PATHOLOGY OF I.R.I. RULES ON TENDER’S EXCEPTIONS: IN THE LIGHT OF FUNDAMENTAL PRINCIPLES GOVERNING ON INTEGRITY OF PUBLIC TRANSACTIONS
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178827Abstract
Abstract. The macro volume of working capital in public transaction and various renting can form
administrative corruption in this field. To fight against corruption in public transaction, the governments have predicted different mechanisms and one of the most important types is obliging the administrative institutes to observe the formalities of tender in public transaction. The formalities of tender include the processes with the aim of protection of the public benefits, avoidance of corruption and keeping the competitive space. If the formalities of tender are not observed for some logical reasons, we can leave these formalities in the rules. As tender exception is performed without following the rules and processes of tender, observing the fundamental principles to guarantee the administrative health is necessary. These principles include transparency, competitiveness, responsiveness and revision of the administrative decisions. The present study evaluates the Iranian rules regarding leaving the formalities of tender based on the mentioned principles to define how much the rules are based on these principles. The studies show that none of the mentioned principles are observed as fully in the rules of not observing the tender formalities and the rules have serious shortcomings in this regard. The lack of observing of these rules have important role in administrative corruption in this stage of public transaction. It is attempted to explain the
weaknesses and strengths of the relevant rules and present corrective solutions and remove the legislative problems and fight against corruption in this field.
Keywords: Tender exceptions, Administrative corruption, Fundamental principles, Public transaction
References
Menatinejad, Sadegh. Winter 2007. The methods of cooperation in public trading. The legal journal of justice
court. NO. 61.
Mohseni, Farid. Spring 2013. Prevention of administrative corruption with the emphasis on IT. Legal views.
No. 61.
Schooner.S.L.(2002). “Desiderata: Objectives for a System of Government Contract Law ”, Procurement Law
Review.
Bagherzade, Hamid. 2013. The rights of tender: Basics and nature, First Vol. First edition. Tehran. Mizan
publication.
Salehsobhei, 1414. Nahjolbalaghe. Corrected by Feizoleslam. Darolhojre. First edition.
Sarikhani, Adel, Akramisarab, Rohollah. Summer 2013. The preventive functions of transparency in criminal
politics. Legal journal of justice court. No. 82.
Ansari, Bagher. 2008. Information freedom. First edition. Tehran. Dadgostar publications.
Molayi, Ayat. 2014. The administrative contracts: Comparative study of grounds, basics. Nature and
principles. First edition. Tehran. Mizan publication.
Trybus Martin, “Improving the Efficiency of Public Procurement System in the Context of the European
Union Enlargement Process ”, Public Contract Law Journal, vol. 35. No. 3, Spring 2006, (PP. 409-425), P
In: Hein Online (http:/heinonline.org)
Lipst, Simor Martin et al., Spring 2004. Encyclopedia of Democracy. Translated by the control of Kamran
Fani and Norollah Moradi. Vol. 2. The publications center of ministry of foreign affairs.
Hosseini, Seyed Hossein, Ahmadi, Zahra. Spring and Summer 2014. The criminal policy of the law of
performing general policies of principle 44 of constitution. Economic rights. Year 21. No. 5.
Hosseini, Esmail. 2015. The principles of public contracts. Fifth edition. Behnami publication.
Ahmadi, Aliakbar et al., 2015. Financial and administrative corruption in the current organizations. First
edition. Tehran. Fozhan.
Zarei, Mohammad Hossein (Spring and Summer, 2001). The process of being public and responsiveness and
state management. The journal of higher education complex of Qom. Third year. No. 9.
Stiglitz.J.(2002): “transparency in government. The right to tell: the role Of mass media in economic
development”. World bank institute.
Hamdami, Khotbesara. Abolfazl. 2008. Financial corruption. The causes, grounds and strategies of fighting
against it. The research center of strategic studies. Tehran. Second edition.
Masumi, Seyed Mohammad. Winter 2007. Social prevention of corruption. Legal journal of justice court.
NO. 61.
Niazpour, Amirhossein. Fall 2015. Prevention of administrative-financial corruption based on the regulation
of prevention and systematic fighting with economic corruption in executive power. 2013. The strategy. No.
Gholipour, Rahmatollah and Nikraftar, Tayebe. 2006. Administrative corruption and the solutions to fight
against it. Parliament and research. Year 13. NO. 53. P.37.
Moshfegh, Mohammad Ali. Spring 2010. Social pathology of administrative and economic corruption in Iran.
Research of social science. NO. 52.
Esmaili Harrisi, Ebrahim. 2013. The rights of construction industry: explaining the law of holding tender.
First edition. Dadgostar publications.
Shiravi, Abdolhossein. Fall 2006. The comparison of the law of holding tender with the approval of public
procurements in the world trade organization. Journal of humanities teacher. Period 10, NO. 3.
Vafayi, Hassan. Aban 2004. Financial corruption in public contracts. Report. NO. 157.
Ansari, Valiollah. 2013. The generalities of the rights of administrative contracts. Sixth edition. Tehran. Law
maker edition. Danesh Negar.
Downloads
Issue
Section
License
Authors who publish with this journal agree to the following terms:
1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
