نشریه پژوهش های نوین حقوق اداری
پیاپی 16 (پاییز 1402)

Today, the role of parties in holding an efficient and healthy election is undeniable, and political parties are active in almost all legal systems and in almost all elections. Elections are not efficient without the presence of political parties because both the number of candidates increases unreasonably and criteria such as candidates' personalities, kinship and ethnicity, and replace the core program. Undoubtedly, one of the obstacles to the formation of a party-based election in Iran is the legislative shortcomings in this area that exist in the laws. In this research, this issue is addressed through descriptive and analytical methods. The results of the research show that the laws related to the activities of political parties are in a way that prevents the formation of an efficient party system in Iran and without amending the existing laws; it is not possible to activate political parties in elections. The elimination of the licensing system for party activities, the precise determination of restrictions and bans on party activities, the amendment of electoral laws with a focus on political parties, as well as the adoption of laws to activate political parties in Iranian elections are the most important suggestions of this study.

Freedom of association is one of the most fundamental pillars of the realization of the public sphere in modern state. Therefore, its realization is guaranteed with the least restrictions in the constitution, and administrative and constitutional judges, as guardians of the public sphere, protect the freedom of association. on the other hand, Juridification leading to its colonization and the dissolution of the public sphere. Because, in some cases, government intervention through the enactment of positive laws in the realm of life-world may help the lower classes; But the nature of governments is such that they are often unable to respect the independence of individuals with different tastes and diversity of lifestyles. Therefore, in order to establish legitimate legal norms in the public sphere, the administrative and constitutional judges are obliged to fulfill the obstacles to the government's entry into the public sphere in their procedures through the prohibition of Juridification. this article deals with the question that does the freedom of association in Iran's legal system and in administrative and constitutional judge procedures have the necessary ability to play a role in the development of the public sphere and adapt to the standards of this sphere? Despite guarantee of freedom of association in the constitution, Iran's constitutional and administrative judges, in contradictory procedures in protecting freedom of association, have created grounds of Juridification of life-world, weakness of the public sphere and, as a result, crisis of legitimacy in norm-making. In this article, mentioned topics are studied in a descriptive-analytical way.

The principle of independence of judges is one of the principles that guarantee a fair trial. Independence can be examined from two dimensions: the first dimension is the institutional independence of the judiciary,and on this basis, the judiciary must act independently from other powers and not be influenced by the influence and possibly the political intentions of other powers.Another dimension of independence is the individual independence of judges, and it means not to exert any pressure from superior authorities or political pressure.Judicial independence has various dimensions, including: impartiality,health, competence. In order to guarantee the principle of the independence of judges, mechanisms have been foreseen by the legislator, among which we can refer to the observance of regulations in the process of recruitment and selection of judges, application of occupational immunity, civil immunity and regulations related to dismissal, transfer and change of judges.did The principle of judicial independence appeared in the laws of the constitutional era, and the principle of independence of judges is mentioned in the Constitution of the Islamic Republic of Iran as well as some ordinary laws.The research method in this study is descriptive-analytical, and the library method was used to collect the sources.The results of this study show that although the legislator, especially after the victory of the Islamic Revolution, has tried to realize the principle of the independence of judges in a more effective way,there are still shortcomings in the full realization of this principle, which requires amending the laws to solve this problem.We are available.

Although Internet law is a relatively new legal phenomenon, some of its principles are evolving. The five basic principles of Internet regulation include freedom of Internet communication, respect for privacy, the principle of territorial jurisdiction, stakeholder participation, and government cooperation. Therefore, the purpose of this study is a legal analysis of the basic principles of Internet regulation within the framework of legal standards, in addition to theorizing in this field, to be a guide for the regulation of the Internet by the national legislature of our country. This research is a descriptive-analytical type and the library method has been used to collect information and the necessary information is collected using the library method. Based on the research findings, it can be claimed that the basic principles related to Internet regulation have emerged at the international level, which can be a practical guide for countries in cyberspace regulation. The Internet regulation system in Iran is not appropriate in comparison with the basic principles of Internet regulation. The result shows that in the current situation, the Internet regulatory system seeks to maximize restrictions on the freedom of Internet communication. The regulatory body in this regard is generally the governmental appointed body. Internet privacy has deficiency in regulatory despite legal protections. The Internet regulatory model is a purely governmental model without the participation of stakeholders, and in the field of international partnership and cooperation, there is no willingness to cooperate with other governments in the field of Internet regulation.

The article analyzes the rationales for rule of legal obtained evidence in administrative proceeding with the aim of establishing the ideal type of obtained evidence system. In administrative proceedings similar to criminal and civil proceedings, the reason for obtaining of evidence by the court is raised. Since the discussion of obtaining evidence by the court is inconsistent with the principle of impartiality of the judge, it is important to analyze it in an administrative procedure similar to civil and criminal proceedings. On the other hand, there is the issue of what is the legal sanction in the administrative proceedings if the evidence obtains illegally. The survey will be carried out with Descriptive-analysis method and gather data by use of books and article in this respect. Result of this survey show that in adversarial administrative proceeding such as labor proceeding, general rule is that a judge is forbidden to obtain evidence for or against each party, but in disciplinary proceedings, such as board of handling of breach of disciplinary, judge has active role in obtaining evidence. In judicial precedent of administrative court of justice and law and provisions concerning to administrative proceeding, general rule of legal obtaining of evidence is not presented in comprehensive way.

The right to have the highest attainable standards of health is one of the most important human rights, which is recognized as one of the fundamental rights in the international human rights system. However, in Iranian law, the implementation of this right, like some other rights, is faced with obstacles and legal challenges, and obviously, achieving an optimal health system will require identifying and removing these obstacles in the first place. Based on this, in the following article, the main question has been answered by a descriptive-analytical method and citing library sources, what are the main obstacles and legal challenges of the right to health in Iranian law? The purpose of the current research is to identify the obstacles facing the discussed field in order to remove the aforementioned obstacles and achieve a more favorable legal system in this field. The findings of the research show the fact that not paying attention to the precise and standard meaning and concept of the right to health as well as various factors affecting it in the relevant laws of the country, not solving the problem of conflict of interests, weakness in the legal supervision system and weakness in guaranteeing the implementation of existing laws. In addition, some other legal loopholes are among the most important legal obstacles and challenges facing the right to health, as a result of removing these obstacles, amending existing laws and policies in this field is one of the main requirements of the country's legislative system.

Issuance of Vote Unity Procedure No699Court regarding the objection to the decision of the Commission Article77of the Municipal Law raised the suspicion that first of all whether the courts of law have jurisdiction to appeal against the decisions of the commissions Do you have a quasi-judiciary?And in the case of acceptance of jurisdiction, which of the formal law?administrative proceedings require the application of the same formal rules.example, according to of Article16of the L.O.P.CA Justice,objections to the decisions of quasi-judicial commissions must be made for persons residing in Iran within3months,or the cost of the objection proceedings is fixed.Now, if we assume the jurisdiction of the courts, from the point of view of formal criteria, are the legal courts obliged to comply with these regulations?In particular,Article1of the Code of Civil Procedure in the definition of this law doesnt mention administrative lawsuits and the obligation to implement the rules of civil procedure is set only in the position of dealing with civil matters and all civil and commercial lawsuits And there is no obligation on the court of law to observe the procedure of civil proceedings in administrative lawsuits Incidentally,the prevailing logic of the necessity of order and structure in any trial requires that a specialized trial be conducted with specialized tools and instruments in the same field and in the same way,which we will examine in detail in this research And more importantly,with the enactment of the L.O.P.C.A Justice in1390the unanimous decision No699has been abrogated

Today, with the expansion of information technology, electronic evidence and related documents are being stored and produced more and more. The admissibility of proof of electronic litigation is accepted in Iran's commercial law and in civil proceedings. According to the UNCITRAL Model Law on Electronic Commerce and Article 47 of the Electronic Evidence Citation Regulation approved in 2013, the Iranian legislator has not limited the message data only to electronic devices and any device such as video and audio folders, telegrams and optical devices are also electronic evidence. knows, but from the perspective of Islamic jurists and scholars, this issue is acceptable, has validity and proof if the document and writing has a signature or seal and remains immune from changes in a reliable way, and the issuer is certain to accept the contents, and also causes Let science be the judge. On the other hand, in administrative proceedings, the possibility of using electronic evidence can be discussed and investigated. Considering the nascentness of administrative proceedings in Iranian law and its special features, it seems that the use of these evidences in administrative proceedings is worthy of discussion. The main question that this research seeks to answer is how to cite electronic evidence in civil and administrative proceedings. The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

Enacting a comprehensive and contingent law must be based on a theorematic system of the subject of that law. According to this scientific principle, the basic problem of this research is searching the theorematic basis of the Law of Investigating Administrative offenses in Islamic Republic of Iran; specially, the basis of the recognizing some of the behaviors as the administrative offenses. The research, from the view of the aim, is applied, and from the view of the method, is descriptive – prescriptive. In this research, related knowledge and information has been collected from the laws, scientific books and papers and related documents; and analyzing information is according to the logic of the law; specially administrative law. The Law of Investigating Administrative offenses, 1372, without an explicit definition for the correct administrative behavior and standards of it, has a list of administrative offenses (article 8). Analyzing this shortage and searching the negative effects of it, has revealed the necessity of a thorematic system for the subject and reforming and completing the law.

Open government, as a government based on the right to know, has positive functions in interacting with citizens, and it affects the acceptability of the government and its actions. Open government data has recently attracted a lot of attention as a tool to innovate, add value and improve outcomes in various sectors, public and private. Although some of the benefits of open government plans have been evaluated in the past, especially in terms of economic efficiency and the like, its evaluation in the field of law and politics, emphasizing the application of open government policy to manage the Covid-19 pandemic, has been less observed. The main challenge of the current research was to investigate the role of open government in the management of the Covid-19 epidemic in comparison with the policies implemented by the Iranian government. It was found that Iran's laws in the field of separation of publishable and non-publishable information, the need to publish all information, except in exceptional cases, and the methods of monitoring and complaining in cases of non-publishing of information are faced with fundamental weaknesses. In general, the indicators of open government, such as transparency and trust, have fundamental weaknesses, and the lack of timely and effective provision of information and reasons for decisions led to the poor management of the Covid-19 pandemic.

"Conflict of interest" as an independent and well-known concept in modern governance is so important that many important keywords in this field are directly related to the issue of conflict of interest. Gaining public trust and promoting democracy, preventing corruption, promoting health and administrative cohesion, transparency and economic development is impossible without achieving an acceptable level of Conflict of interest management. Conflict of interest is an area of extreme complexity and political and legal sensitivity. Hence, the theoretical controversy over the exact perception of "conflict of interest" has been going on for some time. The main question of the present article is a correct understanding of the concept of conflict of interest, its different types and types of confrontation of legal systems. The authors believe that with a correct and comprehensive understanding of the concept and types of conflict of interest and with a comparative observation of the arrangement of legal systems in the face of this great problem, the literature on conflict of interest in Iran can be enriched until in the shadow of deepening the concept in the minds of researchers and concerned, it will be possible to gradually achieve lofty goals such as gaining public trust, justice and transparency.

Since years ago, in the Iranian legal system, the actions of the state have been divided into two types of sovereignty and tenure, and many effects have been overlooked on this separation. However, such a distinction in the country of this type of separation (France), which was the source of this theory, has abandoned and has taken into account new criteria that is the result of the evolution of the concept of government practices to public service. This change was the result of the problems that stemmed from the separation of government actions to sovereignty and tenure. In this article, we seek to take a step forward in advancing the administrative order by presenting a new criterion for better recognition of government -government -to -decline. According to the country of origin, in France after this separation, the criterion of "public services" and "type of administrative activity", respectively. In other words, the authors in the process of conducting descriptive -analytical research suggests that the entry of a new criterion such as public services in the Iranian legal system is essential to organizing administrative actions and providing people with the opportunity to achieve their rights; The criterion of public service provides the judge with the tool to use the principles of public service theory to put administrative action in this area and to provide appropriate orders. This criterion not only strengthens the rule of law, but is a step towards protecting the rights of citizens.