tv [untitled] June 18, 2023 11:00pm-11:31pm IRST
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a stronghold, and there is hope for you, on the other side of the table , in the eyes of a martyr, i will be with you allahu rahman al raheem. hello, honorable compatriots, ladies and gentlemen. welcome to the journey. perhaps many of you people and audience on the front page do not know that in the islamic republic system, it is possible to oppose the decisions of the highest officials of the country, including the president of the council of ministers and various governmental bodies filed a lawsuit and won a lawsuit and got a verdict and this is an incident that has happened many times and the citizens of ordinary people, i.e. natural persons
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, in other words, have done this and managed to get a ruling from a place in the judiciary, which is called the court of administrative justice, and iran's resolution, perhaps, or a decision, was installed in the governing body. my guest tonight is hojjat al-islam wal-muslimin mozafari. the honorable president of the administrative court of justice is praying in the name of allah, the most merciful. in this opportunity, we can fit some topics
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that the need to be released for the year of my dear people, god willing, but considering that this program is held on the occasion of the judiciary week, which is coming up, the martyrdom anniversary of the great architect of the judicial system of the islamic republic of iran, dr. beheshti, and the islamic resistance, and we are at the service of the people. it is necessary to honor the memory of this honorable person and the companions of imam and imam rahel, all the martyrs who fought for the independence, freedom, freedom and defense of the holy system of the islamic republic and the territorial integrity of this country , and send our greetings easily. it is the week of the judiciary to serve my dear colleagues
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i would like to congratulate the food service system and to the noble and correct and state-oriented iran. very good, thank you very much. let's start with the fact that we have a new law about the administrative court. why was there a need to change the law ? based on the experiences during 40 years and four decades of the life of the islamic revolution and the court of administrative justice which, according to the important principle
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of the constitution to support and protect the rights of the people against the government and the executive bodies of the country , the late ayatollah dr. beheshti and all members experts who are the founders of the constitution it was formed during the time that passed and many times the law of the court was reviewed and amended according to the existing requirements. in order to give the image of people's access to their citizenship rights and to speed up the processing of cases that are raised in the administrative court of justice
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, some changes are made in some of the articles of the administrative court of justice . one of the important things that happened in this change is speed part of dealing with people's complaints about the decisions and opinions of commissions and quasi-judicial boards is good , considering that the history of executive bodies is that people's claims are dealt with in two stages.
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show them that someone is referred to the commission regarding construction violations, article 101 of the municipal law, they are accused of building a structure against the provisions of the permit . once in the first commission, in fact, their defenses are heard, and they become the president. appeal and in the appeal stage again, those three members, one of whom is possibly a judge of justice, a representative of the ministry of interior, and a representative of the city council , are present in the group. these are the mayor's evidence, the reasons that the mayor violated the announcement , and the defense begins .
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al-khal makes a decision, well, until now, before the amendment, if anyone complained about this decision of the commission within three months , it would be heard by the administrative court of justice in the opening phase branch . a person who it was charged that they had the right to appeal from this decision of the commission and the song should be heard again in the appeal stage with the presence of three judges and at least two judges. the decision of the court was to return to another commission or the same commission, and for the second stage , the goals could not be reached with the plaintiff, and he had
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suffered a loss again . the legislature concluded that indeed a matter which there is a precedent in quasi-judicial commissions twice. is there a need to increase the volume of these initial and final stages in the open court, i.e. the preliminary hearing and the appeal hearing , there was really no need for each set of our appeals to be only one stage or two stages because this competition is a judicial review of having in the commissions in the boards of administrative violations of the disciplinary council related to universities and mashallah
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we have a lot of food for the food commissions . for these cases, he wants to be dealt with in the court in one stage, and the court will actually give the first and last words to you in this category at the first opportunity, and clarify the duty of both the plaintiff and the opposite party, and for this reason, in my opinion, one of the strong points of this law is that this action was taken in order to eliminate the delay in the proceedings. we will definitely witness in this department in the future the reduction of the duration of the case in the court . one of the clear points in this series is
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the law of the diwan happened, another very important point i want to combine when the amount they make it natural because i saw some doubts in the cyber space, some people have created mentalities about whether or not to import this issue. this is note 4, article 16 of the new law of the administrative court of justice. see if a person is an employee of a group or not, he is an ordinary citizen who is in the field. so-and-so and the governing organization should have provided services to them. these services were not provided immediately. if
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he applied to the institution, or even if he did not apply , he would naturally find himself in the morning at the administrative court of justice and file a lawsuit. one time in many other cases, in many other cases, if this person were to apply , there is this preparation and legal capacity in that institution to answer affirmatively or deny their request, so what is the need for us open the party to file a lawsuit in court without going to the court itself, reza. therefore, i told you that i have a complaint against you . they didn't read from you first. for example, if
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there is a religion, he pays, or, for example, a declaration that is now official i will send to other people, happy, he will arrange a thousand letters, i have these things from you, i don't give you, well, you don't owe me a military response, i had help, i will kill you, you came and agreed that you will pay the debt of this world, and you did not pay it . this acceptance itself will help me in the proceedings of the judicial authority
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, that is, i am one step ahead . the administrative hand has done the task and the whole fee is requested to be followed up with the guarantee of your implementation record it, it has been officially received, at most three months at most, other laws have provided for a shorter deadline, this deadline, and finally, if it does not have the maximum time and dedicated resources more than us, then i am wondering what should be done, and the legislator will take care of this issue. do you, as the executive body, have the obligation to respond to them, or do you accept their work ? there is no need to go to the administrative court of justice. there is no need to apply for a remedy, which
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is not in accordance with the law . we will not inform them formally and in writing, because based on this, a madman is called a madman. cartoon for the past is this type of answer the open device will be effective in explaining the matter to the relevant shop during the investigation. in a way, the car defense device was provided to this person in advance, and he said, "i don't know you with this defense, and he does not have the right to serve you , and this is a on the other hand, i sometimes have a conflict with that device, and if i complain to them first, they can bypass it, or they can harass me, or they can threaten me, and if i don't show it, i can surprise them where needed. this
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is the condition, that is, if i have no legal channels i will go ahead and plan for it, they may bother me, they may threaten me, or other issues in these cases, how about administrative law issues from the side of our shared device, which is not a device. in the decree, they are the institution obliged by the law to change the status of veterans in the field of nurses. the labor law for nurses foresees this collection that
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the nurse works in the circuit, the institution is obliged to them according to the law and provide the service. done to protect the rights of the workers, they predicted that you, as a foreign traveler, are eligible to be granted the legal rights that you have done and now it is not possible to have a weapon. it is staging, i don't know, the documents
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are destroyed, these assumptions in the executive bodies are really impossible to happen, in the outside world, the power of the hypothesis , in our opinion, will not be a very suitable environment. did not when the administrative court of justice introduces the system to the board of violations of the relevant administrators , it itself accepts the petition of the party and does so immediately. how to prove the object and the way to prove the carpentry machine manually through the mail? through the mail that says if i went to that machine and as a manager or to that relevant department and my request
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was not accepted, i should post a statement, reflect the issue to the manager of the device should demand this and when it gets cold, in fact, the time limit of 3 months starts from the date of receipt of the name or declaration, in the name of the problem, a written answer to them based on the documented and well-reasoned provisions of all aspects of the case is foreseen. first of all, a large part of the people who first referred to the court and in various proceedings in this cycle of proceedings will not be required to appear in the court, they will directly meet with the law, this experience has shown that this will happen, that this right
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to demand monitor people, inspection organization the whole country should monitor, the regulatory authorities should monitor that the devices respond to this legal obligation as a citizen's right . the answer is outside of the content of the response. the fact that you make the system accountable to the people according to two important legal principles, the principle of accountability and responsibility of the two systems is one of the important principles of all rights in the field of
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administrative law. they are the servants of the people to be responsible and answerable in this law, i wanted to predict that this will not only add to the process and cycle of proceedings , it will shorten part of the process and facilitate people's access to their own rights. or, in any case, these experts, sitting in this set of legal obstacles and duties, violate the law, and the legislator has foreseen the necessary actions, and the court is in its place , there is a way to refer to the court, but the fact of the matter is that the legislator's purpose is actually to add this note to article 4. o who in the position of acting
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if necessary, we should go directly to the judicial authority, go to the party, and maybe the first step will happen to the party, and the party has its own legal right to give some points about the situation. for repairs and changes, it is in the approvals of the supreme council of the cultural revolution and the supreme council. the virtual space of the court will not be accessible anymore. what was the logical basis of this law? i will tell you what the reasons were. then it will go back to the honorable majlis of the islamic council, that is, they had a legislative authority for themselves, and finally they became competitions
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based on necessity and importance. it is in the position that decisions in order to speed up the implementation of the policies that are urgent and have a significant impact on the society, the supreme council of the cultural revolution has to leave this cycle of judicial supervision , not be included in this process and quickly implement this policy making, in fact, in the scope of the legislative calendar. it has come to the conclusion that their rule in this field, give the answer that what were the reasons that you have, this proposal was actually not in the court, but at the same time, we noted in the explanation of the issue in the legislative process in the legal and judicial branch of the parliament. which is against the constitution of all government departments
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it should be monitored if exceptional cases due to the reasons that the legislator himself has definitely explained to himself, in this law the most important approvals of the council of the supreme council of the cyber space and the supreme council of the cultural revolution in line with policy making in the field of securing part of the approvals the cultural revolution council will not be good at entering the women's field. their competence is either a part of the expert body or the councils that are a subset of the supreme council of the cultural revolution. among the professors there, the legislator is between what ? it is not like shura ferangi there was a special exception of the supreme council of cyber space, but their
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subgroups are actually still under the umbrella of judicial supervision of the court of justice, with the same history, according to the recommendation of the honorable former heads of the judiciary and the current honorable head of the judiciary, according to the reasoning that existed. we tried not to enter the court of justice in this field in the form of substance, it was not like today, but it was officially included in the law and objectivity was actually given to the discussion of the immunity of the supreme council of the cultural revolution for the reasons that some of them mentioned, but definitely the dollar is beyond that in the area of responsibility it's not me and this matter came in, but it was necessary to explain that in the field of policy making in the country's cultural issues, in the area outside
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of this term, the duties and powers, as well as the cities and various departments under the cultural revolution council and the supreme council of cyberspace and fortunately, this picture was taken and the court of nabafth said that if there is a complaint about the approvals of the supreme council of cultural revolution and also the supreme council of cyber space, it should be investigated first and it needs to be dealt with in the capacity of dealing with equal legal duties and monetary policies drawn up by the supreme leader in this regard. they moved aside conducting communication tests for everyone, in fact, our devices do not have the right to enter , but outside of the powers and limits that the legislator and general policies have defined to explain and draw , the court will definitely fulfill its legal duty, an operation that still
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, if a resolution in the supreme council of the cultural revolution and if the supreme council of cyberspace has gone beyond their duties and powers, they can file a complaint and the administrative court of heaven can enter it . it is very good. i will leave it with me in a few years the presence of one of the cases that will speed up the people to easily reach their rights in the hands of the sovereign is an image in article 11 of the law that obliges the institutions
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to attend. the court of first instance and appeal is the one that deals with the case of individuals or a person comes to an institution to file a lawsuit, but there is another department called the specialized boards and the general board of the administrative court of justice . i deal with government regulations and governance it is a group format and it is considered in a parliamentary manner, and if it is against the law , it is beyond the scope of the authority of the approved authority , and the decision is annulled.
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it is possible, then, in fact, if someone has a problem with the behavior of an organization and has a complaint, it will be brought to the branches, if it is based on the approvals, or in the general board, in case of complaints, the legislator said that every person should be, that is, i am a type, if he works in the organization or not. i am applying to get a permit for his mother's milling machine from the municipality the municipality gives the building permit in any way, it says that you are qualified, that's why we can't issue the permit based on the same note 4 of article 16
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. the legal privilege that the applicant is actually looking for, i do not have the title that the decree is against the law and the right to sue is equal to the constitution for the members of the iranian nation in the court. cabinet of ministers the executive bodies of the governing body, non-governmental public institutions and all the administrative departments of the legislature, the judiciary, the organizations of the so-called armed forces are among the following cases under the jurisdiction of the court of administrative justice and on a case-by-case basis
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