An Ambiguity in Legal Nature of Nongovernmental Public Institutions and Their Consequences

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TANGESTANI MOHAMMAD GHASEM

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Journal: MAJLIS & RAHBORD Year:2020 | Volume:27 | Issue:103 Page(s): 5-30

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Title

An Ambiguity in Legal Nature of Nongovernmental Public Institutions and Their Consequences

Author(s)

TANGESTANI MOHAMMAD GHASEM | Issue Writer Certificate

Keywords

Government DepartmentQ1

Public SectorQ1

Administrative CorruptionQ2

TransparencyQ2

Abstract

Nongovernmental public institutions are those institutions whih have been founded after the Islamic Revolution as well as recognized by the Iranian Public Audit Act. Considering differences of legal regimes between Government Departments and nongovernmental institutions, discussions have been raised whether they are governmental or non-governmental organizations sine their establishment. This ambiguity which is arising from the title as well as codition of supplying more than fifty percent of their budget from non-governmental financial sources has made it difficult to discern the nature as well as legal ruling regime over these institutes. This Ambiguity has been sometimes led to a growing tendency to create a legal entity of (under) public law in the form of a nongovernmental public organization. The elimination ambiguity from nature of these institutions is one of the requirements for administrative health promotion as well as combating corruption. The paper is seeking to answer two main questions which are arisen through using descriptive-analytical research method Are the nature of nongovernmental public institutions ambigious? As well as what are the meaning and purpose of "Non-governmental" term? At first, legal components of these institutions are explained. Then, different attitudes towards theses institutrions' legal nature are analyzed. Finally, we investigate three examples of these institutions. These institutions are neither exactly similar to legal entities of private law nor perfectly compliant about legal norms and constituents of the state bodies. In fact, they have a combination of the constituents and criteria which constitute government agencies as well as legal entities of private law; the situation that puts them among these institutions. The identification of an independent sector called the "Non-Governmental Public Sector" needs consideration for specific rules and regulations governing them as well as avoidance of any ambiguity in their nature, circumstances and legal system.

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APA: Copy

TANGESTANI, MOHAMMAD GHASEM. (2020). An Ambiguity in Legal Nature of Nongovernmental Public Institutions and Their Consequences. MAJLIS & RAHBORD, 27(103 ), 5-30. SID. https://sid.ir/paper/376553/en

Vancouver: Copy

TANGESTANI MOHAMMAD GHASEM. An Ambiguity in Legal Nature of Nongovernmental Public Institutions and Their Consequences. MAJLIS & RAHBORD[Internet]. 2020;27(103 ):5-30. Available from: https://sid.ir/paper/376553/en

IEEE: Copy

MOHAMMAD GHASEM TANGESTANI, “An Ambiguity in Legal Nature of Nongovernmental Public Institutions and Their Consequences,” MAJLIS & RAHBORD, vol. 27, no. 103 , pp. 5–30, 2020, [Online]. Available: https://sid.ir/paper/376553/en

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