نشریه پژوهش های نوین حقوق اداری
پیاپی 5 (زمستان 1399)

The penetration of human rights in administrative law due to the intersection of the people's relationship with the government has caused administrative law to be required to comply with rules that are rooted in the observance of citizens' rights in the administration and this has led to the emergence of a new concept of "administrative human rights". Human rights should protect the fundamental rights of human beings in the administration and the rules of administrative law should be under the protection of human rights standards. The purpose of this article is to explain the dimensions of administrative human rights and its examples in the three generations of human rights in a descriptive-analytical way to draw the position of human rights standards in the administration when providing public services or establishing public order by the government and its components. To express. According to the findings of this study, administrative human rights support the rights of individuals in the administration, especially where the observance of individual rights is directly related to the administration's decisions to bring about "good governance", regulate and restrict government power, Guarantee humanity and civil rights and dignity

substantiation of administrative crimes, actions against the perpetrators through administration of punishment, assistance controlling the administrative system, as a result earning the trust of people together with the irreparable damages of these crimes necessitate making special regulations for their prosecution. Differential formal features of criminal policy concerning administrative crimes include criminal organization and jurisdiction, hearing procedure, and substantive evidence. However, some of these differential features such as assigning long prescription for issuing a sentence and prosecution, increasing the scope of complaint or incrimination, appointing a Ministry of Intelligence officer as one of the bailiffs, preferring a charge against somebody, referring the case to higher courts, speed and certainty of hearing, the priority of guilty circumstances over the presumption of innocence, the priority of the principle of freedom of obtaining evidence over the principle of privacy protection, and the priority of the principle of freedom of obtaining evidence over the principle of the legitimacy of the way evidence is obtained inhibit the realization of fair trial principles and guarantees such as the presumption of innocence and rights of the accused including the right to have enough time to be prepared for the trial and the right to go on trial at a proper time. Identifying the differential features of the administrative crimes proceedings within the governing regulations and comparing them with the principles of the fair trial, this paper also addressed the items not covered by these principles and the discriminative approach and made several useful suggestions

Since the elimination of poverty and deprivation is one of the most important issues and concerns of the legal system of the Islamic Republic of Iran and the founding documents, choosing a theory appropriate to this system to eradicate poverty is of great importance. Thus, examining and determining the relationship between the theory of welfare state as one of the theories of poverty alleviation with the legal system governing the Islamic Republic of Iran is an issue that requires serious reflection on the goals and programs governing both, to determine whether the welfare state theory can be deduced from the constitution of the Islamic Republic of Iran or not? And whether this theory is basically compatible with the legal system of the Islamic Republic of Iran? Beyond the failure of the welfare state theory in poverty alleviation from the countries that have used it, by examining the laws and ideology of the legal system of the Islamic Republic of Iran, it becomes clear that Legal coordination required between the theory with our current system does not exist and basically, it can be said that one of the reasons for the failure of solutions based on the theory of the welfare state such as subsidies and ... , due to the discrepancy between the theory of the welfare state and legal order and perspective that rules the system of the Islamic Republic of Iran.

Under Article 139 of the Peacebuilding Constitution, lawsuits on public and governmental property or referral to arbitration in each case are subject to approval by the Council of Ministers and must reach Parliament. In cases where the parties to the dispute are foreigners and in important internal matters, they must also be approved by the parliament. = Article 139 of the Constitution has been cited and controversial on the referral of litigation and disputes by the Iranian government, especially with foreign parties. In the legal system of France, there are also rules for arbitration in government contract contracts. It seems that the French legal system, most of which lawyers believe in the distinction between a public contract and a private contract, and one of the clean criteria of these two treaties, are subject to review and review by an independent legal system in this area he does. Therefore, contrary to what the Iranian legal system is mandated to have, and the general criteria for the award of public contract and government contracts are in the jurisdiction of the General Court, in France, they have benefited from an independent system of jurisdiction. In this thesis, the author seeks to examine the issue in terms of domestic law and comparative rights as well as the same international rules, ie, fiduciars.

Public Sector Ombudsman in Administrative Law System of England is comprised of four institutions, namely Parliamentary and Health Service Ombudsman, Local Government & Social Care Ombudsman, Housing Ombudsman, and Prisons & Probation Ombudsman. Most of the existing literature on the said institutions have exclusively focused on parliamentary ombudsman, to the exclusion of health services. As such, it seems necessary, through examination of the responsibilities of the said institutions, to review the changes that non-judicial investigations (ombudsman) as pro citizen rights institutions in this country have undergone. Although these institutions are directed by individuals appointed by central power bodies, they enjoy significant level of independence from them, to the extent that they can investigate the very public entities that has appointed them. Nevertheless, reviewing the capacities of these institutions, it can be assumed that the most significant function they serve is to inform the public sector with the aim of change or modification of status quo in the administrative system of this country, due to the fact that they do not enjoy effective authorities for execution of their decisions, and some of them may, at most, be able to oblige the institutions subject to investigation to pay damages. Also, despite the fact that the Iranian legal system does not have the institution of ombudsman in the main sense, we can see similarities between British public sector ombudsmen and existing inspection bodies in Iran (such as commission of article 90 of the constitution).

The stock market is currently one of the most important areas of communication and interaction between government and citizens. Citizens who invest in this market expect the government to act in a transparent and law-abiding manner to protect the interests of investors. One of the important manifestations of the government's trustworthy behavior is the prevention and fight against corruption in this area to ensure the dynamism and predictability of the stock market for investors and the country's economy. Prevention and management of conflict of interest in the stock market and securities is the main example of prevention and fight against corruption. After analyzing the rules and regulations in the legislative sphere of the country, we can see examples of norms governing conflicts of interest in the stock market, but these rules and regulations must be developed and include all instances of conflicts of interest. Currently, such as declaration of assets, transparency and disclosure, prohibition of simultaneous employment, prohibition of parallel activities with public duties, prohibition of participation of stakeholders in official decisions, maintaining neutrality, protection of confidential information, prohibition of ownership or ownership of shares Decision-makers and battalion leaders are provided for in the rules and regulations; But this chain can be completed and comprehensive conflict of interest management guaranteed in this area.