@article{ author = {}, title = {Mechanisms and Challenges of Implementing Blockchain Ledger in E-Government Development and its Impacts on the Tax System}, abstract ={Blockchain is a ledger capable of exchanging and storing datas in a decentralized environment. This ledger is capable of storing and executing high-security transactions due to data encryption technology and also has transparency feature for presenting these transactions to the public. The features of this ledger make it possible for e-government development to lead to positive impacts on decision-making and voting in government or non-governmental organizations, elections and referendums, information registration, government contracts or state or corporate governance. Supervise the payment of government employees' salaries and electronic transactions in monetary markets. However, the implementation of this ledger in the legal system faces challenges such as the capacity of data storage of electronic messages, the immutability of the Blockchain, the dangers of using electronic tools and the validation of virtual currencies and digital tokens. Implementation of this framework in the field of taxation can also have effects such as identifying taxpayers and facilitating and accelerating tax evasion or taxation. Of course, this process is subject to some regulatory and enforcement policy, including the requirement to obtain digital signatures and conduct electronic transactions in the context of blockchain}, Keywords = {}, volume = {6}, Number = {19}, pages = {9-33}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.9}, url = {http://qjal.smtc.ac.ir/article-1-423-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-423-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Clarifying Legal Position of Decision-Making Bodies in Iran Science, Research, and Technology System}, abstract ={The main purpose of this study is clarifying legal position of decision-making bodies in Iranian science, research, and technology system. Several bodies are engaged in plicy-making in Iranian higher education system; for example, the Ministry of Science, Research, and Technology or Iranian Supreme Council for Science Research & Technology. In such context, clarigying the position of different component of this system will help better understanding of Iranian higher education, as well as decreasing conflict of these components’ role in policy-making. To achieve this purpose, required data are gathered through library research methodology, which is one of key methods in qualitative approach. The findings show that there is no a transparent and clear definition of science, research, and technology system in legal documents. Supreme Leader General Policies, Iran's 20-year vision plan, The National Master Plan For Science and Education, and the Law of Goals, Structure, and Role of Ministry of Science, Research, and Technology are among the most important top-level policy and legislation documents which comprise the structure of Iranian science, research, and technology system. In additions, bodies that have a role in this system are generaly affiliated to Supreme Leader’s Office and and the government. However, the Legislature and Judicial departments have no a significant role in the system. Decision-making bodies in this system including Supreme Leader’s Office, Supreme Council of the Cultural Revolution, Iranian Supreme Council for Science Research & Technology, the Ministry of Science, Research, and Technology, and Presidential Deputy for Science and Technology. Also, some institutions have an inconsiderable impact on the system, including Steering Committee of National Master Plan For Science and Education, Management and Planning Organization of Iran (MPO), Iranian Academic Center for Education,Culture and Research (ACECR), and the Academy of Sciences IR Iran.}, Keywords = {Iran, Science, Research, and Technology System, Policy-making Bodies, Laws and Regulations, Policy-Making, Innovation}, volume = {6}, Number = {19}, pages = {35-52}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.35}, url = {http://qjal.smtc.ac.ir/article-1-424-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-424-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Limitations and Requirements of Authorities of Head of the Judiciary about creation necessary organizations in the Judiciary in Legal system of Iran}, abstract ={Administrative independence of judiciary is one of elements of organizational independence of that power in legal system of Iran which contains elements such as Independence in recruitment and organizational affairs. Based on clause 1 of article 158 of the constitution, creation necessary organizations in the judiciary in accordance with responsibilities of article 156 is duty of Head of the judiciary. That clause that has not been changed in reformation of constitution in 1368, was repeated in the law of duties and powers of the Head of the judiciary (1378). Based on paragraph (a) of article 1 of this Act, that authority is relevant to the judiciary and includes both judicial and administrative organizations. Creation judicial and administrative organizations have administrative and financial recruitments. Considering organizational independence of judiciary in legal system of Iran, applying authority of Head of the judiciary according to paragraph 1 of article 158 of the constitution should not depend on discretion of executive authorities about providing administrative and financial requirements of that authority. Of course, there are limitations on authority of Head of judiciary about that subject which have been studied in this essay. General provision in administrative and financial affairs implied that requirements of applying that authority have not been prescribed in legal system of Iran. Relevant rules must be seen in the Comprehensive Administrative and Recruitment of the Judiciary or The Law of Duties and Powers of the Head of the Judiciary or the Law mentioned in article 52 of the constitution.}, Keywords = {Administrative authority, Clause 1 of article 158 of the Constitution, Judicial independence, Article 126 of the Constitution, Seperation of Power }, volume = {6}, Number = {19}, pages = {53-78}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.53}, url = {http://qjal.smtc.ac.ir/article-1-425-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-425-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Good Urban Participatory Budgeting instruction by Looking at the Legal System of Iran}, abstract ={Participatory budgeting is a joint decision-making process during which citizens and local authorities take decisions in the allocation of budgetary resources in cities and may be the best method for transparency in the system of decentralization, where the decision have been assigned to the people's deputies . But it will be argued that this method, due to several problems, including high costs, is applicable, or only argued on a theoretical level. Its advantages and favorable effects compared to bottlenecks ahead As well as the experience of some developed countries in this field that also have desirable effects May indicate the possibility of its implementation in the legal systems of other countries, including Iran. However, attention to some of the articles of the law of Islamic councils shows that its implementation in the legal budgeting system of Iran is not possible with the current predictive mechanisms. Strengthening local institutions, such as councils, and anticipating the necessary legal mechanisms for determining the requirement for participatory budgeting should be at the head of legal reforms in the city budget rules of Iran.}, Keywords = {Budge, participatory budgeting, democracy, participation, consultation}, volume = {6}, Number = {19}, pages = {79-96}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.79}, url = {http://qjal.smtc.ac.ir/article-1-426-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-426-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Joint Interference Pattern of Regulating in Iranian Ports}, abstract ={Because to the changed management approaches of the modern states and outsourcing the non-sovereign activities to the private sector, the role of the state in economy switched from direct interference in market through taking over various functions including employment, ownership, producing and distribution of the goods to regulating the relationship and behaviour of the private interested entities. In this regard,commercial port, as one of the important national and international economic centres, concurs with the modern management evolution.In this descriptive-analytical article, we are to firstly discuss and find out characteristics of the joint interference of state and private sector in regulating the port activities; the concept which is going to find its role and significant place in Iranian commercial ports, and secondly show that, to what extent, the current  structure of public and private joint interference have had the positive effect on this subject.In response, the result shows that, there are adequate legislations that have been adopted in recent years, authorizing the joint state and private interference in providing the port and maritime services. However, due to the lack of precise drawing line in the field of regulating activities in ports and therefore, continuous unexpected involvement of the government in this field, no expected achievement reached. As a result, there is a need to witness changes in this field by using the joint interference pattern, regulating port and maritime activities.}, Keywords = {Regulation, Commercial Ports, Economic Sovereignty, The Joint Interference pattern}, volume = {6}, Number = {19}, pages = {97-123}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.97}, url = {http://qjal.smtc.ac.ir/article-1-427-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-427-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {The role of NGOs in administrative proceeding}, abstract ={The increasing importance of civil society’s participation in various governance practices has necessitated the study of the role and position of NGOs in the administration proceeding. The present paper, featuring a descriptive approach, allows feasibility of the entry of NGOs into the administrative proceeding and considers the capacities of this area. NGOs, considering their aimed public interest in the form of complainant or intervenor can initiate or continue the administrative lawsuit until the outcome is reached and thereby help the judiciary to create a balance between the public interests and individual rights.  They can also provide court information and rules governing the lawsuit as court assistant on the lawsuits and provide a comprehensive picture of the subject under investigation to promote the integrity and quality of judicial decisions.}, Keywords = {administrative proceedings, administrative lawsuit, non-governmental organizations, administrative justice court}, volume = {6}, Number = {19}, pages = {125-148}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.125}, url = {http://qjal.smtc.ac.ir/article-1-428-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-428-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Possibility of administrative independence of free industrial zones in iran}, abstract ={Today, the importance and place of free trade-industrial zones in developing economies in developing countries is undeniable, to the point where governments usually seek to strengthen the legal and economic rights of the regions by adopting specific laws and regulations. In this regard, in many governments, in order to reduce bureaucracy, bureaucracy and accelerate the process of investment and production in free zones, in various forms, such as decentralization, are trying to grant administrative autonomy to achieve the goals of the formation of such areas. But the implementation of administrative autonomy in these areas requires the application of the principles and conditions for the realization of decentralization - an independent legal status, administrative authority and the electoral system. The main question of the article is "Do Free Trade Areas of Iran Have Independence?" The author, in answer to this question, first explains the forms of governments - simple and compound government After pointing out the concept of non-concentration and lack of concentration and their characteristics, as well as the legal status of free zones in Iran's legal system, Which is based on the characteristics and conditions required for the implementation of a decentralized system, such as an independent legal personality (the principle of the freedom of the local units and the principle of the primacy of implementation by local units), trusteeship supervision and the electoral system, although in articles such as Article 5 of the Law on the management of free zones Commercial-industrial Republic of Iran approved by the legislator in 1372 it means administrative autonomy, but in other materials as well as various other regulations, this administrative independence faces challenges and does not meet the characteristics and conditions for achieving decentralization in some cases. Finally, the suggestion is that, in order to achieve the desired goals of establishing free zones, the best management practices can be the tendency to regulate the economic system of regionalism.}, Keywords = {Free trade zone, administrative autonomy, lack of concentration, decentralization, large state}, volume = {6}, Number = {19}, pages = {149-170}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.149}, url = {http://qjal.smtc.ac.ir/article-1-429-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-429-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Identification of Corrosive points in Iranian gas industry (Case study: Mazandaran Gas Company)}, abstract ={The purpose of this study was to identify corrosive points in Mazandaran province gas company. In order to promote the health of the administrative system in the company under study, the first step was to identify corrupted points. By conducting exploratory studies through library research and interviewing, corrosive points in the company were identified from sensitive businesses, vulnerable office Points, vulnerable financial points and operational vulnerabilities. The present research is applied in terms of purpose and is descriptive-survey based on the method of data collection. In order to identify sensitive businesses, documents are used to identify corrupt administrative, financial and operational points first by studying the processes of each unit, and then conducting interviews with the managers and experts of the relevant units and, finally, for quantifying the questions a researcher-made questionnaire was used. In data analysis, Wilcoxon non-parametric one-way tests and Friedman tests have been used to investigate the research questions due to the ranking of the data. Based on the findings of the present study, 79 sensitive businesses, 8 administrative corruption cases,               8 financial corruption points and 5 operational corruption points were surveyed.}, Keywords = {Corruptible Points, Administrative Corruptible Points, Financial Corruptible Points, Operational Corruptible Points }, volume = {6}, Number = {19}, pages = {171-208}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.171}, url = {http://qjal.smtc.ac.ir/article-1-430-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-430-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Features of Powerful Bureaucracy for Law Enforcement}, abstract ={In this essay, we are trying to illustrate that the bureaucracy in Iran lacks the necessary qualities and, naturally, the proper capacity to enforce the laws governing institutional reform. In fact, it seems that, because of the inability of the bureaucracy mechanism, the aim of legislator to approve a set of rules to amend the "institutions" and, in general, the "institutional system", is not to come to an end. In this paper, describing the features of bureaucracy, we explained that the lack of the essential characteristics of the bureaucracy is one of the main obstacles for enforcing the law, and consequently, the establishment of the rule of law in Iran. It has been explained numerous evidences and examples to approve this hypothesis. The most important features of a powerful bureaucracy to implement the law are: (1) integrity: in particular, institutional concentration; (2) conductivity: means the ability to transfer the effect of macro policies to micro levels; (3) coordination: trying to make the decisions and act in harmony in all departments to enforce the law; (4) accountability: as a tool to answer and explain the actions and decisions of an individual or authority to another authority or institution that is required in conjunction with legal, political, and administrative matters. Regarding the numerous evidences and examples, policy makers and legislators need to attend to the bureaucratic capacity of the country in implementing and enforcing the laws in a more realistic manner, considering the capacity of the bureaucracy, in drafting and approving policies and laws.}, Keywords = {Bureaucracy, State capacity, Legislation, Administrative system, Institution. }, volume = {6}, Number = {19}, pages = {209-237}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.209}, url = {http://qjal.smtc.ac.ir/article-1-431-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-431-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {Fundamental principles and Legal resources of land assignment to the private sector in agricultural part}, abstract ={Over the past years, the government has delegated the national land to private-sector actors through the Ministry of Agriculture and its subsidiary organizations to implement agricultural production plans. The assignment is legally always the place of the question.  The Iranian legislator is now subject to a view that considers transferring in exchange for money and with respect for the general interest of the society.Article 45 of the constitution allows the government to administer national lands with public interest and law, so land assignment can be a part of government action. Now the land transfer laws in Iran are divided into two categories: "temporary transfer laws" and "definitive transfer laws".  The first category has a much more effective range than the second one.The definitive transfer in 2010 was removed for a short period of time from Iran's laws, But with the establishment of a new state-owned company, the Agricultural Parks Company, it was regained legal credibility. At present, the definitive transfers of national lands in the field of agriculture are carried out only through this company}, Keywords = {Assignment of National Land, Ministry of Agriculture, Agricultural Parks Company}, volume = {6}, Number = {19}, pages = {239-263}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.239}, url = {http://qjal.smtc.ac.ir/article-1-432-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-432-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} } @article{ author = {}, title = {The Evolution of Managerial Patterns in Public Service; From Classic Public Service to New Public Service}, abstract ={One of the constant themes of political economics, public law and public administration, is limits of government intervention in economic and social affairs. So that different opinions in this regard, has created various schools of thought. Applying the teachings of each of these schools has led to a change in concept and instances of public services. Under the doctrine of laissez-faire and economic liberty, public services can be summarized in the limited sovereignty instances and while emphasizing on minimizing the role of government in economic and social affairs, intervention of government in this limited instances is accepted. Whit practical decline of free economy school and popularity of government oriented teachings of socialism and Keynesianism, instances of public services were developed widely and emphasized the necessity and need of setting public management in them. But crisis of maximal states, recreate the liberal economic patterns in the neoclassical schools form and "new public management" puts privatization of public services and regulation of this market by government on the agenda. Final evolution related with "good governance" theory that by focusing on efficiency criteria, prescribe government partnerships with private sector or market and by providing "new public service" model, puts fundamental and basic responsibility of government to ensure citizens' rights.This paper uses the library method to collect data and then uses the analytical method to provide a perspective of the evolution of the government role in public services administration and finally, has described the conceptual dimension of the new public service.}, Keywords = {Government, Good Governance, Public Services, Public Management, Public Interest}, volume = {6}, Number = {19}, pages = {265-288}, publisher = {مرکز آموزش مدیریت دولتی}, doi = {10.29252/qjal.6.19.265}, url = {http://qjal.smtc.ac.ir/article-1-433-en.html}, eprint = {http://qjal.smtc.ac.ir/article-1-433-en.pdf}, journal = {Administrative Law}, issn = {2821-1561}, eissn = {2383-1863}, year = {2019} }