نوع مقاله : مقاله پژوهشی
1 بخش تحقیقات آبخیزداری و بهره وری از آب و خاک، مرکز تحقیقات و آموزش کشاورزی و منابع طبیعی استان تهران، سازمان تحقیقات، آموزش و ترویج
2 دانش آموخته کارشناسی ارشد حقوق دانشگاه تهران -معاون سابق سازمان جنگلها و مراتع کشور
عنوان مقاله [English]
The experts in various fields consider the legal shortcomings as a factor in illegal obtaining of forests and rangelands (National Lands) in Iran. Therefore, it was necessary to analyze the shortcomings and problems of the law acts and regulations related to the forests and rangelands in a scientific framework. These questions were raised which of the forest and rangeland-related acts and regulations are in shortcoming and problem? And which acts and regulations of other sectors conflict with the protection of National Lands? In order to answer these questions, a research study was conducted using the Delphi method, which is based on a survey of experts. According to the results of the research, 19 acts and regulations on the illegal acquisition of forests and rangelands areas have problems and shortcomings. “The Organization, Duties and Selection of Islamic Councils of the State and the Choice of Mayors act (1996)” was voted as the most problematic law act in the field of forest and rangeland conservation. Some reasons for the problems of acts and regulations were mentioned as the ignorance of Natural Resources Management organizations in some of the allocations and their failure to inquire, the disruption of nationality of forests and rangelands, the non-deterrence of penalties for certain acts because of the low amount of penalties, the permission to carry out illegal construction in the forests and rangelands, the establishing conditions that facilitate the free allocation of forests and rangelands, and facilitate the National Lands documents issuance in the name of persons. Finally, a number of law acts and regulations in the country regarding the maintenance of forests and rangelands are in shortcomings and problems that need to be amended or revoked.