Legal Frameworks of the Principle of Legality of Administrative and Disciplinary Punishment A Comparative Study of Iraq and Egypt

The principle of legality of this issue and the general framework governing it have always been of interest to researchers in the field of public law. The reasons for this attention are that this principle creates a wide field for the development of the space of administrative dominance in a legal way, so that all countries, due to its direct effect in controlling the speed of public services, achieving the performance of public services and the desired goals for providing public services from They work on it through employee empowerment and organization as the most important element of public service management. Of course, it is very difficult to find a specific and precise meaning of the general framework and principles that prove the legality of administrative and disciplinary punishment in the field of management. And the more we try to understand the framework of the legality of this principle that directly affects public functions, the more difficult and complicated the issue becomes. It should be well understood that the element of exercising disciplinary power by the administration towards its employees due to the many considerations that exist may lead to the rejection of the employee and his daily work and the negative effects of this issue and its consequences on the employee. May the employee’s family also suffer from the effects of this punishment. Therefore, it can be seen that the government takes an arbitrary approach in using its absolute powers to impose punishments against administrative violations and use these laws to create fear among employees and in a way take revenge on them. The authority of an organization always leads to the unbridledness of its employees, and this inconsistency and abnormality is only prevented by the law, and with a quick look at modern administrative systems, we see that with an administrative organization in democratic countries, it tries hard to achieve justice and equality. to establish among his employees. However, the real function of these concepts and principles appears when the employee is punished for committing malpractice and administrative violations. Because the issue of disciplinary punishment is one of the most dangerous cases that an employee faces in his career path, because this punishment has many material and spiritual effects on his future career. This research is based on the opinion that the judicial supervision applied to the decisions of an office in using its powers to punish employees creates a legal framework in disciplinary punishment that gives the right to the executive body or not, administrative arbitrariness and tyranny. against employees. Meanwhile, the purpose of this law is to deal with the issue of disciplinary punishment and to determine methods to create some legal guarantees that will be applied when investigating or investigating a violation by an accused employee in a public administrative organization. It is pointed out that the punitive nature of the disciplinary system makes many people want to use these legal principles to justify their crimes and punishment. The main question of this research is whether the two principles of criminal and legal legitimacy in the disciplinary system have compatible functions and to what extent the principle of criminal legitimacy can be considered when proposing the disciplinary responsibility of a public servant and how the principle of legality can be the principle of legitimacy. include criminality in a legal state.