چکیده:
Professional unions or trade systems, are considered as the factors of innovation and independence of technical institutions from the central government. In this article, using a Descriptive-Analytical method based on library information collection, the realization of the professional system in Iran has been studied. Examining the constitution and ordinary laws in domestic law, it is concluded that the existing professional systems in Iran are incomplete in some structures and according to some practical policies of the central government, lack the basic principles. In this study, it was found that the Iranian professional unions or trade systems are far away from the proposed definition and policies by the central government to prevent the realization of the institutions under the management of the professional system.
خلاصه ماشینی:
Professional systems are instances of a technical decentralized system that the central government delegates to the aforementioned institutions through the establishment of organizations, independent associations, a portion of local decision-making and actions—which do not have a national or security nature—and certain technical-specialized matters (Ostovar Sangari and Emami, 2010, Vol. 1: 54).
The most important advantage of this legal-administrative system is the freedom of will of these entities and institutions in decisions, actions, and the selection of members of these entities, which, with the development and enforcement of this principle in the constitution, ordinary law, and decisions the legislative power and even judicial-administrative practices leads to the consolidation of the valuable institution of professional systems (Grindle, 2009, Vol. 1: 200).
Looking at the administrative legal system of Iran, it is clearly evident that professional and guild systems that fall under the technical decentralization system are not subject to the financial supervision and control of the Court of Audit (Article 1 of the Law of the Court of Audit) and the Public Tenders Law and other general regulations of the country.
Considering the necessary principles for the realization of a professional system and looking at the laws related to the administrative law system of Iran, the legislator in different laws such as the Engineering and Building Control System Law, the Statutes of the Iranian Society of Official Tax Consultants, the Guild System Law, the Law on the Protection of the Rights of Computer Software Creators, and the executive regulations of the latter law, has identified the principles of independence in legal personality, freedom in selecting members, financial independence, and freedom of action, and explicitly refers to the aforementioned principles.
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