نشریه پژوهش های نوین حقوق اداری
پیاپی 14 (بهار 1402)

Welfare regimes represent the set of welfare policies and programs of a country in the field of opinion and practice,which form the welfare structure of a country and for the very important goals of welfare,including the happiness and well-being of citizens, the development of society,and also the very wide effects that the lack of welfare components in societies have(such as injuries, deviance and crimes),has been the focus of social and criminal policy makers.In this article, by using the descriptive-analytical method, welfare structure based on upstream documents as a legal theory and perspective, as well as the country's welfare status in the international arena aswelfare practice and function are examined.And it is analyzed.The results of this research show that, on the one hand,the fundamental laws in Iran, despite the intensity and weakness of the welfare programs,indicate a relatively comprehensive view and the desire to implement the welfare state system of the social democratic type, and on the other hand, the state of welfare indicators in Legatum's report shows the very unfavorable state of welfare in the country and Iran's inappropriate position in the international and even regional arena.Also, the comparison of welfare indicators in the Legatum report shows that in terms of the welfare system, Iran is next to the less efficient informal supply countries.Therefore, there is a huge gap between what is introduced in theory as the welfare policies resulting from the basic laws and the practice that is the result of the current state of welfare in the country.

In the last ten years, we have had about one hundred and seventy thousand dead and more than three million injured in traffic accidents. The complexity and numerous factors involved in the traffic accidents have caused the government to make effort to control the factors affecting traffic accidents by creating regulatory institutions. One of the most substantial institutions which was established is the Road Safety Commission of the country. Despite the existence of significant goals and tasks in the regulations set for the Road Safety Commission, the desired performance results for this institution have not been achieved so far. Therefore, questioning about how these institutions were established, how they operate and also their enactments and decisions from the rule of law perspective can represent a key question in explaining the current situation. In present article, according to the indicators of the rule of law, the way of establishment and legal status of the Road Safety Commission are investigated, as well as the degree of compliance with the indicators of the rule of law in the performance and decisions determined in the Commission. The present study demonstrates that despite the emphasis on the rule of law, none of the formal and substantive principles of the rule of law are properly observed in the establishment and ongoing processes of the Road Safety Commission. Therefore, part of the problem of traffic accidents can be found in the improper functioning of regulatory institutions from the perspective of the rule of law.

The increasing development of information technology and its increasing use in daily life, in addition to improving the quality of life through legitimate use, also causes harm to society. Cyberspace, which is one of the achievements of information technology, has provided the basis for various legal-financial developments. Encrypted or digital currencies that are not more than a few years old have become widely used in recent years. Today, with the introduction of cryptocurrencies such as bitcoin in different countries and their widespread use by the public, many ambiguities have been raised about their nature, and the acceptance of cryptocurrencies and virtual currency has had pros and cons, each of which to prove They point out their opinion for several reasons. On the other hand, due to the novelty of this phenomenon, the regulatory role of governments in this new area is significant and important, and due to the duty of governments to ensure the economic security of citizens and protect their rights. Individuals, government intervention in this new area, is essential. The research method in this research is descriptive-analytical and library method has been used in collecting resources.

The right to participate in cultural life, at the global level in Article 27 of the Universal Declaration of Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights, and at the regional level in Article 17 of the African Charter on Human and Nations Rights and Article 14 of the Additional Protocol to the Convention on Human Rights. It has been accepted in the American and Iranian legal system, in the constitution, ordinary laws and even soft law. At the level of international human rights, this right means real and guaranteed opportunities for all groups or individuals to freely express their works, communicate, act and engage in creative activities with the aim of development In Iran's domestic laws, by studying the principles of the constitution and related ordinary laws, it can be said that the said right has two different meanings: the enjoyment and benefit of different individuals and groups from cultural goods that are in the form of various written, visual and audio media. It is conceivable and the right to belong to a specific culture and to participate in its prosperity, which brings up the discussion of subcultures and cultural participation. Today, the issue of people's participation in the administrative system has been accepted as one of the indicators of good administration, participation has different dimensions and one dimension is cultural participation in the structure of the cultural administrative system, examining this right in terms of administrative law is also important.

It is possible to explain the effects of the laws by determining the performance guarantee for each of them. In addition to defining the mechanism for investigating violations and crimes committed, this function also includes preventing the citizens and law enforcement officers to violate. The role and position of Tender’s laws, include the large volume of turnover and transactions from public sources, has doubled the importance of examining this issue in the field of Tender’s laws. Uncitral Model Law on Public Procurement (2011) as a comprehensive document of the optimal model of tenders in line with the objectives of the legal system of tenders has designed the process of handling complaints of tenders based on the rules accepted by international law and with the highest degree of compliance with domestic laws of its members. The present study tries to provide practical solutions with the aim of reviewing and improving the efficiency of the current laws of the Iranian legal system by examining and extracting the criteria emphasized by the Model Law and comparing it with the process of handling complaints in tenders in Iran’s legal system.

Control of administration is the basis of administrative law. One of the judicial control in Iranian administrative law is the refusal of judges to implement government decrees and regulations in violation of Islamic laws and regulations or outside the powers of the executive branch. This oversight is only in the position of a judge and only leads to the non-implementation of these regulations. Government regulations are general acts issued by the competent authorities. In case of a broad interpretation of "government", these regulations can be issued to include all approvals, whether from non-condensing institutions or decentralized and special institutions. "Judges of the courts" includes sitting judges, and judges of the courts cannot be included in this sense. Judges of the Dispute Resolution Council do not enter into this meaning either, because the principle of judicial security and separation of powers requires that we do not interpret this principle broadly. The term "Islamic laws and regulations" does not include the constitution, because whenever the constitution intends to name the constitution, it puts "constitution" next to "laws." Also, the "laws" do not include the approvals of institutions such as the Supreme Council of the Cultural Revolution, as the principle of judicial security prevents this interpretation. Islamic rules can be considered as valid and famous fatwas of Imami scholars and rules derived from Imami jurisprudence.

The two independent pillars of the branches and the general board of the Administrative Court of Justice are responsible for independently handling complaints about case and general administrative decisions, despite the theoretical separation between the jurisdiction of these two pillars, but distinguishing between examples of general approvals and case decisions in very difficult cases and It was the source of the dispute. Therefore, the explanation and interpretation of these two concepts can be both epistemic and practical, creating numerous works in the performance of the judges of the court as well as those who refer to it. Therefore, the basic question of this article is what are the characteristics of case decisions and general approvals in the laws and the judicial procedure of the Administrative Court of Justice, so that finally the distinguishing criteria of these two concepts can be identified. In this passage, an attempt has been made to analyze library resources, laws and judicial opinions with a descriptive and analytical method. In the end, the main finding of the research is based on the assumption that the authority of government regulation is the same as the authority of legislation, which is exceptionally entrusted to other powers other than the legislature in order to overcome executive problems and create a framework for law enforcement. Therefore, the general approval should be It has all the inherent characteristics of the law, including generality, prescriptiveness, universality, and looking into the future.

Job security is one of the most important issues in the field of work relations between workers and employers. Based on this, considering the inherent inequality between the parties of the labor relationship, i.e. the worker and the employer, labor law regulations should take steps to ensure job security. The analysis of job security in the light of Iran's labor law can be examined from two aspects: the first discussion is the issue of temporary employment contracts, and the second axis of discussion is the issue of firing workers, which must be done according to certain formalities. According to the ambiguities in the labor law and the differences in the inferences in the articles in question, the Administrative Court of Justice, as a judicial supervision authority, sometimes in the capacity of issuing unanimity votes by the general board and sometimes through its branches, takes steps to develop procedures on the issue of job security. has done The results of this research show that the situation of job security in Iranian law is seriously compromised. The research method in this study is descriptive-analytical and library method was used in collecting sources.

Nowadays, disputes in the sale of buildings and apartment units before construction is one of the common problems in society, which depends on pre-sale or pre-construction contracts. The long duration of construction projects and fluctuations in the prices of materials, especially due to today's unstable economic conditions, is one of the important reasons for the many differences and obstacles in the development of pre-sale contracts in Iran. Regardless of the circumstances beyond the control of the parties, many contractual and non-contractual issues, due to the multidimensional complexity of pre-sale contracts, cause the parties to differ in fulfilling the obligations of such contracts. In this study, the factors that cause differences in real estate contracts (in general) and pre-sale contracts (in particular) are investigated. The government and especially the document registration organization can reduce the number of lawsuits in this area by applying appropriate regulations in various areas such as pre-sale registration, adequate awareness, and implementation of the cadastral plan. Radameh also offers solutions to prevent disputes in building pre-sale contracts, which seems to be one of the most important solutions for the official registration of building pre-sale contracts. In general, in this study, regardless of the type and nature of pre-sale contracts, in a descriptive-analytical manner to identify the causes of disputes with the origin of the administrative system and ways to prevent these disputes from the perspective of administrative law.

According to paragraph 12 of the general policies of the administrative system based on attention to effectiveness and efficiency in administrative processes and methods, with the aim of decriminalizing and reducing the referrals of executive bodies to judicial authorities for quick and free resolution of disputes between executive bodies, both national and provincial, in accordance with Article 134 The Constitution, based on the regulations on how to resolve disputes, the laws and regulations of the country's annual budget, the laws of the fourth and fifth development programs of the country, and the law regulating part of the government's financial regulations. In 2016, the Council of Ministers approved the regulations on how to resolve disputes between executive bodies. According to Article 3 of this regulation, disputes between the provincial institutions that are not resolved by the heads of the aforementioned institutions by using their legal powers, will be referred to the governor to be decided within the limits of his legal powers and the solutions provided in the laws. The main question in this research is what is the role of the governor in the process of resolving disputes between executive bodies? According to existing regulations in cases where the resolution of these disputes requires the decision of the Board of Ministers, the issue will be reflected by the Governor along with the documented and substantiated theory of the Governor to the Legal Vice President and with the proposal of the said Vice President along with the legal theory.

The present research tries to investigate and explain the extent of Al-Faragh region in the thinking of Martyr Sadr and the fundamental rights of Iran, using the analytical and descriptive method and library tools.The most characteristic of this region is the change of government rulings and laws in different time and places. Such as the rulings related to sex change and artificial insemination, which were not discussed in the past, but we are facing them in the present time and in Islamic societies.Legal rules Al-Faragh region is considered as one of the three examples of Islamic ruler's ruling. The first example is the provincial decree which is issued in conjunction with the initial decree in such a way that the Islamic ruler, based on the public interest and in the implementation phase, temporarily closes the first Sharia decree;in the other case, the provincial decree is like the executive orders and rules of the first decree.They act according to Sharia, both of these assumptions are different from the established provincial decrees; the third example is the provincial decrees or the established provincial decrees regarding Al-Faragh region,which includes many legal rules, including laws and regulations. In Iran's legal system, the theory of Al-Faragh region It is acceptable and many acts of the legislature can be examined in this form of this theory.On the other hand, the scope of this theory includes new and invented issues.field, it is possible to use the theory of al-Faragh region as a basis and rule of law.

For the first time in 1946, in the resolution of the United Nations General Assembly, the issue of obtaining and accessing information as a fundamental human right was legalized and discussed. The spread of corona virus was reported for the first time in Wuhan, China, in early December 2019, and it gradually covered the whole world. At the present time, when most of the countries of the world are affected by the corona disease, it is the right of all citizens to be aware of the information related to the origin and spread of this virus. If it can be proven that the Chinese government failed to notify this matter in time for any reason, it can create international responsibility for the Chinese government. , it can threaten the right to life and the security of life of many people and put them at risk, governments cannot, for various reasons such as public order and national security prevent the notification of this disease, because in this case, the issue of national security and public order is in conflict with access to information related to public health and the right to life of humans, it is obvious that priority should be given to the right to human life and maintaining public health. In this article, with a descriptive and library method, the human rights obligations of the governments during the Corona era have been investigated with an emphasis on the right to information.

The emergence of a new disease called Corona in 2019 made the world face a new crisis that affected all aspects of human life. One of the goals of establishing the World Health Organization was the need to fight against epidemics that are beyond the borders of countries. However, the financial and technical opportunities needed to achieve their goals and the cooperation of the member countries were not always at the optimal level and are not. Experience has shown that half of the financial resources include voluntary contributions for specific programs, but the organization refuses to develop a binding legal rule regarding them. Covid-19 are acting according to the guidelines and guidelines of the World Health Organization. It should be noted that despite all the problems and some mistakes, the organization managed this process correctly with the experience gained from previous epidemics. In domestic law, with the occurrence of this crisis, the functions of the government have also changed, which can be discussed in the three areas of prevention, treatment and the creation of new administrative structures to manage and control the disease. The main question that this research seeks to answer is the investigation of the impact of Corona on the functioning of the government in domestic law as well as the international body in charge of health, namely the World Health Organization. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

The book is a means of freedom of expression and also an essential tool for the free circulation of thoughts and ideas. Monitoring of book printing and publication is done either through prior supervision (licensing system) or through ex post supervision (post-publication supervision). The first approach is strict and based on lack of trust in book authors and publishers, while the second approach is democratic and free-spirited. The question is, what are the shortcomings of the current book licensing system in Iran compared to the standards of freedom of expression and freedom of information? This research has been done in a descriptive and analytical way. In Article 24 of the Constitution, the principle of freedom to publish books without censorship and prior audit is implicitly accepted with the two stipulations that it does not "harm the principles of Islam" or public rights. freedom of expression has been determined by the Supreme Council of the Cultural Revolution. It is suggested that the book licensing system be removed and restrictions and prohibitions related to freedom of speech in the field of books be determined according to the law approved by the Islamic Parliament.The judicial supervision over the approvals of the Supreme Council of the Cultural Revolution, which was removed as a result of the latest amendments to Article 19 of the Law of the Court of Administrative Justice approved in 1401, should be established again. Also, book publishers' violations should be dealt with in accordance with the principles of a fair trial

The issue of civil responsibility in the field of internet communication is one of the most important issues that has always been the focus of legislators. Civil responsibility can be realized at two levels of responsibility of individuals and the government. The evolution of this issue in Iranian law goes back only to the last few decades, but it has a long history in the field of international law. In Iranian law, the civil liability of individuals arising from internet communication has conditions such as realization of loss, harmful act and attribution of fault, which is based on the principle of harmlessness, respect, atonement, goodwill, etc. In terms of administrative rights and civil responsibility of the government, it seems that Mukhtar's opinion is... among different bases and theories. This type of responsibility in the field of international documents is also based on the theory of fault, which some countries, like the common law, have accepted the theory of risk as the basis of fault in the form of twin. Therefore, one of the important goals in writing this article is to examine the course of development and the foundations of civil liability arising from internet communications in Iranian law and international documents with a descriptive-analytical method. The theory of fault in the field of international documents is also variable and based on the theory of fault and twin risk.

Clause22,Article1of the Securities Market Law of the Islamic Republic of Iran,approved in2014,defines the parent company asacompany that, byinvesting in an investable company in order to gain profit,acquires so many voting rights that it elects a board of directors to control the company's operations.or be effective in the selection of board members.This definition seems to bethecorrect distinction between parent companies with similar companies(investment company,holdingcompany)and similar titles(combinationofcompanies,joint venture and trust) and determining a specific position for subsidiaries with a similar company(affiliated company)And similar titles(branch and agency)are not given in financial and commercial laws.The specialized parent companyandholdings have similarities with subsidiaries and similar titles, but they are not the same.There are many differences and distinctions between these titles, which have many effects on these differences. In the upcoming article,we will compare specialized parent companies and subsidiaries with other companies and similar titles in Iranian and American law.The research method is descriptive and analytical, and the library method was used to collect the sources.The results of this study show that due to the lack of comprehensive and technical laws and regulations in the field of specialized parent companies and holding companies,the terms holding company and subsidiary company are used equally with similar companies and titles, while Each type has its own regulations and from the legal point of view, the structure of these companies is different and distinct from each other.Also, state-owned specialized parent companies can be considered as a special type of holdings,whose position has not been properlyexplained in Iran's administrative law system.

Effectiveness as an interdisciplinary concept is a characteristic that the government institution, as a point of departure in the knowledge of public law, guarantees its legitimacy and stability and ensures the satisfaction of its citizens. Since the road map of a government is determined by the goals set in the political theory that supports it, studying the coordinates of that theory will be the key to finding its effectiveness requirements, which in the present research, for a more accurate understanding and objective examination. Moreover, the theory of Neo liberalism has been analyzed as one of the latest theoretical achievements of thinkers in the field of public law and studies related to governance. In this analytical-descriptive study, which was written based on documentary data, the authors are looking for an answer to the question, "What is the concept of effectiveness in the field of state and what are its characteristics in the theory of modern liberalism?" Respect for the principles of democracy and human rights, respect for civil society, social solidarity and respect for ethnic diversity, the rule of law, political rationality and the primacy of public interests, commitment to a free, competitive and global economy, the purposeful and moderating role of the government in public affairs and dynamic, transparent and monitor-able political and economic institutions are prominent components in the state's strategies based on the theory of modern liberalism, which help it in realizing its goals and responding practically to the expectations of citizens.