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

For a long time, few people were aware of the importance of forests in strategic issues such as water and soil protection, stabilization of biodiversity and the necessity of getting out of the global warming crisis. People easily cut rare trees to meet their basic needs such as fuel. Indiscriminate harvesting of wood continued in historical periods until in the 1340s SH, with the increasing awareness of the importance of forest cover protection, the law of nationalization of forests was approved. This law, which promised the protection of the natural and national heritage of our country, was violated in various ways with the approval of subsequent laws; To the extent that today there is practically a half-dead body left of this law, whose scope is getting narrower every day, like the green velvet of the country's forests. This research shows how the subsequent laws on the nationalization of forests target the spirit and the body of the aforementioned law, and most of the deforestation is done not by the illegal actions of criminals, but by legal means and with a justified appearance; so that its patterns can be extracted. This article identifies and examines the most important of these legal patterns with the content analysis method. Reflecting on these patterns leads us to the lack of real will of the ruling criminal policy to protect forests as the hidden cause of deforestation

In Islamic jurisprudence, special provisions have been established for natural resources, especially forests and pastures. According to Shia jurists, natural resources, including Anfal, belong to the Imam. If it is pasture and forest that has been dedicated. This endowment is valid and valid when humans are involved in the creation of that forest and pasture. But the important issue under discussion is that the inhabitants of the forests of northern Iran and other forest parts of the country for many centuries and based on history and very old objects discovered in places in the northern provinces of Iran and other similar places, have a history of several thousand years of residence. They have been in the heart of the forests and considered themselves the owners of those areas. This sense of ownership in the forest made some believers dedicate forest lands under their control for various purposes. With the establishment of the Nationalization of Forests Law, the challenge of endowment of these lands was raised, therefore the law accepted the endowment lands before the adoption of this law, but did not accept the endowments after that due to the endowment of property by someone else. This research is of applied type and based on jurisprudence and legal sources, it examined the validity of forest land endowments after the approval of the nationalization law of forests by means of content analysis. The result of the research is: If a person rehabilitates a ruined forest, that part belongs to him and there is no problem in donating it.

The importance of jurisprudential review of the legitimacy of wasteland detection operations, according to Article 1 of the Executive By-Law of Wastelands Identification Reference Law, and revoking its documents is due to the nature of Anfal (public property) and the need for government supervision over these lands during the period of absence. By comparing the reason for the legitimacy of land assessment operations based on Article 1 of the Executive By-Law of Wastelands Identification Reference Law with the reason for the legitimacy of land assessment operations based on the provisions of Article 1 of the Executive By-Laws of the Nationalization of Forests, it is concluded that the view of the jurists in the position of recognizing lands is in accordance with the provisions of Article 1 of the Executive By-Law of the Wastelands Identification Reference Law, which has not been successful in the field of wastelands due to errors in the text of the law and the legislator's limited and purposeful will. According to the jurists’ diagnostic view on the cultivation of wasteland, these lands, in terms of concept and application, include all lands that have not been cultivated. With the passage of the new law and the repeal of previous laws, land recognition operations are expected to be based on the identification of wastelands, regardless of customary titles and applications, as well as legal title-based definitions.

Today and in the governance system, the management of public affairs is often done through regulations. Despite the fact that regulation usually serves the efficiency and legal action of the rulers, however, it seems that it can also be a ground for the occurrence of administrative corruption. This is to explain that if the regulation is not in the framework of the principles of good governance and also the regulation is not good, it has the ability to generate or intensify administrative corruption during the implementation of regulations by public officials or people. This category in such an important issue of the environment can have long-term and irreparable consequences for public interests. The present study aims to briefly examine the possibility and grounds of administrative corruption due to unfavorable regulations regarding forests as one of the most corruptible and sensitive elements of the environment. In this regard, the regulations of Iran and Brazil in the field of environment and especially the forest have been comparatively studied.

Violation of natural resources is a general concept that leads to irreparable damage every year. The aim of this study was to identify the most important causes and factors of crimes against forest and aggressive seizure of natural resources and change their use in Kohgiluyeh and Boyer-Ahmad provinces and how to criminalize deforestation and seizure of natural resources in Iranian criminal law.

The necessary resources for the present study were collected by referring to library resources and interviewing natural resources experts and judges of the judiciary. The required information was collected in the form of files from books, specialized journals, indexes of journals and scientific-specialized articles. Interviews with experts, officers of the Conservation Unit and legal experts of the General Department of Natural Resources and Watershed Management of Kohgiluyeh and Boyer-Ahmad Provinces and judges of the Court of First Instance and Appeal, lawyers and official experts of the province were among the other elements of data collection.

It seems that cultural and economic poverty, low punishment of criminals, population growth, lack of agricultural land, poor management and lack of specialized and committed forces in natural resources departments, as well as inadequate facilities and budget of natural resources departments against the extent of natural resources , are among the most important factors contributing to the destruction of natural resources in the province, which must be eliminated to prevent this destruction and occupation.

Informing and cultivating information about the importance of forests and natural resources, updating and integrating laws related to natural resources and forests, increasing the punishment for these crimes, removing the management of natural resources departments from agricultural jihad and making it independent in terms of administrative structure and further monitoring of government performance is one of the results of the present study.

Special provisions have been enacted in Islamic jurisprudence for natural resources, especially forests, pastures, due to their importance in the economy of a country. According to the well-known idea of Shi’a jurists, most of the natural resources, including pastures and forests are regarded as part of Spoils, and are the property of Islamic ruler. If there is a pasture or a forest that is devoted as a pious foundation in a correct way and there is the trace of human involvement in creating the forest and pasture, then we will see from the perspective of law and jurisprudence that the endowment of these properties should not be annihilated with an excuse of their being a part of Spoils.