Improving the Status of "Legal" and “Investigation of Administrative Offenses" Units in the Structure of Executive Organs

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Semnan University, Semnan, Iran

2 PhD. in Public Law, University of Tehran. Tehran, Iran

Abstract

Documented in paragraph 10 of article 3 of the Constitution, establishing a proper administrative system is one of the issues considered by the system of the Islamic Republic of Iran. Undoubtedly one of the most important components of a proper administrative system is prevention of legal anomalies in the executive organs or appropriate and efficient approach with them that ensures the health of the administrative system. In order to achieve this goal, in the Iranian administrative system, in addition to preparing external monitoring, various inter-organizational monitoring methods have been proposed to ensure the proper implementation of laws in the executive organs. In the form of descriptive-analytical research and by pathologizing the status of "Legal" and “Investigation of Administrative Offenses" Units As two effective sources to ensure the rule of law in the organs, It was concluded that the lack of organizational and functional independence for these two units has made it impossible for such units to be effective in performing their duties. Therefore, it was suggested that by redesigning the administrative system of the country, "legal" and “investigation of administrative offenses" units be placed structurally under the Ministry of Justice or the Legal Vice President and be located in the relevant agencies. Obese perspective, anticipating the possibility of proposing a legal deputy or members of administrative misconduct committees by the highest executive to the Minister of Justice or the legal vice president and appointing them can help them coordinate more closely with the executive.

Keywords

Main Subjects

References

1. Al-Baalbaki, Rouhi et al. (2002), The Three-Legislative Dictionary, Beirut: Al-Halabi Publications
The law.

2. Parvin, Khairullah (2014), Fundamentals of Public Law, Tehran: Samat Publications.

3. Amid Zanjani, Abbas Ali (2008), Fundamental Rights of the Republic of Iran, Tehran:
Majd Publications.

4. General Department of Cultural Affairs and Public Relations of the Assembly of Names (1985), detailed form
Parliamentary Debates Final Review of the Constitution, Volume 3.

5. Jafari Langroudi, Mohammad Jafar (1999), Legal Terminology, Tehran: Ganj Publications
Knowledge, tenth edition.

6. Shahid Thani (1413 AH), the schools of understanding to correct the laws of the body
Al-Samiya, Volume XIII.

7. Sheikh Ansari, Morteza (1415 AH), Judiciary and Martyrs, Qom: World Congress
Sheikh Azam Ansari.

8. Saduq, Muhammad ibn Na'l al-Nabawiyyah (1409 AH), translated by La Yahdhra al-Faqih, translated
Ali Yakbar Ghaffari, Tehran: Sadough Publishing, Volume 4. Tabatabai Motameni, Manouchehr (2008), Law
Administrative, Tehran: Samat Publications, 15th edition.

9. Musazadeh, Ebrahim (2012), Administrative Law, Tehran: Dadgostar Publishing.

10. Parvin, Khairullah and Hossein Ayeneh Negini) «,) 1397 Reflections on the effects of the jurisdiction of the President
The Judiciary in the light of the recognition of this competence in the Law on the Organization and Procedure of the Court of Justice
Administrative », Quarterly Journal of Public Law Knowledge, No. 22.

11. Kamali, Yahya) "," (2014) The role of decentralization in the realization of the administrative system ", Quarterly
Strategic and Macro Policies, No. 5, pp. 111-132.

12. Gorji Azandariani, Ali Yakbar and Younes Fathi) (2015) Assessing the Judicial Process in Administrative Violations: A Reflection on a Desirable Model », Bi-Quarterly Law
"Regularly, with a look at the Radio Regulatory Authority", in the pursuit of rights
General, Tehran: Jangal Publications, Volume One, pp. 458-487.

14. Yalghuz Aghaji, Rana and Seyed Jama Laldin Mohseni Zanuri) «,) 2014 The role of government in transformation
The administrative system of the country ", Journal of Economics, Nos. 5 and 6.
 
15. Ain Hongini, Hossein (1398), pathology of the legal system of the Judiciary in the system
Iranian Law and Presenting Its Optimal Model, PhD Thesis, University of Tehran.

"16. Law on Upgrading the Administrative System and Combating Corruption" approved by the National Assembly on 2/29/2011
Islamic.

"17. Regulations of the Government Penitentiary Organization" Notified 1/8/1373 Special Representative of the President.

"18. Law on Investigation of Administrative Violations" approved by the Islamic Consultative Assembly on 4/9/1371.

«19. Law Amending the Law on Governmental Punishments, approved by the Expediency Discernment Assembly on 12/23/1367
System »approved on 7/19/1373.

"20. Internal Regulations of the Cabinet" approved by the Cabinet on 9/8/1368.

21. Regulations on how to resolve disputes between executive bodies through an internal mechanism
Executive Branch "approved by the Cabinet on 12/26/2007.
 
22. Presidential Information Database, visible at:
http://www.president.ir

23. Hamedan Governor's Website, visible at:
http://www.ostan-hm.ir/fa/index.aspx?spi=MQ

24. Website of the Welfare Organization of the country, visible at: http://www.behzisti.ir

25 . Website of Islamic Propaganda Organization, visible at: http://ido.ir/org

26. Environmental Protection Agency website, visible at:
/https://www.doe.ir/portal/home

27. Website of Tehran Regional Water Company, visible at:
https://www.thrw.ir
. Website of the National Standard Organization of Iran, visible at:
http://www.isiri.gov.ir/portal/home

30. Website of the National Land and Housing Organization, visible at:
https://nlho.ir

31. Website of the Ministry of Communications and Information Technology, visible at:
https://www.ict.gov.ir

32. Website of the Ministry of Jihad Agriculture, visible at:
https://www.maj.ir

33. Website of the Ministry of Science, Research and Technology, available at:
https://www.msrt.ir/fa
The Journal of Modern Research on Administrative Law
Volume 2, Issue 4 - Serial Number 4
Second year, fourth issue, autumn 2020
November 2020
Pages 56-78

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History

  • Receive Date: 12 July 2020
  • Revise Date: 22 July 2020
  • Accept Date: 26 September 2020

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