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National Development Fund" and examining its legal nature
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Abstract: (136 Views) |
Abstract
The National Development Fund was established based on Article (84) of the Fifth Development Program Law (Article (16) of the Law on Permanent Provisions of the Country's Programs - Fund Statutes) after the unsuccessful experience of the foreign exchange reserve account. Examining the nature of the National Development Fund shows that its legal structure has been determined by a special law, and specific roles and responsibilities have been explained for its three pillars in order to achieve certain goals. The Public Accounts Law of the country has declared the legal status of all public and government organizations exclusively in three forms: ministry or government institution or governmental company, while the National Development Fund is not part of any of the mentioned legal forms. So, by having some characteristics of each of the above legal forms, it can be recognized as a multifaceted organization. According to the details of negotiations and the process of approval of the Fifth Development Program Bill (Article 84of the Law) and the opinions and reasoning bases of the Guardian Council and taking into account the provisions of numerous legal articles that are stated in their text, "the assets of this fund belong to The the Islamic Republic of Iran" and "the fund is subject to this statute and the laws of public and non-governmental institutions and monetary and foreign exchange policies in administrative, employment, financial and transaction matters." And also considering that in the constitution of the Islamic Republic of Iran, there are other institutions that do not necessarily come under one of the Triple powers, the special legal existence of the National Development Fund is emphasized and its legal nature is distinguished from the other three Legal forms.
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| Keywords: National Development Fund, legal nature, legal structure, legal personality |
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Full-Text [PDF 981 kb]
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Type of Study: Applicable |
Subject:
Special
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