Legal Challenges of the Organization for the Collection and Sale of Illegal Property

Document Type : Research Paper

Authors

1 Ph.D. student in private law, Faculty of Theology, Meibod University, Iran

2 , Assistant Professor, Department of Law, Faculty of Theology, Maybod University, Iran

3 Associate Professor of yasouj University

4 Assistant Professor, Department of Law, Faculty of Theology, Maybod University, Iran

5 meybod uni

10.22099/jls.2023.47565.4959

Abstract

The organization tasked with collecting and selling illegal property has encountered several legal challenges, such as:

Legal loopholes that hinder the ability to claim damages for negligence
Extended legal deadlines for determining property ownership
The multiplicity of possessions and the parallel work of similar institutions
A lack of guarantee for efficient execution and timely fulfillment of obligations
Insufficient interaction between government organizations

 




 




These unresolved challenges have had significant consequences for the organization's material and legal possessions of illegal property, including:

Violations of property rights due to improper transportation, storage, or disposal
Delays in fulfilling obligations
Disruptions in the process of assigning illegal property
Increased violations and omissions in securing government property rights
Numerous lawsuits
Financial losses
Confusion among businesses
Loss of economic order and security

 
This article aims to address the following questions:

What are the legal challenges faced by the organization for the collection and sale of illegal property?
How can these challenges be addressed through legal solutions?

 
The research methodology employed in this study is practical, objective-based, and qualitative, using content analysis. Information was gathered through library research and field interviews with experts, using a descriptive-analytical approach. The findings of the research reveal that the challenges and solutions can be categorized into three areas: legal, judicial, and executive.
 
Legal challenges include:

Insufficient rules for claiming property damages and determining performance guarantees
Lack of timely prevention of violations and omissions

 
Executive challenges include:

The organization's extensive scope of obligations and possessions
Parallel work of similar organizations
Increase in contraband and prohibited goods
Cultural and educational gaps

 
Judicial and regulatory challenges include:

Delays in court proceedings related to property assignment
Weak performance of inspection and supervisory institutions
Increased judicial cases
The complexity and specific characteristics of crimes related to seized property

 
The organization's establishment law, anti-smuggling law, and customs law have caused confusion for officials, owners, and businesses. The lack of clarity in judicial opinions and the assignment of possessions has also hindered the organization's efficiency. Multiple obligations and the failure to prevent illegal possessions have not only violated the government's property rights but have also significantly impacted the organization's timely performance of its legal duties. This has led to violations and omissions, damage to private property, and disruptions in economic order.
Proposed solutions include:

Comprehensive amendments to the organization's establishment law
Creation of specialized courts
Establishment of online communication systems between relevant organizations
Training classes and research support
Increased communication with scientific authorities

 
If the organization becomes a member of the anti-trafficking headquarters, the process of determining property ownership can be facilitated, and the volume of prohibited and smuggled goods can be reduced.
 
Innovations of this article compared to previous research include:

Providing legal, judicial, and executive solutions to address the organization's challenges
Categorizing executive restrictions to ensure timely fulfillment of legal obligations
Suggesting guarantees for more efficient execution to prevent and resolve violations
Identifying new areas for future research

 
The research findings demonstrate that while the establishment of the organization has centralized the collection, storage, and sale of seized property, unresolved challenges, such as the dependence on final judicial rulings for property assignment, have disrupted the process in some port cities. The most significant legal challenges faced by the organization in the third decade since its establishment include:

The growth of contraband, counterfeit, and prohibited goods
Managers' abuse of legal ambiguities
Increase in violations and economic crimes
Improper storage of property
Spoilage of goods

 
To prevent further challenges and ensure timely fulfillment of obligations, vague and numerous rules should be removed or modified, the organization's duties and powers should be consolidated in a single law, and clear criteria should be determined for various assumptions of its possessions. By addressing these challenges, financial losses to the government, owners, and merchants can be prevented.

Keywords

Main Subjects

References

Ansari, M. (2009). Al-Musua al-Fiqhiyyah al-Misrah. volume 9, Qom: Majmaal al-Fikr al-Islami. ]In Arabic[.
Aqhaei Touq, M. and Lotfi, H. (2017). Immunity From Seizure of Public Properties in Iran; A Critical and Comparative Approach. Public Law Researsh, 19(56), 84-108. Doi: 10.22054/qjpl.2017.12522.1299. ]In Persian[.
Arianpour, M. (2020). Arianpour Dictionary.14Th Edition, Tehran: Amin Jahan Computer Publications. ]In Persian[.
Ashrafi Sarai, R. (2011). Obstacles to Seizing Financial Rights in Iranian law, Master Thesis. Tabriz: University Tabriz. ]In Persian[.
Bahrami, S. (2012). Plates of Collusion and Corruption in Tenders and Strategies to Counter It. Detective Magazine, 22, 132-145. ]In Persian[.
Bahrul Uloom, M. (1982). Balghehal-Faqhiyyah. Volume 1, Tehran: Maktaba Al-Sadiq. ]In Arabic[.
Bilali, I. and Farmarzi, D. (2001). Theoretical Study of the Issue of Administrative Corruption. Judicial Law Journal, 65(37), 37-8. ]In Persian[.
Daneshwar, F. (2021). Collusion and Collusion In Government Tenders and Auctions and Prevention Of Financial Corruption In Government Transactions, Master's Thesis, Yazd: Islamic Azad University of Taft. ]In Persian[.
Dehkhoda, A. (2011). Dehkhoda Dictionary. Tehran: Tehran University Press. ]In Persian[.
Del Pasand, K., Turkmannejad, Sh. and Noorian, M. (2019). Conflict of Interests and lack of Transparency As Corruption in the Health System, Legal Thought, 1(3). 31-39. ]In Persian[.
Delir, H. (2011). Confiscation Rights. Tehran: Mizan. ]In Persian[.
Emami Qashlaq, M. and Watan Feda Kehriz, M. (2022). Challenges, Ambiguities and Summaries of Bidding and Auction laws. Journal of Islamic Economics and Banking, 11(4), 317-336. ]In Persian[.
Emami, H. (1955). Civil Rights. Volume 1, Fifth Edition, Tehran: Islamia. ]In Persian[.
Farzaneh, M. (2018). The loopholes of the Islamic Penal Code Approved in 2013 in the Area of Authority of the Ruler. Master's Thesis, Yazd: Meybod University. ]In Persian[.
Ghasemi, D. and Zikriarii, R. (2012). Buying and Selling Government and Public Property, Tehran: Mizan. ]In Persian[.
Haghighi, M., Abdi, S., Arabian, A. and Jalali, M. (2017). Legal Challenges of the Supervision of the Court of Accounts of the Country in Dealing With Financial Corruption and Crimes Arising From It In Executive Bodies. Private and Criminal Law Research, 14(38), 11- 34. ]In Persian[.
Hali, H. (1992). The Rules of al-Ahkam in the knowledge of al-Hilal and al-Haram. volume 2, Qom: Islamic Publications Office. ]In Arabic[.
Handi, A. (2006). Study on the Extension of the Provisions of Article 139 of the Constitution to the Property of State Companies. Judiciary Law Journal, 71(61), 63-86.  Doi:110.22106/jlj.2007.1130.  ]In Persian[.
Hassan Raisi, M. and Khalili, R. (2018). Pathology of New legislative Policies to Fight Against Goods Smuggling in the law Against Goods Smuggling Approved on 10 / 03 / 2013, Legal Research Journal, 18(37), 167-187. ]In Persian[.
Hosseini, S.‌ (2018). Iran's Criminal Policy In Dealing With Unauthorized Interference In Government Transactions, Master Thesis.Yazd: Islamic Azad University Of Taft. ]In Persian[.
 Ibn Manzoor, M. (1984). The Language of the Arabs. Volume 11, Qom:Adab Hoza Publishing House. ]In Arabic[.
Imani, A. (2010). Dictionary of Criminal Law Terms. Tehran:Arian Publishing House. ]In Persian[.
ISNA News Agency (2021). The Situation of Sedimented Goods in the Warehouses of the Property Organization Is Not Suitable, (View Date 03 / 20 / 2022) In:  https://www.isna.ir/news/1400112241402. ]In Persian[.
Jafari Langroudi, M.‌ (2008). Al Maduna. First Edition, Tehran: Ganj and Danesh. ]In Persian[.
Jafari Langroudi, M. (2009). Intermediate in legal Terminology. Second Edition, Tehran: Ganj and Danesh Library. ]In Persian[.
Kamiyar, Gh. (2017). Administrative Rights of Expropriated Property Due to Public Interest, Tehran: Majd. ]In Persian[.
Karimi, M. (2019). Criminal Policy of Iran In the Area of Production and Distribution of Unhealthy and Non-Standard Food With Emphasis On Islamic Jurisprudence. Legal Thought, 1(1), 56-63. ]In Persian[.
Katouzian, N. (1999). Introductory Course on Property and Ownership Civil Rights. Second Edition, Tehran: Mizan. ]In Persian[.
Khalifa Shushtri, M. (2011). Legal Possessions Contrary To the Right Of Choice, Master's Thesis. Qom: University Qom. ]In Persian[.
Khodaian Chegani, Z. (2013). Comparative Study of French and Iranian Criminal Justice System Institutions In Dealing With Economic Crimes, Legal Studies Quarterly, 4, 31-58. Doi: 10.22099/jls.2013.1130. ]In Persian[.
Mashreq News (2021). 25 Billion of Consumer Goods are Undecided in the Property of Bushehr, (View Date 11/16/2021) In: mshrgh.ir/1295994. ]In Persian[.
Mashreq News (2021). The Remaining Goods in the Warehouses of the Organization Must Be Assigned As Soon As Possible (Observation Date 17/11/2021) In:  mshrgh.ir/1296707. ]In Persian[.
Masoumi, M. (2007). Social Prevention of Corruption. Judiciary Legal Journal, 71, 25-46, Doi:22106/ jlj.2007.11299. ]In Persian[.
MenatiNezhad, S. (2006). Methods and Contexts of Collusion In Government Transactions. Judiciary Law Journal, 71(61), 47-62. Doi:10.22106/jlj.2007.11300. ]In Persian[.
Mizan News Agency (2021). Reading the law of the Head of the Judiciary and Examining the Performance and Omissions of the Responsible Institutions, (View Date 12 / 20 / 2021) In: htpps://www.mizan. news/fa/news/773278. ]In Persian[.
Mohaghegh Damad, M. (2011). Jurisprudence Rules of the Civil Sector. Volume 1, Tehran: Islamic Sciences Publishing Center. ]In Persian[.
Mohammadi, H. (2018). Confiscation, Seizure Restitution and Extortion of Properties resulting from crime. Tehran: Ganj Danesh. ]In Persian[.
Najafi, A. and Nasr Esfahani, M. (2022). Remedial Approach to Personality Case in Criminal Procedure, Legal Thought, 3(9), Online Publication. ]In Persian[.
Online Economics (2021). Golan, Fake Brands and Smuggling in the Cigarette Market, (View Date 30/03/2021) In: https://www.eghtesadonline.com/n/2d9].In Persian[.
Ragheb Esfahani, H. (1995). The vocabulary of Quran. volume 1, Beirut: Dar al-Alam. ]In Arabic[.
Rasouli Jazi, S. (2018). Government's Civil Responsibility in Cultural Affairs, Master's Thesis, Yazd: Meybod University. ]In Persian[.
Safai, H.‌ (2006). Introductory Course of Civil Rights (Property and Persons). Volume 1, Fifth Edition, Tehran: Mizan. ]In Persian[.
Sahilizadegan, R. (2019). Legal and Theoretical Challenges of the Criminal liability of Managers In Not Reporting the Crime of Employees. Master's Thesis, Hormozgan: Islamic Azad University of Bandar Lange. ]In Persian[.
Salari, M. (2011). Acquisition and Ownership of Land by the Government, Tehran: Dadgstar. ]In Persian[.
Salimi, B. (2016). Legal Nature and legal Status of Customs Brokerage in Iran, Master's Thesis, Tehran: Allameh Tabatabai University. ]In Persian[.
Shams, A. and Ghafouri Asl, Gh. (2018). Identification of Persons and Executive Documents Subject To the law on Payment of Convicts To the Government and Non-Provision and Confiscation of State Property approved in 1986. Legal Studies Quarterly, 11(4), 221-195. Doi: 10.22099/jls.2019.5581. ]In Persian[.
Soltani Fard, H, Malmir, M. and Aalipour, H. (2017). Procedures of Economic Crimes; The link between Content and Form, Legal Studies Quarterly, 10(3), 159-194.  Doi: 10.22099/jls.2018.26990.2609. ]In Persian[.
Talebian, H. (2012). Examination of the Types of Economic Crime Organization, Karagah Magazine, 22, 111-95.  ]In Persian[.
Tasnim News Agency (2021). There Were Doubts About the Order To Dismiss a Manager of the Property Organization, Because of the Contaminated Corns, (View Date 03 / 19 / 2022) In: https://www.tasnimnews.com/fa/news/1401/01/19/2691698. ]In Persian[.
Tasnim News Agency (2022). 18% Growth of Smuggling Detections in the Field of Cosmetics and Health Products, (Observation Date 02 / 25 / 2023) In: https://www.tasnimnews.com/fa/news/1401/11/25/2853630. ]In Persian[.
Tasnim News Agency (2022). The Concern of the Food and Drug Organization about Counterfeit Cosmetics, (View Date 25 / 02 / 2023) In: https://www.tasnimnews.com/fa/news/1401/11/25/2853430. ]In Persian[.
Zarei, M. (2007). Judicial Security As a Right, Majlis and Strategy Quarterly, No. 56. ]In Persian[.
Zargosh, M. (2021). Administrative Rights of Property Acquisition, Quasi-Acquisitions and Expropriation of Funds by the Government. Tehran: Mizan. ]In Persian[.
Journal of Legal Studies
Volume 16, Issue 3 - Serial Number 53
October 2024
Pages 391-424

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