he was referred to the supreme judicial council, after that in 1371 and 1378, i explicitly introduced the head of the judiciary, in fact, sabr and address organization, one of the organizations affiliated with the judiciary . thank you, mr. najarzadeh. see, first of all, in response to mr. dr. keshavarz, i will tell you the history of what you said. the legislation that you mentioned is all the legislative records of our ordinary legislator, even if these ordinary laws of ours indicate that these duties are assigned to the head of the judiciary or any other institution, this does not create an obstacle. the only way is for our legislator to come back and pass another law and say that this organization or any other organization should be transferred to another organization , so the situation you described is an obstacle in the way of the parliament. it doesn't create us, the parliament

can make another decision and annex any organization it wants, but back to my original argument, the focus of the judiciary on judicial affairs, in my opinion , is a fundamental principle in defining and organizing the jurisdiction and authority judiciary, according to the same philosophical basis that i mentioned, see this important principle in our constitution as well we can see a trace of it. in article 61 of our constitution, the legislator mentioned that he stated that the judicial power is exercised by the courts of justice. this sentence is very important and meaningful when he says that the judicial power is exercised through the courts of justice, which means all the dignity and all the competence of the judicial power. trial in the court in the proceedings means the judiciary of another dignity. it should have, from the point of view of

our constitutional law, except proceedings and settlement of people's disputes. assume that if i want to mention other evidences in the constitution, that the necessity of this amendment and revision can be emphasized in the third principle of the constitution, which expresses the general policies of the government in the islamic republic of iran . this principle has a clause. this paragraph 10 emphasizes that one of the basic programs of the system should be to reform the structure. administratively, with the title of eliminating unnecessary organizations and reforming our administrative system, i think that the word "unnecessary " mentioned by our constitutional legislator in paragraph 10 means any organization. there are some organizations that are not necessary for their main function it should be removed from this organization to other organizations. let us assume that in principle 158, which

is the authority of our constitutional lawmaker in the capacity of expressing the powers and duties of the head of the judiciary , it refers to the creation of the necessary judicial institutions. which is not necessary for judicial function, it should be removed, this removal means taking an inherent competence. it is not the judiciary . by the way, this elimination means that we help the judiciary to fulfill its main and inherent function , which in my opinion is to deal with judicial matters, which means litigation. and there is a procedure that can be done apart from the fundamentals of the constitution that i have presented to you . in

the general policies of judicial security , which is attributed to our notification of 2001 , i would like to tell you in the fifth paragraph that the concentration of judicial affairs in the judiciary is emphasized , it has both positive and negative aspects , as well as in the general policies of the in fact, our five-year judicial system, which came into picture in 2008, is emphasized there in the fifth paragraph on this subject. that judicial affairs should be concentrated in the judiciary, you are adamant about saying that the seb organization is an executive organization . yes, yes, if i want to summarize this issue, i have reached the source analysis stage 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. in the next step, god willing , i will review the duties of the organization to see if it is judicial or not. how much

does mr. keshavarz accept that your organization is an executive organization? basically, it should be separated from the judiciary and transferred to government organizations that do executive work. focusing on the competence of the judiciary only in matters of justice, they negate any duty other than this, so we have cases similar to this in their islamic council . what is the islamic council apart from approving laws? there is also the supervision of the implementation of the law , the parliament is there to see if the supervision of the laws is correct

. is the court of accounts, which is a purely administrative organization, does not have the dignity of legislation? it has been emphasized everywhere that it is not about legislation, mr. doctor. let's actually check his duties, he does not have the authority to legislate at all, he is doing a task according to his orders , and on this basis, the judiciary is also mr. right, whose authority is the judge and judgment , but he needs tools, including the same things, for example. one of the duties of the judiciary and its tasks is to prevent the occurrence of crime . where does this prevention of crime actually take shape? one of them is the issue of

reducing the grounds or the things that cause crime. the document official who has this duty is the registration organization . other cases such as forensic medicine and prisons are among the tools that the judiciary has. in fact, the same social justice that should occur in the society by the judiciary, according to you, it is an executive organization, but for the judiciary. it is necessary, like the court of accounts, which we say to the parliament , that it is necessary to tell the court of accounts that point, that's enough, let me say it, and then we will hear the answer.

it does not prevent the review and approval of new laws, that's right , i will refer your excellency's order to the general policies. the legislative system promulgated by the supreme leader on october 6, 2018, paragraph 4 states that the monitoring of non-contradiction or compliance of laws with the general policies of the system with the cooperation of the guardian council, the assembly of determining the expediency of the system and approving the necessary laws for the realization of the general policies of the system is what i want to say. do we believe that the laws we approve based on the general policies announced by the supreme leader should not be compared with the general policies? yes, yes, absolutely correct.

the general actions of the supreme leader were announced in the 7th program against the 26th day of the document. judiciary reform and its implementation, emphasizing a paragraph 3 , article 26, it says that the implementation of the 100-year limit is the implementation of the judicial reform document. according to article 2 , reduce the time. then, according to article 2 of the hadnagar community law of 2013, it says that the country's property and deed registration organization is in charge of the implementation of demarcation , the issuance of ownership documents, and the establishment of exploitation.

the system of society and other tasks included in this law are firstly, writing the task of the sadr organization to communicate the policies of the supreme leader to the judiciary . the main thing is that we say that any laws in the past lead to resolution. it cannot be applied to new laws . i would like to 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 prepare a report that our colleagues in the judicial group will review together. gholam hossein elham , former minister of justice and former member of the guardian council article 6 of the constitution. he says: the judiciary should be exercised by the courts of law. this means that

this power is limited to the court and the judicial power should not include anything other than the court. behzade poursaid, deputy legal and affairs of the judiciary council. the document is not just a physical paper, but it implies 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. what most requires the incorporation of the registration organization into the executive branch is the ease of supervision by the parliament and judicial institutions. this is the organization. currently, the head of the registration organization or his assistants are safe from the control tools of stizah. and in addition, if the regulations related to the registration of real estate and documents are signed by the head of the judiciary, they cannot be reviewed by the court of justice. this privilege is unfair. but a law can lead to the imposition of regulations on citizens, which of course

is 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. according to article 156 of the constitution, the authority of the former parliamentarian is not listed among the duties of the judiciary. on the other hand, registration does not have a judicial nature, but it has a legal nature. the structure of the registration organization

requires that it should not be 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 relocation 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 de-judgment. one of the reasons cited by the parliament for joining the registration organization to the ministry of justice is the demarcation plan that we we are now 30% ahead of the program , so we have seen the report together, mr. najarzadeh , please continue with your reasons for the implementation of the registration organization and the effects it can have. regarding the point of the court of accounts and the fact that the court of accounts is doing executive work, while the work

of the parliament is legislative work, i think the starting point of your argument is that the islamic council of parliament has two dignities in our semi-parliamentary and semi-presidential system. there is also dignity it has legislation and legislation, and it has the dignity of supervising the implementation of the law. the court of accounts is also a specialized institution. the attached member of the parliament is under the supervision of the parliament for this second function, which is to monitor the implementation of the law, but not all laws, only in terms of monitoring the implementation of the budget law by the budget-receiving institutions of the country. therefore , we cannot say that the court of accounts' work is an executive work, in any case, it has a supervisory function. another point that you mentioned was that our constitution is one of the duties of the judiciary to prevent he mentioned the crime, yes, that's right, but if we study this era more closely

, we can see that the legislator has used the word "appropriate action" with special elegance, saying "appropriate action to prevent the occurrence of crime ". after all, the matter has both legislative aspects , executive aspects, and judicial aspects, that's why. in asr 157, our legislator did not say that you should prevent the occurrence of crime, you said that you should take appropriate action to prevent the occurrence of a crime, so this means it is not the case that now, since registration matters can lead to the prevention of crime , it should remain in the judiciary, and this reason is not a sufficient and in fact a complete reason for this opposition, in my opinion. your next reference to the general legislative policies of 2018 was the position of the supreme leader. on this point, i have to tell you, well

, it is natural that the year 2019 is written when the general policy is being made. it will be continued and it will be announced in that year , when our real estate registration organization is dependent on the judiciary, we cannot expect that in the general policies of the system, he will come and say that, well, i have something to do. i don't know where it depends on now . assume that the government must implement this duty of this policy. naturally , in that period of time, because it is dependent on the judiciary, it is also mentioned in the judicial reform document. why should we not see one part of the story and another part of the story? . let's put it aside. i said, in the name of god, light , in the name of god, light, light

, in the name of god, light upon light. muhammad is the messenger of god , the witness is muhammad, the messenger of god is the witness, ali is the guardian

allah is the witness of the highest hajj allah, may god bless him, may god bless him. hai ali al falah hai ali al falah

hai ali khair good work is good, good work is allah akbar, allah is great, there is no god but allah. there is no god but god, you mentioned two other general policies,

keep them in mind as well. the general policies of judicial security in 2081 and the five-year judicial policies of 2018. 88 both emphasize the concentration of judicial affairs in the judiciary and the reform and streamlining of the judiciary , so the parliament can still legislate and separate this organization from the judiciary and assign any organization to any branch it wishes. now, leave our discussion to the ministry of justice . in the report that you painstakingly prepared, i would like to point out two points. the first point is that one of the honorable professors said that the issue of registration is of a legal nature and we cannot take something that is of a legal nature from the judiciary and give it to our executive body. let's leave it to the ministry of justice. this question occurs to me, can we consider an action or a decision that does not have legal dimensions, if we want to say that every issue that has legal dimensions

should remain in the judiciary, i think then , for example, municipalities should also be defined in the judiciary. dehdari should also be defined in the judicial branch, maybe the radio and television should also be defined in the judicial branch, because anyway they have legal aspects, their actions, their decisions. therefore, this cannot be a correct issue. the last point that was mentioned in this report was the issue of neutrality, saying that if this issue is submitted to the judiciary and goes to the government, the government is not neutral in this regard, so this also cannot be a valid argument. our current situation, the provincial registration supervision board, the supreme council of registration , the judiciary are located in the registration organization itself , and they are doing the work. my question is, if i a citizen of these , i want to make a protest about the performance of these people, about these votes, i have a complaint , where do i take my complaint to the judiciary itself? other than that, see that the executive and supervisor of the judiciary itself

, by the way, this calls into question the impartiality. let's separate it from the judicial branch and leave its implementation to the executive branch, then we can give a meaning to this complaint . i didn't dare, mr. doctor, i feel that if the doctor had done an executive job, maybe their views would be like this you can see the frankness that they say in the issues raised is a bit more balanced. yes, what you are saying is, in fact, how can it be possible for an organization to have both a supreme council and a supervisory board , and if there is an objection to the decisions of the supervisory board, the supreme council will come. yes, if he wants to object to the decisions of the supreme council of seven, he will go to the administrative court of justice, so all this is in the collection

, this is not acceptable. are all three in the judiciary or not ? yes, you say this is not acceptable. now you are saying that the properties, mr. dr. bozur nesab in the possessions of the country, if the country is counted. almost more than 90% of the country belongs to the government, or natural resources, or security affairs, or roads and urban development, etc., and finally, very well, now the registration of documents as a neutral device is stabilizing ownerships and investigating disputes. there is a mountain of justice, yes, but the property belongs to the government

, now you are the judge, so the result is that you are criticizing now , mr. doctor, look, i want you to look at the issue in another way, and that is this, whatever the quality, mr. doctor, a device has strengths and weaknesses in its actions if the group of friends are looking at the current document registration organization, this organization that was created since 1990 and has been working until now, what happened that now we suddenly want

to make a fundamental change, the organization that has this service with these tasks and this the tasks that have been working for so many years , suddenly we decide to move to one , something must have happened , i don't understand that incident, this is one second. if in fact, the seb organization , i believe it has strong points and weak points, why don't we come to feel the weak points, correct it? let's do it we should not impose more costs on the country by creating a new structure, approving new regulations, imposing new financial assets. second, mr. doctor, see the discussion of document registration. and the discussion is actually going from here to there , the government that wants to accept this, the minister himself is saying that we don't have such a plan, we have the same

phrase. he says that the government is not looking for this issue . mr. minister of justice, he announced a while ago that the government is not looking for such an issue. then why is he insisting on this matter, mr. doctor ? we have so many more important things to solve people's problems. none there is no question, mr. najarzadeh , please tell me about how fundamentally in your opinion this work is for the benefit of the people's country. also, mr. keshavarz , point out a few points regarding neutrality and the strengths and weaknesses . i think that it is not ethical to attack the person who is saying that instead of responding to a logic and argument and say that you don't have an executive record, so you can't

enter this, maybe it was your analysis. i also did executive work. this is the first point . the second point is to make sure that it is not done all at once. this work, which in my opinion is a big surgery at once. if we do it, it definitely requires a detailed specialized study and it should be done gradually . the next thing you said was that, sir, the government itself said that i don't want it, and the minister of justice also said that i am not pursuing this issue, so why are you pursuing it? see, this is not an accurate statement in my opinion , let's say it now because the person who is supposed to be responsible for his future.

he has announced the government's opinion, his own opinion, yes, yes , that's what i mean, because this government or any other government let him say that i don't want to do this, even though we know it is the right thing to say. now, because he doesn't want to do it, we have nothing to do with him . it was not possible that the islamic council, due to the specialized study institution it has and other research institutions of the country, when to a they reach a point where they know that something is correct, that it is in the interest of the country, that it must be done , this must be done. the issue is not a personal issue that this or that authority wants to say that i don't want to do this. my field, if i have a question, mr. doctor, in this field , it is only as a scientific mission, a research mission that i have . which i think

is characteristic of me. it is not a valid reason. if we want to go to the country's problems with the same reasoning , none of the country's problems will be solved. now we have an issue on the table that is included in the seventh program law , called the transfer of the real estate registration organization to the ministry of justice, so we have to solve this. must be determined we can't say anything about it because we have other problems, so we wo n't deal with this issue either. i'll go back to my petitions . i'll try to make the topics shorter . let's see that his duties are not out of these seven items that i am presenting to you. if i am wrong, please correct me . real estate registration is an operational area that is at the disposal of the registration organization. it is the registration of various transactions and contracts that people they have the real registration of marriage and divorce by this the industrial property registration organization, out of the seven cases

that i mentioned, maybe only the last one is similar to a judicial order, that is, the settlement of people's registration disputes by this organization. i emphasize that the word i used is similar to a judicial order. any subject that an institution, an official , is sitting at a table and is solving people's disputes , it is definitely not a judicial matter like that, that is, i have no business with the rest of the cases, in my opinion, property registration , marriage transactions, divorce, industrial ownership, company registration , the implementation of the provisions of official documents is quite clear that it has an executive and non-judicial nature, it is the only case to be decided i also emphasize the registration disputes of this case, that it is quasi-judicial, not completely judicial. you see, we

have many executive institutions