Abstract:
The Charter of Citizenship Rights in the administrative system has been formulated to eliminate discrimination, create an accountable and efficient administrative system, promote the level of citizenship rights, enable citizens to benefit from created capacities, and facilitate the realization of the general policies of the administrative system. It is obvious that with the notification of the approval of the Charter of Citizenship Rights in the administrative system and its gradual implementation in executive agencies, especially with subsequent supervision and while people gradually become familiar with their rights in the administrative system, it is hoped that the necessary prospects and conditions for reform and transformation in the country's administrative system will be provided. Despite this, drafting such a bill in the Iranian legal system faces obstacles and challenges, among which the lack of clarity regarding the exact position of the government and the judiciary in drafting citizenship rights can be mentioned. Today, in terms of the internal conditions and international position of our country, the necessity for transformation in the administrative system is felt more than ever before, but designing a desirable administrative system requires reviewing the current situation and identifying its major issues, problems, and challenges. In this research, an attempt has been made to address the issues and problems of citizens in the Iranian administrative system along with the existing challenges in the studied subject and legal resources.
Machine summary:
Although this law has many gaps and deficiencies and only protects some of the rights and freedoms of citizens in judicial affairs and the administrative system, its approval was a step toward stabilizing the idea of citizenship rights in the legal and statutory writings of Iran, so much so that five months after the approval of this law, the Fourth Economic Development Plan, social and cultural Iran, obligated the government and the judiciary to prepare and draft a charter and a bill for citizenship rights, which, despite this bill, faces obstacles and challenges.
In this way, in the system of the Islamic Republic of Iran, the Court of Administrative Justice has also been predicted as the authority for "protecting fundamental rights and freedoms" in line with Article "173" of the Constitution, tasked with "judicial control over government actions"; it bears the grave responsibility of addressing people's complaints and grievances against the decisions and actions of administrative and governmental organizations so that agents do not exceed their limits, duties, and powers, and they promote and guarantee citizenship rights within their scope of duty.
Therefore, the inclusion of citizens' fundamental rights in the constitution and ordinary laws, the necessity of respecting these rights by government agencies, and the existence of competent judicial authorities responsible for handling people's complaints regarding the violation of their rights by government agencies and supervising government agencies in this regard, are all considered criteria for the implementation and guarantee of citizenship rights in any democratic society.