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
The rapid advancement of information technologies has necessitated immediate and substantial development in Iran's communication infrastructure. This obligation primarily falls under the purview of the Ministry of Communication and Information Technology (MCIT), guided by various laws. To support these endeavors, the law "Permission to Determine and Collect Government Revenues in the Field of Post and Telecommunications" was enacted in 2013, allocating significant dedicated revenues to the MCIT. This legislation empowers the Council of Ministers (COM) to identify three distinct types of dedicated income for the ministry. However, an examination of COM approvals since 2013 reveals instances of non-compliance with the stipulated rules in the law. This research evaluates the COM's adherence to the 2013 Act in implementing its provisions and managing revenues related to post and telecommunications. The assessment, guided by the principles and rules of administrative law, yielded the following conclusions: a) In certain approvals, the COM did not introduce new revenues beyond those legally permitted. However, there were lapses in adhering to formalities and legal requirements when imposing these revenues. b) In another category of approvals, the Council imposed new revenues that exceeded the scope of its legal authority. The research was conducted through a descriptive-analytical approach.
Keywords
- Government Revenues
- License Fee
- Non-Compliance Penalty
- Ministry of Communications and Information Technology
- Council of Ministers.
Main Subjects
English
- A) Books
- Blackman, C., & Srivastava, L. (2011). Telecommunications Regulation Handbook. Washington: Worldbank. Retrieved from: http://handle.itu.int/11.1002/pub/807b5608-en.
- 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
- 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
- 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
- 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
- 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
- B) Articles
- 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.
- 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
- C) Websites
- https://www.constituteproject.org/constitutions?lang=en (last visited: 2023-10-20)
References In Persian:
- A) Books
- 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).
- Ansari, Vali-ollah (1998). General Principles of Administrative Law, 2nd Tehran: Mizan (In Persian).
- 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).
- Darvishi, B., Debirnia, A., & Jalili, A. (1403). Financial Law. Second Edition. Qom: Qom University (In Persian).
- Ebrahimi Nejad, M., & Farajvand, E. (2007). The Principle of Budget Preparation, Formulation and Control. 7th ed. Tehran: Samt (In Persian).
- Emami, M., & Estavarsangari, K. (2018). Administrative Law. Vol. 1, 23rd ed. Tehran: Mizan (In Persian).
- 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).
- 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).
- Hashemi, Seyyed Mohammad (2019). Constitutional Law of the Islamic Republic of Iran, Vol. 2, 29th ed. Tehran: Mizan (In Persian).
- Mashhadi, A. (2012). Discretionary Authority: Legal System of Discretionary Powers in the Executive Branch. Tehran: Deputy for Research, Education, and Citizenship Rights (In Persian).
- Mazarai, G. (2016). Aspects of Nullification of Government Resolutions in the Administrative Justice Court and the Guardian Council. 2nd ed. Tehran: Khorsandi (In Persian).
- Molaei, A. (2020). Administrative Contracts 2nd ed. Tehran: Mizan (In Persian).
- 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).
- Raji, S. M. H.(2021). Financial Law Course Notes: Master's Degree. Tehran: Imam Sadegh University (In Persian).
- Rezai, M. (2022). Tendering Law.1st Tehran: Ganj Danesh (In Persian).
- Rostami, V. (2022). Public Finance. 10th ed. Tehran: Mizan (In Persian).
- Shirzad, Omid (2014). The grounds of Annulment of Governmental decisions In the Iranian Administrative Justice Court. 2nd Tehran: Jungle Pub (In Persian).
- Tabatabaei Motameni, M. (2018). Administrative Law. 21st ed, Tehran: Samt (In Persian).
- B) Articles
- 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).
- 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).
- 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).
- 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).
- 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).
- Vijeh, M. (2004). Concept of Equality in Modern Public Law. Constitutional Law, 1(2), 213-252 (In Persian).