Document Type : Original Article
Authors
1
Ph.D. Student in Private Law, University of Qom, Qom, Iran
2
Associate Professor, Department of Private Law, Faculty of Law, University of Qom, Qom, Iran
10.22034/qjplk.2025.2070.1858
Abstract
The Supreme Administrative Council of the country, with the aim of "eliminating discrimination, establishing an efficient administrative system, and enhancing citizens' rights," has issued a resolution titled "Citizens' Rights in the Administrative System," which in parts addresses the need for compensation for damages. This paper examines the conformity of the resolution with the legal scope of the council’s authority and whether the damages mentioned fall under contractual damages or are classified as non-contractual damages, obligations outside contracts, or tort liability. Additionally, it seeks to determine which administrative contracts are covered by this resolution and whether the resolution has any substantive benefits or outcomes at all. These issues challenge the purpose and effectiveness of such regulations, as the failure to address these matters appropriately could render the resolution ineffective, useless, or even harmful. Therefore, it is crucial to find ways to reform such regulations, as their primary goal is to quantitatively and qualitatively improve the administrative system. This article, employing a descriptive-analytical method, aims to contribute to achieving this goal. Based on the findings of this research, the Supreme Administrative Council, in the mentioned resolution, has expanded both the administrative and penal jurisdiction beyond its legal authority and, contrary to established principles, has validated undetermined conditions. Furthermore, the resolution lacks both comprehensiveness and exclusivity, making its amendment and correction a necessary step.
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