جستجوی مقالات مرتبط با کلیدواژه « دادستان اداری » در نشریات گروه « فقه و حقوق »

Today, the protection of the public interest is weakened in some aspects of administrative law. Experience shows that we face gaps at the normative and structural levels in areas such as the handling of case-based government decisions that lack specific stakeholders. In addition, with challenges such as inequality of litigants, obstacles in providing accurate and convincing evidence to the plaintiff, weakness in knowledge of public law and lack of accurate plan of the claim and, consequently, the validity of the final decision and also the lack of proper implementation and We are constantly facing the verdicts in the Court of Administrative Justice. One of the proposed solutions to solve these challenges is the establishment of an administrative prosecutor. However, choosing the best solution is still a matter for reflection, discussion and consideration.The results of the present study showed that in the field of protection of public interests, the development of the concept of beneficiary for litigation in the branches of the Court of Administrative Justice and distance from the concept of beneficiary in private law causes the gaps in litigation in the Court to be largely filled. . In addition, instead of establishing a prosecutor''s office in the Court of Administrative Justice, it is better to entrust the role of protection of public interests to the National Inspection Agency. Considering that the General Inspection Organization has units in all provinces, so in the first place, it is easier for this institution to obtain information about the abuse of public interests in the whole country, and secondly, by granting this legal right. Existing challenges will also be addressed to the National Inspection Agency regarding the possibility of filing a lawsuit in the branches of the Administrative Court of Justice.

The aim of this article is to research the presence of the prosecutor in administrative cases. The question Is the establishment of a prosecution office in the Court of Administrative Justice justified? Our presumption was that, with regard to Iran's legal system and existing issues, the presence of the prosecutor in two areas, Administrative decision’s that has no direct interest and observation of government approvals, is Necessary. Our analyzes based on descriptive- analytical and librarian (while benefiting from the oral explanations of administrative lawyers) showed that according to the principles of the constitution, the establishment of a prosecutor's office in the Administrative Justice Court has a theoretical basis and legal base. Also, although some arrangements in this court are to some extent intended to bring some of the functions of the prosecutor in mind, there is clearly no mechanism for resolving issues in two important areas of administrative decisions without specific interest and observation of government approvals. Therefore, the existence of a prosecutor's office in the Administrative Justice Court is justified in pursuing such cases in the name of society and public rights. In the meantime, any final prescription must be made in the light of the principle of independence of judges and the need to avoid of politicizing of the Administrative prosecutor.