Public Law
ALI DEHGHAN BANADAKI; alimohammad fallahzadeh
Abstract
Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. ...
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Universities and higher education institutions are considered as one of the most important centers of science, knowledge and theoretical support for social, legal, political, economic, etc. actions. The quality of the administration and the regulations governing them is one of the most important issues. For this reason, the legislator has recognized the quality of regulation in universities through the many ups and downs based on the constitution by approving Article (1) of the Law on Permanent Decrees of the Development Programs of the country. But The scope of competence of the Boards of Trustees of universities and research centers as one of the key pillars in setting the rules governing universities has been accompanied by ambiguities and shortcomings.In the meantime, the judicial interpretation tool and the way of dealing with administrative proceedings (administrative justice court) with the performance of the university trustees' boards are the way to evaluate, resolve ambiguities and legal gaps.This article answer the question, "What are the legal requirements governing the board of trustees of universities and higher education institutions in the framework of the decisions of the general board of the Administrative Court of Justice?"
This research has reached this conclusion by using the descriptive-analytical method, documenting the opinions of the general assembly of the Administrative Court of Justice; while maintaining the independence of the university and higher education centers in order to prevent the limited interpretation of the authority of the boards of trustees, the general rules and framework governing the approvals of the board of trustees should be established in a precise and transparent manner. The requirements governing the approvals of the board of trustees include compliance with the "principles of the constitution and higher documents", "special laws", "incompetence of delegation", "prohibition of sale of immovable property" and "laws of land use change".
Public Law
amir ahmadi; yaser yousefi
Abstract
In the scientific system of any country, monitoring the performance of faculty members is very important. In case of violation by the faculty members of the university, it is inevitable to investigate their violation as the case may be. According to the law and the executive regulations, the process ...
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In the scientific system of any country, monitoring the performance of faculty members is very important. In case of violation by the faculty members of the university, it is inevitable to investigate their violation as the case may be. According to the law and the executive regulations, the process of hearing the violations of the faculty members is in the initial and appellate administrative board. It is worth mentioning that the investigation of the violations of the faculty members of the Islamic Azad University and the Litigation steps will be based on the regulations of this university. The purpose of this research will be to examine the shortcomings and provide solutions to the principles of fair proceedings with a view on jurisprudence, regarding the process of dealing with the violations of academic staff members of universities and higher education institutions. Qualitative research method has been done using questions. The finding of this research is that the regulations of this field have gaps and deficiencies, which in some cases cause violation of the rights of faculty members in the process of investigation. By examining the law and the regulations on the violations of academic staff members and by asking experts and members of the trial and appeals of disciplinary violations, we can conclude that there are shortcomings and gaps in the process of investigation. Among these cases, it is possible to point out the absence of a lawyer, the lack of documentation and justification of the rulings issued by the board, the non-specialization of the proceedings, the non-attendance of proceedings, the non-publicity of the proceedings, the lack of sufficient mastery of the members of the violation board to the laws which is provided for each solution.
