نشریه حقوق اداری
پیاپی 34 (بهار 1402)

International prosecution of accused and criminals, identification and extradition from the target countries, restitution of their property and request for judicial assistance in order to investigate and deal with corruption cases are the four main international aspects of these cases that are ongoing in our country. Although these collaborations have been effective in the four existing platforms, but the analysis of the behavior of domestic and international actors shows a great distance from the desired situation. In the upcoming research, the question is, what kind of legal model can be presented for the favorable international cooperation of Iran in dealing with corruption?. Qualitative data collected in interviews with elites, case examples and selected research texts were analyzed with the aim of identifying opportunities, harms and existing challenges and using the systematic approach of foundational data theory. The data in the process of triple open, central and selective coding in the Strauss and Corbin method, along with statistics in the relevant tables and classification in categories, led to five hypotheses and finally to the development of a desirable model of international legal cooperation against corruption.

Due to the importance of good governance components in the health sector, the purpose of this study is to identify and prioritize the components of good governance in Khorasan Razavi University of Medical Sciences from the perspective of experts. The present study is in the field of applied research in terms of purpose and in the field of quantitative and survey research in terms of data collection. In this study, the indicators of good governance of the World Bank, namely transparency, accountability, corruption control, participation, quality of regulations, and the effectiveness of maps and tasks were extracted. Also, the indicators of the standard questionnaire of Moradian et al. (2013), the indicators of the proposed program of the Minister to be presented to the parliament (2015), and the national document of the health sector in the fourth development plan were used in this field. The required data were collected through a questionnaire that was distributed among 15 experts. Finally, the Analytic Network Process (ANP) method was used to perform the analyzes and the DEMATEL method and Super-Decision Software were used to determine the weight, importance of factors, prioritization of indicators, and the effectiveness and efficiency of the indicators. The results showed that the components of transparency with a weight of 0.312 won the first rank, accountability with a weight of 0.189 with a weight of 0.172, and the rank of corruption with a weight of 0.172 was ranked third among the components of good governance in the health sector. Also, the components of transparency, accountability, quality of regulations, and control of corruption are more effective than their effectiveness. Identifying and prioritizing the components of good governance and applying them at the level of health and treatment can help governments to achieve social justice and create equal opportunities and improve the level of indicators such as health.

With the victory of the Islamic revolution and despite the change the laws and the desire for freedom, film censorship has been applied to Cinematic works. In this article, the censorship ratio of prominent films of the 1980s, including the works of prominent directors: Dariush Mehrjui, Bahram Beyzai and Abbas Kiarostami, with the administrative law of the 1980s, was analyzed and judged. At the beginning of the revolution, in the years 1979 to 1991, when the new legal system was being established and stabilized in the country, regulations were implemented in the field of cinema and film censorship, and the films of the aforementioned filmmakers were subject to censorship. For example,"The school we went to" by Mehrjui because of the criticism of the existing conditions using historical similes, "Bashu, the Little Stranger" by Beyizai due to the use of woman artist and her central role and showing a different image of the holy defense."Homework" by Kiarostami due to its critical portrayal of the education system. But the result of comparing the film censorship with the legal standards indicates that the censorships that were conducted did not comply with the administrative law, there were unreasonable objections, and the Censors of that decade, with extra-legal criteria and expediency, ruled on the censorship of these works. Therefore, the regulations for monitoring film screenings approved in 1965 and 1983 have been violated. This reduced the working life of these cinematographers and changed the direction of their filmmaking.

Although Privatization become a worldwide circulation of political and economic circles since last century but there are still basic disagreements on the mechanisms of its implementation and of course about the way of monitoring this process. In our country, though, the privatization and in particular privatization of state-owned enterprises goes back many years ago, but the culmination of this fundamental transformation comes from the general policies of article 44 of constitution and the law implementing it, which first addressed the issue of privatization in a comprehensive manner. Nevertheless success of the implementation of these policies has been in doubt for many years. This skepticism has become more pronounced, especially in relation to the corruption that has occurred in the area of divestiture and That is why the issue of overseeing oversight is important, Supervision is not just about choosing how to outsource state enterprises and In addition to discussing the preparation of firms (companies) for transfer, there is also a shadow over the post-transfer phase and Rather than merely changing the ownership of these firms, it has targeted the more fundamental goal of "increasing the private sector's share in the national economy" and ultimately accelerating the growth of the national economy.

Village Assistance Office is one of the most important local institutions in the administrative organization of the Islamic Republic of Iran. This decentralized institution, which is classified as a non-governmental public institution in terms of its legal nature, was created in line with the administrative self-organization and in accordance with the Islamic village councils in the eligible areas. According to the executive authority and the requirements governing these institutions, setting the desired employment model will have a great effect on the way of managing the village affairs and the implementation of the government's general policies in these areas. Since the employment system of Village Assistance Office is based on the "Law on the establishment of self-sufficient rural workers in the country's villages" proposed by the Ministry of Interior and approved by the Cabinet, the Cabinet of Ministers has introduced this local institution as subject to the "Labor Law". Meanwhile, the rule of the labor law on the employment system of Village Assistance Office will face various challenges, because on the one hand, the extension of this law to non-governmental public institutions is considered a matter within the competence of the legislator, and the Cabinet of Ministers' initiative to do so is an interference in this competence. It is considered; And on the other hand, the labor law has special requirements and restrictions, especially for public law entities, which, against the principles governing public services, such as the principle of stability and continuity, silences the requirements of village administration or makes them subject to the requirements and will of private law entities. The present article with analytical and descriptive method, along with pathology in the prescribed situation on the one hand and the inclusion of the labor law on the employment system of Village Assistance Office on the other hand, its desirable features with emphasis on the necessity of establishing a special employment law or the inclusion of this category of institutions in The civil service management law will be reviewed

The main goal of the research is to improve the health of the administrative system by identifying corruption points in one of the affiliated regions of Iran Gas Transmission. The research is applied research in terms of its purpose, descriptive research in terms of data collection and a mixed type in terms of method. The study is qualitative in that the interview method was used to identify corruption points and the quantitative sense it was used to analyze the data using the dimtel method. Findings of the research identified 19 points of corruption in the qualitative part and in the quantitative part among points of corruption, 13 points were determined as causal points and six points as disabled points. The results indicate that the identification of corruption points can be used as drivers of improving the health of the administrative system and the main step to control these points.

In recent years, algorithmic decision-making mechanisms and machine learning have been increasingly used by the private sector and then by state agencies. Despite the advantages such as increasing the speed, accuracy and reducing the cost of decisions, the algorithm has created new challenges for the principles of administrative law, such as jurisdiction and judicial supervision, due process, transparency, impartiality and, non-discrimination. This article tries to analyze the aforementioned challenges considering the necessity to adapt to the new achievements of mankind on the one hand and preserve the ancient achievements such as respect to the rule of law on the other hand. Revision in administrative law, taking into account the continuous development of technology, can finally turn the theory of algorithmic administrative law into a prominent theory in administrative law. The requirements related to upgrading existing technologies and removing their disadvantages to make algorithmic processes more transparent can still preserve the fundamental value of the rule of law and prevent it from turning into the algorithmic rule. Algorithm technology has not been as formidable and destructive as to deplete administrative law of its foundations, nor is it so insignificant that it does not justify the necessity of re-articulating the foundations of this legal branch.

The social security system seeks to provide welfare for old age period. In our country, people pay insurance premiums to pension funds to receive Retirement pension. This paper, using an analytical-descriptive method and based on reliable library sources, seeks to answer the question that the status of insurance payers whose pension fund has changed for various reasons and they are looking to transfer their records to a new pension fund is subject to what rules and principles? Documents and the laws and regulations related to various pension funds, showed that the applicants must have conditions such as changing the Service location and paying the difference amount of the paid insurance premium. On the other hand, the legislator has also set assignments for pension funds, including accepting requests for transfer of insurance or pension records, compliance with calculation requirements, and receiving the difference payment of paid insurance premiums in installments. Also, various principles such as the principle of non-discrimination, the principle of fairness, the principle of the continuity of the transfer process, the principle of the continuity of public services and other ones, as the basis and support of the aforementioned criteria and as the criterion in the course of their interpretation and implementation can be extracted and expressed.

One of the basic rights of labors is to enjoy job security. This right is threatened in the pregnancy status of female labors who change from employment status to maternity leave. International labor law and EU law, in order to protect this right, have laid down appropriate rules and regulations to prohibit the termination of contracts of women labors and to protect their employment during pregnancy and childbirth. In labor and social security law of Iran, despite the existence of relatively appropriate regulations in this regard, unfortunately, judicial procedure of administrative court of justice has not been formed to ensure the job security of these labors. The present study, by using a descriptive and analytical approach, while explaining the position of international labor law and EU law, has evaluated the issue in labor law of Iran. The result is that according to the evidence presented in this study, the maternity leave period is inherently matches with the suspension of the contract, and therefore in this period the employer has no right to terminate the contract and it is pointless to count this period as part of the employment contract. Also, the Predict the right of termination for the employer or the condition of termination of the contract in case of pregnancy of the labor, has no legal validity.

According to article 12 of the administrative offenses trial law, administrative authorities can apply some of the punishments mentioned in Article 9 of this law directly and without referring to the Administrative offenses trial boards in the case of offender employees. However, there are ambiguities regarding the observance of the provisions of the administrative offenses trial law and its executive regulations and the adherence to the principles of fair trial in the application of punishment by administrative authorities. Therefore, the main question of this research is dedicated to the defects and shortcomings of this article. The findings of the present study, using library and documentary sources and descriptive and analytical methods, indicate that the provisions of the legal article in question, due to violation of employee defense rights, violation of the principle of neutrality of administrative authority, violation of the principle of reasoning and documented decisions Restriction of the right to appeal, inappropriate punishment, does not comply with the principles of fair trial and can lead to the violation of the rights of employees in the application of punishment by administrative authorities. Therefore, it seems necessary for the legislature to intervene to eliminate the legal gap or to extend the requirements and principles applicable to the Administrative offenses trial Boards to impose administrative penalties by administrative authorities in the relevant regulations.

International prosecution of accused and criminals, identification and extradition from the target countries, restitution of their property and request for judicial assistance in order to investigate and deal with corruption cases are the four main international aspects of these cases that are ongoing in our country. Although these collaborations have been effective in the four existing platforms, but the analysis of the behavior of domestic and international actors shows a great distance from the desired situation. In the upcoming research, the question is, what kind of legal model can be presented for the favorable international cooperation of Iran in dealing with corruption? Qualitative data collected in interviews with elites, case examples and selected research texts were analyzed with the aim of identifying opportunities, harms and existing challenges and using the systematic approach of foundational data theory. The data in the process of triple open, central and selective coding in the Strauss and Corbin method, along with statistics in the relevant tables and classification in categories, led to five hypotheses and finally to the development of a desirable model of international legal cooperation in the fight against corruption.