فصلنامه مجلس و راهبرد
پیاپی 108 (زمستان 1400)

Support for the agricultural sector is an integral part of the agricultural economy and Iran's climate conditions, along with price fluctuations in the production market and exchange rates, have doubled the importance of this support for this sector. In this study, in order to estimate the level of support for producers and consumers of agricultural products in Iran, the indicators of Consumer Support Estimate (CSE), Producer Support Estimate (PSE) and General Services Support Estimate (GSSE) were used and due to the variety of agricultural products, the amount of support for 12 crops, 7 horticultural products and 4 livestock products from 2001 to 2019 was estimated. Following this, the pathology and restructuring of the support sector was discussed based on the opinions of experts. The estimation of the amount of support agricultural production was provided with indicated that producers had paid an average of 162280 billion rials to the indirect tax community, and therefore support for production within this sector was negative. On the other hand, there was considerable consumer support through price suppression and an average of 9090 billion rials was supported by consumers within the agricultural sector. Also, in recent years, due to sanctions, support for the General Services Sector fell to a fixed price in 2011. Furthermore, in some product groups, the existence of high and unfair price margins has affected both consumption and production sectors and the support for both groups has been negative. Expert analysis also reveals the need to reform and change policymaking and the paradigm used in this sector. This study proposes the abolishment of cheap food policies while increasing consumer purchasing power through compensation and direct payments. Support for young farmers can also bring significant prosperity to the agricultural sector.

The criminalization of disturbing conducts in trade processes and the rights of all related persons has always been seen as a one of the methods in which trade processes can be controlled. The Iranian legislator has taken this method into account but there is no criminal-legislative policy which has been enacted to ensure this method is followed.The failure to do so is evident due the vagueness of the definitions of trade crimes, and it is to such an extent that distinguishing these definitions from other definitions, such as economic crimes, is an obvious challenge. It is necessary to provide a clear definition and transparency regarding the criminology, penology and the legal aspects of these two types of crimes: economic and commercial crimes. Then, the legislative policies made regarding these two types of crimes need to take certain principles and requirements into account, if this is not done, the efficiency and productivity of the laws passed will greatly decrease. Thus, by employing inductive reasoning, this study found that the definitions of commercial crimes can be separated from economic crimes and so a definition and framework was clarified. Then, the most important principles of legislative policy regarding  commercial crimes was analyzed, such as realism in criminalization, codification of integrated acts, bringing legal punishments up to date and using legal economic regulations. Finally, it was concluded that any legislation passed regarding commercial crimes should be done with the mentioned principles in mind.

Cultural policy-making is an important part of the public policy-making process and seeks to recognize and promote culture at the community level. Accordingly, cultural policymakers seek to develop cultural fundamentals through conductive guidance and mandatory legal policies. Although the legal effects of cultural policymaking interact with different legal domains, employing criminal law and the criminalization system to help adopt cultural policies is the most important method in which to make law-based cultural policies. This is because, via the suppressive means of punishment, criminal law can affect life, property, liberty and reputation. For this reason, this study seeks to explain the process of cultural policy-making in the Iranian criminal system.According to the findings of this study, the ideal premise is to adhere to cultural rights so that in the realm of cultural norms, the principle of minimum criminal intervention and, in the case of attacks on minority groups, the principle of maximum criminal intervention is taken into account. In the Iranian penal system, the criminalization of some subcultures belonging to minority groups conflicts with various cultural rights and the principles of cultural pluralism. On the other hand, the fact that some offensive behaviors towards minority groups are not criminalized within the framework of backward policies shows yet another aspect of the failure of the Iranian penal system in this area. In conclusion, it seems that the centralized political system, the existence of epistemic attitudes, paternalism attitudes and the hegemony of conservative attitudes, are the most important causes for the lack of attention to culture in Iranian criminal policies.

Article 140 of the constitution states that, in the case of ordinary crimes, executives should be tried in judicial courts, and the Islamic Consultative Assembly should be notified. However on issues such as the concept of ordinary crimes, the concept of notification of the Islamic Consultative Assembly, the time taken to investigate allegations, the duties of executives during the trial, and the consequences of criminal convictions to their positions, the constitution has remained largely silent and other statutes do not help to resolve the ambiguities. This article employs an analytical method and has reached the conclusion that the phrase “ordinary crimes” has no particular meaning and that all crimes are included. The purpose of the parliamentary notification is to obtain permission from the parliament to try the executives. There is no need to wait until an executive finishes their term of service, and they can be tried in court and the charges against them can be brought forward. However, while they are on trial, they should be suspended from their relevant position and if found guilty removed from it. Eliminating the ambiguities in this regard requires legislation or the amendment of existing laws and, in some cases, revision of the constitution.

The legal approach countries employ to counter fake news at election times varies. In order to tackle this phenomenon, some countries have a general criminal and civil code. This is mainly due the absence of a law explicitly prohibiting fake news published on social media at election times. In some countries, election laws refer to a ban on broadcasting fake news, but other countries focus on fake news, and relay them on social media or websites. According to the Iranian General Election Policy, the destruction of candidates is illegal. Furthermore, under the label of defamation and spreading disinformation, criminal law has been used to tackle fake news in both parliamentary and presidential elections. Therefore using false headlines or statements in election campaigns or causing election disruption can be investigated. However, given the importance and impact of news on the fate of elections, it is necessary, especially in the case of online news sites or social media, which now play an increasingly greater role in elections, to broaden legal provisions in order to amend electoral laws or to enact special laws to counter fake news during the entire election process.

Soft budget constraints (SBC), which were introduced into economic literature in the 1980s, act as a suitable framework within which the financial conditions of government units can be analyzed; this includes the central government, the local government, and state-owned enterprises. In this article, the different channels of SBC, which exist in Iranian state-owned enterprises, have been identified and the amount of credit allocated to each channel has been analyzed. Evidence shows that, the privilege given to state-owned enterprises in their exploitation of natural resources, especially oil, gas and other such resources, bank loans and other government loans, are among the factors and funding that cause SBC restrictions in these enterprises.A model with a budget data from 382 enterprises was constructed, the results obtained from this model confirm the important role of these funds in financing these enterprises. Also, another model was made to examine the impact of these funds on the profitability of state-owned companies. The results showed that when soft financial funds are increased, the profit made by these enterprises decrease resulting in rent seeking activities in state-owned companies. As a result, widespread financial indiscipline is created, which has damaged the efficiency in these enterprises, reduced financial transparency in them and provided opportunities for economic corruption. They have also caused the stakeholders of these enterprises to lose interest in implementing steps to improve productivity. Thus the results suggest, a plan is required to harden the budget constraints of these enterprises and to reform the processes of government relations. Furthermore, an improvement in the transparency of financial transactions and personnel affairs should be pursued in parallel with the privatization these enterprises.

Due to the present financial crises and turmoil in economic systems all over the world, countries are faced with difficulties in financing higher education. As a result, given the role universities play in the advancement of communities, more attention has been paid to the development and diversification of financial resources in universities.The purpose of this study is to present a model of financial development in universities via the comprehensive content analysis of internal and external studies in this field. This qualitative research was formulated using a cross-sectional method. Thus, by searching for keywords regarding the financial development and diversification of university income sources in both domestic and foreign databases from1990 to 2018, a total of 40 researches were collected. Out of the 40 researches collect, 21 were selected and finalized.Then, after extracting the basic themes, the thematic analysis strategy was applied and in addition to drawing thematic grids, a schematic model of financial development in universities was also drawn. Based on the findings, a total of 10 pre-organizer categories consisting of, good governance, development of legal mechanisms, development of incentives, academic research management, academic finance development, endowment flow development, competitive space development, development of industry cooperation, and culture and human capital development, were identified. The 10 pre-organizer categories along with 28 pre-organizer secondary themes were categorized into 218 basic themes. Finally, the proposed policies for education in the Iranian higher education system were also outlined.

In Iran, non-governmental public institutions are among the types of institutions where various public laws, effects, powers and duties are outlined for. However, the exact meaning of these institutions is unclear in Iranian Administrative Law. In particular, the inconsistency that exists between the definition of non-governmental public institutions in the Public Accounting Law and Public Civil Services Management Law, has caused ambiguity in identifying and defining these institutions resulting in the creation of many practical problems. Therefore, by employing the library method in the descriptive-analytical form, the present article seeks to reread, criticize and analyze the definitions in the above two laws and clarify the limits and examples of each of these two laws in the present legal system of the country. In general, it seems that in the Iranian administrative law system, there needs to be two completely separate definitions for such institutions, each of which is valid in its respective field and where one is general and the other is related to a specific area of finance and accounting. This way some organizations known as non-governmental public institutions are considered to be as such under both of the mentioned laws and some organizations are considered to be so according to one of these two laws.

Financial corruption is one of the most important concerns of any society. This is particularly true for sports organizations, which always have a high risk of corruption due to their broad scope of activity and the scope of their activity within the community level. This article identifies and analyzes the main dimensions and indicators that influence corruption in the Departments of Sports and Youth.  This was done by employing structural-interpretive modeling.This study is a descriptive survey in terms of purpose and data collection. First, the dimensions and indicators of corruption based on literature review, content analysis, comparative research and interviews with experts and identification of experts, were found. Then, using the new analytical methodology and structural-interpretive model (ISM), the relationships between the dimensions and indicators of corruption in finances were determined and integrated. Finally, using MICMAC, the variables were analyzed to determine the impact on other variables.The research findings show that, the factors consist of four levels, where control and supervisory factors, managerial factors and financial advantages are at the contextual level and transparency and policy-making factors are at the top of the model in the organization thus having the least impact on other factors.The results of this study demonstrated, control and supervisory factors, managerial factors, and salaries and benefits paid to employees, can play a significant role in creating corruption.

One of the most important political and economic dangers of the Islamic Republic of Iran is the discussion of sanctions imposed on it. Having a broad insight into these sanctions and prioritizing them in order to find the best strategies is essential. In this article, via an extensive study on the sanctions imposed on the Islamic Republic of Iran, an appropriate ranking of sanctions was done to take appropriate measures according to their degree of effectiveness. The sanctions studied are those imposed from the time of the Islamic Revolution of Iran until now. They include US sanctions, UN Security Council sanctions and EU sanctions. By compiling a questionnaire and referring to the views of 15 experts in the field of economic sanctions, 8 general criteria and 48 sub-criteria related to the sanctions imposed on the Islamic Republic of Iran were developed. In order to rank and obtain results, the Triangular Fuzzy Hierarchical Analysis Method was employed within the MATLAB software. The results of this article showed that, among the eight main criteria, oil, gas and petrochemical sanctions and financial and banking sanctions had the most economic consequences. Furthermore, among the 48 sub-criteria identified in this article, the ban on the purchase of Iranian oil and gas by the European Union in 2012 and the ban on the provision of financial services by international organizations and banks, such as Swift, by the EU in 2012, are priorities and have a greater impact. Therefore, it is necessary to adopt appropriate economic and political policies in accordance with this classification.

As one of the main branches of criminal policy, judicial criminal policy plays an effective role in crime control. This role is played via the responses various institutions of the Criminal Justice System give to crime, the issuance of verdicts, writs, judicial procedures, preventive measures and the application of macro and strategic decisions. Since the second half of the 00s, the Iranian judiciary has been issuing various circulars and directives, some of which are also authorization seeking, and in doing so it has distanced itself from legislative criminal policy and pursued other goals. The stagnation of the criminal process, the encountering of masses of files and cases, and the ineffectiveness of settling claims within a reasonable time, is the main reason behind the tendency towards circular policy, which seeks deviation from the law, diversion, mediation, conciseness, and other alternative remedies.In contrast, using directives such as Article 477 of the Code of Criminal Procedure, judicial-criminal policy has given all persons the right to object to definitive votes. This has created a crisis by helping to open closed lawsuits under the pretext of "clarifying sharia" and increasing the burden on the Criminal Justice System, and thus prescribing a dual approach to overcoming challenges. Without a doubt, policy which allows you to pass from law to directive, restricts the rights of individuals, and not only fails to help solve problems but also exposes the crisis within the criminal policy process.

There have been significant developments in the field of science and technology in Iran in recent years, however, there are many criticisms of the structural problems in its science and technology policy-making system. This research is based on the philosophical paradigm of interpretivism, and its main purpose is to cluster and analyze various discourses regarding the appropriate structure required for science and technology policies in Iran. This was done by employing the Fuzzy C-Means Clustering Algorithm (FCM) and was based on interviews with experts. Thus, the science and technology policy framework based on the OECD model was developed and expanded. The Fuzzy logic used in this research was used for the first time in discourse analysis due to the fact that it is more closely related to the complex and pervasive nature of social sciences. Using a theoretical framework based on the OECD model, the opinions of 50 experts were collected using a questionnaire and analyzed via MATLAB and SPSS. The research findings showed that, the current situation was written in the form of a discourse, but in order to improve the situation, at least two "cooperative participatory discourses" and "intervening participatory discourses" can be drawn out. Furthermore, the institution-task matrix, which brings about the evolution of the institutional structure of science and technology policy in Iran, was outlined. Finally, without attempting to remove, merge, or add an institution, some tasks were assigned to some institutions and some tasks were removed from some institutions.

In the Nuremberg Charter, the crime of ‘persecution’ is known to be a crime against humanity. In addition, since the adoption of the ICC Convention and the gradual recognition of the legal systems of various countries, it is considered to be the greatest crime against humanity in international law in terms of severity and importance. The lack of evidence for this crime has created numerous grounds for its occurrence in the various fields of politics, religion, race, and so on.In domestic law, criminal labels, which are similar to the label of the crime of ‘persecution’ can be found, but do these labels eliminate the need for criminal prosecution in accordance with the Statute of the Tribunal? Moreover, given that Iran has not yet joined the court, can the perpetrator of major international crimes be prosecuted? By analyzing this crime using a descriptive- analytical method, it was established that there is a need for different approaches to this crime, and that the domestication of this crime based on both national and international requirements, is necessary.