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Governmental Litigation Department

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In the Iranian legal system, natural and legal persons can, in case of violation of their rights due to decisions or actions of government agencies, refer to the competent authorities and file a lawsuit. The lawsuits of these persons against government agencies are divided into two general categories: lawsuits based on the violation of rights and lawsuits based on the annulment of circulars and regulations.

Lawsuits based on the violation of rights

This category of lawsuits is filed when a natural or legal person claims that a right has been violated due to a decision or action of a government agency. The examples of this type of lawsuits are very diverse and include the following:

  • Lawsuits related to the annulment of administrative decisions and actions: These lawsuits include objections to circulars, regulations, government instructions, suspension or cancellation of licenses, dissolution of companies, fines, and etc.
  • Lawsuits related to employment: These lawsuits include objections to the results of employment tests, non-employment, dismissal, claims for salary, overtime, bonuses, and etc.
  • Lawsuits related to administrative contracts: These lawsuits include claims arising from the termination or rescission of contracts, claims for damages, compensation, obligation to perform commitments, claims for payment, and etc.
  • Lawsuits related to public property: These lawsuits include claims related to بیت المال (national lands, natural resources, public lands, and etc.) and claims related to government property (ownership, possession, transfer, and etc.).
  • Lawsuits related to legal persons: These lawsuits include claims related to the establishment, dissolution, and administration of legal persons (registration of companies, institutions, and etc.) and claims related to the commitments and contracts of legal persons (bankruptcy, guarantee, and etc.).
  • Lawsuits related to municipalities: These lawsuits include claims related to building permits (issuance, renewal, cancellation, and etc.) and claims related to fees and تراکم (claiming fees, objecting to fee rates, and etc.).
  • Lawsuits related to taxes: These lawsuits include claims related to the assessment and collection of taxes (objection to the assessment form, tax installment, and etc.) and claims related to tax offenses (exemption from fines, retrial, and etc.).
  • Lawsuits related to social security: These lawsuits include claims related to retirement pensions (establishment, increase, and termination of pensions) and claims related to compensation for sick leave and maternity leave (claiming compensation, and etc.).
  • Lawsuits related to the Court of Exchequer: These lawsuits include claims related to budget items (objection to budget items, and etc.) and claims related to auditing (objection to the audit report, and etc.).

Lawsuits based on the annulment of circulars and regulations

This category of lawsuits is filed when a natural or legal person claims that a government circular or regulation is is against the law or Sharia and requests its annulment. The examples of this type of lawsuits include the following:

  • Lawsuits related to inconsistency with the law: These lawsuits include inconsistency with the constitution and inconsistency with ordinary laws.
  • Lawsuits related to non-observance of legal formalities: These lawsuits include non-observance of the general principles and rules governing the approval of circulars and regulations and non-observance of the specific formalities stipulated in the law for the approval of circulars and regulations.

Governmental Litigation Department

The team of experienced lawyers of Gersha Legal Group is ready to serve you.
You can contact our experts right now to receive advice.

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