نشریه حقوق اداری
پیاپی 27 (تابستان 1400)

Some public organizations are entities required to be named or specified and it isn’t certainty to include in laws and regulations. Maine question is: “which legal system does/should rule on such entities?” we use analytical-critical method. This article shows the base of recognition of entities required to be named is a principal issue; it is relation between the recent general law and precedence specific law. Meanwhile the base of recognition of entities required to be specified is necessity of being exception to laws because of professional necessity and/or of functional sensitivity. Before Revolution, Legislation pay attention to the issue; but after Revolution, regard to the spirit of the Constitution and precedent of Guardian Council, Legislation considers two entities as a same incorrectly and so, judicial orders be formed on this way.

Due to the key position of guilds in the provision of public goods and services, it is necessary to regulate them. This can be done in many ways. For example, the government itself does this directly, entrusts the arrangement to the owners of these guilds (self-regulatory) or in a participatory form (co-regulatory). Self-regulatory and co-regulatory models pave the way for the formation of guild systems. Considering the formation of numerous guild organizations in Iranchr('39')s legal system since the beginning of the contemporary decade, this research seeks to evaluate the legal system governing the establishment and activity of guild organizations from the perspective of legislative policy making and is mainly focused on analyzing the necessities and challenges of establishing specific guild organizations (along with the general guild organization). Based on the findings of the previous research, basically the formation of specific guild systems, in some respects such as weakening the general guild system, discrimination between guilds and theInjuries caused by Legislative inflation should be done for a good reason, while in our legal system there is no specific model for establishing specific guild organizations, identifying the instances of guilds requiring the creation of a specific system is not based on a codified program. Importantly, they have unjustified disagreements, and these challenges, as well as the defects in the general guild organization, have necessited a review of the legal frameworks governing the guild organizations.

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.

28  of September has been designated as World Access to Information Day. The importance of this fundamental human right in modern administrative law in the form of "good governance" is the most important component of civil rights. In line with the transparency of various government bodies, at the international, regional and domestic levels, various laws appropriate to the development of societies and the acceptance of legislative institutions from a political and cultural perspective have led to basic human rights standards such as the Universal Declaration of Human Rights and the international civil and political covenant,
steps should be taken to gradually improve administrative rights and provide efficient public services to citizens, establish an independent judiciary, and be accountable for the issue discussed in Iranian and EU law.
Based on the analytical-descriptive and comparative method, the answer to the following question is: "How is access to documents and information achieved in the two legal systems of the European Union and Iran based on the attainment of citizenship rights?" That is, the EU system has more serious mechanisms due to the delay in regulating in this area on Iranchr('39')s administrative law. The regulation of various regulations in the form of the Law on Dissemination and Free Access to Information, the approval of the Supreme Administrative Council, the Charter of Citizenship Rights and the preparation of the Transparency Bill are positive steps that Iran has taken in recent years. Despite various regulations, ambiguities is remain.

Unemployment insurance is one of the social protections of people who have lost their job without any will and in the process, their job security has been seriously damaged. In these cases, social security protection systems have tried to compensate for unemployment benefits by providing unemployment insurance benefits. In Iranian law, the Unemployment Insurance Law and its executive regulations, a set of instructions issued by the Ministry of Cooperatives, Labor and Social Welfare, as well as the Social Security Organization, determine the criteria for benefiting from unemployment insurance. In addition to the relevant laws and regulations, the unanimous procedure of the General Assembly of the Court of Administrative Justice can also be discussed as one of the important sources for determining the conditions for benefiting from unemployment insurance. The importance of this becomes clear when we know that the above-mentioned laws and regulations are ambiguous in some cases and the Court of Administrative Justice, as the highest authority of administrative proceedings, with a correct judicial interpretation of these cases, can cause clarification. Scope and coverage of unemployment insurance on individuals. The research method in this research is descriptive-analytical and library method has been used in collecting resources. The results of this study show that the performance of the court, although in some cases positive and in favor of workers, but in some cases has deviated from the philosophy of labor rights and the principle of protectionism.

The exercise of sovereignty, in terms of purpose, is divided into political acts of coercion, and in terms of content and nature, into legislative, judicial and executive acts. In the meantime, In addition to the activities of the executive branch, the activities of the legislature and the judiciary are not of a purely legislative or judicial nature and may also involve administrative action. In the judiciary, judges and judicial managers, in addition to carrying out judicial action, also in some cases perform administrative actions. Accordingly, we are looking for answers to these questions: What are the criteria and criteria for separating judicial actions from administrative actions of judges and judicial managers? Also, what are the effects of this separation, and moreover, if judges or managers of the judiciary take administrative action that ignores and violates the rights and freedoms of individuals, what capacities are there in the law to prevent and seek redress? In the meantime, we will focus on the fact that in the light of the rule of law, all administrative acts must be subject to administrative and judicial oversight, and no action must go beyond oversight

Islamic city council as the supervising institution of the function of mayor and the municipality, in line with playing its supervisory role can choose and dismiss the mayor based on the competency considerations, referring to the Article 83 of the law of the establishment, tasks and election of the Islamic city council.. In these processes, the mayor and such authorities as the public courts, district courts and appeals court or the general jury of the administrative justice court, the district and appeals boards of the administrative offences of the staff of the governor and the Interior Minister play their own role. Meanwhile legally exploring and investigating these processes in relation to the qualifications of committee responsible for matching the enactments by the cities’ Islamic councils (in terms of the governments’ custodianship-related supervision on the public nongovernmental institutions with independent legal personalities) and the extant challenges (including the necessity or non-necessity of positing the council’s enactments in the aforesaid committee, it will be made clear in this research according to the Islamic council’s decision-making and supervisory roles in regard of the municipalities and mayors’ areas of functioning that this institute is obliged to immediately inform the provincial governor and the minister of interior about the mayors’ service termination in the beginning of the work by the municipalities’ overseer and subsequently introduce qualified individuals as mayors in order to prevent the emergence of managerial gaps and in line with receiving the installation verdict in a case-specific manner.

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.

Disciplinary proceedings are one of the new areas of proceedings that, like other areas of proceedings, the fairness is important, requiring special standards of conduct in accordance with the principles of fair trial derived from the Instrument of Human Rights. These principles govern the four stages of litigation/disciplinary litigation, namely Initiating the Case, Processing the Case, Deciding the Case, and the post-judgment stage (to pass a judgment). Accordingly, this article seeks to answer the question of the extent to which the principles of fair trial have been observed in the regulations for dealing with administrative violations in Iran and Britain? For this purpose, the substantive aspect (regulations) of handling administrative violations of Iranian and British employees is studied from the perspective of the principles of a fair trial as of special standards of fair trial governing the above-mentioned four steps, using the method of content analysis and inference from relevant legal texts. The findings of the study indicate the fact that the mentioned principles in the field of administrative violations regulations of the two countries have been provided in different forms; in a way that the British legal system is more developed than Iran in the realm of principles and guarantees of procedural rights of the accused employee due to the elements of Modern life, and in Iran, unlike the United Kingdom, the mechanism for dealing with administrative violations, although in some cases it complies with the principles of a fair trial, human rights instruments containing these principles have not been cited and are not based on the action of the relevant regulatory authorities.

Present article by using a desk research method to collect information and by using descriptive and analytical method, in the context of the doctrine of protection of human rights, the responsible sovereignty and the theory of positive obligations, seeks to support human rights cases in the public service literature. On the basis of this fact, many human rights cases are not feasible without the provision and management of public services. The right to life as the most fundamental human right, without the provision of public services, has no content other than “Right to not being killed”. While the right to life includes higher qualitative requirements; Welfare rights such as the right to health, the right to food, the right to work, the right to education and etc. which could not be achievable without the provision of public services. Accordingly, the protection of human rights requires that the provision and management of public services be guaranteed as a positive commitment by governments. With this approach, the requirement to provide public services will have human rights support.

The Settlement of disputes in securities and exchange market of Iran is based on legal compulsory and follow two stage models. It means that obey both Conciliation Committees or Board of Associations and then, Arbitration Board of Securities and Exchange Organization. In this regard, the current system of dispute resolution in the stock market is not completely synchronized with the general principles governing the capital market. It is necessary that along with transparency and speed in securities transactions, settlement of disputes between market activists to be faster and fairer in terms of structure. This article with considering Conciliation Committees or Board in Associations of securities and exchange Market of Iran, civil procedure cod (Act), peace contract in civil law, and in line with updating commercial activities and also to give importance to private players’ will, emphasize that the arbitration, compromise and mediation concepts in Iran’s Securities and Exchange Market should be reviewed. In this regard, the shortages of current structure (Resolving professional disputes in Iran’s Securities and Exchange Market) to be determined and relation between methods and legal requirement to be clarified. In conclusion each of methods such as arbitration, mediation and Conciliation can be solved disputes. Utilizing aforesaid methods is more accordance with competitive structure of stock market and finally helps our country capital market to be consonant with international standards and principle while it is more suitable with Good Judicial Administration