Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Compensation for damage caused by the government's civil liability in the light of the approach of the Administrative Court of Justice

Document Type : .

Authors
1 Ph.D. Student in Public Law, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
2 Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3 Assistant Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
10.22034/ejs.2023.414995.1543
Abstract
Background and purpose: Compensation for damage caused by the government's civil liability is one of the issues of place and debate. The purpose of this article is to compensate for the damage caused by the government's civil liability in the approach of the Administrative Court of Justice.
Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The jurisdiction of the Administrative Court of Justice in dealing with civil liability claims of the government is limited and it can be considered as an inherent and special jurisdiction before the courts of justice. As a result, the jurisdiction of the court in dealing with the civil liability of the government is with the court until the decision is issued on the occurrence of a violation, and it has no jurisdiction in determining the amount of damages, and the determination of the amount of damages is with the public court. The opinions issued show that there is no uniform procedure in the courts regarding the jurisdiction of the Administrative Court of Justice.
Conclusion: The government's civil responsibility is due to the damages it has caused to individuals, and the most important challenge in this field is how to compensate these damages by the government. In fact, compensation from the government requires an explanation of the extent of the government's role in causing damage to the victim and how to prove this issue through compensation theories.
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