Knowing about the powers of the Administrative Court of Justice allows us to perform better in dealing with our legal issues. Divan Court is a judicial authority that was established to deal with complaints and disputes of people with government bodies. In the Administrative Court of Justice, a judge issues the final verdict after reviewing the explanations and documents of both sides.
The Court of Administrative Justice and its duties are an important part of the legal and judicial system, which was created to protect people’s rights and handle complaints. Here, we have reviewed the powers of the Court of Administrative Justice and the duties of the Court.
What is the Court of Administrative Justice?
According to Article 173 of the Constitution, to deal with people’s complaints, disputes, grievances and protests against the units, officers or any of the regulations of the government departments, as well as the rights of the people, Diwani It has been formed under the name of “Administrative Justice Court” which is under the supervision of the head of the judiciary.
In 2012, a law on the organization and procedure of the court was approved and it has been in force until now. According to this law, the Court of Justice is a judicial authority and is based only in Tehran and is composed of primary, general, appeal and specialized branches. Of course, it should be mentioned that in order to facilitate people’s access to the court and its services, the offices of this authority have been established in the capital of the provinces.
The limits of the powers of the Court of Administrative Justice, based on Article 10 of the Court, to deal with complaints and grievances and objections of natural and legal persons from the decisions and actions of government units, which include ministries, organizations and institutions, and the decisions and actions of the officers of these units, handling complaints about votes and violations and The final decisions of administrative violation boards and commissions.
The deadline for filing a petition in the Court of Justice is three months for people inside the country and six months for people outside the country from the time of the notification of the decision regarding the final decisions of the violation boards and commissions. Criticizing the jurisdiction of the Court of Justice and the jurisdiction of the courts can have a significant impact on the better performance of this authority.
What cases are investigated in the Court?
Among the cases that are examined in the court and are under the authority of the administrative justice court include legal rulings. These legal rulings are:
– Judgments issued by appeals courts, rulings related to marriage and also its annulment, divorce, descent, waqf and hajr.
– The judgments related to the court of first instance where the amount requested is more than twenty million rials and the judgments related to the principle of marriage and its annulment, descent, divorce, hajr, thulth, waqf and imprisonment of the court of first instance which have been finalized for reasons such as the lack of appeal.
Also, criminal court cases may also be examined in the Court of Justice, which include:
Sentences issued by Criminal Court No. 1 and sentences issued by the Revolutionary Court Division for crimes punishable by amputation, deprivation of life, life imprisonment or imprisonment of the third degree or higher, as well as intentional crimes against bodily integrity, the amount of which is equal to half of a full payment. or more than that, it is dealt with by several judges, they can be placed in the court for appeal review.
After filing a petition and creating a case in the Court of Justice, you will receive an SMS containing the case number. After that, you can pursue the complaint case in the Court of Justice through the Sana system.
It is also worth mentioning that in order to avoid wasting time and spending a lot of money to follow up and deal with your cases in the Court, you can get help from a Court of Justice lawyer. The lawyers of the Court of Justice have sufficient experience and knowledge and are also allowed to enter this court.
Who supervises the performance of the Administrative Court of Justice?
As it was said earlier, a department called the Court of Justice has been created to deal with cases of administrative problems. The person who runs this court is called the President of the Administrative Court. His duty is to monitor the rules and regulations of this court and make decisions about issues related to this center.
The head of this judicial center is able to choose people as his advisers and deputies at his discretion, who can help him in dealing with this center and performing the powers of the Administrative Court of Justice. The Court of Justice is the highest authority among judicial authorities, and the process of its cases is very complex and extensive and requires a lawyer of the Court of Justice.
The head of the Administrative Court of Justice has a main and fundamental role in the administration of this center, and in order to perform this task properly, he needs special characteristics. This person is determined by the judiciary and must meet the following conditions:
– Have experience in judicial fields. Familiarity with the mechanism of the jurisdiction and sufficient experience in this field is one of the most important characteristics of a suitable president for the Court of Justice. In this way, he can use his experience and background to solve problems in necessary situations.
– Have a doctorate or seminary degree. Having a proper degree shows the level of knowledge and knowledge of a president who can properly supervise the court of justice.
– Be committed to the ideals of the revolution and religious authority. Having a personal commitment to the ideals of the revolution and also the legal authority is another important condition that should be one of the characteristics of the head of the court.
After being elected by the judiciary, the head of the court will be in this position for four years and will deal with the affairs of the court and the jurisdiction of the courts.
What are the powers of the Administrative Court of Justice?
The Court of Administrative Justice is one of the most important judicial authorities in the country and has important powers that we have mentioned here:
– Dealing with complaints made against the actions and decisions of government agencies such as ministries. In this way, people can defend and demand their rights at any time.
– Dealing with complaints arising from the actions and decisions of officials of government departments, government agencies and ministries. The officers are obliged to serve the people, and people can refer to the Administrative Court of Justice to file a complaint if they see violations.
– Dealing with people’s complaints and objections about votes as well as final decisions of boards, commissions and councils that are established based on various laws in ministries, government departments, organizations and municipalities and deal with specific cases; Such as administrative violation boards, Article 100 commission of municipalities, etc.
– Dealing with complaints related to by-laws and approvals and other governmental and municipal regulations and systems that are against the law or Shariah and outside the scope of the powers of the executive branch.
– Dealing with the complaints of employees and judges that include the country’s employment law and other employees of institutions and units (group, rank, base, promotion, grade, right to work, place of service, leave, mission, disability, dismissal, retirement, redemption, etc.) .)
Based on the mentioned cases, it can be concluded that the Court of Justice is a very important and sensitive department in the country. This is the reason why it needs careful supervision by an experienced and competent person like the head of the court. Unfortunately, most people in the society are not familiar with their rights. But it should be said that people have a very important role in monitoring and can help the relevant officials with complaints and criticisms to amend the laws.
final word
The cases that are sent to the Court of Administrative Justice usually have a long process due to the high volume of petitions. Also, since ordinary people are not allowed to enter the Court of Justice, people should get help from a court lawyer to deal with their legal issues and follow up on cases.
If you are also looking for an experienced lawyer, you can get help from Dadista Law Institute. Dadista’s professional consultants and lawyers can bring your cases to the court to the best result you want. It is enough to refer to the Dadista website or call the numbers of this institution to benefit from the advice of its expert lawyers.
By consulting an Administrative Court of Justice lawyer, move your complaint cases in the Court of Justice towards the result you want. Take advantage of their knowledge and experience by consulting with attorneys for more information. Dadista lawyers can advise you in all areas, such as court cases or getting help from a lawyer to reduce the punishment for hoarding or any other issue, and get the result you want. These lawyers will provide you with the best solution by knowing the powers of the Administrative Court of Justice and all kinds of notes.