Critique of article 12 of the administrative offenses trial law with a fair trial approach

According to article 12 of the administrative offenses trial law, administrative authorities can apply some of the punishments mentioned in Article 9 of this law directly and without referring to the Administrative offenses trial boards in the case of offender employees. However, there are ambiguities regarding the observance of the provisions of the administrative offenses trial law and its executive regulations and the adherence to the principles of fair trial in the application of punishment by administrative authorities. Therefore, the main question of this research is dedicated to the defects and shortcomings of this article. The findings of the present study, using library and documentary sources and descriptive and analytical methods, indicate that the provisions of the legal article in question, due to violation of employee defense rights, violation of the principle of neutrality of administrative authority, violation of the principle of reasoning and documented decisions Restriction of the right to appeal, inappropriate punishment, does not comply with the principles of fair trial and can lead to the violation of the rights of employees in the application of punishment by administrative authorities. Therefore, it seems necessary for the legislature to intervene to eliminate the legal gap or to extend the requirements and principles applicable to the Administrative offenses trial Boards to impose administrative penalties by administrative authorities in the relevant regulations.