الأسس الفلسفية والقانونية لتضمين الموظف العام في التشريع العراقي: دراسة تحليلية

الملخص EN

Iraqi legislator's intent behind delegating tort liability of civil servant or the one who is tasked with a public service to public law authorities was because of many aims and objectives.

On the top of these are to remain aloof from courts, avoid the delay that accompanies suing process before these courts, avert the much efforts exerted and the big moneys paid, quickly recover public fund and repair the damage inflicted to public fund.

However, the fining shall be in line and conformity with the proper law so that the administration's fining decision would not be appealed and revoked before administrative courts.

The basis of fining is reflected and based in the envisaged final cause intended by the legislator; here we would be in front of the philosophical basis of fining.

We also find the basis of fining in constitution, law, regulations or instructions which altogether form the basis of the ministerial or administrative order of fining the civil servant the amount of damage inflicted to the public fund due to his/ her negligence in or carelessness on preserving the public funds assigned to him/ her.