Document Type : Applied Articles
Highlights
Legal analysis of the evolution of administrative system of the state registration for deeds and real state property based on judiciary evolution program
In the 20-year vision document of the Islamic Republic of 1404, the Iranian society is depicted as a society with social justice and legal-judicial security. And in the general policies announced for Article 44 of the Constitution, it is emphasized on the sovereign supervision over the implementation of the relevant laws without interfering in the executive affairs. According to the important position and basic role of the organization of documents and real estate registration of the country, the plans compiled in the administrative transformations of this organization must ensure the realization of the organization's internal and external transformation goals.
The current research was conducted in an interdisciplinary legal-management way and in a causal descriptive-analytical method; The information required in this study has been collected through documentary studies (research literature), field studies (questionnaires) and elite interviews, and in two discourses, the root complication is found in the context of legal rules, and then with the approach of optimization and elimination of the cause of occurrence. Obstacles are addressed to the institutional mapping of the transformation plan in the organization.
The purpose of this research is to formulate optimal and efficient mechanisms in organizational and extra-organizational transformations. However, achieving this goal requires answering the question of what role and place do the rules of administrative law play in the results of the organization's administrative transformations?
The findings of the research show that the legal rules as a functional basis in the administration of affairs have raised generalities and the administrative bureaucracy has become one of the efficient obstacles of the administrative system due to legal formalism. The neglect and neglect of the administrative decision-making authority, from the spirit and purpose of the law, has led to conflict of interests and its escalation. For example:
According to the sixth and eighth chapters of the Civil Service Management Law approved in 2016, leaving the organizations free to apply their selection regulations and giving the authority to determine the specialized conditions of professional managers and the amount of necessary acquired points and required employment experience, to the executive body itself, which should only approval of the Supreme Administrative Council; It leads to the taste of examples of meritocracy and causes the intensification of organizational politicization.
And also, according to the eighth and fifth chapters of the Civil Service Management Law, the supervision of the administrative bureaucracy will be limited to observing the maximum allowed in the relevant cases and through the superior authority. This procedure will contribute significantly to the occurrence of maximum bureaucracy, inflation of the organizational body, and false wealth.
Taking into account the bureaucratic authority governing government institutions, this regulatory defect has overshadowed the organization's performance in an organizational and extra-organizational way, so that according to field information, the performance of the document registration organization in a holistic view depends on two issues of the interest rate. People and the quality of the administrative system, which the desirability of registration services with a score of 21.875 out of 100 and the quality of the administrative system with a score of 23.2 out of 100, indicate a significant gap between the organization's performance and the organizational and extra-organizational goals of this institution.
Finding the root of the problems counted by the method of five levels, why?, revealed that the problem of the lack of quality of the administrative system of the registration institution is rooted in the general policies of supervision, and consequently it will cause conflicts of interest, and the problem of the lack of desirability of registration services is rooted in extra-organizational policies. and has led to lack of information transparency.
And according to what was determined from the Judiciary transformation document, the two characteristics of being a leader and central participation in performance are the basis for formulating transformation strategies in subordinate organizations. On the one hand, the ultimate goal of the changes is to fight corruption and make the administrative system more efficient; And since the lack of transparency of information and the occurrence of conflicts of interest are among the main reasons listed for the occurrence of corruption, the strategies of SWAT, based on the calculated factors in order to achieve the goals, can be considered as follows:
4 strategies of SWAT
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Weaknesses: (performance capacity, performance method, information architecture, financial burden of performance, effectiveness of performance)
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opportunity: (digital literacy, technology development, transformational approach, systemic value, cognitive quality)
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Offensive strategy: Smartening to make the administrative system more efficient
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Adaptive strategy: People-centered for the comprehensiveness and dynamism of the information bank
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Threats: (Normal relations, functional competitors, financial resources , Terms and Conditions organizational risk)
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contingency strategy: Intelligence to manage conflicts of interest
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Defensive strategy: Organizational and trans-organizational synergy for information transparency
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Judicial opinion
