Document Type : Original Article
Authors
1 Ali Rasti PhD student in private law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
2 Assistant Professor, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran
Abstract
Highlights
Investigating strategies for the protection of national and state lands in the administrative structure
Abstract
Protection of national and state lands is one of the important and basic issues that should be considered by the legislator. In Iranian law, the most important law passed regarding national lands is the law on the nationalization of the country's forests and pastures approved in 1935. In Imamiyyah jurisprudence, the national lands under the title of enfal are considered as public property in terms of their nature. This research aims to explain the problems and deal with the inefficiency of the current laws with a descriptive and analytical method and with the aim of achieving the desired model in achieving efficiency by relying on appropriate approaches to overcome these problems and look at the shortcomings in the three legislative, judicial and executive areas. and has provided strategies to overcome the problems caused by the ineffectiveness of laws. In the laws regarding national lands, the multiplicity of laws and their internal conflicts, the absence of a comprehensive land law and unified management, non-compliance with the rule of proportionality of crime and punishment, the adoption of incentive laws leading to the unauthorized occupation of national lands, the lack of a special court to deal with national land issues and the lack of The correct implementation of judicial rulings regarding national lands is one of the reasons for the ineffectiveness of laws regarding national lands. In contrast to the consolidation, compilation and revision of laws, harmonization of the governing approach to laws, fundamental changes in the ownership structure of these lands and the way they are used, reforming the method of determining punishment and changing ineffective laws, strengthening the Commission for the Elimination of Interferences, specializing the competent courts for Dealing with the issue of land, reforming monitoring methods, protecting and handing over national and state lands, and using new registration and cadastre methods are among the effective methods of laws in the maintenance of these lands. Undoubtedly, paying attention to the application of the efficient solutions of laws in legislative, judicial and executive policy can show tremendous effects in our legal system in the protection of national lands, and the realization of this importance requires serious legislative effort in achieving the desired goals.
This research tries to take a critical approach to the existing challenges and problems in order to realize the protection of national and state lands, to check the strategies to get out of this situation, to give priority to the expression of challenges and proposed and basic strategies in order to solve them in All three areas make the national and state lands, which are closely related to the preservation of human life and as a great economic capital, to be better protected. The necessity of answering this main question is whether the current solutions have been able to fulfill the basic task of protecting national lands and property. Government to answer? And if the answer is positive, what are the reasons for increasing destruction and expropriation and limiting the government's ownership of these lands? In fact, it has caused this article to be edited.
The preliminary hypothesis is that despite the need to amend laws and regulations in this area, government interventions alone are not considered a desirable model, and the creation of a suitable mechanism is required to achieve this goal. One of the basic issues in the field of land management is the occurrence of land disputes and interferences, for this reason, in order to resolve land interferences regarding the dispute between the government and natural persons regarding national, state lands and exceptions, with the approval of Article 45 of the Law on Removing Obstacles to Competitive Production and Promotion The financial system of the country approved on 2/1/94 and adding a note to Article 9 of the law on increasing the productivity of the agricultural sector and natural resources as one of the necessities in order to resolve property disputes, avoid parallel work, stabilize the nature and ownership of land, amend documents and reduce The lawsuits of the relevant commission were responsible for solving these problems
This commission has been foreseen by the legislator in line with the economic growth and development and removing overlapping laws and amending documents, especially property documents. According to the aforementioned regulation, the relevant organizations will be responsible for resolving the conflicts and disputes that have arisen between the government and individuals in this field; To make a decision regarding the stabilization of land ownership of natural and legal persons under public and private law. Also, it is expected that by stabilizing the nature and consequently ownership, while decriminalizing and reducing related lawsuits, legal obstacles will be provided on the path of high production and a suitable platform for economic growth and development. It seems that Iran's legal system in the field of national and state land laws is unable to In order to understand what is meant by legal organizations, it must be stated that: "legal rules are not independent and separate from each other, and each group surrounds and manages one of the social relations in order to achieve a specific goal. .
The results show that the legislator should pay fundamental attention to the issue of land and remove obstacles so that while respecting the private ownership of national and state lands, it is also protected in relation to national lands such as changing the structure of ownership from fragmentation to concentration in appearance and at the time of approval. The law of nationalization of forests and pastures is a necessity and with the passage of time, it has become clear that besides ownership, management in exploitation is very important. In the establishment of laws related to this field, more attention should be paid to the concentration of ownership in the hands of the government to management and supervision. , exploitation, as well as the creation of a comprehensive law, the government departments and natural resources should also be required to follow up on the acquisition of ownership documents for lands in an appropriate period, and with changes in the laws, from creating multiple opportunities to protest the implementation of the provisions of Article 56 with respect to lands that were previously It has avoided nationalization and provided the establishment and stabilization of official government ownership of those lands. In addition, the contributions of non-governmental organizations as well as the role of education in raising the level of people's environmental culture can be considered effective in the protection and preservation of these lands. Change the environment to sustainable development and providing health and comfort to society.
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