مبدأ شرعية النظام التأديبي في التشريع العراقي : دراسة تحليلية عملية مقارنة

Abstract EN

In order to ensure the sustainability of public utility and the continued proper functioning of it to provide the different needs of the audience increased as a result of the evolution of life and the expansion of its fields and the increased state intervention in satisfying those needs, it became necessary but imperative for the administration overseeing the work of public utility and control their employees; disciplinary system and represents an important way of means pursued by the administration to achieve its purpose through its employees accountable and then Ithabthm or punished, this system works to reconcile employee rights maintenance towards arbitrariness administration to use its authority in the discipline on the one hand and considerations of the effectiveness of management as primarily responsible for ensuring the proper functioning of the facility General on the other hand, in order that the disciplinary system to play its role in that we have to be on according to the foundations of legal rules to ensure the safety procedures and the results and effects of the start of an administrative offense through referral, investigation, and the methods and means of proof and recommending legal and assigned procedures ...

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this is known as (legitimacy of the disciplinary system), we have tried in this study to shed light on the legal cover, which represents the legitimacy of this regime and stand on the most important shortcomings or legislative ambiguity of Iraq in this area