The advisory opinion of the Court of Administrative Justice in response to the question that when the bank account of the debtor of the Social Security Organization's claims against the debt has been frozen, after the issuance of the temporary order of th

 Or that the balance of the account equivalent to the debts of the claims will remain blocked until the issuance of the final decision of the branches of the Court, but the Social Security Organization does not have the right to withdraw funds from Modi's account?

No. 9 0 0 0/23 0/29889/2 0 0 0 Date 14/03/09

Referring to the letter No. 4210/1403/7100 dated 16/10/2024, the question is raised that when the bank account of the debtor of the Social Security Organization's claims files against the debt has been frozen, after the issuance of the temporary order of the branches of the Court, should the account be unblocked or should the balance of the account equivalent to the debt of the claims remain blocked until the issuance of the final decision of the branches of the Court, but the Social Security Organization does not have the right to withdraw funds from the account of Modi?

After raising the issue in the Labor, Insurance and Social Security Advisory Commission of the Court of Administrative Justice, the advisory opinion of the said commission is announced as follows:

It is inferred from Article 34 of the Law of the Court of Administrative Justice, which states: "If the plaintiff, while filing his complaint or thereafter, claims that the actions, decisions, or final decisions or refusal of the party to the complaint cause damages that are impossible or impossible to compensate, he may request the issuance of an interim order..." این است که The purpose of issuing a temporary order is to stop the actions, decisions, or final decisions or to refrain from performing the duty on the part of the complaining party in order to prevent irreparable damage to the plaintiff of the temporary order or to prevent his revocation, and the temporary order is to remove the effect of executive actions, including the closure of the account, and its effect is retrogressive and extends to the past. Also, since the prevention of damages requires the plaintiff's demand to be fulfilled and the execution of actions or decisions by the respondent and the unblocking of the account, therefore, in the assumption of the issuance of a temporary order by the branches of the Court, the unblocking of the funds of the plaintiff's account should be done in order to activate the account and establish the operations of the account turnover in order to prevent the damage until the final decision is made by the branches of the Court.