Public Law
seyed mojtaba hosseini almousavi
Abstract
Developing the urbanization in Iran, particularly after the Islamic Revolution, has brought urban issues such as informal settlements, traffic congestion, and agricultural land-use changes to the forefront. One of the most significant challenges in this context is the multiplicity of decision-making ...
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Developing the urbanization in Iran, particularly after the Islamic Revolution, has brought urban issues such as informal settlements, traffic congestion, and agricultural land-use changes to the forefront. One of the most significant challenges in this context is the multiplicity of decision-making bodies in urban affairs, particularly the separation of policymaking entities from implementing authorities. The lack of adequate enforcement for the decisions of policymaking entities, such as the Supreme Council for Urban Planning and Architecture, along with financial constraints in urban management, raises concerns that urban planning principles may be overlooked. The foundation of the urban legal system in Iran primarily traces back to pre-revolution laws. This study, employing a descriptive-analytical method, seeks to answer whether administrative adjudication has succeeded in addressing the deficiencies of the legal system by establishing dynamic and developmental practices. In other words, can administrative adjudication assist decision-making bodies in resolving urban challenges through forward-thinking interpretations and practical applications of legal texts in alignment with contemporary needs? An examination of the performance of the General Board of the Administrative Justice Court reveals that judicial oversight follows the concept of a "red light" approach. Literal interpretations of legal texts, disregarding the intent of the legislature.
Public Law
Farhang FaghihLarijani; Elaheh Amani Vamarzani
Abstract
IntroductionUrban agriculture is closely related to both natural and urban environments. Economically, socially, and environmentally, urban agriculture serves as a unique component of the city, with its regulation depending on legal, economic, social, and cultural factors. In the legal history of Iran, ...
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IntroductionUrban agriculture is closely related to both natural and urban environments. Economically, socially, and environmentally, urban agriculture serves as a unique component of the city, with its regulation depending on legal, economic, social, and cultural factors. In the legal history of Iran, urban laws and regulations have recognized agricultural activities; however, due to the predominance of rural agriculture and a traditional understanding of the field, urban agriculture has not been viewed as a critical area of concern and has not been addressed independently within the legal system. According to Article 4 of the Law on Definitions and Regulations of Administrative Divisions, agriculture is classified as an urban profession within the definition of city. Nevertheless, the legislators have not enacted a comprehensive law specifically for urban agriculture, nor have they explicitly included it in the legal definitions of urban lands, and zones, or other relevant urban laws. Cities, characterized by legal limits and specific geographical boundaries, include agriculture among various activities. Despite the differences in the fabric of cities, there exists a legal basis and background necessary for the formation of urban agriculture. In certain cases, such as holding agricultural exhibitions in cities, there have been direct references to promote agricultural activities in urban settings. However, over time, as cities have evolved and diversified, other land uses have become more pronounced. The economic inefficiency of agricultural activities compared to manufacturing, industrial, and construction sectors has contributed to a decline in urban agriculture. Despite the adverse development processes and significant destruction of urban agricultural foundations, agricultural uses have not entirely vanished from contemporary cities. An independent legal system, supported by specialized administrative institutions and laws, exists to maintain, strengthen, and develop agriculture in areas outside cities, particularly in rural regions. However, whether such a framework exists within cities remains uncertain. The present study aimed to address whether an independent legal system is in place within urban areas to recognize, maintain, and develop urban agriculture. The study hypothesized that one of the primary challenges in this field is the lack of compatibility and coordination between existing laws and the requirements for maintaining and developing urban agriculture. Additionally, the lack of a dedicated legal system to support and develop urban agriculture contributes to these issues. Furthermore, economic incentives, the lack of transparency, and the multitude of authorities have accelerated the degradation of agricultural land and hindered the development of urban agriculture. Literature ReviewAlthough several studies have been conducted in other disciplines concerned with urban agriculture, the legal aspects of urban agriculture have largely been overlooked in the legal literature in Iran, particularly from a public law perspective. There is thus a significant gap in the legal literature on urban agriculture.3. Materials and MethodsThe present study relied on a descriptive–analytical approach to address the challenges surrounding the formation and development of urban agriculture. The data was collected through a library research method, which involved reviewing laws, regulations, and relevant interdisciplinary studies in the field of urban agriculture.4. Results and DiscussionThe findings revealed several legal challenges to the formation and development of urban agriculture, including the multiplicity of laws and regulations, the multitude of administrative authorities, the unfavorable punitive or criminal approach to preserving agriculture, the shortcomings in urban development plans, and an overly permissive administrative mechanism for changing the use of urban agriculture. In addition, the lack of reliance on sustainable income sources in urban management, the practice of generating revenue by repurposing agricultural land, and the economic and livelihood challenges faced by citizens were found as significant financial and economic obstacles.5. ConclusionIn Iran, while urban laws and regulations emphasize the importance of preserving agricultural and garden uses within cities, the fragmented nature of the legal system has led to significant legal and economic challenges that hinder its efficiency. To improve the current situation, it is essential to draft and enact coherent laws and regulations for the preservation and development of urban agriculture, establish a single authoritative body responsible for urban agriculture in the urban zone, and implement stricter legal restrictions on the conversion of agricultural land use. In addition, providing legal incentives (e.g., tax exemptions and fee exemptions), offering financial support, and giving technical advisory services can help promote the development of urban agriculture.
Abstract
In municipalities, one of the stages of the budgeting process is budget execution. Although the budget is prepared correctly on the basis of information and experiences and by using new measured methods, the need for proper implementation of the budget will be the other important part of budgeting activities. ...
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In municipalities, one of the stages of the budgeting process is budget execution. Although the budget is prepared correctly on the basis of information and experiences and by using new measured methods, the need for proper implementation of the budget will be the other important part of budgeting activities. The Law of Iran and France have acknowledged the implementation of the budget by the municipality. Proper implementation of budget requires processes that makes it possible to collect accurate and legal revenue and also is included on correct and legal pay of costs. Studies show, in the two systems, the process of implementation of the budget is determined according to ability, experience and respect for the rights of citizens, and in this regard there are significant differences in the two systems. Given the shortcomings that exist in the laws and regulations, drafting procedures and methods of implementation of the budget -in particular deficiencies in the collection of revenues seen in Iran -is one of the requirements in organizing the transparency and legality of the budget execution process in the municipalities of Iran, in which the practices governing the legal system of the French municipalities could be used.
