Document Type : Research/Original/Regular Article

Authors

• Hossein Abdollahy
• Mohammad Javad Rezaeiezadeh

Abstract

Enforcement of judgments of administrative tribunal, as one institution for guarantee of the rule of law, is very important. So we can't consider "administrative authorities abstention from enforcement of judgments of administrative tribunal (Divan Edallate Edari) branches" as a crime, but we should treat it as administrative offence that an administrative authorities commits against Divan -as the highest reliable administrative testimony unit- and the inquisition is only in its original jurisdiction.  The definition of this kind of abstention is "Any kind of abstention, as action or inaction, against enforcement of judgments of Divan branches, including judgment or resolution, that deliberately happens after taking administrative measures, when there is no legal or practical barriers against judgment debtor, this offence usually committed by the highest authority and is restricted by the result", As result we consider the sanction of this offence, as one "Administrative alert" that "legal hierarchical order " principle will determine its extention.

Keywords

• Administrative authority's abstention
• Enforcement of judgments of administrative tribunal (Divan Edallate Edari) branches
• Dismissal from civil service
• Administrative offence
• Administrative alert