نشریه حقوق اداری
پیاپی 35 (تابستان 1402)

Government organizations and companies, the major part of whose financial resources are provided from the public budget, have been abused by government officials and agents for a long time. If it is not dealt with in an effective and useful way, it can even cause a crisis in the political systems ruling the countries. In the current research, the main question is raised as follows: What are the obstacles to the implementation of anti-corruption policies in public companies and how are they related in the form of a model? Therefore, using in-depth semi-structured interviews with some managers of "Homa" airline company and benefiting from the content analysis of the conducted interviews, eight factors were identified as the main obstacles in the implementation of anti-corruption laws, and after that, with Using the questionnaire (ISM), 40 experts of that company were asked to specify the relationships between the calculated factors and finally these factors were categorized into four levels

Today, human society has faced various environmental crises, such that environmental challenges such as air, water, and soil pollution have put people's health at risk, and as a result, dealing with environmental crimes has become increasingly important because it harms social security.
The basic question of the article is that the criminal policies in Iran's legal system have the necessary efficiency to protect and protect the environment, especially in order to prevent encroachment and occupation of protected areas? This article deals with this issue with descriptive-analytical method and library sources, and the findings show that criminal protection in its current form has not been able to provide the goals of the legislator properly and appropriately. In this article, with the aim of explaining the criminal tools in order to protect the right to a healthy environment, while addressing the guarantee of criminal executions and the existing challenges, new approaches are made in this field.

The judicial control of the Administrative Justice is realized by conforming the provision with the law. The correct interpretation of the law requires a coherent intellectual-scientific system that negates the possibility of any misapprehension. The general body of the Administrative Justice influenced by the standards of the principles of Islamic jurisprudence has explicitly or implicitly attempted to annul or confirm the provisions of the Executive. The wide application of the topics of principles of Islamic jurisprudence, ranged from words to practical principles, in the judgements of the Administrative Justice implies that this institution has focused on practical issues by avoiding the theoretical differences between the Osulis. The reasons for annulling or confirming the act which are known as the reasons for annulment in the legal literature are resulted from the issues of the principles of Islamic jurisprudence. Although the view of Administrative Justice on the standards of inferring the Islamic law is not immune to criticism, but more than three decades of experience of judicial control has left a fruitful practice and it implies that the standards of the principles of Islamic jurisprudence are effective in any issue.

If there is no reward system based on effort, no change will happen and this is a reality in the field of research whose regulations suffer from gaps, abstractions and conflicts. In this situation, it is difficult to distinguish between permissible and illegal behavior. A situation that unintentionally puts a faculty member staff in the trap of violation. Although it is necessary to explanation of instances of violation and the legal response to them, but of this action is the introduction of the existing situation. In order to achieve the desired situation, it is necessary to create conditions so that the faculty member can benefit from a fair trial. In determining the instance of violation, comprehensiveness is required a violation should not be excluded from the circle of instances and obstruction creates a situation so that permissible behavior is excluded from the circle of violation. The desired result is: faculty member will not be condemned for behavior that is not really a violation of professional rules. In the proceedings, the presence of a judge or juristic in the disciplinary jury improves the situation. Abolition of the right to file a lawsuit and also the removal of two criminal and disciplinary titles for single behavior eliminates discrimination. In the legal response, the application of the specific punishment system and the principle of proportionality are measures in order to achieve a fair trial. The result of such a system is motivating that should be welcomed. In the meantime, paying special attention to training and considering the underlying behavior as a violation creates an ideal situation. The implementation of these arrangements will make the university a valuable opportunity to provide the interests of the society in the field of research

Delegating authority in public law is not a rule, but being an exception does not reduce of it`s important. According to the two-way discourse of public law -normativeism and functionalism- in addition to preventing the concentration of power, it also accelerates affairs and improves effective administrative relations. Although in the discussion of delegation of authority, the views are mostly focused on administrative rights, but in constitutional rights and especially the value system, delegation of authority is an important matter, which we call ascending delegation of authority. This issue can be investigated in modernity by understanding the critic's self-founding reason in the form of social contract theory and delegation of public power from the people to the ruling body. For this reason, this article also focuses on the issue of delegation of authority in constitutional rights and considers it the other side of the delegation of authority in administrative law. The rule of law requires that in the administrative system, the principle is based on the authority of the individual, and the delegation of authority is an exception, because every official receives his authority from the law, and its delegation also requires the prescription of the law. Also, the administrative authority who cannot delegate all his powers and only a part of the powers that are not prohibited by law can be delegated. The main question of this article is what and the legal effects of delegation in the light of the principles of public law. In this article, the conditions and limitations of delegation of authority in public law have been examined through a descriptive-analytical method. Delegation of authority is an inevitable necessity in public law, which can be examined at two levels of constitutional law based on the theory of representation and in the field of administrative law.

The duty of the member of the administrative organization is obeying the order of his or her managers. This duty is conditioned and limited. The most important condition is based on this rule that the order must not be in contrast with the law, and the most important limit is this rule that the order must be within the limits of administrative affairs. There are some legal problems about these conditions and limits. The subject of this research is analyzing the articles of the laws of our country about the duty of the employee for obeying the order of his or her boss, and the object of the research is proposing some ways for solving the problems of ambiguity of these articles. This research, according to the object is applied and according to the subject is descriptive-analytic and prescriptive. Information collecting is based on the library method. Analyzing the information is based on the modern legal logic. In this direction, based on the fact that the order not accorded with the law, may be an order to commit a behavior against the disciplinary standards or to commit a crime, these states will be analyzed too, and based on the laws of our country, the duty of the employee will be reviewed. Potential actual problems will be discovered, and finally, a solution is proposed on the base of the results.

Among the issues related to the employment rights of judges, the issue of retirement has particular importance. Considering that there are many legal ambiguities in Iran's legal system regarding the judges' retirement conditions and the fair enjoyment of the right to retirement by judges faces limitations and challenges, the present article, using descriptive-analytical method and based on library studies It has studied and analyzed the approach of the Iranian legal system to the retirement of judges and by looking at the situation in some foreign countries, it has also explained their approach to the retirement of judges. This article findings indicate that, on the one hand, the conditions of judges' retirement (retirement based on age and years of contribution) and the basis for calculating their pensions differ greatly from other government employees, and on the other hand, the inadequacy of the pension Retirement, considering the amount of contribution paid by them, the limitations of transfer of contribution period and the lack of right to choose their pension fund or change the pension fund during employment, are the most important current challenges of the right to retirement of justice judges in Iran. For this reason, in order to overcome or adjust these challenges, it seems necessary to make legal reforms.

New governance through regulatory governance seeks to reduce direct government intervention and redefine its role in the public sector. In order to adapt to the new conditions, the traditional public administration is bound to carry out reforms; In this regard, the aim of the research is to discover the elements of the transformation of the French public administration, and to analyze their relationship with regulatory governance. Therefore, by using the library method and the descriptive-analytical method, various factors of the evolution of public administration and the practical fields of realizing regulatory governance in France were investigated. According to the findings of the research, the four new tools for the transformation of the French public administration are: 1. Budget reforms 2. Simplification 3. Contractualism 4. The effects of multi-level governance in interaction with the European Union, which are in a mutual link with regulatory governance and their objective manifestations are crystallized in the increase of participation, the development of reflexive law and the flexibility of the legal structure. In conclusion, it seems The French government is on the way to adapt to the requirements of the new governance, by exploiting the tools of the new public administration and regulatory governance components, towards the regulatory government with an understanding consistent with its administrative tradition.

Successful countries in the fight against corruption have provided cultural and legal grounds for public supervision by passing laws regarding the protection of corruption whistleblowers. This is associated with structural, legal and cultural challenges in Iran, and the current research seeks to answer the question of how to support corruption reporters in Iran and what challenges it faces and the way out of this challenge. What is based on jurisprudence and legal principles? The findings of the research using a library method and relying on jurisprudential sources, showed that Iran, in addition to having incoherent and incomplete legal materials in support of corruption reporters, also has inappropriate literature and culture in this field. Another challenge in this field is the large number of people in charge of receiving corruption reports. The support-motivation measures of whistle-blowing and corruption reporting are weak because the identity of these persons does not have the necessary confidentiality and these persons are not required to be protected against the retaliatory measures of the corrupt. The incentive system is also very limited and without identifying the source of credit. Therefore, it is appropriate to take a new approach to the culture and literature of corruption reporting by taking into account the jurisprudential sources, and while coordinating those in charge of receiving corruption reports, support-motivational measures such as: confidentiality of identity and information, prevention of retaliatory measures and compensation and system To improve the encouragement and reduce the inflation and proliferation of laws in this field.

Oil and gas industry plays a key role in Iranian economy because of significant oil and gas resources in Iran. Despite over a century of experience of Petroleum contracts, our country has not yet been able to resolve its weaknesses, due to various issues such as political, economic, social, administrative, legal, historical, and cultural considerations. Iran, like other developing countries, suffering from lack of sufficient capital and technical knowledge as well as a desirable management capability for implementing upstream large oil projects such as exploration, drilling, development and production. So the presence of international experienced companies in this industry seem to be inevitable and it seems that this requires concluding cooperation agreements with these International Oil Companies (IOCs). Accordingly, after outlining the basic research concepts, the legal requirements and constraints governing upstream oil and gas contracts, in order to assess the challenges have been studied. Subsequently, 26 of the most important challenges out of the 40 identified challenges from the literature were selected using the Fuzzy Delphi method. Finally, there are suggestions and solutions to reduce these challenges including the developing a comprehensive plan for development of the oil and gas fields, using international companies in the form of consulting and services contracts, aligning the interests of the employer and the contractor in the implementation of projects, paying close attention to the development of technology in the industry, strengthening regional organizations and treaties to strengthen energy diplomacy, maximizing production from sharing fields in the least time to reduce these challenges etc.