فصلنامه مجلس و راهبرد
پیاپی 119 (پاییز 1403)

Foreign trade in essential goods in the country has faced the most sanctions in the past two decades, significantly impacting market stability, economic welfare, and food and social security. Therefore, it is one of the most important challenges policymakers face. The aim of this research is to provide a model for analyzing foreign trade policy of essential goods under economic sanctions. This study is applied-developmental in nature and employs a cross-sectional survey method for data collection. The research participants consist of executive officials, policymakers, and university professors related to the subject. In the qualitative section, insights from 15 individuals were utilized, while 183 participants contributed to the quantitative section of the study. Data collection tools included semi-structured interviews and a researcher-designed questionnaire. For data analysis, a grounded theory approach was used in the qualitative section, and Partial Least Squares (PLS) was employed in the quantitative section. Given the positive and significant relationships among the identified components, the proposed model is relatively comprehensive and complete based on the implications and characteristics of foreign trade, making it more suitable than other models presented by experts, especially those designed for non-commercial societies.

Today, local government has become an undeniable reality in the world; in various studies, four dimensions—social-cultural, economic-financial, geographical, and political-legal—have been identified as the most important aspects of local government. Researchers have pointed to the application of systemic thinking in local government as the most effective approach. Systemic analysis is a comprehensive and dynamic approach for examining complex phenomena. Using this approach, the interrelated and complex relationships between different elements of each system can be identified and analyzed. In the realm of local government, systemic analysis can contribute to a deeper understanding of the factors influencing the formation and performance of local governments. This research examines the four key factors affecting the formation of local government using systemic thinking to consider the impact of each factor on the formation of local government and the causal relationships among them and the entire system. In this regard, the Vensim software has been used for modeling and causal relationships. The results of the research indicate that the four mentioned subsystems can never operate separately from one another, and their continuity will create a final system for the successful formation of local government.

The implementation of any policy requires tools and means that must be anticipated within the policy itself to avoid specific problems in practice. Investigating the reasons for the failure of water resource management policies necessitates understanding the legislative process. Therefore, the question arises: Has the legislative process always been directed towards enforcing policies? To answer this question, the laws governing water resource management were analyzed using a network analysis approach, and the findings indicate that government policymaking in the realm of water resource management has relied on coercive tools, and the distinction between the mandatory obligations imposed on the government and the Ministry of Energy lacks a clear and technical rationale. Additionally, the use of terms such as organizations and related laws has led to ambiguity and various interpretations. Therefore, considering the ambiguity in the laws and the ineffectiveness of coercive policies, it is better for the government to strive to rewrite the laws with a collaborative approach and encourage a form of quasi-voluntary compliance in a collaborative environment.

According to various legal texts, such as Article 55 of the Municipalities Law, the Ministry of Roads and Urban Development, the Road Maintenance and Transportation Organization, municipalities, and traffic police are obligated to take various actions for the development of thoroughfares and enjoy specific privileges such as immunity from liability for governmental actions. On the other hand, statistics on financial and bodily accidents on roads and court rulings against these entities indicate unresolved legislative and legal challenges that not only fail to ensure social order and security but also lead to crimes or violations and omissions due to the exploitation of legal gaps and advantages, resulting in damages that each carry legal and social harms. The question arises: What are the challenges stemming from the deficiencies and inefficiencies of laws related to the entities responsible for safety and development of thoroughfares, and what are the solutions? Ambiguity and dispersion of laws, ineffective enforcement mechanisms, and lack of adequate oversight are part of the legal gaps that have led to consequences such as increased violations and omissions in the development of thoroughfares, the spread of corruption, and an increase in the number of related lawsuits, misappropriation of public assets, confusion among drivers, and the loss of social order and security. This article employs a descriptive-analytical method, utilizing court precedents, civil liability rules, and principles of good governance such as accountability and the necessity of responsiveness, to elucidate the mechanisms for claiming compensation for damages incurred by these entities.

Participatory environmental governance is an emerging issue in the country, and its dimensions and implementation methods with a public-economic participation approach can be very effective. One aspect of energy and environmental policies that significantly impacts people's lives, international commitments, and the country's international reputation is the limitation of greenhouse gas emissions. The history of international conventions in the field of emission reduction indicates the inadequate performance of these conventions solely relying on government commitments. The most successful emission reduction mechanisms are also participatory-economic mechanisms. Direct public participation in reducing emissions in the residential sector and indirectly through the cultural awareness created for individuals and groups in society in all dimensions, as well as their participation in reducing emissions in the industrial sector through participatory-economic incentives such as carbon trading, can lead to improved performance of emission reduction policies. This paper presents and expands a model based on previous research in other fields for participatory environmental governance through the tool of emission trading, specifically proposing the issuance of carbon certificates. It first examines the areas of participation, incentives, and challenges, the design of the regulatory institution, and the conditions for facilitative leadership, and then designs the participation process, concluding with an analysis of the expected outcomes of this participation, compiled in the form of a proposed model. The above model and its proposed tools can be fruitful for policymakers in the energy and environmental sectors in decision-making and designing high-quality participatory executive programs in the country.

The econometric analysis of the rational theory of addiction and drugs traces back to the theoretical studies of economists such as Becker, Grossman, and Murphy. The aim of this article is to examine the economic factors influencing the reduction of drug consumption in Iranian provinces using the logit model during the 2010s. According to the results of the article, the ease of access to drugs, increasing poverty (deprivation), and income inequality have the highest probability of exacerbating drug abuse in the provinces of the country. Conversely, increasing economic participation and per capita income (a welfare indicator) are most likely to lead to a reduction in drug abuse in the provinces.

In the past three decades, the actions taken by regional integration organizations within the framework of the Commonwealth of Independent States (CIS) and subsequently extended within the Eurasian Economic Community, the Collective Security Treaty Organization, and the Eurasian Economic Union have recreated the structure and components of the Soviet Union. The prediction of inter-parliamentary assembly mechanisms in most post-Soviet Eurasian organizations has also been aimed at facilitating and strengthening this strategy with various approaches in the CIS countries. One of the most important strategies on the agenda of inter-parliamentary assemblies in the CIS is model legislation aimed at harmonizing national laws to facilitate and strengthen regional convergence in Eurasia. Thus, the focus of this paper is to explore the role of multilateral parliamentary governance within the framework of model legislation of inter-parliamentary assemblies in the process of regional convergence in Eurasia. Therefore, it seeks to answer the question: What impact has the model legislation of inter-parliamentary assemblies within the framework of multilateral parliamentary governance had on regional convergence in the CIS countries? As a result, using a comparative analysis method based on library and documentary data, it is argued that the strategy of inter-parliamentary assemblies, namely model legislation, serves as a minimal yet foundational action to facilitate regional convergence among the CIS countries.

Participatory governance and collaboration between the government and the public lead to access to human resources and citizen ideas, more informed decision-making, reduced corruption and budget waste, and so on, resulting in the emergence of a democratic government. Participatory governance occurs when both government organizations provide their data to citizens and citizens use the provided data to generate ideas and create value. Given this necessity, the aim of this research is to examine methods for increasing the participation of government organizations in providing open data, meaning data that is freely and openly available to the public, as well as examining methods for increasing citizen participation in using the data. To this end, library studies were used to extract influential criteria for increasing citizens' willingness to use data and to identify factors and incentives for encouraging government organizations to provide data openly. Subsequently, all government organizations and institutions present in the national catalog and open and applicable data system that provide data openly were examined, and the status of each organization was extracted and specified based on each criterion. Given that the number of government organizations providing open data in this system was 112, it constituted the entire statistical population, and sampling was not used. Then, using data mining methods, the characteristics of the data from organizations that were more preferred and used by citizens were identified. Additionally, using field methods and multi-criteria decision-making techniques, the weight and importance of the influential factors in the participation of organizations in providing data openly were calculated. After library studies, the criteria of "data authenticity", "license openness", "up-to-dateness", "data accessibility", "metadata completeness", "number of datasets", "format openness", "non-discrimination", "understandability", "number of data categories", "free availability", "absence of missing data", "possibility of data requests", "visualization", "feedback capability", and "data set subject" were extracted as comprehensive influential criteria for increasing citizens' willingness to use data. Based on the results obtained, the criterion "community subject" with a coefficient of 72.564 and a positive sign had the greatest impact on increasing citizens' visits to open government data. Following that, the criterion "format openness" with a coefficient of 52.682 and a positive sign ranked second in increasing visit rates. Additionally, based on library studies, six factors—"need to comply with higher authorities", "reduction of operational sensitivity of the organization", "need for financial resources", "need for transparency", "need for human resources" and "need for information technology resources"—were identified as influential factors in the participation of government organizations in providing data openly. The findings of this research can assist managers in making informed decisions and effective management to improve participatory and public governance, thereby benefiting from its advantages.

The aim of this article is to identify the jurisprudential, legal, and executive barriers and challenges to the securitization of banks' loan assets, providing some solutions for expanding the use of this tool through a descriptive-analytical method. The findings indicate that despite the serious need for banks to increase their lending capacity, challenges such as high costs of issuing securities, pricing of receivables without regard to market conditions (financial repression), and higher returns in other parallel markets compared to the yields of these securities, the lengthy process of reviewing securitization, the complex structure of the securitization process, the halt in the use of this tool due to the 2008 financial crisis, high credit risk of borrowers, and poor quality of bank assets, as well as the existence of multiple jurisprudential views on the sale of debt to non-debtors, and the legal and regulatory gaps in establishing corporate governance in banks, all contribute to reducing investors' motivation to purchase these securities on one hand and decreasing banks' willingness to securitize their receivables on the other. The consequences of neglecting this issue will manifest in the reduced financial capacity of banks, leading to a decline in their capital adequacy ratio.

Open local government, emphasizing three fundamental principles of transparency, participation, and accountability, aims to provide local services, develop local markets, enhance the quality of life for residents (citizens), and address environmental issues, among others. It seeks a space for democratic participation, civil dialogue, and building trust between local officials and the public. The goal of this research is to analyze the barriers to open local government in the country using a qualitative approach and thematic analysis, which faces challenges similar to new governance models in third-world countries, particularly in Iran. The study is based on semi-structured interviews and purposive sampling. The research community consists of 11 experts and scholars knowledgeable about this matter. Based on the findings from the interviews, the themes of barriers to open local government include 55 basic themes and 11 organizing themes categorized into three overarching themes: accountability, transparency, and participation. Identifying these barriers and raising awareness among elected local and regional officials, preventing corruption, enhancing the effectiveness of public services, and encouraging citizen participation through access to open data and better decision-making can help empower local government in Iran.

The Government Trading Organization, as one of the quasi-judicial and administrative bodies, is the competent authority for addressing certain economic violations. This organization and its competencies have sometimes been viewed as a violation of the principle of separation of powers (Article 57 of the Constitution), the concentration of judicial matters in the judiciary (Article 159 of the Constitution), and the principle of judicial punishment (Article 36 of the Constitution). This perspective has led to the Government Trading Organization being perceived as a rival to the judiciary, resulting in a dismissive approach towards it. This article employs a descriptive-analytical method to respond to previous criticisms while adopting an opportunity-oriented approach to the Government Trading Organization. Accordingly, strategies such as decriminalization and judicial reduction, alongside the historical jurisprudential support of the institution of Hisbah, can be proposed as explanations for the competencies of the branches of the Government Trading Organization in addressing economic violations. Adopting an opportunity-oriented approach to the Government Trading Organization, along with efforts to address the criticisms directed at this institution, can position it as a complementary (rather than rival) entity to the judiciary and provide a suitable framework for expanding its competencies by decriminalizing economic offenses.

The manner of response to sexual crimes is significant because, on one hand, it directly relates to one of the five objectives of Islamic law, which is the protection of lineage, and on the other hand, it appears that there is a presumption of strictness in proving such crimes. In Article 102 of the Criminal Procedure Code, enacted in 1392 (2013), which addresses the categorization of the criminal justice system's response to sexual crimes, the legislator has superficially addressed the legal standards, unaware that this provision, firstly, prohibits investigations into certain sexual crimes that should be addressed according to Islamic law; secondly, if the basis for initiating an investigation into these crimes is the principle of harm (and not legal paternalism), it is unclear why the evidence must be relevant. Furthermore, if the distribution or dissemination of pornographic moments through film or photo occurs widely, while the sexual crime itself has not occurred in any of the ways mentioned in the above article, it is unclear what fate awaits the perpetrators of this recent crime, who may be professional prostitutes! This inquiry seeks to analytically address the above issues and reveal the criminal policy that the legislator is pursuing. In this context, it seems that the legislator does not consider consensual adultery (as opposed to organized, violent, visible, and public acts with a complainant) to be subject to any conditions for prosecution, whereas the immediate example addressed in verse 3 of Surah An-Nur pertains to this type of adultery.

The Shanghai Cooperation Organization, centered around China, has a dynamic and growing position in the international economy in terms of economic, investment, and trade dimensions. With Iran's full membership in the organization, significant non-economic, economic, and commercial mutual benefits can be achieved. This study aims to answer the questions regarding the past performance and future outlook of intra-regional and extra-regional trade within the Shanghai Cooperation Organization and Iran's position. Has the trade transformation over two decades since the organization's formation and the accession of several countries been due to trade creation or trade diversion? The main objective of the article is to evaluate the effectiveness and success of the economic convergence of the members of the Shanghai Cooperation Organization and Iran. For this purpose, two major criteria of regional convergence—“homogeneity and similarity of economic indicators” and “degree of trade convergence”—have been examined and measured for the Shanghai Cooperation Organization and its members during the period of 2000-2020. The results indicate that during the studied period, the gap and range of per capita income for some countries have decreased, while for others, it has increased, and homogeneity and similarity of development indicators have not occurred for all members of the organization in the long term. Additionally, the increase in the share of intra-regional trade of the organization and Iran has not aligned with their international trade development, and the development and deepening of intra-regional trade have not only failed to lead to the development of Iran's international trade but have also resulted in trade diversion. The analysis of the results suggests that the lack of development in intra-regional trade is due to Iran's weak trade structure, and currently, the possibility of developing intra-regional trade and Iran's convergence with the organization seems weak. However, with the development and enhancement of Iran's economic-trade structure, the opportunity to benefit from convergence will be provided.

long-term costs but also facilitates the resolution of the country's issues and has a direct relationship with government effectiveness. Policy instability is undesirable due to reasons such as reduced public and private sector trust in the government, unresolved root issues in the country, high costs of frequent changes, and unintended side effects of policies, leading to numerous studies aimed at reducing this instability, especially in developing countries. The goal of this research is to extract strategies for enhancing the sustainability of policies set by the government and the cabinet. To this end, in addition to reviewing the literature, the institutions influencing government policies and the second assemblies have been specifically examined, and to confirm and complete the findings, a focus group was formed, and interviews with experts were conducted. Qualitative content analysis was used in these studies, and the results were evaluated by a panel of reviewers. Ultimately, strategies were presented in four categories: structural, institutional, managerial, and governance to increase the likelihood of policy sustainability.

The growth of various sects, groups, and organizations with specific names and symbols in recent years in Iran, along with the physical and psychological dangers of joining them, has led lawmakers to criminalize this phenomenon as a behavior against internal and external security in 1399 (2020). The aim of the legislator is, on one hand, to impose criminal penalties for the use of mind control techniques and psychological manipulation in the form of sects, groups, or organizations to exert physical or psychological dominance over others, and on the other hand, to prevent educational or promotional activities that deviate from the sacred principles of Islam. However, criminalizing educational and promotional activities that do not cause harm or damage and are not related to "apostasy," "insulting the Prophet," or "offending Islamic sanctities," in the absence of criteria for distinguishing "contrary to or disruptive to sacred law," can lead to the deprivation of fundamental freedoms of citizens and promote a specific lifestyle. Furthermore, in Islamic law, sectarian behaviors and mind control over others through false claims, as long as they do not reach the level of apostasy, are not considered crimes, and the approach to counter them should be through common ideological and verbal tools. A suitable solution is to refrain from criminal intervention in the realm of personal beliefs and convictions under the pretext of mind control and brainwashing, or at least to differentiate between harmful sects and other sectarian behaviors.