https://www.malr.ir/ The Journal of Modern Research on Administrative Law en daily 1 Tue, 24 May 2022 00:00:00 +0430 Tue, 24 May 2022 00:00:00 +0430 https://www.malr.ir/article_252352.html This study is an attempt to examine the exchange rate and monetary policy's impacts on the petroleum stock price index through long- and short-run horizons, in Iran, by applying an asymmetric non-linear asymmetric auto-regressive model (NARDL) and monthly data from December 2008 to February 2017. Furthermore, to improve the estimated model results, a group of the OPEC oil price, inflation rate, global gold price, international sanctions has been used as the control variables. Based on the results of the NARDL model, both the exchange rate and monetary policies have, directly an asymmetrically, affected the petroleum stock price index in two various time horizons so that the impacts of each policy's positive components on the petroleum index have been higher than the effects of negative ones. Moreover, in the short run, the exchange rate policies influences on the dependent variable have been more than those of monetary policies, while in the long run, the effects of monetary policies on the petroleum index have more influential than those of the exchange rate policies. Besides, there is a direct relationship between monetary policies, exchange rate, inflation rate, and the dependent variable. In contrast, oil price, gold price, and international sanctions have indirectly affected the petroleum stock price index. Also, the error correction adjustment of the petroleum stock price index to each of the variables, from the fastest to the slowest, respectively, are related to the exchange rate, gold price, OPEC oil price, inflation rate, and finally monetary policies. https://www.malr.ir/article_701251.html The budgets of state-owned companies account for two-thirds and sometimes three-fourths of the public and annual budget, and this huge amount will not be scrutinized by the parliament and the Court of Audit during the review and approval phase. In other stages, we do not see effective monitoring. Therefore, the article with a descriptive and analytical method seeks to answer the question of how effective legislative oversight of the budget of state-owned companies can be applied and what harms it faces. The research findings confirm the claim that there are various types of a posteriori and a priori parliamentary oversight in different stages of the budget, from intensifying government oversight when preparing companies' budgets to the time of consideration and approval in the parliament and after its implementation. Removal of obstacles and attention to the following will be effective. Issues such as paying serious attention to macro-policies in the field of privatization and reducing the number of state-owned companies as one of the roots, formulating a comprehensive law to structurally reform companies' budgets, changing the classification category and clarifying their financial performance. https://www.malr.ir/article_728990.html The Constitution of the Islamic Republic of Iran emphasizes holding elections as the most important method of appealing to the people's vote. The central feature of the republican system and the administration of the country's affairs based on public votes requires that elections be held at their legal time, even in unusual circumstances, and that the person or persons elected assume their legal duties and powers at the earliest possible opportunity so that the administration of the country's affairs is not delayed or suspended. This issue has been taken into account in the case of presidential elections in 131 principle of the Constitution, and it has been stipulated that a three-member council consisting of the Speaker of the Parliament, the Head of the Judiciary, and the First Vice President shall arrange for a new president to be elected within a maximum of fifty days. Without trying to fully explain the aforementioned principle, this article aims to examine early presidential elections based on the content of the aforementioned principle, the spirit governing the constitution, and legal principles, from the perspective of the legal possibility or refusal of nominating members of the three-member council and observing the specified time period, in a legal/case-based manner. The following questions arise: ifty days? It seems that nominating members of the council and delaying the signing of the decree and the new president taking office after the end of fifty days is not justifiable in light of the aforementioned principle. https://www.malr.ir/article_724770.html In our country, the issue of dual citizenship of companies has been neglected, therefore, in the literature of administrative law, there are only two definitions of Iranian and foreign companies. Under these conditions, Iranian companies with international activities are forced to choose another name and register the company in a third country. This research was conducted in an analytical-descriptive method and its purpose is to investigate the administrative challenges of the presence of the mentioned companies in the country's oil and gas projects. It was concluded that in important projects, due to the lack of ownership of equipment, there is no confidence in the ability of Iranian companies, and in the conditions of sanctions, any communication between the company's foreign branch and the main office in Iran is monitored under the title of cross-border relations and can be costly. Inside the country, the aforementioned communications are viewed from a security point of view, which can be subjected to accusations such as money laundering and sabotage by the aforementioned authorities. The administrative system has not even paid attention to the all-Iranian companies with international activities, and this causes their lack of motivation in the aforementioned costly activities. In the relevant laws, there is no limit for the recognition of dual citizenship of companies, and the administrative-executive authorities can recognize the internationality of the company while approving the complete bylaws regarding the implementation of principles 41 and 42 of the constitution. https://www.malr.ir/article_716848.html Iraq's constitutional system faces multifaceted challenges in the light of international human rights laws. This article examines the key issues that hinder the effective implementation and enforcement of Iraq's constitutional rights system. The main challenge is the lack of awareness and understanding of fundamental rights among citizens, which has been exacerbated by years of dictatorship and political turmoil. Iraq's constitutional framework has evolved through a complex interplay of historical factors, colonial legacies, and religious, sectarian, and ethnic divisions. The current constitution, adopted in 2005, declares Iraq a federal and parliamentary Islamic republic that guarantees human rights and defines the powers of the judiciary. However, in practice, human rights in Iraq are frequently violated, women and minorities face discrimination and limited access to education and health care. This article discusses the promotion of legal education and awareness campaigns to strengthen Iraq's constitutional rights system and address constitutional human rights challenges. This study, using a descriptive analytical method, concluded that increasing the Iraqi people's understanding of their legal rights is very important for the accountability of the government and the rule of law. This article emphasizes the importance of a comprehensive and organized legal and organizational approach to improve the human rights situation in Iraq, emphasizing gradual and culturally coordinated programs to prevent gender-based violence and support victims. https://www.malr.ir/article_728992.html Market manipulation in the stock and securities markets can result in financial losses for those who are unable to influence the market. The present article aims to understand and identify the foundations of government liability related to market manipulation in the stock and securities markets within the legal systems of Iran and the United States. The question of this article is: under what conditions might the state be held civilly liable for market manipulation in the stock market and securities in the legal systems of Iran and the United States, and what legal foundations support this liability? The findings indicate that the foundations include the identification of fault, the establishment of causation, strict liability, and the concept of state responsibility, which can be considered in both legal systems.In Iran, the sources of understanding government liability are found in the Constitution, the Islamic Penal Code, and the Civil Liability Act, with Article 11 of the Civil Liability Act being the most relevant concerning the compensation for government interference in the stock and securities markets. However, the legal gap in the stock market and the lack of clear guidelines for identifying government manipulation and interference pose significant legal challenges in Iran, making it difficult to determine government liability for compensating stock market losses in case of such interference. In contrast, under the U.S. legal system, Section 9 of the Securities Exchange Act of 1934 prohibits the government from any form of market manipulation. The research method in this article is analytical-comparative. https://www.malr.ir/article_720726.html The Taliban group, who in August 2021, by capturing Kabul, were able to seize government power in Afghanistan for the second time in the last twenty-five years and restore and establish their desired political regime under the title of the Islamic Emirate of Afghanistan, just like the first period of their rule (2001). - 1996), have not been successful in convincing the international community to accept their government as the legitimate representative of the country of Afghanistan and is still facing a crisis of international recognition. Public services, which are one of the inherent duties of governments, and their optimal provision, according to the principle of adaptability, requires communication between the home government and other countries. The beginning of these relationships occurs with the recognition component. The question research is whether this lack of recognition can have a negative effect on the provision of public services. In the present case study, the impact of the continued non-recognition of the "Islamic Emirate of Afghanistan" on "public service delivery" as a duty of a state in the domestic arena has been examined. Weaknesses in the sectors of treatment, health, education, and maintenance and development of public service infrastructure, which indicate the inefficiency of the Taliban group in providing public services, are related to the consequences of this group's non-recognition. This research, which has been conducted descriptively and analytically and using a library method, aims to examine the impact of "non-recognition of a state" on "public service delivery" in that state. https://www.malr.ir/article_724459.html In the field of labor rights, there are two concepts for wages: one is general and the other is specific. The general concept is the right to work, which includes all the worker's receipts, and the specific concept is wages in a special sense, i.e. fixed wages and basic wages. According to Article 30 and Clause 5 of Article 2 of the Social Security Law, the items subject to the deduction of insurance premiums, funds and continuous benefits, which are included in the regulations on how to prepare wage and salary statements and when to send them to the organization and the circulars of the Social Security Organization , have been specified. In identifying continuous benefits in labor rights, several rules are relevant: continuity in payment, retirement insurance premium deduction, incentive and welfare benefits, and fixed and basic wages.The legislator has made "continuity in payment" the basis for determining continuous benefits, and the deduction of insurance premiums is not considered its essential and inherent feature, but rather the effect and consequence of continuous benefits. Hence, the meaning of "continuous" in Labor and social security laws have the same literal meaning. In the case law of the Court of Administrative Justice, "continuity in payment" is the criterion for determining continuous benefits, and the votes No. 127 dated 7/28/1395 - 133 dated 8/12/1395 of the specialized board Labor and Social Security and Decree No. 234 dated 3/17/1388 of the General Board of the Court of Administrative Justice includes it. https://www.malr.ir/article_720722.html AbstractThe rights of ethnic-national minorities are based on principles such as freedom, equality, justice, and pluralism. The violation of these rights reveals a new hegemony after the formation of the modern nation-state, in which the dominance of majority culture and identity confronts ethnic minorities with serious challenges. This dominance, which now manifests itself in a new and modern form, aims to homogenize and erase ethnic-national identities. However, the tumultuous history of ethnic minorities, filled with experiences of genocide, exile, and forced assimilation, continues to remain a heavy burden on these peoples. In response, they seek to redefine "multicultural citizenship" while preserving their language, culture, and identity; a concept in which special rights and respect for the collective identity of ethnic groups, especially in minority conditions, are guaranteed for their continued existence. To achieve such a goal, a decentralized structure is needed, as centralized systems, with unilateral decision-making from the center, are unable to guarantee and protect minority rights. https://www.malr.ir/article_726186.html According to paragraph(2) of Article 10 of the Law of the Administrative Court of Justice, handling complaints against definitive decisions of quasi-judicial authorities is absolutely under the authority of this institution. The Commission on the subject of Article 38 of the Municipal Transactions Regulations, despite the quasi-judicial nature, in the unanimous decision No. 2307-2308 dated 4/8/1400 of the General Board of the Court of Administrative Justice and the unanimous decision No. 849 dated 4/19/1403 of the General Board of the Supreme Court to handle complaints from He excluded the opinions of this commission from the jurisdiction of the court and placed them in the jurisdiction of public courts. The investigation showed that excluding this authority from the jurisdiction of the Court is not only against legal principles and standards, but also contradicts the provisions of Article 173 of the Constitution and Clause(2) of Article 10 of the Law of the Court. In short, in paragraph(2) of Article 10, the organizational criterion (being a quasi-judicial authority) is the basis for determining the jurisdiction of the court, but in the aforementioned opinions, the nature of the lawsuits heard in the commission is the criterion for determining the jurisdiction of the court. Based on this, in line with the principle of specialization and documented in Article 10 (2) and Note 3 of Article 3 of the Law of the Court, it was argued that the appeals branches of the Court are the competent authority for protesting the final decisions of the aforementioned commission. https://www.malr.ir/article_722924.html Environmental crises are one of the fundamental challenges of mankind, which have had important consequences such as drought, climate change, deforestation and global warming. This has made the issue of dealing with environmental pollution necessary from a legal point of view. Accordingly, the purpose of this article is to examine the important question of what role governments have played in creating environmental crises and what are the legal frameworks and public responsibilities of governments' obligations and responsibilities to resolve these crises? This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that governments, due to excessive attention to industrial development and insufficient attention to sustainable development, are one of the main causes of environmental crises through the creation of greenhouse gases, polluting water resources, and marine and forest pollution. They are created through construction and road construction. The principle of prevention with a focus on sustainable development, the principle of caution and predicting one's actions on the environment, the principle of informing other governments about environmental pollution and also informing citizens, the principle of responsibility and payment of compensation, and the principle of international cooperation. It is one of the most important legal frameworks and public responsibilities governing governments to resolve environmental crises, which has been emphasized in various international documents. https://www.malr.ir/article_701389.html In this article, the change of the model of the international monetary system with the emergence of cryptocurrencies as a novel phenomenon has been investigated using analytical-descriptive method. Relying on blockchain's secure validation mechanism and decentralized mass collaboration, digital currencies are the latest financial tools that companies use to raise capital and develop technology. The significant entry of capital into the transnational industry has involved not only investors, but also governments and regulatory agencies with the aim of maintaining the regulatory role of the government, which is one of the main functions of the modern governance system. After reviewing the legislative efforts of countries regarding cryptocurrencies, the capability of digital currencies with the aim of providing a global common currency has been investigated; to countries without monetary dominance by a specific country; Like the current problem of the monetary system caused by the dominance of the dollar, it can use a universal common currency. Perhaps at first glance and considering the position of the dollar, the above idea is difficult to understand, while the laws established for blockchain and digital currencies are not yet strong enough to completely remove the hegemony of the dollar; But with the development of technology, it is definitely possible to design an efficient and accurate blockchain for this purpose. After studying various aspects, this research has proposed the possibility of providing blockchain to create a global stablecoin, taking into account the legal dimensions, as a global common currency. https://www.malr.ir/article_703363.html In Iran's neighboring country, such as Iraq, two different interpretations of the constitution led to the formation of two different legal systems in this country for the exploration and exploitation of oil resources. In the Kurdistan region of Iraq, to exploit the resources that exist within the borders of this region, the type of production participation contracts is used, but the central government of Iraq uses service contracts. These conditions are for control, monitoring and also maximum use of economic benefits for the mentioned country. In contracts of the upstream sector such as cross-selling and the model of the new generation contract called IPC, if the components of the policy cycle, especially the formulation and implementation of policies, are strictly followed, it becomes an important factor for strengthening the national and strategic interests of Iran. Therefore, it can be concluded that according to the conditions, it is necessary to establish a clear and structured systematic mechanism, in line with the conclusion of oil and gas contracts and giving credit and value to technology transfer in them, including the preparation and compilation of a comprehensive annex of technology transfer, which includes The obligations and duties of the other party should be set in detail and efficient executions guaranteed. The current research is an analytical-descriptive method and the method of data collection is the library-internet method. https://www.malr.ir/article_706384.html As the main custodians of public information and awareness, mass media are obliged to fulfill their mission without any interference in criminal justice programs by complying with the regulations related to the scope of their powers and limits. In the meantime, it is sometimes observed that the media, by violating the regulations and leaving the scope of their duties and powers, create grounds for disruption in the course of criminal proceedings. In this article, we seek to investigate this issue in order to analyze the effects of media coverage of criminal cases. The results of the investigations indicate that the mass media act like a double-edged sword. They have both positive and negative functions. In one word, it is possible to make the proceedings public in the media, avoid delaying the proceedings and reduce the influence of various factors in the proceedings as the positive aspects of the media coverage of criminal cases and making the proceedings public in the media, avoiding delaying the proceedings, reducing influence. Various factors in the proceedings, the disclosure of the identity of the accused, the weakening of the rights of the accused, the weakening of the fair proceedings, the reduction of the judge's authority in the proceedings and rushed proceedings were considered as the negative effects of media coverage of criminal cases. https://www.malr.ir/article_706766.html According to principle 43 of the constitution law, economic independence and eliminating poverty and deprivation are two of the most important financial goals of the Islamic Republic of Iran that, emphasizes the participation of people in economic activities within the private and cooperative sector. In the years after the Iran–Iraq war, there were many attempts to prominent the role of the private sector in the economic regime. However, in recent years, we can see that vast parts of this effort have led to economic inefficiency, which has imposed many costs on society. The transference of companies in loss-making conditions without reforming the structure, transference for solvency, ambiguity in the nature and structural position of non-governmental public institutions, security approaches to privatization, and many other factors caused by silence in law or conflicts between the rules, are legal barriers that have led to the emergence of the current situation in the private sector. According to this research, with a descriptive and analytical view with the use of library resources and existing documents, it was determined that the amendment of laws and regulations regarding facilitating the entry of foreign capital, limiting the handing over to non-governmental public institutions, providing an incentive package to capital owners and not confronting authoritarianism with the category of privatization could play a key role in improving the efficiency of the private sector. https://www.malr.ir/article_708712.html Administrative law is introduced as the vital basis of fundamental rights in the constitution. Important principles of fundamental rights, including people's sovereignty, rule of law, and human rights, are considered as basic principles of administrative law. In order to ensure the compliance of administrative law with the principles of the constitution, the existence of a constitutional court is necessary. The Court of Administrative Justice in Iran acts as the main court in this field and plays a vital role in maintaining the principles of the Constitution. The process of basicization of administrative law depends on the existence of a basic judicial authority and the explanation of the principles of the constitution. The Administrative Court of Justice strengthens this process and ensures that administrative law is consistent with the principles of the Constitution. The Court of Administrative Justice also plays an important role in monitoring the compliance of administrative laws with the principles of the Constitution and by using tools such as annulment of unconstitutional provisions, it preserves the fundamental rights and principles of the Constitution. It plays a fundamental role in Iran's justice system https://www.malr.ir/article_708785.html We know that Administrative Law is a set of rules and regulations which is about administrative organizations and institutions and quality of monitoring their actions and decisions and establishing the rule of law and ensuring citizenship rights and monitoring also includes inspecting, then, measuring and finally evaluating the actions of law enforcers. Administrative supervision is complementary to political supervision and on all the government officials who benefit from the public budget; is applied. On the other hand, in the course of negotiations, conclusion and execution of petroleum contracts, the parties to the contract obtain important information that has commercial value. You have to think of a solution to protect such information with tools such as confidentiality agreements or stipulations and some various sanctions are regarded. Today, confidentiality clause or agreement is an integral part of petroleum contracts in the world. The requirement to maintain the confidentiality of new petroleum contracts is continuous monitoring by various institutions and organizations. It is expected that Iran, by designing a coherent model of administrative law, will have a strict, continuous and efficient monitoring of petroleum agreements and aspects of non-disclosure. The purpose and achievement of this article is to explain the state of supervision of public law institutions on new petroleum contracts and its confidential aspects and to provide legal solutions olso how administrative law institutions monitor new oil contracts and their confidential aspects and provide legal solutions for its restoration. This research is descriptive-analytical and has been written in the library method. https://www.malr.ir/article_709429.html The natural monopoly feature of the oil and gas network industry has led to market failure in this industry. This article is done in an analytical-descriptive way and the main research question is what are the main challenges in the non-implementation of the sector regulatory body in the oil and gas industry and what solutions can be offered to solve these challenges? While identifying the harms and challenges in the transfer of regulatory duties from the National Oil Company to the sector regulatory body, finally, the solution was explained in restructuring and moving away from the regulatory government towards regulatory governance. The authority to clarify regulations of the Ministry of Oil without considering other administrative issues is mentioned in the subject law and needs to be amended. Therefore, there is a need to comprehensively explain a council with special powers and define the authority of the Ministry of Oil in explaining the economic policies of the oil industry. The division of authority between the Ministry of Oil and the National Iranian Oil Company is also necessary, and in the executive aspect, it is necessary for the government, while submitting a bill to amend Article 44 of the Constitution, to remove the private companies with the aim of reducing its involvement in economic policy-making. https://www.malr.ir/article_711786.html To raising Iran as the origin of the new Islamic_Iranian civilization, The Islamic_Iranian pattern has been communicated by supreme leader in September 2018 to be followed and conformed as a strategic document in codification of economic development programs from the 15th solar century. This document which is going to be replaced for current economic development patterns, before it is involved in technical and technocratic matters, mostly is a reaction to the theoretical basis of the current economic development patterns which are evolved in the context of modernity and claims that each patterns of economic development has its own theoretical basis, so it is necessary to be consonant with the legal and political system in which they want to be implemented. This article by a librarian way for requiring data and in a descriptive_analytic view tries to in addition of Explaining the specific legal and political foundations governing the Islamic Republic, which defines itself in the conflict between Tradition and Modernity, analyses the theoretical basics of these two views in light of legal perspective and disserts their possibility of compatibility and probability of implementation in the framework of Islamic republic. In other words, by a basic legal pathology of economic development programs, in this article, the hypothesis of dissonant between classic development and basics of Islamic republic, as a reason for failure to achieve the developmental goals has been examined and tries to answer this question that if the Islamic_Iranian pattern is theoretically consonant with basis of Islamic Republic? https://www.malr.ir/article_711898.html Downsizing the government is one of the strategies of public management, which aims to improve the performance of the government and increase the satisfaction of citizens in many countries of the world. This process means reducing the role and size of the government in the economic, social and political affairs of the society. In the last two decades, Iran has also moved towards shrinking the government. However, government downsizing should be designed and implemented according to the legal requirements of each country. Otherwise, it may lead to serious damage to the legal system and society. High-level laws here refer to the set of laws and regulations that are decisive at the macro and strategic level of the legal and political system of the country. Some of these laws are: the Constitution of the Islamic Republic of Iran, the vision document of 1404, the five-year development plans, the annual plan and budget law, and the laws enacted by the Islamic Council. Using the method of legal content analysis, this article has done the legal pathology of the downsizing of the government in Iran from the perspective of high-handed laws and suggests appropriate strategies to remedy the harms. https://www.malr.ir/article_712934.html The technological evolution in the field of employment and the increase in possibilities for remote work add to the necessity of the right to disconnect and also the right to protect the privacy of individuals in the current digital age; since the "always online and connected" culture is an invasion of work into private life and violates the right of individuals to rest as one of the rights associated with work and employment. The concept of the workshop has evolved in the current digital space and it is not only referred to a physical place or a specific workshop, but a new concept called "work space" has been proposed, which requires new support to work in this space rather than the negative effects of the arrangements. Flexible work's negative consequences such as psychosocial disorders and stress are minimized and the balance between work and life of the workforce is maintained. The right to disconnect is a new manifestation of the right to rest of the workforce in the digital age, which is recognized in the leading legal systems with the efforts of labor unions as a legal tool to protect health and safety of workers and ensure a better work-life balance and impose effective restrictions on the work time in the digital era. Rules are being clarified and developed to better comply with this right. https://www.malr.ir/article_713159.html The dual nationality is and has been among the most challenging issues of legislation in Iran since its very beginning. Article 989 of Iranian Civil Code articulates the ground rule on the matter. Focusing only on dual nationality caused by subsequent naturalization in a foreign country, this provision deprives such dual nationals, inter alia, from officeholding of whatsoever kind in Iran. I concentrate on the applicability of this deprivation to academic staff of Iranian universities. The paper claims that there is enough room to exclude, even partially, academic staff from the general prohibition. The study is accomplished using a revolutionist historiography as well as comparative study. The dual nationality is and has been among the most challenging issues of legislation in Iran since its very beginning. Article 989 of Iranian Civil Code articulates the ground rule on the matter. Focusing only on dual nationality caused by subsequent naturalization in a foreign country, this provision deprives such dual nationals, inter alia, from officeholding of whatsoever kind in Iran. I concentrate on the applicability of this deprivation to academic staff of Iranian universities. The paper claims that there is enough room to exclude, even partially, academic staff from the general prohibition. The study is accomplished using a revolutionist historiography as well as comparative study. Key words: Dual nationality, Academic staff of universities, Civil service, Naturalization. https://www.malr.ir/article_713864.html Government downsizing policies from the point of view of Article 44 of the Constitution are a set of strategic guidelines that were communicated by the leader of the Islamic Revolution in 2004 to the heads of the three powers and the head of the Expediency Council. The purpose of these policies is to change the country's economic system from government-oriented to sector-oriented and it is based on three sectors: public, cooperative and private with regular and correct planning. In these policies, the role and presence of the government in various sectors of the economy and society is reduced and the activities and enterprises of the government are handed over to the non-government sectors. Also, the private and cooperative sectors have the right to operate in the fields mentioned in the top of Article 44 of the Constitution. The implementation of these policies is carried out by the approval of new laws and the supervision of the Expediency Council. These policies are aimed at accelerating the growth and development of the national economy, expanding ownership at the level of the general public, ensuring justice and social welfare, promoting competitiveness in the markets, reforming the tax system, entrepreneurship and the efficiency of the government sector, realizing national interests and protecting the rights of consumers. Cultural and artistic transformation of the society and strengthening of the public system are planned in the strategic areas of the country. https://www.malr.ir/article_715207.html Media activity as one of the pillars of democracy in democratic societies, just as it is the basis for the realization of citizens' access to information, may also involve violation of rights and freedoms and lead to lawsuits in judicial authorities. However, criminal treatment of the media can disrupt their function in realizing freedom of expression and laying the groundwork for monitoring the government. Examining media proceedings in the sense of judicial processes governing media lawsuits in Iran's legal system indicates legislative and judicial fragmentation. In such a way that both at the normative level we see the existence of numerous legislative authorities and scattered legal rules, and at the structural level, many judicial authorities that sometimes do not have the necessary expertise to deal with these claims. Considering the function of the media in the light of public law, the present study examines the necessary prerequisites for the realization of a favorable media trial. In this regard, establishing comprehensive and up-to-date rules, predicting the structure and procedures of specific proceedings, restoring the fundamental guarantees governing media proceedings (including the presence of a jury and the mandatory presence of a lawyer in the proceedings) are the solutions that have been proposed to achieve this goal. https://www.malr.ir/article_715578.html According to Article 159 of the Constitution, justice is recognized as the official authority of grievances and complaints, and the formation of courts and their jurisdiction is also subject to the rule of law. Today, references with the nature of quasi-judicial authorities and special authorities have been predicted by the legislator to deal with specific lawsuits, including the dispute resolution board subject to Article 38 of the Reform Regulation of Transactions of the Tehran Municipality, which according to the law treaties and disputes arising from transactions subject to the bylaws between the municipality and individuals. In this study, in addition to analyzing the legal issues related to the mentioned board, the present challenges have been discussed. Examination and analysis of various dimensions of the board in question shows that problems caused by lack of coherent view of quasi-judicial authorities and lack of sufficient attention in predicting the issues affected by them have also faced different challenges and its procedure has been divided and dispersed. Although the issues facing this reference can be addressed to some extent by referring to the public and applying some legal principles and materials, however, since any defects and ambiguities in the mechanism of the Board can threaten the rights of individuals and in addition reduce their level of acceptability in the society, it is necessary that the legislator and the relevant authorities identify the issues and challenges facing the delegation and resolve them Exhibitions. https://www.malr.ir/article_715649.html The principle of the need to provide reasons for administrative decisions is one of the new concepts of administrative law. However, the two important elements of the mentioned principle, i.e., the effectiveness of the reasons and the rationality of the reasons for the decision, have not been taken into consideration, and most of the discussions in this field have been focused on its concept and foundations. In this regard, considering the position of this principle in administrative law, addressing the dimensions and various elements mentioned can help to enrich the said principle. In addition, the study of the concept of effective and reasonable reasons reveals the distinction of their application in public law and especially in administrative law compared to civil and criminal law. In this regard, in this article, the descriptive-analytical method and the use of library tools, while explaining the concept, requirements, foundations and elements of the effectiveness and rationality of administrative decisions, the distinctions and differences of these two sharp elements have been discussed. The results of the research indicate that the two mentioned elements are different in terms of their concept and components, as well as in terms of their foundations, in such a way that effective reasons are rooted in legal rules, but reasonable reasons are based on logic data. Humanity and the standards of fairness. And finally, the conclusion has been reached that effective reasons are rooted in law and justice, while reasonable reasons have logical and fair foundations https://www.malr.ir/article_715651.html In this research, with a descriptive and analytical way, we have expressed the status of a rule related to variable administrative decisions, which is called the stopple rule. This rule was first used in 1949 by Judge Denning in private law to control the powers of public officials, and of course, it was opposed by the Parliament. Therefore, in this article, an attempt has been made to firstly analyze the concept and the place of the stopple rule in administrative law and how it enters the literature of administrative law, and then with special reference to some of the cases raised in the administrative law of England, how to apply it, judicial review of administrative practices. The basic question is what is the use of the stopple rule in administrative law, especially in the process of judicial supervision of government actions? The basic assumption of this article in response to this question is that although this opinion has been unanimously accepted that stopple is a rule of fairness and it prevents a person from denying a result that he has already accepted. However, the violation of jurisdiction is often referred to as "abuse of discretion" and unfortunately, although all courts claim to rely on the staple theory, they often fail to introduce a general set of basic criteria. https://www.malr.ir/article_716843.html One common lawsuit in Iran's legal system is the lawsuit on employee's contributions for employment days as part of the government agencies, which is raised by the people who claim to be employed in these agencies. Considering the legal ambiguities that exist in competent authorities to deal with these claims and the formal and substantive conditions for handling and issuing verdicts in such claims, the current article has analyzed with a descriptive-analytical method and based on library studies in three parts respectively. The employee’s types of government agencies and the rules governing the payment of their contribution, the competent authority for handling claims against government agencies in the field of employee contribution and the approach of the Administrative Court of Justice in handling such claims have been discussed. This article findings show the most important legal ambiguity on competent authority is regarding the competent authority to deal with the claims of fixed and hourly contract employees working in government institutions. Also, Court of Administrative Justice's branches must comply with the three conditions of the record of submitting the request for the matter or refraining from it to the government agency of the place of employment; The history of the investigation of the matter in the records investigation committee of the Social Security Organization and the litigant consider it necessary to include all the institutions with legal duties regarding the requested matter. In addition, condemning the executive body to pay the contribution depends on the verification of employment and etc. https://www.malr.ir/article_716974.html Meritocracy is a fundamental principle of good governance and a key factor in organizational success, wherein individuals are appointed to managerial positions based on their scientific, practical, ethical, and value-based competencies. The theory of good governance has profoundly influenced administrative law, positing it as a requirement for achieving effective and appropriate management. Administrative bodies can deliver effective services only when they exhibit high productivity and efficiency. In modern governments, the selection or appointment of competent managers is a critical issue. Attention to the elements of good governance is crucial in this context, as it directly impacts the efficiency, effectiveness, and sustainability of organizations. The results of this study indicate that the selection and appointment of managers based on individual and professional competencies can lead to improved efficiency, transparency, accountability, and a reduction in corruption within governance systems. This research also emphasizes the necessity of establishing legal and structural mechanisms to ensure meritocracy in the processes of selecting and appointing managers. The findings of this study can serve as a basis for future policymaking aimed at strengthening good governance. In this paper, through a descriptive-analytical method and based on library studies, we aim to take a small step towards reforming the process of selecting and appointing managers in the country based on the meritocracy model by examining the components of good governance and presenting an appropriate model. Undoubtedly, designing an efficient and fair meritocracy system can increase citizen satisfaction, strengthen the relationship between citizens and the government, and improve the performance of governmental organizations.   https://www.malr.ir/article_718749.html The concept of criminal jurisdiction, which takes precedence over its definition, was first addressed by the European Court of Human Rights. This concept ultimately emerged from a legal mechanism known as "fair trial" under one of the important philosophical principles of due process called the principle of equality of arms. The significance of these concepts, namely fair trial and criminal jurisdiction, in quasi-judicial bodies related to administrative, disciplinary, and professional offenses, cannot be overlooked; otherwise, policies related to decriminalization and depenalization are ignored. The major concern is that neglecting the rights of individuals facing prosecution in these bodies and their punishments leads to a lack of access to fair trial and criminal jurisdiction on one hand, and fosters delinquent behavior on the other hand, gradually resulting in a loss of trust in these institutions regarding their proceedings. Upholding the two principles mentioned, namely fair trial and criminal jurisdiction, in the handling of offenses is crucial and often overlooked in the initial stages of proceedings, raising questions about the judicial approach to dealing with offenses. https://www.malr.ir/article_718958.html Ownership of rights is a respectable and inalienable right. The sanctity of this right has been noted in the laws of all countries as well as the Universal Declaration of Human Rights, and one of the most important effects of recognizing the right to property is the prohibition of forcing the owner to do something against his property that he does not want. In fact, sometimes the government is forced to use the lands and properties of private individuals without their consent in order to provide public services and implement construction projects, and in legal terms, owns them. Acquisition of lands and properties of private owners for the implementation of public and construction projects is the field of confrontation of private rights in a prominent way, property rights with public interests arising from social needs, and in this confrontation, the right to property as one of the most important human rights in the light of the theories of public interest and Public service and civil rules are ignored. Of course, modern administrative law is based on the balance between the rule of public interest and individual rights; For this reason, the acquisition of people's property by competent authorities requires the establishment and implementation of relevant rules and regulations in order to prevent the abuse of this privilege by the appropriating apparatus and to protect the individual rights of individuals to some extent. Acquisition of lands and properties located in public and urban plans by the government and municipalities is discussed https://www.malr.ir/article_718959.html In Iran's legal system, one of the most common lawsuits within the jurisdiction of labor dispute resolution authorities is lawsuits related to contribution, which, in the assumption of issuing a decision in favor of the worker, ultimately implements it in order to calculate and collect contribution. However, the social security organization refuses to implement these votes in many cases for reasons such as lack of employment verification, inaccurate contribution records, contribution gaps, and conflicting verdicts; So that this issue causes a lawsuit on behalf of the convict in the Court of Administrative Justice. Considering the challenges in this field for the workers and the attention of the Administrative Court of Justice to this issue in numerous opinions, the current article has studied this issue using the descriptive-analytical method and based on library studies. This article findings show in the above four cases, the social security organization has tried to avoid the implementation of the decisions of labor dispute resolution authorities in the field of contribution based on the interpretation of laws and regulations, or that by establishing regulations, by establishing regulations, it closes the way for the implementation of opinions that it considers incorrect. Although in many cases, the organization's refusal is legally correct but the investigations carried out show the organization has used strict methods for protect this pension fund financial resources. Considering this issue, the Administrative Court of Justice has tried to support the workers rights in the form of unanimity verdicts and divisions verdicts. https://www.malr.ir/article_718960.html Administrative systems have emerged in order to implement macro policies and meet the needs of citizens. In Iran before the 1957 revolution, in terms of the general atmosphere of legal secularism, the administrative system was mostly customary and secular. But after that, due to the rule of religious legal-political system, the process of Islamization has covered all fields, including administrative law. In the upcoming research, based on the current procedures, laws, regulations and judicial decisions, some symbols of the strong presence of religion - in its ideological and not traditional sense - in some areas such as entering the government service, promotion, administrative prosecution and also the condition The validity of administrative decisions and approvals in judicial or administrative authorities has been evaluated. The fundamental question is, does the role of religion in the administrative structure of the country lead to legality and accountability, or can it make that structure illegal and elitist? The hypothesis is that this style of administrative system cannot take advantage of all talents, and therefore, the presence of elites in this field is far less, and finally, the principle of meritocracy becomes more and more relative. The current process is incompatible with the principles of neutrality of the administrative system and non-discrimination based on religion and religious beliefs and needs to be revised. https://www.malr.ir/article_720728.html One of the aspects of the judicial supervision of the Court of Administrative Justice has been the supervision of the regulations governing the Iranian banking system, which are mainly approved by authorities such as the Council of Ministers, the Central Bank, and the operating banks. Given the importance of this issue, the current article, using a descriptive-analytical method and based on library studies, has examined the most important aspects of the judicial supervision of the Court of Administrative Justice over the regulations governing the country's banking system, especially in the field of banking contracts. The findings of this article show that if we divide the regulations governing the banking system into three categories, including regulations related to the conclusion of contracts, regulations related to the ratification of contracts, and regulations related to the implementation of contracts, the general and specialized panels of the Court of Administrative Justice have so far exercised their judicial supervision over the regulations of all three areas; In some cases, this supervision has resulted in the annulment of the contested regulation or its partial annulment due to its being illegal, outside the authority of the approving authority, or contrary to Islamic law. In some cases, the existing regulations have been implicitly approved due to their non-annulment by the general assembly or specialized assemblies. https://www.malr.ir/article_720727.html In the Islamic Republic of Iran, alongside the Islamic Consultative Assembly, other institutions can be observed that engage in varying degrees of rulemaking. The Supreme Council for Economic Coordination is one such institution. Acknowledging that this Council formulates legal rules within Iran's legal system, the issue of oversight of its decisions arises. This descriptive-analytical research seeks to answer the question of on what basis the oversight of the Supreme Council for Economic Coordination's decisions can be justified and, if such oversight is possible, how it can be implemented. the principles of the rule of law, hierarchy of legal norms, and expertise. The Constitution and the general policies of the legislative system indicate the necessity of oversight of legal norms. Oversight of the Supreme Council for Economic Coordination's decisions is possible through various means, including public oversight, internal oversight by the President as the Council's chair, and oversight by the Supreme Leader due to the approval of these decisions. The oversight of the High Council for Supervision over the Implementation of General Policies of the System and the Guardian Council over the Council's decisions is also proposed as a permanent and effective oversight mechanism. Furthermore , according to the Administrative Justice Court's practice, judicial oversight by this court over these decisions is not feasible. https://www.malr.ir/article_721366.html In response to the COVID-19 pandemic, governments around the world have implemented public health policies that restrict individual freedoms in order to control disease transmission. Although the application of many restrictions is necessary to control the pandemic, it seems that many of these policies have been extensive and have not paid attention to the rights of the population prone to human rights violations.In addition, Covid-19 has exacerbated existing inequalities based on access to health care, poverty, racial injustice, refugee crises and lack of education. As a result of creating such a situation, using the human rights approach in response to the corona disease is an undeniable necessity.Therefore, the main question that this research seeks to answer is the examination of the limits and loopholes of governments' powers in restricting human rights in the conditions of the outbreak of the contagious and contagious disease of Corona. The results of this research show that public health policy interventions that were implemented in 2020 had negative effects on the human rights of marginalized populations, and this shows the need to review the policymaking and design of public health policies, taking into account all persons protected by human rights. https://www.malr.ir/article_721368.html One of the most important tools of the rule of law is supervision.On this basis, the actions and actions of administrative authorities should be monitored and inspected in order to comply with the law. In articles 91 and 92 of the Civil Service Management Law, a type of inspection and supervision system has been established in order to preserve the health of the country's administrative system and prevent corruption.This type of supervision is the type of organizational supervision, or in other words, hierarchical supervision. A review of the background of the research shows that so far no independent research has been done in relation to this form of supervision and inspection. this article, by using the descriptive-analytical method and collecting information in the form of a library, the question is that what is the position of the inspector and supervision system of Article 91 and 92 of the State Service Management Law in Iran's administrative system? This type of supervision based on the aforementioned articles is the type of internal inspection system and hierarchical supervision that is foreseen for the first time in the administrative law system of Iran. Its implementation is carried out through the selection of an internal inspector or inspectors by all executive bodies. Also, managers of executive bodies are also obliged to supervise their employees and report administrative and criminal violations. Failure of managers to act in this regard is a type of omission that is subject to criminal or administrative punishment, depending on the case https://www.malr.ir/article_721618.html The purpose of writing this article is to implement tax policy implementation model with emphasis on modern public service indicators. The effectiveness of public administration requires improving the quality of tax administration as a structural element and a tool for priority financing of the national budget, which directly determines the state of socio-economic development. It is believed that among the mechanisms, methods, tools and levels of public administration, the key role belongs to taxation. Therefore, presenting new models and reforming tax administration procedures in line with modern economic challenges in the modern public administration system as a complex process and communication system in order to mobilize tax revenues in terms of completeness, timeliness, and legality of taxpayers' tax obligations is essential. The approach of the present research is qualitative and the research strategy uses the method of content analysis. The statistical population of the study includes all experts, professors and tax organization experts in Tehran who were selected by purposive and snowball sampling methods. The software used in this study included MAXQDA 2018 software. The results showed that the implementation pattern of tax policies with emphasis on modern public service indicators included 13 main themes, 29 sub-themes and 70 concepts. https://www.malr.ir/article_722035.html Beneficiary principle as one of the principles of administrative and civil proceedings under the set of fundamental principles of correspondence is the right to sue in an independent court and to be heard within a reasonable and conventional deadline. Based on this principle, a person has the right to file a lawsuit if he has an independent, existing, Shariah and legal interest. The rational basis and natural justice can be considered as the basis of the beneficiary principle. The principle of beneficiary in administrative proceedings has a broader meaning than its meaning in civil proceedings. The absence of a beneficiary condition in the petition for the annulment of government approvals and regulations in the Court of Administrative Justice or the possibility of appeal and objection to the decision in the assumption that the judge of appeal or the court of first instance learns of his mistake, and the possibility of filing a complaint in the branches of the Court of Administrative Justice based on "Public Prohibition" and "Public Law" confirm this. Guaranteeing the right to sue also requires the use of the criterion of "rational interest" in administrative proceedings instead of the criterion of existing, direct or actual benefit in civil proceedings. In this article, we apply and explain the principle of beneficiary in administrative and civil proceedings with an analytical and descriptive approach to the theories, laws and jurisprudence. https://www.malr.ir/article_722333.html The recruitment and selection of individuals to occupy sensitive positions, including Governors, governors of district, and rural municipals, must be subject to specific laws and regulations so that qualified individuals can be employed for these positions. This article uses a descriptive-analytical method to address the question of what legal challenges exist regarding the recruitment and appointment of Governors, governors of district, and rural municipals. The results showed that in relation to the appointment of districts and governors, referring to other laws and generalizing in this regard has led to a lack of transparency and a lack of a specific reference. There are also specialized laws such as the “Approval of the Plan to Determine the Duties and Authorities of Governors and the Procedure for Their Dismissal and Appointment” approved in 1998 and the “Executive Instructions for the General and Specific Conditions for the Selection and Appointment of Governors and District Heads” approved in 2016, which require their consolidation under a single law and the expression of examples of appointing districts and governors in terms of education, background, and other specialized characteristics. According to existing laws, the Dehyaris are also considered subordinate to the Ministry of Interior, but in employment, they are subject to the provisions of the Labor Law. This simultaneous affiliation with the Ministry of Interior in terms of organization and compliance with the provisions of the Labor Law has created a kind of duality that leads to the violation of the rights of those employed in this institution. https://www.malr.ir/article_722334.html In general, identifying challenges and focusing on them improves the effectiveness of any process and achieves the expected results. In the meantime, assessing the effectiveness of controlling urban crimes and violations, which are social in nature and are related to the daily lives of citizens, is of great importance. Currently, existing processes lack effectiveness and are a source of friction between citizens and actors with an ambiguous and dark future. Comments and reviews are generally made from outside the process and with an emotional, journalistic and critical approach, which are evaluated by actors as unfair, lacking expert criteria and not based on facts. Therefore, conducting scientific research with a problem-solving approach and from within the process can be very effective in explaining existing realities. The main question of this article is to assess the opinions of urban management actors regarding the challenges of effective control of urban crimes and violations. To answer this question, this article examines the issue using a qualitative method and conducting in-depth semi-structured interviews with actors in the process of controlling urban crimes and violations. The findings of this study showed that actors also consider the current process to be futile, painful, and discriminatory with results disproportionate to its costs. De-profiting the process, avoiding the involvement of material incentives and focusing on regulation, popularizing supervision by benefiting from private regulation, and avoiding situations of conflict of interest in controls can be made effective. https://www.malr.ir/article_722335.html According to Principles 4, 170 and 173 of the Constitution and Article 87 of the Law of the Court of Administrative Justice, the Shari'a hearing process regarding regulations is defined in two stages, including the initial review by the Court of Administrative Justice and the Shari'a hearing by the jurists of the Guardian Council. The connection of these two stages is made by foreseeing the possibility of the head of the court asking the jurists of the Shura. Although according to al-Qaida, the jurists of the Guardian Council must declare the contradiction or non-contradiction of the complained provision with the Sharia in response to these inquiries, but in some cases, due to the lack of recognition of their competence, they do not make substantive comments that this last category of opinions of the jurists of the Shura can be considered; Therefore, the present study, with the descriptive-analytical method and using library studies, aims to answer the question, "In what cases are the jurists of the Guardian Council qualified not to make substantive comments in response to the inquiries of the Court of Administrative Justice, and in these cases, is there a possibility of appeal" Does it have or not? https://www.malr.ir/article_722336.html Before the amendment of the Direct Taxes Law approved in2015,handling the violations of tax officials was the responsibility of a authority calledthe High Tax Disciplinary Board This reference was first mentioned in the sixth chapter of the approved law dated1967/3/19as a regulatory body for specialized&technical tax proceedings.Its duty&function as a court was to deal with the violations of tax officials in tax&non-tax affairs.By approving the law of1988/2/22,the legislator separated the administrative offenses of tax officials into two departments of tax-affairs&non-tax affairs,&practically only dealt with administrative violations in tax affairs.Thisboard,whichhad a high&scientific important position in the provincial tax system,lost itsreal role&position over time sothat the legislator in the amendment of 2015/7/22removed this body completely.&assigned all its duties to the boards for dealing with administrative violations.In this article,an attempt has been made analytical-descriptive method while explaining the duties&authorities dealing with the violations of tax officials,the reasonsfor the removal of tax-administrative-high commissions&also the consequences&impact of this removal on the issuance of expert&technicalopinions should be investigated.The results of the research indicate that by considering factors such as the conditions of selection of the boardsfordealingwithadministrativeviolations compared to the membersof said boards the volumeof the number of cases submitted to the boards for dealing with administrative violations,the number of votes of the boards for dealing with administrativeviolations that were violated by the administrative court,etc.The reduction of specialization in the issuedvotes can be seen,which is a proof of the failure of removing the tax-administrative board as a specialized authority to deal with the tax violations of officials. https://www.malr.ir/article_723018.html The general policies of the administrative system are an important part of the general policies of the system, which have been determined by the leadership after consulting with the Expediency Council of the Islamic Republic of Iran, according to the first paragraph of Article 110 of the Constitution of the Islamic Republic of Iran. However, most of the discussions in this field are focused on the concept and the place of the general policies of the administrative system in the country's legal system, and these policies have not been discussed much from the point of view of the components of human dignity. The importance of these policies in the administrative structure of the country and its impact on the legislative, executive and judicial system on the one hand and the promotion of people's rights on the other hand makes it unavoidable to address the status of the discussed components. In this regard, in the present article, the administrative components of human dignity in the general policies of the administrative system, which originated from the principle of inherent human dignity, have been examined in the descriptive-analytical method, and finally the conclusion has been reached that most of these policies are based on the principle of human dignity, and on this basis, any decision and action in the administrative system of the country must necessarily be based on the observance of the aforementioned principles. https://www.malr.ir/article_723019.html "The right to privacy is a fundamental human right that, due to its human and social nature, is in contact and interacts with many social phenomena. Among the most important social institutions are media organizations, which, due to their existential nature, have numerous points of proximity and contact with the rights and freedoms of citizens, including their right to privacy. In the present era, the tremendous development of media technology has provided the possibility of violating the aforementioned privacy in unprecedented ways that are distinct from traditional approaches. On this basis, today, the "right to privacy" is more affected by the media than any other component. The law, as the most important constituent element of the legal system, is not capable of fully and completely protecting the aforementioned rights and freedoms. On this basis, in most societies, in addition to utilizing the mechanism of law, other methods have also been considered in order to protect rights and freedoms, the most important of which should be considered the component of "professional ethics." Professional ethics In order to determine, it is formulated and applied in the form of "codes" and "professional ethics charters". Codes containing professional ethics standards have numerous titles and, in the term, "codes", of which the privacy component is one of the most important. The present article intends to address the effectiveness of the professional ethics component in protecting the right to privacy in the Islamic Republic of Iran Broadcasting as the largest media organization in the country. https://www.malr.ir/article_724460.html One of the important powers of the Article 100 Commission is to issue a demolition order in the face of construction violations. Due to the severity of the punishment for demolition and its severe conflict with the right of ownership, the quality of issuing a demolition order and the scope of the Commission's authority in issuing it is of great interest. The purpose of this research, which was conducted in a descriptive-analytical manner and by examining the procedures of the branches and general board of the Court of Administrative Justice, is to show what considerations the Court of Administrative Justice, as a judicial supervisor of the votes of these commissions, takes into account in examining the votes of this quasi-judicial authority. The findings of this research show that this judicial institution, on the one hand, by proposing the need to pay attention to the "age of the building and the date of the violation" in the Commission's votes, has determined a criterion for determining the temporal jurisdiction of the Commission (in terms of subject matter and sentence), and on the other hand, by determining the scope of the Commission's mandatory jurisdiction in issuing a demolition order pursuant to the law, by explicitly and implicitly relying on the principles of administrative law, including the principles of proportionality, necessity, equality, and prohibition of discrimination, has provided criteria for controlling the Commission's decisions and ensuring public interests within the scope of the Commission's discretionary powers. https://www.malr.ir/article_724764.html After nearly 60 years of activity of the National Planning Organization; an institution that from the beginning was responsible for the role of planning and development and strategic supervision of the country's economic and social system, this organization was dissolved in 2005 by the decision of the government of the time. The National Management and Planning Organization itself needed reform and evolution in order to be updated and fit with the environmental conditions, but its dissolution had detrimental economic, social and political consequences. The government, the people, the 1404 Vision Document and the country's development goals were the main victims of this dissolution; after the dissolution of the Management and Planning Organization in 2016, the Management and Planning Organization was revived and started operating in a new structure and in the form of two "Planning and Budget Organization" and "Administrative and Employment Organization". In this research, which has been conducted using a descriptive and analytical method, the reasons for the supporters and opponents of the revival of the Management and Planning Organization have been analyzed and examined. The results of this research show that the elimination of the National Management and Planning Organization created a serious disruption in the country's development path and the achievement of the goals of the twenty-year vision document. https://www.malr.ir/article_724766.html Leaving the workplace without the intention of returning is an act known as job abandonment.In contrast to the relative prevalence of this practice among the labor community, job abandonment has not been very popular with lawmakers as well as legal scholars.The only regulation related to job abandonment is Instruction No.17of the Deputy Minister of Labor Relations of the then Ministry of Labor and Social Affairs, approved on 03/16/1391,and the fourth and fifth paragraphs of this instruction were also annulled by the rulings of the Administrative Court of Justice.Therefore,the present study sought to express the conditions for the realization of job abandonment and its most important effects.This study showed that in order to fulfil job abandonment, the sum of several conditions is necessary.The existence of a valid permanent contract between the worker and the employer can be considered as the first condition for fulfil job abandonment.Also the absence of the worker in the workshop and leaving the workplace can be mentioned as the most important condition and material element of job abandonment.Of course,the worker's absence from the workplace can result in job abandonment if it is consistent with the intention of terminating the labour contract and dissolving it.Finally,the delay in the worker's actions on the existence of a legal license also causes the non-fulfillment of job abandonment.However,the sum of the aforementioned conditions leads to the realization of job abandonment, which also leads to effects such as the dissolution of the labor contract and the availability of compensation from the abandoned worker https://www.malr.ir/article_724767.html In order to impose liability for damages on individuals, the existence of three elements of harm, harmful act, and causal relationship between the harm caused and the harmful act is necessary. The present study examines the laws and judicial procedures on the civil liability of the police in the two administrative law systems of Iran and England. The research method in this study is descriptive-analytical and uses library resources. In the dealings of criminals and defendants with the police, Iranian law considers one of the conditions for payment of damages by the police to be the victim's lack of fault (innocence). In addition, the way in which the victim and the police act in causing the damage has various assumptions, among which the assumption of both participating in causing the damage is the most complex. Judicial procedures also do not follow a single point of view and have considered various matters, including attention to legal criteria, bloodguilt, etc., in terms of the method of action and determination of the victim's and the police's fault. Criteria such as protection of the injured party and consideration of the rights of police officers, justice and non-discrimination in dealing with similar cases, preventing the exploitation of violators of public order, regarding the civil liability of the police, indicate the commonalities and differences between these two legal systems in the details of the conditions of civil liability. https://www.malr.ir/article_724768.html Basically, political science and law are interconnected; some political events create legal institutions and processes, and in turn, legal institutions and processes act as instruments of power and in line with the realization of political phenomena and decisions. The coup of 1953, as a political event, is no exception to this rule. This event has not been evaluated as it should be, perhaps through administrative law. Therefore, through a library study and in the form of a descriptive and analytical evaluation of current laws, regulations and judicial practice, the question is raised: what is the reflection of the coup in Iranian administrative law and in which part of administrative law is this reflection seen and for what purposes? In response, this reflection in the pre-revolutionary period was directed at adjusting some administrative decisions of the Mossadegh government, promoting the coup collaborators, and dealing with its opponents in universities and other government bodies, and in general, intensified and deepened the administrative concentration and ideologicalization of administrative rights in those areas. After the revolution, support for employees who were victims of the coup period was provided in the form of calculating the years of deprivation of service, returning to their jobs, and restoring their dignity. Of course, this support was gradually limited to supporters of the new regime, and opponents were deprived of those privileges. This process has also led to the reproduction of the ideological administrative system in this area. https://www.malr.ir/article_724769.html Iran’s Department of Environment in is the main administrative organ for environmental protection and as the vice president and a governing body has a high organizational status in the country's administrative hierarchy. Effective protection of the environment requires the use of the tools and sufficient competence of environmental regulation. In this regard, this article, based on the descriptive and analytical legal method examines the issue of whether the Department of Environment has sufficient and appropriate competences for environmental regulation and whether it can be considered a regulatory body in the field of environment or not. In the end, it is concluded that the Department of Environment, despite having a suitable organizational status in the country's administrative law, does not have appropriate regulatory jurisdiction in comprehensive environmental protection, and this challenge can lead to weakness in fulfilling its responsibilities, and improper implementation of existing environmental laws and regulations. However, as a governing body, this organization could, in many environmental issues and within the framework of the laws, pass appropriate regulations to facilitate the implementation of environmental laws and regulations for executive bodies and the private sector, resolve the ambiguities and gaps in the existing environmental regulations and to implement increasing coordination in environmental protection in government institutions. https://www.malr.ir/article_725245.html In Iran, the regulations governing public and state-owned property auctions are ambiguous. Identifying the fundamental principles of the auction system can help resolve this issue. Since legal principles govern all aspects of a legal system, they inherently demand order and regulation. Thus, when determining the legal consequences of auction formalities, statutory provisions should be consulted first. If the law is silent or ambiguous, legal principles provide guidance. A review of relevant regulations shows that three provisions explicitly consider non-compliance with certain formalities as rendering an auction invalid, while remaining silent on others. Three other provisions do not prescribe any legal consequences for violations of formalities. This distinction, along with the designation of a supervisory authority, indicates that the legislator does not treat all auction formalities equally. By analyzing the legal consequences outlined in the only existing auction law, the underlying principles of the system, which serve as a source for supra-statutory rules, become evident. Thus, formalities whose non-compliance leads to auction invalidity are substantive and must always be observed. Other formalities serve as procedural tools to achieve auction objectives and fall under the discretion of the primary supervisory authority. Once the auction is approved, reassessment of these procedural aspects is generally not permitted. Based on Article 167 of the Iranian Constitution and the nature of legal principles, this approach can also apply to auctions of public assets, ensuring adherence to public order despite regulatory gaps. https://www.malr.ir/article_726187.html Despite its advantages and merits, social security protection laws have some gaps and shortcomings that have led to the ineffectiveness of these laws in the present era. Therefore, in the present study, the author, using a library method and a descriptive-analytical approach, examined the "substantive damages and legislative literature of social security protection laws based on human dignity." The results of the present study indicate that: inequality in unemployment protection and discrimination against housewives, discrimination against women in enjoying the pension of a deceased husband are among the most important damages of social security protection laws, which distort human dignity. On the other hand, this law (social security protection laws) has called into question human dignity and status due to the use of some terms such as "labor". In fact, this law has not paid attention to the status of man, which is one of the most important Islamic teachings. Therefore, according to the research findings, it is suggested that the legislator address these shortcomings and gaps by replacing some legal articles that preserve human dignity and status. https://www.malr.ir/article_727151.html Responsiveness principle in Administrative Law serves as a qualitative criterion for the exercise of public officials' powers. In this context, any deficiency or negligence in the fulfillment of duties by public officials leads to a decline in the quality of public services requested by the beneficiaries. This study, using a descriptive-analytical method and library-documentary research, seeks to answer the question of How does Responsiveness realization happen in Administrative Law considering its conceptual framework. Responsiveness principle in Administrative Law in Iran with reference to legal sources such as Paragraph 10 of Article 3 of the Constitution is feasible. The jurisprudence of the Administrative Court of Justice, as the highest administrative judicial authority in Iran, also recognizes general principles of administrative law, including the Responsiveness principle, and its implementation serves as a source for applying this principle. Furthermore, according to Article 174 of the Constitution, duty of the General Inspection Organization of Iran in establishing the proper conduct of affairs is considered as one of the legal sources of Responsiveness to protect citizens' rights. The enforcement of this principle is also inferred from laws, particularly the Law on Administrative Violations, which addresses breaches of this principle. The realization of the Responsiveness principle will lead to an increase in quality, precision, and efficiency in administrative and executive bodies in delivering public services to citizens, thereby achieving the goal of "establishing a proper administrative system" as envisioned in the Constitution. https://www.malr.ir/article_727152.html One of the new mechanisms in the field of social insurance, which entered the Iranian legal system for the first time with the approval of the Insurance Records Transfer Law in 1402, is the "aggregation pension" mechanism. Considering the favorable effects that the establishment of this pension has on the insured and the ambiguities that exist in the field of " aggregation pension" in the aforementioned act and its regulations, the current article, using a descriptive-analytical method and based on library studies, has examined the concept, principles, conditions and processes of benefiting from "collective pension" in the Iranian social security system. The findings of this research indicate that respecting acquired rights and the principle of fairness are the most important foundations for the emergence of " aggregation pension" and benefiting from this pension has conditions, the most important of which are willingness and submitting an application; entitlement to benefit from a pension in the destination pension fund; survival of insurance records; lack of overlapping insurance records and lack of insurance relationship with the pension fund of origin. In addition, to establish this pension, it is necessary to comply with the application submission processes; review and verification of conditions by the destination pension fund; calculation and deposit by the origin pension fund and establishment of the pension by the destination pension fund. https://www.malr.ir/article_728452.html Supervision is one of the key concepts of modern public law, and in Iran, since the establishment and the acceptance of constitutionalism, this concept has gained serious legal relevance. As such, in the research literature of this discipline, various works have dealt with it, from different aspects. However, by consider iranian the public law literature, we realize that the concept of supervision is facing “Serious” ambiguity and confusion. Therefore, in this research, in order to address the reasons for this confusion and express the characteristics of the concept of supervision, we raised the question of how supervision should be understood as a concept in public law? And with the method of analytical critique, which is a more focused form of critical analysis, while critically examining the relevant research literature, we taken the concept of supervision as a Essentially Contested, Clustered, and Functional Concept. In this study, emphasizing that part of the ambiguity of the concept of supervision is natural, the diversity of application and equivalent institutions, the duality of legal-jurisprudential literature, the social and institutional nature of the concept of supervision, the lack of recognition of the relationship between term-meaning, and the lack of attention to the conceptual characteristics of supervision were raised as reasons for the confusion of this concept in the Iranian public law literature. https://www.malr.ir/article_728981.html چکیده مقاله حاضر با هدف تحلیل حقوقی سازوکارهای نظارت حاکمیت بر شرکتهای تعاونی انجام شده است و در پی پاسخ به این مهم میباشد که ارتباط مفهومی دو اصطالح حمایت و نظارت توسط حاکمیت بر ارکان شرکتهای تعاونی، چه ثمرات عملی را از باب وظیفه حاکمیت در پی خواهد داشت؟ ماهیت نظارت حاکمیت بر ارکان شرکتهای تعاونی چیست و چه تأثیری در بهبود وضعیت و عملکرد تعاونیها خواهد داشت؟ و آیا حمایت و نظارت حاکمیت بر تعاونیها، منجر به دخالت در امور آنها میشود؟ یافتههای پژوهش حاکی از آن است که نظارت دولت بر شرکتهای تعاونی، به عنوان یک عامل کلیدی در تحقق اهداف اقتصادی و اجتماعی این نهادها شناخته میشود. این نظارت، شامل چندین جنبه از جمله نظارت قانونی، مالی، بازرسی و ارزیابی، آموزش و مشاوره و حمایت از حقوق اعضاء است. به طورکلی، نظارت دولت بر شرکتهای تعاونی، به منظور افزایش شفافیت، پاسخگویی و کارآیی تعاونیها صورت میگیرد و به توسعه بخش تعاون در اقتصاد کشور کمک میکند. واژگان کلیدی: شرکت، تعاونی، نظارت، دخالت، دولت، حاکمیت، شفافیت https://www.malr.ir/article_728991.html The applications of artificial intelligence in all aspects of social life are obvious and do not require arguments. Artificial intelligence is always used by various organizations and institutions to achieve their goals and qualifications. In the meantime, administrative courts are no exception to this and use artificial intelligence to resolve administrative disputes. The newness of artificial intelligence has led to different views on the nature of artificial intelligence. The purpose of this article is to explain the legal foundations of civil responsibility resulting from the use of artificial intelligence and to speed up the affairs of citizens, while examining all the theories proposed about the nature of artificial intelligence and also applying the well-known principles of civil responsibility to the area of ​​discussion. The result obtained is that the best and most realistic theory is to consider the product of human creation and artificial intelligence as an animal.an animal.an animal. https://www.malr.ir/article_729142.html Practical challenges facing the application of federal and regional government powers based on the Iraqi constitution abstract In the constitution of Iraq, the federal system is recognized. The constitution has considered various powers for the implementation of the federal system, and based on the principle of division of powers and responsibilities, coordination and balance between the federal government and local governments is established. In this work, he examines the problems and issues arising from the competences of the constitution, such as the conflict in the competence, and discusses the interpretation and implementation of the relevant principles. The main question that this research seeks to answer is the existing challenges regarding the competencies of the federal government and regional governments in Iraqi law. The results of this research show that the Iraqi federal system is facing many problems to achieve a balance between federal and regional authorities. The results of this research show that there are suitable solutions to solve this problem, which are: solving conflicts with Baghdad, correct implementation of the Iraqi budget law, determining the administrative boundaries of the Iraqi Kurdistan region, implementing the principle of democracy and separation of powers. in Iraq The research method in this article is descriptive-analytical and the library method was used to collect the sources. Key words: federalism, constitution, exclusive jurisdiction, joint jurisdiction, Kurdistan Region. https://www.malr.ir/article_730919.html The current research has evaluated the solutions to the problem of air pollution to benefit from clean air in Iran with a descriptive-analytical method. The increasing progress of air pollution and its harmful effects and results on various areas, especially the life and health of people, and the lack of positive results from the approval of various laws and regulations in this area, show the necessity of reviewing the current method of dealing with this problem; Because some countries have been able to achieve success in dealing with air pollution by adopting appropriate and efficient policies. Based on this, before any other measures to deal with air pollution in Iran, the government should take agenda setting to address this problem and its solution should be prioritized by all government elements, and then appropriate policies should be adopted and implemented in this area. The most necessary action based on the findings of this research is to create a regulatory institution with standards and compliance with the necessary principles to regulate this area using appropriate tools and to be effective in preventing and compensating the negative environmental consequences of activities with appropriate supervision. https://www.malr.ir/article_731584.html The principle of the rule of law is one of the fundamental principles of administrative law. Every legal and political system needs to apply the principle of the rule of law throughout the administrative system in order to promote and develop. The aforementioned principle has been examined from two aspects: formal and substantive. In some cases, the rule of law is challenged in terms of the form and nature of the law, meaning that the statutory law does not have the necessary conditions for government, but in other cases, the rule of law faces challenges in terms of substance and the political and administrative system does not have the necessary conditions for the application and application of the law. But the main issue is what components and characteristics does the rule of law have and what is the guarantee of its implementation in administrative decisions? In administrative law, due to the mandatory nature of laws, violation of the aforementioned principle is faced with the guarantee of the implementation of the decision's invalidity or, in other words, nullity. In this article, the author will refer to the explanation of the issue in a descriptive and analytical manner. https://www.malr.ir/article_731586.html The rule of law is one of the fundamental principles of administrative law. Every legal and political system needs to apply the principle of rule of law throughout the administrative system for promotion and development. The mentioned principle has been examined from two dimensions, form and substance.In some cases, the rule of law is challenged in terms of form, form, and character of the law, in the sense that the subject law does not have the necessary conditions for government, but in some cases, the rule of law faces challenges from the substantive aspect, and the political and administrative system does not have the necessary conditions for the application and application of the law;ut the main issue is, what are the components and features of the rule of law and what is the guarantee of its implementation in administrative decisions? In administrative law, due to the mandatory nature of the laws, the violation of the aforementioned principle is faced with the guarantee of invalidity of the decision or, in other words, invalidity. In this treatise, the writer will refer to the description of the subject in a descriptive and analytical way. https://www.malr.ir/article_731587.html Legislation, as the most important tool for realizing the rule of law, has gone through two fundamental experiences in Iranian history: first, the constitutional period (1976-1979), which was the founder of the parliamentary system and the separation of powers, and second, the Islamic Republic of Iran (1979-present), which has organized the legislative process based on Islamic jurisprudential principles. This study, using a comparative approach, assesses the challenges of legislation in these two political systems. During the constitutional period, despite the establishment of the National Consultative Assembly and the acceptance of the rule of law, factors such as foreign influence, royal interference, weak functioning of supervisory institutions, and restrictions on the implementation of laws reduced the efficiency of legislation. In contrast, the Islamic Republic system, with its dual power structure based on the will of the nation and the authority of the jurist, supervision by institutions such as the Guardian Council and the Expediency Council, and the presence of ideological criteria, faces obstacles such as limited independence of the parliament, conflict between religious principles and customary needs, and a lengthy legislative process. The results of the comparative study show that the concentration of power and the existence of structural obstacles are common challenges of the two periods, with the difference that in the constitutional period, its origin is mostly the interference of the monarchy and external factors, and in the Islamic Republic, it is due to internal structures and multi-layered supervision. https://www.malr.ir/article_734700.html Government efficiency, in public law, refers to its competence in advancing objectives within a clear, limited, and proportionate framework of sovereign duties. A legal state, grounded in the rule of law and the protection of individual rights, is efficient when it avoids extensive economic interventions and focuses on its fundamental roles. Accordingly, efficiency is associated with two key variables: first, the quantitative reduction of government size in the form of a minimal state model; and second, the enhancement of governance quality through achieving indicators such as transparency, accountability, and participation, within the framework of good governance. Both variables are directly linked to reducing government economic interventions and thereby provide the conditions for establishing stable legal order and increasing institutional effectiveness. From this perspective, government efficiency is achieved by redefining the role of the state through reducing economic interventions within public law and influencing the capacity of complementary institutions such as the free market and civil society. This study, using a descriptive-analytical method and documentary approach, examines the relationship between reducing economic interventions and enhancing government efficiency based on the two variables of minimal state and good governance, and analyzes their role in strengthening legal order, institutional legitimacy, and balanced governance. https://www.malr.ir/article_734701.html Achieving equitable and sustainable development is one of the fundamental goals of the contemporary international system, as emphasized in human rights and development documents.This research aims to analyze the role and functions of the United Nations Conference on Trade and Development (UNCTAD) in realizing the right to development, examining its capacities, challenges, and limitations. This article raises the question of how effective UNCTAD has been in the practical realization of the right to development? It is believed that, given the context in which UNCTAD was formed in the context of political pressure from developing countries on major economic powers, lack of support from industrialized countries, lack of guarantees for the implementation of commitments, lack of precise definition of the right to development, and dispersion of expectations of member states, it is not possible to speak of the complete success of this institution in realizing the right to development. The findings of this article, which were obtained by using the descriptive-analytical method and reviewing international documents and texts related to UNCTAD's performance, show that although UNCTAD has played an important role in identifying obstacles to development and providing theoretical solutions, due to structural weakness, pressure from dominant economic powers, incoherence among member states, and lack of binding instruments, it has not been able to have a fundamental impact on the global economic system from the perspective of realizing the right to development. Reviewing international structures and strengthening the executive position of UNCTAD are inevitable requirements for the effectiveness of this institution. https://www.malr.ir/article_735927.html The present study was conducted to design and validate a curriculum model based on civil legal literacy education. This applied research is a combination of sequential exploratory (qualitative-quantitative), field data collection (semi-structured interviews and questionnaires), and library studies (books, articles, and reputable websites) were used to compile the literature section of the research. The statistical population consisted of different academic teachers. Cluster random sampling was performed. Content validity and construct validity methods were used to assess validity, and Cronbach's alpha coefficient was used to measure the reliability of the questionnaires, which was 0.87. In the inferential statistics section, the Kolmogorov-Smirnov test and SPSS version 26 software were used to analyze the research data. In designing the model and determining the effectiveness of the variables, path analysis tests, structural equations, model fit, and covariance matrix tests were used in Lisrel version 8.80 statistical software. Considering the extraction of 61 subcategories and 5 main categories, an acceptable acceptance was created in the model in which the error caused by the structure was minimized. According to the findings, the education of civil law literacy is completely consistent with the goals of the curricula in different courses. The experts' evaluation of the curriculum model designed in education indicates the acceptability of this model. In addition, the topics extracted for the education of civil law literacy in this study are consistent with the global emphases for civil law education.