Disciplinary investigation with public sector employe In Iraqi and Lebanese law(Comparative study)

Disciplinary verification and rightly – and the related procedures that stem from it – is one of the most important disciplinary accountability procedures, which stem from taking disciplinary action against the public employee. and (5) of the State and Public Sector Employees Discipline Law No. (14) of 1991 and its amendments regarding job duties and prohibited acts as a basis for disciplinary accountability, and the legislator mentioned it as an example but not limited to, so the administrative authority may, at its broad discretion, specify other forms of violations that constitute disciplinary errors.

By reviewing the text of Article (55) of the Lebanese Public Officials Law issued by the Socialist Decree (112) for the year 1959, you will find that the legislator has taken into account the classification of penalties into (moral and financial) and placed them in two degrees. ) and two financial penalties, namely (salary deduction for a period of fifteen days at most, and delaying internship for a period of six months at most), and its imposition does not entail any effects, or other consequences, and it is a trend that is consistent with general legal principles and is correct, and includes consecration of the principle of the inadmissibility of multiple penalties for The one violation, as the legislation in Lebanon strictly adhered to that, when it stipulated in Poverty (8)

From Article (59) of the Public Officials Regulations that: It is not permissible to impose more than one penalty on the same employee in the same case unless the disciplinary penalty is issued by the disciplinary board, or by a higher superior, in which case the first penalty will be canceled through a situational study An analysis of what the disciplinary investigation is (definition, importance, elements, differentiation between disciplinary investigation and criminal investigation) and we also dealt with referral to investigation (the concept of referral, the authority competent to refer, the possibility of appealing the referral decision, the reasons for referral. Disciplinary investigation, in terms of (the formation of investigative committees and their terms of reference, fulfillment of the written form of the investigation, as well as the guarantees of the disciplinary investigation in terms of the principles of confrontation, the right of defense, the impartiality of the investigation authority.

While in the third chapter we dealt with disciplinary penalties in Iraqi and Lebanese law and the procedures imposed by the legal basis for disciplinary action and its legitimacy, what disciplinary penalties are, the principle of legitimacy, as well as the procedures for imposing penalties in terms of (investigation and employee procedures, the valid reference for accusing and imposing punishment) as well as the opinion of jurisprudence and the direction of In all of the above, the researcher has reached a number of results and recommendations that we hope the legislator will take into consideration.