JOURNAL OF MODERN ADMINISTRATIVE LAW RESEARCH
Year:2021 | Volume:3 | Issue:8|Papers Count:9

Bureaucracy plays a significant role in the behavior of politicians, government officials and agents. Bureaucracy can always be a security for liberalization indicators and at the same time a threat to any of its variables in the event of corruption. The indicators of liberalization studied in this study are taken from the model announced by the Heritage Foundation under ten headings: trade policies, government financial burden, government intervention in the economy, monetary policy, capital flow and foreign investment, banking laws and Tax laws, wages and prices (plus subsidies), property rights protection, business rules and regulations, and informal market activity are introduced. The purpose of the present study is to analyze the consequences of bureaucracy in the liberalization system of the Iranian economic system with emphasis on these indicators, which explains the existing challenges with a descriptive-analytical approach. The findings of this study show that the economic growth of the country and the reduction of corruption, initially requires the reform of the administrative-organizational structure and the relevant rules and regulations.

Transparency is considered as one of the most important elements of good governance theory. Good governance, according to modern principles of administrative law, requires quick and easy access of citizens to information available to public institutions. People and social institutions should be fully aware of the process of governing the country’ s affairs and the laws and information available in each area. Lack of transparency is one of the main factors in not controlling corruption and increasing administrative and financial corruption in countries. Which is published annually by Transparency International according to the relevant indicators and its report, so it is necessary to create a free media and information space, provide the basis for transparent operation of the governing bodies, including the important institution of parliament and the legislature. It has to do with the fact that in the Iranian legal system, in relation to transparency in the legislative process, only some issues such as publicity of legislation, publication of laws and information of stakeholders (public awareness), and public access to laws as a right have been addressed, while in addition In addition to the above, the realization of transparency in the legislative system of the country requires “ the formulation and implementation of rules of conduct and the implementation of conditional transparency of votes” as well as “ the realization of transparency in order to repeal the laws. ”

One of the steps of municipal budgeting is monitoring the budget enactment. For the appropriate and proper budget enactment, it is essential to define mechanisms to oblige the municipality to implement the budget properly. Due to the deviations that occur in the implementation phase, monitoring the correct execution of the budget is necessary. In the current study, the pertinent laws and regulations in Iran and France regarding the supervision of the implementation of municipal budgets and the way this supervision have been investigated. Some of the supervision methods the two legal systems are equivalent, but the existence of some differences in the two legal systems understudy has led to the use of different methods. Studies reveal that in the French legal system, processes are defined that lead to good supervision over the implementation of municipal budgets, but in the Iranian legal system, there are inadequacies in this regard. By adapting some mechanisms to monitor the implementation of municipal budgets in France, it is possible to address the shortcomings of the process of monitoring the implementation of municipal budgets in Iran significantly.

Upstream oil and gas contracts are the most importantadministrative contracts with technical, economic, social, legal, financial, political, environmental aspectcontracts. Long term and continuous, the need to spend heavy costs and large capital, unknown reservoir and market behavior, high risk and uncertainty and complexity and uncertainty, multidimensionality of the contracted goods (oil and gas), the existence of various private, public and Transnational corporations, governance and government issues, and the public ownership of oil and gas resources in some countries have increased the risks of these contracts and lead to occurrence of accidents and fundamental changes in the contract. In this study, we have examined the fundamental change of circumstance in upstream oil and gas contracts in common law system and Iran legal system. We surveyed the concept and basis, conditions, features and legal effects and consequences of this contractual excuse. The results show that fundamental change of circumstance is recognized as a contractual excuse in upstream oil and gas contracts in these two legal systems. The main criteria in these contracts are continuence of rights and duties of parties and the effects and consequences of Fundamental changes in circumstances should be interpreted and adjusted in accordance with these criteria and the specific characteristics of these contracts and different from general non-oil contracts.

The analysis of the nature of the events that are the source of the effect in the world of law occupies a part of the legal analysis in order to identify and evaluate the conditions and effects that govern it. In this article, with an analytical-comparative approach in the judicial precedent of Iran and the United Kingdom, the compulsory acquisition of land is examined. In British law, the recognition of the nature of compulsory purchase has been analyzed in the field of private law and theories of ordinary contract, quasi-contract, statute contract and the hypothetical sale have been proposed. In Iranian law, some tend to analyze its nature in the field of public law and express the theory of government act, administrative unilateral act and administrative contract. Yet, some analyze it in the field of private law and considered it as a private sale or contract. The conclusion of the discussion shows that the foundation of Iranian law, which originates from sharia, does not accept the analysis based on act of government, which is derived from French law. So analyzing in the field of private law, following such a foundation, supports the owner’ s compensation right adequately.

The implementation process of the Law on Conservation of Use of Agricultural Lands and Gardens is carried out by an administrative authority, and from this point of view, the mentioned process must be in compliance with the criteria and principles of “ good management” . Accordingly, addressing the conditions and process of law enforcement from the perspective of public law is an undeniable necessity. In this regard, in the present article, by descriptive-analytical method, the compliance of current laws and regulations in the field of implementation of the law on protection of agricultural lands and gardens outside the cities with the criteria of the principles of administrative law has been examined and finally it has been concluded that In the laws in question, The principle of legality is observed more than other principles. The principles of presenting the reasons for administrative decisions, access to the file, observing the reasonable deadline are rela-tively observed, and the principles of neutrality and independence, legitimate expectation, appropriateness and hearing are generally not applied, and the principle of compensation to citizens in particular, the Court of Administrative Justice is enforceable. Therefore, the mentioned principles have not been paid much attention and observance, and this shows the need to review and amend the existing laws in order to achieve a more desirable and more defensible process.

Women constitute a large part of the Iranian carpet weaving population, who usually weave carpets at home without an employer and are deprived of compulsory social insurance. The carpet weaving insurance law passed in 2009 gave them the opportunity to use social insurance, but a group of women carpet weavers from the suburbs of Tabriz are being studied who, despite their full-time employment, could not enjoy the support of the legislature. Why not having access to the law is the main question. Qualitative method and semi-structured in-depth interviews were used to collect data. Data analysis with thematic method in the intersectional theoretical framework shows that unequal interpersonal and in-group relationships, structural barriers, cultural and ideological justifications, and the disciplinary and administrative regulation in relation to each other have led to the deprivation of these women from labor rights. Women carpet weavers are marginalized not only because of their gender, but also because of their intertwined status with their location, economic-social class, and age, which even the Iranian legal system seeks to enact laws and regulation to support them, it is not available. The labor law system, with its narrow definition of worker, does not recognize women carpet weavers as workers and does not provide an appropriate mechanism to ensure their access to labor rights. The authors conclude that the persistence of social inequalities even with the enactment of some protected laws by the legal system, such as carpet weavers’ insurance will be better understood by the method of intersectional analysis.

The purpose of this study is to identify and rank the indicators affecting the health of the administrative system with fuzzy Delphi approach in the courts of the northern provinces (legal and criminal courts of Mazandaran-Golestan-Gilan provinces). The Iranian administrative system, despite its modern appearance, is not able to perform the functions of a modern institution in society. Because, failure to achieve organizational goals, low productivity, client dissatisfaction, inadequate administrative health, low job satisfaction, slowness of work processes, administrative irregularities, etc. show traces of unhealthy administrative system in Iran. Due to its nature; It is descriptive and according to the defined goal, it is of practical type and based on the method of doing it, it is a survey. The research community consists of experts and university professors selected and specialized in the field of administrative health system. Data collection tools are interviews and questionnaires and fuzzy Delphi technique has been used. In total, a questionnaire was sent to 50 identified experts and university professors. To determine the sample size, the census method was used, so the number of sample size was 50 and the research sampling method is judgmental sampling and snowball sampling. Achieving the objectives of the research, using the fuzzy Delphi method in identifying 37 main factors affecting the administrative health system, weighting the factors or criteria of the proposed model and classifying them into four general groups within the organization, behavioral, external and regulatory is possible. It was also found that among the indicators affecting the health of the administrative system in this study, intra-organizational factors-regulatory factors-behavioral factors and extra-organizational factors, respectively, have the greatest impact on the health of the administrative system of the northern provinces (legal and criminal courts of Mazandaran provinces). Golestan-Gilan) and in the final model, two dimensions within the organization and behavior have been paid more attention by experts and have more components.