التعديل القضائي للعقوبة التأديبية : دراسة تحليلية في ضوء قضاء ديوان المظالم السعودي

Abstract EN

The aim of this study is to investigate the judicial amendments to disciplinary penalties.

The study examines Saudi Arabian statutory texts and legal decisions made by the Saudi Arabian Board of Grievances using an analytical approach.

The study is divided into three sections: an overview of disciplinary penalties and who has the authority to impose them under Saudi law; a discussion of who has the authority to impose them; and a discussion of who has the authority to impose them under Saudi law.

The latter two sections discuss the elements of disciplinary punishment as well as who has the authority to impose it.

The first item looked at judicial review of the legitimacy of disciplinary penalties, and the second looked at administrative monitoring.

The findings show that there is no legal basis for extending the judge's authority to change the disciplinary penalty if the judgment was revoked due to its illegality.

Because they do not apply to the subject of judicial amendment of disciplinary penalty, the principles prohibiting the judge from replacing the administration and denying him the authority to issue orders to the administration cannot be used as a legal basis to prevent the extension of the judge's authority to amend the disciplinary punishment.

Furthermore, practical issues demand that judicial amendment of disciplinary penalty be allowed.

The research made several recommendations, the most important of which is that, if the Administrative Court of the Board of Grievances decided to invalidate the disciplinary decision due to the illegality of the penalty, the appropriate penalty should be chosen from the list of penalties stipulated by law.