Analyzing the system governing the preservation of the use of agricultural lands and gardens in Iran

Document Type : Original Article

Authors

1 PhD Student in Public Law, Department of Law, Qom Branch, Islamic Azad University, Qom, Iran

2 Hossein Javan Arasteh, Associate Professor, Department Of Public Law, Qom University And Research Institute, Qom, Iran. (Responsible Author)

3 Assistant Professor of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran. Visiting Professor, Department of Law, Hozeh Research Institute and Qom University, Iran. (Advisor)

Abstract

The legal system governing the preservation of the use of lands and gardens is an important issue in terms of legal, economic and social dimensions, and the necessity of preserving this use as an irrevocable factor and one of the effective elements in sustainable development and a source of judicial security is of particular importance. Before the adoption of the law on the preservation of the use of agricultural lands and gardens in 1374, the parliament passed several laws in order to prevent the division and separation and change of use in agricultural lands and gardens, which were not responsible for the preservation of the use of all lands and gardens, both inside and outside the legal boundaries of cities. On this basis, the change of uses has been increasing until the mentioned law.With the approval of the land use preservation law approved in 1374, the process of changing land use slowed down, but it still did not meet all the legal and social needs of the country, until in November 1385, the amendment to the previous law was approved by the parliament, and despite the inadequacy and shortcomings in the implementation, the land use change process was reduced, but it was definitely not a deterrent.Therefore, in addition to education, revision and elimination of deficiencies in the existing laws, both inside and outside the scope, it seems necessary to approve comprehensive and comprehensive laws in order to reduce the volume of such cases in the judicial authorities and training there.

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