Document Type : Article

Authors

1 ‎; Ph.D Student in Public Law, Faculty of Law, Imam Sadiq University, Tehran, Iran‎

2 Associate Prof. Faculty of Law, Imam Sadiq University,‎‏ ‏Tehran, Iran‎

Abstract

In recent years, due to the rapid growth of information technologies, the country's communication infrastructure has required swift and costly development, which various laws often place under the responsibility of the Ministry of Communications and Information Technology. To fulfill these obligations, the Law on the Authorization of Determining and Collecting Government Revenues in the Postal and Telecommunications Sector (approved on 11/08/2013) has provided significant dedicated revenues to the Ministry of Communications. This law grants the Cabinet the authority to determine three types of dedicated revenues for the Ministry of Communications and Information Technology. An examination of the Cabinet's regulations after 2013 reveals some instances of deviation from the revenues specified in the law. This study analyzes the Cabinet's regulations in implementing the 2013 law and assesses the revenues established by the Cabinet in the postal and telecommunications sector using principles and rules of administrative law. The analysis of the Cabinet's regulations led to the following conclusions: a) In a category of regulations, the Cabinet did not impose new revenues beyond the legally permitted items, but failed to adhere to the legal formalities and requirements in establishing revenues. b) In another category of regulations, the Cabinet has imposed new revenues outside the framework of its legal authority. This research was conducted using a descriptive-analytical method.

Keywords

Main Subjects

  1.  English

    1. A) Books
    2. Blackman, C., & Srivastava, L. (2011). Telecommunications Regulation Handbook. Washington: Worldbank. Retrieved from: http://handle.itu.int/11.1002/pub/807b5608-en.
    3. Flanagan, A. (2018). Authorization and Licensing. In Telecommunications Law and Regulation. Edited by Ian Walden, New York: Oxford Academic. 285–380. https://doi.org/10.1093/oso/9780198807414.003.0009
    4. Gunningham, N. (2010). Enforcement and Compliance Strategies. In Oxford Handbook of Regulation. Edited by Robert Baldwin et al. New York: Oxford University Press Inc. 120-145. DOI:10.1093/oxfordhb/9780199560219.003.0007
    5. Intven, H., & Oliver, J., & Sepúlveda, E. (2000). Telecommunication Regulation Handbook. Washington: WroldBank. Retrieved from: https://www.itu.int/ITU-D/treg/Documentation/Infodev_handbook/7_Appendix.pdf
    6. Lee, , & Prime, J. (2018). Us Telecommunications Law. In Telecommunications Law and Regulation. Edited by Ian Walden. New York: Oxford Academic. 195-282. https://doi.org/10.1093/oso/9780198807414.003.0007
    7. Walden, I, (2018). Telecommunications Law and Regulation an Introduction. In Telecommunications Law and Regulation. Edited by Ian Walden. New York: Oxford Academic. 3-26. https://doi.org/10.1093/oso/9780198807414.003.0002

     

    1. B) Articles
    2. Malisuwan, S., & Milindavanij, D.(2017). A Study on Telecommunications Business License Fees in Various Countries. International Journal for Innovative Research in Science & Technology, 4(1), 153-164.
    3. McCleary, W. (1991). The Earmarking of Government Revenue: A Review of Some World Bank Experience. The World Bank Research Observer, 6(1), 81–104. http://www.jstor.org/stable/3986462

     

    1. C) Websites
    2. https://www.constituteproject.org/constitutions?lang=en (last visited: 2023-10-20)

     

    References In Persian:

    1. A) Books
    2. Aghaie Togh, M., Shams, E., Faryadi, M., & Mashhadi, A. (2010). Boundaries of Legislation and Execution in the Constitution of the Islamic Republic of Iran. Tehran: Deputy for Compilation, Revision, and Publication of Laws and Regulations (In Persian).
    3. Ansari, Vali-ollah (1998). General Principles of Administrative Law, 2nd Tehran: Mizan (In Persian).
    4. Atrian, F., & Ghamami, S. M. M. (2018). Aspects of Nullification of the Decisions of Islamic Councils in the Administrative Justice Court. Tehran: Research Institute of the Judiciary (In Persian).
    5. Darvishi, B., Debirnia, A., & Jalili, A. (1403). Financial Law. Second Edition. Qom: Qom University (In Persian).
    6. Ebrahimi Nejad, M., & Farajvand, E. (2007). The Principle of Budget Preparation, Formulation and Control. 7th ed. Tehran: Samt (In Persian).
    7. Emami, M., & Estavarsangari, K. (2018). Administrative Law. Vol. 1, 23rd ed. Tehran: Mizan (In Persian).
    8. Fallahzadeh, A. M., Hemati, M., Javaheri Tehrani, M., & Fathi, J. (2012). Differentiation of Legislation and Execution: Analysis of Jurisdictional Boundaries in the Relations of Legislative and Executive Powers. Tehran: Deputy for Compilation, Revision, and Publication of Laws and Regulations (In Persian).
    9. Hadavand, M., & Mashhadi, A. (2012). Principles of Administrative Law (In Light of the Opinions of the Administrative Justice Court) with Comparative Study. 2nd ed. Tehran: Khorsandi (In Persian).
    10. Hashemi, Seyyed Mohammad (2019). Constitutional Law of the Islamic Republic of Iran, Vol. 2, 29th ed. Tehran: Mizan (In Persian).
    11. Mashhadi, A. (2012). Discretionary Authority: Legal System of Discretionary Powers in the Executive Branch. Tehran: Deputy for Research, Education, and Citizenship Rights (In Persian).
    12. Mazarai, G. (2016). Aspects of Nullification of Government Resolutions in the Administrative Justice Court and the Guardian Council. 2nd ed. Tehran: Khorsandi (In Persian).
    13. Molaei, A. (2020). Administrative Contracts 2nd ed. Tehran: Mizan (In Persian).
    14. Petfot, A., & Malmiri, A, (2016). The Concept and Scope of General Principles of Administrative Law; Possibility and How to Refer to It in Judicial Proceedings. Tehran: Center for Publications and Publications of the Judiciary (In Persian).
    15. Raji, S. M. H.(2021). Financial Law Course Notes: Master's Degree. Tehran: Imam Sadegh University (In Persian).
    16. Rezai, M. (2022). Tendering Law.1st Tehran: Ganj Danesh (In Persian).
    17. Rostami, V. (2022). Public Finance. 10th ed. Tehran: Mizan (In Persian).
    18. Shirzad, Omid (2014). The grounds of Annulment of Governmental decisions In the Iranian Administrative Justice Court. 2nd Tehran: Jungle Pub (In Persian).
    19. Tabatabaei Motameni, M. (2018). Administrative Law. 21st ed, Tehran: Samt (In Persian).

     

    1. B) Articles
    2. Emami, M., & Mosavi, S, N, (2004). Theoretical Foundations of Quasi-Judicial Authorities and Their Position in Iranian Law. Social and Human Sciences of Shiraz University, 21(2), 93-110 (In Persian).
    3. Barzegar, A.(2014). The Position and Duties of the Competition Council in the Legal System of Iran. Administrative Law, 1(3), 148-178 (In Persian).
    4. Jalali, M., & Saeedi Roshan, H. (2016). The Role of the Administrative Justice Court in Safeguarding the Constitution. Judicial Law, 80(94), 117-140 (In Persian).
    5. Raji, S.M.H., & Baroomand, M. (2013). The Criteria of Diagnosis and the Scope of Legislative and Executive Affairs in views of Guardian Council. Journal of Public Law Knowledge, 2(4), 99-123 (In Persian).
    6. Kadkhodaei, A., & Aghaei Togh, M. (2012). Analyzing Principle of Non-delegation in the Light of the Principle of Constitutional Supremacy; A Critical Review of Guardian Councils Views. Public Law Researsh, 14(38), 77-99 (In Persian).
    7. Vijeh, M. (2004). Concept of Equality in Modern Public Law. Constitutional Law, 1(2), 213-252 (In Persian).