Document Type : Original Article
Authors
1 Leadership and command. Faculty of Management and Economics. Imam Hossein University. tehan. iran
2 public and international law, Judicial Sciences and Administrative Services, tehran, iran
Abstract
Highlights
ترجمه بیش از حد طولانی است و ذخیره نمیشود
Despite the efforts that have been made to curb corruption in Iran, the state of the country's administrative system is not acceptable in terms of corruption control index. The Islamic Republic of Iran, like many countries, does not have a suitable position in the field of preventing and fighting corruption; This issue shows the need to take effective measures to fight corruption. Today, one of the topics discussed at the global level to prevent corruption in offices is the utilization of the capacities of people who are involved with the issues and issues of the organization based on their duties and responsibilities. The participation of these people to provide information that leads to the discovery of crimes and administrative violations is a process known as whistle-blowing. This partnership requires a proper legal structure.
In general, the participation of employees in the decisions and processes of administrative organizations leads to the formation of a desirable administrative system. Despite the fact that the concepts of consultation, congregation and participation in decision-making are rooted in Islamic and national values, the issue of participation is new and has been raised more seriously after learning about the developments in the West in recent years. If the organization's management style increases interaction and communication with employees and the use of their information, opinions and ideas, this approach will have a significant impact on changing the conditions of the organization; This mode generally refers to the process and executive mechanism of accepting, reviewing, evaluating (and if necessary implementing) the opinions and suggestions of employees, while providing feedback and rewarding them.
In the science of administration, the management style that is done voluntarily and consciously based on the participation of people in the work related to the organization and includes the two goals of respecting human values and achieving the goals of the organization with the help of these people, is called participative management. Another important point about participatory management that is related to the subject of this article is that the participatory model also includes the processes of monitoring the organization and employees.
In the general context of the subject of participation in the set of laws of our country - both constitutional principles and ordinary laws and regulations approved by the competent authorities of the executive branch - there are rulings; However, in the current legal system of our country's administrative system, the basis of the "law" of employee participation in the management of executive agencies is Article 20 of the Law on the Management of National Services, approved in 2007.
Apparently, in our country, no law has been approved by the Islamic Council so far specifically with the explicit issue of whistle-blowing; But in this subject area, based on jurisprudence (obligation to command what is good and forbid what is bad) and the constitution (especially, the eighth principle), in ordinary laws, including the law on protection of those who command what is good and what is wrong, approved in 2015, the law on improving the health of the administrative system and fighting corruption, approved in 2011, The Civil Service Management Law approved in 2007 and the Islamic Penal Code, Book 5 - Penalties and Deterrent Punishments, approved in 1996, there are sporadic rulings; And a government directive under the title of supporting corruption reporting (whistleblowing), approved in 2022, has been approved by the Ministry of Economic Affairs and Finance.
This research, which is of a descriptive-analytical type, by collecting materials through the study of library resources, and current laws and regulations, and by analyzing this information, seeks to answer the question that to what extent and how participatory management is prescribed for administrative organizations in Iran. Does it provide the basis for the development of whistle-blowing? Because the research is question-oriented, and the research methodology does not lead to statistical hypothesis testing, "hypothesis" has not been designed.
The subject area of the research is participatory management and whistle-blowing in the legal system of the Islamic Republic of Iran, and the spatial area of the research is the range of executive devices. For this purpose, in the following, after the theoretical literature of participatory management and whistle-blowing, the size and how of the expected influence of participatory management as an independent variable on the development of whistle-blowing as a dependent variable is analyzed with a legal approach and by examining the rules and regulations of the development of participatory management. From the point of view of whistleblowing development, while presenting a conceptual model, practical suggestions have been presented.
The results of the research showed that the development of whistle-blowing, in addition to the necessary legal bases, requires measures in the field of management. Participatory management and suggestion system can be one of the most suitable management styles for the development of whistleblowing in administrative organizations.
Nevertheless, the state of participatory management regulations and the proposal system, in terms of content, has theoretical wanderings, and in terms of form, it seems to have some lack of stability and unanimity. This issue has been addressed to the extent that the subject area of the article is respected. One of the issues raised in the article is whether the idea of "establishing other participatory management systems" (in addition to the proposal acceptance and review system) that was proposed in the 2000 approval of the Supreme Administrative Council, considering the approval of Article 20 of the National Service Management Law, 2007 and the "Decision Letter" approved by the President in 2010 [in that time], is it still going to happen? (in terms of legal logic).
From the approach of fundamental rights, the fundamental issue is ignoring the one hundred and fourth principle of the Islamic Republic of Iran in establishing the regulations (in the "law" and in the regulations approved by the executive) regarding the participation of employees in the management of the affairs of the administrative organization of their place of service.
Another legal issue is how to coordinate the implementation of the participatory management approach (very incomplete regulations for employee participation in administrative decision-making) with the usually individual-oriented structure of duties, powers and responsibilities in Iran's administrative organizations.
From a legal point of view, the fundamental issue in the process of realizing and developing whistle-blowing is the lack of sufficient legal infrastructure for the job security of employees. The fundamental flaw in the law on dealing with administrative violations has also facilitated the possibility of filing cases for administrative employees - this issue is explained in the text of the article; And an opportunity has been provided so that the corruption reporters and whistleblowers are not safe from the case of administrative violations being filed against them unjustly.
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