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Feasibility study of determining the administrative offenses trial boards of employees as authority to deal with offenses of faculty members and those subject to the labor law according to government regulations (with emphasis on the judgments of the administrative justice Court)
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Mohammad Nekoee *   |
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Abstract: (495 Views) |
According to the article 18 of the administrative offenses trial law, faculty members and persons subject to the labor law are excluded from this law and will be subject to the relevant regulations. However, the administrative and employment organization of the country by issuing two separate circulars has stipulated that in cases these persons are employed in administrative or managerial positions, the authority for dealing with their administrative offenses is the administrative offenses trial boards of the executive organization of the place of service and their charges will be dealt with according to the administrative offenses trial law. Therefore, the main question of this research is to examine the possibility of determining the administrative offenses trial boards of employees as authority to deal with offenses of faculty members and those subject to the labor law according to government regulations. The present study, with descriptive and analytical methods and using library and documentary sources, after stating the criteria for determining the authority for dealing with administrative offenses in the jurisprudence of the administrative justice court shows that the determination of the authority to deal with the offenses of faculty members and persons subject to the labor law by the government regulations is unlawful and ultra vires and legislator's intervention is necessary to resolve legal ambiguity.
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| Keywords: Faculty members, Administrative offenses, Persons subject to the labor law, Government regulations, Administrative offenses trial board |
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Type of Study: Research |
Subject:
Special
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