Legal Analysis of Post-privatization Oversight Practices (Barriers and Solutions)

Supervision is a systematic, continuous, and uninterrupted care to ensure proper and complete performance of duties and assignments specified in a given domain. It is intended to maximize the goal research coefficient or sightly goals and it can be prognostic or an appointment and posterior or informative. In the constitution of the Islamic Republic of Iran, supervision as a special task has always been an important and fundamental task of the constitutional legislator. Supervising outsourced companies and evaluating their performance is considered as one of the important and integral steps in the privatization process and is one of the most important plans of the privatization organization in the post-outsourcing phase. Certainly, after the implementation process of the outsourcing process, oversight is the most important factor in completing the outsourcing process. Therefore, monitoring the entrusted economic activities and evaluating their performance is one of the most important authorities in the post-privatization phase. In general, post-privatization supervision by the privatization agency is expected to prevent breach of the obligations of buyers as well as to encourage and grant discounts and sometimes penalties and damages to some of them as well as to protect and secure employment and employee rights. To guarantee the success of the privatization and implementation of Article 44 of the general policy in the country, the scope and manner of the exercise of government sovereignty after the transfer of state-owned enterprises to the private sector at different and quite different levels should be specified. This study attempts to address the scope of post-outsourcing oversight in accordance with Article 44 of the General Policy Implementation Act and its related guidelines.