A Feasibility Study on The Administrative Prosecutor

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.