The Judiciarys Law Journal

The Judiciarys Law Journal

Analysis of the litigation of the General Inspection Organization of the country in the branches of the Court of Administrative Justice

Document Type : Research/Original/Regular Article

Authors
1 .
2 دکتری حقوق عمومی دانشگاه امام صادق(ع)
3 دانشجوی دکتری حقوق عمومی دانشگاه امام صادق(ع)
Abstract
As one of the most important supervisory bodies in the country's administrative system, the inspection organization has the authority to prepare reports and announce crimes, violations and misconduct to various investigating authorities, including judicial and administrative authorities. The Court of Administrative Justice can be one of the authorities to receive complaints of the inspection organization, which was not possible until the recent amendment of the Law of the Court of Administrative Justice in 1402 due to the lack of the claimant's beneficial condition. However, according to the aforementioned law, such a possibility was foreseen for the inspection organization. The present article aims to analyze and examine this authority and its limits and loopholes, which is considered a big step towards the protection of public rights, in search of an answer to the question, with what inference can the prescription of the General Inspection Organization's complaint in the branches of the court be justified. Is? And what are the limitations and dimensions of filing a complaint with the inspection organization in the court's branches? In this regard, it should be acknowledged that with regard to the application of the text of the law, it seems that the legislator in Note 1 of Article 17 of the Amending Law of the Court of Justice has given permission to the inspection organization to represent the public within the limits of its authority and in cases where public law is exposed to damages and by observing the legal procedures, he can file a complaint against the decisions and actions of the government agencies and their officials and the decisions issued by the special administrative authorities in the Court branches,
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Volume 88, Issue 126
Autumn 2024
Pages 337-359

  • Receive Date 06 October 2023
  • Revise Date 03 December 2023
  • Accept Date 09 June 2024
  • First Publish Date 22 September 2024
  • Publish Date 22 September 2024