جستجوی مقالات مرتبط با کلیدواژه "مبارزه با فساد" در نشریات گروه "فقه و حقوق"

Legislative transparency is one of the main elements of the rule of law, which is considered the main factor in preventing and fighting corruption. The purpose of this research is to examine this concept in the framework of Iran's legal system and international law. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The findings of the present research show that the mechanisms of legislative transparency in international documents have not been defined in a coherent and precise manner, but to determine its examples and scope, it is necessary to refer to the internal procedures of the states that are customary in the international law space. It has been recognized internationally.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Transparency in the framework of the international law system is closely related to fundamental human rights, therefore, some examples of legislative transparency mechanisms in the space of international law are authoritative. But in the internal law system, the mentioned mechanisms are under normal laws and at the base of the pyramid of normative hierarchy.

whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, promote transparency and public trust, encourage prevention and fight against corruption, pay attention and focus on criminal policies. Participation has increased as a legal tool to encourage and support whistleblowers and strengthen whistleblowing. Iran's legal system took its first step in this field by offering financial support to whistleblowers, but its action is only based on the support aspect. Therefore, in an efficient and systematic manner, it has not been able to use the functions and capacities of the collaborative criminal policy in relation to the disclosure of corruption as it should and deserves; Because the use of collaborative criminal policy capacities requires other efficient and systematic legal measures and platforms. For this purpose, the current research, based on descriptive and analytical methods and based on library sources, concludes that the use of collaborative criminal policy capacities with the fundamental and fundamental challenge of the lack of measures and criteria for determining the scope of the whistleblower, the scope of the whistleblower, the method of whistleblowing is to protect the whistleblower, which is neglected in the mentioned plan. In this regard, the present research, while explaining and analyzing the challenges facing the legislator, in the light of the solutions adopted by other leading and pioneering countries in this field, provides measures and criteria to overcome the challenges. It helps to facilitate the legalization of corruption disclosure in Iran's legal system.

Prevention of corruption in political-legal systems is one of the important issues that has been the attention of writers and thinkers for a long time. One of the important solutions that has been noticed in recent years is moving towards a good governance model. Clarification of opinions and negotiations of legislative bodies, including the Islamic Council, the Council of Ministers, experts, the Supreme Council of the Cultural Revolution, etc., are among the indicators of good governance; Therefore, in the present study, the investigation of transparency in the legislative process will be discussed. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The issue of the acceptability of laws in a society by its audience is one of the results and consequences of transparency in the legislative system. The more transparency is applied in the legislative process, the more the public will understand the concerns of the legislator.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. In fact, the common point of the aspects of transparency goes back to "prevention of corruption in the legal system". No matter how clear the text of the law is, there is practically no room for abuse of the law in the implementation phase. On the other hand, transparency in the process of approving laws and the actions of the representatives makes the aforementioned people exposed to public opinion and the resulting evaluations. As a result, practically, both aspects of transparency provide the means of strengthening each other's final goal.

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.

Today, corruption is considered as one of the main challenges to realization, development, and protection of human rights and fundamental freedoms. Corruption not only leads to discrimination and lack of  equality, it also seriously threatens the rule of law as the backbone of democracy. Corruption intensifies the distance between the state and the people. It also intensifies citizens’ dissatisfaction. The states’ commitment to observe fundamental rights and freedoms provides the conditions for citizens oversight of the states’ activities. Moreover, enhancing the rule of law and placing the state in its rightful position as the supervising institution will increase the state’s authority and strengthen national sovereignty. In the process of combating corruption, factors such as public participation, a strong civil society and raising public awareness, are crucial. The states’ lack of commitment to fundamental rights and freedoms undermines public trust, and makes it impossible for citizens to control the state. In this study, conducted by descriptive-analytical method, we intend to prove the  hypothesis that observance of human rights and respect for the notion of fundamental freedoms of citizens by the government,  is the most effective tool for fighting corruption.

Conflict of interest is one of the situations that can lead to corruption. In order to manage these situations and deal with its adverse effects, several strategies have been used in various fields. This study is trying to answer these main questions: does managing conflict of interest situations require independent legislation? And how can the law help manage these situations? The present study is analytical in nature and, by collecting the required information through the library method and examining the experiences of other countries and legal doctrine, has reached the conclusion that situations of conflict of interest have grounds for the emergence of person-centered and structure-oriented. Person-centered contexts are largely similar, with the adoption of general and comprehensive laws that can help control this part of the conflict of interest. On the other hand, the areas of conflict-oriented structure due to the structural differences of each institution with each other, require special attention and the adoption of case-specific laws. Adoption of the bill "How to manage conflicts of interest in performing legal duties and providing public services" can largely cover person-centered issues of conflict of interest. It can almost respond to the need to manage conflict of interest situations in Iran but in specific areas, special attention and the adoption of special laws is necessary.

In this article, after explaining the concept of "conflict of interest management", with reference is made to its application in Iranian legal system. Then, Different verses of Quran, hadiths and jurisprudential theories that can be used in managing conflict of interest have been analyzed. In the following, by giving some objective examples of conflict of interest in the Public Affairs management, And by review the situation of the Iranian legal system in relation to conflict of interests management, a report is presented on the legislative measures in the form of a bill proposed by the government or a representative plan on conflict of interests. There is ambiguity or legal gap in this regard, and therefore in the thirteenth presidential election, we see at least three clear examples of violations of the philosophy of conflict of interest, which has emerged by observers and executors; These three examples are: Conflict of interests arising from the relationship of kinship - Conflict of interests arising from the relationship between the nominee and the elected - Conflict of interests arising from the two supervisory and electoral roles of the other candidate.

Corruption is a complex abnormality that weaken the democratic institutions and can marginize Good Governance. Combating corruption is one of the most important factors for establishment Good Governance. Actors such as government, private sector and civil society have function in combating corruption but between the mention actors the role of civil societies is very effective and efficient in compare with mentioned actors. This study uses analytical – descriptive approach to analyze the role of special civil society in combating corruption in two countries, I.R. of Iran and Philippines.The findings of this study indicate that in the Philippines, specialized civil societies and nongovernmental organizations such as the "Citizens Concerned for Good Governance Establishment", "Entities for Government Procurement and Procurement", "Accountability and Transparency Network" and The Association of Thousands of Christians in Government are civil and non-governmental organizations active in the fight against corruption in this Southeast Asian country. At present, the fight against corruption in the Islamic Republic of Iran and its decision-making on prevention and combating it is carried out solely through the institutions of government and in parallel, though it has delegated its responsibilities to civil society organizations. But in terms of behavior compared to the Philippines and other countries, such as Singapore, which is much higher than the two countries mentioned above, there is a great gap between the specialized anti-corruption bodies and not only the such institutions have not established.

By joining to “UN Convention against Corruption”, Iran has obliged to improve the competition in the government procurement regulations. Nonetheless, the Iranian regulations on government procurement have not yet been challenged.
In the current essay, first, researcher through the competitive study of “UNCITRAL Model Law on Public Procurement (2011)” and “WTO Agreement on Government Procurement (2012)” which are significant samples of international practices in public procurement, presents the factual global standards for government procurements. Then, after comparing them with “Iranian Tendering Act” and relevant directives, the researcher has gotten the point that Iranian regulations require improvements although there are some positive aspects. These modifications consist of some literal changes on the titles, subjective attitude to government procurements, inclusion of service purchases, considering the intellectual property rights and excluding continues and previous purchases from the procedures aiming to increase the competition grounds and harmonise with international standards while giving a solution to the current necessities of the country.

The process of reporting an illegal occurrence in a structure is called whistle-blowing by the person in the same structure or outside it. The whistle-blowing is divided into different types depending on who does it and direct communication with Corruption or a fraudulent act. Although not widely used in the legal literature of the world, it has a rich history in the fight against economic and administrative corruption in terms of the performance of the person doing it. Today, whistle-blowing has received the attention of many lawmakers in the countries. And domestic legal systems and numerous laws have been enacted about that. Providing a precise definition of whistleblowing and revealing its nature regarding its evolution from the past to the present, as well as its relevance to modern journalism activities and evaluating the benefits of whistleblowing compared to other costly methods of discovering economic corruptions while examining the legal systems of selected countries and the strengths and weaknesses of existing laws in Iranian law is The Noteworthy of this Research.

This article examines and compares the role of constitutional courts in limiting executive power in France and Brazil. It analyzes the structure, jurisdiction, and powers of the French Constitutional Court and the Brazilian Federal Supreme Court, exploring the political and social impacts of their decisions. The comparative study reveals that both courts, despite their structural and jurisdictional differences, have effectively maintained the balance of power and prevented the concentration of executive authority. In France, the Constitutional Court primarily focuses on reviewing laws and international agreements, upholding human rights and democratic principles, while the Brazilian Federal Supreme Court is recognized as an active institution in combating corruption and overseeing executive actions. By analyzing key decisions of these courts, the article assesses their social and political effects and concludes that both courts have effectively contributed to limiting executive power and preserving democracy in their respective countries, considering their unique political and social contexts.

Prevention and management of conflict of interest in the judicial system is one of the ways to reduce corruption in it and in the whole of the political-administrative system. Often, different countries anticipate and control conflicts of interest in the justice system. The countries of the Islamic Republic of Iran, the United States and the United Kingdom each have some laws and regulations in place in their legal system. By comparing the three countries above, it can be concluded that given the early identification of the concept of conflict of interest in the United States and Britain, and as a consequence of the drafting, adoption and enforcement of these laws against Iran, the conflict of interest in the judicial system of these countries has been decreasing and Judicial and public officials have also had a great deal of interest in managing conflicts of interest by knowing and understanding this issue. But in our legal system, an independent concept of conflict of interest has not yet succeeded in finding its proper place in the laws, and as a result we have not witnessed a significant process of managing conflicts of interest in the judicial system. Nonetheless, disparate laws and regulations that involve preventing and combating conflicts of interest have failed to provide effective management of conflicts of interest in the absence of some of the key elements in managing conflicts of interest, such as declaring assets or supporting effective disclosures. The lack of comprehensive legislation and the effective and transparent implementation of existing laws also add to the problems of conflict management in the justice system.

When students mainly conducted democratization movement in the 1970’s and 1980’s, special civil society's or citizen groups mainly led anti-corruption motions from 1989.  This study using analytical – descriptive, analyses " The Role of Civil Society in Combating Corruption in South Korea with consideration UN Convention against Corruption.  The result of this research shows that Citizen Groups, civil society and NGOs  played crucial role as a supervisor for national election campaign monitoring, national budget monitoring, and business monitoring. Citizen groups also cooperated in a close manner with the government when the latter showed their sincere will and invited them to operate together. Although many reform proposals of civil society have been accepted and executed by the government and partnership between the civil society and the government has developed, Korea still has a long way to go against corruption. This article seeks to explain why and how civil society such as "Coalition for Economic Justice (CCEJ)"People’s Solidarity for Participatory Democracy (PSPD)" and others came to play an important role in anti-corruption reforms. in addition it considered expected role of civil society in the future in Korea, and whether and how civil society can play a similar role in other developing counties.

Spread of the economic corruption has put political stability and economic development of countries at risk; the impact of this phenomenon is only not limited to national societies, but also threatens the financial health of commercial and economic relations at an international level. The United Nations Convention against Corruption (UNCAC) is a comprehensive instrument in this field. Iran is a party to this convention and has taken various executive and legislative measures at the national level to organize the fight against corruption. Among all these measures, preventive measure are particularly important and if paid enough attention an acted upon, they would decrease the political, social and economic costs of law enforcement and punishment after corruption. This article, considering the second chapter of UNCAC and national laws and regulations, has reviewed appropriate preventive measures for each of the legislative, executive and judicial pillars of Iran and anticipated possible positions where corruption might happen and capacities to prevent it. Studying the Anti-corruption measures, it seems that the capacity for public participation in the fight against corruption has been neglected. Raising public awareness and proper release of information on laws, procedures and practices, protecting NGOs, supporting public participation legally and proper reports within rules, are measures that could speed up the anti-corruption movement and increase its efficiency and effectiveness.

In every society, power is deemed as an essential element for securing and maintaining sovereign governments worldwide; however, human history shows where it is not laid under control and supervision, in the absence of unaccountability to members of society, there is a likelihood of its inclination towards abuse of power and corruption. Meanwhile, even so the government structure may well be assumed as democratic, maintaining constant supervision over its various constituent elements and divisions is a prime objective destined, within a legal framework, to be achieved and that it requires efficient supervisory vehicles in place as to carry out duties of such grave importance. Notwithstanding that, it is a duty assumed primarily on judicial bodies to fulfill, prevalent complexity and bureaucracy in mazy aisles of courts coupled with lengthy proceedings therein, compelled some states establish organizations delegated to deal with complaints brought by people through non-judicial fast and brief process. These organizations were termed “Ombudsman” or non-judicial supervisory institutions. Nowadays, Ombudsman-providing the public with convenient non-judicial mechanism, through which their complaints against government are heard - is considered as an indication of political development and an inalienable part of effectively protecting basic rights of citizens living in democratic societies, to such extend that one may argue that the notion of a democratic and developed nation may not realize without independent and efficient Ombudsman in place. Indeed, by striking a balance between the interests of the people and the government to which they are nationals, Ombudsman function as powerful mean laying down the necessary foundation for realization of a favorable democracy. Accordingly, given their superb functionality and potentials, Ombudsmen may well serve the vital purpose of developing and institutionalizing a democracy by reinforcing its fundamental principles and satisfactory addressing of citizens grievances or petitions which may arise as a result of government wrongdoing. Adopting a question-oriented approach and through a descriptive-analytic method, this paper attempts to examine the relationship between democracy and Ombudsman as a non-judicial supervisory establishment; and respond to the questions of how and by what means may it globally contribute to development of democracy.