جستجوی مقالات مرتبط با کلیدواژه "access to information" در نشریات گروه "فقه و حقوق"

Preservation of privacy in its various dimensions is the right of the citizens of a society. On the other hand, the government needs access to financial information, which is reported based on facts, for policy-making and, more importantly, for the implementation of its economic policies. The present writing was compiled with the aim of examining jurisprudential access to real and legal human property information for the implementation of economic programs and policies and in a descriptive-analytical way. For this purpose, in rejecting the government's permission to access citizens' information, three reasons were raised: "no permission in searching other people's affairs", "no guardianship over another" and "inflicting damage on the market". The first and second implications of prohibiting the access to the information of property of the real and legal person's property were accepted provided that an individual jurisprudential view is taken into consideration; but, by using government jurisprudence, these arguments can be rejected and criticized. In order to prove the permission of the government to access the information of assets, four reasons were presented: "refinement of the basis of a ruling (tanqīḥ manāṭ) of the issue of covert monitoring of government officials", "the principle of no harm (lā ḍarar)", "priority comparison" and "use of the authority of the jurist guardianship", of which the last two reasons were accepted as the possibility of setting aside the reasons for prohibition. "Complete implementation of the comprehensive tax plan", "correct distribution of subsidies", "entrusting government privileges to the target community" and "fight against money laundering" are represented as the results of this research.

Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press can be restricted. Some are of the opinion that these two rights are, in fact, not in conflict with each other but rather derived from the same social values seeking to protect each right. Common goals such as flow of cultural ideas or promoting creativity in the society causes interaction and synergy between the two. Idea-expression dichotomy by determining the scope of the copyright and distinguishing what belongs to the public domain, which is not a protected, will ensure a constructive interaction between the two and protects the public interest and dose not restrict freedom of expression. This article will discuss how to strike a balance between the public interest in freedom of expression and the private interests of the copyright owners without undermining the other. Idea-expression dichotomy as a counterbalance between these two rights is the cornerstone of this article.

Public Procurement involves a large amount of government economic activity, and because they are financed from the public budget, the principle of transparency must rule to them. Transparency is an important element in public procurement policy and law. Particularly given the socially significant nature of the system needed for the proper use of public money by all public institutions and commercial companies, the basic principles governing such spending should be well defined, and the most important of these principles is transparency. In all aspects of public procurement the public sector can influence the market structure, affect the competitive process between the market participants, and affect significantly the economic behavior of the participants in procurement processes. As a rule, contracting authorities rely on the competitive environment in public procurement to achieve the most efficient use of their budgets. They are interested in buying goods and services at low prices and of high quality, since their resources are usually more constrained than the needs to be met. In a market economy, an effective competitive process can lead to lower prices or higher quality, or more innovation in the goods or services offered. So transparency promotes competition, guarantees equality and equal treatment prevents corruption and achieves legal certainty. Therefore, one of the most important reasons for legislation in this area is transparency. In general, transparency in public procurement includes six rules: 1. Advertising contracts throughout the country, 2. Establishing competition among tenderer’, 3. Excluding tenderer from participating in the tender only for legal reasons, 4. Observance of time periods in different stages of the tender to ensure the presence of all companies in the tender, 5. Awarding the contract based on the results of the competition based on the criteria mentioned in the law and contract notice, and 6. Informing the decisions about the tender to the tenderer. However, despite the fact those more than two decades, enacting of the public procurement law in Iran, an analysis of this law and its regulations in the light of the rules of the World Trade Organization and the European Union show that public procurement in Iran has many weaknesses in terms of transparency.

Theoretical framework:

This study first of all analyzes the relationship between the transparency principle and other principles of public procurement like equal treatment, competition and integrity. Then, the relationship between the transparency principle and confidentiality and protection of trade secrets is discussed. Finally, we focus on elements of transparency in public procurement like a publication of laws and regulations, documentation, a publication of contract notice and contract award notice, access to all information and documents about the process of procurement and access to verdicts of the judicial and quasi-judicial authorities.

This study attempts to answer the main questions of this research based on the descriptive-analytical method by criticizing and analyzing laws and regulations regarding public procurement with a comparative study of European Union and WTO law.

Analysis of laws and regulations regarding public procurement regulations in the light of the rules of the WTO and the European Union show that public procurement in Iran has many weaknesses in terms of transparency, including the lack of obligation to announce cost in the contract notice, lack of clear criteria on the proliferation of newspapers, lack of obligation to inform qualitative selection, the non-publication of regarding regulations and verdicts of judicial and quasi-judicial authorities and lack of contract award notices. So these elements of transparency there aren’t in public procurement law and its regulation of Iran and these rules should be amended. This situation provides grounds for increasing corruption in public procurements and hurts to integrity of public procurements. In addition to, rights of tenderer might be violated in this circumstance. Therefore, in addition to documenting and protection of tenders’ information, it is necessary to inform the public and access information. In fact, the purpose of transparency and documentation is to make people aware of the events so that they can hold officials and executive bodies accountable based on this awareness. Also, information about tenders is important in terms of tenderers' rights in order to ensure the integrity of the procurement process; otherwise they can use this information to claim the right.So, to make transparent of public procurement process, it is necessary to document and inform this process, publish all laws and regulation, publish contract notice and contract notice and all information and documents about the process of procurement and verdicts of the judicial and quasi-judicial authorities is accessible. It should also be noted that transparency governs all stages of the public procurement process and that information about that must be equally available at all times.

Conclusions & Suggestions:

According to Findings of this research is necessary to codify and amend the relevant laws and regulations: contracting authorities are required to announce the cost of the transaction in the contract notice; Instead of publishing public procurement in newspapers, they should all be published in a single official system or journal; Qualitative selection criteria should be announced in the contract notice; The verdicts of the judicial and quasi-judicial authorities should be published in this regard and the contract authorities should be required to publish the contract award notices.

Free access to information is one of the most essential tools for promoting transparency and improving governance. Among the various types of information, budget information is becoming more important because it contains the content of the most important financial document of the country, and access to such information is one of the most important indicators of transparency in the budget. Different countries have designed mechanisms in their legal system in order to realize this concept.Regarding the importance of this issue, the main question of the present study is what mechanisms exist for the realization of the right of access to budget information in the legal system of Iran and the European Union?In the legal system of the Islamic Republic of Iran, the publication of the primary budget bill, changes in the parliament, the views of the Guardian Council and, ultimately, the publication of the budget law and the report of the liquidation of the Court of Auditors, are the most important mechanisms that have not fully ascertain, the right to access budgetary information. In the EU, most of the information and documentation on budgeting and its implementation is available online and transparently in the central database and national websites. However, there is no unique access point to which all documents and budget data are centralized or standardized.This research has been done through descriptive-analytical method and the most important result is that existing mechanisms require more coherence and evolution, and the relevant institutions should take effective steps in this direction.

Although the developing countries have recognized the principle of patent protection and bound the related norms but they followed the public policy approach and accepted these norms in the light of public interest and developmental needs. So they always contemplate the flexibilities of patent rights but the question is that what mechanisms and policies they should apply whilst being bound over to international instrument has been accessed to the mentioned aims. For the sake of this paper, the means of exception is the exceptions and limitations provided in the articles 15 and 17 of the registration of patent, trade mark and industrial design Act. In this article, after discussing the concepts of the mechanism and tools provided in the mentioned articles, an attempt is also made to illustrate the efficiency of the mentionsed tools. However, the pre-register exception, as has been provided in the article 4, is another topic, which should be considered separately. In the meanwile, just some general norms and standards in the evaluation of the legitimacy of the following limitation with special reference to experimental use and personal use of patent will be illustrated and some other mechanisms in this area such as exhaustion of rights and compulsory licenses require another contemplation.