheses and model fit. Examining the fit indices of the model indicates that the structural model of the research is in a good fit state. The research showed that job independence and dignity of job and employee have a significant effect on Pro-Social Rule Breaking and Assertiveness. Also, boldness has an effect on Pro-Social Rule Breaking, and Assertiveness plays a mediating role in the effect of job independence and job and employee dignity on Pro-Social Rule Breaking.

The main purpose of this study is to "design and explain the employee voice pattern with emphasis on organizational culture and mediating employee empowerment in state-owned banks in Iran in order to provide the desired model (Case study: the headquarters of the Agricultural Bank and its branches in Tehran)." The research method is mixed, which in the qualitative part is thematic analysis and in the quantitative part, structural equations were performed using SPSS and PLS software. First, specialized texts of research variables were studied and then interviews were conducted in an unstructured way with 16 experts of the target population in deep semi-structural method who were identified by snowball sampling method. As a result, 4 dimensions were identified for organizational culture including Customer orientation, discipline, specialization and ethics and 4 dimensions for the employee voice, including: useful, beneficiary, consistent and warning. In the quantitative phase, the research population consisted of 1955 employees at the research site that Using Morgan table and stratified random sampling method, 322 people were selected as the sample size. According to the results, organizational culture was related to empowerment and employee voice and also, empowerment is related to the employee voice and their relationship was positive and meaningful. The results also showed that with the promotion of organizational culture, the voice of useful, beneficiary and warnings increased but decreased the consistent voice. The fit of the final research model was equal to 0.573, which indicates its strong fit. based on the research model, 19.7% of employee voice changes are made by organizational culture and with the presence of mediator variable, this rate increases to 39.9% and each time the direct and indirect effects of two predictor variables (organizational culture) and mediator (employee empowerment) together, the total effect is equal to /596 which shows with the presence of employee empowerment variable, 59.6% of employee voice changes are explained by organizational culture, which shows the importance of this variable;  According to the research results, some suggestions were made.

In a system of administrative decentralization, the central government delegates the right and authority to the local or professional institutions to make decisions. In our country, the government authorities are delegated to local institutions in the form of the Town and Village Councils and delegated to the Public Non-Governmental Organizations in specialty matters. Given that the Social Security Organization is run as a public non-governmental organization in the system of administrative decentralization framework and provides social security public services instead of government, it is essential to examine the requirements of the decentralized administrative system in the structure of this organization. In practice, it can be seen that some of the requirements of the administrative decentralization system in the social security organization are not properly met. In this research, after introducing the system of administrative decentralization, its requirements in social security organization have been studied and analyzed

Limiting the ownership of individuals in the implementation of approved urban plans is one of the challenging cases in urban planning law. It is obvious that when there is a conflict between two interests, you should choose an interest that includes a larger number of people in the society. Therefore, in the confrontation between private and public interests, priority is given to the public interest, which can be easily justified using general legal rules and principles.In the current research, the author has investigated the legal rules and regulations and judicial procedure in this field and the challenges in the two legal systems of Iran and France using the library method. What can be inferred from the comparison of the two legal systems and legislative developments in the field of urban planning rights and the institution of expropriation due to public interest is that the said institution has a long history in French law and has gone through many ups and downs, and the judicial procedure in This field has worked much more dynamically and effectively, but Iran's law in this field is younger and does not have the necessary efficiency. Therefore, it is suggested to the legislator, in order to protect the private property of individuals, by taking advantage of the successful experiences of other legal systems, including French law, to enact clear and transparent laws and to consider the guarantee of effective implementation for them, so as to avoid ambiguity and summaries of the law, so as not to witness the mismanagement of some offending institutions.

The success of statesin implementation of economic development programs and resistance to economic sanctions depends on the existence an integrated policy in Customs law and Foreign Trade scope which indicates theimportance of Customs law.Furthermore, it could be led to the implementation of general policy of resistanceeconomy, this research attemptsto provide a vision of legal damages of Iran legislative policy in the scope of Iran Customs law as well as specific suggestions to remove the existing damages. The main research question is that, how to evaluatelegal damages of Iran legislative policy in Customs lawscope. The results showthat lack of an integrated and comprehensive legal policy in the Customs law is recognized. It’s also the case that rules and related regulations exists in different segmentation and are isolatedwithout following a comprehensive policy compiled or amended.Inorder to remove of existing damages is to compile a comprehensiveand integrated policy in Customs law scope and the law needs to be incorresponding with conditions and complexities in the country and allexisting forms of the law. Finally, amendment of all Customs law related rules andregulations, on basis of compiled policy, apart from segmentation and isolatedviews and determination of single policy making source is essential.

Resistance economy is a way to deal with sanctions against an embargoed region or country. In the meantime, considering the conditions of sanctions, if an organization can strengthen resilience in itself and its employees, it will be more successful. Organizational resilience is a term to describe the organization's capacity to respond positively or at least adaptively to disturbances, which shows that there is not only resistance to external shocks, but also the capacity to adapt and learn. Therefore, the purpose of this research was to design a model of organizational resilience with the approach of resistance economy policies in governmental organizations. This research is an exploratory research based on interviews with 21 managers of political, security and social organizations and senior and expert experts of Qom province in a semi-structured way and with targeted sampling. In this research, a total of 271 codes were identified, among which 20 sub-themes were extracted from the interviews conducted and the study of theoretical themes. Two main themes affecting organizational resilience with the approach of resistance economy policies in governing organizations, external factors (including: economic factors, monetary and financial policy, government effectiveness, governance, banking health, export diversity, import dependence, external strength, reserves and dependence on the oil industry) and internal organizational factors (including: organizational learning and culture, internal resources, innovation and creativity, dynamic competitiveness of the organization, communication, human resources, organizational strategy, organizational agility, productivity and management of resistance to change ) are included.

In cases where a regulation is annulled for inconsistency with the law, it is assumed that from the time of approval until the annulment, the rights of persons have been violated. Therefore, in Article 13 of the Organization and Procedure of the Administrative Court of Justice Law, the legislature has provided a mechanism for the General Assembly to extend the effect of annulment to the time of approval in cases where it violates the rights of persons. Therefore, considering that the application of Article 13 of the Law is related to the rights of many persons, the Court's approach to its application will important. In the current research, this issue has been addressed with a descriptive-analytical approach and using library resources, and reviewing the decisions issued by the General Assembly in this field. The result obtained from the current research shows that the Court has adopted a minimal and restrictive approach to the application of this article; and it has not used well of the protective mechanism of Article 13 of the Law in the restoration of the rights of persons

The concept of whistleblowing as one of the most effective new methods of monitoring, has a significant role in preventing and detecting violations and is one of the main components of improving the economic situation and fiscal discipline. In this regard, the present study was conducted with the aim of analyzing the effect of whistleblowing on the fiscal discipline of govermental companies. In this research, the mixed exploratory approach has been used so that the qualitative method has played an exploratory role and the quantitative method has played a confirmatory role. Also, in part qualitative, used grounded theory and in part quantitative, survey method and modeling of structural equations are used by Smart Pialas software. The experts of this research in the qualitative part 24 and in the quantitative part 50 of experts in the field of financial and managerial issues of govermental companies are that have been selected by snowball sampling method. Findings of the research indicate the confirmation of external and internal reliability and validity, and the five main paths of the research model and ranking of the dimensions of each of the research categories. Accordingly, "individual factors", "infringer influence", "violations monitoring facilities" and "decisive treatment of violators" as the most important causal, intervening, contextual and strategic factors and fiscal discipline of Govermental companies in the previous three stages, respectively. Expenditure, during and after expenditure have been identified as the consequences of Whistleblowing in Govermental companies. The pattern presented in this study, will lead to a better understanding of the relationship between the components of whistleblowing and fiscal discipline for the general public, the management of govermental companies and regulatory bodies.

Government decisions can be reviewed and annulled in cases where they have a formal or substantive objection. Despite the lack of a single model for judicial oversight, the dynamism of legal systems in the face of current issues has led to the identification of other causes. Principles such as proportionality, non-discrimination, rationality, today are independent aspects of the judiciary that were not recognized in the first formulation. The following is Article 12 of the Law on the Organization and Procedure of the Court of Administrative Justice, which enumerates the aspects of dealing with objections to government approvals, but considering Article 173 of the Constitution of the Islamic Republic of Iran, which considers the establishment of the Court to be the realization of people's rights It was not restricted to the aspects authorized in Article 12, and we will finally see that the judges, despite believing in the invalidity of the decrees, violated the rights of individuals; Face a deadlock of not finding the established direction. Article 12 mentions 'violation of the rights of individuals'. A phrase that has received less attention. In this article, by proposing the theory of 'violation of the rights of individuals' under the title of 'administrative human rights', we have tried to present this direction as an independent direction for annulment of resolutions that have in any way led to violation or deprivation of citizens' rights. To the 'rights of the nation' enshrined in the constitution. The research method is analytical.

The constitutional accountability in public administration is very important. And, it is one of the constant concerns of citizens and their elected representatives. However, little research has been done in this field, especially in Iran. This research investigated the feelings of Araki citizens about the constitutional accountability in public administration by using the qualitative content analysis method. The findings showed that the feeling of Arak citizens' regarding the constitutional accountability is weak for at least two reasons. First, many citizens do not believe in red light theories. Second, ordinary citizens do not have the ability to gather evidence and documents. Hiring a lawyer and holding him accountable also requires knowledge and financial resources that ordinary people lack. Therefore, many ordinary people cannot complain about public administration. Also, Araki elite citizens feel that the Administrative Court of Justice believes in the red light theory and handles complaints based on it. However, the mechanisms of this court are weak and cannot hold the country's administrative system accountable.