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

The subject investigated in this article is expropriation by the government and its related institutions in the light of modern jurisprudential views. Therefore, we have first analyzed the generalities about the municipality and its possessions, and after that we have examined the issue from a jurisprudential and legal point of view. It seems that from the point of view of jurisprudence, bases such as harmlessness, expediency, and such things allow the municipality to acquire, and on the other hand, these bases are an obstacle to the acquisition of this institution. On the other hand, some principles have been proposed in the laws of western countries, including France, and we have entered and applied them in domestic laws. These foundations, which in their most important aspect are public service, public power, and public benefit, have been analyzed in their place.

In countries that enjoy local decentralization, city councils are elected by the people as a local body to expedite social, economic, developmental, health, cultural, educational and other welfare programs. The municipality of each city is the executive arm of these councils. In fact, the municipality implements the policies and decisions of the city council. However, there is always the concern that the municipality to be unable or unwilling to implement these policies. Therefore, the supervision of the city council over the mayor and the municipality is an important and fundamental issue and this study tries to answer this question: How does the city council supervise the municipality and what are the similarities and differences between the city council's supervision of municipalities in Iran and Canada? In response to this question, using descriptive and comparative method, it was concluded that although the government system of the two countries are fundamentally different; the former is a unitary states and the latter is a federal state, but in both countries the mayor is appointed as an executive director by the city council. Therefore, the city council monitors the proper performance of the municipality; a priori, during execution and posteriori. by appointing the mayor, setting policies and programs, appointing municipal officials, approving the budget and municipal transactions, monitoring revenue and expenditure accounts, supervising public services, settling of the budget.

The abundance of cases in the commissions of Article 100 of the Municipal Law in Iran and their complexity in the manner of adjudication and settlement of disputes between individuals and representatives of public power, the need to amend the relevant laws and regulations in the field of monitoring and dealing with construction violations is inevitable. It seems. This issue is fully and accurately addressed by effective enforcement guarantees and the use of legal leverage, including compliance, demolition, closure, fines and imprisonment in Singapore under the Building Control Act of 1 May 1989 with the latest amendments and additions. Dated March 1, 2019. In addition, violations of legal entities and government agencies have been considered and in some cases, regulation and grievance redressal jurisdiction (Minister-Minister) due to its progressive, innovative and effective Makes it important and necessary to investigate the experiences of this country in managing and dealing with construction violations by amending the relevant laws and regulations, especially Article 100 of 11/27/1345 of the Municipal Law approved on 11/04/1334.

The permission of the law as one of the justifiable causes of the crime causes the decline of the legal element of the crime. One of the most important cases of legal permission in Iran is the permission of the municipality to demolish citizens' buildings. In granting this license, the legislature has preferred the public interest to the personal interest And has deviated from the rule of respect for citizens' property. Permitted cases of demolition of citizens' buildings by the municipality are: Destruction in order to implement the final decision of the Commission of Article 100 of the Municipalities Law, Demolition in order to implement public and reconstructive projects and demolition in order to eliminate the danger. Although, the granting of this permit by the legislator does not indicate the full authority of the municipality to demolish the buildings without any conditions, each of the three mentioned licenses has its own conditions. In this article, by using a descriptive-analytical method, we have examined the conditions of each case of legal permission and eventually, we have come to this conclusion that on one hand However, these legal permits have been granted to the municipality in scattered laws, it does not have an identity independence of what is stated in the Islamic Penal Code as a barrier to criminal responsibility. On the other hand, in addition to the three mentioned licenses, there are various conditions that In the absence of any of the them, the municipality will be criminally liable for the demolition, Two issues in the municipality's criminal liability for demolition must be considered: First, obtaining permission through the judicial authority does not negate the municipality's criminal liability for demolition and second, to invoke the municipality's act of undermining sovereignty cannot negate the municipality's criminal liability.

One of the important tools for decentralization is the transfer of decision-making power to local institutions. Local institutions manage local affairs while paying attention to the policies and measures of the central government and under its supervision and control. Municipalities, as a local public service institution, operate under the supervision of elected people's councils. One of the main sources of municipal revenue for city administration is complications, which vary according to nationality or locality, the amount and reference rate. Although at the beginning of the councils 'activity, most of the levies were set by the councils, but over time, with the passage of five-year development laws as well as tax laws, the scope of councils' involvement was limited to the point where it became clear that the councils were essentially They have no role in determining, changing and mitigating complications. With the passage of the Sixth Development Plan Law and the Value Added Tax Law adopted in 2008, the ambiguities regarding the feasibility of tax relief by the councils increased and the rulings of the Administrative Court of Justice increased the ambiguities due to the lack of a unified procedure. The VAT law of 1400 also retained Article 50 of the former law, and the issue remained virtually unresolved. However, the main question of the research is to what extent the above-mentioned laws have prohibited the granting of discounts and good prizes? In order to answer this question, while explaining the relevant laws in each discussion, the opinions of the Court of Justice are also mentioned and analyzed.

According to several laws, including Article 47 of the Constitution of the Islamic Republic of Iran, as well as Articles 30 and 31 of the Civil Code, the property of individuals is respected, and in Article 22 of the Constitution, the legitimate property of individuals is under the comprehensive protection of the law and immune from attack. In this way, the law does not provide a right for owners to harm others and violate public interests and rights, as well as rights for illegitimate ownership. In many cases, the legislator has stated the exceptions to the rule of subrogation, among which we can refer to the laws related to the expropriation of property of individuals or the limitation of ownership of individuals. Since the municipalities, as the trustees of the city and also according to the law, implement most of the laws and regulations limiting property rights that are approved by the legislator, Islamic councils of the city, the Supreme Council of Urban Planning and Architecture, etc. Therefore, according to citizens, municipalities play the biggest role in limiting the exercise of property rights in cities. According to Article 10 of the Law on Organizations and Procedures of the Administrative Court of Justice, it deals with people's complaints against the municipality and, as the case may be, the implementing agencies of negative or limiting ownership laws and regulations, etc. Also, in cases where people claim that the approvals, circulars and regulations of the city's Islamic councils and other competent authorities are in conflict with the law.

Usually, instead of carrying out legal duties themselves, municipalities outsource them to contractors. The issue in such cases, is that if a third party suffers loss due to a contractor's negligence, can he demand to be compensated by the municipality? In particular, this question is raised with the assumption that in the contract between the municipality and the contractor it is stipulated that compensation for damages suffered by third parties is the responsibility of the contractor.Regarding the responsibility of the municipality to the third party, there are three views in the judicial precedent:Relying on the contract, certain courts held that the municipality is responsible. Some other courts held that the municipality is responsible only to the extent that it was involved in cauing the loss.And finally, some others have considered the municipality to be responsible for all the damages caused to the third party. However, the municipality is entitled to refer to the contractor after compensating the third party.

Under article 3 of the [Iranian] Municipal Act of 1955, municipalities have independent legal entity. Meanwhile, the elective section of the municipality – then called “city association”- existed as an internal section of the municipality and not as a separate legal entity. After the Islamic Revolution, the new “city and rural Islamic councils” gained a separate legal entity. Thus, the structural gap between the executive section (municipality) and supervisory section (city and rural council) of local governments emerged. This led to structural incoherence and caused damaging consequences such as unnecessary administrative organs, judicial tensions, financial and budget disputes, and multiple legal responsibilities. Using a historical analysis method, this paper will answer the question: what is the origin of the structural tension between the municipalities and city councils in Iran? It seems the proper solution is returning to the original and historical model of the municipality in Iran and the elimination of the city council's legal entity and integrating it into the municipality.

The Iranian legislature has used the old division of actions into sovereignty and commercial activities in various laws without announcing specific criteria. In the note of Article 20 of the Islamic Penal Code enacted in 2013, the imposition of punishments onto the governmental and nongovernmental public institutions including the municipality in the exercise of sovereignty have been banned. In this article, with a descriptive-analytical method, we try to explain the legislator's approach to the crimes committed by the municipality in the sovereignty and commercial activities, Which we have finally could include; Firstly, in crimes requiring ransom, the legislature explicitly refers to the criminal responsibility of the municipality, regardless of the sovereignty or commercial activities of the municipality, in the note of Article 14 of the Islamic Penal Code. Secondly, in crimes requiring discretionary punishment, despite the explicit note of Article 20 of the said law Due to the doubts and ambiguities in the sovereignty or commercial activities of the municipality on the one hand and the legislature's criminalization of all acts near to the definition of sovereign acts on the other hand,Iranian criminal law in both categories of actions has made the municipality criminally liable.

The municipality, as a prominent item of the public law legal person, sometimes on one hand violated the provisions of urban planning by granting licenses, has caused high buildings and stabilization of air pollution. On the other hand, as one of the institutions that is obliged to prevent air pollution, with Failure to perform its legal duties will cause and intensify air pollution. Air pollution is one of the main causes of physical injuries (crimes(. The position of the municipality as a responsible and punishable perpetrator of air pollution crimes depends on establishing a longitudinal link between the conduct of the crime, criminal liability, and ultimately suffer the criminal sanction. The municipality, both as a representative and as an activity, shows its behavior in its act and omission form in the perpetration and causation figure in creating air pollution and for this reason, there is no difference between the behavior of a municipality as a legal entity and the behavior of a natural person.However, knowing the municipality as a criminal responsible has two conditions: First, establishing a citation relationship between crime and air pol

The municipality, as a local public and non-governmental executive institution, has various duties, including civil affairs, services, monitoring and protection, welfare, and so on. Definitely the most important issue in municipal area refers to financial management, because problems in the financial system have direct effects on other municipal duties and will cause significant deficiencies. In addition it causes a lot of damage to the city. All over the world, especially in the world's metropolises, the appropriate financial management system can create an atmosphere for achieving goals and lead to development. The survey of Tehran Municipality's financial management system based on comparative studies with other cities of the world, including London, Zurich, New York, Toronto, Auckland, Vienna, Beijing, Dubai and Istanbul, indicates significant deficiencies and reveals the necessity of more studies. The present research, relying on a descriptive-analytical approach and library method, seeks to find appropriate answer of these questions that, what is the most important challenges in Tehran municipality for achieving organized financial management system based on comparative study with other metropolises in the world and what is the solution for achieving organized framework? In order to answer the above questions, in the first step, we will study current situation and in the next stage, we will provide appropriate solutions for organizing the financial system. Lack of proper organization of financial resources and unstable revenues of Tehran Municipality, the need for financial self-sufficiency of the municipality without considering the appropriate infrastructure and lack of financial adequacy of the municipality are the most important factors that have created the current situation And current situation needs scientific and strategic work.

Granting legal personality and decision-making authority to local institutions is one of the most important elements of democracy, and "decentralization" has been accepted by various countries as one of the methods of governing with the aim of dismantling power and responding to local needs and concerns. In this regard, the Constitution of the Islamic Republic of Iran has recognized "Islamic Councils" in Article 7 and Chapter 7 of the Constitution and has delegated its duties and powers to the Islamic Consultative Assembly. Accordingly, in accordance with the law on the organization, duties and elections of the Islamic councils of the country and the election of mayors, various duties and powers were foreseen, including the imposition of tolls for these councils. Although tolls were enacted in several other laws, the meaning and scope of councils' authority were never specified. This ambiguity in the legal basis, the concept and scope of tolls and tolls in excess of density as one of the most important examples of tolls approved by the councils, has led to a dual approach of the Court of Administrative Justice in this regard. Therefore, the present article uses the descriptive-analytical method to reach the approach that, firstly, the ruling law in the field of tolls is the VAT law approved in 1387, which has only granted new local tolls to the councils and nothing else. Second, the imposition of tolls "Excess permitted density" by councils is against the law.

A municipality is a local organization and a kind of city administration system that is established to manage local affairs such as development, health, creating urban facilities and the welfare of city residents, etc. One of the duties of municipalities is to implement public and development projects and to create streets and roads, which in some cases create restrictions on the property rights of individuals and cause damage and thus create civil liability for the municipality. This study examines the legal and jurisprudential principles that can document the obligation of the municipality to pay compensation for the withdrawal of property resulting from the implementation of the public plan, which analysis and explanation can be effective in restoring the rights of the people . The research method in this research is in the field of descriptive-analytical research and the method of collecting information is mainly library in the form of books and articles. The purpose of this research is to explain the legal and jurisprudential principles of municipal responsibility and to reduce the fragmentation of judicial opinions in the courts and to create unity of procedure and reflection of legal gaps.

Deficiencies in the laws related to the acquisition and seizure of lands and properties belonging to citizens have led to the process of expropriation being accompanied by widespread deprivation of citizens' rights. By violating the rule of law by the municipality and evicting the owners, without paying their legal rights, the owners affected by the project will file a lawsuit against the municipality to demand the price of the acquired land. However, there are several obstacles to litigation that pose serious challenges to the realization of landlords' rights, so that landlords are often deprived of the day-to-day price of the acquired land and a significant portion of the damage left to them remains unrepaired. Therefore, in this study, while identifying the barriers to litigation and the challenges of receiving a convict from the municipality, we propose solutions to protect citizens and ensure the principle of equality of all in the payment of public expenses.

The “1972 Stockholm Declaration” on the environment is marked as the beginning of the recognition of the right to a healthy environment in the international community. One of the important areas of guaranteeing this right is urban waste management, that is mostly the responsibility of municipalities, and the reason for this importance is the direct contact of urban people with waste in their daily lives and the threat to the environment and their health by waste; Therefore, the extents and necessities of guaranteeing the right to a healthy environment in urban waste management seems vital. This article reviews the reflection of this right in the constitutions of countries and its constitutionalizing in Iran, with a descriptive-analytical approach; and explains the duties of municipalities in guaranteeing the right to a healthy environment for citizens and residents with a focus on statutes. Municipalities, as institutions of local governance and non-governmental public institutions, have an essential and important role in guaranteeing this right in cities, and in particular in the field of municipal waste management. After reviewing the role of municipalities in terms of law and also in terms of the principles of citizenship rights, finally in a case study, the situation of Isfahan Municipal Waste Management Organization in guaranteeing the right to a healthy environment will be explained and discussed. 

Analysis of the municipality’s civil liability in building construction on the basis of failure theory, can put the interests of the party who has incurred a loss, at risk , and may affect the whole damage compensation, because it is hard to prove a failure. Hence, via the new legislative approaches including articles 14,20,143, 515,517,518 of the Islamic penal code, and giving due consideration to article 184 of labour law and based on article 11 of the civil liability law, a change of procedure can be made on the basis of civil law. This specific approach of civil law does not require finding a special basis for each liability by a judge because assignment of a certain theory cannot be responsive and the judge has to be able to assign the compensation to the person’s behaviour that is the criterion for recognition of failure or judgement. Such an assignment to themunicipality’s behaviour can be accomplished in different categories including “municipality’s failure in fulfilling the obligatory tasks” (Obligation to Inducement) and “municipality’s failure in fulfilling the supervision tasks” (Obligation to Results) .Municipality’s tasks are performed either in a supervisory form (supervision over the performance of the supervisors regarding those buildings that have construction permit,and direct supervision over the construction of those buildings that have no construction permit) or in the form of a direct intervention, as project employer or contractorGenerally, municipality’s involvement is accomplished through supervising over the performances of civil engineers and proprietors and inspecting the buildings in various ways such as issuing construction permits, preventing illegal constructions, issuing construction completion certificate.On the other hand, as an employer or contractor, the municipality’s liability is to fulfil the tasks determined for the employer. On the basis of the general rule of compensations, municipality maycompensate for the incurred losses usingnonmonetary ways.

The city is present as a dynamic and alive unit in the community, and urban issues are among the main concerns of policymakers, legislators, and executives managers, and there are also interdisciplinary efforts to organize it in academic communities. One of the basic strategies for city decent management is decentralization, which itself has the basics and principles that are being studied in different disciplines. From the principles of decentralization that has been neglected, the principle of urban unity can be named, which can have many effects in optimizing urban management. This principle has not been taken seriously so far and all attempts to implement integrated urban management have not been completed due to reasons such as the lack of recognition and acceptance of the principle of urban unity. It seems that first of all, there must be a consensus on the concept of urban unity, and then the effects and results of this acceptance are shown in the urban management plans. Accordingly, the city should be considered as a single legal personality, which is itself a party to the right and obligation, and then knows its capacities and solves its problems; Otherwise, if we do not see the city as such, putting management policies into a fragment  city is not beneficial. Fragmentation in urban management is due to the fragmentation of the city and this cause which there is no sensible and logical look at the recognition of issues and urban damage. Urban decent management requires a new look at the principle of urban unity.

Implementation of development plans, where requires the possession citizens' lands, sometimes encountered property owners resistance and lack of compliance with these plans that ultimately ends with the compulsion of the competent authorities and the intervention of the executed agents with duress. But sometimes owners takes action on the implementation of the plan and optional retreat with discretion and willingly. In this case the right to claim for value by him has sometimes been questioned and denied by lawyers and courts. Judicial review also shows that most of them are deprived of claim for value and proof of their rights and the municipalities have taken over part of their property for free. The present study seeks to reasoning grounds of this category of courts and lawyers to argue on proving the right of this category of owners.

One of the effects of the industrialization of human societies is the increasing use of motor vehicles by humans, which, despite the fact that human life has been facilitated, has led to many incidents involving a lot of financial and human damages, in which the above-mentioned incidents and methods of compensation for financial and physical damage Entry into the victims of these incidents is one of the major issues of civil responsibility in the current world, and these events do not only create problems for the people of the community, but also increase the social responsibilities of the state and the public nongovernmental institutions, and this is a fundamental research carried out by the library method. Try to find out That the responsibility of the Road Safety Counselors, which includes the Ministry of Road and Urban Affairs outside the city and the municipality of the city as well as the traffic police, in some cases that are responsible for the safety of the road, are to be reviewed and, ultimately, we state that the basis The responsibility of these institutions can be justified by any civil liability theory. Regarding the general rules of civil liability and the theory of the "assumption of priority of the servant on the state" and in accordance with Note 3 of Article 14 of the Law on driving offenses adopted in 2010, the responsibility of safety carriers is based on the theory of fault and cannot be caught by reference to Note 3 Article 14 of the Law on Driving Misconduct came to the strict liability theory as well as the liability of the insurance companies and the fund for damages in Article 16 of the new third-party insurance law in relation to road safety officials with the group guarantee theory because the insurer in the compulsory insurance law A third party is seeking a mechanism to expedite redress is seen.

In municipalities, one of the stages of the budgeting process is budget execution. Although the budget is prepared correctly on the basis of information and experiences and by using new measured methods, the need for proper implementation of the budget will be the other important part of budgeting activities. The Law of Iran and France have acknowledged the implementation of the budget by the municipality. Proper implementation of budget requires processes that makes it possible to collect accurate and legal revenue and also is included on correct and legal pay of costs. Studies show, in the two systems, the process of implementation of the budget is determined according to ability, experience and respect for the rights of citizens, and in this regard there are significant differences in the two systems. Given the shortcomings that exist in the laws and regulations, drafting procedures and methods of implementation of the budget -in particular deficiencies in the collection of revenues seen in Iran -is one of the requirements in organizing the transparency and legality of the budget execution process in the municipalities of Iran, in which the practices governing the legal system of the French municipalities could be used.