Document Type : Original Article
Authors
1 Imam Sadiq University A.S, Tehran, Iran
2 Tehran University, Tehran,Iran
3 Imam Sadiq Universit(A.S), Tehran, Iran.
Abstract
The Legal Nature of Administrative Institutions in Iran is one of the most complex and ambiguous issues in the administrative system, a problem that has intensified in recent years. The legal nature of the Central Bank, as one of the largest and most important institutions in the country's administrative and economic system, remains a key challenge in the administrative system's interaction with this entity. Despite multiple amendments to its governing laws, the legislature has not taken a clear stance on the matter, leading to perceptions that this ambiguity may be intentional. Perhaps due to this ambiguity -along with the severe lack of legal literature on the subject- no independent research has been conducted to clarify the legal nature of the Central Bank. Few have ventured into this obscure and multifaceted issue for examination. However, answering the question, "What is the legal nature of the Central Bank under Iran’s legal system?" is crucial, particularly for reforming the banking supervision framework and monetary governance. This question is key to any discussion on restructuring the Central Bank and strengthening its independence from the government, making it indispensable for resolving related legal and institutional consequences. In this study, through an analysis of existing laws and regulations, legislative, executive, and judicial practices -as well as the prevailing political climate- it is argued, based on collected legal sources, that the legal nature of the Central Bank under Iran’s legal structure is that of a “state-owned company”.
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