The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The theorematic ambiguity of substance of the administrative offense of the employee in Islamic republic of Iran

Document Type : Original Article

Author
mohammad vazin karimian
Mohammadvazin karimian, Associate Prof , University of Judicial Sciences and Administrative Services. Tehran, Iran.
10.22034/mral.2023.562031.1380
Abstract
Enacting a comprehensive and contingent law must be based on a theorematic system of the subject of that law. According to this scientific principle, the basic problem of this research is searching the theorematic basis of the Law of Investigating Administrative offenses in Islamic Republic of Iran; specially, the basis of the recognizing some of the behaviors as the administrative offenses. The research, from the view of the aim, is applied, and from the view of the method, is descriptive – prescriptive. In this research, related knowledge and information has been collected from the laws, scientific books and papers and related documents; and analyzing information is according to the logic of the law; specially administrative law. The Law of Investigating Administrative offenses, 1372, without an explicit definition for the correct administrative behavior and standards of it, has a list of administrative offenses (article 8). Analyzing this shortage and searching the negative effects of it, has revealed the necessity of a thorematic system for the subject and reforming and completing the law.
Keywords
administrative offense
administration crime
administrative behavior
administrative employee

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The Journal of Modern Research on Administrative Law
Volume 5, Issue 16 - Serial Number 16
Fifth year, 16th issue, ّ Fall 2023
Summer 2023
Pages 203-226

  • Receive Date 15 September 2022
  • Revise Date 13 December 2022
  • Accept Date 18 January 2023