مبانی مسئولیت دولت در توسعه فناوری های نوین (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
پژوهش حاضر با روش توصیفی تحلیلی، مبانی مسئولیت دولت در توسعه فناوری های نوین را بررسی کرده است. تأثیرگذاری فناوری های نوین در ابعاد گوناگون زندگی بشر، ضرورت بررسی مسئولیت دولت در قبال توسعه آن ها را نمایان می سازد. نتایج پژوهش حاضر، نشان دهنده این واقعیت است که مداخله دولت در فرایند توسعه فناوری های نوین، به دلایل مختلفی ازجمله نیاز به سرمایه گذاری های عظیم و لزوم تنظیمگری و نظارت دولت ضروری است. علاوه بر ضرورت مداخله، از منظر ابعاد مختلف حقوقی، مسئولیت هایی نیز برای دولت در قبال توسعه فناوری های نوین قابل تصور است؛ از منظر حق بر توسعه، فناوری های نوین به مثابه ابزار این حق که مفهومی عام و دایره شمولی گسترده دارد به شمار می رود که در حوزه های مختلف ازجمله امنیت، اقتصاد و مانند این ها مؤثر است و دولت در راستای تأمین و تضمین حق بر توسعه و حقوقِ دیگر ذیلِ این حق مسئولیت دارد. از منظر حقوق خدمات عمومی، دولت در راستای استمرار ارائه خدمات عمومی، تطبیق با خواست و نیازهای نوین جامعه و کاهش قیمت ارائه خدمات، موظف به توسعه فناوری های نوین است تا با استفاده از آن ها، اهداف مذکور را محقق سازد. همچنین دولت در راستای تضمین اصول حکمرانی خوب و بهبود الگوی مدیریتی نیز باید توسعه فناوری های نوین را در اولویت قرار دهد.The Basics of the Government's Accountability in Developing New Technologies
The current research has investigated the basics of the government's accountability in developingnew technologies with a descriptive-analytical method. The impact of new technologies on various dimensions of human life shows the necessity of examining the government's accountability for their development. The results of the current research show the fact that the intervention of the government in developing the process of new technologies is necessary for various reasons, including the need for huge investments and the need for government regulation and supervision. In addition to the necessity of intervention, from the point of view of various legal dimensions, accountabilities for the government towards developing the new technologies are conceivable; From the point of view of the right to development, modern technologies are considered a tool of this right, which has a general concept and a wide scope, which is effective in various fields, including security, economy, and the like, and the government is for accountable supplying and guaranteeing the right to development and other rights under this right. From the point of view of public services law, the government is obliged to develop new technologies to continue providing public services, adapt to the new needs and demands of society, and reduce the price of providing services in order to achieve the aforementioned goals by using them. Also, the government should prioritize developingnew technologies in order to guarantee the principles of good governance and improve the management model. Keywords: overnment, New Technologies, Right to Development, Public Services Law, Good Governance 1. Introduction Today, new technologies, "meaning a set of advanced technologies, tools, and solutions to move away from traditional methods and improve efficiency and effectiveness," are considered one of the main assets of societies, some countries compete with each other in their development and have an undeniable connection to the welfare of a country's citizens and the public interests of society. The expansion and development of these technologies provide the government and citizens with extensive capabilities that enable development and growth in various dimensions. Therefore, it is a clear fact that today, sustainable development in any country requires attention to new technologies and their development, and the continuity and survival of governments depend on technology; as such, failure to move towards adapting to technological developments in today's world will result in nothing but lack of development and the emergence of various problems, including threats to public order in society and the legitimacy of the government. Accordingly, identifying the role and accountability of governments in the development of these technologies is one of the important issues that must be examined so that citizens of a society can demand the right to develop new technologies from the government. Given the importance of the issue of government accountability in the development of new technologies, this research examines the foundations of this accountability. 2. Methodology The current research has investigated the basics of the government's accountability in developing new technologies with a descriptive-analytical method. In this research, we tried to collect and gather information from primary sources (including laws, regulations, etc.) and secondary sources (such as books and articles, research reports, etc.) in scientific research data centers, official and reputable websites, libraries, and similar resources. The main question in the present research is the reason for the necessity of government intervention in the process of developing new technologies and the legal dimensions of government accountability from three perspectives: the right to development, public services law, and good governance. In order to answer the aforementioned question, first the necessity of government intervention in the process of developing new technologies has been examined, and then the development of new technologies from the perspective of the right to development, the development of new technologies from the perspective of public service law, and the development of new technologies from the perspective of good governance principles have been addressed, respectively, in order to identify the basics of government accountability in this process from the perspective of various legal dimensions. 3. Results and Discussion Given that new technologies have affected a wide range of aspects of human life, their development has attracted the attention of many countries. The need for huge investments and regulations to adopt correct policies and regulations is among the reasons for government intervention in the process of developing new technologies. In addition to the need for intervention, governments have accountability in various legal dimensions for the development of new technologies. Based on the right to development, governments are obliged to prioritize the development of new technologies and take the necessary measures in this regard, because various areas, including security, economy, health and wellness, education, communications, and the environment, have been affected by these technologies, and the lack of appropriate development of these technologies leads to the violation of citizens' rights, because each of the aforementioned areas individually includes a right or rights that are affected by these developments with the emergence of technologies. In addition to the importance of developing new technologies from the perspective of the right to development, the development of these technologies is also necessary in the field of public services law and includes positive results such as ensuring the continuity of public services provision, adapting to the new needs of society, and reducing the cost of providing services. As a result, in addition to meeting the general needs of society and ensuring public order, citizens' access to services is also facilitated. The development of technologies is also effective in ensuring and guaranteeing some principles of good governance, such as transparency, the rule of law and responsibility, participation, efficiency and effectiveness, and plays an effective role in improving the management model of society. The above cases clearly demonstrate the importance of the development of new technologies in governance. In the Islamic Republic of Iran, the development of these technologies faces criticism both in terms of legislation and in terms of performance and government accountability, because the legislative system in Iran has not been updated in line with the advances in this technology, and manifestations of the development of new technologies have been considered sporadically and briefly. Therefore, the first step towards the development of new technologies in Iran is to create effective legal infrastructure; for example, in the field of public services, setting tasks for the Ministry of Communications to develop communication infrastructures in line with global developments is one of the most necessary measures; because communications are the basis and foundation for providing electronic public services. The aforementioned measure will enable the implementation of the provisions stipulated in Articles (19) and (37) of the Civil Services Management Law on expanding the quality of services and providing them electronically to citizens, provided that by amending the aforementioned articles and providing effective and sufficient implementation guarantees, the executive bodies are required to take the necessary measures to develop new technologies and provide services electronically. In addition to the above, in order to create a legal infrastructure, the development of new technologies should be seriously and effectively considered in development laws. In the Seventh Schedule Law, case legal rulings related to the development of new technologies have been taken into account. For example, in the field of security, only cybersecurity has been mentioned and various aspects of security, especially economic, have been ignored. Also, although Chapter 20 of this law is dedicated to promoting the scientific, technological, and research system, the contents of this chapter are practically contrary to the attention and importance due to new technologies and their development. Another problem with the Iranian legislative system in this regard is the creation of tasks without foreseeing a mechanism to monitor and track the achievement of goals, which must be corrected. In the functional area, the government, considering various problems and issues, including air pollution, lack of energy resources, and unexpected shutdowns, and consequently, damage to individual rights, including the right to health and wellness, the right to education, the right to a healthy environment, and disruption in the provision of public services to citizens, should prioritize the development of new technologies and, by investing in this field together with the private sector and appropriate regulation, provide the opportunity to use the opportunities and results that these technologies bring with them, in order to, in addition to guaranteeing the right to development and other related rights, move towards improving the provision of services to the people and reducing the country's problems and difficulties. 4. Conclusions and Future Research According to the results of the current research, future research can be based on the following topics: 1. Limits of government accountability for damages resulting from the lack of development of new technologies; 2. The role of the government in supporting the development of new technologies in the private sector; 3. Judicial development and new technologies.
تبلیغات
