it is already known, but all these centers suffer from a severe lack of medical facilities and drugs, which aggravates the suffering of patients. the importance of elections in electing a strong parliament is the key, it is in the hands of the people, iranian coach sharaf iran has a telegram with me. we don't agree. we are higher than anyone else . today wherever we are, we are higher tomorrow.

in the name of god, greetings, politeness, respect, and service to each and every one of you , dear and respected viewers, especially the higher election program of the leader of the revolution, in their recent meetings, they themselves called the real competition one of the important pillars of the election, in the sense that the field for the presence of different political, economic, and cultural viewpoints should be open so that everyone with these various viewpoints can have a real competition in the big election race and register an active presence in this field. one of the topics that experts have been arguing about recently is the separation of the country's property and document registration organization from the judiciary and its transfer to the government. what was approved by the parliament members in the seventh program and the proposal of the parliament was to transfer this organization from the judiciary to the government, specifically to the ministry of justice . it had supporters and opponents. in this respect the opponents say this ministry of justice and.

it is specified in the constitution, naturally, it cannot accept this organization. those who agree say that the transfer of an executive organization from the judicial branch, which has a judicial nature, to an organization to a ministry to a ministry in the government, can make this organization more flexible and agile. make it and provide better services, the topic of our debate tonight is between the supporters and opponents of this separation and we will talk with them. thank you for being with the debate. well, here in our studio mr. keshavarz, the deputy spokesperson of the country's land registry organization, is also present as an opponent. the separation of this organization from the judiciary and also mr. najarzadeh, a researcher and member of the scientific faculty of the university of science and culture, as a supporter of this separation , i would like to start with mr. najarzadeh and the question , mr. najarzadeh, basically, why do you agree that this organization is part of the judiciary ? be separated

you're welcome. in the name and memory of god, greetings and have a good time, dear viewers, respected colleagues of the good program above, and mr. dr. keshavarz. i am very happy to be at your service. i hope you had a good time and i hope tonight's program is useful. in the end, whatever the result will be for the benefit of the people of our nation. let me say now , i think it would be more appropriate if mr. keshavarz starts the discussion because of his appearance and because he is actually against the current situation , i think it would be more appropriate if we start with him. very well, mr. keshavarz, please tell me why. the opponents basically want this organization to be transferred from the judiciary to the government, in the name of allah, the most merciful , the most merciful. greetings, politeness and respect, your excellency , your respected colleagues and all dear viewers, as well as

the service of your dear and powerful guest in connection with the discussion of the transfer of the document registration organization from the judiciary to the government, if we have a review of the past , the history of the establishment of the registration organization, as well as the regulations and laws that were approved after that, and the decisions that were made about the organization 10, we may have a review of this. you are aware of our discussion today, the first law of the document registration organization was approved in 1990, amendments were made to that law , and finally the law we are using now is the document and real estate registration law dated 131 26 march. it was implemented. if we have a look

at this law, we can see that it is actually equal to the article one, as well as other tasks , is defined for the organization, from the establishment of ownership for natural and legal persons, then in the continuation of the discussion of accreditation, the discussion of people's transaction contracts. commercial companies and non-commercial institutions, as well as the implementation of the provisions of official documents, each of which has an independent section and a regulation, and is being carried out until 1352

. in 1352, a bill was passed as a law to transform the general administration of deeds and real estate into the organization of deeds and real estate registration of the country. it was decided in 1352. from the date of approval of this law, the title of the general directorate of document registration will be changed to the country's document and real estate registration organization. note of the organization of documents and real estate registration of the affiliated country. it is to the ministry of justice and its head will hold the position of the deputy of the ministry of justice, and the ministry of justice will propose the organization and organizational positions of document registration to the country's employment agency affairs

organization for approval . from the vice-ministers of the ministry. the expansion and subdivision of the ministry of justice was specified and announced . next, we have the law of notary public offices which was approved in 1354. we had the law of 1316 with the amendments made in 1354. according to article 1 of this law, notary offices affiliated to the ministry were established. it is extensive and is formed for the preparation and registration of official documents according to the relevant regulations . all right. article two: the affairs of the notary public office are the responsibility of a person who, in accordance with the provisions of this law

, is called a notary public in compliance with the provisions of this law, according to the proposal of the country's document and real estate registration organization, after seeking the advisory opinion of the notaries association, and according to the notification of the minister of justice, that is, in the registration law of the documents and the law of the offices explicitly state that the organization and the ministry the task of the judiciary is to express and announce it. thank you very much. so you say that it is mentioned in the law and it should be there. mr. najarzadeh , listen to your opinion. i will give you the reasons for your opposition . i would like to answer and pay attention to this important point that, in any case, the reform of the judiciary as a refuge and shelter for the people is a very vital and important issue, and it requires that a thorough expert be carried out in this direction, and then we will deal with whether this organization or organization similar cases that are under the supervision of the judiciary

so let me state the importance of the matter at the beginning, that i think there is no difference of opinion about its importance and the necessity of expertise , but oh well. mr. doctor brought up the discussion of history, so far as you have said and i have also seen this history, i think this history actually proves that the real estate registration organization should be defined in the ministry of justice, or should it remain in the history that you you mentioned that from 1290 , the ministry of justice was later defined in the same way, in fact, it is the real position of the real estate registration organization.

temporary duties of the ministry of justice to a council of three and according to this bill, my title was now assigned to a person temporarily. and that three-member council was the attorney general, the president of the supreme court , and one real person was also present, and i think it didn't take three to four months after that, due to the formation of the supreme judicial council, the duties of this three-member supervisory council were assigned to the supreme judicial council was entrusted when our constitution was revised in 1368, exactly the same duties were entrusted to the head of the judiciary. now, the important point that i have in mind is that i have tried the same history that you were referring to

i finished it. but the basic point that i want to get into and from this point of view i will proceed with my whole discussion is this issue , what was the philosophy of the judiciary and what was it supposed to deal with , what is the main and inherent jurisdiction of the judiciary, this is the main question, if some let's go back to the classical literature on the establishment of the government and the structure of governments . we can see that when we talk about the key word called the separation of powers, there is less power called the judiciary in this literature. let's assume that john locke, as one of the great thinkers of the separation of powers , is on this point. it is emphasized that we have three faculties yes, there is an executive branch, there is a legislative branch, but the third branch is not called the judicial branch, it is called the federal branch. montesquieu, who is one of the main commentators of this literature, in describing

judicial function, says that judicial work is the same as law enforcement, only the enforcement of law in a special situation, in the name of settling lawsuits and resolving people's disputes, that's why montesquieu used an adjective "nothing" for the judiciary. he says that in my opinion, the function of the judiciary is not separate from the function of the executive branch. in the same way, kazal, in the same way, and many of the current and former jurists of our country they believe that judicial work is a form of law enforcement, so what was the reason that the judiciary became independent and today we know it as the third power, so the only reason is the importance of judicial work and the need to give independence to judges. this is the only philosophy, so we if we want to design the judiciary, i am here. if we want to define the judiciary, if we want to reform it, we must constantly

be careful about this issue and the principle that the judiciary should only deal with judicial work, and it will be in its own interest, and in my opinion , in the interest of other working branches of the organization. registration and executive work you know, yes, yes, from this point of view, now we will also review his duties. in the following, i will try to prove that this is not a judicial work. thank you, mr. keshavarz . i told you that according to the amendment that was created in the general administration to the registration organization in 1352 and note 1 and 2, it was specified that the minister of justice and the registration organization are both one of the deputies of the minister of justice and also in 1954 in document offices. officially, the same was emphasized again, and finally, the notification of the notary by the minister. it will be issued that is now assigned to the head of the organization, but in the future

as mentioned by mr. doctor , since the points are actually included in this, i see the need to state these . it was mentioned that since the supreme judicial council has officially started its work since the date of its establishment, all the duties that were assigned to the council under the supervision of the ministry of justice, i.e., the powers that the minister of justice had, according to the previous approval of the revolutionary council of the islamic republic of iran, have been assigned to the council. the date of approval of this bill is the responsibility of the supreme council judiciary is left except for the duties that are assigned to the minister of justice in the constitution, that is, there he came back and recognized this separation. the minister

specified his duties in article 160. he said that the rest belongs to the supreme judicial council, as he mentioned, in the following, with the powers and approval of the laws that then it happened, in 1371, the law on the powers and duties of the head of the judiciary was enacted again . from the date of approval of this law, all the duties and powers that are in various laws for the supreme judicial council. meant with the exception of the powers of the note under the single article of the law on the conditions for the appointment of judges approved in 1999, it is transferred to the head of the department, that is, i want to say that he introduced the rules of the basket and the rules of the offices of the registration organization to the minister of justice and one of the deputy

ministers of the minister of justice . which was defined by the constitution to be transferred to the supreme judicial council in 1371 , to transfer the same duties of the supreme judicial council to the honorable head of the judiciary in 1378, the parliament again passed a resolution with the title of article 1, which says that the head of the judiciary, mr. dr. duties and powers of the law. powers and duties of the head of the approved agency 1371, which i mentioned, has the duties and powers specified in this law as follows. one of them is proposing the annual budget of the judiciary and related organizations to the ministerial board. do you summarize? this is my width. in the law of sef and the law of offices, it says that the seb organization, one

of the vice-ministers of the minister of justice, the events that happened after the revolution. first, the duties of the minister became the ministerial council, then the council became the supreme judicial council , and then the supreme judicial council in 1371 and 1378. introducing mr. najarzadeh regarding the implementation of the registration organization, you would see me. first of all, in response to dr. keshavarz, i would like to say that the legislative records that you mentioned are all the legislative records of our normal legislature, even if these normal laws of ours indicate that these duties are assigned to the head of the judiciary or any other institution. it will not create an obstacle on

the way of this path if our legislator comes again and approves another law and tells this organization or any other organization to another institution. be transferred so the situation you described is that it does not create an obstacle in the way of our parliament, the parliament can take another decision and join any organization it wants. but back to my discussion. in my opinion, the main principle called the focus of the judiciary on judicial affairs is a fundamental principle in defining and organizing the jurisdiction and powers of the judiciary according to the same philosophical basis that i mentioned. this is an important principle. you see , we can see a trace of it in our constitution, in the article 61 of our constitution, the legislator has mentioned that it has been stated that the judicial power is exercised by the courts of justice. this is a very important sentence. it is meaningful when he says that the actions of the judiciary are through the courts of justice, which means that all the dignity and all

the competence of the judiciary have been seen in the test. judiciary in the court in the proceedings means that the judiciary should not have any other dignity from the point of view of our constitutional law other than the proceedings and the settlement of people's disputes. let me suppose that if i want to mention other evidences in the constitution, which can emphasize the necessity of this amendment and revision, in the third principle of the constitution, which states the general policies of the government in the islamic republic of iran , there is a tenth clause, this is the principle of this clause 1. . emphasized that one of the basic programs of the system should be the reform of the administrative structure , with the title of removing unnecessary organizations and actually reforming our administrative system . if

our judiciary sees that it has devices and organizations that are not necessary for its main work , it should be removed from this organization to other organizations. judiciary refers to the creation of necessary institutions judiciary again from this paragraph we can deduce the opposite concept that if there are organizations that are not necessary for judicial function. it should be deleted. this removal does not mean taking an inherent jurisdiction of the judiciary. by the way, this removal means to help the judiciary to function. his main and inherent, which in my opinion , is to deal with matters of justice, which means litigation and proceedings. apart from the fundamentals

of the constitution that i have presented to you, we also have traces of this in our general judicial policies, there are traces of clarity about the emphasis and concentration of power. we see the judiciary over the judicial affairs in the general policies of judicial security which was approved and announced in 2001 . in the general policies of the general policies system , in fact, our five-year judicial system, which came into picture in 2008, there, in the fifth paragraph, it is emphasized that judicial affairs should be concentrated in the judicial branch. the backbone of an organization. if i want to summarize this topic, i will go to this stage i have reached the source of the issue, both in terms of our constitution and in terms of the general policies of the system

, it seems that dealing with executive matters is not within the jurisdiction of the judiciary. is it or not? how much does mr. keshavarz agree that your organization is an executive organization and basically it should be separated from the judiciary and go to. government organizations that do executive work should be transferred. look at mr. bozornasab, we negate what mr. doctor says by focusing on the jurisdiction of the judiciary only in matters of justice. there is no duty other than this in us, similar cases in this same islamic council , what is the dignity of the islamic council. apart from the approval of laws, yes, apart from this, there is also the core of monitoring the implementation of the law. the parliament has the right to monitor the laws

. is the court of accounts, which is a purely administrative organization , does not have the dignity of legislation? in fact, it is only legislation. it has been emphasized everywhere that it is not about legislation. i say that the court of accounts, if it is the court of accounts, if we actually examine its duties , it does not have the dignity of legislation at all. as he said, he is doing supervision, and on this basis, the judiciary is also mr. right , whose honor is the judiciary and judgment, but it needs tools, including the tools, for example, for one of the duties and tasks of the judiciary

is to prevent the occurrence of crimes. where does the crime actually take shape, one of them is the issue of reducing the grounds or the things that cause crime, the issue of establishing the formalization of real estate. the official development of documents that has this task is carried out by the seb organization. other cases such as forensic medicine, such as prisons, these are among the tools that the judiciary has. yes, these none of them have judicial dignity, but they are among the institutions that help the judiciary in the matter of correct implementation, in fact, the same social justice that should be in the society. it is done by the judiciary, so according to you, it is an executive organization, but it is necessary for the judiciary

, just like the court of accounts, which we say for the parliament, it is necessary to address that point in the court of words . he said that the approval of past laws does not prevent the review and approval of new laws . i will refer your request to politics the general rules of the legislative system notified by the supreme leader on october 6, 2018, paragraph 4 states that monitoring the non-contradiction or compliance of the laws with the general policies of the system with the cooperation of the guardian council of the assembly. determining the expediency of the system and approving the necessary laws to realize each of the general policies of the system. i wanna say. do we believe that we passed the laws?

according to the general policies announced by the supreme leader, there should be no comparison with the general policies. yes, yes, absolutely correct. very well . judicial development and its implementation with an emphasis on paragraph 3 of article 26 of the same. he says that the implementation of the 100 -day demarcation is the policy of the judiciary. according to

article 2 of hadnagar community law approved 1, it says that the country's property and deed registration organization is in charge of the implementation of land registration, the issuance of ownership documents, the establishment of community system exploitation, and other tasks contained in this law. the supreme leader on the judiciary, the implementation of sadr sadi's limits, now we are approving laws in contrast to the policies. the main thing is that we are saying that any laws in the past will not lead to the approval of new laws. i will say that the general policies of the supreme leader's legislative system do not say this . well, before we get into your order, if you agree, let's go together to a report that my colleague in the group. let's see judicial preparation together . it's a review of other opinions of supporters and opponents. let's see it . we'll come back. gholam hossein. the actions of the judiciary should

be by the courts of justice, that is the power of limitation is in the court, and the judicial power should not include anything other than the court. behzade poursaid, deputy legal and affairs of the parliament of the judiciary, the document is not just a physical paper, but it indicates the ownership, and the registry office is not supposed to seal and sign only a paper, but the performance of this organization is closely related to legal issues. nasir mashaikh, professor of registration law. the thing that requires the incorporation of the registration organization into the executive branch is the ease of supervision of the parliament and judicial institutions over this organization. currently, the head of the registration organization or his consent is safe from the control tool of stizah are. and in addition, if the regulations related

to the registration of real estate and documents are signed by the president. the judicial branch cannot be heard by the court of justice. this illegitimate but legal privilege can lead to the imposition of regulations on citizens, which of course are not in their favor. babaei, the head of the country's real estate registration organization. the transfer of this important and influential organization to the government's executive body will lead to a departure from neutrality and cause the bias of this group in many conflicts where the government is on the side . ali bakhtiar, a former member of parliament, according to article 156 of the constitution, registration is one of the duties of the judiciary not listed. on the other hand, registration does not have a judicial nature, but it has a legal nature, and the structure of the registration organization requires that it is not a sub-category of the judicial system. farhadi, deputy legal and parliamentary affairs, minister of justice.

it is a misconception that things will speed up with the transfer of the real estate registration organization. it is not possible to take a device from this branch and give it to another branch in the name of diet. one of the reasons cited by the parliament for joining the registration organization to the ministry of justice is the demarcation plan, which we are still 30% ahead of the plan. well, we saw the report together, sir najarzadeh, please continue with your reasons for the implementation of the registration organization and the possible effects. i would like to tell you that i will start again from the statements of dr. keshavarz. well, you mentioned the point of the court of accounts and that the court of accounts is doing executive work, while the work of the parliament is legislative work. see, i think this is the basic point and the starting point of the argument. you are faced with a problem of the islamic council in the semi

-parliamentary system