News
Monday, November 11, 2019 8:39:36 AM
Based on the new definitions of offence and corruption in the administrative system the pertained laws and orders have to be reviewed

Jamshid Ansari during a specialist-training session convened by the members of administrative offences investigation board for the ministry of economic affairs and finance and the according agencies: "nowadays the substantial changes in the concept of administrative system, corruption and offence require special attention, otherwise the actions taken in this regard will be useless and won't bring about proper outcomes."

He also added: "disregarding the importance of mission, duties and authorities of the ministry of economic affairs, due to the responsibilities the ministry holds and also the degree of sensitivity associated with the line agencies, investigating the related administrative offences is of an unprecedented significance."

Emphasizing the fact that prevention and fight against corruption is not a new concept in our country, he added:  "when we study the history of fight against corruption in administrative system, there have been wide variety of programs that have been designed and impelemented. In Pahlavid II era, fight against corruption was introduced as an important plan of the regime, the second phase corresponds with Dr. Amini's tenure (1960-1961) and the third phase goes back to Hoveida's tenure (1974-1976) but the actions taken were never influential enough and the there was always a rise and fall in corruption rate in the administrative system.

To argue the reasons why programs to fight against corruption are not functional he added: "there have been common characteristics among these programs, they have been implemented after a phase of economic bloom due to excessive earning of the government. In addition to that there has always been a political aspect to fight against corruption which has overwhelmed the legal or judicial sides and it has played the role in defeating political competitors. As the third characteristics of the programs he mentioned they have been "superficial and temporary".

Based on the supreme leaders command many years ago when he pointed out the importance of fight against corruption, poverty and discrimination, President Khatami's cabinet provided two national programs, namely the program to fight against corruption and the fight against poverty and discrimination. In a session with the supreme leader I emphasized that the only way to fight against corruption is to guarantee that politics won’t shadow the fight, if else, there will be even griever corruption.

Based on experience it is not wise to design programs based on the principals other that temporary reasons, as in public dissatisfaction and social demands. There should be rather more focus on structural and institutional changes and accord fight against corruption with preventive managerial actions.

It's been more than one quarter of a century that the comprehensive administrative offence law was modified; there have been a change in the concept and depth of offence and therefore we need to witness a change in the law and rules and regulations pertained thereof.

Currently there have been two major changes in the concept of administrative system, corruption and administrative offence. If we disregard these changes, any action in this regard will be of no avail. Today administrative system comprises a set of rules and regulations that govern economic, social and cultural affairs. Subsequently, the set of rules and regulations governing the national affairs is a part of administrative system. The human resources, organizational structures, methods and procedures, administrative regulations control and monitoring controls inside and out of the government establish administrative system. Investigating administrative offences is pertained to all these fields. The administrative law contains only rules and regulations regarding offences the employees might commit whereas administrative offences cover a much larger range of offences.

 

The concept of corruption has had a change in meaning, administrative offence is only one manifestation of it. Nowadays, corruption has a definite meaning all over the world, nevertheless we are being defensive and are looking for only a localization of the concept. The worldwide definition of the concept is as follows:

"Any attempt by civil servants to acquire advantages for oneself or others in return for financial earning by "breaking administrative rules or regulations", "changing rules and regulations and administrative principals" to one's advantage or to others', "Failure or refusal of legal duties towards clients or to a client's advantage", "unusual facilitation or acceleration in doing tasks in favor of certain people in comparison with others" are all clear instances of administrative corruption."

He also added: "I believe the administrative and recruitment organization in cooperation with the supreme board monitoring the boards of investigation has to take a serious action in "enhancing" the law pertained to administrative offences, in order to have more authority and independence in fighting against corruption."

He pointed out article 22 of administrative offence law and emphasized that:" due to this article the supreme monitoring board is privileged to review and make decisions regarding the ruling issued by the investigation boards." In other words, the supreme monitoring board is privileged to withdraw all rulings issued by more than 500 investigation boards and issue a new ruling, which is a detriment to the function and position of the primitive boards of investigation. He finally asked the boards of administrative offence investigation to be meticulous in issuing rulings and assure them, except for some suspicious cases, there will not be a change on the votes issued. 



J
I
K
A
B
Powered by Tetis PORTAL