Article 174 of the Constitution of the Islamic Republic of Iran, in order to monitor the smooth running of affairs and the correct implementation of laws in administrative bodies, provided for an organization called the “National Inspection Organization”. Based on the above principle, this organization is formed under the supervision of the head of the judiciary. The limits of powers and duties of the General Inspection Organization of the country are determined by the relevant law.
Duties of the General Inspection Organization of the country
In 1360, the “Law on the Establishment of the National Inspection Organization” was approved. In this law, all the powers and duties of Mordashare National Inspection Organization are included. According to Article 2 of this law, the duties of the National Inspection Organization are as follows:
1- Continuous inspection of all ministries and departments, military and law enforcement forces, state institutions and companies, municipalities and their affiliated institutions, notary offices, non-profit institutions, revolutionary institutions, and organizations that all or part of their capital or shares belong to the government or the government. It supervises or helps them in some way, and all the organizations that the inclusion of this law requires mentioning their names based on a regular schedule.
2- Carrying out extraordinary inspections according to the order of the Supreme Judicial Council or at the request of the Commission of Article 90 of the Constitution of the Islamic Parliament, or at the request of the minister or the head of the relevant executive bodies, or any other case deemed necessary by the head of the organization and the Supreme Judicial Council.
3- Notification of violations and inadequacies and administrative and financial malpractices regarding ministries and revolutionary institutions (whose list is approved by the Cabinet) to the Prime Minister and regarding state institutions and companies affiliated to the government to the minister of the relevant ministry and regarding complaints to the municipality and institutions affiliated with them to the Minister of Interior and regarding the departments and subordinate organizations and units related to justice to the Supreme Judicial Council and regarding non-governmental institutions, seek help from the government to the Ministry of Economy and Finance.
According to Article 6 of the aforementioned law, another duty of the organization is to report the crime to the judicial authorities. It is in this way that whenever a crime is committed and criminal prosecution becomes necessary, the head of the organization or the authorities authorized by him submits the report of the crime along with the reasons and documents to the local prosecutor and the case is closed. Will follow up until the result is achieved.
The last item of the duties of the General Inspection Organization of the country is to report cases of violations of regulations and government managers in such a way that whenever reports of violations related to regulations, approvals, circulars or instructions issued by government or government-affiliated organizations are sent to the inspection organization presented or non-governmental natural or legal persons complain about violations in the functioning of the organizations subject to this law, the General Inspection Organization is obliged to send these cases to the Administrative Court of Justice for consideration and issuance of a decision.
Where the submitted report contains information about the administrative violations of the general managers of departments and higher officials up to the level of ministers and their equivalents who are subject to the law on handling administrative violations, the inspection organization will send the said report to the board for handling administrative violations of the presidential institution and He will follow up the case until the result is obtained and the decision is issued.
As you have seen, according to Article 2, all people can complain to the various institutions mentioned in the law. In case of knowing about the illegal actions and violations of these institutions, inform it to the General Inspection Organization of the country.
Subjects of complaints to the General Inspection Organization of the country
The subject of complaints received by the General Inspection Organization of the country is very diverse and includes the following:
1- Individuals’ complaints against the country’s executive bodies due to inappropriate administrative flow of that organization and violation of laws and regulations
2- Complaints related to recruitment, recruitment and selection in executive bodies and universities
3- Complaints and objections to conducting auctions and tenders
4- Complaints of non-governmental natural and legal persons regarding regulations and approvals and circulars and instructions of executive bodies and government organizations
As it was said before, after a violation is detected, the related report is sent to the Administrative Court of Justice for consideration and issuing a decision. It is important to mention that complaints about criminal behavior (illegal seizures, embezzlement, acquisition of property through illegal means, damage to state property, etc.) of state banks or other executive and state institutions and bodies should also be raised in this organization. be made If the plaintiff declares a crime against such institutions in public and revolutionary courts, it still does not prevent the General Inspection Organization of the country from dealing with such malicious activities. The initial and appellate committees for handling complaints are formed with the membership of one judge appointed by the head of the judiciary and handle complaints out of turn and according to the law on dealing with administrative violations.
Filing complaints against institutions and organizations
Filing a complaint against the performance of executive bodies and organizations has many subtleties and complexities. Failure to comply with them will lead to the rejection of the complaint and the plaintiff will suffer. In this regard, the plaintiff should take advantage of the legal advice of lawyers and expert consultants in the field of competences of the General Inspection Organization of the country. It is beyond the responsibility of people who are not familiar with it to determine that the executive body and the institution complained of are governmental and are the subject of the law establishing the country’s inspection organization.
Complaints should be filed only against companies and institutions and government bodies or institutions and public benefit companies or organizations that all or part of their capital or shares belong to the government or the government supervises them in some way; Otherwise, the organization declares its incompetence in handling the complaint.
It is obvious that the General Inspection Organization of the country does not have the authority to deal with complaints from non-governmental natural and legal entities, complaints from judicial authorities, the Court of Administrative Justice, violations related to the press, decisions of the Supreme Council of Cultural Revolution or decisions of the Court of Accounts, etc.
How to file a complaint
It is also very important to prepare a complaint. Complaints should be documented and substantiated and not simply make a false accusation to administrative and executive bodies. The claimant is responsible for the stated content and accusations, and he is the one who must prove the truth of the claim. Also, the plaintiff should know that if he does not mention the complaint authority correctly in his complaint letter, he will face rejection of the complaint.
The complainant should know that if a complaint similar to his has already been raised and sent to the organization, the General Inspection Organization of the country will not deal with it; unless the subject of his complaint is different from the previously filed complaints. Determining that the complaint is not repeated can only be done by an experienced lawyer in the field of the inspection organization.
Dadista Law Firm is proud to work with experienced and proficient lawyers and legal advisors in various legal fields. The duties of the National Inspection Organization are among their activities. Respected contacts can consult with the lawyers of Dadista before filing any complaint against the organizations and institutions subject to the law on the establishment of the General Inspection Organization of the country. If the issue can be raised in the organization, a complaint will be raised. A well-founded and documented complaint should be prepared and registered as soon as possible. The lawyers of the group will be with the plaintiff until the end of the hearing and the issuance of the verdict and will provide the necessary legal advice.