عنوان مقاله [English]
According to its 2030 Sustainable Development Plan, the United Nations It has stated that eradicating poverty and alleviating hunger is one of the main objectives of the UN Sustainable Development Plan 2030 (and even in the Paris Environmental and Climate Change Plans (2015) and the FAO World Plan 2030-2050. Natural and biological resources and the development of agricultural programs and protection of agricultural lands have been emphasized (Alexander and Bruinsma, 2012), but the decision-making approach and legislation and resource management have been left to the member states, which makes Iran , Not only in order to achieve those international programs and documents, but also in order to achieve the goals of sustainable development and non-migration of villagers to cities and maintain the growth of agricultural production in parallel with the population growth of the country, more seriously review their current laws To address the weaknesses and legal challenges, to apply unbridled unauthorized land use change, even in the best agricultural lands, to control and manage more properly, because annually, on average, 14.2 million hectares of Iran's agricultural lands are cultivated with agricultural and horticultural products. River that maintains this level of cultivation and prevents Unauthorized land use change requires purposeful and serious laws and programs (Ghanbari, 1398). Studies show that the process of land use change in agricultural, garden and forest lands has intensified. For example, in the city of Rasht, based on satellite image information from 1382 to 1392, equivalent to 35042 hectares of agricultural land, which is the most prone land in the city and 4832 hectares of forests and pastures have changed land use (Kalli Moghadam, 2016). Factors affecting this change of use in the form of economic variables (high cost of agricultural inputs, low prices of agricultural products and ... (, social) illiteracy and low literacy of farmers, lack of specialization and ... (, natural) soil erosion and .. On the other hand, according to the law, the authority to identify agricultural lands and gardens is the Ministry of Jihad Agriculture, and the judicial and administrative authorities will be obliged to observe the opinion of the organization. Large agricultural lands and from the perspective of food security, self-sufficiency and sustainable employment of rural communities, social, cultural and economic consequences are very important: industrial pressure, tourism, water shortage crisis and reduced soil fertility and agricultural productivity, changing rural lifestyles Weak restraint laws and corruption make it more difficult to protect agricultural land.People's economic problems, low income, lack of financial support, uneconomical agricultural activities, rising agricultural costs, false rise in land prices, housing, rising living costs And the problems related to the sale of products are important economic factors of land use change Settlement and development pressure, irregular exploitation, incorrect changes in land use and human encroachment on agricultural fields, day by day disrupts the balance of life (Droudian, 1396.) Challenges of land use change in the cultivation of strategic crops that employ a lot Like wheat and barley, it is more severe and irreparable in the western provinces, which are the target of the rainfed agricultural economy. Today, in addition to farmers' livelihood problems; Also, the existence of a large number of non-native applicants, especially residents of the center, to have recreational gardens, unfortunately, we are witnessing the fragmentation and sale of agricultural land (Marzooqi, 2003). In general, these factors can be divided into three groups (Asgarkhani, 2016:) Legal factors - demographic factors - economic factors.
Therefore, increasing the price and stock market of land and housing; Low yield of agricultural and horticultural lands and growth of commercial and health sectors, on the other hand, urban development and urban planning for various uses and the integration of agricultural areas and urban space into urban areas and rural master plans, the need for proportionality among the population Fixes the constant and the passenger in the form of quantitative and qualitative criteria by the responsible agencies (Ebrahimzadeh, 2010); Therefore, the legal basis of the right to food, to prevent those events, was first included in Article 11 of the International Covenant on Economic, Social and Cultural Rights in 1966 to emphasize its importance (Ismail Nasab, 2016: 2) and at the level of Domestic, we should not underestimate the importance of unauthorized change of use and reform of domestic laws in order to prevent endangering the food security of the Iranian people, which we will examine below. The legal challenges of the Land Use Protection Law in the implementation of the criminal declaration and the investigation of the new Criminal Procedure Code, with the aim of operationalizing public participation, have recognized the prosecution of public litigation in specific hands of crimes by these organizations. Although in the text of the law, these organizations are mentioned as declaring the crime, but they have been given extensive powers such as giving reasons and objecting to the votes issued. Perhaps it can be said that according to the powers of the "plaintiff", mentioning the title of the plaintiff and the declarant of the crime is considered simultaneous. If the private interests of legal entities or these associations are harmed, according to the same conditions, natural persons can file lawsuits, but the issue that has been neglected in this law is how to oversee the activities of these organizations (Kushki, 2013 ).
The lack of a clear trustee to deal with illegal construction violations and the lack of heavy equipment required are among the problems that have caused many of the rulings issued for the demolition of illegal buildings in villages and summer areas outside the urban area to remain on paper. There are unauthorized constructions in national arenas and lands owned by individuals who identify violations
In the natural field, natural resources are in charge, and in the lands of individuals, agricultural jihad is entrusted. For many years, there has been a difference between the various executive departments regarding the appointment of the management in charge of preventing and dealing with unauthorized constructions in the urban area and the village area, and the pure and new areas and the river area outside the village, etc. At one time, this area was under the supervision of the district and the Article 99 Commission, and at another time under the supervision of the Municipality and the Article 100 Commission. Do not cooperate in this area. There has even been a request for the purchase of heavy machinery by the Agricultural Jihad, for which no budget has been provided so far. On the other hand, many construction companies are in the area of roads or rivers with agricultural and garden uses, which are in charge of this section of roads and urban development or the regional water company that must deal with them. Not only is there a dispute over jurisdiction between the various agencies, but the more important category of prevention is the missing link in dealing with unauthorized construction, because many unauthorized buildings were built in a period of time that, if the necessary monitoring and prevention had been applied, We did not see the mushrooming of subsequent villas and more in agricultural fields and gardens, because according to Article 10 of the Law on Preservation of Land Use in Farms and Gardens, everyone must obtain a permit from the Agricultural Jihad to build a building on their land, otherwise illegal action and crime. Is. In the absence of preventive measures, the difficult solution is to pursue and enforce judicial rulings.
The Law on Conservation of Agricultural and Horticultural Lands is the most important legal tool for the protection of agricultural lands, but Note 5 of this law states as strange remarks that "lands within the legal limits of villages with approved master plans are subject to the guidelines of the master plan and all prescribed criteria "They are an exception to this rule." In fact, the power of this comment is more than the principle of law and the most land use changes are created within the lands of the master plan and this plan creates corruption and rent which sometimes landowners by paying bribes and bribing agents to revise the master plan has been effective in designing the village texture. And the planning of the village is determined not on the basis of its ecological and demographic potential, but on the basis of the power and influence of the landowners. In designing and revising the master plan, increasing the master plan should not cause the expansion of the village development into agricultural lands, which unfortunately is never considered by the consultants and executors of the master plan (Droudian, 1396.)