Volume 17, Issue 58 (4-2023)                   MLJ 2023, 17(58): 265-280 | Back to browse issues page

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1- Department of Law, Faculty of Humanities, Maragheh University, East Azarbaijan, Maragheh, Iran.
2- Department of Law, Faculty of Law and Political Sciences, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
Abstract:  
Background and Aim: Air pollution and the damages caused by it in the city of Tehran are considered as one of the main problems of the urban area in the shadow of the existing laws in this field. One of the causes of damage to the environment is air pollution due to human activities. Actions that sometimes take place intentionally and with awareness and sometimes unintentionally in nature and cause its change or destruction. From a legal point of view, it is important to check the existence of responsibility for these actions. Responsibility for air pollution in regulations and laws guarantees civil and criminal enforcement. Looking at the existing laws and the necessity of interdisciplinary legal debates and the lack of research in this field, constructive suggestions are made to solve the problems of this field.
Methods: The present research was carried out using a descriptive-analytical method and by collecting information in a library form, and it is trying to investigate the guarantee of legal and criminal executions for the causes of air pollution.
Ethical Considerations: Despite the lack of sufficient internal resources, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.
Results: One of the causes of damage to the environment is air pollution due to human actions. It should be mentioned that the responsibility due to air pollution exists in civil and criminal regulations and laws. However, it seems that due to the importance of this issue, the guarantee of enforcement in the laws is not enough, and new regulations should be established regarding liability cases in the civil field and punishments in the criminal field.
Conclusion: In the field of air pollution, which is one of the main causes of damage to the environment, there are many provisions in Iran's laws and regulations. This provision exists both in the main laws such as the Constitution and in other criminal and civil laws, but more than the existence of laws, the possibility of implementation and the manner of implementation of these laws are important. From the civil point of view, the area of responsibility for the factors that cause air pollution is possible through the general rules of civil liability, such as the existence of damage and the relationship of causation, it is possible to file a lawsuit and claim damages. First, in many cases in this field, it is difficult and sometimes impossible to prove the three cases of civil responsibility. In the criminal field, there are also laws related to air pollution punishing by imprisonment and closing the polluting center or preventing the traffic of polluting vehicles. In addition, some punishments such as fines can be combined with other punishments to have a better effect. In addition to the mentioned cases, it can help a lot due to the intertwining of the law and ethics of culture in the field of this issue.

Please cite this article as:
Bouzari S, Asadzadeh S. Guarantee of Legal and Criminal Executions in Environmental Damage Caused by Air Pollution with a View to Tehran. Medical Law Journal. 2023; 17(58): e19

 
Type of Study: Original Article |
Received: 2022/09/15 | Accepted: 2023/05/26

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