The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

Examining the challenges of the Dispute Resolution Board on the issue of Article 38 of the Regulations of the Municipalities of the country

Document Type : Original Article

Authors
1 Assistant Prof, Department of Law, Faculty of Law, Payam Noor University, Tehran Center, Tehran, Iran
2 MA. in ( Private Law), Shahid Beheshti University, Tehran, Iran
3 Shahidbeheshti uni
10.22034/mral.2024.2022430.1579
Abstract
According to Article 159 of the Constitution, justice is recognized as the official authority of grievances and complaints, and the formation of courts and their jurisdiction is also subject to the rule of law. Today, references with the nature of quasi-judicial authorities and special authorities have been predicted by the legislator to deal with specific lawsuits, including the dispute resolution board subject to Article 38 of the Reform Regulation of Transactions of the Tehran Municipality, which according to the law treaties and disputes arising from transactions subject to the bylaws between the municipality and individuals. In this study, in addition to analyzing the legal issues related to the mentioned board, the present challenges have been discussed. Examination and analysis of various dimensions of the board in question shows that problems caused by lack of coherent view of quasi-judicial authorities and lack of sufficient attention in predicting the issues affected by them have also faced different challenges and its procedure has been divided and dispersed. Although the issues facing this reference can be addressed to some extent by referring to the public and applying some legal principles and materials, however, since any defects and ambiguities in the mechanism of the Board can threaten the rights of individuals and in addition reduce their level of acceptability in the society, it is necessary that the legislator and the relevant authorities identify the issues and challenges facing the delegation and resolve them Exhibitions.
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Articles in Press, Accepted Manuscript
Available Online from 07 September 2024

  • Receive Date 17 February 2024
  • Revise Date 16 August 2024
  • Accept Date 07 September 2024