Rejection of the request to stop the minister’s order by the Administrative Court of Justice, the latest decision uploaded in the Administrative Court of Justice system regarding the conflict of interest:
The General Board of the Court of Administrative Justice was formed on the date of 1/4/1400 with the presence of the President and the deputies of the Court of Administrative Justice and the heads and advisors and judges of the Court’s branches, and after discussion and consideration, with the majority of the votes, it has decided to issue the following decision.
The vote of the general board
First: According to Article 4 of the Law on Engineering and Building Control System approved in 1374, the employment of natural and legal persons in those technical matters in the construction and urban development sectors that are determined by the Ministry of Housing and Urban Development (the current Ministry of Roads and Urban Development) requires professional qualification. and this qualification is obtained through the issuance of an employment permit, and determining the conditions and procedures for issuing, renewing, revoking and changing professional qualification documents will be determined based on the executive regulations of the aforementioned law. Secondly: According to Clause 5 of Article 2 of the Executive Regulations of the Engineering and Building Control System Law, avoiding simultaneous responsibility for matters that provide grounds and reasons for representing or accepting conflicting interests, including the principles of professional ethics that individuals are obliged to observe in providing their engineering services and based on the final part of paragraph 5, article 2 of the aforementioned regulation, the examples of behavior subject to compliance or violation of the above principles will be based on the code of ethical professional conduct in construction engineering, which after obtaining an opinion from the central council of the construction engineering system organization and legal organizations and The official related to the profession is announced with the approval of the Minister of Roads and Urban Development.
Thirdly: In Clause (A) of Article 1 of the Law on Improving the Administrative Health System and Combating Corruption approved in 2017, corruption is the act or omission of any natural or legal person, including with the aim of obtaining any direct or indirect benefit or privilege by violating the laws and fulfills national regulations or causes damage to property and public interests, such as abuse of office or administrative position and defined
And in the decree No. 12/2/1399-1974 of the General Board of the Court of Administrative Justice, while referring to the aforementioned law, the executive directive of the Minister of Roads and Urban Development is also cited, according to which the simultaneous acceptance of matters that have the basis and causes of representation or the acceptance of conflicting interests. It is forbidden. Based on the above and considering that the Ministry of Roads and Urban Development, in order to determine the examples of behaviors subject to compliance or violation of the principles of professional ethics and to prevent the creation of conditions that cause conflict of interests or cause corruption, according to the executive instructions of paragraph 5 of article 2 The implementation regulation of the Engineering and Building Control System Law numbered 02-100-302708-27-12-1396 has been repeated and the said directive does not conflict with the laws, so it was not found to be invalid. / Mohammad Mossadegh-Chairman of the General Board of the Court of Administrative Justice Join us: @Madeh_33
