نوع مقاله : مقاله پژوهشی
تازه های تحقیق
عنوان مقاله English
نویسندگان English
Based on research conducted in judicial cases and the legislator's emphasis in accordance with Article 2 of the 1390 Amended Mines Law, which assigns the responsibility for preserving mineral reserves and issuing mining activity permits as stipulated in this law to the Ministry of Industry, Mines and Trade as a legal obligation, in recent years, the boundaries and beds of rivers have been destroyed due to the lack of supervision over sand and gravel extraction permits, contrary to the provisions of Article 13 of the aforementioned law.
Objective observations indicate that the daily extraction of several thousand tons of raw sand and gravel from the riverbeds and riverbanks, which are also considered environmentally protected areas in addition to being owned by the government, is illegal, and the actions taken under the guise of environmental destruction are subject to criminal prosecution.
The role of the relevant managers in the amount of damages incurred as a result of the omission is taken into account and, based on Article 598 of the Islamic Penal Code (Penalty Section), is subject to investigation, criminal prosecution, and a judgment is issued to convict the relevant manager or managers to compensate for the damages incurred. The effective role of Anfal in the economy is unforgettable.
In civil law, Anfal refers to public property or assets, and some jurists consider mines to be part of Anfal and belong to the Islamic government. The prosecutor plays an important role in protecting Anfal, and in the face of unauthorized or excessive withdrawals, he is required to monitor the implementation of Article 2, Paragraph 3, of the Public Rights Monitoring and Pursuit Guidelines approved in 1397, and to declare a crime if a crime occurs.
According to the law, the Department of Sedition is the authority for issuing temporary withdrawals and must take all supervisory and preventive measures to prevent the waste of the treasury. In this research, an attempt has been made to predict and present effective solutions by using a descriptive-analytical method, in addition to preventing a situation that is a form of criminology, by studying the laws and the role of the prosecutor in supervising the management and protection of river beds, mines, and the preservation of the Anfal.
کلیدواژهها English