Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Administrative violations and the mechanism of dealing with it in Iranian law with a view to a fair trial

Document Type : Review Article

Author
Ali Mohammad Dehghan
Master of Private Law, Faculty of Law, Islamic Azad University, Yazd Branch. (Corresponding Author)
Abstract
Administrative misconduct, while not terrifying in comparison to other illegal acts, such as murder and robbery, should be considered more than other errors in terms of its effectiveness in destroying society and public deviance. This article aims to investigate administrative violations and the mechanism of dealing with them in Iranian law with a view to a fair trial, and with a descriptive-analytical method and in a library. Studies show that the rules of administrative procedure, although originally adapted from civil procedure; But over time, it has gained relative independence. In this regard, the right to a fair trial has been introduced in the system of handling administrative violations and related regulations. Due to some regulations, the procedure can be a useful and efficient mechanism in order to provide judicial protection to the rights and freedoms of individuals. Of course, it is clear that in the absence of precise, explicit, efficient and appropriate regulations to the needs of the day, the administrative court can not fulfill its oversight function. Also, late justice is itself a form of injustice. The ideal judicial structure, then, is to provide a good platform for litigation, litigation, and justice in general in a timely manner. The complexity of administrative proceedings, given the generality of constitutional principles, is something that often confuses the jurisdiction of judicial authorities in implementation, delays the judicial process, and requires a change in the mechanism.
Keywords
Administrative violation
administrative proceedings
fair proceedings
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  • Receive Date 23 December 2021
  • Revise Date 01 January 2022
  • Accept Date 18 January 2022