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جایگاه نظارتی سازمان بازرسی کل کشور نسبت به رعایت حسن جریان امور.

Authors :
سجاد افشار
Source :
Public Law Studies Quarterly; Winter2025, Vol. 54 Issue 4, p2573-2593, 21p
Publication Year :
2025

Abstract

Article 174 of the [Iranian] Constitution grants the General Inspection Organization the authority to supervise institutions in terms of implementing laws and the proper conduct of affairs. The concept of supervising the proper conduct of affairs has many ambiguities. Aside from inherent linguistic ambiguities, there are no regulations in practice to determine what constitutes proper conduct, leaving the assessment of this matter solely to the inspectors of the General Inspection Organization. This is particularly significant because the organization can, based on its interpretation of proper conduct, issue binding recommendations to institutions, and failure to implement these recommendations can result in criminal liability for the authorities of those institutions, regardless of whether they agree or disagree with the proposed recommendations. This study employs a descriptive-analytical method to identify the concept and scope of the General Inspection Organization's supervision power over the proper conduct of affairs within the legal system of the Islamic Republic of Iran. Among various solutions, it appears that the best approach is for the General Inspection Organization and the Judiciary to establish standards so that any administrative decision adhering to these standards falls under the category of proper conduct, while decisions outside this process can be reviewed and amended by the organization. [ABSTRACT FROM AUTHOR]

Details

Language :
Persian
ISSN :
24238120
Volume :
54
Issue :
4
Database :
Complementary Index
Journal :
Public Law Studies Quarterly
Publication Type :
Academic Journal
Accession number :
181899115
Full Text :
https://doi.org/10.22059/JPLSQ.2023.347032.3162