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

The Law on Preservation of the Use of Agricultural Lands and Gardens, 1995, with the aim of preventing any changes in the use of agricultural lands and insuring the food security of the society, declares any kind of change in the use of agricultural lands and gardens outside the legal boundaries of cities and towns without obtaining a permit from the Commission mentioned in Note 1 of Article 1 of the Law, to be prohibited, imposing a fine and in some cases imprisonment of the perpetrator, in addition to eradication of the improvements made. The implementation of this Law in the judicial precedent has always been the subject of dispute from different aspects; Among such cases, one can point to the issue of whether, in terms of location, the Law includes lands located in the environs of cities or not. While some courts consider lands located in the environs of cities to be out of the scope of this law, others believe that changing the use of such lands would be a criminal offense. In the case related to Basti Hills lands located in the Lavasanat region, the first instance and the appellate courts have rendered an acquittal judgment, relying on the argument that the mentioned law in question does not apply to lands located in the environs of the cities. The present research, using the descriptive-analytical library method, while examining the evidence set forth by the opposing groups, concludes that by considering the separation of the two concepts of legal boundaries and environs of the cities in the laws that preceded the Law on Preservation of Land Use and the possibility of joint supervision by municipalities and administration of Agricultural Jihad on construction in the environs of the cities, the phrase "outside the legal boundaries of cities and towns" mentioned in Article 1 of the Law in question also includes the environs of the cities, and based on this conclusion, the judgment in question, which was rendered without taking into consideration the separation mentioned above, is bereft of any legal justification.

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.

The implementation process of the Law on Conservation of Use of Agricultural Lands and Gardens is carried out by an administrative authority, and from this point of view, the mentioned process must be in compliance with the criteria and principles of "good management". Accordingly, addressing the conditions and process of law enforcement from the perspective of public law is an undeniable necessity. In this regard, in the present article, by descriptive-analytical method, the compliance of current laws and regulations in the field of implementation of the law on protection of agricultural lands and gardens outside the cities with the criteria of the principles of administrative law has been examined and finally it has been concluded that In the laws in question, The principle of legality is observed more than other principles. The principles of presenting the reasons for administrative decisions, access to the file, observing the reasonable deadline are relatively observed, and the principles of neutrality and independence, legitimate expectation, appropriateness and hearing are generally not applied, and the principle of compensation to citizens In particular, the Court of Administrative Justice is enforceable. Therefore, the mentioned principles have not been paid much attention and observance, and this shows the need to review and amend the existing laws in order to achieve a more desirable and more defensible process. Keywords:Principles of good management, agricultural lands, gardens, challenges, land use conservation

Currently, the change of agricultural lands is one of the important challenges of Iran's agricultural sector. Land use change annually removes a large part of agricultural land from the production cycle. The legislature has not yet adopted a consistent approach to deal with this crime, so that the 70s can be considered a period of deliberation and drawing, the 80s a period of change and regulation, and the 90s a period of weakening and destroying penal policy to preserve agricultural land use. And he knew the gardens.Land use change analysis and examining the strengths and weaknesses of legislation, along with paying attention to the proper judicial procedure, can reveal the existing challenges and gaps. In this article, I will analyze the elements of this offense and the possible interpretations of exceptions to land use change in an analytical manner. Then, according to the changes in the Islamic Penal Code adopted in 1392 in grading crimes and setting deadlines, we will answer the question of whether this action is considered a punishment or not by scrutinizing the nature of "tin and repression". According to the selected basis and subject, the writing method of this research is descriptive-analytical and library data has been used in data collection.