فهرست مطالب مجتبی همتی

Monitoring the transactions of municipalities is one of the key mechanisms of good urban governance, therefore, in countries that have a long history of "rule of law", there are usually legal and political mechanisms to monitor these institutions on their income, expenditure and transactions. Considering this issue, this article is looking for an answer to the question, what are the most important damages and loopholes in Tehran Municipality transactions? In this regard, we investigated this hypothesis by using a systemic model: lack of rule of law, corruption, lack of transparency in transactions, lack of responsibility and lack of accountability of city managers, lack of proper and continuous interaction of citizens and urban civil and union organizations with municipalities. and councils, lack of formal and informal monitoring of urban management, lack of supervision and control over financial income and expenditure and municipal transactions in the form of a legal and logical framework and the principles of the rule of law and its supervision among the most important damages and loopholes of transactions It is the municipality of Tehran. This article showed with a descriptive-analytical method that the system model, on the one hand, has a high strategic, practical and knowledge-based capacity to realize good governance in municipal affairs. In this regard, the use of systemic theory in this article is an innovative method in the analysis of legal transactions of Tehran municipality from the perspective of good governance.

One of the most significant issues in the terminology of democracy and democratic governments is legitimacy (better known as mashroo’iyyat in Islamic terminology). In a democratic system, first of all, one should answer these questions: where does the credibility of the government come from and what is the role and position of the people in the government? Hence, in explaining the nature of the Islamic Republic of Iran’s system, the issue of legitimacy  plays a vital role; yet, investigating and analyzing the theory on legitimacy of the Iranian ruling system is essential. The Islamic government, which is proven to have divine legitimacy and derives its legitimacy from the Sharia, needs social legitimacy as proof and in the realization stage, and its  manifestation lies in people's choice and public consent, and the legislator of constitution also accepts the two-element legitimacy and knows it as the real concept of the Islamic Republic and thus has extended it to all the institutions arising from the constitution. Furthermore, the structure of divine-popular legitimacy can make the limited-and-bound-by-the Sharia democracy theory understandable and defensibleOne of the most significant issues in the terminology of democracy and democratic governments is legitimacy (better known as mashroo’iyyat in Islamic terminology). In a democratic system, first of all, one should answer these questions: where does the credibility of the government come from and what is the role and position of the people in the government? Hence, in explaining the nature of the Islamic Republic of Iran’s system, the issue of legitimacy  plays a vital role; yet, investigating and analyzing the theory on legitimacy of the Iranian ruling system is essential. The Islamic government, which is proven to have divine legitimacy and derives its legitimacy from the Sharia, needs social legitimacy as proof and in the realization stage, and its  manifestation lies in people's choice and public consent, and the legislator of constitution also accepts the two-element legitimacy and knows it as the real concept of the Islamic Republic and thus has extended it to all the institutions arising from the constitution. Furthermore, the structure of divine-popular legitimacy can make the limited-and-bound-by-the Sharia democracy theory understandable and defensible.

Participatory democracy, which seeks to create continuous and daily participation of people in the administration of public affairs, is a transformative relationship between the administrators and the governed and the reason for the transformation of the special functions of governments. The implementation of participatory democracy in Iran's administrative system creates huge changes in the way local affairs are administered and public services are provided, public supervision, the right to be heard and the role and performance of councils. In this article, in a descriptive and analytical way and using library sources, the influence of this type of democracy in the evolution of administrative law in Iran and the role it can play in the expansion of democracy in Iranian society have been further explored and scrutinized. The results of the research show that although the administrative law system of the Islamic Republic of Iran has thought of measures for the role of the people in the administration of affairs, these cases do not ensure the continuous participation of the people in the administration of public and urban affairs and fundamental changes should be made in administrative law and the government's approach to the role It was citizens.

The transition from autocratic governments and the movement of societies towards accepting the role and will of the people in managing public affairs and ruling over their own destiny will lead to the emergence of the idea of democracy, and this paradigm has accepted many changes and developments in the long run of time to guarantee the participation of the people in the society. . One of the new types of democracy is participatory democracy, which relies on and emphasizes the continuous activism of citizens in the administration of public affairs and transforms them from merely electing public officials to participants in the administration of public affairs. In participatory democracy, people's participation goes beyond elections, and in the field of urban life and issues such as how to plan and prioritize public budgets, how to organize urban construction affairs, how and how to prepare and pass laws and regulations, public policies, direct intervention of citizens and They are continuous and monitor the performance of public officials. This type of democracy requires creating freedom in accessing administrative documents and information, surveying people and recognizing the right to participate in all public areas of society for them. In this article, in a descriptive and analytical way, using library sources, it has been used to draw the face and explain the principles and roots of participatory democracy

The most essential function of governments, whether theological or secular, as a living organ is to survive in the area under its rule, & the public wealth of each country provides the resources to meet the needs of this living organ. In today's society, the administration of justice in the areas of distribution, allocation & elimination of discrimination is an undeniable necessity for the survival of governments. Indeed, the greater amount of these resources, if properly managed or consumed, it will lead to the growth of sustainable government development & ensure the survival of governance. The first step in managing & exploiting public wealth is to identify all types & instances of public wealth. So far, only the tangible aspects of public wealth have been considered in Iranian public law, & the intangible aspects of public wealth have been neglected due to the lack of recognition of this type of wealth, both in the field of identification & in the field of management or consumption. Human capital as intangible public wealth is the most valuable part of a country's public wealth, which has been considered by governments in macroeconomics since the beginning of the present century. This article seeks to expand the conceptual space of the subject & express its problematic aspect & examine the various dimensions & aspects of public wealth, especially intangible public wealth, & in a word, to substantiate the concept of intangible public wealth.

The cases of Revocation of the contract in the labor law are not clearly specified. The labor code, in support of the worker, has accepted the expulsion implicitly, without specifying the types and reasons and in the notes of Article 7, it has shaken indefinite contracts. In spite of amending Article 10 and Article 21 in 1394, there are still some ambiguity: What are the cases of Revocation of a contract in accordance with the clause (g) Article 10 and the clauses (g) and (H) of article 21of labor code? What authority should determine the cases of Revocation in the labor code? Research method is descriptive-analytical way. despite paragraph (g) of Article 21, paragraph (h) of Article 10 is redundant and paragraph (g) of Article 21 is not one of the ways to terminate the contract along with other cases of termination of the contract, but the legislator should Organize " revocation within labor law" in two cases: revocation at the will of the employer and revocation at the will of the worker with specific types and conditions of each. This requires amendments to the labor law to provide contractual balance in labor relations.

The history of labor relations from the era of slavery (which was not identified by any kind of personality for slaves) until the nineteenth century represented suffering and long struggles to recognizing identity and human rights, including rights and freedoms of labor, which led to changing of labor relations. Today, the nature of labor contracts, due to its connection to public order, has changed from the mere private contract to public-private nature.The purpose of this article is to explain the substantive and formal conditions for concluding an employment contract (individual and collective labor contracts) and also guarantees for the implementation of the above conditions in one hand and the condition of lack of legal and fighi prohibition of the parties in seizing the property or work (Article 9 Labor Law) which is one of the special conditions of labor contracts on the other hand. The research method in this article is descriptive-analytical and the method of collecting information is Documentary. The result of this study is that, for the various reasons mentioned in this article, Article 9 of the Labor Code complements Article 190 and subsequent provisions of the Civil Code and each of these two articles reveals the private and public dimensions of labor contracts.

Labor relationships have been intertwined with the painful history of human beings: slavery, exploitation, bad working conditions, sickness, occupational accidents and deaths caused by them. The labor contract as a source of this work relationship has historically changed from private contracts to contracts of a private-public nature and the cause of this change has been the workers' revolutions and government interference through enacting of imperative protective rules in the direction of ensuring human dignity and balancing labor relations. This article tries to explain the definition and characteristics, differentiation and different types of employment contracts in the Iranian labor law system with a descriptive-analytical method and to address the shortcomings of employment contracts in the field of legislation and judicial procedure. The Labor Law approved by the Majma- e- Tashkhis pays attention to the requirement of human dignity in the employment contract, which is the guarantee of minimum protections; however,  the way in which article 7 of the Labor Code and its notes have been approved has weakened job security in permanent work, which is reflected in the performance of employers, the Ministry of Labor and the Administrative Justice Court. The solution to the problem is to modify Article 141(clause B), Article 7, and its two notes.

In Iran's employment system, in addition to the rule of two general act of service management (for the public sector) and labor acts (for the private sector), we are faced with a variety of specific employment systems which raises several questions: What is the scope of these two general acts and their exceptions? And what is the relationship between them in terms of inclusiveness? What is the relationship of these two acts with excluded areas? And in terms of justice and efficiency, what challenges do we have in our employment system? The purpose of this article is to address these questions descriptively-analytically. Conclusion of this essay is that First, special employment systems that are not subject to the Service Management act should be specified in Article 117 of this law, taking into account justified and rational reasons and not be excluded from this act according to internal regulations; Second, the exclusion of small workshops less than ten people from the labor act should be abolished ; Third, in order to realization of social justice and solving of the challenges of pension funds, the basis and rate of premiums / pension deductions, minimum wages and benefits subject to deduction of premiums / pension deductions and minimum wages in all types of general and special employment systems should be determined equally; Fourth, it is necessary to update the employment regulations of the employment act- which is not contrary to the management law-, and to include them in the service management act.

Since the approval of the bill on Investigation traffic violations since 2010, the challenge of whether or not it is necessary to register an official document of vehicle  in notaries has been seriously raised And the law enforcement force has sometimes Provoked this challenge by suggesting that it is not necessary to refer to notaries and the adequacy of the green leaf issued by the license plate change centers; With the ruling of the Administrative Court of Justice in March 2020, this challenge has been raised more seriously than before, so that vehicle owners consider themselves without the need to register a document in notaries. This research tries to answer this question by using descriptive-analytical method and collecting information in the form of library and documents that what are the legal and judicial challenges and solutions related to official document of the vehicle? The conclusion of the article is that: 1. According to Article 29 of the Law on Investigation of Traffic Violations, Approved 2010 and the Law on Value Added Tax, Approved 2021, it is mandatory to prepare and register an official vehicle document in notaries. 2. The rules and regulations regarding the costs of official registration of vehicle transaction in notaries do not facilitate the preparation and registration of official documents, at least for the poor. 3.The first, second and second parts of the third paragraph of the decision of the General Assembly of the Administrative Court of Justice are also contrary to Article 29 of the Law on Investigation of Driving Violations and subsequently contrary to Article 1287 of the Civil Code and Public Order due to the suspension of tax and registration laws and internal conflicts However, the first part of the third paragraph of the General Assembly's decision ensure and protect the rights of citizenship (the right of delegation as a civil right) and is in accordance with legal principles and Articles 656 et seq. Of the Civil Code.

In Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is based on the requirements of judicial justice and supports the freedom and dignity of individuals. The extent of the principle of innocence is very wide and inclusive than Islamic law but the commonality of this principle in both areas is alesalat ol adam. This article, using a descriptive-analytical method and using library sources, seeks to answer this question: What is place and guarantees of the principle of innocence in Islamic and public law and in the judgments of Administrative Justice Court? Conclusion of this article is that the principle of innocence and its guarantees, as referred to in criminal law, in the field of public law has not been cited by the administrative proceedings authorities and a number of branches of the Administrative Justice Court, in judicial controlling of quasi-criminal administrative bodies, have referred to the guarantees of the principle of innocence and have considered them as one of the principles of fair administrative hearing. According to this principle, one cannot be held accountable or be restricted his freedom without giving any reason; An approach that if pursued extensively and severely by all branches of the administrative Justice Court can improve the performance of administrative authorities and quasi-criminal administrative bodies.

Today, social capital is a major part of intangible public wealth, and the protection of public wealth requires good governance (as one of the components of soft power), a form of governance largely by the institution. International and developed countries have entered the literature of sustainable development and it has been interpreted as the proper management of a country's resources in a flexible, transparent, responsive, fair and responsive way to the needs of its citizens, which can, while protecting Social capital will increase the level of soft power. Therefore, according to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method is library. The article raises the question: What is the relationship between good governance (as a component of soft power) and public wealth? In other words, how can good governance affect social capital? In response, it can be assumed that: "The relationship between good governance and social capital is an interactive and two-way relationship in which good governance can create conditions in which social capital flourishes and social capital flourishes. It paves the way for good governance and increases soft power. ”The result is that social capital has positive effects on the dimensions of good governance, including transparency, oversight, balance, democracy and solidarity, and good governance also increases and The level of social capital will rise.

Suspension causes paralysis of a contract, but it does not stop and do not cause death. In other words, the suspension is the temporary suspension of the implementation of the obligations of one or both sides of the work relationship, which may be forcible or optional. Maintenance of the work relationship and retaining work records prior to the suspension are two absolute and irrevocable effects of the suspension. The two other effects of suspensions are the following: including of a suspension period as part of the work record and the non-payment of the wage during the period of suspension. Here, the different types of suspension, with respect to these two effects of the suspension, have different characteristics and legal effects. On the one hand, including of  periods of suspension as periods of employment or as retirement records, On the other hand, cases of suspension of a work contract without payment of salary and benefits of suspended periods, cases of suspension of employment contract with payment of salary and benefits of suspension by employer, Finally, the cases of suspension of employment contract with compensation or unemployment benefit by the social security organization are discussed in this article by descriptive-analytical method.

Decisions and actions of public authorities and officials can have a profound effect on the lives of people, both morally and spiritually. A matter that requires fair administrative proceedings to challenge them.If the proceedings follow a series of standards, that procedure will be fair. These standards are either general or inclusive or specific standards of procedure. The aims of this article are review and analysis of the Law of Organization and Procedure of the Administrative Justice Court in the context of the universal standards of fair hearing that are most important and fundamental and apply to all stages of administrative litigation. So, the questions of this research are: What are the general principles for fair trial? How far are these standards and regulations in the Law of Organization and Procedure of the Administrative Justice Court guaranteed? This article tries to investigate mentioned questions in descriptive- analytical method. Fair hearing, Court / tribunal independence, public hearing and effective redress are universal standards that their realization in Iran's administrative justice system requires revision of Articles 2, 10 and 12 of Law of Organization and Procedure of the Administrative Justice Court.

Access to justice should be outlined one of the fundamental principles in the Civil Procedure. It is an indicator of efficient judiciary and a measure of social justice Access to justice can be analyzed in terms of physical access and qualitative access. The purpose of physical access, the proper allocation of facilities and resources through the system of distribution of qualifications, the systematic development of physical spaces, and so on, in order to make the judicial system more efficient. Qualitative access is a fair trial within a reasonable time, without undue delay, with standard costs, and ultimately achieving the appropriate compensation and enforceability of the result. In the other words, if access to justice is inexpensive and quality of procedure and outcome is at a high level, it can be said that the justice is more readily accessible. But how can diagnose accessible justice from inaccessible, is questioning from real users to be examined their experiences of costs and quality. The measurement is done by examining three features of dispute settlement: costs, quality of procedure and quality of outcome. Therefore, research emphasis is on user-centric approach and the findings are presented based on interviews with actual judicial users. The research method is descriptive-analytical and methodology in addition to a library and documents search, referred to the survey population through questionnaires. The results of the data collection showed that quality of procedure and quality of outcome is desirable from perspective of users but costs (such as financial costs, opportunity costs and intangible costs) are undesirable. Effective and efficient services require investment in time and quality; reducing the length of the proceedings and providing high quality sentences and the usual cost to people is guaranteed the access to justice in Iran's civil justice system.

By the end of the twentieth century, the fact is obvious to everyone that the centralized state model is in crisis. While decentralization was formerly associated with the administrative styles, today it has tied with good governance, efficiency and democracy and has been changed from the methods of governance to a way of life. Japan is among the successful countries in this field. Questions regarding local government in Japan include: What is the status of local government in this country? What is the basis of its legitimacy? What is its public authority in the exercise of power? And How is the relationship between central and local government and How is monitoring over local institutions? This article tries to answer to these questions through collecting data from various legal sources and descriptiveanalytical method. The Japanese government delegated wide authority to local governments on the path of national development and through strict control mechanism, it has been effective and effective so the national government was made responsible for: (1) Affairs relating to Japan as a nation in the international community; (2) Affairs relating to various activities of the people that should be handled in a uniform, nation-wide manner; (3) Executing policies and projects that must be performed from a nationwide viewpoint or on a nationwide scale mechanism that can be very useful and effective For local management in Political-legal system of our country local management.

Having a healthy environment is one of the fundamental rights which are taken into Accont in the constitution. In addition to private persons who are obliged to prevent environmental pollution, governmental organizations are responsible for protecting the environment too. Environmental protection requires observance of a series of principles in operation and an effective basis for environmental liability. The role of the judiciary in this area includes inclusive and active monitoring and prevention, inclusive and active prosecution and effective judicial remedies. This research seeks to answer the following questions with a new and comprehensive approach: What are the plaintiff and defendant in environmental claims? What is the competent authority to deal with environmental claims? What are judicial remedies? What mechanisms are necessary for effective protection of the environment? This article tries to answer to these questions through collecting data from various legal sources with descriptive-analytical method.

Good local government is the real and obvious case of good governance that in which both participation and supervising is real and objective. It also facilitates democracy and good governance in national level. More importantly, with the crisis of central national governments, local governments play a prominent role in the balanced development. In this essay, the local/urban government in Iran and Japan and its components’ was studied. Questions proposed in this essay include: What is the status of local government in these countries? What is the basis of its legitimacy? What is its public authority in the exercise of power? And How is the relationship between central and local government and How is monitoring over local institutions? This article tries to answer to these questions through collecting data from various legal sources and descriptive-analytical method.
This study concluded that at first, the components’ of the urban government must be strengthened. in order to realization of balanced development, The efficiency and effectiveness of these legal methods depend on that national politics in relation to local, regional and territorial planning (justice) must be changed seriously.

Recursion of a witness from his testimony is an article in both Civil and Islamic Criminal Code. The relationship between the recursion and the perjury is obscure. The recursion is dissuasion of witness from his testimony in the court before an official authority who listens to the testimony. In the perjury, a witness does not relinquish from his testimony and stay on it but its falsehood is proved by its defiance to the fact. If the recursion is made before the definitive verdict, it is resulted in its unreliability or ignorance but after the definitive verdict, it do not cause the annulment of the verdict which is based on recursion except before the performance of Hudud . The recursion may annul a verdict in normal cases, however in unusual cases; the recursion is not a reason for annulment. The refusal of the recursion do not causes in opposition of the definitive verdict with Sharia.

Administrative hearing is one of the important new areas of proceedings. Fair administrative justice standards are divided into two categories: comprehensive general standards of fair trial and specific fair trial standards which govern the three stages of the administrative hearing (including institution of case, hearing and decision making). In this article, Administrative Justice Act (enacted of 1992 by Islamic Council (Majlis)) as legislative action is analyzed in terms of specific fair trial principles and criteria that govern the three stages of Administrative Procedure to be clarified that, to what extent these standards are met in the legislative process related to principle 173. Therefore, this article seeks to answer the questions that follow: what principles and rules as administrative fair trial standards are governing over the three stages of administrative hearing? To what extent the principles of administrative justice system are guaranteed and respected?

The term "citizenship" refers to an identity between a person and a city, state or nation. When combined with the term "global", it typically defines a person who places their identity with a "global community" above their identity as a citizen of a particular nation or place. The idea is that one’s identity transcends geography or political borders and that responsibilities or rights are or can be derived from membership in a broader class: "humanity". The message of Global citizenship is that the core social, political, economic and environmental realities of the world today should be addressed at all levels - by individuals, civil society organizations, communities and nation states - through a global lens. The lack of a global democratic government that is accountable and responsible against citizens in the face of global challenges, demonstrate the ineffectiveness and lack of effectiveness of the world existing structures. Therefore, to supplement the existing structures, global citizenship is performative and citizen-oriented. Citizens through information and communication networks participate in solving global issues, including environmental problems, human rights, peace and global poverty. This type of citizenship is promoted thorough information technology, environmental, multicultural and human rights education.