Investigation of Civil Liability of NAJA Border Command Staff

One of the duties of governments is to enforce the rule and implement border laws and protocols in that country, but reducing the harm to border residents as well as reducing the organizational and individual costs of employees that may be incurred in this regard is one of the concerns of border guards. Precautionary faults of border command staff in performing their duties or leaving their duties can lead to irreparable damage to citizens, in which case they will be responsible for damages. Therefore, it is necessary to observe the necessary precautions according to the law in order to be exempted from compensating the damages caused to individuals but if the border residents themselves do not comply with the border regulations intentionally or negligently, they will not be entitled to compensation. In this research, an attempt has been made to investigate the factors eliminating civil liability resulting from the act and abandonment of the legal duties of those employees in accordance with the relevant laws and in order to reduce the damages of citizens, organizations and employees. The present article is documentary and descriptive-analytical in terms of data collection and method, respectively. The research findings show that the legislative approach to civil liability is uniform and consistent in all government employees and in all geographical conditions and regions. While in case of damage caused by border command staff’s actions to border residents, with regard to the governance of different geographical conditions inside the country, special regulations governing the border and the rule of border protocols in the Iranian border should be developed. Adequate consideration should also be given to how to compensate for the damage to the time and place conditions and the type of assigned mission to border guards, the adequacy of equipment and facilities provided by the government to border guards, the level of negligence and fault of border residents. On the other hand, if the damage caused by acting or leaving the duties is accompanied by the fault of the employees, they are obliged to compensate the loss and in case of lack of mission equipment of the relevant organization and otherwise negligence of border residents, there is no obligation to compensate. Finally, given the sensitivity of the mission and the specific conditions of the border and the existence of legal gap so legal transparency is essential for the adoption of a special border law, as well as the adoption and annexation of specific laws for border command staff in the Armed Forces Crimes Law.