Legal Foundations of Privatization in the Light of the General Policies of Article 44 of the Constitution

Privatization means the transfer of government ownership to the private sector and the basis of various laws and regulations that exist in this field. Knowledge of the legal basis of this issue requires the examination of laws related to transfers and privatization in different economic sectors. Before the legal basis is examined; It is necessary to specify the economic system of Iran. In this regard, the fundamental law of Iran, i.e. the constitution of the Islamic Republic of Iran, has divided the economic system of the country into 3 cooperative, public and private sectors and has stated the scope and scope of each of these three sectors in general. The main question raised in the upcoming article is what are the legal bases of privatization in line with Article 44 of the Constitution? In response to the main question of this hypothesis, it is suggested that the legal foundations of privatization exist in the Constitution, the Law on the Implementation of General Policies, Article 44, Development Laws, and the Vision Document, and the most obvious of these foundations can be seen in the handovers to non-governmental sectors. Of course, there is no specific law in the field of privatization in which the criteria, conditions, mechanisms and legal frameworks are clearly specified; It will not be possible to implement and advance privatization in the desired way. By examining the various laws that exist in the field of privatization; It is possible to reach the answer to the question in order to provide a favorable model of privatization in Iran's legal system.