نشریه حقوق اداری
پیاپی 24 (پاییز 1399)

Fourth and one hundred and seventy-seventh principles of the constitution have considered the guardian council and the administrative justice court as the authority to monitor the legal aspect of administrative regulations. However, there is no specific provision regarding the supervision of the legal aspect of the decisions and case actions of government units and their agents.
Meanwhile, although according to Article 122 of the law of the Administrative Justice Court, cases of silence in this law have been referred to the Code of Civil Procedure and the Law on Enforcement of Civil Judgments, it is not clear, in the case of silence of above laws, whether the judge of the Administrative Justice Court can issue a verdict based on credible Islamic sources or credible technology and legal principles that are not contrary to Islamic law such as criminal cases (subject to Article 167 of the Constitution) and civil lawsuits (subject to Article 3 of the Code of Civil Procedure) assuming that the relevant laws are not complete or explicit, or that there is no law in the cited case. Or, in case of a discrepancy between the case decision of the administrative official and the legal provisions, should the judge inquire the matter from the jurists of the Guardian Council? In order to analyze above hypotheses by relying on the descriptive-analytical method and by examining the cases of the judgment procedure in the branches of the Administrative Justice Court, in this article we have reached the general approach that despite important legal gaps in this issue, it is possible to cite legal provisions and Jurisprudential rules during the investigation of lawsuits cited in the branches of the Court of Administrative Justice.

According to section 2 of the 10th article Law on the Organization and Procedure of the  Administrative Justice Court the judicial supervision on the verdicts of quasi-judicial courts is delegated to Administrative Justice Court  . In this article, this question has been addressed that, considering the variety of the organizational structure of the quasi-judicial institutions, how would analyse the limitations and the scope of jurisdiction of Administrative Justice Court In proceeding the appealing of the votes of these authorities ? The considerations revealed that, regardless of the presence of a judge in the quasi-judicial court, supervision on the quasi-judicial institutions is delegated to The Court, unless The Court is restricted by the law. Therefore, the uniformity decision No. 170 of the general committee of The Court that dismises The Court of processing the complaints on the verdicts of the board of directors of The Court of Audit and its appeal court, is in contradiction with rules

Public power in Iran has been entrusted to those institutions which are exist in constitution and laws. Moreover the other exquisite ones that are established by other norms, enjoy public power too, such as Supreme Councils of the Cultural Revolution and the cyberspace. These institutions have almost certain tasks in their establishing foundation. Generally these tasks come from the concept of policy-making. Given the creating norms by these institutions, oversighting them to ensure the norms hierarchy is inevitable.  In Iran after a lot of arches, the bill of amendment of administrative justice court has recognized, under certain circumstances, the oversight on these enactments to ensure that they are within the policy-making framework. In this research, we have explored the concept, features, and levels of policy, and We have made clear the limits of the policy-making of these councils until the limitation of judicial review on the enactments of these institutions will be clear. On the one hand, we have mentioned some of the cases of these councils and realized from their evaluation that in many cases, these councils have not been committed to policy-making framework and have entered the limits of law or regulation. The latter proposition further reveals the need for judicial review on these councils.

Identification and documentation of immovable properties provide ability to monitor, distribution, appropriate use immunity in addition of maintaining. The case study is government unsuccessful in identifying and issued these properties’ deed despite legal obligation. Today, the tangible effect of not identifying government property beyond the realm of administrative rights has spread to the economic, social, and cultural spheres, and perhaps its construction is in the context of administrative law. The purpose of this article is finding the reasons of non-recognition and non documentation of government properties assets and provide a constructive and effective solution for increase current situation to eligible situation. Article explain the influence of laws and regulation an role of structure and other factors involved in identification and documentation of immovable properties with descriptive and analytical tendency. Findings indicated that for adjudication and acts of ownership on asset properties, government should correct some rules, structures, and process to identify and operators or representatives of the government must take decisive action to enforce the rights and exercise of state ownership of state property and take a fundamental step towards proposing amendments to certain laws and regulations and, in some cases, reforming structures and processes be recorded and documented.

The present study attempts to examine the evolution of the legal concept of media to answer this important question in the field of media law. The Press Law  and its downstream regulations have been able to update the legal system in line with the rapid developments in ICT and the comprehensive media law in Iran, the adequacy of this research. Recent, testifies to the feasibility of a single and community law for the legal and penal provision of traditional and new media, although the latest initiative in the preparation of the "New Press and News Law Bill" - approved by the Council of Ministers and ready to submit. Parliament has become - of a kind of rollback media rights system suggests that if final approval, because  virtual remove from the law, the rules governing the media

Often an agreement is contracted between a physician, notary or other individuals in possession of a professional and exclusive license, and another party, based on each of the parties benefitting from a specific share of the profits, such that the other individual pays the purchasing or renting expenses of at least a portion of the workplace, and is compensated by partaking in the revenues. In a theory by the High Council of Taxation, these types of contracts are not regarded as civil partnership and not liable for the article (101) sub-clause (1) exemption. Based on studies conducted for the present article using the library approach and an analytical-descriptive method, it was found that according to article (571) of the civil law, the mentioned contracts are considered civil partnership, thus the aforementioned individuals are liable for the article (101) sub-clause (1) exemption. It should not be inferred from the definition of article (571) that "common ownership" is not achieved in similar cases. On the other hand, the sub-clause 1 of article "101" is an exception of the principle below, which has been specified in the mentioned article; "Payerchr('39')s income obtained from a section of the revenues of occupations is exempt from payment of taxes to the extent of article 84 exemption. " Therefore, assuming that the aforementioned activity is not considered civil partnership, according to the principle mentioned above, all payers should be granted exemption, and not just one party be liable for exemption.

Good governance, as an important element in the development discourse, strengthens the legitimacy and health of the political system by providing conditions. Indicators of good governance are used today as a measure of governance in different countries of the world. According to statistics published by the World Bank in 2019, good governance in Iran is not in a good status; while public human resource management policies and practices have more potential to influence the indicators of good governance. A critical review of Iranchr('39')s public human resource management indicates that there is a strong need for services in this sector. Accordingly, the main question of this research is: What is the model of Iran’s public human resource management in order to improve the indicators of good governance? This study aims to increase the participation of human resource management policies and practices to play a role in strengthening public institutions and their performance, improve the good governance and develop existing literature in the field of public human resources management. The model is designed based on good governance model with a multi-grounded theory approach, using semi-structured interview tools. Experimental validation has been done by qualitative methods of member analysis and theoretical pluralism of participants. Participants in this study include executive and scientific experts in the field of good governance and human resource management in the public sector of Iran and theoretical (purposeful) sampling has been used. Findings show that in order to improve the indicators of good governance through human resource management in the Iranian public sector, should insist on five basic factors: supportive structure, development, control and supervision, ethics management and meritocracy in human resource management processes.

In administrative proceedings similar to criminal and civil proceedings, the issue of obtaining evidence is raised by the court. But the courtchr('39')s argument is contrary to the principle of impartiality of the judge. Therefore, the analysis of that debate is as important in administrative proceedings as in other proceedings, and these important questions are raised.
is there evidence in all administrative proceedings and if the reason is obtained illegally. What is the enforcement guarantee in administrative proceedings? The result of the research indicates that in administrative administrative proceedings such as labor proceedings, the principle is that the administrative judge is not allowed to study the reason. However, in administrative proceedings to investigate violations, such as administrative violation review boards, the judge has an efficient role in obtaining evidence. In the jurisprudence of the Court of Administrative Justice and the laws and regulations related to administrative proceedings, the principle of invalidity of reason that has been obtained through illegality has been dispersed. This article uses analytical and descriptive methods to analyze the principle of legitimacy of evidence in administrative proceedings with the aim of drawing a legitimate system of evidence in this type of proceedings.

Special administrative courts or quasi-judicial authorities are one of the recognized courts in Iran. Despite the large number of these specialized courts in Iran, a coherent legal system has not yet been established for them. Student Disciplinary Committees are one of these courts set up in universities to deal with student misconduct. In 1398, a procedure for these committees was signed and approved by the Minister of Science, Research and Technology and the Minister of Health, Treatment and Higher Education, in which an attempt was made to have a coherent judicial system. This article seeks to investigate the question of what are the most important drawbacks of this method by descriptive-analytical method. Violation of the right to education, disproportion between punishment and misconduct, integration of criminal law and administrative law, non-observance of some principles of fair trial are the most important drawbacks of this procedure.

One of the most important problems in every political, administrative and legal system is to creative planning system in order to accomplish defined objectives of government and calculate income and expenditure of that country. One of  the most important objectives of modern governments that is to say development can be achieved by creating enormous plans for that country. Iran has nearly a half century planning record and its first backgrounds date back to the first Pahavi era. Abolhassan Ebtehaj was the person who entered planning system into a new stage in Iran and his name has been blended with plan organization and his measures can be analyzed from different view points including legal. The main question of this paper is that: what are the most important Ebtehaj’s measures in the structure of Iran planning system from the view point of administrative law? What kind of legal effects did his measures have? What changes did planning and budget organization face during his period? In this paper has been tried to study his measures through judicial analysis by using historical and analytical-descriptive was used. The most important research finding include: firstly, he knows office as a modern institution, based on the values of modern office. Secondly, his measures plan to recognize principles of administrative law, especially principle of equality, expertise and transparency. Thirdly, bureaucracy and structural changes that made in planning and budget organization led to practical results which studied in the text.

Article 139 of the Constitution on the referral of public and state disputes to arbitration has been provided for with the intention and purpose of protecting public interests and interests. But in practice, as well as because of changing conditions governing investment and economic transformation, it was understood, over time, that the he procedure is hindrance to economy and investment and order in arbitration, especially international arbitration. Therefore, in the absence of a commentary by the Guardian Council, the doctrine and jurisprudence have made extensive efforts to align Article 139 of the Covenant with practical needs and circumstances. One question is what is the place of "good faith principle" in the interpretation of the referral of public and state property to arbitration? And whether the principle of good faith can make a dialectical balance between the need to comply with Article 139 and the governmentchr('39')s compliance with international and national obligations in arbitration agreements?