Legal Challenges to the Punishment of the Building Violations in the Area of the Article 99 Commission’s Action--

The commission established based on the note 2 to the paragraph 3 of article 99 of the municipalities law is the authority trying the building violations in the area of the performances by the rural municipalities (within the village limits) and sectorial municipality (outside the limits and fronts of the cities). The sentences issued by this commission are faced with a lot of objections and ambiguities in case of ordering the acquisition of fines due to the legal shortcomings regarding their calculations. In between, the highest inefficiency pertains to the process of enactment, acquisition and spending of the fines by the sectorial municipalities. The directive no.1120996 that was passed on 17th of October, 2015, by the minister of interior announces the process of the trial for the building violations by the aforementioned commission. Although these instructions somewhat compensate for the shortfalls existent in the trial procedure by this quasi-judicial institution, the enforcement of the commission’s sentences for the acquisition of the fines is not laid on a proper legal foundation. The present study uses a descriptive and analytical method to investigate and scrutinize the issue from the legal perspectives so as to explore the hidden angles of the bottlenecks to the enforcement of the sentences in the aforementioned area.