نوع مقاله : مقاله پژوهشی
1 استادیار مهندسی عمران، موسسه آموزش عالی علامه رفیعی، دانشجوی کارشناسیارشد حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران (نویسنده مسئول)
2 استادیار حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
From the engineering point of view, natural disasters have a fairly specific return period and it is likely that we will witness a massive flood in the coming years in Tehran, like what happened in Imamzadeh Dawood in 2022, which requires monitoring and preventive measures in terms of crisis management and also in the legal dimension. According to the crisis management law approved in 2018, Iran does not face a serious legislation problems in terms of the introduction of crisis management, defining responsibilities of each crisis manager and the government's position in such phenomena. The topic of compensation for damages caused by natural disasters and the justification of this responsibility has been a controversy among researchers and theorists. Along with the previous theories, this article is based on the opinion that in such phenomena, by insisting on the place of custom in the government procedure, this matter has become a definite, acceptable, mandatory and equal to the law. In addition, according to the crisis management law, the legislator has adopted new procedures for this and has removed the previous shortcomings in the laws regarding the responsibility of the government and those in charge of crisis management, so that today the principle should be placed on the responsibility of the government in such phenomena. From the aspect of civil and criminal responsibility, the same traditional rules are followed regarding the duties related to crisis management. However, new and comprehensive approaches to the issue of types of officials, scope of responsibilities and criminalization can be seen in this law, which has been criticized in the text of the article.