Majlis and Rahbord

Majlis and Rahbord

Review of the Law on dealing with Administrative Violations and Criticism of It, regarding the non-observance of fair tnal principle

Document Type : Research Paper

Author
PhD in Criminal Law and CriminAssistant Professor, Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iranology
10.22034/mr.2025.18010.6070
Abstract
Handling administrative violations of employees is a type of administrative proceedings that is carried out by specialized authorities, called "Administrative Violation Boards". By approving the Law on Handling Administrative Violations, approved on 1994/02/13, the legislator has been trying to determine the instances of administrative violations and to consider specific administrative penalties for violating employees, so that it can achieve goals such as legal action against law-abiding employees, prevention of administrative violations, and ultimately the excellence of the country's administrative system. In the implementation of the aforementioned law, issues such as the organizational and structural dependence of the investigating authorities on the executive bodies, the lack of independence and departure from the impartiality of the investigating authority, the dependence of the research group on the executive bodies, the lack of specific procedural rules, the granting of special powers to some executive and administrative officials in the field of punishing employees even without going through the trial process, and the inequality of the parties regarding the means and facilities of defense have challenged the observance of some of the most important principles of trial, including fair trial. Therefore, it seems that the aforementioned law, after more than three decades since its approval, requires serious reform and revision. In this study, using a descriptive-analytical method and using library resources, we will identify, examine and criticize the most important challenges and cases that will cause the lack of observance of fair trial in the aforementioned law, and finally provide the necessary solution.
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Articles in Press, Accepted Manuscript
Available Online from 22 November 2025