University of Tehran Public Law Studies Quarterly 2423-8120 48 2 2018 06 22 Thinking about the Effects of Annulment of Regulations Contrary to the Law Thinking about the Effects of Annulment of Regulations Contrary to the Law 339 356 67098 10.22059/jplsq.2017.235067.1524 FA Moslem Aghaei Tough Assistant Prof., University of Judicial Science and Administrative Services, Tehran, Iran Journal Article 2016 06 19 Nullity of regulations is one of the main sanctions of the rule of law in administrative law of Iran as well as other different countries. However, the fact that after the annulment of an administrative act, what time it effects will be nullified, is one of the most important issues of administrative law. This is important at least for four reasons: the conceptual analysis of annulment, requirements of the rule of law and compensation of the breached rights are consistent with the retroactive effects of the annulment. On the other hand, legal security and acquired rights are more consistent with the prospective effects of the annulment. Article 13 of theStructure and the Process of the Court of Administrative Justice Act (2013) has considered the effect of the annulment since the issuance of a judgment except in cases of conflict with the Sharia or when it is not suitable for the restoration of breached rights. Although this article is on the side of legal security and acquired rights, it is contrary to the legal understanding and the rule of law. The precedent of the Court of Administrative Justice shows that it doesn’t have a good supportive approach to the breached rights of persons. The method in this study is analytic- comparative. Nullity of regulations is one of the main sanctions of the rule of law in administrative law of Iran as well as other different countries. However, the fact that after the annulment of an administrative act, what time it effects will be nullified, is one of the most important issues of administrative law. This is important at least for four reasons: the conceptual analysis of annulment, requirements of the rule of law and compensation of the breached rights are consistent with the retroactive effects of the annulment. On the other hand, legal security and acquired rights are more consistent with the prospective effects of the annulment. Article 13 of theStructure and the Process of the Court of Administrative Justice Act (2013) has considered the effect of the annulment since the issuance of a judgment except in cases of conflict with the Sharia or when it is not suitable for the restoration of breached rights. Although this article is on the side of legal security and acquired rights, it is contrary to the legal understanding and the rule of law. The precedent of the Court of Administrative Justice shows that it doesn’t have a good supportive approach to the breached rights of persons. The method in this study is analytic- comparative. https://jplsq.ut.ac.ir/article_67098_87ac1d2958f54d54c4004d22a1105a3b.pdf