Document Type : Original Article
Authors
1 PhD student of Qom University
2 Assistant Professor, Faculty of Theology, Qom University, Qom. iran
3 Assistant Professor, Faculty of Theology, Qom University, Qom.
Abstract
Highlights
Article summary in English
Studies show that the country's economic development programs after the Islamic Revolution have led governments to short-term economic development. This directional direction has caused many red lines of environmental protocols to be ignored and the country's economic growth to be overshadowed by conflicts of interest. This approach leads to the implementation of environmental laws in a discriminatory and selective manner by some large government agencies and companies. In the meantime, due to the conflict between the short-term economic interests of the government and environmental interests, the essential environmental laws and regulations have been violated and have paved the way for the current environmental crisis. In the present study, based on the analytical-descriptive method and the presentation of legal solutions, an attempt has been made to eliminate the formation of the phenomenon of conflict of interest, which has led to the violation of substantive laws and regulations of the environment. So far, experts and lawyers have come up with different proposals to solve this problem. Revision of Article 1 of the Law on Environmental Protection With the departure of the Environmental Protection Organization from the direct control and supervision of the executive branch 2, the transformation of the organization into a ministry, the change and revision of the substantive laws of the environmental protection laws and the updating of the current laws are among these solutions. Is. In this research, an attempt has been made to review the provisions of Article 2 of the Environmental Protection Law to provide the most appropriate, least costly and fastest solution to remove obstacles to the implementation of environmental protection laws and regulations.
The term conflict of interest or conflict of interest refers to situations in which individuals or institutions, by choosing their duties, face separate personal or group interests. These conditions cause professional decisions and actions to be influenced by a secondary interest. And often the conflict of interests is related to the performance of the legal duties of a public officialIn this definition, natural and legal persons Public interests, interests and interests are violated.
Studies show that various causes are involved in the formation of conflicts of interest in the field of environment, including structural factors that provide a basis for conflict between the interests of government agencies and the tasks of the Environmental Protection Agency. And the supervisor and supervisor alliance.
Conflict of interest in the field of environment is the basis for violation of environmental laws and as a result is one of the most important factors in exacerbating the environmental crisis in the country. Therefore, it is necessary to provide an appropriate solution in accordance with this effective cause of environmental degradation:
Strategies for preventing and managing conflict of interest situations in the field of environment: 1- Proving the existence of conflict of interest in an organization is the most important element in combating it. 2. The strategy of transparency by dealing with violators through information and disclosure of conflicts of interest by the affected institution is one of the simplest and least costly ways to deal with a large part of conflicts of interest in the field of environment. 3- Studies show that creating legal restrictions and prohibitions in some environmental issues can be considered as a desirable option to control conflicts of interest in the field of environment. 4. Resolving the conflict between benefits and revenues, as well as between the duties of organizations, by determining another route to earn the income of stakeholders that are in conflict with the duties and objectives of the environmental protection organization can be expressed as a serious option in this regard. Be. 5- Legal management in preventing conflicts of interest is another influential factor in this area . Therefore, in order to achieve this important goal, it seems necessary to revise the provisions of Article 2 of the Environmental Protection Law, which is one of the contexts for the formation of conflicts of interest in the field of environment.
The result is that، The environmental crisis in the country is affected by various factors. Studies show that the conflict of interests in the field of environment is the most important factor in creating the current environmental crisis and challenges in the country and is the basis for violating environmental laws and regulations. According to the results of this study, negligence in dealing with violations of some government agencies, in the shadow of the monopoly and control of the executive branch over the most important environmental monitoring institution in the country and relying on the provisions of Article 2 of the Environmental Protection Law. Therefore, to prevent this destructive process, revision of the provisions of Article 2 was considered as the most monastic solution to solve this problem. It is hoped that the following results will be achieved by reviewing this law: 1- In the current situation, the desirable efficiency of the substantive laws of the Environmental Protection Law, despite strong legal documents and upstream documents such as Article 50 of the Constitution, paragraph A of Article 38 of the Sixth Economic Development Plan and paragraphs 1, 4, 10 of the general environmental policy document It is highly questionable by the Supreme Leader. Among the effective factors of the inefficiency of the substantive environmental laws is the violation of environmental laws and regulations by some government agencies in terms of conflict of interest in this area, and its basis is the provisions of Article 2 of the Environmental Protection Law. Management and control of part of the crisis and challenges facing the country's environment is provided. 2- In the process of revising this article, by transforming the position of the High Council for Environmental Protection from an intra-administrative council (executive branch) to a supra-branch council (permanent membership of the judiciary and the legislature in this council) and the governing body, the harmful phenomenon of conflict of interests in The field of environment will be raised, and obstacles and evasive challenges to the implementation of the country's environmental protection laws will be removed. In this case, the structural conflict between the responsibilities of the regulatory bodies and the lack of coordination between them, which is now seen in terms of the weak legal status of the Environment Organization, is removed. 3- The field of implementation of environmental laws is provided based on the long-term interests of the country and far from discrimination and conflict of interests. 4- The power of deterrence and prevention of major violations of some government agencies and companies increases by resolving the conflict of interests of stakeholders. 5. Government agencies and companies will be required to draw up their economic policies within the framework of compliance with the laws of protection of natural resources and the environment. 6- Prosecution of major environmental destroyers will be possible by establishing the governing position of the Environment Organization with the aim of securing the public interests of the country, based on the rule of no harm and based on the legal theory of pure responsibility for environmental violations.
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