نوع مقاله : مقاله پژوهشی
نویسنده
کارشناسی علوم اجتماعی گرایش پژوهشگری و دانشجوی کارشناس حقوق، مؤسسه آموزش عالی فاران مهر دانش، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Execution of the verdict is considered as the ultimate goal of a fair trial, and achieving this requires comprehensive and complete investigation and understanding of the subject, concepts, and principles governing it. Based on this, the Administrative Justice Court is facing various challenges in the correct implementation of its rulings. The government, as a defendant against the rulings of the court, is considered an important challenge in the proper implementation of the rulings of the aforementioned authority. Since the most important stages of proceedings in all judicial authorities is the stage of execution of the judgment and basically the goal of the petitioner, the plaintiff and in general every beneficiary of the lawsuit, as well as the attention of the judicial system to the lawsuit and compliance with the related legal principles and formalities, is the execution of the issued judgment, therefore The realization of the right and the application of justice or the end of hostilities depend on the implementation of the decision. The laws related to the implementation of the rulings of the Administrative Court of Justice are mentioned scattered in articles 107 to 119 of the Organization and Procedure Law of the Administrative Court of Justice approved in 2012, and the big problem that occurs in the implementation of these rulings is that the addressee of the implementation of the rulings of the Administrative Court of Justice, the government and because the government, unlike natural persons, has special authority (based on public interest), the ground is provided for the possibility of non-implementation, incorrect implementation or incomplete implementation of the rulings issued by the Administrative Court of Justice. In addition, the concern of reviewing the execution of the rulings of the Administrative Court of Justice is the existence of many challenges and problems facing this institution, including the reluctance of government officials to properly execute the issued rulings and the lack of a guarantee of sufficient execution in this regard, which without a doubt seriously harms the right of citizens to sue and solutions should be found to solve them.
کلیدواژهها [English]