سخن مدیر مسئول 37
Pages 1-2
naser seraj
Abstract در شماره جدید از فصلنامه تخصصی دانش ارزیابی، کوشیده ایم ضمن استمرار حفظ تنوع در مطالب، نقطه تمرکز تأکید خود را بر مباحث کلان تر، از جمله دولت قرار دهیم. از آنجایی که واژه فساد در نگاه های مرسوم جهانی در عصر حاضر، به سوءاستفاده از مناصب یا مقام های دولتی برای کسب منافع شخصی، اطلاق می شود، لذا گنجاندن عنصر دولت در بحث های مرتبط با فساد، بی راه نخواهد بود. از این رو، گاه به شکل صریح به بررسی جرایم کارکنان دولت می پردازیم و از تمهیدات قانونی مقابله با آن سخن می گوییم، گاه ساختارها را به آزمون می کشیم و زمانی هم از مباحث جدیدتر در کار دولت از جمله دولت باز و تقویت ابتکارات مقابله با فساد با توجه به این پدیده، بحث می نماییم. امید تهیه کنندگان و نویسندگان این مجموعه تخصصی این است که عرصه ای را برای تضارب آرا و همچنین ارائه تجارب منطقه ای و جهانی در کار مقابله با فساد در حوزه های نظری مبتنی بر یافته های عملی، فراهم آورند و در اجرای این تمهید، از تلاش های همکاران، خوانندگان و علاقه مندان به مباحث ضدفساد که محصول اندیشه و عمل خویش را در قالبی مقاله ای عرضه می نمایند، استقبال می نمایند تا راهگشای فعالان این عرصه باشند.
Innovations of the Criminal Procedure code Conserning specific crimes committed by government employees
Pages 7-28
ali ahmadi
Abstract The specific crimes committed by government employees are crimes that are not expected to be committed by non-employed persons and are based on the credibility of the job and administrative duties of the perpetrator. The crimes of government employees, which have a long history in Iran's law, are of a different nature, depending on the position and responsibility of the state employee, regarding the bill on the establishment of the Criminal Code of the state's employees and the prosecution of public officials at service approved in 1334. Regarding this special jurisdiction, due to the drafting of the Criminal Procedure Code of 1392 and its amendments in 1394, although some cases have been identified, there are some ambiguities that sometimes lead to a variety of legal opinions. However, this special jurisdiction applies if a crime is prosecuted during the occupation. It is also the case when the offense is committed during the occupation and the judicial proceedings are carried out after the employee has been detached. This paper examines the ambiguities of this type of qualification and provides answers to the relevant laws and regulations.
A comparative study of "whistleblower Protection Acts" in selected countries and Iran
Pages 29-46
ayat bagheri babakandi
Abstract Whistleblowers play an essential role in exposing corruption, fraud, mismanagement and other wrongdoings that threaten public health and safety, financial integrity, human rights, the environment, and the rule of law. By disclosing information about such misdeeds, whistleblowers have helped save countless lives and billions of dollars in public funds, while preventing emerging scandals and disasters from worsening. Whistleblowers often take on high personal risk. They may be fired, sued, blacklisted, arrested, threatened or, in extreme cases, assaulted or killed. Protecting whistleblowers from unfair treatment, including retaliation, discrimination or disadvantage, can embolden people to report wrongdoing and thus increase the likelihood that wrongdoing is uncovered and penalised. All global and regional treaties aimed at combating corruption have recognised the importance of whistleblower protection to address corruption, and have introduced requirements to protect whistleblowers. This includes the United Nations Convention against Corruption (Articles 8, 13 and 33), the Council of Europe Civil and Criminal Law Conventions on Corruption (Articles 9 and 22 respectively), the Inter-American Convention against Corruption (Article III(8)), the African Union Convention on Preventing and Combating Corruption (Article 5(6)) and the Arab Convention to Fight Corruption (Article 10). In this paper, we will look at the legal status of the protection of Whistleblowers in Iran and several selected countries, and suggestions will be made to improve and ratify the Whistleblower Protection Act in
A Survey on Methods for Measuring Bribery and Embezzlement
Pages 47-62
mohammad javad haghshenas
Abstract An effective combating with corruption requires knowing its size and aspects. Bribery and embezzlement are two kinds of corruption in most countries, where billions of dollars are wasted for them every year. Therefore, it is important to know the amount of costs incurred for these corruptions. To this end, various methods have been developed by anti-corruption experts to measure and estimate the amount of bribery and embezzlement. Some of these methods are objective but others are based on perception. This paper attempts to introduce various methods of measuring bribery and embezzlement with objective examples from different countries.
Keywords: corruption, measuring corruption, perception, bribery, embezzlement
An effective combating with corruption requires knowing its size and aspects. Bribery and embezzlement are two kinds of corruption in most countries, where billions of dollars are wasted for them every year. Therefore, it is important to know the amount of costs incurred for these corruptions. To this end, various methods have been developed by anti-corruption experts to measure and estimate the amount of bribery and embezzlement. Some of these methods are objective but others are based on perception. This paper attempts to introduce various methods of measuring bribery and embezzlement with objective examples from different countries.
Keywords: corruption, measuring corruption, perception, bribery, embezzlement
Legal Status, Foundation and Structure of the Legal Department of the Judiciary
Pages 63-86
mehran zalipour modab
Abstract The importance and necessity of research on the role of the legal department of the judiciary in determining the punishment stem from the position of the legal department as a guiding source available to judges under the conditions under testing and ambiguous laws. Advisory theories, or the same answer to queries, have a special place among judges and prosecutors as they are conducted in a legal process by experienced judges with long judicial records. Also, since many judges are in the early years after recruitment and are still not sufficiently experienced in judicial work, they have good view for the opinions of the legal department of the judiciary and apply them in a practical manner. This is while the advisory opinions of the Judiciary's legal department are not considered due to respect for the principle of the independence of the obligatory judiciary. In addition, the status and duty of the legal department are not solving the problems related to judicial decision-making as a case. This kind of attitude to the position of the legal department will undermine the status of this institution. In any case, as the number of inquiries is higher, applying the administration's theories becomes more; on the other hand, with the adoption of the Islamic Penal Code in Y T, the most significant developments in the field of punishment have been created and this change substantially reduced the reference to academic resources related to the judicial determination of punishment, and subsequently reference to the guidance theories of the legal department and bureau to resolve the challenges and legal ambiguities became more prominent.
Prioritizing and topic searching of target areas in design and implementation of inspection programs (in order to change the existing situation)
Pages 87-96
habibollah fattahi ardekani
Abstract In the planning discussions of the GIO, effective measures have been taken in both strategic areas and annual programs in recent years. However, the main focus of this process is still on the design of the program through, identifying problems, Target areas, topic searching and determination of the environment. For this reason, recognizing the operational challenges for the pathology and exploitation of the program design process and the implementation of the missions of the organization is important in enhancing the effectiveness of anti-corruption inspections. This paper, by analyzing and evaluating the results of organizational studies and the challenges of the organization's monitoring and inspection programs during the last decade, provides the axes for prioritizing the identification and compilation of topics and hopes to be able to improve the planning process and, as a result, the effectiveness of the organization's activities in both areas of oversight and inspection. The point to be made here is that the present article, with regard to the overcoming of its practical aspect, has tried to address the main topics in summary, in the shortest possible time, with maximum usefulness for its implementation.
The Role of Ombudsman Institutions in Open Government
Pages 97-132
ameneh kashani movahed
Abstract Ombudsman institutions (OIS) act as the guardians of citizens' rights and as a mediator between citizens and the public administration. While the very existence of such institutions is rooted in the notion of open government, the role they can play in promoting openness throughout the public administration has not been adequately recognized or exploited. Based on a survey of 94 OIs, this report examines the role they play in open government policies and practices. It also provides recommendations on how, given their privileged contact with both people and governments, OIS can better promote transparency, integrity, accountability, and stakeholder participation; how their role in national open government strategies and initiatives can be strengthened; and how they can be at the heart of a truly open state.
Keywords: Ombudsman institutions, Open government, Transparency, Accountability, Integrity, Stakeholder participation
Keywords: Ombudsman institutions, Open government, Transparency, Accountability, Integrity, Stakeholder participation
Keywords: Ombudsman institutions, Open government, Transparency, Accountability, Integrity, Stakeholder participation
Investigating the Effects of Improving Government Size and Institutional Quality on Economic Growth In developing and
Pages 133-151
Asghar Mobarak
Abstract In this research, the relationship between government size and institutional quality with economic growth in the framework of a comprehensive and complete model has been studied in relation to other studies, and also with the econometric approach of Panel Smooth Transition regression model (PSTR) as one of the most prominent models regime modifications have been investigated in panel data and are trying to overcome the problems in previous empirical studies. In this research, the simple average of four indicators of economic freedom of the indicators (ICRG), six good governance indicators as institutional indicators, government size, the index of institutions guaranteeing the implementation of contracts and human capital on the economic growth of the countries studied in the period 19951995- was used. After performing the reliability test of the variables, the nonlinear least squares method (NLS) was used to estimate and the results in this group of countries were rejected by the linearity hypothesis, a two-regime with a threshold size of 01625/6251,0/ for institutional quality indicators in The research countries suggest that the results of the research shows that the positive effects of institutional quality indicators, the effectiveness of government size, economic freedom, human capital and other control variables on economic growth in the studied countries, however, are more intense than the thresholds calculated for Indicators of institutional quality are indicators of economic freedom. In addition, physical capital variables in both regimes have a positive effect on economic growth.
