In The Name Of God
A brief review and explanation of Article 27 of the Law on Building Engineering and Control System and Article 32 of the Law on the Establishment of the Agricultural and Natural Resources Organization of the Islamic Republic of Iran
By: Kioumars Sepehri
According to the existing regulations and principles that have governed administrative-legal relations for many years in the use of expert services (of course, expertise means judicial expertise), departments, organizations, institutions, ministries and public and governmental and quasi-governmental authorities, in short, executive bodies. In general, in terms of administrative rights, they are responsible for public services. In matters where they need an expert, they have always been obliged to use official experts, and in case of need, if there was no official expert in the relevant field and technique, they could exceptionally use local reporters. In this regard, Article 29
Recently, the legislature of the Islamic Republic of Iran has in many cases shown great interest in parallel work and the establishment of similar institutions. Is). One of these cases is Article 27 of the Law on Engineering and Building Control System, approved in March 1995. The article states: "Ministries, government agencies, institutions, military and law enforcement forces, state-owned companies and municipalities may, in the referral of expert matters, comply with a special regulation approved by the Joint Proposal of the Ministry of Housing and Urban Development and the Ministry of Justice." Instead of the official experts of the Ministry of Justice, the ministers should use engineers with employment licenses who are introduced by the provincial organization.
It is observed that the executive bodies that can use this material are very large and may not reach the percentage of executive bodies.
A few points are noteworthy in this regard: First, this article does not give such authority to the judicial authorities, and courts and tribunals can still only use official experts in accordance with the provisions of the Code of Civil Procedure and the Revolution in Civil Matters (adopted in 2000). Another point is that the use of engineers with employment licenses for the agencies subject to Article is optional to use their expert services and not mandatory, i.e. they are allowed to use these engineers or official forensic experts. Of course, according to the custom and procedure of the ruler, they generally invite official experts to meet the needs of experts, not engineers with employment licenses from the Building Engineering System Organization, which also has reasons that will be mentioned later.
In the implementation of the same article, its executive regulations, under the title of "executive regulations of Article 27 of the Law on Engineering System and Building Control", have been approved by the Council of Ministers in nine articles on November 24, 2000. In this regulation, how to request an expert and how to introduce them, which will be by the Engineering Organization, and not having the right to refer directly to engineers with employment licenses and fees, which is based on official experts' wage tariffs, and the need to transfer it to the Engineering System Organization The allocation of five percent of it as the organization's share, as well as sending the theory to the organization and its delivery by the organization, has been referred to the requesting authority and the rejection of engineers with employment licenses and other cases.
The Law on the Establishment of the Agricultural Engineering and Natural Resources Organization of the Islamic Republic of Iran (approved by the Islamic Consultative Assembly on 3/4/1380) also provides for the establishment of a similar article. In this law, we read as described in Article 32: “Ministries, government institutions, institutions, judicial authorities, Organizational forces and government companies can refer to the Ministry of Jihad Agriculture and the Ministry of Justice in the referral of expert affairs by observing a special regulation approved by the joint proposal of the Ministry of Justice, instead of the official experts of the Ministry of Justice. "They can use it."
The slight difference between this article and the previous Article 27 is that in the recent law it also refers to judicial authorities and in this regard, users of licensed engineers from the Agricultural Engineering and Natural Resources Organization can be much higher. However, in this law, there is no mention of municipalities and military forces, and for this reason, some executive bodies have been excluded from it.
The slight difference between this article and the previous Article 27 is that in the recent law it also refers to judicial authorities and in this regard, users of licensed engineers from the Agricultural Engineering and Natural Resources Organization can be much higher. However, in this law, there is no mention of municipalities and military forces, and for this reason, some executive bodies have been excluded from it.
In order to implement this article, its by-laws have recently been approved by the Council of Ministers on November 25, 2004 which, except in a few points, has similar provisions to the bylaws of Article 27 of the Law on Engineering and Building Control. Article 7 of this regulation stipulates: “Requesting authorities or qualified experts are not allowed to pay fees to agricultural experts (engineers with employment licenses) and are obliged to deposit the relevant fees into the provincial court's deposit account after Receipt of the opinion of the expert or experts, the fee should be paid to the expert according to the tariff of the experts' association and after deduction of tax and legal percentage of the relevant organization "and Article 8 of the regulation states: How the expert or experts subject to this law! (2) If they commit a violation, in addition to pursuing the violation through the Disciplinary Initial Board [subject to Article 30 of the Law on the Establishment of the Agricultural Engineering System (3)], it will be reported to the Center for Official Experts of Justice for legal action. While it is not clear what the legal action of the Center for Official Experts is and what is necessary in principle, it may be intended to keep the record of the expert (who may also be an official) in the relevant center or to record records for use at the time of application. Formal expertise should be provided by the said person and may also refer to the prosecution of the expert member of the law, which cannot be logical, because any disciplinary violation should not be prosecuted more than once.
And it is in the implementation of this legislative policy that Article 18 of the Law on Official Experts, approved by the Islamic Consultative Assembly on April 7, 2002 stipulates: In all cases where expertise is required, except in the case of current laws and regulations, otherwise for the Ministry Government agencies, public companies, non-governmental public institutions and other government agencies that are required by law to be named or explicitly named, or those that are subject to special laws and regulations, must be referred to in this article. Use the presence of official experts.
However, it is not clear what was necessary for the passage of Articles 27 and 32 of the above-mentioned laws, and it is worth considering, at least in the following respects:
(2) The reference to the law is not correct, but the regulation is correct.
(3) Part of the title of the law has been omitted and its full title is: "Law on the Establishment of the Agricultural Engineering System and Natural Resources of the Islamic Republic of Iran".
First of all, the official experts, considering the conditions for participating in entrance exams (at least five years of work experience after obtaining a degree) and success in it, and the age conditions and the internship and employment course and performing expert work in the judiciary, etc. They are generally more experienced than engineers subject to the engineering system. Of course, this is a principle and there may be exceptions.
Secondly, in terms of observance of trust and honesty (trustworthiness) and moral competence, in the case of official experts, it has already been reviewed and approved by the relevant authorities. Or at least for all of them, these studies have not been done. Of course, it should not be assumed that, God forbid, it means that those respected experts do not have these qualities, but rather that such an examination has not been made about them.
Thirdly, in terms of wages, they have the same tariff, so in this regard, there is no advantage for the executive bodies.
Fourth, official experts are generally more in control and protected than engineers subject to the engineering system in carrying out their duties professionally and professionally. This is not the case.
Fifth, in the fields of "building and construction" and "agriculture and natural resources", which are the oldest fields of expertise in Iran, there has been a sufficient number of experts in recent years, and there is no limit in this regard.
Therefore, according to the above and other considerations, it seems that there is no strong justification for the approval of these regulations, and it would be advisable for the executive bodies to use official experts in their expertise and in practice often do the same. It is worth mentioning that the discussion of experts on the subject of Article 187 of the Law on the Third Five-Year Plan of Economic, Social and Cultural Development of the country is another matter that requires an independent discussion.