جستجوی مقالات مرتبط با کلیدواژه « municipalities » در نشریات گروه « فقه و حقوق »

One of the most important issues discussed in today's law is the anticipation of regulations on the construction of the NAJA, which is appropriate to the nature of military and law enforcement force activities and Despite modifying the Laws of the municipalities, it can balance the rights of the NAJA and the municipality. So, two categories of municipality regulations and approvals of the Armed Forces in the field of NAJA construction are considered to attempt to determine the rules for such construction: in fact, The Laws of municipalities relate to the construction of all individuals, both real person and legal entity and they do not differentiate between military and civilian construction operations; whereas the internal approvals of the armed forces have proven a special process of obtaining construction permits for buildings and locations using military and police force from municipalities and to some extent, they have not neglected the necessities and requirements of military structures. According to what was said, it should be studied the fundamental question of what is ambiguity and defect municipal regulations and the approvals of the armed forces in the field of construction of the NAJA and what are the solutions or implementations to fix them? The purpose of this research is to identify the ambiguity and defect of the laws and regulations mentioned and, finally, to present the executive implementations of these ambiguity to the technical and engineering deputies and the legal and parliamentary affairs of the NAJA.

As the research methodology is “descriptive_ analytical”, it analyzes the laws and regulations on the construction of the NAJA, in particular the study of the cases of the Commission on Art. 100 of the Municipal Law, which deals with the investigation of Construction violations of NAJA. Finally, referring to the technical and engineering deputies, legal and parliamentary affairs of the NAJA, the ambiguity and defect municipal regulations and the approvals of the armed forces in the field of construction of the NAJA are discussed.

findings of research prove that the ambiguity and defect of laws and regulations as follow: 1) Incompatibility of municipal laws with the needs of NAJA. 2) The incompleteness of the armed forces approvals regarding the construction of NAJA. 3) The lack of clarity in the exemptions of the taxpayer for the payment of the charges of municipalities belonging to such construction or, finally, a reduction in the payment of those duties. 4) The absence of a specialized committee to resolve construction violations between the municipality and the NAJA in spite of its anticipation in the armed forces approvals.

Results and Implementation applications:

 In conclusion, According to research findings, Regardless of the pursuit for the adoption of the law (Single Article) based on the needs and necessities of construction of the NAJA, the Implementation applications to eliminate the ambiguity and defect the laws and approvals were investigated, it is recommended that the technical and engineering deputies, legal advisers and parliamentarians of NAJA.

The purpose of the current research is to investigate important quasi-judicial authorities in municipalities. The research method is descriptive and analytical, and the normal laws and approvals of the Council of Ministers and the law describing the duties of municipalities and rural districts have been used. In this research, only the Article 1000 Commission, the Article 77 Commission, the Article 99 Commission, the Tasbra Commission under Article 55 Clause 20, and the Garden Identification Commission were investigated. The results showed that in the Commission, Article 100 of the proceedings indicates compliance with the legal formalities of the procedure, but the lack of transparency in its notes causes many legal problems. The problem with the Article 77 commission is that it is one-stage, and unlike the Article 100 commission, it does not have an appeal commission. The Commission, Clause 20, Article 55 of the Municipal Law is one of the examples in which the laws related to urban planning in the field of urban services are planned and controlled in a completely specialized manner. The above-mentioned commission is the authority to deal with citizens' objections to the municipality's decision regarding the closure, destruction and relocation of disruptive industries and businesses outside the city. Its common feature with the Article 77 commission is that the commission does not have an appeal and is one-stage, and the Article 99 commission is in the suburban area and outside the city, and the place of formation is in the governorates, but the place of formation of the Article 77 commission is in the municipalities.

The principle of constitutionality of the law is reflected in the activities of administrative organizations through legal rules. So that while providing the public interest and facility, the right and virtue of private property is also observed. Mayors sometimes by making the excuse of having public plans at hand, refuse to perform their own legal duties in issuing permits to build or renovate building, and deprive persons of their legal rights of private ownership and subsequent resultsThe present study seeks to investigate restriction of the right to own property in construction and renovation of buildings by municipalities, which are stated in the laws and rulings of the Administrative Court of Justice. Therefore, this study addresses the question: How is the restriction of the right to build or renovate by municipalities reflected in the laws and opinions of the General Assembly of the Court of Administrative Justice? In response to this question and by means of a descriptive-analytical method, the rules and the most common votes of General Assembly of the Court of Administrative Justice have been discussed. The outcomes show that decisions and actions leading to the illegal restriction of property rights of individuals, as the case to be, have been nullified or licensed by the General Assembly of the Court of Administrative Justice. This action besides stressing respect for the property rights of individuals, reminds training and monitoring municipal performances..

As a public non-governmental organization, the municipality has a number of features, privileges and authorities that distinguish it from other public institutions, and today it plays a decisive role in people's lives by fulfilling its broad and diverse competencies by concluding public contracts. One of the ways to accelerate economic development and prosperity and create jobs in cities is to attract people's participation, capital and investment. In the field of urban management, the current law of municipalities sees the municipal system as a state system and only deals with the issue of tolls in municipalities. Despite the significant position of municipalities in providing public services, the status and legal framework of municipal projects in our legal system Not specified. This highlights the need to examine and explain the status and legal system of such contracts and legal barriers to their conclusion with the private sector.In this study, while addressing the nature and characteristics of partnership contracts in municipalities, the specific obstacles, problems and challenges of this type of contracts; Existence of special municipal conditions, lack of reliable rules for participants, lack of appropriate guarantees for participants, lack of managerial stability in the municipality, lack of privileges and facilities for participation, some administrative authority in the municipality, lack of participation brigade contracts, lack of transparency in laws and Municipal regulations and the instability and predictability of the law for the private sector have been identified, although these contracts face other limitations that have been addressed in detail.

By the end of the twentieth century, the fact is obvious to everyone that the centralized state model is in crisis. While decentralization was formerly associated with the administrative styles, today it has tied with good governance, efficiency and democracy and has been changed from the methods of governance to a way of life. Japan is among the successful countries in this field. Questions regarding local government in Japan include: What is the status of local government in this country? What is the basis of its legitimacy? What is its public authority in the exercise of power? And How is the relationship between central and local government and How is monitoring over local institutions? This article tries to answer to these questions through collecting data from various legal sources and descriptiveanalytical method. The Japanese government delegated wide authority to local governments on the path of national development and through strict control mechanism, it has been effective and effective so the national government was made responsible for: (1) Affairs relating to Japan as a nation in the international community; (2) Affairs relating to various activities of the people that should be handled in a uniform, nation-wide manner; (3) Executing policies and projects that must be performed from a nationwide viewpoint or on a nationwide scale mechanism that can be very useful and effective For local management in Political-legal system of our country local management.