Document Type : Original Article
Highlights
The implementation process of the Law on Conservation of Agricultural Lands and Gardens is carried out by an administrative authority, and from this point of view, the mentioned process must be in compliance with the criteria and principles of "good management". Accordingly, addressing the conditions and process of law enforcement from the perspective of public law is an undeniable necessity. In this regard, in this descriptive-analytical method, the compliance of current laws and regulations in the field of implementation of the law on conservation of agricultural land and gardens outside the cities with the criteria of the principles of administrative law has been examined.
The purpose of formulating and compiling the law on maintaining the use of agricultural lands and gardens approved in 1995 and its subsequent amendments in 2006 as well as its executive regulations and instructions is to preserve the use of agricultural lands and gardens and to prohibit the change of use of those lands. However, according to the requirements of the community regarding the change of use or optimal use of the lands in question, the law has allowed the change of use under certain conditions after a series of administrative steps. The change of use of agricultural and garden lands outside the cities in Iran is within the competence of the Ministry of Jihad-e-Agriculture, and in fact this important thing is done inside the administrative system of the country, which is undoubtedly one of the most important parts of any government system.
Nowadays, the actions of administrative institutions and the formal procedure for handling people's requests are carried out in the light of specific criteria, which here refer to the criteria of good governance. This study can help to improve the administrative system of the country in the field in question and also to promote the rights of the people.
Among these, attention to the fundamental rights of individuals is one of the most necessary and important issues that can be addressed by the criteria of "right to good governance" in Article 41 of the Charter of Fundamental Rights of the European Union, adopted in December 2000. It was recognized at the Nice Summit as a fundamental right of citizenship.
These principles can certainly provide desirable and appropriate solutions to regulate the relationship between public power and citizens, as well as guarantee the rights and freedoms of individuals, and to administrative efficiency and the realization of good governance and ultimately citizens' satisfaction with the administrative system. And consequently the government.
In the discussions and studies conducted, it became clear that in the process of implementing the law on conservation of agricultural land use and gardens, the principles and criteria of good governance are not observed as desired, and sometimes the fundamental rights of individuals are violated by public officials. Placed.
In the Iranian legal system, there are cases in laws and regulations that can explain this meaning and in general, its author's diligence in creating a desirable administrative system and subsequently creating an administrative system based on the legal criteria of good governance.
In some government approvals and approvals of the Supreme Administrative Council and the Civil Service Management Law and the second and third development laws and general policies of the administrative system and ethical charters of the administration and in some decisions issued by the Administrative Justice Court in order to reform the administrative system Observance of these principles can be seen.
In some articles of the Charter of Citizenship Rights approved in 2016, citizens have the right to a proper administration based on the rule of law, transparency, justice, accountability and the obligation of all administrative officials to comply with it and prevent any self-interest, personal and family intentions. And prejudice has been considered by the legislature.
Therefore, it seems that the principle of legality is observed more than other principles. The principles of presenting the reasons for administrative decisions, access to the file, observing the reasonable deadline are relatively observed, and the principles of neutrality and independence, legitimate expectation, appropriateness and hearing are generally not applied, and the principle of compensation to citizens through supervisory bodies In particular, the Court of Administrative Justice is enforceable.
Despite signs of some principles of good governance in current laws and regulations, the lack of a coherent and codified law containing these principles and criteria, such as those in the Charter of Fundamental Rights of the European Union and the European Code of Good Administrative Behavior, is a necessity of the current Iranian legal system. It should be properly implemented with the training of administrative officials and law enforcement and improve the relations between the people and the executive apparatus and the rule of trust between them.
