Document Type : Article
Author
Associate Prof, University of Judicial Sciences and Administrative Services, Tehran, Iran
Abstract
The aim of the research that this paper is based on it, is scientific verification of the legal substance of the governmental company and related institutions in the Islamic Republic of Iran. Analyzing the definition of this legal institution, enacted by the parliament, and the logic of the relation between these definitions, is showing the historical trend of cumulative ambiguities that were synergic enhancing the ambiguity of the principal substance in the enacted definitions of the governmental company. The meta analysis of these ambiguities has showed that these definitions were not based on the theoretical system of the substance, goal, and the quality of the legal institution; and the nature and principles of the governmental company is not verified. This result has showed that the solution cannot be based on the wanting the interpretation Act of the parliament; but the first basic step is on the planning a theoretical system of the substance, goal, and the quality of the legal institution of the governmental company. This system can be the basis of a comprehensive act of governmental companies. The preposition is a set of principles as the basis of the system.
Keywords
- انگلیسی
- A) Books
- Hilary Lewis Ruttley & Chibli Mallat (editors) (1995), commercial Law in the Middle East , first published , Graham and Tortman.
- Stephen P. Robbins (1990), Organization Theory structure, design, and applications, third edition, PRENTICE – HALL,INC.
Resources in Persian:
- A) Books
- Jaafary Langroody, Mohammad Jaafar (2007), Terminology of Law, Tehran: Gange Danesh (In Persian).
- Tabatabai Motamani, Manoochehr (2020), Administrative Law (4th edition), Print 23, Tehran: The Organization for Researching and Composing University Textbooks in the Humanities (In Persian).
- Mohammady, Abolhasan (2007), The bases of inference of Islamic Law, or The Principles of Jurisprudence, Print 45, Tehran, University of Tehran (In Persian).
- B) Articles
- Darvish, Babak & Madadkar Haghjoo, Mahnaz (2014), “The Principles and Foundations of Administrative Discipline in The Legal System of Iran”, Administrative Law, First year, No. 3, Spring 2014, pp. 9-33 (In Persian).
- Safaiee, Seyyed Hossein & Shariaat Bagheree, Mohammad Javad (2021), “Some of the Thoughts about the Principles of the Wisdom of the Legislature”, The Journal of Encyclopedias in The Law, No. 11, Summer 2021 (In Persian).
- Karimian, Mohammad Vazin (2005), “Reviewing the Legal Definitions of the Ministry, Govermental Institution, Governmental Company (For the diagnosis of the organizations subject to the competency of General Inspection Organization of the Country), Prenumber 1, Summer 2005, pp. 158-169 (In Persian).
- Mokhlesolaemmeh, Farzad (2006), “Private or Nongovernmental? Reviewing the definition and Legal Nature of the Companies Dependent to the Government”, The journal of Control, Evolution, Inspection, General Inspection Organization of the Country, Prenumber 2, Autumn 2006, pp. 28-367 (In Persian).
- C) Speech
- Safaiee, Seyyed Hossein (2015), The relation of the law with the economy, 2015.06.22, speech in the coordination council of the Humanities Group, Publice Relations of the Academy of Sciences. From: www.ias.ac.ir.
- D) Documents
- Proposition of the bill of Company Holding in Public Section. From: https://cabinetoffice.ir /fa/ news/ 9055 (In Persian).
10. General policies of the Principle 44 of the constitution of the Islamic Republic of Iran, enacted by the Supreme Leader, 2005.05.22 (In Persian).11. General policies of the Development of Nongovernmental Sectors through transfer of governmental activities and units (2006.07.03). clause“C” of the General policies of the Principle 44 (In Persian).12. commission of Legal and Judicial Affairs, Secretariat of the Expediency Council of the I. R. of Iran, composed by Valadkhany, Mohmmad Mahdi; Peerdehghan, Amir Hossein (2011), The book of Vision Document and General Policies of the I.R. of Iran (by the Control of Habibollah Shamloo, the chief of the commission), Tehran: Commission of Legal and Judicial Affairs of the Secretariat of the Expediency Council of the Islamic Republic of Iran (In Persian).13. Consultative theory of the office of Legal Affairs and Composing Laws, Judiciary Power, number 2545/92/7, date 2015.03.19, From https://ghodousi.eadl.ir (In Persian). E) Laws14. The Law of Implementation of General policies of the forty fourth Principle of the constitution, 2007 (In Persian).
- The Constitution of Islamic Republic of Iran, 1979, as amended on 1989 (In Persian).
- The Law of Governmental Employment, 1966 (In Persian).
- The Law on Cooperation Sector of the Economy of the Islamic Republic of Iran, 1991.
18. The Program Law for the Economic, Social and Cultural Development for the Sixth Five years 2017-2021 (In Persian).19. Commerce Law, 1922.20. The Law 0f Founding General Inspection Organization of the Country, as amended by Islamic Parliament (In Persian).21. Islamic Penalty Law, fifth book, Taazeerat and Preventive Penalties, 1996 (In Persian).22. Public Accounting Law, 1970 (In Persian).23. Public Accounting Law of the country, 1987 (In Persian).24. Civil Law.25. The Law of civil Services administration, 2007 (In Persian).26. The Bill of the Reform on a sector of commerce Law, 1968 (In Persian).
)