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The Competences of Article 13 of the Law on the Duties and Powers of the Ministry of Petroleum and Its Overlap with Article 59 of the Law on the Implementation of the General Policies of Article 44 of the Constitution in Regulating the Downstream Oil Sector
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Mohamad Farokhi Hodar *1   , Saber Niavarani2 , Mahdi Hadavand2 |
1- NIOPDC , farokhihodar@gmail.com
2- Azad University |
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Abstract: (17 Views) |
Iran’s legal system, inspired by Islamic jurisprudence and modern laws, has adopted “sectoral regulation” to enhance administrative and economic efficiency. Despite Article 44 of the Constitution emphasizing privatization and competition, overlapping institutional mandates between the Ministry of Petroleum and the Competition Council in the downstream oil sector have engendered legal vacuums, executive inefficiencies, and economic-environmental crises, undermining regulatory objectives. The conflict between Article 13 of the Law on Duties and Powers of the Ministry of Petroleum (2012) and Article 59 of the Law on Implementation of General Policies of Article 44 (amended 2018) has precipitated institutional duality and regulatory debilitation. Interpretive principles, including lex specialis derogat legi generali and teleological interpretation, advocate a harmonious, purpose-oriented construction that preserves the Competition Council’s independence while sustaining the Ministry’s specialized authority within the national regulatory framework. This approach resolves sectoral challenges and bolsters systemic efficacy.
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| Keywords: Sectoral Regulation, Institutional Jurisdictional Conflict, Competition Council, Ministry of Petroleum, Article 44 of the Constitution, Legal Interpretation. |
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Full-Text [PDF 2314 kb]
(23 Downloads)
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Type of Study: Thesis(PhD.) |
Subject:
Contracts
Received: 2025/11/20 | Accepted: 2026/02/19 | Published: 2026/07/1 | ePublished: 2026/07/1
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