The pathological analysis of Municipal Approvals and Armed Forces on Police Constructions

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.