»public Law analysis of the share of privatization beneficiaries in Islamic republic of Iran«

Privatization usually refers to economic programs to reduce government ownership of enterprises. Four decades after the start of this project in the world, the logic of privatization has not stopped only in reducing government holdings of enterprises and has also crossed the boundaries of government competencies in holding and distributing public goods and services.In Iran, in the late 1960s, privatization entered the country's economic development programs, and with the interpretation of Article 44 of the Constitution in the mid-1980s, this program gained significant momentum. Regardless of the difference in the waves of privatization, the statistics show a large deviation in the record of privatization in Iran. The small share of the private sector on the one hand and the high share of government institutions in the allocation of divestitures on the other hand indicate this deviation. Against the question of what is the reason for this deviation, there are two claims. One claim considers the deviation in the implementation phase, and another claims that this deviation stems from the government's legal support at the legislative level, including the interpretation of the constitution and the enactment of some ordinary government laws and regulations. The legal analysis of each of these two claims makes it clear that the small share of the private sector in the experience of privatization in Iran has been the product of large-scale legal protection in favor of the main beneficiaries of privatization, rather than a deviation in implementation.