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Open Access Article
1 - Assessment of Invalidated Ratifications of Urban Development and Architecture Higher Council of Iran By Administrative Justice Court "from the Beginning so far"
Faride Kulabadi Azam AfsharniaAdministrative Justice Court due to address complaints and objections of the people pleading with state agents or unitsor regulations officially started its work in 1981. Also urban development higher council of Iran established as the highestlegislative authority of ci MoreAdministrative Justice Court due to address complaints and objections of the people pleading with state agents or unitsor regulations officially started its work in 1981. Also urban development higher council of Iran established as the highestlegislative authority of city in the year 1964 with the aim of coordinating programs with urban development duties suchas consideration of approval and regulation city planning. From the beginning of establishment of The AdministrativeJustice Court so far, 60 demands of cancellation of legislation registered and 24 votes has been accepted (40 percent)and led to invalidate ratification. Assessment cancellation legislation and its effects on development of projects and lackof construction like the realization of the public -services-facilities infrastructure, and communication network can be animportant guide to provide essentials of codification of projects and policies.A method that used in this research is practical. The research method is descriptive-analytic. In this article evaluate thereasons for the annulment of decisions of urban development and architecture higher council of Iran and discussed thematter of revocation of approvals approach was evaluated and then proposed solution is presented. In the following, theways to reduce revocation of approvals due to non-compliance legal issues, with the consideration of proprietary rightsof the people were suggested. The study of non-compliance with legislation revocation confusion on the proprietaryrights of individuals and the rights of the people over the years has been gained and revocation of approvals has ledto the attainment of the owners complained.The absence of representatives of economic sectors (Ministry of Economy and Finance) and services (ministries ofeducation, health), and registration of ownership and legal documents, cause some problems. The lack of stable income,in charge of public services (such as lack of funding and credit for land administration, education, health)caused landacquisition and implementation services in the legal deadline and created many problems for the owners and custodians.In this discussion contradicts spectrum of dimensions and influential activities in the arena and city assessment andchallenges caused by the optimistic development plans and construction and solution of the proposal has beenpresented. The results show that the realization of the highest percentage cancellation legislation related to the votesof the commission Article five about license, the separation of classes and increase the effectiveness and change.Reasons for revocation of approvals of urban development and architecture higher council of Iran are:Lack of a central process in the spirit prevailing attitude in planning and urban development plans.Lower incidence rates of maintenance plans and urban development plans approved by the lack of useful informationand at the micro and macro scales.Lack of proper analysis over time due to deficiencies in project management and lack of integrated programs in urbanmanagement system.And finally weakness in determining the amount of the contribution and participation of socioeconomic (sustainablerevenues) in each part of the management of urban spaces that adapt to the real needs of people in urban development.... Keywords: The Ratification of Urban Development and Hrchitecture Higher Council of Iran, Administrative Manuscript profile -
Open Access Article
2 - نقش دیوان عدالت اداری در تحقق و تضمین حقوق شهروندی
رسول یزدانی منوچهر توسلی -
Open Access Article
3 - Explaining and Analyzing Effective Cultural Factors
Meysam shamsyan lila niroomand norooz hashemzehi somaye tajeekConflict in communication usually derives from human thoughts, feeling attitudes, perceptions, and values and It reflects some main traits of the human personality Therefore, some of cultural values and tendency of people or their perception from various situations can MoreConflict in communication usually derives from human thoughts, feeling attitudes, perceptions, and values and It reflects some main traits of the human personality Therefore, some of cultural values and tendency of people or their perception from various situations can cause to conflicts. This article aims to analyze the cultural factors affecting the interpersonal communication of the staff of the Administrative Justice Court. This is an applied research and according to the objectives a survey method has been used. The statistical population consistedof athousand ofstaff member of the administrative justice court of Tehran province.by using the Morgan table 172 samples were selected and analyzed by systematic sampling method. The reliability of data collection tools is confirmed by the crony bronco’s alpha and its validity by using the professors and expert’s comments. The consequences reveal that the amount of interpersonal conflict is in moderate. also the Pearson coefficient shows that between the various cultural factors among variables, there is a significant correlation between the rate of use of internal media, external media and cultural values with the conflict of interpersonal communication among employees. albeit, there was no significant correlation between the amount of social network usage and the rate of interpersonal communication conflicts among employees. The results of multivariate regression model demonstrated that only the use of internal media with beta coefficient (-0.27) and the use of external media with beta coefficient (17.0) had a direct effect on the Manuscript profile -
Open Access Article
4 - The Role and Position of the Administrative JusticeTribunal in Reasoning, Documenting and Justifying the Judgments of the Quasi-Judicial Authorities
parviz hajipour Ali Faqih Habibi Tavkl habibzadeh Today, in addition to the judiciary and courts of justice, there are authorities under the headings ofcouncil, board, commission, etc., which according to special laws deal with some complaints and disputes andlawsuits, one side of which means the government, and More Today, in addition to the judiciary and courts of justice, there are authorities under the headings ofcouncil, board, commission, etc., which according to special laws deal with some complaints and disputes andlawsuits, one side of which means the government, and like courts of justice in nature Issue a verdict and ajudicial opinion. These authorities, which are often supervised by the executive branch and are created with theclaim that the issues are specialized, complex and technical, with the aim of accuracy, speed and accuracy of thefinal decision, both in accordance with some constitutional principles and ordinary laws and regulations. Theruling intellect, logic and custom are obliged to issue their final opinions and opinions in a reasoned, justifiedand documented manner to the laws, principles and legal rules. Otherwise, the Court of Administrative Justice,as the reviewing authority of such opinions, will not give them legal validity and legal existence in order toensure the rule of law and the realization of rights or annulment. In the present article, with regard to examplesof opinions issued by quasi-judicial authorities and the Court of Administrative Justice, the above issue isexamined and analyzed. Manuscript profile -
Open Access Article
5 - Explaining and Analyzing Cultural factors Affecting the Conflict of Interpersonal Relationships (Case study: Staff of the Court of Administrative Justice of Tehran Province)
Meysam Shamsian Leila Niroumand Somayyeh Tajik Esmaeili Norouz HashemzehiThe main source of cooperation, partnership, healthy relationships and non-cooperation and organizational conflict is the human conflict today. Unusual conflict within the organization. Organizations must address the disruptive and disruptive factors in order to maximiz MoreThe main source of cooperation, partnership, healthy relationships and non-cooperation and organizational conflict is the human conflict today. Unusual conflict within the organization. Organizations must address the disruptive and disruptive factors in order to maximize the physical, mental, and intellectual potential of their employees .some of cultural values and tendency of people or their perception from various situations can cause to conflicts. This article aims to analyze the cultural factors affecting the interpersonal communication of the staff of the Administrative Justice Court. This is an applied research and according to the objectives a survey method has been used. The statistical population consisted of a thousand of staff member of the administrative justice court of Tehran province.by using the Morgan table 172 samples were selected and analyzed by systematic sampling method. The reliability of data collection tools is confirmed by the crony bronco’s alpha and its validity by using the professors and expert’s comments. The consequences reveal that the amount of interpersonal conflict is in moderate. Also the Pearson coefficient shows that between the various cultural factors among variables, there is a significant correlation between the rate of use of internal media, external media and cultural values with the conflict of interpersonal communication among employees. Albeit, there was no significant correlation between the amount of social network usage and the rate of interpersonal communication conflicts among employees. The results of multivariate regression model demonstrated that only the use of internal media with beta coefficient (-0.27) and the use of external media with beta coefficient (17.0) had a direct effect on the conflict of interpersonal communication. Manuscript profile -
Open Access Article
6 - Feasibility Study of Monitoring the Approvals of Public Non-Governmental Organizations in the Court of Administrative Justice
mohammad naderifard mohammadreza mojtehedi aboltazl ranjbari -
Open Access Article
7 - The role of experts in the field of Islamic law in the realization of administrative justice
Mohammad Habibi Faramarz AtrianIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the ev MoreIn Islamic law, the opinion of experts is widely considered and in various chapters of jurisprudence, the opinion of experts is widely cited and numerous examples of specialized issues in which it is necessary to refer to experts have been presented. According to the evolution, development and progress achieved in this regard, the proof of some issues has become very complicated and their diagnosis requires special expertise which by providing technical and specialized information, the truth of the matter becomes clear from this. It is very important to refer to experts in order to conduct research and discover the truth in many topics including criminal, legal, family and custom affairs, etc. This research aims to investigate the role of Islamic legal experts in realizing administrative justice. The findings of the research show that based on jurisprudence texts in the Civil Procedure Law and other related laws, referring to an expert and choosing an expert is subject to special systems in criminal matters, as well as Articles 448, 451, 452, 461, 463, 469 of the Islamic Penal Code. Refering to experts according to articles 83, 84, 85, 87, 88 of the procedure of public and revolutionary courts in criminal matters by inviting experts to express their opinions from a scientific and technical point of views and special information and even to attract them in The crimes of disrupting security and public order in case of non-attendance without a valid excuse have been mentioned. Manuscript profile -
Open Access Article
8 - Place and Guarantees of the Principle of Innocence in Islamic and Public Law with Emphasis on the Judgment of the Administrative Justice Court
mojtaba hemmati mehdi zeynalzadeh Amir SarmastiIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is MoreIn Islamic law, in cases of doubt in the presence of the duty and failure to provide evidence of the conduct of the duty, the principle should be based on the absence of the duty and thus not imposing a responsibility on individuals. In the legal term, this principle is based on the requirements of judicial justice and supports the freedom and dignity of individuals. The extent of the principle of innocence is very wide and inclusive than Islamic law but the commonality of this principle in both areas is alesalat ol adam. This article, using a descriptive-analytical method and using library sources, seeks to answer this question: What is place and guarantees of the principle of innocence in Islamic and public law and in the judgments of Administrative Justice Court? Conclusion of this article is that the principle of innocence and its guarantees, as referred to in criminal law, in the field of public law has not been cited by the administrative proceedings authorities and a number of branches of the Administrative Justice Court, in judicial controlling of quasi-criminal administrative bodies, have referred to the guarantees of the principle of innocence and have considered them as one of the principles of fair administrative hearing. According to this principle, one cannot be held accountable or be restricted his freedom without giving any reason; An approach that if pursued extensively and severely by all branches of the administrative Justice Court can improve the performance of administrative authorities and quasi-criminal administrative bodies. Manuscript profile -
Open Access Article
9 - سازوکار نظارت بر نقض اصول مربوط به حقوق ملت در ساختار حقوق اساسی ایران
محمد حسینی داود قاسمی -
Open Access Article
10 - بایستههای فقهی و قانونی تصدی ریاست دیوان عدالت اداری: با نگاهی به قانون فرانسه
rasoul yazdani Manuchehr Tavassoli Naini masoud raeiزمینه و هدف: دیوان عدالت اداری را میتوان یکی از سازو کارهای کنترلی و نظارتی مهم جلوگیری از نقض قانون اساسی برشمرد. در این میان نقش رئیس دیوان عدالت اداری از اهمیت بسزایی برخوردار است. بر این اساس در این پژوهش به این امر می پردازیم که چه بایسته های فقهی و قانونی برای تص Moreزمینه و هدف: دیوان عدالت اداری را میتوان یکی از سازو کارهای کنترلی و نظارتی مهم جلوگیری از نقض قانون اساسی برشمرد. در این میان نقش رئیس دیوان عدالت اداری از اهمیت بسزایی برخوردار است. بر این اساس در این پژوهش به این امر می پردازیم که چه بایسته های فقهی و قانونی برای تصدی ریاست دیوان عدالت اداری در نظام حقوقی ایران وجود دارد؟ در این راستا نگاهی نیز به قانون فرانسه خواهم داشت.یافته ها و نتایج: برای تصدی ریاست دیوان عدالت اداری بر طبق مر و نص قانون، تنها شرط لازم، سابقه قضایی بیش از 27 سال است. در کنار این شرط، وصف دیگری در متون قانونی مطرح نشده است. اما در سپردن صلاحیتها و بیان شرح وظایف ریاست این دیوان، بنظر می رسد تصویری که قانون گذار از ریاست دیوان در ذهن داشته است، علاوه بر تبحر حقوقی و قضایی، تخصص فقهی و مدیریتی را نیز در خود جای می دهد. این مقاله با بررسی متون قانون از جمله آیین دادرسی و تشکیلات دیوان عدالت اداری، قانون نظام هماهنگ پرداخت و قانون مدیریت خدمات کشور، و نیز با تفسیر ماهوی از اصل حاکمیت قانون، در کنار استفاده از قواعد و اصول فقهی همچون قاعده منع تقدیم افضل بر فاصل، به این نتیجه می رسد که سکوت قانون در بیان شرایط فقهی و مدیریتی لازم برای ریاست دیوان عدالت اداری، از الزام در نظر گرفتن این صفات برای انتصاب افراد به این منصب نمی کاهد. Manuscript profile -
Open Access Article
11 - H
مهتاب چاقمی خیرالله پروین اسدالله یاوری -
Open Access Article
12 - مفهوم صلاحیت گزینشی درآرای دیوان عدالت اداری
وحید بابازاد اسداله یاوری -
Open Access Article
13 - نقد و بررسی رأی شماره 146-29/11/1373 هیئت عمومی دیوان عدالت اداری در خصوص صلاحیت دیوان عدالت اداری جهت رسیدگی به شکایات شرکتهای وابسته به بنیاد جانبازان و مستضعفان
علی انصاری سیدمحمدهادی راجی -
Open Access Article
14 - نقش دیوان عدالت اداری در توسعه و حمایت از حقوق بشر
قدرت اله نوروزی -
Open Access Article
15 - Analysis of changes in the social structure of interpersonal relationships with emphasis on social factors
Meysam shamsyan Lila niroomand Somayeh Tajik Ismaeili Nourouz HashemzehiOrganizations are the most important communication institutions that people are often able and willing to talk to each other. Communication is a process based on interdependence in which each person's behavior is the result and message of another behavior. Interpersonal MoreOrganizations are the most important communication institutions that people are often able and willing to talk to each other. Communication is a process based on interdependence in which each person's behavior is the result and message of another behavior. Interpersonal communication is a key factor in organizational success. Interpersonal communication can be established verbally-non-verbally as well as formally-informally. Attention to the objectives of the research is in terms of survey method. The statistical population includes thousands of employees of the Court of Administrative Justice of Tehran province who used Morgan table to determine 278 samples and were studied by regular sampling method. Reliability of data collection tool with alpha coefficient Cronbach and its validity were confirmed by the opinions of professors and experts. The results show that the level of interpersonal communication conflict is moderate. Also, the results of Pearson coefficient show that among the various social factors, there are three variables. Social participation, social trust and mother's social status were significantly correlated with interpersonal relationships of employees. But there was no significant correlation between father social status variable and interpersonal relationships of employees. Multivariate regression results showed that only social trust with beta (52 / 0-) Reduces employees in interpersonal communication and acts in the opposite direction. Manuscript profile
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