The disciplinary sanction in public position a comparative study

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Mohammed Muthar Yahya Albazzaz

Abstract

Since the public office is a national assignment and a social service whose duty is aimed at the public interest and the service of citizens in the light of the legal rules in force, therefore, the public office is not a privilege or domination of those in charge of its affairs, but rather it is a social service.  In addition, it can raise criminal liability, hence the legislator’s intervention to organize the process of accountability of the employee through what is known as the disciplinary system in the public office, which is meant by the set of legal rules that regulate the process of holding the public employee accountable for his breach of his job duties in order to deter and reprimand him.


These legal rules deal with defining the procedures followed in holding the employee accountable in a way that ensures that the authority is not abused against him by the administration, as well as defining the penalties that can be imposed on him, and indicating the authorities or authorities that have the right to impose them and specifying the competent authority to consider the appeals submitted against those penalties and ways to nullify them.  .


Therefore, our study, which is poisoned by disciplinary sanctions in the public office, came to explain various problems, including those related to the extent of the commitment of the disciplinary authority to the legal principles that govern the disciplinary penalty, and the extent to which it respects the guarantees granted to the penalized employee, and the legal consequences of the disciplinary penalty that are binding on both sides of the disciplinary relationship, the employee and the administration.  Accordingly, the study was divided into three sections, the first was devoted to the concept of disciplinary punishment, by defining it and explaining its characteristics and the principles that govern it, while the second was devoted to the types of disciplinary sanctions in comparative law and Iraqi law by offering several criteria to classify them accordingly.  While the third topic came to indicate the expiry of the disciplinary penalty

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How to Cite
محمد مضر يحيى البزاز. (2024). The disciplinary sanction in public position a comparative study. MIsan Journal of Comparative Legal Studies, 1(8), 388–409. https://doi.org/10.61266/mjcls.v1i8.201 (Original work published July 24, 2023)
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