Before we discuss how to appeal the decision of Objection to final decision Court of Justice, we should know what the duties of the Court of Justice are? The country’s Administrative Court of Justice has the duty to deal with people’s complaints against officials, organizations, departments and government regulations. This procedure is carried out when the decisions, regulations or actions taken are against Sharia. Among other duties of this court, we can mention the fight against all manifestations of corruption and corruption.
The method of protesting the final decision of the Administrative Court of Justice is in a way that, like other decisions of judicial authorities, it should be done through judicial authorities. If you have a complaint against government departments, organizations and institutions, you should refer to the Administrative Court. When a person objects to the final decision of the Court of Administrative Justice, it is necessary to register his petition in this court.
If you want to speed up the processing of your objection, you should go to the secretariat of this court to register your objection. If you are not able to visit in person, you can visit the electronic judicial service offices in different provinces and cities and register your petition.
Another way to file a petition in the Court of Justice to protest the final decision is to visit the website of the Administrative Court of Justice. By the Sajid system, the petition is registered completely electronically. In the following, we intend to fully examine the various methods of protesting the decision of the Administrative Court of Justice in order to clarify the aspects of the matter.
What is meant by definitive votes?
“The definitive decisions of the Court of Administrative Justice mean that the decision issued is unobjectionable, except for the cases mentioned in this article, and the plaintiff is allowed to demand and implement these cases.”
One of the ways to challenge the decision of the Administrative Court of Justice is to submit a retrial. According to Law 98 of the Organization of Procedures, the Court of Administrative Justice deals with the following cases, which include:
– If the verdict is not related to the subject of the complaint.
– The sentence issued is more than the plaintiff’s request or the subject of the petition.
– If there is a contradiction in the verdict, for example, if there is not enough evidence for the verdict and the Administrative Court of Justice issues a verdict in favor of it, then there is a conflict in the verdict.
– The fakeness of the presented documents should be proven in the next court, or its validity should not be confirmed.
In case these cases occur, a person can file a complaint against the final judgment issued by the Court of Justice and request the reinstatement of proceedings.
Considering that retrial in the Court of Administrative Justice is a specialized matter, this process should be done by a lawyer of the Court of Administrative Justice. Complaints are handled in this court without the presence of the parties. Therefore, the complaint will be examined only in terms of form and will not be considered in terms of content.
According to the cases mentioned above, the Administrative Court of Justice does not issue rulings regarding the submitted cases. Except in exceptional cases, therefore, it is not definitive or amenable. The Administrative Court of Justice examines the issued verdict, if it is in accordance with the law and Sharia, it considers the verdict issued by the Court of Appeal to be valid. If the decision issued is contrary to Sharia or the law, regardless of the evidence, i.e. it is in a form that invalidates the decision, the branch of the Court of Justice will overrule the decision in question.
Is the decision issued in the Court of Administrative Justice objectionable?
“If the decision of the Court of Justice branch is issued without the intervention of the interested third party during the trial stage or in a situation where the issued decision has disturbed the rights of the third party, the petitioner can appeal against the decision of the Court of Justice within two months from the date the judgment was issued. »
These objections are raised in the branches handling the case. The branches in question examine the reasons presented and proceed to issue a decision according to them.
In some cases, it is possible that the judge of the primary branch will allow the issuer of the decision to be sent to the appeals branch by the president of the court if he realizes his mistake in issuing the decision. According to Article 75 of this bill, if the judge of the first instance branch realizes his mistake in the issued decision and the case is not sent to the appeals branch, the president of the court will be sent to the appeals branch. In such a situation, the appeals branch declares the number of decisions issued by the primary court as expired.
What are the conditions for protesting a final decision in the Court of Administrative Justice?
It is possible to appeal the final decision of the Administrative Court in 5 cases, which are as follows:
1- The first way of declaring an error is by the judge of the case, based on Article 74 and 75 of the Court of Administrative Justice, the right to protest is declared.
2- If the vote is issued against the law or Sharia, people can file a protest based on Article 79 of the law.
3- There is a request for restoration of dignity in the form of an objection to the final decision of the Court of Administrative Justice based on Article 98 of the law.
4- You can also register your objection through Article 89 when the vote is contradictory.
5-The last method of protesting the final decision of the Court of Administrative Justice is through the third objection of Article 57 of the law.
Regarding the conditions of protest against the final verdict, we must say that after the violation of the verdict, the case is either referred to the issuing court to eliminate the violation by the General Board of the Court of Justice, or it is sent to the preliminary investigation to eliminate the defect. In other circumstances, it is sent to the same branch for general and substantive consideration of the main content of the dispute.
Procedures for Objection to final decision in Court of Justice
Objection to the final decision of the Administrative Court of Justice is in such a way that the case will be sent to the parallel branch or the court for re-examination by the general board after the decision has been violated. The important thing is that in this situation there will be a possibility of protest, revision and appeal for the case.
In this situation, the litigants should act according to the past for the appeal and its formalities. If the appeal petition for the decision issued to the general board or appeal is submitted to the court outside the considered deadline, i.e. 2 months and 20 days, or if the defects in the petition are not corrected within the specified period, this petition will be rejected by the court office.
People who live in Iran can protest and appeal the decision within 20 days and those who live outside the country within 2 months.
How to notify the decision of the administrative court
According to Article 61 of the Law on Organizations and Procedures, after issuing a verdict and registering it in the case, they must notify the parties of the case within 5 days.
The order of handling this objection in the first step after receiving the case to the Supreme Court, the head of the Court of Administrative Justice or one of his deputies refer the case to one of the branches of the Administrative Court in the order of receipt and respecting the turn. In the next step, the necessary checks are done. Except in situations where out-of-hours handling is required. After the necessary review, the branch to which the request is referred issues a final decision based on the violation or approval of the request.
final word
The important thing is that before you prepare and adjust the contract or request, it is necessary to consult with a great and professional lawyer in order to greatly increase the possibility of your success; Therefore, it is suggested that you leave such legal issues to Dadista Law Institute so that you can be at ease about them.
Objecting to a final decision with the follow-up of the lawyers of the court is a very difficult category, which is done by an experienced and professional lawyer in this field. In order to get the desired result, it is necessary to benefit from the guidance of a lawyer.