Click for new scientific resources and news about Corona[COVID-19]

Paper Information

Journal:   AZAD LEGAL RESEARCHES   FALL 2008-SUMMER 2009 , Volume - , Number 4; Page(s) 51 To 69.
 
Paper: 

A CRITICAL STUDY OF NUMBER 1373/11/29-146 VOTE OF THE GENERAL ASSEMBLY OF CAJ IN COMPETENCY OF COURT OF ADMINISTRATIVE JUSTICE IN INVESTIGATING COMPLAINTS OF FIRM OF FOUNDATION OF JANBAZAN AND MOSTAZAFAN

 
 
Author(s):  ANSARI ALI, RAJI SEYYED MOHAMMAD H.
 
* 
 
Abstract: 

In 1373. the General Assembly of CAJ in the vote of process unity of Number 146 considered the firms of Foundation of Janbazan and Mostazafan as governmental firms and did not recognize its jurisdiction based on the Constitution the Article 173 and the Act of CAJ (approved 1360) the Article II (the Act of CAJ that approved in 1385 the Article 13) for investigating their complains. This process has considered by the Public Council and the branches of CAJ.
This vote is possible to survey in two aspects: competency of C AJ in investigating the complaints of governmental firms and reasoning of CAJ that the firms of Foundation of Janbazan and Mostazafan are governmental. This article examines briefly the first subject and the second subject in detail. After examining the legal essence of firms of Foundation of Janbazan and Mostazafan as a public non-governmental institution and with considering different regulations, it is identified that firms of Foundation of Janbazan and Mostazafan are neither governmental firm nor public non-governmental institution. Consequently, CAJ has competency to investigate the complaints of these firms against governmental companies like other individuals of private law. As a result. the vote of CAJ broke the rights of these firms in referring to and complaining in CAJ, that it is against the applicable law, and legal principles and measurements.

 
Keyword(s): PUBLIC NON-GOVERNMENTAL INSTITUTION, GOVERNMENTAL FINN, COURT OF ADMINISTRATIVE JUSTICE, COMPLAINING STATE AGAINST STATE
 
References: 
  • ندارد
 
  Persian Abstract Yearly Visit 77
 
Latest on Blog
Enter SID Blog