Volume 26, Issue 96 (winter 2021)
__Judicial Law Views __2012__, 26(__59__): __224132 |
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shariat bagheri M J, KURD FIROUZJAEI M. Substantive trial in The Administrative Justice Tribunal. دیدگاههای حقوقی 2021; 26 (96) :113-132
URL: http://jlviews2.ujsas.ac.ir/article-1-1559-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1559-en.html
1- University of Judicial and Administrative Services , shariat.bagheri@ujsas.ac.ir
Abstract: (1884 Views)
In the new regulations of the Administrative Justice Tribunal, substantive proceedings were also brought in proceedings, which are the innovations of the Code of the Organization and the Rules of Procedure of the Administrative Justice Tribunal. The new lawmaking approach in the new law is the possibility of complete administrative litigation in the Administrative Justice Tribunal, which requires substantive and procedural trials. Due to the specialized and technical nature of the Administrative Justice Tribunal, as well as for the In-person hearing in the Tribunal and the issuance of firm votes, the expert opinion is sought for substantive proceedings in some cases, optional and essential in some cases. However, there are limits to substantive trials in the Tribunal. Including the fact that the Tribunal does not have the capacity to determine the number of damages after the finding of the violation as the first pillar of civil liability, The Tribunal does not have jurisdiction to determine the number of damages, but the proof of the occurrence and extent of the damage and attributing it to the party complained as the remaining elements of civil liability are in the general jurisdiction of the General Courts of Justice
Keywords: The Administrative Justice Tribunal, Substantive trial, Procedural trial, Expert opinion, jurisdiction, Complete administrative litigation.
Type of Study: Applicable Research |
Subject:
General Law
Received: 2019/02/27 | Revised: 2022/12/19 | Accepted: 2019/10/15 | Published: 2022/02/20 | ePublished: 2022/02/20
Received: 2019/02/27 | Revised: 2022/12/19 | Accepted: 2019/10/15 | Published: 2022/02/20 | ePublished: 2022/02/20
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