فصلنامه مجلس و راهبرد
پیاپی 60 (پاییز و زمستان 1387)

The paper emphasizes an inevitable role of general policies of Article (44) of the Constitution in promoting Iranian economic status and studies requirements for effective implementation of these policies.Therefore, the position of these policies-as a competitive policy packagehas been identified theoretically and experimentally. Theoretically, it was found that one of the distinctive aspects of the modern economy is changing state and market roles and their interaction in which costs of the state intervention decrease but interests of control and guidance increase. Scientifically, the declaration of these policies can be a turning-point in Iranian economy history. The objective of these policies is to prepare a good way for non-governmental sector's activities as well as paying attention to the aspects of social welfare.Enjoying results of these policies can be only possible by preparing good ways that according to the findings of this study, the most important of them, are as follows:Providing a competitive condition, the simultaneity of information,supportive legal frameworks and an institute which guarantees the implementation of laws, an efficient monetary and financial system, and the establishment of civil institutions which considering them is necessary.

The main objective of this article is to study the functions of three effective and independent variables in the implementation of general policies of Article (44) of the Constitution: the submission of government (responsibly), people’s investment ability and economic freedom and doing business in the country.According to the restriction of the implementation of these policies, and for the validity and reliability of the study, the theoretical bases and results of experimental studies are more focused than the results of its functions. We have used Library Research Method (LRM) to gather the needed data and used Meta Analytical Method (MAM) to analyze them, too. Therefore, after reviewing the ownership and management theory and revising experimental studies, by reviewing the reports of the performance of the implementation of general policies of Article (44) of the constitution in the previous years, it is found that privatization and granting the state shares have been totally influenced by the implementation of Justice Share Plan (JSP). Furthermore, by accepting private and cooperative sectors abilities to implement the mentioned policies by the related indices, it is shown that Iranian economy cannot prepare a good way for economic freedom and necessary doing business for the participation of private sector. Consequently, it is suggested that in order to expand the privatization, the state should apply sections “A” and “B” of these policies, especially high and low sections of Article (44) and the expansion of economic freedom, the improvement of doing business, and necessary institutionalization by the enforcement of section “C”;and especially focusing on the JSP too.

The general policies of Article (44) of the Constitution can be interpreted as a change in the state and market structure of Iranian economy. It is hoped that the objectives of Iran's perspective plan are achieved by using the new structure and the implementation of general policies of Article (44). The history of Iranian economy shows that oil incomes and using them in national economy through financial policy by states are the most important factors for the new structure of the state and market. In other words, taking possession and policy making on natural resources of the country by executive power have played major roles in creating the new situation. Therefore, changing the current responsibilities and activities of the state and preparing a good way for non-governmental sector to play a major role in natural resources need fundamental reforms in this sector, particularly in oil sector and the relevant policy making. According to the fact, to reform the status quo and to help the implementation of general policies of Article (44) of the constitution, three main steps should be taken: first,recognizing inter-generation position so that it can undertake policy making in oil and gas fields, second, establishing Anfal national fund and distributing oil and gas incomes directly, and third attempting to get rid of petroleum exports and vice versa changing the view on oil as an industry which is followed up by non-governmental sector.

The assessment of Justice Shares in terms of the achievement of included objectives in General Policies of Article (44) of the constitution, the relevant law and the performance of privatization organization have been discussed in this paper. The main objectives of these policies are as follows: economic growth, the expansion of public ownership and poverty eradication, the achievement of social justice, the reduction of financial burden and public administration in economic activities, the improvement of public employment, and the encouragement of the public in saving and investment and the improvement of familie's incomes. Distribution of Justice Shares is based on the letter of Iranian Supreme Leader to the President and it is known as a part of these policies. And it is authorized provided that the implementation of this plan prevents from more intervention the state in abandoned firms. To achieve the objective, some articles have been included in the amendment of articles of the 4th economic, social and cultural development plan Act of Islamic republic of Iran and the implementation of general policies of the constitution. Results show that poverty eradication, the reduction of gap class, efficiency increase and the reduction of the state's invention objectives couldnt have been achieved by the implementation of the distribution of Justice Shares Plan as included in these policies. Also the process of pricing Justice Shares, the recognition of Justice Shares, and granting it to the qualified is inconsistent with some of the mentioned objectives of general policies of Article (44) and they have not been organized appropriately.

A corporation is the most typical company throughout the world which plays a major role in controlling economic market. Legal and economic requirements of the privatization in our country which its importance is reinforced by the ratification of general policies of Article (44) and its implementation Act necessitate considering commercial firms, especially corporations more. As consequences of the privatization which is an element of general policies of Article (44) will be ambiguous if legal aspects and economic effects of these companies are not clarified clearly.In other words, if considerations of the amendment of corporation's laws and regulations arent taken into account, there is no hope to achieve successful privatization and its objectives.

In the new situation of global economy, foreign investment plays a major role in economic development. Most of discussions focus on what kind of investment is useful for Iranian economy and how can we attract foreign investment? Foreign investors, especially transnational companies are interested in investing in advantageous regions to make more profits and competitive condition. According to studies, the main reason for much Foreign Direct Investment (FDI) and Foreign Portfolio Investment (FPI) can be many factors such as legal factors and economic policy making, economic structure factors, supportive and motivating factors and geographical and political factors.Studies show that market and prices manipulation are main challenges facing capital market. Unvarying financial instruments, the dominance of Iranian banking network over the market, few accepted investment companies in portfolio, lack of electronic network expansion into thecapital market, public administration, and newer establishment of stock exchange association than Iranian banking system, many ambiguities in the second phase of Justice Shares supply and demand furthermore how these shares are granted are known as other main challenges facing capital market and the implementation of Article (44). The paper discusses these challenges and provides strategies to remove them.

Undoubtedly, correct implementation of General Policies of Article (44) of the constitution can change Iranian economy considerably.Obviously, such implementation needs many economic, cultural, social,political and legislative requirements. Also controlling on good implementation of these policies by regulatory systems is known as a requirement to succeed. Some of necessary supervisions have been stipulated by the amendment of Articles of the 4th development plan Act and the implementation of general policies of Article (44) of the constitution. This paper studies necessary requirements of different fields mentioned above and discusses controlling on good implementation of general policies of Article (44) by regulatory systems. Results show that Expediency Council, Islamic Consultative Assembly, the Judiciary and their relevant systems are the most significant regulatory systems in this field.