ADMINISTRATIVE LAW
Year:2025 | Volume:12 | Issue:40|Papers Count:7

Based on the results of surveys by international and national authorities on the level of corruption in countries, considering the determined indicators, Iran's rank among 133 countries evaluated is 79. This level of corruption has detrimental effects on the comprehensive development of the country. Although many efforts have been made in Iran to promote administrative health, not much success has been achieved due to the damages caused by administrative health policies. The main goal of this article is to identify the harms of administrative health policies in the areas of policy planning and formulation, implementation, and monitoring of the implementation of administrative health policies, and to design a conceptual model for it. Therefore, for the first time in Iran, this research has examined the components of harms of administrative health policies by utilizing existing theoretical foundations. The statistical population of this study consists of 390 employees and academics in the fields of political science, law, management, economics, etc. in five provinces of the country (Tehran, Golestan, East Azerbaijan, Qom, and Hormozgan) who were selected using multi-stage cluster sampling. The findings of the study show that the following components are confirmed as harms of administrative health policies: 1- Damages related to the formulation of administrative health policies with 17 indicators and an average of 2.43 2- Damages related to the implementation stage of administrative health policies with 19 indicators and an average of 2.43 3- Damages related to the monitoring of the implementation of administrative health policies with 14 indicators and an average of 2.47

An oral contract is one of the contracts that in labor law leads to the establishment of labor-employer relations. Therefore, based on that, the review boards subject to Article 157 of the Labor Law, including the Dispute Resolution and Dispute Resolution Board, declare their jurisdiction in hearing cases. Therefore, considering the protective aspect of labor law in the protection of workers' rights, the conclusion of a contract is considered valid in accordance with the requirements of private law contracts that have no formal requirements, without observing formal formalities such as composition. Although the executive bodies are subject to their own employment laws and regulations, the review bodies of Article 157 of the Labor Law regarding the claims of persons who are employed in the executive bodies regardless of the licenses arising from the employment laws and regulations, accept the competence, if determined. By concluding an oral employment contract, they execute the sentence of the executive body as an employer, whether reinstating the employee or the relevant financial sentence. In this article, by analytical and descriptive method, along with the pathology of the proceedings resulting from the conclusion of such contracts in the administrative system of the Islamic Republic of Iran, its side effects on the executive apparatus are evaluated based on analysis of some votes of the General Assembly.

Paragraph (H) of Article 23 of the Law on the Supreme Audit Court of Iran has included "unfair decision-making by government officials that results in wasting or embezzlement of public property" among the qualifications of the members of the Court of Accounts Advisory Board. Although according to the note of the mentioned article, the possibility of issuing judicial and administrative fines for non-compliance with this rule exists, like other types of non-compliance, it is not clear what "unfair decision-making" is and how it is applied? The keyword "unfair decision-making" is mentioned alongside the "neglect of action" of executive branch officials as reasons for deliberate embezzlement of public property, and they should be defined and described based on the principle of the rule of law. In this paper, using the descriptive-analytical method, it is concluded that the term "unfair decision-making" is not based on a legal rule or standard, and determining legal and criminal liability for government officials based on this issue without new legislation and recognizing its legal aspects will lead to the disorder of the decision-making system for government officials.

As the environmental problems increase during the recent years, it is supposed sometimes that the current organizational status of Department of Environment of Iran (DOE) as the deputy of President is not appropriate to overcome these problems and it is better to upgrade this Department to a ministry. So the question is whether the status of DOE leads to increase in environmental problems, or the other factors build these problems? This study based on a legal analysis method examines the current organizational status of DOE and concludes that the current organizational status of DOE is adequate and there is no logical reason for weakness of its status. Also its current status or being transformed into a ministry does not necessarily lead to dissolution of environmental problems. Finally, based on a dynamic interpretation about the current status of DOE one can conclude that it is just a supervisory organization that in order to better function, requires the suitable supervision and collaboration instruments

According to the constitution and ordinary laws, all citizens have the right to access competent courts. The passing of time is considered as one of the factors preventing this right. This issue has been investigated in detail in the context of private and criminal law researches, but in administrative law researches, this issue has not been addressed much. Therefore, in the upcoming research, this debate will be examined in the light of the opinions of the Administrative Court of Justice. The fundamental question is whether the prohibition announced by the Guardian Council regarding the passage of time in civil lawsuits also extends to administrative lawsuits, or whether public authorities are held accountable based on concepts and principles such as the right to sue. , the rule of law and the protection of citizen's rights as requirements arising from the public matter, should the council's theory be assigned? In the upcoming research, through an analytical and descriptive study, different views on this matter especially; the procedures of the Administrative Court of Justice were reviewed and evaluated. The hypothesis of the research is that the generalization of the passage of time in criminal and legal claims to administrative claims, regardless of their fundamental difference in terms of origin and effects, should be rejected according to the requirements governing administrative claims. The author seeks to resolve the ambiguities of the executives in this regard, so that they can make decisions with more stability and strength in performing their duties related to administrative areas. Public employees and administrative policy makers can benefit from its achievements.

According to the article 18 of the administrative offenses trial law, faculty members and persons subject to the labor law are excluded from this law and will be subject to the relevant regulations. However, the administrative and employment organization of the country by issuing two separate circulars has stipulated that in cases these persons are employed in administrative or managerial positions, the authority for dealing with their administrative offenses is the administrative offenses trial boards of the executive organization of the place of service and their charges will be dealt with according to the administrative offenses trial law. Therefore, the main question of this research is to examine the possibility of determining the administrative offenses trial boards of employees as authority to deal with offenses of faculty members and those subject to the labor law according to government regulations. The present study, with descriptive and analytical methods and using library and documentary sources, after stating the criteria for determining the authority for dealing with administrative offenses in the  jurisprudence of the administrative justice court shows that the determination of the authority to deal with the offenses of faculty members and persons subject to the labor law by the government regulations is unlawful and ultra vires and legislator's intervention is necessary to resolve legal ambiguity.

Bar Association is considered as a professional institution of the legal profession as a public service. As one of the institutions providing public services, this institution has important powers and authority in the legal profession and supervising lawyers. According to the principle of the rule of law and the principle of non-jurisdiction in administrative law, the decisions and approvals of this institution, which are adopted by its members, especially the board of directors, must be within the framework of law. To guarantee this important component, it is necessary to foresee the right to sue for the beneficiaries and the persons affected by the decisions and approvals. On the other hand, in the Constitution of the Islamic Republic of Iran, the Court of Administrative Justice is provided as a specialized judicial authority in the body of the judiciary to deal with complaints and objections to the decisions, actions, and approvals of governmental institutions. The issue of this article is the possibility of appealing the decisions and approvals of the Bar Association in the Court of Administrative Justice from the perspective of the standards of iranian administrative law, which has been tried to be solved analytically and with a critical approach. Although the precedent of the Court of Administrative Justice indicates that it doesnt consider such authority for itself, the findings of this research show that the standards of the Constitution, the legal nature of the Bar Association, and the proper guarantee of the right to sue for the beneficiaries and citizens require the Court of Administrative Justice To be recognized as the original authority for dealing with lawsuits from the approvals and decisions of the Bar Association.