Deterrent management guarantees to control agricultural exploitation | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 8, Volume 12, Issue: 1 part 1, March 2022, Pages 208-239 PDF (1.16 M) | ||
| DOI: 10.37651/aujlps.2023.177045 | ||
| Authors | ||
| Saleh Abd Aaied Saleh; ali Mukhlif Hammad | ||
| Abstract | ||
| Research problem: The research problem revolves around what are the deterrent means available to the administration in ensuring the implementation of laws and systems regulating agricultural exploitation and respect for their rules, deterring violations that occur in violation of the provisions of those legislation, and the legitimacy of the administration’s specialization in inflicting deterrent administrative penalties. The importance of the research: The importance of this topic stems from the importance of preserving agricultural exploitation as agricultural land and yields, for the purpose of achieving food security, which is one of the most important factors for maintaining public order in society, achieving food security to preserve public health and the environment, as well as its importance In achieving public tranquility and economic development. Research Methodology: In this research, we followed the analytical approach, by analyzing the legal texts related to the problem in agricultural legislation in Iraq, and showing their adequacy to address the study problem through the deterrent measures included in it that the administration can use. The results and solutions that resulted from the research: Through our research on the subject, it was found that the administration is allowed to resort to direct forced execution to ensure the implementation of laws and regulations related to agricultural exploitation in the event of a violation of their provisions by professionals in agricultural activity, or their abstention from implementing the decisions it issues in this regard. It has the right to stop the implementation of the violating actions, restore the situation to what it was and remove the violations through the administrative way, and it has the right to impose financial administrative penalties on violators, such as imposing financial fines and administrative confiscation, as well as non-financial penalties such as issuing a warning and withdrawing the license granted to practice a specific activity, and it also has the right to discipline specialized employees in the event of their violation to their job duties in accordance with the provisions of the legislation, but the administration does not impose freedom-depriving penalties even if it is stipulated in agricultural legislation; Because it violates the provisions of the Constitution in force. | ||
| Keywords | ||
| administrative control; agricultural exploitation; direct execution; administrative sanctions | ||
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