نشریه پژوهش های نوین حقوق اداری
پیاپی 13 (زمستان 1401)

Having the technology of knowledge-based products, depending on the type of industry, can give a lot of power to governments, and therefore it is necessary to support these companies. The legislature has also required the government to support these companies, but due to administrative inconsistencies and the lack of some infrastructure, these protections have not yielded the expected returns. In this descriptive-analytical study, the administrative challenges of supporting knowledge-based companies were investigated. It was concluded that the custodian of the companies' rating is not very specialized and considers only the ownership of the accelerator company as a criterion for the research score, which only leads to the presence and enjoyment of the benefits of knowledge-based companies by parent companies that do not have the expected return. On the other hand, some of the benefits provided to knowledge-based companies have in practice been ineffective by other institutional administrative regulations. The Tax Affairs Organization, by incorrect division of jobs, has deprived the knowledge-based companies of the benefit of tax exemption benefits, and the Customs of the Islamic Republic of Iran, by enacting regulations to protect sailors, has allowed the import of goods similar to knowledge-based products into the country. In the silence of the law, intellectual property cannot be mortgaged and there is a need to administratively consider such a privilege for the said property, which is a kind of protection for knowledge-based companies.

To commit a crime, the integration of three psychological, material and legal elements is required. In the current legislative situation, barriers to criminal liability are divided into two categories: factors that justify crime and factors that eliminate criminal responsibility; But the absence of some elements can generally prevent the commission of a crime that is important in the judicial affairs of the prosecutor's office. This research has been done by analytical-descriptive method and its purpose is to investigate the effects of the establishment of new barriers to the realization of crime on the administrative procedures of the prosecutor's office. It was concluded that the boundary between obstacles to the commission of a crime is blurred by the two current establishments mentioned in the Islamic Penal Code, which legally require separation. In the absence of a crime, many criminal proceedings, which are the principles of judicial administrative law, such as the prosecution, security and detention of the accused; It should be canceled and the investigation should take a different path. In fact, the judiciary will not treat the perpetrator as a criminal. In this regard, there is a need for judicial officers to have more complete administrative coordination with the judiciary in order for the administrative procedures of the criminal procedure regarding the mentioned establishment to be properly implemented. Special and detailed consideration of the issue of attribution of crime is also required in the new establishment, which requires close and uninterrupted cooperation between the two judicial institutions of the prosecutor's

Since the foreign investment usually involves transfer of capital to the host country for a relatively long period of time; It requires trust in a government that has the power of legislation in its own country and by implementation of that power the fate of investment can change. The stabilization clauses are set primarily to stabilize the investors’ situation and to avoid their vulnerability towards the host state. There are different types of these clauses through them Economic Equilibrium Clause has been welcomed in recent years and practically replaced the traditional forms of stabilization clause of investment contracts in many countries.It is noteworthy that the economic Equilibrium clause is inserted for the sake of maintenance of the economic balance of the contract, and on that basis, unlike the traditional types of stabilization conditions, the host governments can also benefited from it. In this article, along with evaluating the compliance of the economic equilibrium Clause with the criteria of administrative law and explaining its types Stipulated Economic Balancing Clause as the most efficient classification of this clause in practice will be described from the perspective of the authors.

In recent years, populism was born of a theoretical paradox. On the one hand, the government is constituted by popular consent. On the other hand, to be effective, such a power must be restricted by recourse to concepts, such as the rule of law (constitutionalism paradox). explaining the relationship between populism with any of the concepts of the rule of law and judicial oversight helps shed light on this paradox and the populist interpretation of constitutionalism. Examining the relationship between these two notions suggests that merely explaining the relationship between populism and the rule of law is not particularly productive and fails to eliminate this ambiguity. Instead, one must investigate the association between different conceptions of the rule of law with populism to illuminate the matter wholly. From this perspective, populism and the rule of law are not necessarily at variance. Instead, populism is solely in contradiction with a substantive reading of the rule of law, and formal interpretation of the rule of law can be consistent with populism. Analyzing the relationship between populism and the substantive conception of the rule of law demonstrates that populism does not realize the right of popular sovereignty, unlike the prevalent claims. Instead, it leads to the rule of the majority, not the people. the article concludes that the superiority of the substantive conception of the rule of law over populism in the legal and political system without taking account of the rights-based models of judicial oversight will not be helpful.

The purpose of principles 44 and 46 of the constitution is to create competition, prohibit monopoly, efficiency and monitor the economy in order to increase the welfare of the society and create justice. Despite Article 46, no person is allowed to prevent the employment of others with respect to the activity and job they do, there is a suspicion of monopolization in the regulations of areas such as treatment. In this research, we will examine it. By identifying such regulations, it can be amended, In the current research, library and internet materials were used and descriptive-analytical method was used to check the data. This article seeks to answer the question of whether the regulations established in the field of treatment violate the principle of non-monopoly. As an answer, by stating the monopoly components in the policy implementation law, Article 44, reviewing existing regulations and laws, we will deal with the contradictions of these regulations with Article 46 of the Constitution in the field of treatment. Finally, we have come to the conclusion that in the existing laws and regulations in the treatment sector, some monopoly components such as the very low capacity of universities of medical sciences, anti-competitive obstacles through the non-issuance of licenses for traditional medicine doctors, determination of medical tariffs by the doctors themselves can be seen, that as a procedural solution, these laws should be amended first and As fundamental solutions, the general anti-monopoly policies law, article 46 is proposed.

After the Islamic revolution of Iran, the film censorship has also been applied by the government to cinematic works. In this article, based on the films of Kimiaei and Hatami, the ratio between the censorship of their films and the law of the 1980s has been analyzed and judged. In the years 1979 to 1991, when the new legal system was being established and stabilized, laws and regulations were implemented in the field of cinema and film Censorship and four films by Kimiaei and Hatami were caught by the censorship blade. In Kimiai's film, "Red Line" was censorship for reasons such as not observing the hijab(Shari'a), presenting a different character from a Pahlavi government security officer, and the "Blade and Silk" film for different face of addiction and drug trafficking and depicting prisons. In Hatami's works, "Haji Washington" in order to present a comic picture of the Iranian ambassador in the Qajar period and criticism of the political diplomacy of the 1980s; and the movie "Jafar Khan returned from Abroad" have been banned due to the vulgar depiction of the conflict between tradition and Westernization. The cases that after reviewing the censorship of the films according to the legal standards of the time, were found to be unreasonable, and the censors of the 1980s, by passing the law of censorship the films,ordered the censorship of these works with extra-legal criteria, and the regulations for the supervision of the screening of films approved on 1965 and 1983, have been violated.

Generally , countries base their assemblings on two systems, "precautionary" and "preventive." In the precautionary system, governments restrict the holding of assemblings with conditions (such as prior announcement or prior permission). In the persecution system, the principle is freedom, and citizens can hold assemblings without restrictions. Government intervention begins when demonstrators do not comply with the legal limits set for the protection of public order and other social considerations (including non-harm to the rights of others). In the present study, an attempt has been made to investigate the system of issuing permits for holding assemblings in the administrative law of Iran in order to identify the Defects in front of it. The result indicates that in Iran, many Defects and misunderstanding in the issuance of permission for holding assemblings can be traced. Therefore, the system of prudence and governance must take steps to eliminate them. These measures include cited; The need to pass a comprehensive law on public order, to provide a transparent procedure for permission by the Constitutional Court and the Court of Administrative Justice, to determine specific places for holding assemblings, to develop political parties and associations, and to review and reform the composition of permissing members.

In this paper the main theories of regulation including; public interest theories, private
interest theories) capture theory (and institutionalist theories of regulation was examined.
The aim was to consider the underlying policy and the reasons of regulation and
to find out how the regulation has been constituted. It was found that the Public interest
theories consider the regulation for achieving public interest, market efficiency and to
solve the market failure. Capture theory considers the regulation as a device for achieving
the private interest of groups by monopolizing and affecting in policy making and
legislation. Institutionalist’ theories have this view that the public interests، private interests
and institutionals’ interests should be combined together in constituting the regulations.
The recommendation of this paper is that we need to take account all different
interests, for example we should give attention to public interests, the interests of social
institutionals and the interests of economic elites and in the main time the monopoly
should be prevented. The regulation of our system should be reformed according to our
conditions and according to our social values

Tari lawsuits are one of the types of lawsuits that have been foreseen by the legislator in the Code of Civil Procedure as well as the Law on Organization and Procedure of the Court of Administrative Justice. In the current situation, according to the Iranian legal system, according to Article 17 of the Code of Civil Procedure and the Revolution in Civil Matters, any lawsuit that is pending in the hearing of another lawsuit by the plaintiff or the main person or by the main defendants It is called a litigation. Also, these lawsuits are lawsuits that are filed against other lawsuits in terms of unity of origin or relationship in terms of adding demands or in the position of defense or personal involvement in the lawsuit and are considered a complete lawsuit. In 2006, the law of the Administrative Court of Justice provided for the possibility of filing two types of litigation. With the approval of the Law on the Organization and Procedure of the Court of Administrative Justice in 2013, by assigning an article to each of them, an incomplete explanation of how to file these two lawsuits was given. Not only has this not helped to bring these cases before the Court of Justice, but it has also led to disagreements over how, under what title and by whom. The research method in this research is descriptive-analytical and library method has been used to collect resources.

The increase in the volume of cases raised in labor dispute resolution authorities has led to the development of alternative dispute resolution methods. Accordingly, considerable emphasis has been placed on resolving disputes arising from labor relations in international instruments and the laws of some countries. Despite the Iranian legislature's efforts to provide for some alternative methods of resolving labor disputes, arbitration has not been specified. Using a descriptive-analytical method, this study seeks to answer the questions of whether the inclusion of an arbitration clause in the employment contract is necessary and whether such a clause is allowed in the Iranian legal system? According to the findings of the present study, although the Iranian legal system has taken a positive approach to alternative dispute resolution methods, but the inclusion of arbitration in employment contracts in the Iranian legal system, for the reasons that will be addressed in this study, including It can be pointed out that the benefits of arbitration are unfavorable compared to the current method of handling labor disputes, as well as the numerous challenges of referring these disputes to arbitration, especially for workers, without the necessary justification and desirability.

In the 1989 revision of the constitution, the necessary powers were provided to the president and the cabinet to resolve disputes between the executive bodies. Based on the mentioned principle, the government took action to regulate and anticipate the dispute resolution mechanism within the executive branch, the most important of which is the by-law on how to resolve disputes between executive bodies approved in 2007. Nearly 14 years have passed since the implementation of the mentioned by-law and the experience of its implementation can well reflect the capacities and challenges of the Iranian legal system in resolving the disputes of the executive bodies based on Article 134 of the ICCPR. The findings of the study indicate that resolving the challenges of the current dispute resolution system requires the inclusion of a permanent provision in the law in order to focus dispute resolution based on the bylaws on how to resolve disputes and prevent executive bodies from filing lawsuits against each other in the judiciary.

Today, administrative litigation is recognized as a new type of litigation. The importance of observing the principles and standards of fair trial in this type of trial is twofold, because in this type of trial, one side of the relationship is the government, which is in a position beyond. Anticipation of legal mechanisms to comply with the standards and criteria of ritual fairness in order to protect the rights of persons involved in the administrative proceedings, causes the proceedings to be carried out in an appropriate manner at the administrative level. Accordingly, the Law on the Establishment of Disciplinary Boards to Investigate Complaints and Violations of Armed Forces Employees provides for primary and review boards in the IRGC, the army, the police, and the Ministry of Defense to investigate violations by members of the Armed Forces. Is. The results of this study show that the general criteria of a fair trial such as two-level trial, the principle of independence and impartiality of the judicial authority, the principle of trial within a reasonable time and providing sufficient opportunity for defense and the right to a lawyer in these authorities are violated. Seriously faced. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

In line with preventive judicial policies, the issue of bankruptcy prevention has been raised, and the French government has been very successful in this regard. Despite the high rate of bankruptcy in our country, this research was conducted with the aim of investigating the administrative procedure of the French government in this case and the possibility of applying this model in the legal system of our country. The research method was analytical-descriptive. It was concluded that despite the fact that the main laws of France were written, the administrative law system of this country had a certain influence of customs and without respecting the hierarchical issues, the institutions cooperated properly with each other and determined their legal responsibilities according to customs. The division of bankruptcy into two types, apparent and real, has the main effect on the adopted administrative mechanism of prevention, and the general policy of the authorities of this country is not to convert the type of suspension from apparent to real. In our country, due to the limitation of administrative affairs to legal documents and strictness in this matter, especially in the matter of hierarchy, it has not been possible to implement this model, and it is necessary that appropriate legal documents be prepared in this regard and the exact details of responsibilities should be clearly mentioned.