According to the International Iranian Stone Exhibition, the most important of these issues are in the field of economics, where you need to get a license after a week to start a small business or workshop. According to the World Bank's "ease of doing business" index, Iran ranks 127th out of 190 countries in terms of ease and ease of doing business. The Iranian Chamber of Commerce, which monitors the status of the "business environment index" on a quarterly basis by receiving comments from several thousand economic actors, has mentioned in all its reports, including its latest report, which is related to the autumn of '99, among the top 10 barriers to production and business. In Iran, the components of "laws and regulations governing business" and "administrative barriers to obtaining business licenses from executive bodies" are the third and fourth important and influential cases in the unfavorable business situation in the country, respectively. Therefore, in addition to inflation in prices, our country also faces inflation in laws. In this regard, according to the studies of the Parliamentary Research Center, out of a total of 17 thousand 673 rulings imposed in the fields of industry, mining and trade, more than 7 thousand 413 rulings have been identified as invalid and unnecessary. Out of 2,351 laws enacted in these 3 areas, 973 of them have been determined without validity. More specifically, in the industrial sector, there are about 593 laws and 6378 invalid and cumbersome rulings, which in the mining sector reaches 1083 laws and rulings. In the trade sector, 287 laws and decrees have been declared unnecessary by providing documents. According to the slogan of the year, which is "production, support and barriers", it can be said that inflation of laws along with price inflation are the two main obstacles to production and activity, which should be tried to reduce both in parallel and at the same time.

Inflation of laws in the country

Different sections of society, including economic, social, etc., need to go through the legal and administrative system of the country to perform any act, where we face a fundamental challenge. "Dispersal and inflation of laws" bother the legal system and the administrative bureaucracy of the country, and its smoke goes directly and indirectly to the eyes of different parts of the country. For example, if a manufacturer intends to build a small workshop with coordinates of 10 people, it must have different licenses from devices such as; Receive the Ministry of Industry and Mines, the city council, municipalities, guilds, insurance, etc., which can be interpreted as "Rostam Weekly". In our country, even for obtaining a business license, something like 20 general and specific laws have been defined. The challenge of "inflation of laws" in the country has started since the beginning of constitutionalism, ie a century ago, and in 1340, 1350 and 1389, fruitless efforts have been made to reform it. Apparently, during the 113 years of legislation in the country, about 13,000 laws have been formulated and approved, the volume of which makes policymakers' attention to their removal, amendment and restoration inevitable. The Parliamentary Research Center started studies and researches in 2008 to write the law, compile and amend the laws and regulations of the country. The results of this research came to fruition in the spring of 1989 in the adoption of the law in this regard and its executive instructions. The law was amended in the last days of that year, and the parliament wrote its executive instructions in August 1989. According to the name of the year; "Production, support and disincentives" will inevitably go hand in hand with controlling inflation and revising laws.

The rules of business disaster

Today, improving the business environment is considered one of the most important strategies for economic development of any country. The creation of value and wealth in that society also increases. According to the World Bank's "ease of doing business" index, Iran ranks 127th out of 190 countries in terms of ease and ease of doing business; This means that doing business in Iran is more difficult than in 127 countries. The Chamber of Commerce also publishes the status of "Iran Business Environment Index" on a quarterly basis. In its latest report, among the 10 main barriers to production and business in Iran, the component "rules and regulations governing business" and "administrative barriers to obtaining business licenses from devices Executive »are the third and fourth important and influential cases in the unfavorable business situation in the country, respectively. In this regard, in 1994, the "Board for Deregulation and Facilitation of Business Licensing" was formed with the aim of reducing the costs of business licensing and raising Iran's ranking in the business index to less than 20 in the next 10 years with the approval of the Islamic Consultative Assembly. Now, according to the approvals of this board, the Parliamentary Research Center has studied the performance from February 2015 to the end of September 2016, the definite achievements of which are only; The adoption of a regulation has been the proposal to amend an executive regulation, the repeal of four directives and the repeal of an instruction. Thus, according to the announcement of this center; The Regulatory Board, despite taking the necessary steps to organize, facilitate and expedite the issuance of licenses, is proceeding with the necessary processes very slowly, and in general it can be said that the performance of the Regulatory Board has not been effective. Continuing to slow down in facilitating the business environment will discourage many entrepreneurs and further deprive many of them of employment.

1083 Unnecessary Law in the Mining Sector

Due to the wide range of impact on other economic and industrial sectors of the country, the mine strengthens infrastructure (such as energy infrastructure), the development of other industries (such as ports, rail transport, etc.), the prosperity of business and exports. In the current situation and given Iran's position in the international system, giving priority to mining development is a smart way to strengthen the country's economy against international pressures and sanctions. In this regard, it is noteworthy that according to the published information, the total investment in the country's mines during the last 28 years (from 1370 to 1398) has been only 19 thousand and 300 billion tomans. Meanwhile, Iran, with one percent of the world's population, contains about 7% of the world's valuable mineral reserves and is among the top 10 countries in the world in terms of metal and non-metal reserves. According to experts, one of the reasons for the inactivity and insecurity of this sector in investment and job creation is the existence of a multitude of laws and regulations that play the role of a wall in this economic sector instead of facilitating and strengthening mining. However, for many years, no serious move has been made to revise the laws in the field of mines and mineral industries, and for the first time, on December 15, 1999, the "List of Invalid Laws and Rulings" in this field was approved by the parliament. According to a report by the parliamentary research arm, over a century of legislation in the field of mining, 619 "laws" and 2919 "rulings" have been passed, some of which are currently invalid. According to the center, all the laws in the field of mining are divided into "implicit obsolete laws", "canceled laws" and "implicit term laws". Final studies show that in the mining sector, 38 laws and 141 rulings are in the category of implicit obsolete laws, which means that the law is invalidated by another law that has been enacted since then. In the following, 34 laws and 52 rulings are defined in the row of repealed laws, as well as 186 laws and 632 rulings under the rules of implicit term. In general, it can be said that in the mining sector, there are about 1083 laws and decrees that are unnecessary or expired and at the same time invalid. It remains to be seen what measures will be taken to revise, amend and reduce laws in this area by approving the "List of Invalid Laws and Rulings".

Fifty-five percent of industry laws are cumbersome

Currently, the industrial sector in the country's economy plays an important role in creating added value and job creation. Every part of our country's industry is associated with high diversity. The field of industry is more diverse than other sectors, and there is capital needed to continue their activities in the economy. This is while the highest vulnerability of national production is observed in this part of the national economy. According to the latest data published by the Statistics Center, the number of employees in this sector is 8 million people (equivalent to 35% of the total working population) and its GDP is 600,000 billion tomans (equivalent to 20% of the total GDP). According to the Research Center of the Islamic Consultative Assembly, after about 113 years of legislation in the country, several laws have been passed in the field of industry, some of which are currently invalid and others remain valid. However, one of the factors hindering the boom in the industrial sector is the "instability of business rules and regulations", which are among the external challenges of the industry in the structural and macro sector, so it is necessary to remove invalid laws in this sector. Final studies show that out of 1450 laws and 12155 rulings in the industrial sector, 154 laws and 1239 rulings are among the obsolete obsolete laws that are invalid. Also, 160 laws and 1255 rulings are defined in the row of repealed laws and 279 laws and 3893 rulings are defined under implicit term laws. In other words, there are about 593 laws and 6378 invalid and cumbersome provisions in the field of industry, which account for 55% of all laws and provisions identified in the industrial sector.

287 Invalid Commercial Code

The trade sector has similar conditions to other sectors and its internal and external components are of special importance in economic development. Examining all the provisions in the field of trade in the relevant laws of the country by the Parliamentary Research Center, some articles of a law are explicitly obsolete, some expired, some repealed and some implicitly obsolete. The "List of Invalid Laws and Rulings in the Field of Commerce", like the list of invalid laws and rulings in the field of industry, has not yet been announced by the Islamic Consultative Assembly, but 282 titles of laws and 2,599 titles of rulings have been extracted from 13,000 laws in the country. In a more detailed study and validation of these laws, 20 laws and 41 provisions in the line of "implicit term laws" have been identified. 24 laws and 104 rulings have been "implicitly obsolete" and 42 laws and 56 rulings have been repealed. A total of 287 laws and decrees have been identified as providing unnecessary documentation.

The first step is to formulate comprehensive rules

Mehdi Abdolmaleki, director of the Islamic Research Center's Office of Investigation, described the root of "inflation of laws" in the country as follows: Was. However, these regulations have gradually reached conflict and incompatibility and inappropriate strictures, which is one of the important reasons for the existence of different legislative bodies. For example, a person has applied for a license in the field of "health tourism", from which the Ministry of Industry has requested a license from the Ministry of Health, and in return, the Ministry of Health has requested a license from the Ministry of Industry. "This is an unrealistic example, but it is similar to what happens between the regulations of different devices."

Abdul Maleki considers the solution to these conflicts to be in the intelligence of the laws and says: "The intelligence of the laws can make the laws automatically support other laws and there is no interference or conflict in them. On the other hand, revising the rules is another necessity. "In many cases, because they do not know about the previous laws, the institutions make laws that are in conflict with the previous laws."

"Unless the intelligent system of law enforcement is set up and shows the relationship between the various laws, we will face this dilemma," Abdul Maleki said. The next step is the substantive review of the rules in which redundant rules are removed. "Therefore, smartening the revision of laws and regulations and drafting comprehensive laws is the first and fundamental step to remove additional and invalid laws from the country's legal scene."

We do not have a lawyer who knows all the rules

The director of the Legal Office of the Research Center, in response to the question whether the reason for the invalidity of the laws is their unscientific or non-executive nature, continued: . The first reason could be the passage of time, for example, the electronicization of banking affairs makes the rules imposed on "check" affairs in previous years invalid. The second point is the disregard for expert opinions, which leads to the adoption of useless laws, and the third reason is the lack of a system of revision of laws. "Certainly there is no lawyer who, like a system, is aware of all the laws made in the past."

The revision of the rules is currently in step zero

Regarding the law revision of the regulations, Abdul Maleki said: "This law has a trustee and all three powers must participate in it. However, this law has failed in the country and one of its laws is the lack of experts to revise the laws. The rules are not well designed from the beginning, and there is currently no trained force in this area and no intelligent refinement systems. These factors have led to the failure of this plan, which has been approved for 10 years. "Our role as a parliamentary research center is important, and we must help in the field of revision knowledge, methods, and so on."

The lawyer continues: "The revision of the laws is the responsibility of the Deputy Speaker of the Islamic Consultative Assembly, and good measures have been taken in it, but due to the heavy workload, there is no special result. "In fact, no major steps have been taken so far regarding the work done in this area, and we are in the first place."

Need to work with the private sector

Abdolmaleki on the "List of invalid draft laws and rulings in various fields" compiled by the Research Center, believes: "They seem to be." Regarding the cooperation with the private sector as field activists in various fields to identify redundant laws, he said: "Naturally, the private sector should be involved in this issue, and private sector organizations should regularly monitor their problems and warn officials."

The director of the legal office of the Parliamentary Research Center believes that the center should be strengthened and that the parliament should provide the conditions for the expression of the center's expert opinions in public and in the commissions.