Administrative Investigation and Employee Guarantees Guaranteed by Law when Imposing Punishment A Comparative Study Between Iraq and Iran

The subject of (administrative investigation) is a very important topic for the public office, as well as the guarantees that emanate from it related to disciplinary accountability that precedes taking the disciplinary penalty against the (violating) employee. (The regular and regular functioning of public utilities on the one hand, and the necessity of providing a reasonable amount of disciplinary guarantees for the employee on the other hand) From this perspective, we pose the following problem to clarify the basic problem and its supposed solution: How can the legal texts that protect the public employee be reconciled with granting the administration a wide discretionary authority during disciplinary accountability? The supposed case of the basic problem is as follows: Addressing the public administration’s failure to know and apply the guarantees assigned to the employee during the imposition of disciplinary punishment, setting rules to ensure a balance between the administration’s interest and the employee’s interest. And highlighting the most important disciplinary guarantees established in the disciplinary system, which the accused public employee can adhere to in the face of any administrative decision imposing a disciplinary penalty against him. Disciplinary violations should be identified in sufficient detail to determine the penalty, especially for each negative behavior. And the creation of stable legislative principles that define the procedural legal principles adopted to prosecute disciplinary employees, similar to the civil and criminal procedures laws to achieve the effectiveness of punishment and justice. And the Iranian) and the (descriptive approach), to define the concepts related to the public servant in the laws in force in his elevation as well as the competent disciplinary authorities, in addition to the (analytical approach) in organizing the employee’s career, especially with regard to discipline and guarantees, and to take note of all aspects of the situation and to analyze the relevant legal texts. . This study came out with a number of results and recommendations that would avoid the legislative shortcomings of the (Iraqi and Iranian) legislators regarding the administrative investigation and the guarantees guaranteed by law when imposing a disciplinary punishment against the employee (the offender).