چکیده:
One of the most important measures in the direction of restoring public rights is the supervision of institutions that are responsible for protecting and restoring public rights; because the violation of public rights by government officials is also possible in the field of supervision. Therefore, the Court of Administrative Justice, as a judicial institution, must issue appropriate decisions and rulings regarding the violations or negligence of managers of supervisory bodies to compel them to fulfill their legal duties. In the ruling of the preliminary branch, which is criticized in this research, the obligation imposed on the Ministry of Justice and the Prosecutor General's Office in judicial matters does not seem justified; however, the ruling of the preliminary branch to obligate the General Inspection Organization, as a supervisory body subject to Note 3 of Article 6 of the Law on Administrative System Promotion and Combating Corruption, is commendable. Although the ruling of the appellate branch seems justified in rejecting the complaint against the Prosecutor General and the Ministry of Justice, it is objectionable regarding the rejection of the complaint against the General Inspection Organization. Furthermore, the reasoning of the appellate branch regarding the impossibility of determining the status of supervisory bodies is in conflict with current constitutional principles.
خلاصه ماشینی:
It is noted that by submitting the petition, the plaintiff has requested to obligate the parties to the complaint to perform their legal duties based on reporting a crime against the Bar Association due to the failure to register the stages of obtaining licenses in the "Iran Mojavez" system, subject to Article 3 of the Law on Improving the Health of the Administrative System and Combating Corruption.
Third, given that according to the aforementioned articles, supervision over compliance with laws and regulations and the obligation of entities to perform the duties mentioned in the first clause falls upon the Prosecutor General of the country and the Ministry of Justice, and considering that performing these actions leads to creating transparency and accountability of the aforementioned entities, helps in observing public rights and preserving the legitimate rights and freedoms of citizens, and on the other hand, provides the necessary grounds for the realization of the rule of law, it is possible to accept the plaintiff's request.
"; second: the Uniformity of Precedent rulings No. 2872-98/10/10 and No. 266- 99/2/16 issued by the Honorable General Body of the Court of Administrative Justice have emphasized the status of the complainant as an interested person and its observance by the branches of the Court; third: pursuant to Article 290 of the Criminal Procedure Law and its regulations passed on 2015/06/22, "The Prosecutor General of the country is obligated to investigate and supervise, through competent domestic, foreign, or international authorities, public crimes that require the filing of a lawsuit.
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