A survey on the pillars and structure of administrative courts and compensation for administrative losses in the laws of Iran and Iraq In the protection of civil rights

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Authors

1 Associate Professor, Department of Public Law, Department of Public Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

2 Senior student of Public Law, Department of Public Law, South Tehran Branch, Islamic Azad University, Tehran, Iran

3 PhD in Public Law and Lecturer at Islamic Azad University, South Tehran, Tehran, Iran.

10.30465/cps.2023.44392.3157

Abstract

Administrative losses and losses have been discussed as a part of the administration of affairs and

violation of citizen’s rights paying attention to their compensation in adminstrative law has been accepted in the protection of citizen’s rights in many countries and Iran and Iraq are not exempt from this.In the country of Iran and Iraq,following the acceptance of the theory of fault in private law and criminal law,the administrative fault of government employees is dealt with within the framework of the judicial system and does not remain without compensation.The promblem of loss and damage, in the subject of compensation includes two parts,material and moral damage,which is dealt with in the judicial courts of Iran and Iraq in order to protect the rights of citizens,so the laws of the country of Iraq have many similarities with the laws of Iran in this respect,and the trial court with similar similar elements of Iranian law,it is responsible for dealing with administrative violations and compensating for losses caused by administrative actions to respect the rights of citizens.The purpose of this research is to investigate the compensation of the lossess in the protection of citizenship rights.Base on this the main questions of this list what are the basics of compensation for adminstrative losses and the protection of citizen’s rights?Using library resources and descriptive and analytical methods,while answering the above questions,it was stated that the basis of administrative losses is based on the civil responsibility of government employes,which can have in impact on the realization of citizenship rights,and its impact in undeniable

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