فصلنامه مجلس و راهبرد
پیاپی 115 (پاییز 1402)

It can be stated that at least in the three recent development programs in Iran (fourth, fifth, and sixth), there is a consensus among experts regarding the lack of full enforcement- or the expected enforcement- of legal provisions. It appears that one of the most crucial reasons for the nonenforcement of the program rules is ignoring or not paying enough attention to the enforcement requirements in the process of drafting and approving the legal provisions. The excessive increase of laws is based on the questionable and criticizable belief or assumption that the law represents reality and that the law's approval is a prelude to enforcement. While merely approving the law cannot change the relationships and balances of real relationships; Rather, the law must be approved in accordance with reality and be compatible with the capacities and capabilities of the law enforcers. On the other hand, the expected and definite role of the law is merely to give enforceable character to a document that is prepared on the basis of previous deep and detailed reviews and evaluations, not necessarily changing the behavior of the audience or related relationships. In this article, the requirements of law enforcement were discussed first. Then, taking advantage of Kaushik Basu's comments and within the framework of game theory, some points about the role and contribution of law in reforming the economic spheres are proposed. The success of any law requires taking into account considerations that cannot be provided and available in the traditional theory of the rule of law, as well as the theory of law and economics. In this invitation to rethink the role and contribution of the law with the focus on "research enforcement", several instances of the program laws’ provisions are mentioned, emphasizing on the law of the sixth development program. There are serious doubts about the necessity of approving many legal decrees and the effectiveness of using legal tools to achieve development goals in Iran, and in this sense, a fundamental revision should be made in the formulation and approval of the Future Development Plan (Seventh) Law.

Passing more than seven decades of development planning in Iran's legal system (since 1949), the laws of development programs are still facing problems related to the gap in the effective implementation of their provisions. The text of these laws should contain several requirements to ensure their implementation, in order to be able to ensure partial implementation of the provisions of such laws. Some of the mentioned requirements demand special requirements due to the special nature of the provisions of the laws (being programmatic) compared to other laws. The current research, by adopting the descriptive-analytical method, tries to answer these questions that according to the specific requirements of the laws of the development program, what requirements and mechanisms should be anticipated for the effective implementation of these laws? To what extent has the law of the sixth development plan followed these requirements? The achievement of this article is that according to the hierarchy of legal norms in Iran, it appears that the design of any executive mechanism for program laws requires special attention to the essentiality of establishing coherence and interconnection between the constitution, general policies of the system, development program laws, budget laws, and other relevant laws and government regulations. In the framework of this essentiality, the effective implementation of the program rules can at least be provided through requirements such as the provision of a periodic reporting system for the progress of the program, the provision of the implementation of the programs by the relevant institutions as a factor in determining the credits that can be allocated to that institution, the preparation of necessary documents and enforcement mechanisms, and implementing the provisions of the rules of the development program and... Although some of the aforementioned requirements are foreseen in the law of the sixth plan, due to the lack of proper mechanism design, it has not achieved favorable results.

The aim of the research is to identify and rank the challenges of evaluating development policies in Iran. To achieve this goal, qualitative and quantitative methods have been applied in two stages. In the first stage, evaluation challenges were identified based on the qualitative coding method and existing research and reports, and in the second stage, they were ranked quantitatively by the hierarchical analysis method. At this stage, the data collection tool was a paired comparison questionnaire containing eighteen challenges, which was given to executive and academic experts in this field for ranking. A total of 34 questionnaires were analyzed. The research findings demonstrated "lack of will required to apply the evaluation findings" with a weight of 0.11641, "spirit of non-responsibility and irresponsibility" with a weight of 0.1064, and "negative perception of evaluation and resistance to it" with a weight of 0.0942, which are related to the culture of evaluating development policies, are more vital than the challenges related to technical and informational issues.

Although nearly half a century has passed since the introduction of the concept of "land use" into the Iranian planning system, it is still caught up in five categories of challenges: "epistemology", "legitimacy", "methodology and method", "content" and "feasibility". And the issue of "land development" is also continuously suffering from increasing imbalances and inequalities, inter-sectoral and inter-regional conflicts, destruction of resources, and decay of development opportunities. The challenge of "feasibility" as a missing link in the planning system (and the flow of land use), is undoubtedly the most basic, concrete, and comprehensive of these challenges, which is also an output of other challenges. " Feasibility" is also one of the simple concepts that do not have a consensus definition in the scientific community. However, it should be considered as a process category whose requirements should be considered in all three stages of "pre-drafting", "drafting" and "post-drafting". Therefore, in the current research, the main goal is to explain the concept of "feasibility" on the one hand and pathologically examine the feasibility of the fourth round of land use studies in Iran utilizing the panel method (in-depth interviews with experts, pundits and those involved in the subject) on the other hand. The results revealed that there have been various damages in all three areas of pre-drafting (structural-institutional, legal, and managerial), drafting (conceptual, methodological, and drafting mechanism), and post-drafting (approval, implementation, and monitoring processes) on the flow of land use, which has existed more or less almost in the previous periods and has caused a continued disturbance in the feasibility of land use.

The purpose of this article is to examine the ways to improve governance capacity in the field of effectively encountering social problems and harms, emphasizing the rules and indicators necessary to formulate high-quality legal rulings in this field, because the low quality of legal rulings and non-compliance with the principles of legal writing, despite allocating resources and providing executive facilities, hinders the effectiveness of actions and the realization of the legislator's intentions. Therefore, considering the reflection of the government's social policy in the discussion of encountering social harms in the laws of the country's development program, the main question of the article focuses on the characteristics of a high-quality legal ruling with high enforceability in the country's development programs. From this perspective, first by excavating the documents and scientific resources available in the field of legislation and social policy, the indicators and characteristics necessary for drafting high-quality social provisions in the laws of the development program were identified, and then employing directional content analysis approach, the provisions related to harms were identified. The laws of the fourth, fifth, and sixth development programs were analyzed and evaluated in the framework of the calculated indicators. The findings of the study indicated the minimum observance of the principles and characteristics necessary for the formulation of high-quality and enforceable legal rulings in the field of social problems and harm in the laws of the country's development program.

The government in Iran, similar to other developing countries after the Second World War, considered itself responsible for eliminating the backwardness of the country and tried to eliminate it by designing development plans and implementing construction projects. The huge volume of half-finished construction projects is one of the realities of public sector management in the country. Parliamentarians consider the approval of the public-private partnership bill as a solution to half-finished plans. This research, conducted in a qualitative method, tries to answer two questions by analyzing the opinions of experts: first, can all half-finished projects be transferred, and second, what are the methods of economization of projects for transfer? In this article, the text of the interviews has been coded with open coding software. The analysis results are that there is no general solution for all plans, and in each case according to the background conditions (classification of unfinished plans, the possibility of their economization, etc.), causal conditions (control of the plan's approval), intervention conditions (use of capacities transfer laws, the entry of the privatization organization into this issue, etc.), strategies (preparation of legal prerequisites, preparation of regulations, etc.) and consequences (creating incentives for project managers by creating a method of returning saved resources, etc.) a convenient method for economization and transfer should be designed.

The present study was conducted with the aim of designing a model for the efficiency of subsidies based on good governance and tried to identify the characteristics and elements of a "good subsidy" - a subsidy that is a crystallization of good governance indicators - and explain how they relate to good governance indicators. In this regard, while adopting a sequential exploratory mixed method, firstly, in the qualitative section, using thematic analysis method, theoretical literature as well as opinions of experts related to the subject, which were collected through interviews, were examined and analyzed, and the elements subsidy efficiency or the components of a good subsidy under 9 headings (expert and appropriate policy and program, full targeting of the target community and proper distribution of subsidies among them, transparency and traceability, not creating negative consequences or grounds for corruption, specific time frame, reasonable amount of resources subsidies and their optimal allocation, empowering the beneficiaries and solving the root cause of the issues, managing beliefs and expectations and attracting the participation and cooperation of stakeholders, evaluation and continuous improvement) were identified and while determining how they are related to good governance indicators, the initial research model was drawn. In the quantitative part, to measure the validity of the results of the qualitative part, the initial model in the form of a researcher-made questionnaire was provided to a wider group of experts. At this stage, the average index was used to analyze the experts' opinions, and all the assumed relationships in the initial model were approved by the experts obtaining a score higher than the average of 3. Moreover, the significance of the results was verified using the Chi-square test, and the degree of importance of relationships to each other was confirmed through Friedman's ranking test and the final model of the research was designed.

Increasing transparency in government organizations and institutions' actions increases people's trust, and public participation, strengthens government institutions' legitimacy and acceptability, and aids in building social capital. The purpose of this research is to analyze the strategic drivers affecting the future of transparency in the Islamic Republic of Iran on the horizon of 1414. The current research is both descriptive and analytical, and its methodology is based on a hybrid approach of exploratory design (qualitative-quantitative). After conducting library and literature studies on the subject and interviewing experts, a list of effective factors for the future of transparency was obtained, and by Delphi method, these factors were reduced from 65 to 14. Utilizing the structural analysis method, the cross-effect matrix was designed, and by forming a panel of 20 experts and collecting their opinions about the influence of factors on each other, the data were entered into the matrix. Analyzing the data obtained from the matrix with MicMac software, the influence, impressionability, and effectiveness of each factor were evaluated. Based on the results of this research, five factors were identified: effective supervision of competent organizations; commitment and adherence of officials to religious and revolutionary principles; demands at the general level of society; support for media, a free press; and a free flow of information.

Economic transparency and data governance are one of the most crucial domains of governance that the progress and development of any country depends on it. The policy of economic transparency has always been the focus of the country's economic policymakers during the past years; But so far, no coherent operational measures have been taken in this regard. "Economy transparency and health, and prevention of corrupt actions, activities, and fields, especially in the field of monetary and currency exchange" is a clause of the general policies of the resistance economy, which due to its lack of progress in the country, in order to promote governance in the field of economic transparency, designing a new strategy in the seventh development plan is critical.The main issue of this research is to identify the factors of strengthening economic transparency and effective practical steps in this field. The article is the result of documentary-operational and strategic research in the field of economic transparency according to the requirements of the country and benefiting from global experiences. The findings of the research indicated that improving the transparency of financial events for the government can lead to the shrinking of the underground economy, reducing tax evasion, reducing the budget deficit, providing the possibility of obtaining new tax bases such as regulatory taxes and total income tax, reducing economic corruption, reforming country's support system, fight against smuggling and provide the basis for strengthening domestic production and economic stability. Achieving these goals requires amending the laws and rules governing economic interactions, including the interactions of commercial and non-commercial persons in the field of the country's taxation and banking systems; The most substantial innovation of this research is the detailed design of the components of a system to create a database of the country's transactions based on electronic billing and their corresponding financial transactions. The full coverage of transactions, providing the possibility of preparing a default declaration, as well as the implementation of new tax bases, such as the total income of individual tax, and the capital gains tax, are among the most significant achievements of the article.

Examining the evolution of the environment in the documents of the five-year development plans has shown attention to this category, especially in the sixth development plan; According to Article (2) of the Law of the Sixth Development Plan, the environment has been designated as a special and strategic subject of the plan. Moreover, in the ninth section of the sixth development program law of the country, under article (38), measures for the government to improve the environment are provided. This article, while analyzing the environmental issues using previous studies and receiving the opinions of experts, identified 31 issues in the seven major axes of integrated management of the land, financial and economic mechanisms, social and cultural mechanisms, law and legal mechanisms, monitoring systems and environmental monitoring mechanisms, organizational structure and international interactions and cooperation. In this regard, based on the performance-importance analysis and according to the opinions of environmental experts, fourteen priority strategic issues of the seventh plan have been identified. A strong and firm executive guarantee for the enforcement of environmental laws and regulations, the protection of the country's environmental resources (water, forests, pastures, etc.), the amount of damage caused by environmental destruction in Iran, and the economic valuation of ecosystems and environmental resources have been identified among the priority issues of the seventh program in the field of environment. Finally, Various strategies such as strengthening the monitoring capacity of the Department of Environment, establishing a comprehensive environmental assessment system, improving the integrated environmental monintoring system, proportioning environmental crimes to the destroyed economic value, and strengthening environmental diplomacy have been proposed for the preparation of the seventh plan.