نشریه جستارهای نوین حقوق اداری
پیاپی 3 (بهار و تابستان 1401)

It is very important to know the exact legal nature of construction contracts, especially contracts based on the general conditions of Design-bid-build contracts (Publication 4311) as the most used types of contracts for the construction of infrastructure structures and facilities in the country. In this regard, examining the status of these contracts in different types and being aware of this status can lead to better and more appropriate use of these types of contracts.Basically, these contracts are formed based on Article 10 of the Civil Law of Iran, and they are adaptable with different contracts in terms of establishment, articles, conditions and the defined obligations.In this article, the status of these types of contracts, which are known as "contract" in Iran, have been legally scrutinized in terms of history, longevity and continuing of contract, effect, condition, subject, performance of contract, formalities and taking possession.Based on the scrutiny of above-mentioned construction contracts, especially design-bid-build contracts, which are contracts of an indefinite type, irrevocable by the contractor, revocable by the employer, permissible, conditional, bilateral, definite, formality and tangible.

The advancement of technology has been one of the most critical concerns of the oil industry in the last three decades, and the need for self-sufficiency in the oil industry was felt more than ever with the further addition of sanctions. Legal specialists have also published many pieces of research in order to deliver solutions regarding the issue. However, legal concerns must be considered along with technical considerations. In this regard, two solutions come to mind concerning the development and advancement of technology in the oil industry. First, the presence of multinational companies in the industry and the conclusion of technology trade agreements with them; second, the membership of Iranian companies in multinational corporations. This being noted, each of these solutions may face practical obstacles, and the effectiveness of these two solutions must be subject to further analyses. In the present study, with an interdisciplinary approach, an attempt has been made to review these cases while reviewing previous studies so that finally, a comprehensive and realistic view of the capacity of multinational corporations (to help the advancement of the technology) could be realized.

The Court of Administrative supervision creates the background of oppression in the legal system of any country for the people towards government officials and organizations in order to prevent the exercise of illegal authority in the social pyramid of power and in the lives of citizens. According to the guidelines for monitoring and following up public rights, this authority is one of the institutions in charge of protecting and revitalizing public rights. Due to such a mission, the court's procedure has a special position in order to fulfill the missions of this institution. This research has studied the concept of the beneficiary in the exercise of the right to petition as a prelude to the protection and restoration of the public rights in order to answer the question of what the court's approach is in the cases presented involving the public interest in the direction of protection. It has adopted public law revelations. In the Iranian legal system, the recognition of this doctrine, especially in lawsuits Jurisdiction of the court can be a solution for the desired restoration of public rights, but the interest intended by the legislator in the law of organization and the procedure of the court, as well as in the judicial procedure of this institution, in having the right to sue, is a direct personal interest. In order to achieve the desired realization of justice, this capacity must be taken into consideration by the legislator or in the judicial procedure

 Special economic zones are areas outside the customs territory of the country that are governed by a special legal system. For example, there are special legal rules regarding the employment of human resources. One of the most important issues regarding manpower employment is the obligations that employers have towards workers' rights. Services, welfare, job security and other workers' rights are among the most important rules of law for workers. These cases are among their job rights. It should be noted that the set of legal rules guaranteeing these rights in some cases, due to unilateral protection of workers and cumbersome for employers, reduce the desire of capitalists for economic activities. And this is contrary to the goal of creating special economic zones. Therefore, in the special economic zone, which has been created in line with the growth of economic prosperity, a special labor law system prevails, which, in addition to supporting the worker, has also established exemptions for the usual duties of employers. In this study, the legal system of special economic zones is examined with an approach to the general rules of labor law, in order to depict the general outline of workers' labor rights in this region.

Today, the concept of ownership is considered a necessity for the rights and civil liberties of individuals, and protecting the ownership of individuals is one of the important goals of governments, but the uncertain laws of property registration are considered to be one of the causes of poverty and injustice in society. The Real Estate Registry Organization is the trustee of such responsibility. But the basic question is whether the basic laws of Iran's property registration system are compatible with the inherent responsibility of the aforementioned organization. The uncertain laws of property registration, the unnecessary affiliations of this organization with insular institutions, the formation of two sides of the conflicting registration system, i.e. public and mandatory registration on the one hand and normal and voluntary registration on the other hand, have distorted the inherent responsibility of the said organization and the property rights of individuals. and the weakness in providing registration services and fueling poverty and injustice in the society, and this requires a fundamental change in the structure of property registration laws in Iran.

Today and in the governance system, the management of public affairs is often done through regulations. Despite the fact that regulation usually serves the efficiency and legal action of the rulers, however, it seems that it can also be a ground for the occurrence of administrative corruption. This is to explain that if the regulation is not in the framework of the principles of good governance and also the regulation is not good, it has the ability to generate or intensify administrative corruption during the implementation of regulations by public officials or people. This category in such an important issue of the environment can have long-term and irreparable consequences for public interests. The present study aims to briefly examine the possibility and grounds of administrative corruption due to unfavorable regulations regarding forests as one of the most corruptible and sensitive elements of the environment. In this regard, the regulations of Iran and Brazil in the field of environment and especially the forest have been comparatively studied.

The expansion of urban green space as a manifestation of the protection of the right to a healthy environment on the one hand and the need to respect the property rights of individuals based on the principle of domination on the other hand is perhaps the most important challenge of the General Assembly of the Court of Administrative Justice. . The most important question in this area is which way the Court has leaned; The development of access to green space as one of the pillars of environmental justice has been preferred or advocated for the property rights of individuals, or in principle has been able to achieve reconciliation between the two. In this article, an attempt is made to give a suitable and useful answer to these and similar questions by considering the procedure of the General Assembly of the Court of Administrative Justice. In addition to the fact that the court requires the entry of substantive issues, other categories of opinions have considered formal issues and from this perspective have conducted administrative proceedings, the study and analysis of such opinions is also considered in this article.