Legal Challenges of the Organization for the Collection and Sale of Illegal Property

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

The organization tasked with collecting and selling illegal property has encountered several legal challenges, such as: Legal loopholes that hinder the ability to claim damages for negligence Extended legal deadlines for determining property ownership The multiplicity of possessions and the parallel work of similar institutions A lack of guarantee for efficient execution and timely fulfillment of obligations Insufficient interaction between government organizations     These unresolved challenges have had significant consequences for the organization's material and legal possessions of illegal property, including: Violations of property rights due to improper transportation, storage, or disposal Delays in fulfilling obligations Disruptions in the process of assigning illegal property Increased violations and omissions in securing government property rights Numerous lawsuits Financial losses Confusion among businesses Loss of economic order and security   This article aims to address the following questions: What are the legal challenges faced by the organization for the collection and sale of illegal property? How can these challenges be addressed through legal solutions?   The research methodology employed in this study is practical, objective-based, and qualitative, using content analysis. Information was gathered through library research and field interviews with experts, using a descriptive-analytical approach. The findings of the research reveal that the challenges and solutions can be categorized into three areas: legal, judicial, and executive.   Legal challenges include: Insufficient rules for claiming property damages and determining performance guarantees Lack of timely prevention of violations and omissions   Executive challenges include: The organization's extensive scope of obligations and possessions Parallel work of similar organizations Increase in contraband and prohibited goods Cultural and educational gaps   Judicial and regulatory challenges include: Delays in court proceedings related to property assignment Weak performance of inspection and supervisory institutions Increased judicial cases The complexity and specific characteristics of crimes related to seized property   The organization's establishment law, anti-smuggling law, and customs law have caused confusion for officials, owners, and businesses. The lack of clarity in judicial opinions and the assignment of possessions has also hindered the organization's efficiency. Multiple obligations and the failure to prevent illegal possessions have not only violated the government's property rights but have also significantly impacted the organization's timely performance of its legal duties. This has led to violations and omissions, damage to private property, and disruptions in economic order. Proposed solutions include: Comprehensive amendments to the organization's establishment law Creation of specialized courts Establishment of online communication systems between relevant organizations Training classes and research support Increased communication with scientific authorities   If the organization becomes a member of the anti-trafficking headquarters, the process of determining property ownership can be facilitated, and the volume of prohibited and smuggled goods can be reduced.   Innovations of this article compared to previous research include: Providing legal, judicial, and executive solutions to address the organization's challenges Categorizing executive restrictions to ensure timely fulfillment of legal obligations Suggesting guarantees for more efficient execution to prevent and resolve violations Identifying new areas for future research   The research findings demonstrate that while the establishment of the organization has centralized the collection, storage, and sale of seized property, unresolved challenges, such as the dependence on final judicial rulings for property assignment, have disrupted the process in some port cities. The most significant legal challenges faced by the organization in the third decade since its establishment include: The growth of contraband, counterfeit, and prohibited goods Managers' abuse of legal ambiguities Increase in violations and economic crimes Improper storage of property Spoilage of goods   To prevent further challenges and ensure timely fulfillment of obligations, vague and numerous rules should be removed or modified, the organization's duties and powers should be consolidated in a single law, and clear criteria should be determined for various assumptions of its possessions. By addressing these challenges, financial losses to the government, owners, and merchants can be prevented.

Language:
Persian
Published:
Pages:
391 to 424
https://magiran.com/p2776717  
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