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

credit can be imagined in public, private and government formats. One of the important types of mines is oil and gas mines, which have been presented with various theories in jurisprudence as well as laws and legal doctrine regarding the ownership of them from the public and private aspects. The present research deals with the structural explanation of the private and public ownership system in the form of oil and gas mines based on jurisprudential and legal foundations by examining jurisprudential and legal documents. The results of this research show that, although the jurisprudential approach and even the laws initially prefer private ownership over public ownership, and with the passage of time and the transformation of oil and gas as one of the national wealth, public ownership has sovereignty over them. In determining the rules governing public wealth, one can pay attention to the attitude of jurists in determining the nature of the relationship between Islamic government and Anfal, and in general, the approach of jurists in determining the nature of the relationship between Islamic government and Anfal can be seen in cases such as: inherent priority or ownership He gave priority to the imam's real person, the possession of the imam, etc.) The research method in this study is descriptive-analytical, and the library method was used to collect the sources.

Oil, as an economic and strategic commodity, has played an effective and decisive role in the political and economic destiny of the country and its people since the past and because these resources belong to the people, and on the other hand, its management is the responsibility of the government according to the law, entrusted to act according to the interests the people. In order to realize this, it is necessary to comply with the principles and requirements that the theory of enforcement to public rights in Anfal and public wealth in oil and gas sector tries to explain the necessity and manner of realizing these rights and the obstacles to their realization by respecting the property rights of the people. In the regard, the management of exploration, optimal production, the manner and quantity of supply, the income from exports and the manner of spending it are of particular importance. One of the positive and influential factors for the realization of public rights is the key role of the government in implementing good governance and regulation in order to restore and protect these rights, and the effective and reciprocal role of the people in this regard, and the negative factors are the weakness of laws and inefficiency, Management officials pointed out. The main questions raised in this article are: What is the performance of the responsible party to realize peoples, rights in oil and gas natural resources? Are there practical measures and serious determination to solve the problems in the industry and remove the obstacles to the realization of peoples right in natural resources of oil and gas? The evaluation of the performance of officials and law in a descriptive and analytical way has been examined in this article.

In today's era, natural capitals are very important in economic prosperity and active production cycle, because the production of factories mostly depends on the raw materials obtained from these mines, and on the other hand, the capital of some countries is also obtained through the extraction of reserves. It is provided underground, including oil. Therefore, the importance of mines in providing financial resources, industrial development and economic progress of countries is undeniable. Therefore, considering the importance of mines in the economic development of countries, its extraction requires laws and regulations that clearly explain the rights of the government and the nation; Because the arbitrary extraction of mines can lead to irreparable negative economic and environmental consequences. Therefore, by analyzing the rules, foundations and legal sources between public and private ownership, the present research seeks to answer the question, who is the main owner of mines from the perspective of Islamic jurisprudence and English law? And it has come to the conclusion that despite the existing differences, from the perspective of famous Islamic jurists, mines are a part of Anfal and its authority is in the hands of the imam or ruler of Sharia, and in English law, there are two different views on the ownership of mines, one theory of ownership It considers mines to be subordinate to land, and the second theory considers mining ownership to be separable from land ownership and negates the land owner's ownership of mineral deposits hidden in its depths.

The new generation of Iranian oil contracts (IPC) in 2015, after its general terms were approved by the government, was unveiled, introduced and reviewed in two stages. Developers of the general terms of IPC, citing that current patterns of service contracts, including the third generation of Buy Back Service Contracts, do not meet the current needs of the petroleum industry and are not conducive to attract investors. The developers announced the most important goals for IPC: The need for a long-term presence contractor or investor in production phase of the fields, thereby guaranteeing the quality and quantity of the contractorchr('39')s activities, The need to establish a direct relationship between the contractorchr('39')s wage and the amount of oil or gas produced and, consequently, the realization of a sentimental perception, The prediction of technology transfer during the production phase and the direct linkage between the type of technology used and the contractorchr('39')s wage due to the impact on the maximization and most efficient harvesting of fields and the realization of the win-win strategy. The new contractual model faces ambiguities and disadvantages, for example:  Conflict of this pattern with the governmentchr('39')s sovereignty over oil and gas resources, The danger of alien domination over the countrychr('39')s oil interests due to long-term and other predicted conditions in public terms, The erosion of public ownership of oil and gas fields, The similarity of some of the provisions of the new model with the score and therefore its prohibition, Prohibition of the transfer of public ownership of oil and gas fields to the private sector and uncertainty about the transfer of technology to the long-term presence of a foreign contractor during production phase. These criticisms of the opponents of this contractual model are interpreted as contradictory to the constitutional principles. In this paper, we will try to identify, by specifying the relevant laws and examination of the criticisms, that none of the above items is in conflict with the principles and provisions of the constitution. And Most of the suggestions or objections raised are from the perspective of managerial interests and provide maximum benefits in terms of management and executive management. The results of the study indicate that the new contractual model (IPC) do not conflict with the fundamental principles of the constitution of the Islamic Republic of Iran

The term “National Monuments” is a familiar title for today’s citizens. However, this term is not as old as nine decades. The first time, this term has been mentioned in the books of intellectual authors in the Qajar era. After the establishment of Pahlavi, special legal rules have been passed in 1930.

For present study, the analytical-descriptive approach has been chosen.
Ethical Considerations: All ethical considerations as well as authenticity of the texts have been observed.

In laws and regulations related to national monuments, we cannot consider a comprehensive definition in this regard. Similar concepts such as cultural possessions, historical property, artistic property, antique treasures, national treasures, and natural monuments overlap with this concept.

According to the current legal order in the field of national monuments, spending one hundred years is necessary for the description of the cultural - historical monuments.

 
The management of urban affairs and the provision of public services by municipalities require the acquisition of financial resources that the legal nature of this public institution requires the provision of more than fifty percent of it from non-governmental sources. The separation of these resources from the point of view of how they are provided, although they provide relative financial independence for municipalities, but this is a matter of financial supervision in the face of barriers such as interpretation of Article 55 of the Constitution, financial transparency and efficient monitoring of these resources. Has also been challenged. Thus, at present, the supervision of an oversight body such as the Court of Arbitration of the Republic is possible only on that part of the municipal resources provided from the country's budget, and their internal resources are beyond the control. However, the existence of legal capacity such as the Law of the Court of Justice, which has the general jurisdiction of the financial authority for all ministries, institutions, state-owned companies and any executive body that, in accordance with principles (44) and (45) ) Of the Constitution of the Republic of Estonia, it is considered that, on the one hand, and the procedure for the ownership and public funds on property and liquidity available to municipalities in accordance with Article 13 of the Law on Public Procurement, on the other hand, not only The law does not restrict the supervision of the Court of Audit on the integrity of municipal funds, but also to carry out this monitoring in order to safeguard the essential necessity To be.

The main subject of this article is the review of ideas that theorized the criteria of Public Properties In their doctrines, theorists of Administrative law do not profess similarly in this theme. Some of these lawyers define public properties in a minimum approach manner and consider them as inalienable Properties which are dedicated to public utility. According to their view, as public properties are inalienable therefore state ownership over them is unacceptable and the government merely has the right to protect and maintain them. Other authors, based on necessity of special protection from public properties, extend the range to the properties dedicated to public service.Today, the administrative law doctrines in France tend to treat these properties as property owned by the State. For these scholars, public properties are owned by the government and dedicated to the public interest (public use and public services. In this article, the author is going to express the views that define public property and provide the necessary framework for determining public property.

Properties that are permanently assigned to meet a public goal and use a form of public property, which is referred to as "public property of user orientation". The present research, using library studies and adopting an analytical-descriptive approach, has identified the "legal nature of the relationship between government and public property of user orientation" through the study of the works and theories of the Imams and jurisprudents of the Imams and French jurists in different periods, Imamieh jurisprudents have described the legal nature of the government's relationship with this category of property as "supervision, management and maintenance" by providing three theories of "ownership", "ownership of the title" and "ownership of the legal personality of public property" in all legal periods. In contrast, the French lawyers first of all, by designing theories of "Behaviorism", "being under the ownership of the nation", "under the rule of government" and "ownership of the direction and the use" of the legal nature of the relationship of government with this category of property, is "management and maintenance" "But the inadequacy of these theories in protecting public property against personal constraints has led to a" public domain "theory through the transformation of the concept of ownership.

Ownership of oil resources has always been one of the challenging issues at national and international levels. The acceptance of public ownership of oil reserves in Constitution of Iran in the jurisprudential concept of “Anfal” has led to the emergence of this notion by some of the oil industry's leaders and experts, that, apart from the service contract model, the use of other contractual models is contrary to the concept of public ownership of oil resources. The precise examination of the status of public ownership of oil resources in the countries of Venezuela, Indonesia, Iraq and Iran on the one hand; and the assessment of the nature of each of petroleum contractual models and their application in these countries shows that, contrary to what is perceived in Iran's oil industry; public ownership of oil resources does not constrain the use of participation method in the upstream sector of oil industry, but concession model is the only model that contradicts the notion of public ownership of oil resources.

The informal Constitutional amendment is a process which alters the meaning and concept of the Constitution without changing its text. This process which may happen consciously or unconsciously as a result of the actions of governmental authorities and entities, changes the Constitution outside its formal amendment mechanism and in fact infringes that. One of the issues likely to have altered the Constitution in this way is the adoption of general policies of principle 44 by the Supreme Leader so that as a result of these policies, important evolutions have taken place in the way of investment, ownership and management of those envisioned in the beginning of the principle.
This paper seeks to examine the ratio between the general policies of principle 44 and the content of this principle with an analytic approach. The question is whether the Constitution has been changed with these policies or not. Simultaneous regard to the content of the beginning and last paragraph of principle 44, alternativeness of principle 44 from the viewpoint of Constitutional legislator, possibility of devolving the issues set forth in the beginning of the principle to non-governmental sector even prior to the adoption of the mentioned policies and other evidences all prove that the general policies have been in accordance with the Constitution and in line with principle 44.

Except for Imam Khomeini’s approaches and position as constituer of country political system, his novel and varied jurisprudential views about government, Vilayah (to rule) and competences of Islamic governor, can be used as a source of inferring his principles of political economy, and with regard to importance of the most central legal document of country (the constitution), its reflection on this law can be surveyed.Therefore it should be analyzed that what are the Imam Khomeini’s principles and goals of political economy? How these principles should be studied so as to not to conflict? This writing, through systemic approach and content analysis, has inferred from speeches and views of Imam’s political jurisprudence, some principles such as “the originality of public ownership”, “minimized state enterprise” and “maximized Sovereign roles”, and considered the conflicts resolvable by “restricting the public ownership effect to management” and “the criterion of the economic system’s benefits” and finally compared this principles with the constitution and guardian council interpretative views.