سید محمد مهدی غمامی

One of the ways to clearly recognize the candidates of the presidential election is their legal, legitimate and uniform efficiency of election campaigns, and their effective presence in election debates can be considered as one of the obvious examples of voters' maximum familiarity with them. For this purpose, the creation of legal capacities for candidates to benefit from the debate should be in accordance with the conditions and requirements of the country. Regarding the right to healthy election campaigns, in this article, while answering the question, "How can healthy and favorable election debates be realized?" We will analyze the legal bases of debates and the value and substantive principles that govern favorable debates with a descriptive-analytical method. In general, it seems that there has been no serious attention to solving the issue of debates from the legislative aspect, and so far it has been used as a fast, dynamic and up-to-date method. Therefore, in any case, the basic and correct frameworks of the debate should be mentioned in the laws and regulations, and the role of the supervisory bodies on the meetings and the content of the debates should not be ignored, and surely, they should be actively and effectively monitored in order to provide space for holding healthy and favorable election debates.

One of the characteristics of a good administration is the establishment of a professional ethics system; Because one of the most important rights of the country in the administrative system of any country is to respect the rights of citizens in public institutions by providing quality services in the form of behavioral standards. Furthermore, in paragraph (10) of the third principle Constitution, the government is required to establish a correct administrative system and the rights in various cases according to the principle (20) of the Constitution are the highest rights of the country. These legal duties of the employees towards the people of the nation, in addition to the above-mentioned basic requirements and the Alevi doctrines, which are detailed in various letters from sentences (27) and (53) of Nahj al-Balagha, are in accordance with Article (8) of the Act Addition to the Anti-Corruption Convention (Merida Convention), Articles (25) and (90) Public service management Act (2007) and Article (7) of the Act on Improving the Health of the Administrative System and Combating Corruption (2011) as the tasks of all three. The authority and even special institutions handling public affairs have been emphasized. In this article, while explaining what this concept is, the author analyzes and develops the legal system in this regard with a descriptive-analytical method. This ethical system is done through "taking an oath" and "signing a charter of professional ethics" that must be trained, monitored and held accountable. How to realize this in Iran's legal system is developing and growing, starting from the Executive Regulations (1) Article (25) of the Civil Service Management Law (2018) and with numerous developments that are a permanent place of discussion to " The regulations for the promotion of professional ethics in the administrative system" (2023) have been reached

Pursuant to the Law on Respect for Legitimate Freedoms and the Protection of Citizenship Rights adopted in 2004 and its executive instruction, paragraph (15), central and provincial boards were established with oversight of how the law is implemented, complaints are sent and followed up, and finally reporting and monitoring. What appears to be much criticism after nearly two decades of the law's implementation has been doubts about its effectiveness. So, while evaluating the performance and reforming the legislative system related to legitimate freedoms and protection of civil rights, it is necessary to take urgent action to review the institution of the Civil Rights Supervisory Board in order to revive the rights of citizens by comparative study of similar institutions, including ombudsmans and specialized types of them. However, the question of this article is "What are the disadvantages of the Civil Rights Monitoring Board in its structure and performance, and what solutions can be offered to address these issues?" Therefore, in the present article, after examining the harms of the board, suggestions were presented in the areas of cooperation and coordination, promotion and protection of human rights and citizenship, and indicators in restructuring the structure and organization in order to improve the position of the board of civil rights. The research method of this article is descriptive-analytical.

 Legislation, like other government actions, is a complex and delicate process and can be examined and studied from different dimensions. Among these dimensions is the process of carrying out evaluations that decision makers must be committed to doing before and after legislation. In this research, the question "What are the capacities of Iran's legal system to evaluate the effects of the law, especially in the economic field?" Through the descriptive-analytical method using library resources, it was concluded that there are potential legal capacities in Iran to evaluate the effects of the law in an a priori and a posteriori manner in the field of economy, although these capacities have not been explicitly stated so far. and coherent to evaluate the effects of the law in this area have not been taken into consideration. Some of these legal capacities, including governmental institutions, non-governmental institutions, and trade unions, which have been identified in this research; They can be used only for a posteriori evaluation of laws, and on the other hand, some of these legal capacities can be used in a priori and a posteriori evaluation of laws.

Based on Article 45 of the Constitution, public waters are considered part of the Anfal, but according to the opinion of the jurists of the Guardian Council that it is against Sharia to count the waters as Anfal, Article (1) of the Law on the Equitable Distribution of Water is set in such a way that public waters are considered part of the commons. he does. On the other hand, the examination of the opinions of jurists and different jurisprudential approaches in the field of the nature of public waters shows that it is possible to pursue different approaches to the exploitation of public waters based on considering public waters as part of public waters. According to the legal status of irrigation rights, the question arises as to what is the optimal jurisprudential approach in the challenges of using rights in public waters. The findings of this research with a descriptive-analytical approach from the base of reference to library sources showed that there are the necessary jurisprudential foundations to consider public waters as enfal, but considering public waters as part of the public commons, as well as the state of their being enfal, the legal confrontation with the rights in Cases such as the definition of the right to irrigation or the legal effects of the reduction of traditional rights by the government in order to modify the pattern of water consumption in the laws of the five-year development plans, should not be based on the argumentative approach of considering public waters, which allows any amount of private ownership in public waters.

in the system of vertical separation of powers, the powers of the central government are delegated or handed over to local government officials based on the principle of competence. This pattern of devolution of authority is called lack of concentration, and now in Iran governors, governors and prefects are examples of this devolution of authority, whose powers are scattered in various laws and regulations, and due to the confusion of the ruler, the validity of some places The thinking and authority of some others is distorted in terms of the possibility of creating competence, especially that "the plan for determining the duties and powers of governors and governors and how to remove and install them" approved by the Supreme Administrative Council (1377), although in Article 2, a total of 40 powers are listed for governors, but Legally, it is confused because the powers mentioned are mostly outside the legal capacity of the said Council's resolution and can only be considered according to the law approved by the Parliament and during the process of legislation. Another challenge is to the non-remedial rulings of these authorities. In this article, by examining the dimensions of the authorities of national divisions, we will address the question of what are the legal challenges of the authorities of national divisions and how to solve each of them. The hypothesis of this article, while acknowledging the lack of legal bases of authority, is the need for comprehensive and revised legislation in different areas of jurisdiction. The research method of this article is descriptive-analytical.​

The ever-increasing expansion of the activities of the government and the executive bodies shows the necessity of taking decisions and measures to organize administrative affairs and ensure the implementation of laws. Despite this necessity, in some cases, the institutions and their officials refuse to take the decision and action that they are obliged to do according to the law. Therefore, in addition to the administrative supervision foreseen in the laws, the judicial supervision of administrative acts is undeniable as one of the important and new challenges of administrative law in order to prevent the violation of citizens' rights.The uncertainty that exists in this context is whether the court of administrative justice as an administrative judge has the authority to supervise administrative omission or not? The following article, using the descriptive-analytical method, while explaining the concept of administrative omission, comes to the conclusion that, firstly, using the articles (10), (11) and (12) of the Law of the Administrative Court of Justice has the authority to "cancel" and "mandate" and therefore can deal with the administrative omissions. Secondly, the legislator in 1402, while amending the law of the Court of Administrative Justice, made the filing of a complaint in the Court's branches subject to the initial reference to the institution and obliged the institutions to respond to the request of the applicants, which led to the regulation of administrative decision-making, Documenting and justifying decisions and reducing administrative omissions.

One of the complex issues of international human rights law is the gap between theory and practice. Despite significant progress, international and regional mechanisms have not been able to fully bridge this gap. In this regard, "Domestic Institutionalization of Human Rights" seeks to play a complementary role in the multi-level supervision of international institutions over the protection of human rights in states. This article examines the role of "domestic institutionalization" in international human rights law. The article concludes that the United Nation’s prescriptions for domestic institutionalization of human rights have evolved beyond a mere focus on the role of the national human rights institution, and as much as it is related to the concept of “national human rights system”, it studies all relevant elements, including governmental and non-governmental actors, the legal framework, processes and relationships between them as a system. This process indirectly and softly weakens the absolute sovereignty of states.

Citizenship is the legal-political relationship of a person with a government, and as a result, granting citizenship is considered a sovereign matter. Therefore, each of the legal-political systems of the world impose strict rules for granting citizenship and accept only those who have successfully passed numerous political, economic, social and cultural tests and have proven their affiliation with that political system. to be Although the legal system governing citizenship, especially in articles 976 of the Civil Code, regardless of the nature of citizenship, in order to honor women Iranians and the provision of social services to their children from marriages with non-Iranian men, widely prescribed the granting of Iranian citizenship to these children with the additions of the place of reflection and caused damage to the body of the system of granting citizenship in Iran and the dignity of women. The negative effects caused by the implementation of this law, despite the short period that has passed since its approval, can be seen by disrupting the order governing the granting of citizenship in Iran, and the need to amend this law and other laws related to citizenship is felt more than ever. In response to the question "what challenges does the legal system of granting citizenship to people, especially children of Iranian mothers, and how should it be solved with a humane approach?", the present article, with a descriptive-analytical method, made suggestions to reform the citizenship system .

Developments in the amendments of the Administrative Court of Justice Act (1402 Amendments) move the Iranian administrative procedure system towards solving some of the major challenges of people's litigation, however, some other challenges in the text of the amendment draft, especially the competence of the court to deal with effective institutions in the public sphere, were not resolved due to various reasons, including the opposition of the high judicial authorities in the process of the hearing process of the State Exigency Council, but the innovations contained in the amendments make this Act generally progressive and specifically in the field of designing mechanisms for the enforcement of rights through changes in the conditions of being a beneficiary and the possibility of filing a complaint by the "Prosecutor General", "General Inspectorate of the State", "Supreme Audit Court", "Related Non-governmental Organizations" and "Deputy common rights of the Court" has made a progressive.

The laws and legal system in the field of art with a focus on music, cinema and theater are facing many gaps and challenges. This article seeks to find gaps in the legal system and laws in the field of art and provide a model for legislators to legislate a comprehensive law of art. The study revealed five structural problems, which are: lack of specific law of art, instrumental view of art for the realization of "Islamic and Iranian art", guardian view of "butterfly system" works of art instead of "registration system", lack of attention to " The rule of law, especially the "civil liability of the state" and, ultimately, non-transparent artistic enterprise. Therefore, according to the above-mentioned structural flaws and flaws in the laws and regulations mentioned in the article, in order to present the "model of a comprehensive law of art",Research objectives1- Lack of a specific law of art, a tool view of art for the realization of "Islamic and Iranian art"2- Sometimes the guardian of the "license system" works of art instead of the "registration system", not paying attention to the "rule of law"research questions1- How not to have a specific law of art, a tool view of art for the realization of "Islamic and Iranian art"2- How sometimes the guardian of the "license system" works of art instead of the "registration system", not paying attention to the "rule of law"

Despite the recognition of the nature of non-governmental public institutions in the case of amateur sports federations in the law, sports federations in Iran's legal system are facing the challenge of legal nature, and the legal ambiguities in this field have misled the law enforcers in the executive and supervisory bodies. The legal nature of the football federation, especially in the opinions of the Administrative Court, due to the ambiguity in the validity of its statutes and the briefness in the statutes of amateur sports federations, has been the subject of more challenges than other sports organizations. The legal effects of this ambiguity have appeared in various fields, such as the administrative and employment affairs of this federation, to such an extent that the General Board of the Court of Justice, in decisions 1665 and 1666 dated 7/20/1400, considering that the football federation is not a non-governmental public institution, ruled that the jurisdiction is not included. The general board of the court has issued a ban to this federation regarding the approvals of this federation and the non-inclusion of the law prohibiting the employment of retirees. Solving these challenges depends on discovering the answer to the main question of this research regarding the quality of the legal nature of the football federation. With an analytical-descriptive method and referring to library sources and legal documents, the author has come to the conclusion that the Federation According to the statutes of the National Olympic Committee and the statutes of amateur sports federations, football is considered a non-governmental public institution, and this nature not only does not harm the independence of the federation, but also ensures its independence while maintaining its supervision.Football Federation, Court of Administrative Justice, private non-profit organization, trade and professional organization, non-governmental public institution.

Managing affairs by relying on public participation and votes is one of the important and unchanging principles of the Constitution. In addition, according to the constitution, taking advantage of the economic participation of the people and creating its grounds is one of the duties of the government. This issue has been emphasized. Considering this importance, the general policies of the resistance economy have also based their foundations on the people-organizational economy and have turned their attention to the cooperative economy. The development of cooperation in order to realize the principle of people-centeredness requires a strong national determination and the creation of necessary legal and legal measures to pave the way and remove the obstacles on this path. In this research, the subject was investigated with an analytical method and while defining the resistance economy, the laws related to the people-centered principle were analyzed and finally the conclusion was reached that the general policies of the resistance economy in order to realize the people-centered principle. It is central and many laws are directly and indirectly related to this issue.

The fatness of the judiciary has led it to deviate from its inherent duty of resolving disputes. In order for the judiciary to be able to easily address the core mission of the judiciary, agility is needed. With the ethical principles of privatization of non-judicial duties of this branch and its affiliated institutions, the handling of matters of a judicial nature is carried out properly in this branch. In this article, the authors ask the question, "How can the ethical principles of privatization of non-judicial affairs be implemented from the judiciary?" Privatization of transferable affairs and maximum use of popular capacities are mentioned. Therefore, in this article, we intend to explain the specialized principles of the judiciary, the ways of ethical principles of privatization of affairs and subordinate institutions of the judiciary by joining them to other ministries such as the Ministry of Justice or the private sector and the use of public capacity with agility approach. And review the maintenance of the specialized powers of the judiciary.

The laws and legal system in the field of art with a focus on music, cinema and theater face many gaps and challenges. This article seeks to find the gaps in the legal system and laws in the field of art and provide a model for legislators to legislate a comprehensive law of art. The study revealed five structural problems, which are: lack of specific law of art, instrumental view of art for the realization of "Islamic and Iranian art", guardian view of "butterfly system" works of art instead of "registration system", lack of attention to " The rule of law, especially the "civil liability of the state" and, ultimately, non-transparent artistic enterprise. Therefore, according to the above-mentioned structural flaws and flaws in the laws and regulations mentioned in the article, to present the "model of comprehensive law of art", eleven indicators have been counted, which are: rule of law, free and non-control approach, government civil liability, principle Transparency, a supportive approach to artists, coherence of laws from production to distribution, prevention of government entrepreneurship, transparency of government budget and credit laws, independence of unions, narrow negative definitions and an artistic approach not tools in laws and regulations.

The National Document on the Rights of Children and Adolescents is one of the documents approved by the Supreme Council of the Cultural Revolution, which has been prepared with the intention of regulating the country's comprehensive cultural system in the field of education and training of children and adolescents. The existence of legal rules and regulations that have a nature and background in the present case has led to the question of the position of this document in the system of normative hierarchy and, consequently, the capacity assessment of the legal system in its implementation. Therefore, the present study seeks to answer the question "What is the position of the National Document on the Rights of the Child and Adolescent in the Iranian legal system and what are the ways to implement it?" Leading research collects research data by library method and studies them by adopting descriptive-analytical method. Based on the findings of this study, it should be said that the National Document on the Rights of the Child and Adolescent is a document with a policy nature, for the implementation of which the three assumptions of direct implementation of policy, implementation in the context of legislation and implementation through regulation can be expressed. The author believes that the implementation of this document in the context of legislation by presenting a bill by the government is more compatible with the Iranian constitutional system.

The Administrative Justice Court , in its ruling regarding the non-revocation of the decree related to the prohibition of re-education in an academic field based on the principle of avoiding inequality and extravagance, did not refer to specific legal articles and was limited to general principles. The Court's decision is also not in accordance with Article 166 of the Basic Law, although Article 30 is cited. On the other hand, the court did not consider all the circumstances of the case, such as the plaintiff's lack of use of government facilities in the first education. In this research, the authors based on the descriptive-analytical method have analyzed and interpreted the aforementioned ruling from the aspect of form and substance, and have answered the question whether the aforementioned ruling, by creating this prohibition, is somehow contrary to the 22nd article of the constitution, the principle Is the rule of law a violation of civil rights?

The media is a means of conveying a collective message, and this communication is the cornerstone of a democratic society. In such a society, people are informed about their rights and duties through the media, and play key roles in decision-making and participation in governance and calling for the good according to the third and eighth principles of the constitution. These participations and benefits on the part of the people and on the other hand the activism of the media and their brokers, are subject to the legal requirements, which should be protected from any kind of veiling and fully available to the people according to the clear and transparent nature of the law. Therefore, the codification of media laws, including the compilation, classification and distinction of executive and valid laws from others, is a necessary matter, which is simple due to the complexities of the media, especially technological developments, as well as the joint legislation of the Islamic Parliament with other rule-making institutions. The author's question in this article is about what and how to codify the laws about the media, which will be addressed with a documentary method and a descriptive-analytical approach. The findings of the research also indicate the conceptual and institutional challenges of codification, and the necessity of codification on the axis of goal-oriented interpretation and protection of the principle of the rule of law, transparency and coherence of the law, equality and legal-judicial security.

An approach to the concept and nature of Taxes approved by local councilsAbstractThe nature of local council Taxes is not explained in any of the relevant legal texts and regulations, despite the precedent of Approval and Received and direct connection with public rights. As a result, various inferences have been made from this concept, and many differences have been created between legislators and taxpayers, and a major capacity and power of regulatory bodies has been engaged in these matters. Also, the requirements explained in the lawsuits of the Judicial Oversight Body of the Administrative Court of Justice have not been sufficiently deterrent in reforming this process. Therefore, the nature of taxes approved by local councils, its sources and uses are questionable. we achieved at the same time or in the time frame before receiving and after receiving the taxes. And the service is the inherent basis of the nature to which the approve of taxes, sources and place of expenditure is linked, and if it does not adhere to the elements of definition, approving of taxes is fundamentally distorted.