Journal of Legal Research

Journal of Legal Research

The Desirable Position of the Inspection Organization and the Role of People in Supervision in Iran's Legal System

Document Type : Original Article

Authors
1 PhD Student in Public Law, Faculty of Law, Zahedan Branch, Islamic Azad University, Zahedan, Iran.
2 Associate Professor, Department of Public Law, Faculty of Islamic Studies and Law, Imam Sadeq University, Tehran, Iran.
3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Sistan and Baluchestan, Zahedan, Iran.
Abstract
The fattening of the judicial branch has caused this branch to perform its inherent duty. In order for the judiciary to be able to deal with matters of justice easily, it requires agility. By outsourcing the non-judicial duties of this branch and its related institutions, dealing with matters of a judicial nature will be properly handled in this branch. Some of its affiliated institutions should be outsourced from the organizational chart of this authority in order to comply with the correct principle of administrative structure. According to the constitution, one of the institutions related to the judiciary is the Inspection Organization, which is responsible for supervising the executive bodies.In this article, the authors' question is that "Where is the desired position of the organization in Iran's legal system and what is the role of the people in supervision?" The inspection organization is the supervisory arm of the judiciary, but since the supervision of this organization on the executive and administrative bodies also includes the judiciary, therefore the organization's supervision of the judiciary is reduced and becomes a hierarchical supervision. This is a problem for the legislative and executive powers if the inspection organization is placed under them. Therefore, the organization should be outsourced from the chart of the judiciary and added to the sub-group of leadership institutions, or the capacity of the private sector and public institutions should be optimally used based on the provisions contained in the judicial reform document.
Keywords

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Laws and Regulations
 - Administrative Justice Court Law, approved in 2023.
 - Constitution of the Islamic Republic of Iran, approved in 1979, with the latest amendments in 1989.
 - Islamic Penal Code, approved in 2013.
 - Public Rights Supervision and Follow-up Regulations, approved in 2018.
 - National Inspectorate Organization Establishment Law, approved in 1981, with the latest amendments in 2014.
 - Executive Regulations of the National Inspection Organization Establishment Law, approved in 2009, with the latest amendments in 2019.
 - Guidelines for Dealing with Neglect of Legal Duties by Managers and Employees and Preventing It, approved in 2020.
-Support for Whistleblowers Act approved (1399).
-Guidelines for the Formation of Supervisory Bodies Council approved (1391).
-Law on Promoting the Health of the Administrative System and Combating Corruption approved (1390).
Online Sources
- Report of the Head of the National Inspectorate Organization on the follow-up of the orders of the head of the judiciary on August 18, 2021, legal and judicial categorization at: https://www.isna.ir/amp/1400051812977
- Follow-up of the National Inspection Organization on dealing with disruptors in the field of pharmaceutical mafia on September 6, 2021, social group at: https://www.mojnews.com/fa/amp/news-395160
 - Jahed, Shahrokh, The necessity of inter-sectoral inspections by the National Inspectorate Organization, Legal Information Database, 2018, accessible at: https://www.zolfaghari.ir/inter-sectional-inspections/amp/
- Support for corruption whistleblowers according to the report on Tasnim website on October 28, 2020, accessible at: https://www.alef.ir/news/399080607
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