نشریه حقوق اداری
پیاپی 26 (بهار 1400)

The cryptocurrencies are divided into two general groups. Some of these currencies are mined from decentralized platforms by miners and others are produced by the sovereignty of countries and marketed in monetary markets. These currencies are considered to be literal in accordance with the principles of the EU legal system, but the title of these instruments in the Iranian legal system has many interpretations. Implementation of these tools in the legal system with fundamental rights of the community including financial crime, identifying the perpetrators and negative effects on the economic index and fundamental rights of individuals including freedom of communication, protection of private information, violation of community rights and freedom of information transfer in harassment is. The removal of such conflicts will require some legislative policy, including the validation of virtual currencies, the formalities for licensing and exchange of such currencies, the exploitation of digital signatures and the resolution of legal and administrative disputes, including the proper and proper supervision of law enforcement authorities.

Carelessness in actions related to the various stages of dealing with cases of administrative violations will prolong the cases and cause material and moral damages to organizations as well as individuals. For this reason, it is necessary to examine the causes and roots of the factors that play a role in the process of handling cases of administrative violations. The purpose of this study is to identify and classify the damages in the process of dealing with administrative violations of employees. This research is qualitative in nature and uses content analysis and descriptive-inferential techniques. In order to identify the damages, 500 cases of violations were investigated. The result of this study was the identification of 70 damages in this process. A questionnaire was then prepared and provided to 15 experts. Finally, 32 damages were identified and confirmed as damages in the process of handling administrative violations in the form of three main categories  including structural, content and context. The damages are in the structural branch, doctrine and laws, in the content branch, moral and spiritual, and in the context branch, social status.

The history of tort law goes back to the far past, but social security in its modern sense is the result of the recent economic and social changes and necessities.  At the same time, it may be an interference between the two systems regarding to personal losses.  four different solutions can be imagined in this regard: 1.   Cumulating of Social Security Benefits and tort recovery, 2.  Full replacement of tort law by Social security, 3.  partial replacement of Social security 4.  Interplay between tort law and social security law.  In this regard, it will be argued that, firstly, in terms of legal policy, the adoption of which of the above approaches by the legislator will be more efficient and fairer, and secondly, according to the current rules of the law, which of these approaches has been accepted.  In short, it seems that the third option is more efficient and more equitable and in Iranian law, though in practice because of a misinterpretation of the current provisions, the first solution is applied.

The city is present as a dynamic and alive unit in the community, and urban issues are among the main concerns of policymakers, legislators, and executives managers, and there are also interdisciplinary efforts to organize it in academic communities. One of the basic strategies for city decent management is decentralization, which itself has the basics and principles that are being studied in different disciplines. From the principles of decentralization that has been neglected, the principle of urban unity can be named, which can have many effects in optimizing urban management. This principle has not been taken seriously so far and all attempts to implement integrated urban management have not been completed due to reasons such as the lack of recognition and acceptance of the principle of urban unity. It seems that first of all, there must be a consensus on the concept of urban unity, and then the effects and results of this acceptance are shown in the urban management plans. Accordingly, the city should be considered as a single legal personality, which is itself a party to the right and obligation, and then knows its capacities and solves its problems; Otherwise, if we do not see the city as such, putting management policies into a fragment  city is not beneficial. Fragmentation in urban management is due to the fragmentation of the city and this cause which there is no sensible and logical look at the recognition of issues and urban damage. Urban decent management requires a new look at the principle of urban unity.

The growth of functions of government and the resulting socio-economic developments have made it increasingly necessary to recognize the techniques of the administrative law. Meanwhile, the study of "competence" as one of the key concepts of administrative law that determines the scope of action and activity of the officials, is more substantial. In the former studies, this concept is mainly divided into obligatory and optional branches, and the optional, diagnostic (emblematic) and selective competencies were used in the same way in contrast to obligatory competencies. The present study, however, demonstrates that understanding and analyzing the legal impacts of the authority of public officials and enhancing the quality of judicial oversight over them entails recognizing the concept of diagnostic jurisdiction and separating it from the scope of optional and selective jurisdictions. Also, Article of theAdministrativeJustice Court Act indicates a special mechanism for judicial oversight of the diagnostic competence of administrative officials and authorities. According to the authors, this type of competence should be explained in terms of the limits of freedom of action and the scope of election of the administrative official under the obligation competencies of the administration. Therefore, the present article by using a descriptive-analytical method, first argues about the need to separate and recognize diagnostic jurisdiction from voluntary or selective jurisdiction, and then evaluates the Articles and of the Law on the Organization and Procedure of the Court of Administrative Justice in order to determine the requirements of judicial oversight of the diagnostic jurisdiction of specialized administrative authorities

Analysis of the global environment of the oil industry and its developments shows that the oil industry remains an essential part of the world energy and economy; But in a different environment and changed characteristics; That is, an industry with different technologies, challenges, requirements, opportunities and actors that therefore need to be recreated in the business model of the current actors and their corporate governance model in order to adapt to environmental changes. One of the fundamental reforms needed by the National Iranian Oil Company in order to adapt to the new environment is internationalization. One of the first steps towards internationalization is the adaptation of laws to market conditions and the world of the oil industry. The purpose of this study is to develop a framework for legal barriers to the National Oil Company in the direction of internationalization based on the qualitative data method of the foundation; After analyzing the interviews, the final framework was developed. Findings show that the formal interpretation of the law, dispersion in the law, legal vacuum and non-implementation of the law, are the main legal obstacles facing the National Iranian Oil Company in the direction of internationalization. Internationalization will have consequences such as access to networks of international capabilities and technology transfer, the power to influence international political-economic relations, and the development of various capabilities resulting from international activities.

Insurance is a kind of service and like all goods and services, it has a market, However, due to its special features, the insurance market includes three pillars: buyer, seller, and regulator. In fact, regulation and supervision are two simultaneous concepts, in order to identify the cases in which the market fails, , Is used to control the deficiencies caused by the mentioned cases . Therefore, the present article seeks to answer the question of the importance of regulating the insurance market by the government with a descriptive-analytical method. What tools and methods are used to regulate insurance in Iran? And have they been able to lead to proper and efficient regulation and supervising of the market? However, each government, depending on its conditions and facilities, uses methods and tools to regulate and monitor the insurance market, In the Iranian insurance industry, the method of command and control and subsequent tools are used, which is considered to be one of the most basic and oldest methods and tools And developed countries that have leading insurance markets no longer find this method useful and do not use it And due to the privatization and liberalization of the insurance market in recent years, it seems that the applied methods and tools lack the necessary efficiency. And it is necessary to make changes in this field by changing the laws and regulations.

Passing low-quality laws, especially laws that are not implemented or at least incompletely implemented, is one of the most important problems of the legislative system of the Islamic Republic of Iran. One of the usual measures for improving the quality of the law, which has been implemented in many countries, is to carry out the process of "Regulatory Impact Assessment" (RIA) before (ex ante) and after (ex post) the enactment of each law. Base on the valid law and procedure in Iran, there is currently no legal obligation to ex ante RIA. In this article, in addition to explaining the competence of the executive branch to carry out the process of ex ante RIA, by mentioning some successful examples, some considerations have been made which needs to be  considered at the beginning of this process; These considerations include initiation of law based on bill, exercising caution not to fall into the "Capability Traps" including "isomorphic mimicry" and "premature load bearing", and the necessity of phasic performance of the RIA process.

The  connection  between  constitutional  law and administrative  law in France that  influenced by Georges Vedellchr('39')s theory about the »constitutionalization«, cause that  this two  branch close together. Then, the theory of the constitutionalization of administrative law was subsequently updated. The foundations  of  administrative law were strengthened  by the 1958 constitution,  which contained numerous provisions on administrative law. Ratification of this law a landmark in the constitutionalization of  French administrative law and have of great importance. The close relationship between the Constitutional Council and the State Council, which has increased in recent years with constitutional revisions, plays an important role in the constitutionalization of administrative law and administratizitaion of constitution law. So, these two movements  have seen as the perspective  about  creation of European  public law that cause a reciprocal  enrichment of administrative and constitution law and  the unity of public law in France.

Today, one of the new technologies that has been considered to combat corruption in some countries is electronic systems for reporting corruption. Given the importance of transparency and the fight against corruption in administrative affairs in the system of the Islamic Republic of Iran, this article descriptively and analytically seeks to answer the question of whether in the Islamic system such monitoring systems can be benefit from administrative health and the fight against corruption?
What are its jurisprudential and legal principles and arguments? Also, what are the jurisprudential challenges of using it? Findings show that the need for public oversight in social affairs, the rule of maintaining the Islamic system, the morals of the wise and the need to protect public rights are among the jurisprudential and legal principles of using electronic systems to report corruption in the Islamic system. However, despite the efficiency of this electronic platform, it will naturally lead to challenges such as "maintaining the honor and dignity of employees and agents, the sanctity of defamation before proving a crime, etc." Existing checked

Sometimes the time factor in conflict of laws, regulations, government decrees, and administrative decisions and announcements from the past and in the future leads to the loss of the acquired rights arising from them or as the results of contracts concluded by the administrative authority in the past or the disregard of legitimate expectations which are expected.This squandering of rights (acquired rights) and ignoring the expectations (legitimate expectations) created by law, procedure and sharia is not acceptable.
The principle of protection of these acquired rights should be considered as the product of the "judicial" procedure of the Administrative Court of Justice, which, apart from not envisaging it as a principle protection in the constitution, in cases of non-observance of this principle by the administrative authority, The verdict of annulment of any decision, announcement and decree is issued, which in itself caused the violation of these rights has been issued many times.In the present article, the guarantee and protection of acquired rights in the administrative justice procedure has been examined and the strengths and weaknesses of this procedure have been examined.It seems that by considering several criteria, the Court of Administrative Justice can improve and expand its protection of these rights.