جستجوی مقالات مرتبط با کلیدواژه "اراضی کشاورزی" در نشریات گروه "فقه و حقوق"

One of the ominous phenomena of the current society is the unauthorized change of agricultural land use, which can lead to a decrease in the food security of the society day by day. With the approval of unanimous vote no759 General Board of the Supreme Court dated 12/07/2017, the offense of unauthorized change of  land use Agriculture and Gardens Board is considered grade 7 Crime and according to the unanimous decision number 822 dated 21/06/2022 of the Supreme Court of Iran, the said offense is considered an instant crime and the three-year period of time of grade 7 crimes is applied and finally after more than three years have passed From the occurrence of the mentioned offense, a suspension of prosecution will be issued due to the passage of time. This article aims to assess the feasibility of decimation while firmly believing in the non-punishment and non-criminal nature of vandalism. Even assuming the issuance of a suspension order, the custodian offices should request legal proceedings in accordance with the procedures of the civil procedure through the filing of appropriate legal lawsuits such as the demolition of buildings and the construction of agricultural lands and gardens (unauthorized change of use). . The necessity of conducting an investigation is that the failure to announce the complaint in time and start the prosecution in some cases leads to the issuance of a suspension of prosecution in contrast to other cases that lead to criminal prosecution in time and finally the issuance of a sentence of suppression and a fine from a criminal point of view. It leads to the feeling of discrimination that you should think of a legal solution regarding such lands that have been faced with the passage of time. The research method in this article, by examining the legal and judicial foundations, is in a descriptive analytical style with an applied approach.

Natural resources such as land and mountains and seas are one of the God-given riches of societies protect and utilize it is one of the major tasks of governments. One of the most important natural resources is national land; it may be forest or grassland or desert. It is extremely important to distinguish national lands that belong to all people from agricultural lands that belong to a private owner. The that law gives the rangers the right to identify these two types of lands based on certain legal rules and criteria. Since there is always the possibility of rangers mistake in this diagnosis, in case of objection of the interested party, special legal authorities to deal with the objection and invalidation of ranger theory are provided in the law, which in some cases a special commission and in some other cases It is legal. In addition, according to the general principles of law, such as the principle of compensation for all illegitimate damages, and also according to the jurisprudential rule, it should be said that if the warlord has committed a mistake in identifying lands, the owner of the land, who has already suffered damage due to this misdiagnosis, can file a lawsuit against the warlord in the General Court of Legal Law in accordance with the general rules of civil liability and claim the damages.

Although the conformity of agricultural land use change crime with grade seven criminal offenses has accelerated the process of dealing with the offenders through direct proceeding of trial in the court, it has imposed a sort of compassionate criminal policy against the objectives set by the law on the preservation of agricultural lands and gardens. An examination of judgments of sentencing passed on this crime along with a focus on such compassionate items as the passage of time for prosecution and execution, mitigation of punishment, postponement of sentencing and suspension of punishment, indicate that criminal protection of agricultural lands, in spite of its high expenses, has resulted in a sort of practical decriminalization. Due to the necessity of agricultural land use preservation, the establishment of restrictive regulations concerning the application of compassionate items, the enforcement of executive mechanisms for the demolition of buildings as well as the establishment of judicial-criminal differential policy are among the strategies recommended to mitigate the consequences of classifying this crime in the category of minor offenses.