Document Type : Research Paper

Author

Abstract

The aim of this study was to analyze the legal barriers affecting the implementation of general polices of article 44 in Iran professional football. With respect to the main aim of the study, the methodology was qualitative. Authorities and experts underwent qualitative interviews and the most important legal barriers to the implementation of general policies of article 44 in Iran professional football were identified. The sample consisted of those who had the most relevant data of the subject of the study. The viewpoints of 26 subjects in the framework of 35 interviews were used and data collection was finished until theoretical saturation. In accordance with qualitative researches, data were analyzed simultaneously with data collection. Results showed that the most  important legal barriers to the implementation of general policies of article 44 included the lack of comprehensive rules and regulations of privatization, continual changes in rules and regulations, legal problems of TV rights and copyright, some problems and deficits in rules and regulations such as labor law, tax rules and service management rules, outdated rules of the establishment and management of Sport Ministry (Physical Education Organization) and sport clubs, multiplicity of decision makers in privatization and resignation of professional clubs, inconsistency of executive rules and policies, lack of control and supervision rules to control the implementation processes of general policies of article 44, indeterminate ownership of most clubs from legal viewpoint, legal problems in contract registration, indolence of the government and Sport Ministry to present effective and efficient bills.

Keywords

1-     Kazemi, M. (1999). Sport and international politics. Olympic, 13(2), 15-32.
2-     Alidoust Ghafrokhi, E. (2010), Analysis of Barriers to Implementation of Article 44 General Policies in the Professional Sport of the Islamic Republic of Iran, Doctoral dissertation, Faculty of Physical Education and Sport Sciences, University of Tehran (In Persian).
3-     Deldar, E; AliDoust Ghafrokhi E; Shahpar, A. (2013), Investigating the Legal and Political Obstacles to the Privatization of Iranian Professional Football League Clubs, Physiology and Management Research in Sport, 5(4): 65-78 (In Persian).
4-     Fayeghi, S. (2009), When Is Sports Politicized?, “Hamshahri Mah” Monthly Magazine, December 2009, p. 74 (In Persian).
5-     Ramezani, R. (2007). Sport Economics and Investment Research: The Case of Football. Report of Research Plan, Physical Education Organization, National Bureau of Sport Management and Development (In Persian).
6-     Tehran Stock Exchange (2002), Professional Business Transformation for Developing Sport Economic Capacity: A Report on Recognition of Clubbing Methods in Europe (In Persian).
7-     Jones, D. (2010), Deloitte: Annual Review of Football Finance, National interest. Sports Business Group at Deloitte. In: www.deloitte.co.uk/sportsbusinessgroup.
8-     Van de Walle, N. (1989), Privatization in Developing Countries: A Reviews of The issues, World Development, 17(5): 601-613.
9-     Javan, I. (2007), Investigation of Structural Status, Planning and Budget of Private Sports Clubs in Urmia City, MSc Thesis, Urmia University (In Persian).
10- Khorshidi, A. (2009), Basic Problems of Physical Education and Sport with Emphasis on Fourth Development Plan and Proposal for the Fifth Development Plan and Justice. Parliament Research Center, No. 9960, Tehran (In Persian).
11- Megginson, W., Netter, J. (2001). From state to market: A survey of empirical studies on privatization. Journal of Economic Literature, 39:321−389.
12- D'Souza, J., Megginson, W., Nash, R. (2005). Effect of institutional and firm specific characteristics on post privatization performance: Evidence from developed countries. Journal of Corporate Finance, 11:747−766.
13- Boubakri, N., Cosset, J., Guedhami, O. (2005). Liberalization, corporate governance and the performance of privatized firms in developing countries. J. of Corporate Finance, 11:767−790.
14- Grusky, S., Fiil-Flynn, M. (2004), Will the World Bank Back down? Water Privatisation in a Climate of Global Protest (Washington, D.C.: Public Citizen), P: 18-19.
15- Sariolghalam, M. (2006), Democracy in the Middle East: Limitations and Prospects, The Bruno Kreisky Forum for International Dialogue.
16- IMF (1997), Annual Report of the Executive Board for the Financial Year Ended April 30, 1996. IMF Publications, Washington, D.C.
17- Khorshidi, A. (2007), Football in the club system. Parliament Research Center, No. 8628, Tehran (In Persian).
18- Jackson, R. (2001), Sport Administration Manual, Herford Enterprises Ltd, IOC, Lausanne, Switzerland.
19- Barros, C. P. (2006), The Financial crisis in Portuguese Football, Journal of Sport Economics, 7(1): 96-104.
20- Gharakhani, Hassan. (1389). Investigating the Obstacles and Challenges of Developing the Privatization of Iranian Football Clubs. Doctoral dissertation, Tarbiat Modarres University (In Persian).
21- Elahi, A. (2008), Obstacles and strategies for economic development in the Islamic Republic of Iran football industry, Doctoral dissertation, Faculty of Physical Education and Sport Sciences, University of Tehran (In Persian).
22- Jalali Farahani M., Alidoust Ghahfarokhi E. (2013), The Economical barriers to implement general policies of article 44 in Iran professional sport. Sport Management Studies, 5(19):109-128 (In Persian).
23- Alidoust Ghahfarokhi E., Jalali Farahani M., Goudarzi M., Naderan E. (2013), The cultural and social barriers to implement general policies of article 44 in Iran professional sport. Sport Management Studies, 5(20):79-96 (In Persian).
24- Keen, MP. A. (2009), English Football and its Governance. All Party Parliamentary Football Group. In:www.allpartyfootball.com.
25- Strauss A., Kurbin J. (2006), Principles of Qualitative Research Methodology: Basic Theory, Procedures and Practices. Translated by Boyouck Mohammadi, Institute for Humanities and Cultural Studies, First Edition, Tehran (In Persian).
26- Sarmad, Z; Bazargan, A; Hejazi, E. (2004), Research Methods in Behavioral Sciences. Agah Publications, Tenth Edition, Tehran (In Persian).
27- Oxford University, (2005), Interviewing in Qualitative research, available online in Oxford University: www.Oup.co.uk/pdf/0-19-874204-5chap15.pdf.
28- AzizKhani, F. (2006), Importance of Implementation of Article 44 of the Constitutional Policy, Research Center of the Islamic Consultative Assembly, Office of Economic Studies, Project No. 8237, Tehran (In Persian).
29- Hamil, S., Miche, J., Oughton, C. (2001), A game of two halves: the business of football. Football Governance research center, recognized center of Birkbeck, University of London.
30- Taghavi, Mehdi. (2005), International Monetary and Financial Institutions, Institute of Economic Affairs, Second Edition, Tehran (In Persian).
31- Battré, M., Deutscher, C., Frick, B. (2009), Salary Determination in the German “Bundesliga”:A Panel Study. University of Paderborn, Department of Management.
32- Dietl, H., Franck, E., Lang, M., Rathke, A. (2009), Revenue Sharing, Reserve Clause and Salary Caps in Professional Team Sports Leagues. International Journal of Global Business and Economics, 2: 44-50.
33- Zimbalist, A (2010), Reflections on Salary Shares and Salary Caps. Journal of Sports Economic, 11(1):17-28.
34- Mohammadi, A. (1999), Evaluation of Privatization Results in Ilam Power Distribution Company, MSc Thesis, Institute of Management Research and Training (In Persian).
35- Davarzani, MR. (1995), The Impact of Privatization on the Efficiency and Effectiveness of Country Sport with Emphasis on Club Sport, MSc Thesis, School of Management, University of Tehran (In Persian).
36- Hosseini, S A; Mehrara, A. (2008), How to support privatization and the challenges ahead. Conference on Oversight of the Implementation of the General Policies of Article 44 of the Constitution, Inspectorate General of Iran, Tehran (In Persian).