القصور التشريعي في تنظيم المشرع العراقي لإنهاء العقوبة الانضباطية بالإلغاء : دراسة مقارنة

الملخص EN

It is common Knowledge, that the administration cannot working without the human will, that express on it, since then the legislations have given great attention to public official, and his legal situation.

the most important concern of public official in this regard, is providing the functional guarantees, including these related with disciplinary punishments, weather from impose its or finding the methods to eliminate its effects.

The Iraqi legislator characterized with providing means that enable the public official to eliminating the disciplinary punishments and remove its impacts, not only by judicial means, but through the mandatory petition, as the Iraqi legislator adopted the system of "thanks and appreciation", to remove the impacts of some of disciplinary punishments, and mitigate the others.

In addition to abrogation the disciplinary punishment after a certain period of time or what was called the revocation, while other legal systems named it erased.

It should be noted that while we support the Iraq legislators' view, put this view had been flawed, so this lead as to devote this thesis to deals with this shortcoming by organizing the mean of abrogation the disciplinary punishment after certain period of time.