تسببيب القرار التأديبي

Abstract EN

The topic of this research is one of the important topics in administrative law because it is a complex one: (vindicating the administrative disciplinary decision), as the study of administrative decisions in the Republic of Yemen in itself is an embryonic study, since it has not been given full attention of researchers despite its great importance in its jurisprudential, legislative and realistic aspects.

Furthermore, researching the topics of vindicating administrative decisions is a thorny and complex path, let alone that the subject of the research revolves around this complex trio: the administrative decision, the rules of vindication, and the legal system of punishment.

Nevertheless, the researcher in his study focused on the most important aspects related to vindicating the administrative disciplinary decision, either from the jurisprudential or the legislative aspects, as well as from the judicial aspect.

Hence, the study dealt with analyzing legislative rules regulating the topic of vindicating administrative disciplinary decisions, either the ones stated by related legislations or those legislative rulings issued in this field, with an interest in the jurisprudential opinions expressed in this context.

The researcher paid attention to the research methodology while studying the research problem and its limits, with the aim of reaching the valuable and scientifically useful results and suggestions.

This is clear through the variety of research methods between the historical method, when monitoring the development of the phenomenon of decisions vindication and its importance, and the comparison between the analogous countries, especially (Egypt), (Jordan) and (Yemen), as well as the analytical method, which had the greatest role in the pages of the research in analyzing legislations, judicial rulings and jurisprudential opinions.

The research was divided into three chapters: the first chapter dealt with the general meaning of vindication of the disciplinary decision; while the second chapter focused on the conditions for the validity of causation of the disciplinary decision.

I left the third chapter to study and analyze the elements of causation of the disciplinary decision and its provisions in legislation and the judiciary system.

The research came out with many results, conclusions, suggestions and recommendations, the most important of which is that there must be a legislation that shows the rules regulating the cases of causing administrative decisions, especially disciplinary decisions, because of their importance as an effective and fair guarantee for those addressed by administrative decisions..