Legislative Flaws on Prevention of Corruption in Public Transactions in the Light of Recommendations of OECD

Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are facing with flaws which cause the possibility of committing corruption through them. Organization of Economic Cooperation and Development (OECD) in years of studying its members laws on domestic public transactions has provided recommendations for amendment of their laws which also could be useful for legal amendments in Iran. Using a descriptive-analytical method, this article has recognized such flaws in quintuple steps of public transactions (including assessment of necessities, pre-bidding and bidding, conclusion of contracts, implementation of contracts and final audit) in the light of OECD recommendations and has recommended enactment of an exhaustive criminal Act in this field and amendment of current laws on tenders and auctions for curbing corruption.