نوع مقاله : نقد رای دیوان عدالت اداری
عنوان مقاله English
نویسندگان English
One of the issues that always puts the collection of bank claims at risk is the departure of the debtor and his guarantors from the country and, consequently, their debt remaining uncollected; for this purpose, one of the measures that the banking network takes against debtors is to prohibit their departure. This prohibition can be pursued by three authorities: criminal authorities in the capacity of issuing a criminal security order, the departments of the execution of official and enforceable documents in the capacity of implementing Article 17 of the Passport Law approved in 1972 and the regulations for the implementation of the provisions of official and enforceable documents, and the Central Bank in the capacity of implementing the bill prohibiting the departure of bank debtors approved in 1979. In the third paragraph, given that prohibiting persons from leaving the country requires obtaining a judicial order, the Central Bank, at the request of the operating banks, requests the prohibition of the departure of debtors from the prosecutor's office, and the prosecutor's office takes action to implement it. Therefore, the nature of this prohibition and the origin of its creation are unclear to the courts and have led to differences in procedure, such that some courts believe that the issue is subject to appeal to the Central Bank, some believe that it is necessary to raise and examine the issue in favor of the acting bank, and some believe that the issue is non-appealable. With this description, the present article attempts to discover the nature of this prohibition through a critical examination of a ruling in this regard. The results of the investigation show that imposing a ban on individuals from leaving the country is a sovereign act, and the Court of Administrative Justice is competent to hear complaints from individuals regarding this matter. Given that the Central Bank notifies the Attorney General of the names of individuals banned from leaving the country, and this bank acts in accordance with the laws in accordance with one of its sovereign powers, if there is a mistake or error in its actions, individuals can file a complaint with the Court of Administrative Justice.
کلیدواژهها English