عنوان مقاله [English]
نویسنده [English]چکیده [English]
Advisor and Researcher of Tendering and Transactions in Public Sector-
Research Center of Majlis (Parliament of Islamic Republic of Iran)
This article is aimed to "design and perform a method for assessment of regulations". The method consists of three steps: recognition of regulations' flaws in the field of study precisely and comprehensively, enumerating and categorizing these flaws (in order to determine the frequency and burden of each category) and eventually determination of the force (burden) of each mentioned flaw.
In the present research, using the early method, "laws and regulations of Tender holding in the public sector of Iran" are checked as a case study. Categorizing flaws is accomplished based on the method suggested by Svein Eng. In this assortment, flaws of laws and regulations are divided into three main categories as "technical", "Means-end" and "Substantial".
Determination of the paradoxes and conflicts of the regulations is done by using a method which is known as FMEA in the industry. FMEA (Failure Mode and Effects Analysis) determines the weight of each flaw based on three indexes as "magnitude of hazard or severity of risk" (Severity), "frequency or probability degree of the occurrence" (Probability or Occurrence) and "ability of detection or eliminating the risk" (Detection). Therefore, it is possible to determine relative weight (regulatory burden) of each flaw in a given legal environment and compare all the weights. Finally, the origin or the main reason of flaw occurrences in the field of study is identified.