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A Legal Analysis of "Unfair Decision-making" by State Managers in the Context of the Court of Audit's Competencies
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Mohammadmahdi Rezvanifar *   , Zahra Salimi |
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Abstract: (456 Views) |
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.
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| Keywords: Decision, Unfair Decision-making, Public Property, Executive Institutions, Oversight, Accountability |
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Type of Study: Research |
Subject:
Special
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