نشریه حقوق اداری
پیاپی 36 (پاییز 1402)

Enforcement of judgments is the aim of the Trial and the end of waiting for the restoration of rights and justice, but enforcing the content of court rulings in a decisive, complete and desirable manner has always been an important challenge for the courts. The study of the execution of judgments is especially important in those courts that deal with citizens' complaints against government agencies. The implementation of the judgments of the General Delegation of the Administrative Justice Court, as an indicator of the rights and freedoms of citizens, reflects the control of power by law and the protection of public rights and freedoms, and therefore there are more challenges here.The present study has investigated the most important challenges of enforcement of judgements of the General Delegation of the Administrative Justice Court by descriptive-analytical and pathological methods. This has been done by separating legislative and judicial judgments and analyzing the effects of each of them, as well as examining some common challenges in the implementation of sentences in both sections. Also, the research in each section has provided solutions to improve and streamline the enforcement of judgements of the General Delegation of the Administrative Justice Court.

Administrative contracts are one of the main sources of corruption in public affairs. Due to the financing of administrative contracts from the public budget and the high amount of these contracts, administrative authorities are influenced by personal interests in the relevant administrative decision. Considering the increase of efficiency and productivity of administrative organizations and the necessity of protecting and guaranteeing the rights of citizens against the abuse of public officials, supervision of administrative contracts is mandatory and unavoidable. In this regard, various supervisory authorities exercise supervision over administrative contracts. One of them is the Complaints Board (law on tenders). Now, what are the characteristics of administrative contracts that need to be monitored? To what extent can the Complaints Board, as a dedicated over sight body over see and ministrative contracts? And where are the challenges facing her? These questions are discussed in this article. Findings in the article show that the monitoring of this Board, in addition to its strengths, also has disadvantages, which we will review and make a suggestion.

Compulsory acquisition of real estate is a method of implementing public plans by which people's lands and properties are compulsorily purchased through administrative and legal processes; In most legal systems, the transfer of ownership and possession of lands for public use is done in exchange for compensation of the damages caused to the owners and rights holders. The purpose of this paper is to provide a legal analysis of how to determine the compensation for compulsory purchases in Iran compared to the British legal system so that the legal shortcomings of compensation and the grounds for its correction are provided. In Iran's legal system, due to the prominence of “the principle of dominion over property” in Islamic jurisprudence and the background of guaranteeing private property in civil law, the principle of securing public interests as a legal principle has not been explicitly recognized, and has not established its place in legal doctrine. This analysis, in "non-use of the title of “compulsory purchase” in the laws related to public projects, "non-exact use of the term compensation or damage in the “land Acquisition laws" as well as "no provision for compensation for the various types of damages" has been reflected. in contrast, in British law, the result of the conflict between the principle of respect for private property and the principle of providing public benefits was the recognition of the principle of fairness and equivalence in compensation, which has provided a fair and consistent legal order. While in Iran, the focus is on ownership of property and rights and payment of the property price, and compensation methods do not include various divisions

Recent smart city strategies are directly or indirectly related to Internet of Things (IoT) applications. Administrative and constitutional norms can impose motivations to introduce applications of the IoT in the public administration. The results of this paper introduce the IoT design necessities for a closer exchange between citizens and the state, namely ensuring the legal conformity of automated administrative procedures and not existing any margin of appreciation. Processing personal data in IoT applications requires that public and private institutions comply with the principles of data protection laws, namely the principle of privacy of personally identifiable information and the principle of necessity and purpose limitation. Moreover, the results show the potential of the IoT to change administration and administrative law i.e., transition of roles for humans and the public administration, opportunity creation of cooperative legislator, construction information symmetries and equity, changes in administrative procedures and structures, and redirection of human resources where they are really needed. Achieving these advantages requires a legal system that can take into account the necessary rules during the implementation of an IoT application. Germany's regulatory experience in this regard can be taken into consideration by Iranian legislators.

The legal duties that are considered in civil liability are public and are generally the responsibility of all people. In English law, compensations for breach of legal duties, although they were initially applied to private law issues, were later extended to public law due to public policy considerations. Laws and regulations impose duties on all people, which the general society obliges to comply with, but sometimes, omission and violation of public duties, causes civil liability. In the civil liability system of England, the violation of society's rights, as a violation of legal duty, leads to responsibility. In this system, a combination of private and public rights compensations are applied, which cannot always and easily be changed. Currently, in addition to private relationships between individuals, considerations related to politics and public policy, the limited role of courts and the developing culture of human rights in England, have led to the development and enrichment of the judicial procedure about the civil responsibility of public institutions and officials. In the legal system of England, which is the basis of the discussion in this article, the titles of civil responsibility are derived from civil rights, which are applied to public officials in the same way as private law persons. This research, which has been written using a descriptive-analytical method and through library tools, tries to clarify the angles of civil responsibility resulting from breach of legal duty and omission in English law by looking at Iranian law.

In Iran's legal system, various methods are foreseen to ensure the principle of the rule of law and the hierarchy of legal norms, in the dimension of non-contradiction of the provisions of government regulations with laws. Among the most important of these methods is the supervision of the speaker of the parliament (the subject of principle 138) and the supervision of the Administrative Court of Justice (the subject of principles 170 and 173) on government regulations. The review of the Speaker of Parliament's supervision of government regulations indicated the ineffectiveness of this method of supervising government regulations. Regarding the supervision of the Administrative Court of Justice, although the approval of Article 120 of the Law of the Administrative Court of Justice is considered as one of the desirable developments in the direction of strict supervision of government regulations and systems, the limitation of the regulations and systems subject of this article to "being an observer of public rights" has led to By adhering to this stipulation, many regulations should be excluded from the automatic and active supervision of the court. In addition, subjecting the implementation of the provisions of Article 120 to the creation of an electronic system is one of the other issues that can cause a delay in the implementation of this ruling. In order to optimize the mechanism of Article 120, it was suggested that the scope of Article 120 should include all government regulations and systems. Secondly, in the structural dimension, corresponding to each institution or each group of regulatory institutions under the deputy subject of Article 120 of the Law of the Court, an administrative group should be formed to monitor the approved regulations and systems so that active monitoring of government regulations is done in a systematic, accurate and comprehensive manner.

The recruitment and attraction efficient and effectiveness teachers is the first and most important step in the process of effective education. The purpose of this research was to evaluation and comparison the professional competencies of Farhangian University graduate teachers with employed teachers through employment test (Article 28) is from the point of view of school administrators. The present study was of  practical type and survey method. The statistical population includes 2043 people were  New Recruitment  teachers with experience of one to two years Isfahan province . The sample size was based on the Jersey and mergan table, they included 322 people, which was done by cluster sampling method. The data collection tool was a researcher-made questionnaire. It was confirmed   face validity and content validity  by university professors and education experts And it was obtained reliability based on Cronbach's alpha of 94%. The data analysis was done using descriptive and inferential statistics with the help of SPSS22 statistical software. And according to the results of the Kolmogorov-Smirnov and Shapiro-Wilk tests based on the non- normality of the statistical distribution of the data, and according to the results of the Kolmogorov-Smirnov and Shapiro-Wilk tests based on the non-normality of the statistical distribution of the data, for comparison meaningful  difference in averages ,the two examined examples of non-parametric t tests and  it was used for two independent samples, the Kolmogorov-Smirnov Z test. The results show that managers evaluated, competency of employed teachers  through the employment test (Article 28) in the dimensions of attitude, skill, ability and personality traits, at the confidence level 95% and then knowledge at the confidence level of 90% competencies   it was higher than the graduate teachers of Farhangian University .

Bureaucracy as a technical tool to control and manage the administration has many legal dimensions.  The impact of this importance on the relations of citizens, their rights and freedoms as well as the shape of the political regime is undeniable with a little reflection.  We cannot respond to the weaknesses of bureaucracy, as the most powerful and reasonable method that has ever existed to run the organization, by removing or replacing another method, so finding solutions to minimize its damage seems necessary.  This is the main idea of   this article.  By dealing with the harms of Weberian bureaucracy, the way to reduce it is proposed. The relationship between the authority of the administration and the organized bureaucracy will be followed by posing the following questions: First of all, can the authority of the administration be the balance point of bureaucracy in modern administrative law and Weberian bureaucracy, and secondly, in the assumption of proving the first question, how can it achieve this balance?  to act With the introduction of discretionary competence, this organized assimilation and its transformation into a purely materialistic set will be balanced to a significant extent

Although the Iranian legislature particularly has criminalized some acts under the Islamic Penal Code, but sometimes it has criminalized some acts  through other laws and regulations,  such as "Article 23 of the Law on Point of Sales and the Taxpayers System." One of the principles that should be observed in the process of criminalization is the proportionality of offence and punishment. This research, based on the descriptive-analytical method, addresses the question of whether the proportionality of offence and punishment is observed in the aforementioned article? The result of this research shows that the above-mentioned law has ordered sentence of a wide range of mens rea and actus reus by one type of punishment. Crimes such as mass production and supply of hardware and software equipment and imperfect point of sales or defective equipment with the intention of disturbance in the tax system, which is a sign of the governmental economic system, is subject to a punishment without imposing imprisonment that is  among sixth-degree punishments established under the Islamic Penal Code. The Code has ordered the same punishment for other crimes such as manipulating the point of sales or personal hardware and software equipment with the intent of paying less amount of tax

subsystem of managers in the public sector. Therefore, while identifying the effective variables, the importance and performance of each of those variables in the training and development of managers has been investigated using the importance-performance analysis matrix. The current research is applied in terms of its purpose and descriptive-exploratory in terms of its nature, and it was conducted with a mixed approach and sequential method. The participants were 31 scientific and executive experts with non-random and accessible sampling. The data collection tool is a questionnaire containing 82 indicators, and Shannon's entropy technique, t-test and importance-performance matrix were used for data analysis using SPSS24 and Excel software. The findings of the research show that sixteen variables such as information technology and technological advances etc. are in a good condition both in terms of importance and performance, and thirty-five indicators such as the support of senior managers, the motivational system for training managers, and sufficient financial resources for investing in training etc. from the dimension of importance, they are at a high level, but from the dimension of performance, they are not in a good condition and require improvement of their functional status. The identification of these variables and the position of each in the performance importance matrix brought important points for administrators and policy makers of training and development of managers, and suggestions were also presented according to the results of the research.

"check", as a fundamental discourse in public law, builds the foundation of modern legal systems. It can even be claimed that the most important function of the legal government, i.e. guaranteeing and protecting the rights and freedoms of citizens, is also realized through check. However, the multiplicity of check vocabulary and the ambiguity in understanding the dimensions and multifaceted functions of this discourse have made it necessary to clarify the vocabulary of check. Therefore, the main question of this article is "What are the lexical systems of check discourse in Iran's legal system?" In order to answer this question, with a qualitative method based on Foucaultian paleontology and data collection through a library, an effort was made to analyze the discourse of check with special emphasis on "object" among the four Foucaultian paleontological elements - "object", "subject", "concepts" and "Strategy", the lexical system of monitoring at three levels, "lexical", "terminological" and "its practical examples in Iran's legal system" should be examined. The findings of this research show that firstly, eight important keywords can be highlighted from among the many words corresponding to check and by checking the lexical, idiomatic and practical meanings, they can be used in a precise language in their appropriate context. It is also possible to classify the check lexical system based on the lexical and terminological inference obtained, based on two important components "depth" - including shallow and deep lexical system - and "substance" - including administrative (both financial and policing), political and judicial - and from this Row revealed some inappropriate language usages in Iran's legal system.