نشریه حقوق اداری
پیاپی 13 (پاییز و زمستان 1396)

The main purpose of establishing free zones in our country is to find an alternative for exclusive oil export. To meet the objectives mentioned in the free zones rules and five-year programs, the organization of the free zone, as one of the main institutions for regulation and management of the zones in terms of activity and structure, was designed free from public and commercial rules of the government and according to the Article 5 concerning the rule for managing free zones. The exceptions can be reflected in two dimensions of managing the organization of the free zones and monitoring them. Therefore, the present study investigates if industrial-commercial free zones organization of Iran excepts from public financial and governmental regulation, what measures should be taken regarding the monitoring of the organization. To this end, the concepts and features of the free zones are stated. Then, by elaborating on the related institutions in policy making and managing the zones, explaining the legal structure of the free zone organization, and evaluating the ways of monitoring the organization, it can be concluded that the studied free zones are excluded from general monitoring with respect to the law conditions of organization and scrutinizing the discussions approved by the Parliament concerning the budget and legal exceptions of the organization. Finally, legal suggestions are presented in the findings of the study in order to prevent from economic and administrative corruption of this independent organization and clarifying the objectives.

Government supervises over artistic works on two forms including: Licensing System and persuit System. In the first method, the government shall issue license for creating and publishing artistic works and in this method, the right to freedom of artistic expression is limited. However, in the second method, there is fundamental principle of freedom and upon creating and publishing artistic work only in case of violation of laws and regulations, the government may take duly action and there is no requirement for issuing license before producing or publishing artistic works. Thus, the first method is anti-freedom and the second method is agreed with freedom. The present article attempts to examine this issue in relation to films since victory of Islamic Revolution until now and it is concluded that, the statute law in all of the aforesaid years was based on licensing system. Moreover, finding out problems and formalities of aforesaid system refers to following weakness including: 1) Governmental structure of boards of licensing system and negligence for holding related associations. 2) Lack of fair deadline for issuing license of producing and publishing films. 3) Limitation in revision of decisions made by boards in the ministry of culture .4) criminal sanction for violation of Licensing System.

Judicial reviewrefers to administrative actions; i.e. controlling the actions and decisions by a system independent of administrative power. The most important guarantee is to realize the sovereignty of law in important administrative and guaranteeing laws against the transgression of public officials from the limit of jurisdiction. The system of judicial supervision in both Iran and Britain is based on a centralized and decentralized pattern as each follows its own special administrative mechanisms. In Iran law, administrative tribunal has superior supervision over administrative action and decisions based on specific jurisdiction they benefit from law, while judicial reviewover government’s actions in British law is exercised by public courts and based on Illigality, Irrationality and procedural impropriety.

Good governance is as an ideal of human society. The election mechanism is considered as an effective process to achieve such goal but it must be held according to the fairly and justly characteristics so that the social values, popular sovereignty and the rule of law can be made. In this regard, the way of taking power, guarantee the fundamental rights of citizens and efficient supervision on the election becomes so important. The article with aim of analyzing the desirable supervision on the elections seeks to response to the question that: what are the governing rules, principles, process, and mechanism on the efficient supervision on the elections? The subject will be analyzed with descriptive-analytic approach and with applying the principles and rules governing on the fair and competitive elections and the desirable process to supervision on the elections in different steps and with using the useful experience of some countries and electoral documents. The research findings indicate that process of taking power must be controlled with the efficient supervision due to being related the election with political stability, security and public order, civil rights, national sovereignty and formation of constitutional government. The electoral process involving before, during and after the election will be supervised by an independent and impartial electoral management body with general jurisdiction due to integrity in holding a fair and competitive elections and guarantying the electoral rights.

Social security system of Iran has confronted various difficulties in the field of social welfare, most of which return back to performance of pension funds. Hence, the World Bank suggests moving toward integration of funds for social security system of Iran. Considering problems derived from multiplicity of pension funds in Iran, the aim of the present study is to investigate different aspects of pension funds integration as a corrective mechanism. Hence, firstly we proceeded on concept, necessity and competent authority of pension funds integration, and then in another section the most important barriers and difficulties of integration of them have been explained. Findings of the present study revealed that although integration of pension funds of Iran is a necessary issue, which can decrease most of the difficulties in the field of insurance, achievement of the issue confronts various difficulties and problems, the most important of which are legal and structural barriers. Elimination of the current barriers firstly requires legal solutions. However, since experience of social security of Iran has shown, mere legislation in the field cannot be fruitful, and support of senior managers of the country from pension funds is an indispensible necessity.

Inspection, identification, registration and protection of cultural-historical movable and Immovable valuable works are among the legal duties undertaken by Cultural Heritage, Handicrafts, and Tourism Organization. With respect to the fact that proceeding to register an artwork creates a legal status and leaves judicial effects, so it is an administrative decision and falls within the examples of article 10 of High Administrative Court’s Procedure Act. Guardian Council’s opinion stating the non-legitimacy of the National Heritage Protection Act 1309 and its subsequent amendments and additions, lack of legal reasons and disobedience of laws by the administrative authority are among the things to which the Court’s judges refer to annul the administrative decisions. So in the practice of this court, private ownership and consequently private benefit is preferred over public interests (conservation and durability of cultural heritage and its transfer to the future). Conservation of cultural heritage necessitates that the legislator, administrative and judicial authority arrange to balance between private ownership and public interests, indeed between the principles of No Harm (La Zarar) and the legal power of the owner to exercise control over property (Taslit) in a way that none is affected and incurred a loss by the other.