The Effect of Dismissal Punishment on Public Servants (Comparative Study in Iraqi and Lebanese Law)

In this study, we have dealt with the effect of dismissal punishment on public servants as a comparative study in Iraqi and Lebanese law, because the public servant is one of the tools of general management to satisfy his public needs and about punishment (dismissal) we must say that a punishment It is a punishment that is committed against employees if they prove that they have done and committed a wrong and dangerous act, which is considered to be detrimental to the public interest while remaining in the service of the government, and if it is done to an employee due to a crime. A verdict is issued that he / she has done it due to having a position or official position, or if the employee is fired and re-hired and does something again that is responsible for the dismissal, in which case he / she has the opportunity to The decision of the organization to appeal to that organization or to the General Disciplinary Council. This study seeks to prove that the penalty of dismissal is one of the most dangerous punishments for a public servant because it is a severe punishment that affects the center and the principle of the employee and dismissal according to Article (8) of the Disciplinary Code if the employee Resign from work, after which it is not possible to re-employ him in government organizations and government departments, and this is according to the decision of the Minister. There are effects that result from the punishment of expulsion, such as the effect of expulsion on the punishment of knocking and stopping execution, and the effect of the amnesty law on the punishment of expulsion, because the punishment of expulsion has a punitive status and there are restrictions on freedoms. Which should not be removed from the list of punishments defined by the legislator and the punishment should be done within the framework and scope specified by the legislator, therefore the officials and officials of discipline and punishment can not punish the punishments prescribed by the legislature. To replace them with punishments that are contrary to the legal principle in amount, proportion and type. This research is based on a comparative analytical method between the two laws of Iraq and Lebanon, and that the obligation and permissibility of dismissal of an employee if it is due to a crime committed from his job and his official position, and that the legislator is satisfied with dismissal as a consequential punishment. And that the offense committed by the employee in his official capacity or that was committed from his criminal position, even if the perpetrator has been punished with a criminal penalty, can still be reduced in punishment or pardon, and this This is not the case if the law does not apply to an employee who commits such a crime, even if he or she is prosecuted for a criminal offense because of the dire judicial conditions, as this does not change anything in both the description and the state of the crime.