The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The limits of jurisdiction of the Interference Removal Commission, subject of Article 54 of the Law on Removing Obstacles to Competitive Production, in dealing with claims related to national lands (Analysis of unanimous decision No. 801 of the Gener

Document Type : A critique of a Cassation Court's decision

Author
faranak hoseini sarvestani
university of tehran
10.22034/analysis.2024.2006590.1025
Abstract
Article 54 of the Law on Removing Obstacles to Competitive Production, a note to Article 9 of the Law on Increasing the Productivity of the Agricultural Sector and Natural Resources, and the Ministry of Agricultural Jihad, in cooperation with the country's Property and Deed Registration Organization, is obliged to remove the interference caused by the implementation of parallel laws and regulations in national lands. government and individuals exceptions to amend the ownership documents and issue agricultural documents after resolving the disputes and according to Article 3 of the Executive Regulations, Note (3) of the Addendum to Article (9) of the Law on Increasing the Productivity of the Agriculture and Natural Resources Sector, the subject of Article (54) The Law on Removing Obstacles to Competitive Production and Improving the Country's Financial System, the Interference Removal Commission was established at the province level . Article 9 of the law on increasing the productivity of the agricultural and natural resources sector also stipulates the duty of the mentioned ministry to establish the ownership of the government and obtain ownership documents in the name of the government on national resources and favorable and state lands, respecting the privacy of the villages and removing the interference caused by the implementation of the regulations. It is parallel until the end of the fifth five-year plan of economic development. Although the cases mentioned in determining the jurisdiction of the said commission have been clear, with the description of the multitude of laws and regulations governing government lands, there have been doubts about the scope of the jurisdiction of the said commission. An example of these doubts is reflected in the disagreement of the branches of the Supreme Court of the country on the authority of the commission to enter into the case of expropriation .......
Keywords
Expropriation
National lands
the law on removing barriers to competitive production
jurisdiction