Control of the Assets of Public Officials in Iran's Legal System in the Light of the USA Legal System

Document Type : Research Paper

Authors

1 Prof., Public Law Department, Law and Political Sciences Faculty, Tehran University, Tehran, Iran.

2 Public Law Department, Law Faculty, Shahid Beheshti University, Tehran, Iran

3 Ph.D. Student, Public Law Department, Law and Political Sciences Faculty, Tehran University, Tehran, Iran

10.22059/jcl.2025.374753.634628

Abstract

Nowadays, the declaration of public officials’ assets has become an important tool in combating corruption. Accordingly, a public official whose assets increase abnormally during their tenure without legitimate justification is subject to investigation and punishment. Through such oversight measures, governments aim to prevent corruption by incorporating them into their legal frameworks. To achieve this goal, both the government and the public must have the ability to compare the actual assets of high-ranking officials before and after their tenure. By establishing such preemptive evaluation mechanisms in their constitutions or statutory laws, governments can prevent corruption. In Iran's legal system, this issue has been addressed in Article 142 of the Constitution, and the Law on Investigating the Assets of Officials has been enacted accordingly. Similarly, in the United States, the Ethics in Government Act was passed in 1978, requiring high-ranking officials in all three branches of government to disclose their assets. The main question of this study is: What are the shortcomings of Iran’s legal system regarding the declaration of officials' assets compared to the U.S. legal framework? Using a descriptive-analytical method, the comparison reveals that in the U.S., the extent and details of officials' assets are made accessible to the public. However, in Iran, this information is considered confidential, and disclosing it carries legal penalties. Moreover, unlike the U.S., where officials are required to disclose their assets annually, there is no continuous oversight of this matter during officials’ tenure in Iran. Additionally, to maintain the separation of powers, oversight responsibility in the U.S. is assigned within the respective branches of government, whereas in Iran, it is under the jurisdiction of the judiciary. Furthermore, unlike the U.S., Iran’s Law on Investigating the Assets of Officials lacks enforcement mechanisms.

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Main Subjects

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Comparative Law Review
Volume 16, Issue 2 - Serial Number 32
Autumn & Winter 2025
December 2025
Pages 617-640

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