The Origins of Administrative Investigation in Iraqi and Algerian Law

The state guides the political, economic and cultural societies in their integrated course. It has its own role in interfering in many matters, the most important of which are public utilities. This duty is only carried out by the employees, who are responsible for the regular and steady smooth running of public utilities. On the one hand, the Iraqi and Algerian legislators made duties on the shoulders of the employees to carry out them, and on the other hand, prohibited them from doing things to avoid, and this is only for the good functioning of public utilities. If the employee violates what he is commanded or forbidden, administrative investigations will be conducted against him to find out the extent of his violation so that disciplinary action is carried out against him in a fair manner. Thus, the administrative investigation is the main guarantee of respect for the rules of the functional system.This research came with a descriptive-analytical approach to show the origins of administrative investigation in the Iraqi and Algerian laws. From which we get results:1- The administrative investigation in Iraq is carried out on a large scale by the administrative head and is of great importance in this country.2- The Algerian legislator, although he mentions many texts to organize disciplinary procedures, was not sufficient, as there was no clear basis for these procedures.3- Absence of the principle of impartiality in the investigation body, and this violates the guarantees established by law for the public servant.