جستجوی مقالات مرتبط با کلیدواژه « privatization » در نشریات گروه « فقه و حقوق »

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.

Although Privatization become a worldwide circulation of political and economic circles since last century but there are still basic disagreements on the mechanisms of its implementation and of course about the way of monitoring this process. In our country, though, the privatization and in particular privatization of state-owned enterprises goes back many years ago, but the culmination of this fundamental transformation comes from the general policies of article 44 of constitution and the law implementing it, which first addressed the issue of privatization in a comprehensive manner. Nevertheless success of the implementation of these policies has been in doubt for many years. This skepticism has become more pronounced, especially in relation to the corruption that has occurred in the area of divestiture and That is why the issue of overseeing oversight is important, Supervision is not just about choosing how to outsource state enterprises and In addition to discussing the preparation of firms (companies) for transfer, there is also a shadow over the post-transfer phase and Rather than merely changing the ownership of these firms, it has targeted the more fundamental goal of "increasing the private sector's share in the national economy" and ultimately accelerating the growth of the national economy.

Since the 1950s, three movements have been formed to explain the relationship between the legal system and the various levels and dimensions of development, following the discourse of "law and development". However, various aspects of this relationship are still relatively unknown and somewhat neglected despite its gradual growth and development over the past four decades. For example, how the law affects development in different social, economic, political and cultural contexts in a normative and structured framework, regardless of specific spatial and temporal conditions. Accordingly, this article, discusses how the law affects development (with emphasis on economic development). The effectiveness of these mechanisms in the context of privatization in Iran has been analyzed. The results showed that more attention to these mechanisms is necessary for the effectiveness of laws and regulations of facilitating privatization in Iran.

Cont ext and In this paper, an attempt has been made to investigate the transfer and nature of Anfal in Iranian jurisprudence and law.
This paper is descriptive and analytical and library method is used.
Ethical considerations: In this paper, the originality of the texts, honesty and trustworthiness are observed.
The findings indicate that in Imamiyyah jurisprudence, natural gifts, such as fertile lands and forests are considered as Anfal. Anfal or God-given wealth is one of the public wealth of the Islamic society, which is not the private property of any one of the people and has no specific owner. It is obtained from numerous narrations that during the presence of the Prophet (PBUH), Anfal belonged to the Prophet and the Infallible Imams (PBUH) and they used it wherever they thought it expedient. Anfal is the position of Imamat and leadership of the Prophet and Imam (AS), not their personal property, and therefore it is given to them, who are responsible for the guidance and leadership of the Ummah.
The sale of Anfal is prohibited and only by the Islamic government, it may be provided under the conditions of temporary and definitive transfer in the form of processes, such as privatization. This means that first the various examples of Anfal are defined in the form of government property and according to the existing standards, then it should be handed over to private individuals in the form of privatization.

The emergence of regulatory governments since the early 1980s has brought about one of the most extensive and profound changes in a wide range of governments. The main question of the current research is that the emergence and establishment of regulatory governments have brought about any destructive effects or consequences in relation to the fundamental rights of citizens. In this article, we have first briefly reviewed the concept, theoretical background, characteristics and policies emerging from regulatory governments, which are sometimes called new public management, and then while examining the consequences of the establishment of such governments in relation to the rights of citizens, we have concluded that regulatory governments have had an adverse effect on providing the basic needs of citizens, their enjoyment of justice and fairness and participation in political affairs, the publicness of public services and the benefit of a healthy environment.
In these surveys, citing reliable and international published researches and statistics, and using the descriptive-analytical method, we have shown that the implementation of the policies related to regulatory governments may have dire results in relation to fundamental rights of the citizens. Finally, suggestions are also provided to improve such effects and consequences.

The privatization of public services led to the emergence of companies with private ownership and management and public mission known as the Public Interest Company (PIC). Despite being private and governed by the rules of private law, Influenced by the doctrine of public service and due to considerations related to the public interest, these companies are subject to public law and regulatory requirements. The public service management system in Iran has not been immune from privatization by announcing and implementing the public policies of Article 44 of the Constitution and the law on how to implement it. Therefore, it is necessary to evaluate and analyze the capacity of Iranian administrative law in accepting the concept of PICs. Using descriptive and analytical methods and relying on the experience of some countries, this study, after studying the basics of forming the concept of PICs and identifying their characteristics, considering the capacity of the concept of "public service agents" and "private professional institutions in public mission", acceptance of this concept in Iranian administrative law is considered possible.

Although privatization is one of the most important strategies for good governance and reducing corruption, the amount of transferable financial resources in this process has always made it an opportunity to commit a crime. In Iran, a number of companies have been taken out of government ownership under the guise of privatization, but these measures not only did not reduce corruption, but also turned into a corrupt process and the ineffectiveness of preventive surveillance became apparent. The fundamental issue of this article is related to explaining the reasons for the defeat of monitoring plans to prevent the influence of corruption in the privatization process. This paper has concluded that policies based on privatization are basically inconsistent with the characteristics of the Iranian economic system using library resources and descriptive analytical method. This incompatibility has led to the failure of the economic goals of privatization on the one hand, and on the other hand, it is not possible to apply effective surveillance to prevent the penetration of corruption in this process. Therefore the effectiveness of policies based on the transfer of the economy to the private sector, as well as the exercise of preventive surveillance over its process, depends on changing the fundamental approach of the government toward the nature of the economic system.

Privatization usually refers to economic programs to reduce government ownership of enterprises. Four decades after the start of this project in the world, the logic of privatization has not stopped only in reducing government holdings of enterprises and has also crossed the boundaries of government competencies in holding and distributing public goods and services.In Iran, in the late 1960s, privatization entered the country's economic development programs, and with the interpretation of Article 44 of the Constitution in the mid-1980s, this program gained significant momentum. Regardless of the difference in the waves of privatization, the statistics show a large deviation in the record of privatization in Iran. The small share of the private sector on the one hand and the high share of government institutions in the allocation of divestitures on the other hand indicate this deviation. Against the question of what is the reason for this deviation, there are two claims. One claim considers the deviation in the implementation phase, and another claims that this deviation stems from the government's legal support at the legislative level, including the interpretation of the constitution and the enactment of some ordinary government laws and regulations. The legal analysis of each of these two claims makes it clear that the small share of the private sector in the experience of privatization in Iran has been the product of large-scale legal protection in favor of the main beneficiaries of privatization, rather than a deviation in implementation.

After the 1979 Moon Agreement, the development of international space law in international society has been in a stagnant mode. With the progress of private space activities since late 20th century, a stable framework for space disputes settlement was considered a vital exigency. Scholars have proposed ways like alternative consultation resolution, space law tribunal, and multipurpose court; but they have brought about no success until now. In the current space law order in the world, political consulting, claims commission in Liability Convention, International Court of Justice and Permanent Court of Arbitration rules, and also some regional institutes are the only existing disputes settlement mechanisms. Concerning privatization and commercialization of space activities begun since 1990s, the issue is what are the barriers confronting to the proceedings and settlements according to the plurality of space actors like space corporations, and how to overcome the problems? This paper tries to treat the problem and deal with the possible solutions.

According to Articles 44 and 175 of the Iranian Constitution and the Parliament’s statutory approach, the Islamic Republic of Iran Broadcasting (IRIB) holds the monopoly of broadcasting radio and television programs. This paper examines the privatization capacity of IRIB. The most important obstacles for the realization of such a capacity include the Guardian Council’s interpretation of Articles 44 and 175 of the Iranian Constitution, articles like the Statute of the Organization and Resolutions of the Supreme Council of the Cultural Revolution. However, after having reviewed the mentioned articles and through the analysis of the Guardian Council’s interpretations, the authors came to the conclusion that privatization or at least removing such a monopoly could be possible.

Economic law should be considered as the law of organization and development, which along with its other characteristics such as market efficiency, flexibility, government-private sector participation and by creating new institutions, increases wealth and market efficiency and comprehensive development of economic justice. In the society will be. In economic law, the concepts used play a key role in the formation of private institutions and in the formulation and interpretation of laws and regulations, of which regulations are among the concepts. Economic law is a new branch in the science of law and, in parallel, the science of economics, and in a way, the legalization of economics with the parameter of government intervention is considered. This branch of law opens new windows in the development of social justice with the updating of laws and regulations and also with the creation of the deregulation movement.

This syudy id of descriptive - analytical one.

Ethical Considerations:

 Authenticity of the texts, honesty has been observed in this study.

This study seeks to explain the practical position of economic law, the need to use the findings of economics in analysis Explain the legal rules and the need to eliminate inefficient laws and proper oversight of the mplementation of the principle of privatization, which is one of the highest goals of economic law and Proved the preconditions for Iranchr('39')s entry into world trade.

Given the rapid development of technology in the present age, the need to keep pace with modern science and the emerging branch of economic law, in order to keep law and economics up to date, is twofold.

Introduction:

Many governments use the Privatization process to promote their economic system. This process can have a great impact on banking sector. The need for a research in Privatization’ programs, implemented by many developed countries, is felt today more that ever before.  In the state-owned banking system of Iran, there are only 4 banks which are considered as “private banks” The next phase of the privatization of the Iranian banking system will shift a wide range of state-owned banks to the private banks.There are many ways to privatize, and each country has its own set of methods depending on the economic structure and type of enterprises. The most common methods of privatization in the world are:a. Offer shares to the publicb. Offer shares to specific groups.c. Separation of unit's subject to transfer to smaller units and transfer of ownership or management.d. Attracting private sector participation in new investment required by governmental unitse. Transfer of Management or Lease of Assets.The beneficial effects of privatization can only come from properly implemented privatizations. The key is how to privatize?The World Bank recommends in a circular for privatization: The legal framework of the country should support privatization in two respects: First, there may be laws required in the process of preparing banks for privatization and transactions;Second, the overall legal environment should be one in which newly established entrepreneurs can access credit, and compete on an equal footing with the remaining government. There are three types of transfer methods in Iran:a. Sales through the public offering of stock in domestic or foreign stock exchanges.b. The complete sale or supply of block shares through public bidding. c. Complete sale or block sale through negotiation

Theoretical frame work:

 This article will examin different challenges of implementing the privatization process to provide the most adaptable privatization model for Iranian banking system So, what are the legal requirements for the privatization process in a way the banks can benefit from this process? 

This research is under the study of public economic law. From this perspective, although from a methodological point of view, this field does not analyze economic phenomena, the framework of formative interpretations of conventional legal rules in traditional and sometimes Iranian civil law will not be considered.  This is because the legal tools of public economy include a wide range of legal regulations and practices and various issuing authorities and focus on the interrelationship of economics with realistic law. In other words, the banking law system created in the context of economic law, will focus more on managerial and sometimes non-legal analysis, which is defined in line with legal and economic issues.

Nowadays, the function of privatization has become a tool to create a complex ownership structure in privatized banks. While government is taking control of the transferred banks, the process of privatization seems to be far from being realistic. Having said that, the process of privatization can be realized by reducing the role of the government in economic activities and promoting the efficiency and productivity of the banking system. However, it is important to bear in mind that the banking system in Iran is still under control of the government. Therefore, it is important to examin the nature of governance in the privatization process. Generally speaking, privatization of enterprises should take place through the public offering. But when there is no purchase after two auctions, privatization is permitted through negotiation and after the board approvals.lack of capacity of the non-government sector is the main reason for the privatization process of the banks that happens through any other ways rather than public offering. But, in such an economy where its main part is dominated by the public sector, how small private sector can take control of the large public sector? The challenges experienced in the first wave of privatization showed that failure to use proper privatization methods can have a devastating effect on the future of the banking industry. Therefore, choosing the right method for privatization is very important. In our country, the privatization of banks not only has not reduced the economic problems, but also has increased the problems of the banking industry and the national economy. Therefore, we need to use this experience and apply alternative ways to reconsider the privatization process and empower the private sector in a way that it becomes the dominant part of the banking industry.

Conclusions & Suggestions:

Privatization takes place through transfer of ownership and management Due to the lack of sufficient liquidity for the buyers in the country, the first method was not successful.  In this regard, the transfer committee has decided to privatize the banks in the first wave of privatization through non-public offering. However, it has not achieved the goals of privatization. On the other hand, regarding different challenges of the Iranian bankning privatization we can considere changing of methdoes and approaches at this field in both regulatory system and the banking actors. For the last one, it could happen by downsizing of banks through the transfer of assets and subsidiaries, as well as the use of bank management transfer methods to empower the private sector for buying. bank shares.

Today, more than ever, the theory of public services and the necessity to procure public goods and services are important and are considered with due attention in the Constitutional Law and other legislations .Announcement of General Policies of Principle 44 of the Constitutional Law has been the starting point for some challenges to be occurred in the course of privatizing the procurement of public services and goods. According to the theory of public services, procurement of public goods and services is undertaken by public bodies or through private organizations which are operating under the supervision of public bodies. Therefore, the essence of public goods and services does not alter when the procurement of such goods and services is assigned to private sector. The purpose of this research is to determine and analyze the reasons for expanding the authority of the Administrative Justice Court in dealing with disputes which arise from the acts of those assigned public social-welfare bodies. Whereas the expansion of authority of Administrative Justice Court does not necessarily result in the direct referral of claims and increase in the disputes which are raised in the Administrative Justice Court, such expansion of authority gives rise to the establishment of quasi-judicial bodies relevant to each category of public services under the superior surveillance of the Administrative Justice Court. For this purpose, it is necessary to identify the existing legal contexts and amend the regulations accordingly.

Pension funds for maintaining the balance of resources and expenditure invest in different ways; one of the most common practices is owning companies’ stocks. The tendency of many pension funds to this type of investment have led to the management of companies. Management of companies by pension funds (in the sense of having a stock management) as an emerging issue in the legal literature of our country has faced different regulatory policies; some are limiting or prohibiting and others are prescribing. Even though the legislator's last determination was to ban the company management of Iran's pension funds, some have gone too far from their social goals by forming investment companies. This essay using a comparative approach and library analysis, after explaining the legal status of firms has tried to analyze the background and reasons for company management of pension funds including paying of government debt to funds, capital market restrictions in Iran and entrepreneurial profitability. The findings show that if pension funds want to pay more attention to the rights of their members, it is necessary to significantly reduce the company managing, establish balancing through acquisition of shares of investment companies and other investment practices.

Privatization of public services or minimizing any control and interference of the state in establishing the mechanism of supply and demand, and the transfer of ownership or control of enterprises from the state to the sector. The present research seeks to answer these questions, which are the basics and methods of privatization of public services in the countries under discussion? What does privatization of public services look like? The method of this research is based on the analysis of texts, the study and viewing of various written sources, and the use of fingerprinting was used to collect information. Therefore, the findings of the research are as follows: According to the experience and results of the research.According to the experience and results of scientific research on the privatization of public services in counteracting the wide-ranging involvement of the state in economic affairs and the inclusive administrative and executive bureaucracy, and the ineffectiveness of the state's servicing of heavy external debts to political systems, there has been continuous inflation and severe budget deficits by governments.Stock Exchanges in the Stock Market The transfer of the management of financial institutions from the state to the private sector and the presence of the state as a silent partner without the right to dissolve state-owned companies and the sale of their movable and immovable property to the private sector are among the methods of privatization of public services.

The main purpose of this article is feasibility study of privatizing affairs of judiciary with the aim of increasing judicial efficiency. For this purpose, the separation between types of judicial affairs is necessary. These affairs can be divided into inherent judicial affairs (like Settlement of disputes), administrative affairs related to the judiciary and affairs of organizations affiliated with the judiciary. It seems inherent judicial affairs cannot be transferred to other institutions or private section, but privatizing administrative affairs and affairs of organizations affiliated with the judiciary is possible. Accordingly, we analyze triple separation of judicial affairs mentioned above with look at the constitution of Iran and other related provisions and also status of privatizing judicial affairs in some countries in order to answer to main question of this article.

Even though the Buy-back contracts is introduced as sole method for performing upstream Oil projects, by virtue of laws such as budget and development program laws, after Islamic revolution of Iran, new regulations were passed in recent decades that indicated on formation of new legal order in petroleum industry. The Sprout of Iran's new oil and gas order, initially formed by a change in attitudes towards foreign investment, grew up by changing the scope of private sector intervention in the economy and developed by introducing and prescribing various oil contracts. On the other hand in the event of this developments, petroleum ministry unveiled a new model of contract named Iran Petroleum Contract (IPC). Although IPC is based on the principles of Iran's new oil order, it seems that it has not used all the capacities articulated in this order. Explaining the fundamentals and content of this order, the ratio of the new contract to these developments and eventually the ability to apply other contractual patterns will be discussed in this article.

In all government agencies, Including ministries and public institutions there are several legal units. The duties of theis units providing legal advice and defending the rights of the government. In this article, we refers to the legal units tasks and their natures in in a comparative approach with the French& Iranian models. The principal question of this paper based on is it possible to delegate or outsource Legal Affairs of Executive to the private sector. The basic assumption of this article is based on the belief that the legal affairs of government may not can be divided into acts of sovereignty and private acts, bbecause the legal affairs of executive directly related to the interests of the government and interests of the state. However, this condition not prevent to transfer and outsource some tasks of legal affairs.

Importance of meeting public needs require that, despite the privatization of public services, the government uses appropriate methods to impose their rule on this market aimed at safeguarding the public interest. The subject of this paper is to explore and explain the methods of applying the rule of private firms in charge of public services. According to the findings of this article, the most important and most comprehensive way to applying government rule is public policy making that primarily entails recognizing this issue as a public problem. After public policy making, company management by government in a mixed market and firm stock ownership of government in mixed firms (partial privatization), give government practical capacity to pursue public interest policies. Enforcement of competition law rules to ensuring competition in the public services market and preventing disruption of competition can also lead to improve efficiency. Sectional Regulatory of the market structure and the quality and price of services, especially in monopoly markets, could be equipped public services.

Since the beginning of its theory, the public services faced with conceptual ambiguity and its substantive diagnostic criteria, at least in practice, has not been clear. The privatization of public services and undermining the criterion of "government intervention" and "public interest purpose" added to the existing ambiguity. In these circumstances, the public function doctrine, aimed at protecting the fundamental rights of citizens and their legitimate expectations and consolidation of state responsibility and prescription of regulatory in the market of public services was outlined and welcomed. According to this doctrine, apart from public services that are offered directly by the government, services that were previously provided by the government, but are now provided by the private sector, are also consideredaspublic services. This paper usingdescriptive and analyticalmethod, at first, analyzesverbalandsubstantiveconceptof public service, then reviews thecontentof public function doctrine and evolution of concept of public service and finally studiespurposes and effects ofadoption of public function doctrine.