وژمه ساعی

Abstract

   One of the important issues that can be compared between the civil procedural systems of Iran and Afghanistan is the issue of disqualification of judges, its foundations, conditions and procedures on one hand, and the commonalities and differences, challenges and consequences on the other hand. Therefore, in this research, which has been conducted using a descriptive-analytical method, the topics discussed revolve around answering this question and the main objective is to understand the commonalities and differences of judge disqualification in the civil procedural systems of Afghanistan and Iran. The results and findings of the research support the idea that the legal systems of Iran and Afghanistan share some positive and negative aspects such as the observance of justice, impartiality, and the general principles of judge disqualification. However, the Law on Civil Procedure of Afghanistan differs from the Civil Procedure Code of Iran in some essential and formal aspects, including the type and method of legislation, the allocation of an independent legal title and ۱۴ articles on judge disqualification in Afghanistan. While the Civil Procedure Code of Iran, besides lacking an independent title in this regard, does not explicitly state most of the provisions related to judge disqualification, except for the allocation of ۲ articles. Apart from the mentioned issues, it should be noted that in Iran, the time for raising judge disqualification continues until the end of the first session and even during the proceedings, provided that the disqualification grounds are subsequently established. However, in Afghan law, this time period is determined in civil matters before the commencement of the proceedings and in commercial disputes, it is set at ۴۸ hours before the start of the trial. It is also worth mentioning that there are similarities in the consequences of judge disqualification, such as issuing an order of disqualification or abstaining from hearing and transferring the case to other judges. Similarly, the imposition of penalties for individuals who maliciously request judge disqualification and referral to other judicial bodies is provided in the principles of civil procedure in Afghanistan, but the Civil Procedure Code of Iran is silent on this matter.

Keywords: judge disqualification, grounds for judge disqualification, consequences of judge disqualification, commonalities of judge disqualification in Iran and Afghanistan, differences of judge disqualification in Iran and Afghanistan.