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Paper Information

Journal:   SCIENTIFIC JOURNAL OF RESCUE AND RELIEF   spring 2018 , Volume 10 , Number 1 (37) ; Page(s) 111 To 124.
 
Paper: 

Jurisdiction of administrative justice court in lawsuit against Iranian Red Crescent Society

 
 
Author(s):  AGAH VAHID*, Abdolhamid Hossein
 
* Allameh Tabataba'i University, Tehran, Iran
 
Abstract: 
Background: Since 1994, Iranian Red Crescent Society was placed among the nongovernmental public institutions according to the “ Act of public NGOs and institutions list. ” Some organizations such as Stock Exchange are not mentioned in this law; nevertheless, non-governmental public institutions outside of this law are included in this legal system. The organizations such as IRCS are under jurisdiction of administrative justice court. According to the constitution, the claims of people against these organizations and judicial supervision over them are within the jurisdiction of the Administrative Justice Court. In this regard, the triple court rules from 1982 to 2013, judgmental procedures, Guardian Council procedures, and doctrine had different approaches and jurisdiction of court have been contradicted. Now, in accordance with Section A, Clause 1 of Article 10 of the Organization Act and Procedure Law of Court, the lawsuit against IRCS has been questioned due to the statement of “ decisions and activities of governmental units including ministries, organizations, governmental companies and institutes, municipalities, Social Security Organization, revolutionary organizations and affiliated institutes. ” Method: Accordingly, in this descriptive-analytical research the laws of Administrative Justice Court, and its branches and General Assembly votes were reviewed. Conclusion: The results showed that regarding the "verbal" and "ultimate" interpretations of Article 10 of the aforementioned law, the former interpretation leads to incompetence and the next leads to jurisdiction of the court. However, the ultimate commentary is in line with philosophy of administrative justice courts, the articles of statute of Red Crescent Society and article 10 of the mentioned law. The administrative justice courts still have enough jurisdictions in lawsuit against Red Crescent Society, although the current procedure is contrary to this issue.
 
Keyword(s): Red Crescent Society,Administrative Justice Court,non-governmental public institutions,statute of Red Crescent Society
 
References: 
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