alireza golestane

Among the issues that have been raised in the field of government ownership in recent years in the iranian legal system is the discussion of the principles and reasons for municipal ownership, which can be discussed in the light of the basic theories of administrative law about the government. The two fundamental theories of public power and public service, which are rooted in french administrative law and, of course, can also be found in islamic law, form the basis of this analysis. The purpose of explaining the present issue is to determine whether the municipality is allowed to own property due to privileges outside of private rights or whether it has such a mission due to serving the people. The research method in this article is descriptive-analytical. The result is that the municipality is allowed to own due to public power, but the purpose of this institution is to serve the people. In fact, public power is a tool that should not be abused and the municipality and the acquiring institutions should use it when necessary and in order to advance the goals of the administration. The goal, however, is to advance the goals of the organization with the aim of providing decent services to the people.

The legal system governing the preservation of the use of lands and gardens is an important issue in terms of legal, economic and social dimensions, and the necessity of preserving this use as an irrevocable factor and one of the effective elements in sustainable development and a source of judicial security is of particular importance. Before the adoption of the law on the preservation of the use of agricultural lands and gardens in 1374, the parliament passed several laws in order to prevent the division and separation and change of use in agricultural lands and gardens, which were not responsible for the preservation of the use of all lands and gardens, both inside and outside the legal boundaries of cities. On this basis, the change of uses has been increasing until the mentioned law.With the approval of the land use preservation law approved in 1374, the process of changing land use slowed down, but it still did not meet all the legal and social needs of the country, until in November 1385, the amendment to the previous law was approved by the parliament, and despite the inadequacy and shortcomings in the implementation, the land use change process was reduced, but it was definitely not a deterrent.Therefore, in addition to education, revision and elimination of deficiencies in the existing laws, both inside and outside the scope, it seems necessary to approve comprehensive and comprehensive laws in order to reduce the volume of such cases in the judicial authorities and training there.