چکیده:
Today, the right to property is not an absolute right, and the legislature can, for some reason, impose restrictions on the right to property. For example, the requirements of the public interest in the protection of the country's cultural heritage can impose restrictions on the right to property of individuals. The government's registration of people's property in the National monuments list has several legal implications, including the rights and obligations of the owners. In Iran, we are witnessing various and scattered laws and regulations in the field of protection and registration of historical monuments and their legal monuments and so far, no independent research has been done in our country on the rights and duties of private owners of registered monuments. In this paper, this question has been answered using descriptive-analytical research method and library data collection method that what are the rights and obligations of private owners of registered monuments? After registering a monument on the National monuments list, it has received numerous legal protections, including physical and technical protection, and a variety of legal protections, as well as rights, obligations, and restrictions for private owners and occupiers, including protection, restoration, and transfer. The idea of the rule of law is a cornerstone of public law in the field of constitutional law and administrative law and has its application. This idea, in addition to its formal and substantive components, means the legitimacy of all decisions and powers of administrative and political officials. However, one of the exceptions to the rule of law is the exceptional circumstances in which, in certain critical situations, the application of the law is suspended and shaken and does not have the quality of implementation under normal circumstances. The main question in the present article is what are the views and perceptions of the exceptional conditions of the constitutional experts in the special period of suspension and emergency of 1979? The Basic Laws adopted the Ninth, Sixty-eighth, Seventy-eighth and Seventy-ninth Principles with the content of exceptional conditions. The authors have come to a descriptive-analytical conclusion that although there were wide-ranging readings with positions of restriction of human rights and freedoms in the Constituent Assembly, the final and majority attitude of constitutional experts is to accept exceptional conditions at different times with a reasonable approach. And he was disciplined.Documented in paragraph 10 of article 3 of the Constitution, establishing a proper administrative system is one of the issues considered by the system of the Islamic Republic of Iran. Undoubtedly one of the most important components of a proper administrative system is prevention of legal anomalies in the executive organs or appropriate and efficient approach with them that ensures the health of the administrative system. In order to achieve this goal, in the Iranian administrative system, in addition to preparing external monitoring, various inter-organizational monitoring methods have been proposed to ensure the proper implementation of laws in the executive organs. In the form of descriptive-analytical research and by pathologizing the status of "Legal" and “Investigation of Administrative Offenses" Units As two effective sources to ensure the rule of law in the organs, It was concluded that the lack of organizational and functional independence for these two units has made it impossible for such units to be effective in performing their duties. Therefore, it was suggested that by redesigning the administrative system of the country, "legal" and “investigation of administrative offenses" units be placed structurally under the Ministry of Justice or the Legal Vice President and be located in the relevant agencies. Obese perspective, anticipating the possibility of proposing a legal deputy or members of administrative misconduct committees by the highest executive to the Minister of Justice or the legal vice president and appointing them can help them coordinate more closely with the executive. The issues concerning to the employment and transforming employment situation are one of the most important issues in the employment law in which dispersed laws and regulations, relevant to the employment, causes ambiguity and deficiency in this area. One type of the employment in executive organizations is through the buying service contract. The terms and conditions governing on this contract and ways of transforming employment situation are considered a problematic issue of employment law in Iran. This article in which an analytical descriptive way has been used, has discussed about the essence, terms and conditions of buying service contract and Its ways of transforming employment situation and then these questions have been answered: What is buying service contract? And based on the laws, regulations and procedures of Administrative Justice Court, how the transforming employment situation will be done? buying service contract is a contract which is concluded directly between the bureau and applicant and the applicant accepts to undertake some certain duties and responsibilities for a specified period of time in return of determined wage provided that employing people in formal or contractual position is not allowed in laws and regulation and the possibility of transforming this employment situation is available only for those who have been employed in accordance with the "Coordination Guidelines for the Use of Human Services Required by the State Apparatus" approved in 1999 but in other ways of hiring based on buying service contract, it is not possible to turn the situation into contractual employment.Administrative police as a concept for maintaining public order was born in French law to secure public security, public health, public tranquility and human dignity. Considering it as a guarantee for rights and freedoms and hence the internal peace in the society would be no exaggeration. It is of great importance to exert judicial control over administrative police’s decisions. The importance is more obvious hereon due to its administrative responsibility and narrowing the scope of rights and freedoms while exercising police authority.Studying the verdicts of French Council of State reveals that incompetence (subjective, territorial and temporal), non-adherence to administrative procedures or violating defense rights are some reasons that may cause the annulation of decisions. Proportionality as a well-shaped principle provides a proper criterion for evaluating legality by deliberating the existence of potential threat for public order and the necessity of decisions.In Iranian law, administrative proceedings are not very well known among the types of proceedings, which is why it is important to produce literature in this regard. The first thing about administrative proceedings is to explain the meaning of it. In the existing literature, some have defined it as a well-known and precise concept without definition, and some authors have defined it as well. Has reviewed and critiqued its definitions It has also provided ten definitions and concepts, and it is believed that the administrative proceedings are essentially Darcy's administration and are subject to review by quasi-judicial authorities and the Court of Administrative Justice.
خلاصه ماشینی:
key words Exceptions to the rule of law, basic principles of administrative law, emergencies, constitutional experts Improving the Status of "Legal" and “Investigation of Administrative Offenses" Units in the Structure of Executive Organs Mohammad Amin Abrishami Rad 1 Hosein Ayene Negini 2 Abstract Documented in paragraph 10 of article 3 of the Constitution, establishing a proper administrative system is one of the issues considered by the system of the Islamic Republic of Iran.
com Legal Analysis of Buying Service Contract for Executive Organizations Personnel with Emphasis on Administrative Justice Court Decisions Mahdi Goodarzi 1 Hamed Karami 2 Abstract The issues concerning to the employment and transforming employment situation are one of the most important issues in the employment law in which dispersed laws and regulations, relevant to the employment, causes ambiguity and deficiency in this area.