Pathology of Laws and Regulations Related to Government Contracts in the Economic Development of the Country

Document Type : Original Article

Authors

1 PhD student, Public Law, University of Tehran, Tehran, Iran

2 Associate Prof., Department of Public Law, Faculty of Law and Social Sciences, University of Tabriz, Tabriz, Iran

Abstract

Governments, based on the ideas of the welfare state on one hand and the specialization of affairs on the other, as well as the principle of continuity of public services, reduction of state involvement, and strengthening their position as regulators, engage in contracts with the private sector. These types of contracts, considered a product of the modern state, take specific forms in different countries. In some countries, such as France, they are referred to as administrative contracts; in others, like the United States, they are known as government contracts; and in the legal systems of countries like India, Australia, and the Scandinavian region, they are called public contracts. In the legal literature of our country, all three names are used interchangeably. Today, advanced countries utilize the capacity for such contracts, opting to achieve their economic objectives through agreements with the private sector, such as collective labor agreements, rather than through direct intervention in economic areas. This article, using a descriptive-analytical method and based on principles derived from the constitution while considering the specific characteristics of government contracts with private individuals—such as the imbalance between the contractor and the employer (the government), adherence to general rules of private contracts, and the governance of administrative law requirements and principles like formality and prioritizing public interest—seeks to answer the question of what obstacles exist in the way of the system of government contracts? Additionally, how will addressing these obstacles and considering new measures in the framework of government contracts contribute to economic transformation? It is observed that so far, precise legislation in this area has not been enacted, and it is necessary to make fundamental reforms in the foundational (organic) laws of this sector while considering principles of justice and equality, participation, transparency, and the need to establish a specialized adjudication authority and define its jurisdiction, creating a clear distinction from private law.

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Main Subjects

References

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History

  • Receive Date: 24 April 2024
  • Revise Date: 23 June 2024
  • Accept Date: 07 September 2024

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