جستجوی مقالات مرتبط با کلیدواژه « فساد اداری » در نشریات گروه « فقه و حقوق »

The most obvious types of complexity of sentencing is compliance with the process based on which the legislator can achieve the goals of punishment.The purposeful penalization model is trying to determine the territory of criminal intervention, provide the possibility of the existence of other tools and institutions of social control, and introduce its own foundations and principles.One of the basises of this model is the uncollectibility of the goals of punishment with each others.In practice, it is not possible to fully combine the goals of punishment in one or more types of punishments, which in the model of purposeful penalization, the same non-fulfillment of the goals of punishment is considered as the basis of the uncollectibility of the goals of punishment with each other.In this work, how to comply with the basis of uncollectibility of punishment objectives in the penal code of Afghanistan from the perspective of the mentioned model with emphasis on administrative corruption crimes is evaluated and it shows that the basis of uncollectibility of punishment is in 13 discourses which include 1 discourses of general orders and 12 discourses of crimes and punishments (administrative corruption) have not been observed.This work suggests that in amendment of the mentioned penal code, while observing the findings of this research, the uncollectibility of the goals of punishment should be observed in other parts of the penal code as well.

Today, administrative and economic corruption is one of the challenges of society and the administrative and political system of Iran. At the same time, in the statement of the second step of the Islamic Revolution, the Supreme Leader outlined the requirements for the realization of this great ideal, in line with the realization of the new Islamic civilization. In the present paper, an attempt has been made to investigate the importance of the approach of the statement of the second step of the Islamic Revolution to economic and administrative corruption and the mechanisms of its prevention in Iran's criminal law. The present paper is descriptive and analytical using the library method. The results of the study show that the declaration of the second step of the Islamic revolution in its fourth recommendation considers justice and the fight against corruption to be necessary for each other and considers the lack of political and economic health as a factor affecting the legitimacy of the system. From the point of view of the statement of the second step, justice and the fight against corruption can be given serious attention as one of the clear bases for the planning of the executive officials to fulfill the demands of the leadership and take a step towards the creation of a new Islamic civilization. In addition, many laws have been established in criminal law to prevent economic and administrative corruption in criminal and non-criminal forms. Fines and imprisonment are among the most important examples of criminal prevention and supervision and efforts for economic privatization are among the most important non-criminal mechanisms for preventing economic and administrative corruption. Indeed, the existing laws need to be revised due to fragmentation.

In any government, reforming the administrative policy in a way that makes it possible to achieve as many goals as possible is the main issue; And these developments have a double sensitivity towards the country's property and documents registration organization, as an authority for establishing the rights of individuals, considering its structural and functional position in establishing legal-judicial security. However, the results obtained from three decades of transformation programs have a significant difference compared to the intended goals. Therefore, considering the distinction between the managerial nature of the administrative system and the bureaucratic authority that governs the governing institutions, the main question is, what role and position do the rules of administrative law play as a result of the changes in the registration institution?Regarding the research problem, in order to focus on the mutual influence of administrative law (basis) and administrative system (method), there is no background. Therefore, the current research has investigated the role of legal rules in the emergence of administrative problems and how to solve them using a descriptive-causal analysis method. The data collection in this study was done by documentary and field method. And the findings of the research indicate that, in general, the rules of administrative law, due to defects and omissions in the supervision of diagnostic qualifications, have acted in the opposite way in the implementation position, therefore, the solutions presented with the approach of solving the problem of supervision, imply the realization goals will be.

Government organizations and companies, the major part of whose financial resources are provided from the public budget, have been abused by government officials and agents for a long time. If it is not dealt with in an effective and useful way, it can even cause a crisis in the political systems ruling the countries. In the current research, the main question is raised as follows: What are the obstacles to the implementation of anti-corruption policies in public companies and how are they related in the form of a model? Therefore, using in-depth semi-structured interviews with some managers of "Homa" airline company and benefiting from the content analysis of the conducted interviews, eight factors were identified as the main obstacles in the implementation of anti-corruption laws, and after that, with Using the questionnaire (ISM), 40 experts of that company were asked to specify the relationships between the calculated factors and finally these factors were categorized into four levels

Corruption has existed as an inescapable and uncommon phenomenon among all societies from the past to the present and it seems that wherever there is some degree of authority, corruption is an inescapable thing. Corruption is one of the problems facing the administrative system that has many negative social, political and economic consequences. The question of the article is, what are the social prevention mechanisms of corruption? The hypothesis of the article is that the development of citizens' awareness and participation is the most important social prevention mechanism against corruption. This article is descriptive and analytical and has investigated the question by using the library method. Social prevention is one of the types of non-criminal crime prevention that plays an important role in controlling and reducing crimes. The findings indicate that the growth and promotion of collective awareness, cultural development, civil participation of citizens, the active role of social networks and phenomena such as whistle-blowing are among the most important social prevention mechanisms against corruption.

Despite the numerous measures to fight corruption in its various forms in Iran's legal system, a significant and tangible reduction in the direction of reducing administrative corruption and improving the health of the administrative system is not observed. Among the most important reasons expressed by experts; Lack of criminalization of corruption in the private sector. The present article, which was written in a descriptive-analytical way with the aim of examining the historical developments and domestic and international documents of the fight against corruption in the private sector, comes to the conclusion that the private sector is that part of agriculture, animal husbandry, industry, trade and services. It is possible that it complements government and cooperative economic activities. The history of fighting corruption in the private sector at the international level is much older than criminalization and fighting corruption at the domestic level .At the international level, the criminalization of corruption in the private sector has been specified in both international and regional documents, and in both of these documents, the criminalization has been extended to the private sector, and countries have been advised to To criminalize it in the internal laws and regulations, take necessary measures. Iran's legal system is associated with numerous gaps in relation to corruption in the private sector, and the fight against corruption and criminalization is not capable of being realized in the private sector due to the conditions that are foreseen for the realization of criminal titles related to corruption. According to experts, this vacuum is one of the main reasons for the lack of tangible success in the fight against corruption at the macro level.

The emergence and progression of corruption is one of the most important examples of inefficiency in administrative system. Combating corruption requires many tools, precision and tact, so it is only possible to strength health of administrative system, promote rules qualitatively and performance of controller organizations and fight against corruption progress through creating proportionality among general policies of state's administrative system and relevant rules, coordinating performance of supervisory bodies with regulatory norms, controlling and review rules, and finally strengthening people's position in the process of control and review system. The application of general principle of law as a tool to prevent corruption in its various external forms of manifestation and significant improvement of administrative system's efficiency are important in seeking optimal and effective methods in order to improve framework of legislative, executive and review mechanisms. The principle of proportionality as a principle bearing structure and as one of the modern principles in law attempts to guarantee that individuals' freedom, as a public right of citizens against the government, will prevent corruption and abuse in public power and discretionary power by state and governmental authorities in order to proper conduct of community. The research concentrating on the application of the principle of proportionality as an efficient tool for encountering administrative corruption. This is a descriptive-analytical research gathering data and information using library research method. This research attempts not only clarify concept of the principle of proportionality, as a supervisory efficient tool to encounter corruption, but also probe the application of it in legislative, executive and review mechanisms in order to create anti-corruption restrictions.

Administrative system is one of the most fundamental concepts in the field of governmental administration, administrative law and fundamental rights, and corruption is one of the most challenging phenomena in the contemporary world and a serious obstacle to comprehensive development in all countries, especially Afghanistan and Iran. In recent years, due to the spread of the destructive consequences of corruption, attention to the factors, methods of combating it and providing the necessary measures has increased. There is disagreement about the positive or negative role of bureaucracy on the administrative system and, ultimately, the occurrence of corruption, and the popular opinion in the third world countries such as Afghanistan and Iran reflects the negative function of bureaucracy on the administrative system of these countries. The present study uses a descriptive-analytical method to examine the role of bureaucracy in the development of corruption in Afghanistan and Iran. The achievement of this writing is that bureaucracy, instead of making the administrative system efficient in the path of economic, political, social and cultural growth and development of these two countries, has caused the inefficiency of the administrative system and caused it to suffer from various corruptions.

Explaining new phenomena and events in various fields using macro and interdisciplinary theories and strategies is on of the practical tools for better understanding of these phenomena in order to adopt appropriate management-executive approaches to them. Therefore, understanding the concept of "Sovernment Crime" as a systematic violation of citizens' rights by the government, under "Game Theory" as one of the strategic theories to explain phenomena and events in the fields of social sciences and international relations, is a matter that is both from the perspective of understanding and promotion. The so-called government crime literature is worthy of attention in terms of attention to the objective and practical aspects of identifying and responding to government crimes. Therefore, in this article, considering the state and citizens as two main actors in different fields, and using the principles and elements of game theory, it has been argued that the actors participating in a game have rationality and by calculating their possible profit and loss participate in the game process and seek maximum profit and minimum loss. These actors reach equilibrium at a point known as the saddle point - in which each actor has gained a certain amount of profit and loss. This point is the point where it is no longer possible to receive more profit and less loss for any of the parties, and if the game continues, they will suffer a decrease in profit and an increase in loss. Finally, it has been concluded that the states, with tools such as bringing other actors into their playing field with citizens, using rents and information tools, changing the rules and regulations governing the game, cause the balance to be disturbed and the saddle point to be shifted to turned towards themselves and thus cause systematic violation of citizens' rights.

Today and in the governance system, the management of public affairs is often done through regulations. Despite the fact that regulation usually serves the efficiency and legal action of the rulers, however, it seems that it can also be a ground for the occurrence of administrative corruption. This is to explain that if the regulation is not in the framework of the principles of good governance and also the regulation is not good, it has the ability to generate or intensify administrative corruption during the implementation of regulations by public officials or people. This category in such an important issue of the environment can have long-term and irreparable consequences for public interests. The present study aims to briefly examine the possibility and grounds of administrative corruption due to unfavorable regulations regarding forests as one of the most corruptible and sensitive elements of the environment. In this regard, the regulations of Iran and Brazil in the field of environment and especially the forest have been comparatively studied.

Corruption is an unethical, illegal and fraudulent act that is done with the aim of gaining illegitimate benefits by one or more people and it can be defined as the unethical use of any type of public (government) facility for personal gain, deviation from Honesty and integrity through bribery or collusion, defined the act of violating the law in order to help a third party in exchange for receiving money by government employees. (The article on the assessment of administrative corruption and ways to combat it, authored by Amir Shadmanjo) Administrative corruption is considered one of the chronic diseases and in fact the oldest injury of the administrative system, because it is a phenomenon born from the state, that is, since human activities took an organized form. Administrative corruption also emerged as a result of internal interactions and interaction with the environment from the text of the organization. Corruption is a much broader phenomenon than fraud and has a multifaceted nature. Corruption in the administrative systems of most countries causes serious damage to development and progress, and in countries In a developing country like Iran, the importance and control of it has become clear and obvious to the politicians and their people. Among the harms of corruption are: administrative corruption hinders the growth of healthy competition and pushes back efforts to reduce poverty and social justice, weakening the belief nations to their own ability and causes despair and disillusionment towards the foreseeable future. and all It is the participation of citizens. The main purpose of this research is administrative corruption and ways to fight it.

Corruption is one of the most important causes of backwardness in societies, which causes irreparable damage to governments. Therefore, dealing with such crimes will be possible when accompanied by the strong will of the responsible institutions and the establishment of correct rules in criminal laws and procedures. The present study is based on the question of whether Iran and Afghanistan have taken a different approach to corruption offenses. Have legislators considered the specificity of these crimes in passing laws? Both countries have taken effective measures in this regard in accordance with the law, but this does not mean taking a comprehensive approach to these crimes. In some cases, these criminals play an important role in the law-making process, and sometimes they are ignored. The existence of special features distinguishes these crimes from other crimes, which make the differential of litigation necessary. The present study is an attempt to examine the laws of both countries in accordance with the United Nation Convention and to distinguish between different stages of litigation and the role of experts in discovery and investigation.

One of the challenges of the administrative system is the emergence of conflicts of interest among employees, which can imperil the public interests related to their job duties due to the motivation to pursue personal interests. The corrupting capacity of such a situation challenges the static stance of some systems in not intervening until the actualization of the abuses of those involved, and demonstrates the need to design an effective criminal policy that can counter this with the proper use of formal sanctions. In the present study, the reactionary rather than preventive responses to the criminal policy of the Persian Gulf countries regarding the conflict of interest situation have been studied in a descriptive-analytical method. The findings of the research show that some countries, such as the United Arab Emirates and Saudi Arabia, have adopted a delinquentization approach to conflict of interest, in which they deal with violators by administrative and disciplinary sanctions. This is while countries like Iraq, Oman and Kuwait use the criminal sanctions. Items such as activities and cooperation with private institutions related to government employment, holding stocks in private institutions related to the employee's job, refusing to forgo personal interest or resignation from a government job that creates conflict, refusing to render financial statements of employees who are exposed to conflicts of interest as well as abuse of job position in conflict of interest situations where it is not covered by the usual offenses in criminal law are among the examples that have faced formal and especially criminal sanctions in the criminal policy of these countries.

In the comprehensive Plan for Prevention and fighting against administrative corruption, comprehensive definition of administrative corruption must be foundation of the plan. We can say administrative corruption is the corruption of administrative system. Administrative organizations are subsystems of administrative system of the country. Administrative corruption is a complex, multidimensional phenomenon and has several levels. Nevertheless, the basic description in plans and statutes for prevention and fighting against administrative corruption in Iran, is individual – oriented and the principal approach is behavioral - on the level of person and not completely. The approach is not system – oriented and is not on the interaction between structural – behavioral –environmental dimensions. This paper, based on the theoretical necessity of comprehensive definition for administrative corruption, analyzed and evaluated the definition of most important statutes and statutory rules of fighting against administrative corruption. The result is that this definition are not comprehensive. This description leads us to basic prescriptions.

Corruption has different forms and effects, both on the economy and society in general, because it prevents economic growth and affects business operations, employment and investment. Therefore this article will investigate the effect of corruption spread factors on economic indicators and providing confronting strategies. From this perspective, after expanding the conceptual space of the issue, it will examine the factors influencing the spread of corruption. According to the thematic documents presented in this research, the research method is descriptive-analytical and the data collection method in this research is library. The findings of the article are: First, the most important factors influencing the spread of corruption can be the political and economic environment, habits, customs, traditions and demographics, religion, lack of e-government, bureaucracy and dysfunctional administrative and political structure, and civic participation and Freedom of the media pointed out that, secondly, in the field of the impact of corruption on economic indicators, we can mention "the effect of corruption on jobs", "the effect of corruption on investment", "talent allocation" and "the effect of corruption on taxes" and thirdly, in the solutions section. He pointed to the promotion of ethics in the form of public culture, publicizing the culture of fighting corruption, strengthening public awareness, strengthening the religious attitudes and beliefs of employees and managers, legalism of employees and managers, and institutionalizing a culture of criticism.

Public oversight capacity to detect, reduce and prevent administrative violations is one of the tools in the fight against organized corruption. The so-called "Lincoln Law" or the "False Claims Law" of 1863 has provided a successful experience in combating corruption by providing a supportive and encouraging platform. However, the recent parliamentary resolutions to whistle have been a precautionary look at the situation But we seek to explain the social nature of prevention in this law, a strategy that requires the government to actively involve citizens and activists and non-governmental organizations in participation. But the question that arises is, can this law have a religious basis? This research, which has been done by descriptive-analytical method, shows that the generalities of this law deal with the structures of traditional jurisprudence and Quranic and narrative evidences such as verses and narrations of commanding the good and forbidding the evil, as well as jurisprudential rules denying the mustache and maintaining expediency and respect. The property of the people corresponds Therefore, a legitimate hospital can be effective by relying on experts and supervising the results of global experiences and facilitating the relationship between the people and the government within the framework of upstream laws and documents in order to identify and reduce corruption and even prevention. Jurisprudential principles also confirm the legitimacy of allocating part of the treasury to encourage the return of looted funds from public property. And even higher, this law can create a kind of commercialization in order to prevent administrative crimes. As a result, it seems that this law, with amendments, has the ability to be the founder of an institution to combat and prevent corruption in the current situation in the country.