The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Analysis of the Dispute Resolution Board of Article 38 of the Law on Amending and Extending the Transactions By-Laws of Tehran Municipality to Metropolises and Supervising Its Votes

Document Type : Original Article

Authors
Masood Araei 1
faramrz atrin 2
1 Lecturer
2 Assistant Professor Islamic Azad University, Najaf Abad, Isfahan Branch
10.22034/mral.2021.535735.1177
Abstract
In accordance with Article 38 of the Law on Amending and Extending the Transactions Regulations of Tehran Municipality to Metropolises; Disputes arising from transactions subject to this regulation in the Dispute Resolution Board with the membership of a judge of the judiciary elected by the head of the judiciary, a member of the Islamic Council elected by the relevant council, a municipal representative elected by the mayor, a district or governor representative and a legal representative The party to the contract is subject to review and the ruling issued by the trial judge is binding on the parties. In this study, while addressing the nature of the board subject to Article 38 and the type of transactions subject to this regulation, it was concluded that this board is an administrative reference and one of the quasi-judicial authorities and is not an arbitration body. Also, any transaction in the municipality that leads to the conclusion of a contract can be considered and considered in this board, and the decision of this board, as an administrative authority, can be challenged in the Court of Administrative Justice. The member judge Such quasi-judicial authorities should not issue a verdict and the verdict issued by these authorities should be based on the vote of the majority of members.

Highlights

Analysis of the Dispute Resolution Board of Article 38 of the Law on Amending and Extending the Transactions By-Laws of Tehran Municipality to Metropolises and Supervising Its Votes

 

 

 

Abstract

In accordance with Article 38 of the Law on Amending and Extending the Transactions Regulations of Tehran Municipality to Metropolises; Disputes arising from transactions subject to this regulation in the Dispute Resolution Board with the membership of a judge of the judiciary elected by the head of the judiciary, a member of the Islamic Council elected by the relevant council, a municipal representative elected by the mayor, a district or governor representative and a legal representative The party to the contract is subject to review and the ruling issued by the trial judge is binding on the parties. In this study, while addressing the nature of the board subject to Article 38 and the type of transactions subject to this regulation, it was concluded that this board is an administrative reference and one of the quasi-judicial authorities and is not an arbitration body. Also, any transaction in the municipality that leads to the conclusion of a contract can be considered and considered in this board, and the decision of this board, as an administrative authority, can be challenged in the Court of Administrative Justice. On the other hand, considering that the purpose of the legislator's membership in these authorities is only to supervise the consideration of issues raised in these authorities and to use his judicial and legal opinion and is not to be formed in the office, court and court, so it is suggested that member judge Such quasi-judicial authorities should not issue a verdict and the verdict issued by these authorities should be based on the vote of the majority of members.

 

Keywords: Dispute Resolution Board Article 38, Law amending and extending the bylaws of Tehran municipal transactions to metropolitan areas, Municipal transactions, Quasi-judicial authority, Court of Administrative Justice.

Keywords
Dispute Resolution Board Article 38
Law amending and extending the bylaws of Tehran municipal transactions to metropolitan areas
Municipal transactions
Quasi-judicial authority
Court of Administrative Justice
Subjects
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The Journal of Modern Research on Administrative Law
Volume 4, Issue 12
Fourth year, 12th issue, ّFall 2022
Autumn 2022
Pages 105-128

  • Receive Date 11 August 2021
  • Revise Date 15 October 2021
  • Accept Date 06 November 2021