Volume 21, Issue 2 (6-2026)
J. Mon. Ec. 2026, 21(2): 183-226 |
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Afshari F, Afshar S. Analyzing the legal nature of the Central Bank of the Islamic Republic of Iran. J. Mon. Ec. 2026; 21 (2) :183-226
URL: http://jme.mbri.ac.ir/article-1-747-en.html
URL: http://jme.mbri.ac.ir/article-1-747-en.html
1- Member of the Legal Council of the Central Bank of the Islamic Republic of Iran, Assistant Professor, Public Law Department, Judiciary Research Institute
2- Member of the Executive Board of the Central Bank of the Islamic Republic of Iran, Assistant Professor, Department of Law, Islamic Azad University, South Tehran Branch
2- Member of the Executive Board of the Central Bank of the Islamic Republic of Iran, Assistant Professor, Department of Law, Islamic Azad University, South Tehran Branch
Abstract: (1077 Views)
Despite the 60-year activity of the Central Bank in the field of monetary and banking policy-formulation and regulation in the country, there is no explicit statement about the legal nature of this institution in laws, regulations, and legal writings, and the laws only refer to the exclusion of general laws and regulations from this institution, except in cases of specifying the name. Considering the abrogation of this ruling and according to the Central Bank Law, it is necessary to identify the nature of the Central Bank and the rulings and effects governing it in cases of special silence and the establishment of general laws. In this research, we examined the legal nature of the Central Bank among types of public legal entities using an analytical method and a documentary method. According to the examination of the criteria of the Central Bank and its compliance with the four entities of the ministry, government institution, government company, and non-governmental public institution, we must say that although the Central Bank is similar to government companies in terms of some characteristics - especially financial and structural matters - due to the difference in the purpose of activity between these two institutions, especially after the establishment of the general policies of Article 44 of the Constitution, it is not possible to place the Central Bank under the government company with a profit-making purpose. Therefore, the closest category to the Central Bank is the same non-governmental public institution, because in both, there are basic common characteristics such as the purpose of providing public service, the existence of legal independence, including administrative, financial, and relative structural independence from the government, securing the dominant budget through the institution itself, and formation with the permission of the law. Given the conflict between the definitions of non governmental public institutions in the Civil Service Management Law and the Public Accounting Law, it is suggested that, in addition to amending the law, the Central Bank be included under the category of non governmental public institutions to remove any ambiguity. It is also better to explicitly mention the Central Bank in the laws related to judicial supervision.
Keywords: Central Bank, Public Law Entity, Monetary and Banking Law, Central Bank Law, Naming Requirement, Government Company, Non-Governmental Public Institution
Type of Study: Original Research - Theoric |
Subject:
Economics
Received: 21 Oct 2025 | Accepted: 26 Oct 2025 | Published: 6 Jun 2026
Received: 21 Oct 2025 | Accepted: 26 Oct 2025 | Published: 6 Jun 2026
References
1. Abbasi, B., & Akbari, M. (2016). The role of non-governmental public institution s in Iran's privatization and its effects. Quarterly Journal of Planning and Budgeting, 21(3), 23-48. [In Persian]
2. Aboulhamd, A. (1991). Administrative Law (4th ed.). Toos. [In Persian]
3. Ahangar-Samakoush, M., & Afshari, F. (2020). A series of scientific meetings on the challenges of recognizing and distinguishing the nature of the executive branch in judicial practice (Research Report). Judiciary Research Institute. [In Persian]
4. Afshari, F. (2015). Endowment of the properties of non-governmental public institutions with emphasis on the endowment of Islamic Azad University's assets. Bolour. [In Persian]
5. Afari, A., & Ahmadi, O. (2020). The legal status of government financial controllers in public agencies. In Proceedings of the Eighth Scientific Research Conference on Educational Sciences and Psychology, Social and Cultural Issues of Iran [in Persian].
6. Aghaei-Togh, M., & Mousavi, S. H. (2020). A pathological introduction to the application of public laws and regulations to government companies requiring explicit mention by name. Journal of Modern Administrative Law Studies, 2(3), 255-279. [In Persian]
7. Ansari, V. A. (1998). General Principles of Administrative Contracts. Hoquqdan. [In Persian]
8. Barari, A. (2019). A reflection on the structure and status of government companies in Iran's legal system. Legal Research Journal, 18 (40), 141-167. [In Persian]
9. Barzegar-Khosravi, M., & Fallahzadeh, A. M. (2021). The legal system governing entities requiring explicit mention or reference in terms of applicability of public laws. Administrative Law Journal, 8(27), 9-27. [In Persian]
10. Bilouseac, I. (2012). Doctrinaire controversies on the concept of public services. The USV Annals of Economics and Public Administration, 12(1), 238-243.
11. Economic Research Office. (2015). Research report on familiarization with the budgeting of government companies. Parliament Research Center. [In Persian].
12. Elsan, M., & Bahrami, A. (2024). Central Bank Law (2nd ed.). Monetary and Banking Research Institute. [In Persian]
13. Elsan, M., & Negintaji, Z. (2022). A legal and economic analysis of the independence of the Central Bank of the Islamic Republic of Iran. Encyclopaedia of Economic Law, 29(21), 43-73. [In Persian]
14. Emami, M., & Ostovar-Sangari, K. (2011). Administrative Law. Mizan. [In Persian]
15. Erfani, M. (2006). The legal status of government companies in Iran and France. Journal of the Institute of Comparative Law, University of Tehran, 1, 1-17. [In Persian]
16. Gholizadeh, A. (2011). Legal analysis of the inspection system of government and public joint-stock companies. Business Research Quarterly, 58, 237-272. [In Persian]
17. Hodavand, M. (2019, July 15). Specialized meeting on the Law on Prohibition of Employment of Retired Persons and its impact on professional associations. [Conference presentation]. Tehran: Training and Studies Center of the Chamber of Guilds of Shemiranat, Tehran, Iran. [In Persian]
18. Hosseini-Pour Ardekani, S. M. (2010). The legal system governing public non-governmental organizations and institutions. Jangal Javidaneh. [In Persian]
19. IBENA. (2021, June 21). Beginning and implementation of the banking system in Iran (Part Three): The history of the Central Bank of Iran at a glance. https://www.ibena.ir/000WVO. [In Persian]
20. Islamic Encyclopedia Foundation (1998). Banks in Iran. Encyclopedia of the Islamic World. http://lib.eshia.ir/23019/1/377. .[In Persian]
21. Mohammadnejad, H. (2016). The theory of public service and its governing principles in Iranian law and judicial practice. Administrative Law Journal, 3(10), 104-128. .[In Persian]
22. Moradkhani, F., Khorshidi, H., & Bande-Ali, F. (2019). Legislative policy governing Iran's administrative system with a view to legislation on non-governmental public institution s. Public Law Knowledge, 8(26), 69-88. .[In Persian]
23. Mirjalili, F. (2004). Expert opinion on the draft bill for improving the efficiency of the Central Bank. Parliament Research Center. [In Persian]
24. Mennati-Nejad, S. (2006). Review of the applicability of general laws and regulations to companies requiring explicit mention or specification. Accounting Knowledge, 19(27). [In Persian]
25. Mousavi-Mirkalaei, S. T. (2021). Legal personality of government companies and immunity of state property in cases involving Iranian assets. Public Law Studies, 51(3), 995-1021 .[In Persian]
26. Mousavi-Zadeh, R. (2009). Administrative Law (11th ed., Vols. 1 - 2): General Principles. Mizan. [In Persian]
27. Molaei, A., & Bande-Ali, F. (2020). The nature and position of non-governmental public institution s: Challenges and necessities. Parliament and Strategy, 102, 267-294. .[In Persian]
28. National Bank of Iran, (1978). The fifty-year history of Bank Melli Iran: 1928-1978. Bank Melli Iran Printing House .[In Persian]
29. Pourkaveh, M., et al. (1991). Training manual for newly employed staff. Tehran: [Publisher not specified]. [In Persian]
30. Resistance Economic Think Tank. (2020). Research report on laws and considerations governing the budgeting of government companies. [In Persian]
31. Rezaeizadeh, M. J., & Kazemi, D. (2012). Revisiting the theory of public services and its governing principles in the Constitution of the Islamic Republic of Iran. Contemporary Comparative Legal Studies, 3(5), 23-46. .[In Persian]
32. Rostami, V. (2016). Public finance law. Mizan. .[In Persian]
33. Rostami, V., & Hosseini-Pour, S. M. (2009). Financial supervision over non-governmental public institution s. Journal of Law, 39(4), 191-211.[In Persian]
34. Saffar, M. J. (1994). Legal Personality. Dana. [In Persian]
35. Tabatabaei-Motameni, M. (2008). Administrative Law (15th ed.). SAMT. .[In Persian]
36. Tangestani, M. Q. (2020). Ambiguity in the legal nature of non-governmental public institution s and its consequences. Parliament and Strategy, 27(103), 5-30. .[In Persian]
37. Teymouri, A. (1953). The Age of Unawareness or the History of Concessions in Iran. Eqbal. .[In Persian]
38. Vaezi, S. M., & Alborzi, Z. (2017). The position of the concept of public service in Iranian administrative law. Administrative Law Journal, 4(12), 9-31. .[In Persian]
39. Yazerlou, H. A. (2000). The legal system of public institutions (Master's thesis, Faculty of Law and Political Science, Shahid Beheshti University, Tehran, Iran). .[In Persian]
40. Yousefzadeh, M. (2010). Civil Law (Vols. 1 & 2): Persons, Property, and Ownership. Mizan. .[In Persian]
41. Zarei, M. H., & Najjarzadeh-Henjani, M. (2017). The concept of public service and its evolution under the doctrine of public function. Public Law Research, 19(56), 135-156. .[In Persian]
42. Zarrin-Eghbal, H., Jafari-Samimi, A., & Tehran-Chian, A. M. (2018). The effect of central bank independence on output and inflation fluctuations in Iran. Journal of Economic Growth and Development Research, 8(30), 33-54. .[In Persian]
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