conditions for filing a complaint in the Court of Administrative Justice
conditions for filing a complaint in the Court of Administrative Justice : Article 173 of the Constitution of Iran acknowledges: In order to deal with complaints and objections of citizens regarding the actions of government units, the officers of these units, as well as the approvals of the said units, an authority called the Court of Administrative Justice has been established. This authority is under the supervision of the judiciary. The limits of the powers and competencies of the Court of Administrative Justice, the manner of filing a complaint in the Court of Administrative Justice, as well as the manner and cost of the court’s handling of claims are determined by law. In this article, be with us by reviewing this complaint registration.
Filing a complaint in the Court of Administrative Justice
As we said in the beginning, based on the 173rd article of the Constitution, a law has been approved under the title of the Law of the Administrative Court of Justice. In this law, the powers and authorities of the court are specified along with the procedure of the court of administrative justice. Therefore, in response to this common question among users that how to register a complaint in the Court of Administrative Justice and its deadline, you should refer to the law of the Court.
Complaints filed in the Court of Administrative Justice
It is enough to review the Constitution of Iran regarding the registration of complaints in the Court of Administrative Justice. In this section, we will mention the cases that can be registered in the mentioned authority if faced with them.
Dealing with complaints and grievances and objections of natural or legal persons, such as the decisions and actions of government units, including ministries, organizations, institutions, state companies, municipalities, social security organizations, revolutionary organizations and institutions, and their affiliated institutions.
Registering a complaint to deal with objections and complaints from the votes and definitive decisions of administrative violation boards and commissions such as tax commissions, labor and employer dispute resolution boards, commissions subject to Article 100 of the Municipalities Law. Exclusively in terms of violating laws and regulations or opposing them.
Dealing with the complaints of judges and those subject to the Civil Service Management Law and other employees of the units and institutions mentioned in paragraph 1. The employees of the institutions for which the inclusion of this law needs to be mentioned. Both national and military in terms of violating employment rights.
In addition to the things we have said above, the cases of filing a complaint, which are heard by the general board of the court based on the law, are specified in Article 12 of the Law of the Administrative Justice Court.
conditions for filing a complaint in the Court of Administrative Justice
The head of the Court of Administrative Justice in a letter to all managers of executive bodies, referring to the new law on the organization and procedure of the Court of Administrative Justice, said about the conditions for filing a complaint in the Court of Administrative Justice:
Before filing a complaint, people must submit their request to the relevant department.
Hojjat al-Islam wa al-Muslimeen Hekmat Ali Mozafari, by sending a letter to the executive bodies, announced the necessity of implementing Note 4 of Article 15 of the new Law on Organizations and Procedures of the Court of Administrative Justice. In this note we read:
In cases where the interested parties request administrative matters from the mentioned institutions, they must first submit their request to the relevant institution. That institution is obliged to register the request and submit the receipt, and notify the beneficiary in writing of the definitive answer within three months at the latest. Failure to respond and refusal to register the application and provide the receipt to the applicant is considered an administrative violation.
The approval of this law obliges the executive bodies. If natural and legal persons have a request from the executive bodies regarding their rights, they should first refer to the relevant executive body. After that and after the necessary period of time has passed, they should refer to the Administrative Court of Justice. Also, the legislator has provided a legal enforcement guarantee for the aggrieved officers if they do not provide an answer.
How to file a complaint in the Court of Administrative Justice
Currently, there are two ways to file a complaint in the Administrative Court of Justice:
Electronic
Betname in the Sajid system of the Court of Administrative Justice
The deadline for filing a complaint in the Administrative Court of Justice in different cases is mentioned separately in the Law of the Administrative Court of Justice. The cost of proceedings in the Court of Administrative Justice is determined by the tariff of judicial services every year.
Get expert advice
You can contact my Vakil Man law firm to receive expert advice from the best lawyers in Iran or refer to the Contact My Vakil section.