The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

method for reviewing objections to the decisions of the Quasi-Judicial Commission in public courts

Document Type : Original Article

Authors
saber jafarniaosboei 1
abolfazl dankob 2
1 Head of the Ninth Branch of the Gorgan General Legal Court
2 professor
10.22034/mral.2023.561086.1376
Abstract
Issuance of Vote Unity Procedure No699Court regarding the objection to the decision of the Commission Article77of the Municipal Law raised the suspicion that first of all whether the courts of law have jurisdiction to appeal against the decisions of the commissions Do you have a quasi-judiciary?And in the case of acceptance of jurisdiction, which of the formal law?

administrative proceedings require the application of the same formal rules.example, according to of Article16of the L.O.P.CA Justice,objections to the decisions of quasi-judicial commissions must be made for persons residing in Iran within3months,or the cost of the objection proceedings is fixed.Now, if we assume the jurisdiction of the courts, from the point of view of formal criteria, are the legal courts obliged to comply with these regulations?In particular,Article1of the Code of Civil Procedure in the definition of this law doesnt mention administrative lawsuits and the obligation to implement the rules of civil procedure is set only in the position of dealing with civil matters and all civil and commercial lawsuits And there is no obligation on the court of law to observe the procedure of civil proceedings in administrative lawsuits Incidentally,the prevailing logic of the necessity of order and structure in any trial requires that a specialized trial be conducted with specialized tools and instruments in the same field and in the same way,which we will examine in detail in this research And more importantly,with the enactment of the L.O.P.C.A Justice in1390the unanimous decision No699has been abrogated
Keywords
Court of general jurisdiction
Administrative proceeding
abrogate
civil procedure
Subjects

  1. Resources

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    Terms and Conditions

    1. The Constitution
    2. Law on the Organization and Procedure of the Court of Administrative Justice
    3. The law of criminal procedure
    4. Civil Procedure Code

    Unanimous votes

    1. Vahdat Procedure No. 803 dated 18/10/1399 of the Supreme Court
    2. Vahdat Roi No. 669 dated 22/03/2007 of the Supreme Court
    3. Vahdat Procedure No. 792 dated 24/04/1399 of the Supreme Court

     

The Journal of Modern Research on Administrative Law
Volume 5, Issue 16 - Serial Number 16
Fifth year, 16th issue, ّ Fall 2023
Summer 2023
Pages 161-178

  • Receive Date 11 September 2022
  • Revise Date 19 February 2023
  • Accept Date 18 March 2023