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دیوان عدالت اداری

Referring the complaint to the Administrative Court of Justice

The Court of Administrative Justice was established to deal with people’s complaints, grievances, and protests against officials, units, or regulations and to enforce their rights. This institution was formed under the supervision of the head of the judiciary and is known as a judicial authority. To file a complaint in the Administrative Court of Justice, you need a lawyer of the Administrative Court of Justice who is familiar with the concepts and conditions of complaining about cases related to this court.

Procedures of Dadista

Registering and submitting a petition

Refer to the court

Beginning of the proceedings

Issuance of vote

Appeal against the issued decision

Implementation of the vote

Consultation and Contact

You can reach the best results in cases of the Administrative Court by contacting and consulting with Dadista’s expert lawyers.

Just contact our consultants and consult with our expert lawyers about the complaint in the Administrative Court.

We will choose the best lawyer of the Administrative Court of Justice for your case!

FAQ

The petition and its appendices must be prepared as many as the parties to the complaint plus one copy. These documents, as well as the documents related to the correction of defects and the completion of the petition, must be sent to the secretariat of the court by registered post or e-mail of the court or registered in the electronic database, or these documents should be submitted to the secretariat of the court or its administrative offices located in the centers of the provinces.

If the petition lacks the name and surname of the plaintiff or his residence, it will be rejected according to the decision of the branch office manager. This order is final, but its issuance does not prevent re-filing of the complaint. If filing a new lawsuit requires compliance with a specific time, it will be calculated from the time of notification.

The plaintiff can amend his request before the decision is issued. Acceptance of the request for modification of the request after sending the petition and its annexes to the complaining party is conditional on the fact that the nature of the request has not changed according to the branch and the branch can issue a decision based on the amended petition without the need to resubmit the petition.

Required Documents

Preparation of petition form

Completing the petition form

Petition and documents

Affixing and cancellation of 50,000 Rial stamps

Affixing and cancellation of 200 Rial stamps

Lawyers of the Court

Complaint handling cases in the Court of Administrative Justice

The jurisdiction of the Court of Administrative Justice according to Article 10 of the Law on Organizations and Procedures of the Court of Administrative Justice is:

Dealing with all kinds of complaints and objections of natural or legal persons from the following:
Decisions or actions of various government units (such as organizations and ministries or state institutions and companies, social security organization, municipality and other revolutionary institutions and their affiliated institutions)
The actions or decisions of the officers of the units mentioned in the above paragraph in matters related to their duties.
Dealing with objections and complaints from the opinions and definitive decisions of administrative violation boards and commissions such as tax commissions, worker-employer dispute resolution board, commission subject to Article (100) of the Law on Municipalities, exclusively in terms of violations of laws and regulations or Oppose them
Dealing with the complaints of judges and those covered by the Civil Service Management Law and other employees of the units and institutions mentioned in paragraph (1) and the employees of the institutions that the inclusion of this law requires to be mentioned, both military and national, in terms of violation of employment rights.

It is important to mention that after the complaint was filed in the Administrative Court of Justice, this court conducted the necessary investigations and ruled that there had been a violation by the institutions and persons mentioned in the article, and it is the responsibility of the public court to determine the amount of damage caused. .

According to Article 16 of the mentioned law, people living in the country have up to three months and people living outside the country up to six months after the verdict or definitive decisions of the sued authority have the opportunity to submit their complaints to the branches of the Administrative Court of Justice.

It seems that other than the cases mentioned in Article 10, opinions and decisions issued by other institutions cannot be processed and complained in the Administrative Court of Justice.

 

The main elements of filing a complaint in the Court of Administrative Justice

The Administrative Court consists of the following main pillars:

Primary branches
Appellate branches
General Board
Specialized boards
Enforcement unit

In order to facilitate the access to the services of this institution and the registration of complaints in the Administrative Court of Justice, administrative offices of the Administrative Court of Justice have been established in some provincial centers, whose duty is to accept and register the requests and petitions of the plaintiffs, to provide the necessary recommendations and guidance. Applicants are to be notified of the second version of complaints or decisions issued by the court in the area of that office and to carry out the orders of the judgment enforcement unit in the relevant area.

It should be noted that proceedings in the Court’s branches, including the first-instance branches, require submitting a petition and complying with the conditions stipulated in Article 18 of the Law on Organizations and Procedures of the Court of Administrative Justice.

 

Lawyer of the Court of Administrative Justice

Only people who are experts and proficient in administrative lawsuits are able to prepare the cases related to the complaint in the Administrative Court of Justice in the best possible way and register them in the desired branch. Any negligence or misdiagnosis in the process of filing or pursuing a complaint will lead to the risk of violating the plaintiff’s rights. The lawyer of the Administrative Court of Justice, who is expertly familiar with all types of complaint cases to the Administrative Court of Justice, in most cases knows the right to protest and the shortcuts to advance the cases better than the plaintiff or a non-specialist lawyer in this court.

Also, since the party to the complaint in the lawsuits of the Administrative Court of Justice is the government and the government body or their representatives, they always have the upper hand in the complaint cases in the Administrative Court of Justice. Arguable and undeniable reasons and documents, filing a complaint within the legal deadline and choosing the best branch to file a complaint, etc., are all very important and increase the success rate. These cases are enough for the need to consult and help the lawyer of the Administrative Court of Justice.

Lawyer’s fees of the Administrative Court of Justice

The fee of the lawyer of the Court of Administrative Justice completely depends on the case, the degree of difficulty and the probability of winning it. Of course, the lawyer’s expertise and experience will also be involved in this fee.

But in general, this amount is completely agreed upon, and a specific amount cannot be predicted. Also, the fees of a lawyer of the Administrative Court of Justice in Tehran can be different from other lawyers in other cities.

 

Services of Dadista Law Firm for complaints in the Court of Administrative Justice

Dadista Law Firm is proud to provide the best legal advice in this field to applicants and esteemed audiences with the cooperation of lawyers and legal advisors specializing in matters related to the Administrative Court of Justice. The strength of this law firm is winning many cases related to complaints to the Administrative Court of Justice, and due to the presence of experience among the many lawyers of this group, your chances of winning cases increase greatly.