Conditions of complaints from the municipality to the Court of Administrative Justice

Complaint to the municipality: The municipality, as an institution and body, has the responsibilities and powers to make the city healthy and maintain social order. At the same time, the duty of the municipality is to create a suitable environment for citizens to enjoy a healthy life, and for this purpose, it has legal powers. It is obvious that the implementation of relevant laws and regulations is mandatory for the municipality and it cannot act against them.

But in some cases, for any reason, the municipality may take actions against administrative laws and regulations. In this case, the possibility of suing the municipality can be considered as an effective way to achieve the desired legal right. In this article, our aim is to examine the methods of complaining about the municipality in the Court of Administrative Justice.

However, it should be noted that the method of complaining to the municipality has not been determined in a unique and fixed way. This complaint may be made in different authorities depending on the subject of the complaint. Some of the methods of complaining to the municipality are:

۱٫ Judicial complaint
۲٫ Administrative complaint
۳٫ Internet complaint
۴٫ Complaint in person

Keep in mind that the complaint follow-up procedure will also be different depending on the authority to which the complaint is sent. In any case, if the need arises, it is better to consult a lawyer or an expert legal advisor to get the necessary guidance to file a complaint against the municipality.

 Complaint to the municipality

At the beginning of the article, our aim is to examine the complaint against the municipality in the Court of Administrative Justice. But before entering the main discussion, we need to fully examine all types of complaints from the municipality. Complaints on different issues can be registered and followed up in different authorities. Depending on the chosen authority, the complaint method, application registration system and follow-up method may be different. The references that exist to complain to the municipality are:

۱٫ Court of Administrative Justice: In this authority, complaints related to actions and decisions against the municipal law, annulment of approvals outside the municipal law, objection to the decisions of the municipal commission in Article 100, non-issuance of a building permit despite the availability of legal conditions, and annulment without a permit The permits issued by the municipality are reviewed.

۲٫ Criminal Court: If the violation of the municipal law is considered a crime and a punishment has been determined for it, the complaint can be referred to the Criminal Court.

۳٫ Other authorities for complaints against the municipality: In addition to the administrative court and the criminal court, complaints against the municipality due to violations of legal provisions by this institution may be referred to some other authorities. These authorities include the Ministry of Interior and the relevant governorate.

In short, to complain to the municipality, it is necessary to choose the appropriate authority based on the subject of the complaint and familiarize yourself with the relevant methods and processes. Also, if needed, it is better to consult a lawyer or a specialist legal advisor to get the necessary guidance in this field.

Complaint against the municipality in the Court of Administrative Justice
At first, we should point out that the municipality as an institution is responsible for planning and implementing projects and programs that are carried out in order to settle and improve the living conditions of citizens in the city. However, if the decisions and actions of the municipality and its employees cause objections by natural and legal persons living in the city, they can file a complaint in the Administrative Court of Justice and, through the necessary follow-up, achieve the execution of the judgment against the municipality.

Most of the complaints related to the municipality fall under the jurisdiction of the Administrative Court of Justice. In two cases, the complaint against the municipality can be examined in the Court of Administrative Justice. These two modes are:

۱٫ If the performance of municipal officials and managers is against the rules and regulations of this organization.
۲٫ If some municipal approvals are illegal and invalid.

Therefore, in these two cases, the General Board of the Administrative Court of Justice is responsible for examining the complaints of natural and legal persons. According to the legal requirements and based on the principles of justice, this board investigates the complaints and makes the necessary decisions.

Filing a complaint against the municipality in the Court of Administrative Justice

The way to file a complaint against the municipality in the Court of Administrative Justice is based on Article 16 of the Law on Civil Procedure and Organization of the Court of Administrative Justice. According to this legal article, people must follow a path to file a complaint. This complaint is made as follows:

۱٫ First, they must write their petition according to the announced rules and regulations.
۲٫ Then send this petition to the court through the Sajid system.
۳٫ To follow up matters in the court, a person can enter his user account in the judicial electronic notification system. By entering the court section, enter your case number and receive the progress of the case.
۴٫ After sending the complaint petition to the Court of Administrative Justice, the petition is usually sent to the secretariat.
۵٫ The said petition will be examined in the secretariat in terms of possible defects and the jurisdiction of the court.
۶٫ If the said petition does not have any defects, it will be sent to one of the branches for consideration through the president of the court.
۷٫ After sending to one of the branches, the judge of the branch usually examines the case and deals with it.

It should also be noted that when filing a complaint against a municipality in the Court of Administrative Justice, the proceedings are conducted in absentia, and an in-person meeting is held only in cases where the judge deems the presence of the parties necessary.

Complaint procedures against the municipality in the Court of Administrative Justice

In this section, we describe the procedures for filing a complaint against the municipality in the Administrative Court of Justice. These steps are:

۱٫ Creating a profile in the Sana system and the Sajid system: first, you must create a personal profile in these two systems.

۲٫ Submission of a petition to complain to the municipality: At this stage, you must prepare and submit your petition to complain to the municipality. This petition must include a detailed description of the subject of the complaint and its reasons.

۳٫ Sending the petition to the Secretariat of the Administrative Court through the Sajid system: After preparing the petition, you must send it to the Secretariat of the Administrative Court through the Sajid system.

۴٫ Paying the cost of the complaint proceedings in the Court of Administrative Justice: To continue the complaint proceedings, you must pay the relevant court fees. This fee may include filing fees and other costs.

۵٫ Follow up the case by checking the messages in your profile in the Sajid system: after submitting the petition, you can follow up your case by logging into your personal profile in the Sajid system and by reading the relevant messages and notifications, you will be aware of the progress of the case. .

۶٫ Objecting to the decision or using the deadline for resuming the proceedings in the Court of Administrative Justice: If you disagree with the decision issued by the Court of Administrative Justice, you can express your objection and, if necessary, use the deadline for resuming the proceedings.

۷٫ Receiving a final decision from the judgment enforcement and execution unit: Finally, after the end of the complaint hearing, you will receive the final decision of the Administrative Court of Justice. If you ignore the issued sentence, the sentence enforcement unit is responsible for its execution.

Note that the last two steps cannot be done for you in case of a verdict that contradicts the subject of your complaint. In this case, you must adhere to the court’s decision and comply with its executive regulations.

Execution of the verdict in the complaint against the municipality

In this section, we will examine the details of the execution of the judgment against the municipality after the complaint in the Administrative Court of Justice. According to the relevant laws, the execution of the judgment against the municipality does not include confiscation of movable and immovable property of the municipality in order to pay possible damages.

This means that the municipality can only pay the amount of damages or fines from the budget revenues of the current year or the next year. However, it should be noted that this law is only applicable for one year and if after this period the compensation has not been done, the property will be confiscated and in other words the judgment will be enforced against the municipality.

In the end, it should be mentioned that failure to implement the order by the mayor will result in him being exempted from his service for one year. This point is also significant.

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