نوع مقاله : علمی پژوهشی
نویسندگان
1 دانشیار، گروه حقوق عمومی و بینالملل، دانشکدۀ حقوق و علوم سیاسی، علامه طباطبائی، تهران
2 دانشجوی دکتری حقوق عمومی، دانشکدۀ حقوق و علوم سیاسی، علامه طباطبائی، تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Commission on the Status of subterranean waters, with the ratification of the ambiguous 2010 legislation relevant to determination of the status of illegal well, found a legal standing. Apparently, the basic philosophy of the establishment of quasi-judicial authority was to consider and decide on the status of illegal wells before 2006, but in the law of determination for illegal well, the competencies that others also have been added. This research is carried out through analysisand data collection, library and study the judicial decisions. This research aims to identify legal and administrative challenges faced by the Commission in violation of the votes of the commission in administrative justice of court and finding appropriate solutions. The results of the study show that the main challenges for the Commission to decide on the legal ambiguity and lack of competence of the Commission and the soundness of the votes of the Commission document refers. Therefore, the need to uphold the principles of fair trial in connection with the rights of citizens and the need to avoid social and political consequences of water, in addition to removing ambiguity about the jurisdiction of this authority, the Commission shall issue a vote in addition to complying with the legal requirements of the law to determine, consistent layout the administrative justice of Court reasoned issued to breach and violation of the rights of not citizens.
کلیدواژهها [English]
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