فصلنامه مجلس و راهبرد
پیاپی 104 (زمستان 1399)

The present research seeks to investigate, identify and explain the impact of mortmain properties or waqf on government size in the economy. The purpose of this paper is to investigate the application of this role while employing the Descriptive-Survey Method. The text of the interviews and the background of the research was analyzed using the Theme Analysis Method. Furthermore, the questionnaire and the investigation of the role of social entrepreneurship as a mediator variable, was assessed by the use of structural equations and the Amos Software. The statistical community is made up of experts in the field of economics and management. In this study, the sample size for the interview was 18 people and the number of samples for the questionnaire, based on the application of purposeful sampling, was 62 people. The Cronbach alpha deduced was 0.812, which indicates that the reliability of the questionnaire was appropriate. The research findings show, in order to minimize government through waqf, social factors including "educational factors" and "cultural factors", and process factors including "developmental factors" and " health factors", should be considered as waqf accelerators. In addition, the role waqf plays, as a mediator variable, in social entrepreneurship which leads to the minimization of the government, should be emphasized.

The present study intends to introduce the model of the ‘Publications and Libraries Bill’ by monitoring and compiling the laws and regulations in this field. This research is conducted using the Grounded Theory Approach and aims to further develop its application. Developmental-Applied Data and a Combination Method that integrates Documentary, Delphi and Grounded methods was used. 75 studies based on the subject of publication and 185 studies based on the subject of libraries (various kinds of libraries) were found and identified. Then, each subset status was determined. By analyzing the data of the questionnaire, 15 legal vacuums were found and identified.  The most important, was the requirement to establish and strengthen school libraries in schools. After obtaining interviews and reviewing them word by word and using the Content-Analysis Method, 52 concepts were extracted from 86 key concepts. They were then grouped into 12 categories; these were: publishers, publishing, authors, macro strategies, structure and organization, librarians, public and academic libraries, resources and credits, collection and judicial affairs and penalties. Using the methods of Grounded Theory, conceptualization and categorization, conceptual relationships and isolating common features between open identifiers, concepts and categories were identified based on the similarities found among them. As a result, the final model was based on three categories: conceptual, qualitative, and component components. The pivotal coding model of the bill included the causal conditions, intervening conditions, ground conditions and strategies and outcomes, and then finally, with full identification of the gaps and legal requirements, a proposed bill of support for publications and libraries was prepared.

The drought in Lake Urmia has now lasted for decades. At first glance, it seems like the management of this lake should be considered as an example of "bad" management in the public domain, in other words a type of management which has not benefited from enlightened, critical and scientific thinking. It may also be claimed, those managing Lake Urmia either did not think about the future, showed biasness towards strategies, which would have helped them, or politicized the problem. Using the descriptive-analytic research method, this paper tries to provide a satisfactory legal response to this central question: what barriers and legal constraints have halted the restoration of Lake Urmia? This research concludes that the main barriers and legal constraints come from the governing bodies, and the views and actions of the triple powers in Iran: legislature, executive (government), and judicial. Furthermore, the fact that the private sector does not show the ability or willingness to cooperate with the government to revive the lake is also largely influential. This paper discovers that effective environmental principles have not been addressed by the governing bodies. These issues clearly illustrate why the restoration of Lake Urmia has failed. If one wishes to liken this lake to a living creature, it would be fitting to say, Lake Urmia has gone into a “coma”.

Strategy implementation consists of three stages, which are of utmost importance in strategic management. Despite the importance of strategy implementation, it is less researched and developed than strategy formulation. In addition to scientifically identifying and introducing key and influential factors in the implementation of strategy in Iranian commercial banks, this paper seeks to share and prioritize the impact of these variables. Implications of the implementation and the challenges ahead are also briefly described. The research method is descriptive, and an applied and purposeful result is sought, and in terms of data it is quantitatively qualitative. The research strategy in the qualitative section employs the Grounded Theory, and in the quantitative part uses the Analytical Hierarchy Process. The coding technique used to analyze the qualitative section is based on Strauss and Corbin's Paradigmatic Model; the quantitative section is analyzed based on the paired comparisons and the analysis of the inconsistency rate. The research community consists of experts from commercial banks such as, Mellat Bank, Tejarat Bank, Melli Bank, Sepah Bank, Refah Bank, Mehre Eqtesad Bank and Ayandeh Bank. The sampling method is purposeful judgment accompanied by the Snowball Technique. Data collection tools are employed in the qualitative part of the interviews and document analysis is used in the quantitative part of the questionnaire. The findings of the study reveal 12 main factors, 9 challenges and 5 outcomes for implementing a strategy in the commercial banking sector of Iran. These outcomes are prioritized and allocated according to the importance of each one of them in strategy implementation.

Economic, political and social development in any country significantly depends on human capital and the knowledge created by them. Therefore, the immigration of these professionals and experts undoubtedly decreases or stops the rate of speed of development. Hence, maintaining, keeping and helping develop the manpower of these experts is of vital importance. Furthermore, identifying the factors which influence the decisions of these experts and prodigies causing them to migrate would make policy makers more aware of the reasons behind loss of human capital. As a result, new policies can be put in place to stop or decrease the future loss of human capital. This paper aims to identify and prioritize influencing factors on the brain drain trend so that it may be used for future policy-making as we are now in the midst of a forth wave of this phenomenon, and to also provide strategic futuristic tools. This was achieved using the Delphi Method. The findings obtained by this paper show that, in order of greatest degree of influence to least degree of influence, educational factors, livelihood, social factors, political factors, and economical factors will be the most important elements affecting the brain drain trend in the following years. This paper also provides recommendations, which are based on research findings, for policymakers to take into account.

The principle of the rule of law and the principle of the legality of crime and punishment are considered to be among the fundamental principles of law and are of great importance in public law. The problem is, given the existence of the following holy verse, “no rulership except by Allah alone”, and principles such as the rule of law and the legality of crime and punishment, how can the obligation of certain Muslim precepts be assessed both jurisprudentially and legally before the law is legislated? This paper explicitly states that the Sharia laws taken into account in this study are ones that jurisprudents unanimously agree on and so are not subject to the ruling of the jurist's fatwa and there is no need to compare the applicability of the rulings (unconditional judgments). In this research, we analyzed the aforementioned problem from a jurisprudential and legal perspective. The obligation to carry out these types of sentences prior to their legislation or compilation based on the jurisprudential point of view, the constitutional principles of the Islamic Republic of Iran, the practices of the Guardian Council, some ordinary laws, and the views of the Assembly of Experts is what this paper proves.

The issuance of licenses is known to be one of the main barriers to entry for businesses. This article focuses on the necessity to distinguish between "deregulation" and "de-licensing". Although de-licensing is a part of deregulation and in fact de-licensing is required before deregulation is carried out, the removal or amendment of laws and regulations, which are detrimental to production and business, should be set apart from the removal of disruptive business permissions. For deregulation, the parliament and the government are required to interfere and identify disruptive laws and regulations, and they are also required to agree to the implementation of procedures for Codificaton and Regulatory Impact Assessment (RIA). However, de-licensing in particular, requires the government’s interference through institutions, headquarters, and ministries, in order to abolish and remove licensors, anti-competitive practices, and unfavorable conducts in the business environment. Due to the bureaucratic practices which exist in Iran today, the layout and the procedures within the administrative system need to be amended in order for de-licensing to be carried out justly. Many of the procedures within the administrative system are as a result of the violation of laws and regulations and are arbitrary measures. The excessive attention paid to the legal system and the repeated approval of laws and regulations have led to the weaknesses and flaws of the bureaucratic system being overlooked.

In order to stop reliance on the oil economy and finance the yearly budget of the country, safeguarding tax revenues and benefitting from them are ever the more necessary. Tax evasion is thus criminalized not only in Iran but also in most countries. However, the criminal strategy can only be effective if it is properly developed and implemented. The amendment of the Direct Tax Law in 1394, brought about a better level of performance from Iranian legislators in comparison to their performance on previous regulations. Also, by expanding the criminal scope of tax evasion, more activities were categorized as tax evasion, but this approach was not formulated in a way that would act as a powerful and deterrent tax evasion strategy. Hence, the use of disproportionate financial penalties, the lack of legal consequences for those attempting to evade taxes, the lack of explicit and general legal consequences and penalties for conspiring to evade taxes, and the lack of specification of the prosecution and investigation stages are only part of the most important holes within the Iranian legislative system against tax evasion. On the other hand, the Canadian Legislative System has adopted a better criminal justice policy in aspects of criminalization, penalization, and specialization in criminal proceedings to counter tax evasion. Therefore, this paper intends and aims to draw up and recommend a preventative and effective tax evasion strategy by analyzing and comparing the penal rules of Iran and Canada.

‘The Conservation of the Use of Agricultural Lands and Gardens Act’ was passed due to the importance that land plays in sustaining food security and in order to determine a required procedure for altering how a particular piece of land is employed. Due to problems with the implementation of this law, it was amended in 1385 thus enforcing both a demolition and a fine upon unauthorized alteration of land use. Article 10, paragraph 2, refers to the "independent" demolition of a building as one of the duties of the Agricultural Jihad Officials, and has led to various interpretations and judicial opinions. As a result some judiciaries enforced the demolition of buildings without issuing a clear ruling. This paper aims to identify the nature of this law and explain the effects of the nature of this law on those enforcing it. The descriptive-analytical method is employed to prove this paper’s hypothesis: the enforcement of demolition of buildings based on the law passed in 1385 is criminal in nature. This paper establishes that the aforementioned article, has expressed a particular ruling on how to enforce a criminal law. This is because according to Article 484 of the Code of Criminal Procedure, the issuance of the executive order is up to the prosecutor, while the execution of the demolition is up to the Agricultural Jihad Officials. Therefore, the demolition of a building following the unauthorized alteration of land use is possible only after judicial proceedings and the issuance of a final ruling whereas, demolition without a final ruling is void of legal justification and is in itself punishable by criminal law.

Desirable urban governance is one of the most important indicators of sustainable urban development and is essential for the popularization of urban governance. The purpose of this study was to examine the upstream (constitutional) documents, the intermediate documents (the fourth and fifth five-year plans) and the downstream documents (municipal law) in order to find a desirable city-governed position in these laws. The method employed in this research was a qualitative Content Analysis Method which uses the tabular approach. In regards to desirable governance indicators in upstream and downstream legal documents, the results showed that, the more the fundamental laws of urban development, such as the Constitution, decrease to laws of lesser levels of importance, such Municipal Laws, the more the number of principles representing the criteria for good governance decrease. Also, analyzing the the timing of the fourth and fifth development plans shows that in the fifth plan, which was developed several years after the fourth plan, we were faced with an increase in the number of criteria that were viewed as the desired standard of good governance.

The purpose of this study was to design and formulate strategies for the development of football in the country. The research method was mixed (quantitative and qualitative) and in the form of strategic studies. The purpose of the present study is practical and field data collection. The statistical population of the study comprised of 75 officials in the quantitative section consisting of, federation officials, managers of top tier football clubs and football experts, and of 14 people, who were managers and football experts, in the qualitative section. Due to the limitation in the statistical population, the sample was equal to the population. To collect the research data, high-level documents, background literature, expert opinions, and internal and external environmental factor questionnaires were used. IFE and EFE matrices were employed to determine strategic positioning and the formulation of strategies. SWOT analysis was used to devise strategies and QSPM technique was used to prioritize the findings. The findings showed that the Football Federation has six strengths, eight weaknesses, six opportunities and seven dangers. The strategic position of the federation was also conservative and 11 strategies were designed and prioritized. According to the results of the QSPM matrix, it is necessary that steps are taken to ensure professional development and the standardization and privatization of professional football clubs. Furthermore, an outline of management performance within the federation and a staff performance assessment should be set out and practiced. In addition, an ethical charter must be written out, developed and promoted at Grassroots Football, Championship Football, Professional Football levels and also fan-base levels.

The aim of the present study is to investigate the effect of increasing food prices on the welfare of urban households in Iran using the Almost Ideal Demand System (AIDS) based on the Panel Data Method and the extraction of prices and income elasticities in five different food groups: bread and cereals, meat, dairy and eggs, fruits and nuts, vegetables and legumes. These food groups all had a high coefficient of importance in the household food basket in the period from 2006 to 2017. The Compensatory Variation (CV) index was used to assess welfare losses among these households. To estimate the welfare losses due to price changes, the country's provinces were divided into two groups with high and low urbanization ratios. The calculation of the CV index also showed that households faced a decrease in welfare with the increase in food prices and suffered financial losses. Also, based on their levels of urbanization, the existence of a one-to-one relationship between inflation and welfare loss in both groups of provinces was confirmed. This was such that, welfare losses due to a one percent increase in inflation required double the compensation and a five-fold increase in the incomes of households living in provinces with both high and low urbanization rates.