نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
This research, focusing on the nature of the rangeland grazing license and critically examining Judgment No. 140307390003559762 issued by Branch 8 of the General Court of Law of Ardabil and Judgment No. 140031390002929586 rendered by Branch 6 of the Court of Administrative Justice, seeks to elucidate the relationship between administrative law and private law in the utilization of rangelands. The central thesis of the article posits that the rangeland grazing license possesses the nature of a financial right with special characteristics. This financial right is personal to the holder, is non-hereditary, and during the period of rangeland use, grants to the license holder only an exclusive right to graze livestock, within the limits of the number of animals determined by the state. However, should the rangeland be incorporated into development projects, this specific financial right is consequently converted into cash. The General Court of Law is required to independently ascertain the nature of the rangeland grazing license and cannot, in this regard, rely upon the decisions or rulings of the branches of the Court of Administrative Justice. Accordingly, employing a descriptive-analytical method and utilizing library-based data, while also considering judicial practice, this study endeavors to provide an appropriate approach for adjudicating similar lawsuits. The existence of public law dimensions inherent in the rangeland grazing license, coupled with the country's specific climatic and rangeland conditions, justifies the heightened importance of addressing this subject matter.
کلیدواژهها English