Supervision of the inspection organization on the correct implementation of the laws and the smooth flow of affairs, emphasizing the principles of separation of competence and independence of the supervisor

Monitoring the power and the institutions that apply it is one of the basic principles of public law, which follows the principle of the rule of law. On the other hand, effective supervision and not symbolic or inanimate and suffering from administrative bureaucracy and similar cases, has requirements and principles that should be given serious attention. Two principles that can be proposed in this regard, one is the principle of accurately determining the competence of the supervisory authority to prevent inaction, parallel work and interference of the supervisor's competencies and duties with similar institutions in the supervisory position, and the other is the important principle of the independence of the supervisor. According to Article 174 of the Constitution, the General Inspection Organization is in charge of monitoring the correct implementation of laws and ensuring the smooth running of affairs in administrative institutions. In order to fulfill this task, the organization is facing serious challenges, including compliance with the aforementioned two principles. Therefore, the current research with an analytical method and relying on library and judicial documents as well as field measures such as conducting interviews with some officials and inspectors of the organization, seeks to find out the challenges facing the inspection organization in the field of separation of competence and independence of the organization in line with Correctly carrying out the mission of monitoring the implementation of laws and guaranteeing the smooth flow of affairs, investigate and criticize in a practical way and with a problem-solving approach, and then make suggestions. For this purpose, after briefly presenting the principles of efficient and effective supervision, the legal requirements of respecting the separation of competence and structural, budgetary and human independence of the organization were stated as the basis of the discussion And then, during a table, the articles of The Law on the Establishment of the General Inspection Organization of the Country and its Executive Regulations were explained, criticized and analyzed in the same fields, and suggestions were Suggestions were made.