المركز القانوني للموظف المخطوف خلال توليه الوظيفة العامة : دراسة في التشريع العراقي

الملخص EN

This study focused on shedding light on the legislative gaps related to the legal regulation of kidnapping a public employee during his assumption of a public position and after his release from kidnapping and his desire to return to his previous job in accordance with the administrative legislation in Iraq, and is this period considered a continuation of the official working hours? Or is it a cessation of it and it is not considered a job service for the purposes of the bonus and promotion? On the other hand, what is the legal qualification for that period, so is the kidnapped employee considered dismissed from the job? Or pulled hand in that period? Or what? And what is the legal basis for these cases according to the vision and position of the administrative legislator in Iraq, which is the effective Civil Service Law No.

24 of 1960, as amended, and Law of Discipline for State and Public Sector Employees No.

14 of 1991, as amended, and related legislation, as these two mentioned laws did not address these The situation despite its widespread spread in Iraq after the change of the political system in 2003, and this study sheds light on the position of the administrative judiciary in Iraq represented by the State Council in addressing the treatment of this legislative vacuum and what judicial solutions it provided to address that legislative vacuum and find the appropriate legal adaptation to address the situation The employee was cut off because of his kidnapping, and was he successful in addressing the legislative deficiency? And did he explain the applicable procedures by his department and the financial impact of the employee’s kidnapping, according to the relevant judicial applications that the researcher reviewed.