Document Type : Original Article
Authors
1
PhD student in Public Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
2
Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
3
Assistant Professor, Department of Law, Islamic Azad University, Minab Branch, Minab, Iran
Abstract
Good governance is a new discourse that is defined by components such as legality, participation, accountability, accountability, effectiveness and efficiency. Among the components of good governance, transparency is considered one of the most important elements to achieve good governance. Because society has this possibility. to decide on the situation in a transparent and noble atmosphere. Also, in this space, why and how the decisions are made are shown. The current research seeks to answer the question that the realization of transparency in the government penal organization is based on what mechanisms and what challenges are raised in this regard? The results of the research in this regard show that the mechanisms of the penal organization in line with transparency include the free circulation of information, accountability and the use of electronic government tools. Also, the lack of a special procedure for proceedings in the Penalty Organization, the overlapping of jurisdictions between the Governmental Penalty Organization and other judicial authorities, and legal ambiguities and loopholes are among the most important challenges in this field.
Introduction
The government penal organization in Iran is a quasi-judicial institution that is structurally under the executive branch and basically plays an important role in the discussion of government interference in the market. Considering that the World Bank has introduced six indicators for good governance, these six indicators include: 1- The right to comment and respond; 2- Political stability and dealing with violence; 3- efficiency and effectiveness of the government; 4- quality of regulations; 5- The rule of law and 6- Controlling corruption. Asthar is one of these indicators in the scope of a part of the body of a government, and not only the government, but also the legislative and judicial powers have an influence in achieving these indicators. Of course, governance elements can play a significant role in reducing economic corruption, market problems, financial disturbances, etc. When the private sector and civil society are weakened, job creation and competition for political power will be at serious risk, and then lack of motivation will become common among the elites and brain drain will occur. In this situation, not only the people will suffer, but the government and the government will also suffer from this deficiency, considering these important transparency mechanisms and the challenges facing the Punishment Organization as one of the important organizations in the governing body of the Islamic Republic of Iran, which has multiple relationships. And multi-dimensional with favorable governance components is very important
Discussion and conclusion
Transparency is known as one of the most important essential components of good governance, which has been examined from two perspectives, the state of free circulation of information and electronic government in the government penal organization, in order to achieve the goals of transparency, various executive and practical solutions have been proposed. Among them is "guaranteeing the right of access to information for citizens". During the last few decades, most countries have officially accepted the right to access information. In this regard, since July 2016, with the aim of free access of all citizens to the information of public institutions as well as those private institutions that are engaged in providing public services, the "Secretariat of the Commission for Publication and Free Access to Information" system has started to operate. Considering this, based on the information contained in this system, despite the fact that some organizations and institutions have not yet joined this system, fortunately, the Government Punishment Organization is one of the organizations that is a member of this system, and relevant information in this field is accessible. Regarding the status of the State Penitentiary Organization in terms of the establishment of electronic government, it should first be noted that electronic government, as one of the main tools for creating and expanding transparency in the public sector, can be an effective tool in reducing corruption. Generally, the State Penitentiary Organization operates in the context of electronic government slow and the most important part that is related to the issue of electronic government is the filing of public complaints in a system called 135.
Summary
Considering that the government penal organization is one of the most important organizations in charge of the issue of corruption, it is necessary that due to the effective role of transparency in anti-corruption, this matter should be seriously considered in the penal organization, because there is a direct connection between the lack of transparency and There is serious corruption. The studies conducted regarding the evaluation of the state of compliance with the elements of transparency in the government penal organization show that the two main elements of transparency, i.e. the free flow of information and electronic government, have been relatively and acceptably observed and implemented in this organization. is However, the existence of basic challenges can face the realization of transparency in this organization with important obstacles and problems. The investigations carried out in this field show that the most important challenges that can be raised in order to realize transparency in the penal organization are in The area of problems and defects on the structural position of the government penal organization and legislative issues and challenges and the lack of special procedures for handling in the penal organization.
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