نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
With the formation of non-governmental public institutions in the legal system of the Islamic Republic of Iran and their recognition in 1987, new legal requirements gradually emerged in correspondence with them, one of which concerns companies associated with non-governmental public institutions. Generally, it can be said that, due to the novelty of this issue and the lack of specific legislative history, the law has not provided a clearly defined legal nature for such companies. This research, using a descriptive-analytical method and referring to legal sources—specifically with emphasis on the rulings issued by the Administrative Court of Justice—seeks to answer the question: "What is the nature of companies associated with non-governmental public institutions?" Due to the lack of sufficient strict legislation on this issue and the existence of differing procedures in the Administrative Court of Justice, there are various opinions about the nature of these associated companies. Therefore, considering the principles of the legal system in the Islamic Republic of Iran and through critical examination of judicial precedents, it can be said that after the changes made in these companies, they have been removed from the category of government-owned corporations and are now subject to the general rules of private companies. On the other hand, it should be noted that, through a functional analysis of the structure of these companies—which more closely resemble government-owned corporations than private companies—the desirable status of such companies depends on their governmental position, a matter that necessitates amendments to the law and corresponding legal requirements.
کلیدواژهها [English]
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