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

Since the most important factor in the development of any country is the administrative system of that country and the experts in this field have their own perceptions about how it works, good governance is one of the concepts that has recently been raised in the world arena and has governments on it. So that by relying on this concept and presenting its characteristics in their country, they can find a strong position for themselves among the citizens. Certainly, Iran is one of the countries that is trying to establish good governance and a favorable administrative system, but it has always faced challenges in this field. Governance is one of the very important and at the same time new topics that has been discussed in development literature since the 1980s. has been raised This issue has been given a special place especially in the developing countries in order to establish and institutionalize the civil society in the policies related to the granting of aid. It should be noted that today, governance is considered a successful model for the public affairs of governments. and plays a role in societies. This model has indicators such as accountability, rule of law, transparency and participation, etc. In recent years, governance has become an important issue in public and public sector management, and this issue is due to the important role that governance plays in determining community health. The governance model with the features of accountability, transparency and the right to comment will lead to the formation of an efficient and transparent government. The transparent, efficient and correct government is based on meritocracy and simple and clear rules and regulations.

The administrative system is a coherent and purposeful set of major governmental and state institutions and organizations that operationalize the missions, duties, and programs of the government and state to achieve specific goals. The administrative system covers the management of public affairs in economic, social, cultural, and political dimensions, providing public services and having a broad spectrum. It is a foundation for the development and progress of any society, contributing to the realization of government and state goals and facilitating progress programs if it is healthy, strong, and efficient.
By examining the historical and analytical aspects of existing administrative systems in various countries in recent centuries, three paradigms (or fundamental frameworks) emerge: Public Administration, New Public Management, and Good Governance. The first part of the report provides a general overview of these three paradigms. The characteristics of the Public Administration paradigm, which is largely based on a classical and top-down model, include: the exercise of government authority over all sectors and the geographical scope of the country, the dominance and influence of hierarchical structures throughout the country, uniform regulations and working methods, separation of politics from administration and limiting administration to executive roles and functions, and strict judicial, financial, and political controls in governmental authoritarianism that has not been fully realized as an ideal model in any country. The paradigm of New Public Management can be considered as anti-thesis to the Public Administration paradigm. New Public Management inclines toward the market, downsizing the size of the government, decentralization, outsourcing services to the private sector, and deregulation. This paradigm is based on the market, economics, and applying private sector management and commercial techniques in the public sector. However, the implementation of New Public Management has led to serious issues such as significant harm to the interests of vulnerable groups and low-income groups, a deepening class divide due to privatization of many public goods such as education and healthcare, an increase in service fees in the public sector, labor market adjustment policies in the government sector, and a reduction in government monopolies, leading to corruption and hidden work. These issues have given rise to the emergence of the Good Governance paradigm. In Good Governance, there is a moderate approach from the perspective of absolute government and pure market orientation. Instead, a systematic and balanced thinking is the basis for organizing affairs. In the desired governance structure, the economic, political, and social capacities of the country are allocated and distributed appropriately with fair distribution of political and administrative power and fair distribution of financial resources among the three branches of government. The "government" acts as the helmsman of development, determining the shortest and fastest path to development based on information. The engine that sets the development ship on this path is the entrepreneurs of the "private sector," and these two, in collaboration with the structures of "civil society," will be able to shape the sustainable development cycle. Responsive and transparent financial resource management of the country is stated as one of the goals of social and economic development and the promotion of democratic values, controlling corruption, paying attention to human rights, and accountability. In this paradigm, many of the values of the two previous paradigms have been highlighted and redefined. However, these paradigms and their operational patterns remain ambiguous.

The main goal of the research is to improve the health of the administrative system by identifying corruption points in one of the affiliated regions of Iran Gas Transmission. The research is applied research in terms of its purpose, descriptive research in terms of data collection and a mixed type in terms of method. The study is qualitative in that the interview method was used to identify corruption points and the quantitative sense it was used to analyze the data using the dimtel method. Findings of the research identified 19 points of corruption in the qualitative part and in the quantitative part among points of corruption, 13 points were determined as causal points and six points as disabled points. The results indicate that the identification of corruption points can be used as drivers of improving the health of the administrative system and the main step to control these points.

The right to participate in cultural life, at the global level in Article 27 of the Universal Declaration of Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights, and at the regional level in Article 17 of the African Charter on Human and Nations Rights and Article 14 of the Additional Protocol to the Convention on Human Rights. It has been accepted in the American and Iranian legal system, in the constitution, ordinary laws and even soft law. At the level of international human rights, this right means real and guaranteed opportunities for all groups or individuals to freely express their works, communicate, act and engage in creative activities with the aim of development In Iran's domestic laws, by studying the principles of the constitution and related ordinary laws, it can be said that the said right has two different meanings: the enjoyment and benefit of different individuals and groups from cultural goods that are in the form of various written, visual and audio media. It is conceivable and the right to belong to a specific culture and to participate in its prosperity, which brings up the discussion of subcultures and cultural participation. Today, the issue of people's participation in the administrative system has been accepted as one of the indicators of good administration, participation has different dimensions and one dimension is cultural participation in the structure of the cultural administrative system, examining this right in terms of administrative law is also important.

Protecting the rights of citizens is one of the key and important responsibilities of governments. In this regard, the active presence of citizens in the public arena is necessary to draw the general boundaries of their collective interests and rights, as well as to hold the institution of power accountable. In addition, regulatory and controlling authorities should be available to evaluate the performance of public officials. In such a situation, the concept of good governance becomes important. Good governance theory is an integrated theory that contains principles and indicators for reviewing administrative actions and decisions as well as increasing their efficiency. The present article examines the principles governing the services of the administrative system in the light of the theory of good governance. The research method in this article is descriptive-analytical and the mentioned subject has been studied using the library method. The results of this study indicate that in the administrative law of Iran, in the strict sense of the word, the various dimensions of good governance are not addressed. In many cases, which in a way indicates good governance, insufficient executive guarantees have been developed, and this is one of the shortcomings of good governance in Iranian administrative law. However, in its rulings, the Court of Administrative Justice has paid attention to many components of good administration and has been able to largely address the shortcomings in Iran's administrative law in practice.

One of the most important challenges of any government is to maintain and promote public trust in order to achieve legal order and security and ultimately good governance. Therefore, this article has tried to express the position and importance of public trust in the legal system, the effects of reducing public trust on human security and legal order. Therefore, we have tried to study and explain the issue of public trust and the factors affecting it, in addition to direct factors, indirect factors such as political participation, social trust, domestic and foreign media and the like as elements affecting public trust in governments or trust Let's examine politics. Ultimately, the result of this article has been the concept that in order to create and improve a positive image of government performance in the minds of citizens, government institutions must make their performance transparent; Be responsible and accountable; Provide the ground for public participation of citizens in various decisions and areas of oversight; Reduce systemic and non-systemic corruption (such as bribery, embezzlement, smuggling and money laundering), extravagance and embezzlement to build public trust; The result is the establishment of legal order and security; Be provided.

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.

The right to choose a job is one of the basic rights of individuals, which is also related to other values such as human dignity and the right to self-determination. According to the principles of the constitution, the twenty- eighth principle and the fourth paragraph of the forty-third principle of the constitution imply this right of choice, and the only restrictions imposed on it are non-contradiction with Islam and the public interest and the rights of others. As mentioned in international conventions and declarations, slavery and forced labour are prohibited in the domestic legal system. In Iranian employment law, the principle of the right to choose a job and place of service is considered the right of individuals. Although there are conflicting theories and opinions on the possibility of changing the job and workplace of employees according to managerial requirements, the conflict in exercising the right to change jobs is due to a fundamental difference in understanding the type of employment and manpower and its requirements. However, in this article, an attempt has been made to address the conflicting views on the possibility or impossibility of changing the job and workplace of employees and to analyze the right to change jobs within the existing principles and rules as well as some rulings issued by the Administrative Court.

New public management is a new branch of management that has focused on promoting management science aspects. This idea is based on presenting new patterns to design frameworks in administrative system and achieving a developing administrative law. The main question that was raised and examined in this article is how the capacities and applicable models in the Iranian administrative system can be evaluated in order to apply the new public management model. In the Iranian administrative law system, the new public management doctrine can be seen at both levels of policy making and executive layer. For instance, the emphasis of the General Policies of Article 44 of the Iranian Constitution on the decentralization and privatization of the economy has not only stopped at the normative and regulatory stage, but has been extended to institutionalization. As the Competition Council is a clear example, it is an important actor in the development of new public management and market regulation. The executive level can be seen in administrative regulations, especially the Civil Service Management Act. Also, according to the third principle of the Constitution to creating a proper administrative system and eliminating unnecessary organization, understanding the new public management can lead to structural-normative reform in the Iranian administrative law system.

This research article provides a native model of public oversight with the approach of recognizing situations and the quality of its effect on the health of the administrative system of the country(Iran). In order  to complete some aspects of previous researches conducted in the field of public oversight, The authors used an objective and fact-based approach using grounded theory guidelines, to illustrate some aspects neglected in previous researches. For this purpose, the researchers conducted 15 interviews with the administrative system experts who had both executive experience and scientific records in the field of public oversight and citizen control. After conducting interviews, the main concepts were extracted, consolidated, and analyzed using open, axial, and selective coding methods. Then, based on the goals and questions, and regarding the theoretical framework of the research, the native model of public oversight was provided, with an emphasis on recognizing situations and the quality of its effect on the health of the administrative system, including origins, affecting factors(both destructive and constructive), dimensions and strategies, and outcomes. According to the findings and in comparison to the theoretical basics and research records, all components of the model have been discussed in details. Finally, some applicable proposals have been presented in order to institutionalize public oversight on the administrative system, based on the results and discussions. As a major proposal, some measures should be taken to prevent destructive relationships between civic society and governors, in order to implement public oversight successfully and pave the way to improve administrative health.

Changes in the social and economic conditions of the country and the relocation of labor in different areas of work have made it necessary to transfer insurance records between the Social Insurance Pension Fund, which serves different segments of the work. Transfer from one pension fund to another, either voluntarily or involuntarily, has many implications that can be seen in terms of employees' employment rights and the interests of the bureaucracy. In this area, in addition to legal texts, the review of the rulings of the Court of Administrative Justice is of particular importance. The main purpose of this study is legal analysis of the possibility of changing the pension fund in the Iranian administrative system by looking at the procedure of the Administrative Court of Justice. Due to the special nature of legal studies in this article, a descriptive analytical method has been used. The results of the research show that due to different legal conditions, the transfer of insurance records from one fund to another is faced with limitations and obstacles. Examining the scattered laws and regulations in the field of transferring insurance records and looking at the procedure of the Administrative Court of Justice shows that the main issue in this field is the possibility or impossibility of transferring insurance records. In various texts, what is considered as the initial state in changing the pension fund is a forced change as a result of matters such as changing the service device, and in limited and exceptional cases, the voluntary possibility of change has been recognized. Another important point in this regard is the determination of the person responsible for paying the difference in insurance premiums that are transferred between the two funds, which is doubly important due to its importance. This task is in some cases the responsibility of the beneficiary and in some cases the responsibility of the government. In view of the above-mentioned points, it seems necessary for the legislator to adopt a unified procedure regarding the transfer of insurance records in a way that solves the problems of the insured and the funds.

Today, governments alone can not create a role for the effective management of society, and in this regard, the role of citizens as key players in the political and administrative affairs of societies is very important and such a significant role for citizens needs to empowerment them to create new values, Institutionalize citizen participation in policy-making and decision-making at the level of national and local communities. Therefore, the main purpose of this study is to explain the main and organizing themes of citizen empowerment. For this purpose, the basic themes of empowering citizens were counted from the text of upstream documents of the Iranian administrative system, including the Constitution, the Charter of Citizenship Rights, the Civil Service Management Law, and the Fourth, Fifth, and Sixth Development Plans Law. Each of the main themes was explained and then the main themes were assigned to an organizing theme. According to the problem of the present study, the strategy of thematic analysis was used and since in this study we are trying to discover the themes of empowering citizens, the purpose of the research is exploratory and the method of data collection is through study and review of documents. According to the data analysis, 154 initial codes, 38 main themes and eight organizing themes were formed and the research findings were presented in the form of a conceptual model that shows the network relationship between different themes. The results indicate that the empowerment of citizens has multiple dimensions and in order to improve and increase citizen participation in public administration, these multiple dimensions in economic, social, legal, political, environmental, cultural and administrative policies should be considered by policy makers and Public Managers.

One of the main features of legal rules is having a sanction, and without a sanction, they lose their effective function. If we consider the implementation of citizenship rights rules as a subset of public law to require effective sanction, we must seek government adherence to these rules among its enforcement guarantees, because sanctions are a response to violators of legal rules that include various types of criminal sanctions. The main areas of realization of citizenship rights are the government and the field of public services. Examples of citizenship rights in the administrative system specifically refer to the eleven titles mentioned in Article 2 of the ratification of the Charter of Citizenship Rights in the Administrative System. Almost nowhere in the penal system are criminal guarantees explicitly mentioned against these eleven cases, but by carefully examining the concepts of the mentioned rights on the one hand and various studies in criminal law on the other hand, the cases can be reconciled. In this way, he discovered and clarified the criminal sanctions. The purpose of this article is to study the criminal sanctions of citizenship rights stipulated in the resolution of the Supreme Administrative Council regarding the Charter of citizenship Rights in the administrative system. The research method is descriptive-analytical with the library method. The available results prove that the Charter of citizenship Rights in the administrative system have several criminal sanctions that emphasize the performance of the duties of the government and the judiciary in this area.

The purpose of this study is to identify and rank the indicators affecting the health of the administrative system with the fuzzy Delphi approach in the courts of the northern provinces. Due to its nature; It is descriptive and according to the defined goal, it is of practical type and based on the method of doing it, it is a survey. The research community consists of selected experts and university professors in the field of administrative health system. Data collection tools are interviews and questionnaires and fuzzy Delphi technique has been used. In total, a questionnaire was sent to 50 identified experts and university professors. To determine the sample size, the census method was used, so the number of sample size was 50 and the research sampling method is judgmental sampling and snowball sampling. Achieving the objectives of the research, using the fuzzy Delphi method in identifying 37 main factors affecting the administrative health system, weighting the factors or criteria of the proposed model and classifying them into four general groups: intra-organizational, behavioral, external and environmental. The results of this study can be used as a criterion for assessing the health of the administrative system of justice in the northern provinces and help human resources and organizational behavior experts in the process of pathology and improvement of the current situation.

The social security system of countries is the field of activity of numerous institutions, each with a specific purpose in this system. In this system, retirement funds should be given special attention because any disturbance in their performance may undermine the right to social security in its special meaning (i.e., social insurance). However, despite the importance of international documents on the role of retirement funds in achieving social security, these institutions are struggling with many problems in the social security system of Iran, so that over the past two decades in Iran, the financial crisis and bankruptcy of the retirement funds are discussed and the reasons for it are expressed. This article has been formed from three separate sections that are trying to review and specify the most important structural problems related to retirement age and the supervision of retirement funds and the independence of these large financial institutions. Finally, legislative solutions are the best way to come over the problems in this field.

Protecting the rights of people and administrative integrity is one of the most important axes of the roadmap for reforming the administrative system, which has been developed in order to achieve a better administrative system. In order to operationalize this, the law of citizenship rights in the administrative system after the approval of the Supreme Administrative Council has been implemented since the beginning of 1396 in the administrative system. But it has faced challenges in its implementation. Therefore, the purpose of this study is to analyze the challenges of implementation the law of citizenship rights in the administrative system. This study was carried out with a qualitative approach and the data needed to conduct the research through interviews with experts (managers of the inspection and evaluation offices of the executive headquarters, departments of development and human capital management of the Provincial Management and Planning Organization and some of the experts of this Field) has been collected. Sampling was done through purposeful sampling and data analysis using the theme analysis method. Based on research findings, 37 factors were identified as challenges and were classified in 5 general challenges (administrators, structural factors, process factors, underlying factors and citizens.

In this essay, we are trying to illustrate that the bureaucracy in Iran lacks the necessary qualities and, naturally, the proper capacity to enforce the laws governing institutional reform. In fact, it seems that, because of the inability of the bureaucracy mechanism, the aim of legislator to approve a set of rules to amend the "institutions" and, in general, the "institutional system", is not to come to an end. In this paper, describing the features of bureaucracy, we explained that the lack of the essential characteristics of the bureaucracy is one of the main obstacles for enforcing the law, and consequently, the establishment of the rule of law in Iran. It has been explained numerous evidences and examples to approve this hypothesis. The most important features of a powerful bureaucracy to implement the law are: (1) integrity: in particular, institutional concentration; (2) conductivity: means the ability to transfer the effect of macro policies to micro levels; (3) coordination: trying to make the decisions and act in harmony in all departments to enforce the law; (4) accountability: as a tool to answer and explain the actions and decisions of an individual or authority to another authority or institution that is required in conjunction with legal, political, and administrative matters. Regarding the numerous evidences and examples, policy makers and legislators need to attend to the bureaucratic capacity of the country in implementing and enforcing the laws in a more realistic manner, considering the capacity of the bureaucracy, in drafting and approving policies and laws.