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.
Public Law
Ebrahim mousazadeh; Ali Reza Nasrollahi; Mostafa Mansourian
Abstract
Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the ...
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Judicial review, due to its unique features, including the guarantee of coercive executions, has a decisive role in realizing the rule of law and guaranteeing the rights of citizens. The legal system of the Islamic Republic of Iran clearly recognized the category of public rights and interest in the field of administrative proceedings by approving the amendment of the Administrative Court Law (2023). This is the case that with the passage of more than a century of public rights and interests, these rights are still facing challenges in their birthplace, which is the criminal law. The Constitution, as a document containing the highest legal norms, requires public institutions to follow it. The Constitution of 1358 by establishing the "restore" of public rights and interests anf specifying the "duty" of the "judiciary" has drawn up the framework of proceedings in this field. In this way the question that arises in the meantime is "How is the order of the constitutional legislator to restore public rights and interest matters in the administrative proceedings?" The writing with the analytical method and using library sources especially the review of the opinions of the basic founders comes to the conclusion that the restoration of public rights as the duty of the administrative court is accompanied by foundations, criteria and requirements which are centered on interpretation methods. Verbal and practical oriented is not realized.
Public Law
vali rostami; Seyyed Mohammad Mehdi Ghamami; Amirhossein Aslezaeim
Abstract
The nature of local council taxes is not explained in any of the relevant laws and regulations, despite the precedent of Approval, the amounts paid to the government and its direct connection with public rights. As a result, various inferences have been made from this concept, and many tensions have ...
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The nature of local council taxes is not explained in any of the relevant laws and regulations, despite the precedent of Approval, the amounts paid to the government and its direct connection with public rights. As a result, various inferences have been made from this concept, and many tensions have been created between legislators and taxpayers, and a major capacity and power of regulatory bodies have been engaged in this issue. Also, the requirements explained in the lawsuits of the Judicial Oversight Body of the Administrative Court of Justice have not been sufficiently deterrent in reforming this process. Therefore, in line with the answer to the question of what is the concept and the nature of taxes approved by local councils in Iran's legal system, with a descriptive-analytical method and by analyzing similar concepts and trends in legal documents and decisions of the Administrative Court, the nature of local taxes as a concept corresponding to the presentation Direct service to the same source of collection of taxes at the same time or in the context of time before receiving and after receiving taxes, and we found that the element of service is an inherent basis of this nature that the approval of taxes, its sources and place of expenditure is linked to it and in case of non-compliance with the elements of the definition, basically, the imposition of taxes is distorted.
Public Law
Mina Akbari; fatemeh Afshari
Abstract
Legislative authorities have determined a referee called the Disciplinary Council of Construction Engineering Organization to investigate the guild violations committed by construction engineers. From the point of view of the principles of public law, the constitution as well as the views of the Guardians ...
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Legislative authorities have determined a referee called the Disciplinary Council of Construction Engineering Organization to investigate the guild violations committed by construction engineers. From the point of view of the principles of public law, the constitution as well as the views of the Guardians Council, judicial review on this council is necessary. However, the legislator has not specified any competent court as the reference of judicial review on the Disciplinary Council of Construction Engineering Organization. In the judiciary as well, pointing to the non-governmental nature of the Construction Engineering Organization, the Public Board of the Administrative Justice Court has not approved the competency of this court to investigate the decisions made by the Disciplinary Council of that Organization. In addition to, the Public Board of the Supreme Court did not consider the decisions of the Disciplinary Council of the Engineering System Organization to be subject to appeal in courts, citing the word "certainty" authorized in Article 24 of the Engineering System Law. Now the question is what is the legal solution to solve this legal and judicial challenge? Regarding the resulted condition, it is suggested for the Public Board of the Supreme Court to modify its already adopted approach to “the certainty of the decisions of this administrative tribunals” in the new decisions about the united practice; because this approach contradicts the religious, constitutional law, and the staute. Certainty of these rules refers to the certainty of administrative and executive procedure and cannot be generalized to judicial certainty. In the second step, as a long-term plan, the Administrative Justice Court should be recognized as a competent reference to investigate the complaints about the decisions of all the administrative tribunals. This procedure is more adapted to the concept of administrative proceeding. Therefore, with modification of the rules,
Private Law
Koorosh Ostovar Sangari
Abstract
AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and ...
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AbstractOne of the issues raised after the establishment of the Administrative Court of Justice was who can appear as a plaintiff in the Administrative Court of Justice and whether state agencies can appear as a plaintiff in the Administrative Court of Justice. According to the rulings No. 37, 38 and 39 of the Court of Administrative Justice in 1368, state agencies can in no way be present in the branches of the Court of Administrative Justice as a plaintiff. This decision was approved by the General Assembly of the Supreme Court in No. 602 in 1374, but the question was raised that what is the task of the state apparatus in relation to matters within the jurisdiction of the Court of Administrative Justice? In 2007, the General Assembly of the Supreme Court, Decision No. 699, tried to somehow open this deadlock and find a solution to this problem. However, these votes of the General Assembly of the Supreme Court created other problems, hence the vote of unity. Procedure No. 792 was issued in July 2016 and has somehow annulled votes No. 602 and 699. The author believes that vote 972 is a positive development in the separation of powers of the Court of Administrative Justice and public courts.Keywords: Procedural Unity Vote, Jurisdiction, Administrative Court of Justice, Public Court,State.
Public Law
mohamad reza rafeei
Abstract
The "uniformity of the judicial precedent", according to the provisions of Article 161 of the Constitution, is one of the aims of our judicial system. There are various ways to create uniformity of the judicial precedent, including issuance of Decision as a Unified Judicial Precedent. Both the Supreme ...
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The "uniformity of the judicial precedent", according to the provisions of Article 161 of the Constitution, is one of the aims of our judicial system. There are various ways to create uniformity of the judicial precedent, including issuance of Decision as a Unified Judicial Precedent. Both the Supreme Court and the Administrative Justice Court have the legal authority to issue of Decision as a Unified Judicial Precedent, and so far, many of the two chambers have issued Decisions. However, the Decisions as a Unified Judicial Precedent faces many challenges that, given the important position of these Decisions in our legal-judicial system, it is necessary to address these challenges. The first step in achieving this goal is to identify the challenges that are the subject of this paper. The main question of this article is: What are the challenges facing the Decisions as a Unified Judicial Precedent? The results of this descriptive and analytical study show that some of the challenges of this institution are structured in nature, which can be inconsistent with the constitution, the lack of religious and constitutional supervision, the multiplicity of issuers and overlapping subordinates, inaccurate basics of Decisions, Lack of coverage of out-of-Decision conflicts. The unclear timing of entry into force and the extent of their impact on the past can be mentioned. Others are rooted in the functioning of the issuing authority, which points to Non-Sufficiency, Not timely, non-compliance with Choosing more important things, and lack of Strength.
Public Law
ali mohammad fallahzadeh; mohammad najafi kalyani
Abstract
Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in ...
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Most of judgements of the administrative court of justice in relation to the title of " garden" have been issued about the identifying a competent authority for its recognition. In this regard, after the enactment of the law on the reform of the law on the conservation and development of greenbelt in cities in 2009 and the formation of the "Article 7 commission", the court's inappropriate procedure in identifying the "article 12 commission of the land-urban law" as a competent authority for recognition the garden was refurbished. In contrast, and because of misinterpretations of the governing laws, one of the issues that have overlooked by the judges was the attention to characteristics of the "garden" and its nature. The present text deals with the court's different and sometimes divergent procedures on the above issues. Also, the nature of article 7 commission and its decisions to identify the competent authority to overseeing them, as well as the decision-making authority for changing the use of gardens, are other issues besides identifying the competent authority to identify the garden, that form the main concern of this article.
Public Law
Mohammad Hasanvand; mina akbari
Abstract
The high-standing status of the written law in Iran's legal system has been manifested as an obvious and unchangeable affair in the ideas of legal thinkers. However, in the field of administrative law, particularly the law of employment, causes such as politically affected legislative system and non-pursuit ...
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The high-standing status of the written law in Iran's legal system has been manifested as an obvious and unchangeable affair in the ideas of legal thinkers. However, in the field of administrative law, particularly the law of employment, causes such as politically affected legislative system and non-pursuit of scientific and specialized ideas as well as repeated alterations of administrative rules have triggered unstable, dispersive, contradictory and cumulative rules to appear in this field, leading to inefficiency of rules. Law has been weak to play its inherent role as a predictable, regulative and decisive source and has followed diversified procedures of administrative authorities and branches of the Administrative Court of Justice. Among the other things, judges of the Administrative Court of Justice as administrative justice for obligating their adjudication and resolution of cases, have this ability to deal with this inefficiency while acting as judge of the branch, and members of specialized bodies and public bodies. The present paper has aimed to prove the mentioned claim, firstly by describing and naming applications of such laws and secondly by analyzing rules and ideas of the Administrative Court of Justice. The inefficiency of the legislative system in this area and the issuance of judicial rulings in the Administrative Court of Justice have implicitly identified the customary role of judicial regulation for the Court of Administrative Justice and somewhat similar to the position of the Supreme Court in the common law system. It has also promoted the status of the judiciary as the main source in Iran's administrative law system, such as the customary law system. However, the law itself is the first source of Administrative Law in Iran's Legal system.
Public Law
mohsen dehghan; vali rostami
Abstract
Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of ...
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Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.
