An Analytical Critique of the Right to Compensation for Declared Damages in the Citizenship Rights Bill within the Administrative System

Document Type : Original Article

Authors

1 Ph.D. Student in Private Law, Faculty of Law, University of Qom, Qom, Iran

2 Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran

Abstract

The Supreme Administrative Council of the country has issued a resolution titled "Citizenship Rights in the Administrative System" with the aim of "eliminating discrimination, creating an efficient administrative system, and enhancing citizens' rights," which addresses the necessity of compensation for damages in certain sections. An examination of the alignment of this resolution with the legal powers of the Council, as well as an investigation into whether the declared damages in this resolution are considered contractual damages or fall under non-contractual damages and extra-contractual obligations, and the determination of which administrative contracts are subject to this resolution, raises critical questions about the purpose, objectives, and effects of these regulations. If these matters are not adequately addressed, the resolution may become ineffective, pointless, or even harmful. Therefore, it is essential to seek solutions to amend such regulations, whose primary goal is to improve the administrative system both quantitatively and qualitatively. This paper employs a descriptive-analytical method to take a step toward achieving this goal. Based on the findings of this research, the Supreme Administrative Council has expanded its administrative and penal jurisdiction beyond its authority in the aforementioned resolution and, in some cases, has deemed the uncertain condition option valid, while its provisions are neither comprehensive nor sufficient. Thus, it is necessary to amend and rectify its shortcomings.

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Main Subjects

References

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Public Law Knowledge Quarterly
Volume 14, Issue 3 - Serial Number 49
September 2025
Pages 27-52

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History

  • Receive Date: 10 October 2024
  • Revise Date: 26 November 2024
  • Accept Date: 08 July 2025

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