فهرست مطالب majid najarzadeh hanjani

Requiring students to obtain a license to form a virtual student group with more than a hundred members and considering punishments for the founders of unauthorized groups is one of the new issues raised in the student disciplinary code approved in 1401. The present research has evaluated the necessity of obtaining a license to form a virtual student group in the disciplinary code of students with a descriptive-analytical method and considering the principles of public law. The results of the current research show that the formation of a virtual group is also recognized as one of the public rights and freedoms for citizens and especially students, which from the perspective of formation is a type of freedom of association, from the perspective of use, a form of freedom of access to the Internet and virtual space and from the point of view of participation is also a form of freedom of expression and communication. Based on this, the need to obtain a license to form a virtual student group with more than a hundred members and its violation of the student's disciplinary code, in addition to creating an undue restriction on public rights and freedoms, conflicts with the exceptionality and narrowness of creating restrictions, it also contradicts the principle of legality of crimes and punishments, the right to education, the principle of proportionality and the logic of Posterior supervision.

Over the past decade, the government's reliance on tax revenue has grown significantly, to the extent that disconnecting the general budget from oil revenue and other unstable income sources and replacing them with tax revenue has become a strategic goal of the Islamic Republic of Iran. However, the cumulative effects of more than four decades of a rentier economy reliant on oil revenue, alongside the specific structure of citizen relationships inIran, have raised security concerns regarding the continuation of the current tax policy trajectory. The main question of this article is: In what direction do the current transformations in Iran’s tax system pose security threats? The most important finding of the research is that the increased reliance of the general budget on taxes collected from citizens does not inherently carry a security threat; however, the nature of this process, if accompanied by changes in the structure of citizen-government relationships and structural and discriminatory flaws in the tax system, will lead to security crises for the country in the future. The research method used in this article is analytical-descriptive and based on library studies.

In the common literature in the field of tax corruption study, the most common form of corruption is in the form of taxpayers hiding from paying taxes or avoiding paying taxes through fighting with tax officials. However, there is a more destructive form of tax corruption, which is legal tax corruption. In this form of tax corruption, evading taxes in an illegitimate way, but through exerting influence on the approval of laws and applying tax exemptions, is Iran's war between a minority of people with power and wealth in front of the rest of the citizens. Apparently, this type of legal corruption, but inside it is completely against the spirit and philosophy of the law. In the Middle East countries, the tax issue has become a complicated situation due to the rentier nature of most of the countries in the region. While in the current approach to governance in all parts of the world, taxes are considered as the main source of providing welfare expenses for citizens in certain areas (education, public health, support for the vulnerable, and providing infrastructure), the rich oil income in the region is considered the other has created taxes and welfare expenses and as a result tax corruption. The efforts of the countries of the region to overcome the oil economy and rentierism are faced with requirements in the field of determining and collecting taxes, dealing with tax corruption and providing public welfare, which lack of proper management The possibility of political instability in this will maximize countries

The current research has dealt with the problem of opportunities and threats of electronic public services with a descriptive-analytical method and collection of sources using a library method. The communication revolution in the 21st century and the increasing progress of information and communication technology have led to the emergence of the concept of electronic government and, as a result, electronic public services. At the same time, with the development of technologies and the globalisation of competition between governments to provide public services electronically, the expectations of citizens from governments to receive services through electronic means have also increased. Therefore, one of the duties of governments is to develop the provision of public services electronically. Electronic public services, in addition to many opportunities such as reducing corruption, and increasing transparency, which strengthens the foundations of democracy and efficiency, also face various threats. Threats such as the protection of people's information, distrust of citizens in the government, and weakness in infrastructure, are among the things that, if ignored, will cause problems for the electronic public service project. Finally, the development of electronic public services and the use of its opportunities, in addition to the efficiency of the government and the satisfaction of citizens, also leads to an increase in the government’s legitimacy.

One of the basic rights of labors is to enjoy job security. This right is threatened in the pregnancy status of female labors who change from employment status to maternity leave. International labor law and EU law, in order to protect this right, have laid down appropriate rules and regulations to prohibit the termination of contracts of women labors and to protect their employment during pregnancy and childbirth. In labor and social security law of Iran, despite the existence of relatively appropriate regulations in this regard, unfortunately, judicial procedure of administrative court of justice has not been formed to ensure the job security of these labors. The present study, by using a descriptive and analytical approach, while explaining the position of international labor law and EU law, has evaluated the issue in labor law of Iran. The result is that according to the evidence presented in this study, the maternity leave period is inherently matches with the suspension of the contract, and therefore in this period the employer has no right to terminate the contract and it is pointless to count this period as part of the employment contract. Also, the Predict the right of termination for the employer or the condition of termination of the contract in case of pregnancy of the labor, has no legal validity.

Office decentralization can take the form of "technical decentralization" or "local decentralization." Decentralization means delegating the independence and decision- making power to an institution to run one or more specific public affairs. These institutions and organizations, which have the necessary legal personality and freedom of action, can operate in the form of a "public institution" or a "professional system". Having an independent legal personality, granting decision-making authority and freedom of action, administrative guardianship (supervision of the center), etc. are among the conditions for the realization of a decentralized system, and especially technical decentralization. The present study, which has been done by descriptive-analytical method, investigates and recognizes the dimensions of the disadvantages and challenges of the technical decentralization system in Iran. The research results show that part of these damages of the system is technical, nature and structural decentralization. At present, the administrative system of Iran does not have the necessary agility to realize the system of technical decentralization. Difficulties in the field of supervision in the system of technical decentralization are another part of the harms of this system in Iran. The existing hierarchy between different local units and government oversight of them is one of the most important of these problems. Another problem of the technical decentralization system in Iran is the budget (especially the financial resources for hiring employees). In order to achieve the condition of independence and freedom of action, it is necessary that public institutions do not have any special dependence on the government.

The privatization of public services led to the emergence of companies with private ownership and management and public mission known as the Public Interest Company (PIC). Despite being private and governed by the rules of private law, Influenced by the doctrine of public service and due to considerations related to the public interest, these companies are subject to public law and regulatory requirements. The public service management system in Iran has not been immune from privatization by announcing and implementing the public policies of Article 44 of the Constitution and the law on how to implement it. Therefore, it is necessary to evaluate and analyze the capacity of Iranian administrative law in accepting the concept of PICs. Using descriptive and analytical methods and relying on the experience of some countries, this study, after studying the basics of forming the concept of PICs and identifying their characteristics, considering the capacity of the concept of "public service agents" and "private professional institutions in public mission", acceptance of this concept in Iranian administrative law is considered possible.

Professional unions or trade systems, are considered as the factors of innovation and independence of technical institutions from the central government. In this article, using a Descriptive-Analytical method based on library information collection, the realization of the professional system in Iran has been studied. Examining the constitution and ordinary laws in domestic law, it is concluded that the existing professional systems in Iran are incomplete in some structures and according to some practical policies of the central government, lack the basic principles. In this study, it was found that the Iranian professional unions or trade systems are far away from the proposed definition and policies by the central government to prevent the realization of the institutions under the management of the professional system.

One of the non-judicial methods to resolving legal disputes is refer to arbitration. Using of this method is prevalent in many cases and recommend because it can help to reducing the inputs of the judiciary and consequently decreasing the length of the trial. However, some disputes are not, because of some respects, arbitrable. In the Iran legal system, there is no legal explicit clause for the non arbitrablity of labour disputes and the Invalidity of the clause of arbitration in the labour contract, However, some of the principles and special considerations of labour law have made it doubtful.
This paper, using a descriptive and analytical method, after examining the presentable arguments on the validity or invalidity of referring to arbitration in labour disputes, ultimately concludes that labor disputes, subject to observance of the mandatory rules and the minimum protective standards of labour law, are arbitrable and accordingly, the clause of arbitration in the labour contract is correct.

The doctrine of public function has fundamentally changed the classic concept of public services. Because this doctrine has denied the monopoly of personal and organizational criteria in recognizing public service and by resorting to some other criteria, some private sector activities are also considered public services in addition to the services provided by the public sector. The public function doctrine, by presenting a new concept of public service, also changes the criteria for recognizing administrative contract. Accordingly, any contract subject to public service, regardless of the personality of the contract parties, is considered an administrative contract. Thus, in such contracts, with legal supporting, it is possible to anticipate prerogative powers. In fact, a contract in which the parties are private, based on the existence of the subject of public services and the components of public interest, is considered an administrative contract and the public service provider can have prerogative powers. By this conceptual and substantive change, the jurisdiction of the administrative courts in judicial proceeding to claims arising from administrative contracts will also be expanded and these authorities can hear the contractual claims of both private parties, provided that there is a public service issue in that contract.

In terms of legal status, 'workers' and 'employees' jobs are indicative of "subordinate labor", which, despite some similarities in dual legal systems, have certain conceptual features, and thus recognizing and distinguishing their examples have significant practical implications. Among the similarities between these two legal situations, one can mention personality similarity, wage compliance, and order compliance. But in distinguishing these two terms, one must keep in mind the differences and specifications of each. The nature and basis of the employment are absolutely legal, but the basis for the formation of the worker-employer relationship is the contract. The basis of employee's compliance with the orders of supreme administrative position is the principle of administrative discipline, but the basis for the worker's order compliance is the economic risk of the employer. Finally, the recruitment of an employee is possible only by the administration and with full compliance with the legal terms and conditions of public employment, including the conduct of the public employment examinations. However, employing a worker and concluding a contract is not limited to the administration and is done by the consent of the parties.

One of the constant themes of political economics, public law and public administration, is limits of government intervention in economic and social affairs. So that different opinions in this regard, has created various schools of thought. Applying the teachings of each of these schools has led to a change in concept and instances of public services. Under the doctrine of laissez-faire and economic liberty, public services can be summarized in the limited sovereignty instances and while emphasizing on minimizing the role of government in economic and social affairs, intervention of government in this limited instances is accepted. Whit practical decline of free economy school and popularity of government oriented teachings of socialism and Keynesianism, instances of public services were developed widely and emphasized the necessity and need of setting public management in them. But crisis of maximal states, recreate the liberal economic patterns in the neoclassical schools form and "new public management" puts privatization of public services and regulation of this market by government on the agenda. Final evolution related with "good governance" theory that by focusing on efficiency criteria, prescribe government partnerships with private sector or market and by providing "new public service" model, puts fundamental and basic responsibility of government to ensure citizens' rights.This paper uses the library method to collect data and then uses the analytical method to provide a perspective of the evolution of the government role in public services administration and finally, has described the conceptual dimension of the new public service.

Importance of meeting public needs require that, despite the privatization of public services, the government uses appropriate methods to impose their rule on this market aimed at safeguarding the public interest. The subject of this paper is to explore and explain the methods of applying the rule of private firms in charge of public services. According to the findings of this article, the most important and most comprehensive way to applying government rule is public policy making that primarily entails recognizing this issue as a public problem. After public policy making, company management by government in a mixed market and firm stock ownership of government in mixed firms (partial privatization), give government practical capacity to pursue public interest policies. Enforcement of competition law rules to ensuring competition in the public services market and preventing disruption of competition can also lead to improve efficiency. Sectional Regulatory of the market structure and the quality and price of services, especially in monopoly markets, could be equipped public services.

Since the beginning of its theory, the public services faced with conceptual ambiguity and its substantive diagnostic criteria, at least in practice, has not been clear. The privatization of public services and undermining the criterion of "government intervention" and "public interest purpose" added to the existing ambiguity. In these circumstances, the public function doctrine, aimed at protecting the fundamental rights of citizens and their legitimate expectations and consolidation of state responsibility and prescription of regulatory in the market of public services was outlined and welcomed. According to this doctrine, apart from public services that are offered directly by the government, services that were previously provided by the government, but are now provided by the private sector, are also consideredaspublic services. This paper usingdescriptive and analyticalmethod, at first, analyzesverbalandsubstantiveconceptof public service, then reviews thecontentof public function doctrine and evolution of concept of public service and finally studiespurposes and effects ofadoption of public function doctrine.

After the privatization of public services and handing over public services to private sector, the issue of whether or not necessary to apply the rule of the government on privatized firms providing public services was raised. On one hand, according to theoretical foundations of privatization, the private management of public services is more efficient than public management, and on the other hand, the profit-seeking logic of private sector conflicts with public interest as foundation of public service theory. The present article by using the analytical and descriptive method, prove this hypothesis that government is not only permitted, but is obliged to govern in public services market in order to protect the classic principles of public service, manage market failures, promote and preserve competition and protect the rights of consumers, and therefore reconcile benefits of private management of public services and public interest.