Principles Governing Citizens’ Defense Rights before the Article 77 Commission of the Municipalities Law

Saeideh Shekari; Fereydoon Nahreini; Hasan Mohseni; Vali Rostami

Authors

Saeideh Shekari PhD Student, Department of Private Law, University of Tehran, Kish Campus, Tehran, Iran Author https://orcid.org/0009-0004-2190-5367
Fereydoon Nahreini Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Corresponding author https://orcid.org/0000-0001-8548-0282
Hasan Mohseni Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Author https://orcid.org/0000-0001-5930-9035
Vali Rostami Professor, Department of Public Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran Author https://orcid.org/0000-0002-2421-886X

Keywords:

Article 77 Commission, defense rights, citizenship rights, fair trial, quasi, judicial bodies, law

Abstract

The Article 77 Commission under the Municipalities Law, as one of the most important quasi-judicial bodies, plays a decisive role in resolving financial disputes between municipalities and citizens. Nevertheless, the observance of taxpayers’ defense rights in proceedings before this Commission has consistently faced both theoretical and practical challenges. The principal issue is the extent to which the principles of a fair trial, particularly citizens’ defense rights, are guaranteed within the structure and functioning of the Commission and what legal and procedural gaps remain in this regard. The present study aims to explain and analyze the principles governing citizens’ defense rights before the Article 77 Commission on the basis of Iranian legal norms and standards. The research employs a descriptive-analytical method and relies on library-based and documentary sources, including statutes, unifying precedent decisions, and legal doctrine. The key findings indicate that, despite the Commission’s quasi-judicial nature, fundamental principles such as the right to be heard, the adversarial principle, and the right of access to legal counsel can be identified and asserted as minimum defense rights of citizens. This study is conducted with the aim of providing, for the first time, a coherent examination that precisely identifies these principles within the framework of domestic law, diagnoses the deficiencies of the existing adjudicatory process, and emphasizes the necessity of structural and procedural reforms to ensure greater compliance with the requirements of fair proceedings before this important body.

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