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Title & Author

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The place of formalities in public law: legislation, proceedings, administration

68-72Full Text

Maryam Bamari

Abstract
Judgment is one of the ways to resolve disputes between human beings. Judgment is in principle the work of the government, and some disputes, such as criminal matters and matters related to the public order of society, are solely in the hands of the government, but at the same time some matters can be referred to arbitration. Judgment is a private judgment that arose naturally and instinctively among human beings before the emergence of the state and is based on the manners of reason. In public judgments, observance of due process and formalities is a mandatory requirement that has a mandatory aspect and can be avoided only in limited cases where the legislator has issued a permit for noncompliance, while the nature of private judgment requires ease, speed and elimination of formalities. N. According to the rules of civil procedure, the arbitrators are not subject to the rules of procedure in hearing and issuing a verdict, but they must observe the rules of arbitration. This article has caused a great deal of disagreement among jurists to the extent that some jurists believe that since arbitration is a kind of private judgment and is not subject to the rules of procedure, the arbitrator can, at the request of the parties during the arbitration, in addition to legal formalities, It also violates the indisputable principles of the judiciary and ignores it. Contrary to this view, some other jurists state that since the principles of the trial are permanent, general, value-based and abstract, its observance by judges and judges of state courts is mandatory.