Legal regulation of the rights of the public employee In administrative investigation, a comparative study Between Iraqi, Syrian and Egyptian law
- Author:
- Waleed Saad Ayyal Al-Ghrairi
- Level:
- Master
- Field of study:
- Low
- Language:
- Arabic
- Faculty:
- Faculty of Law
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Seyyed Ali Merdamad
In our research, we dealt with the study of the issue of the legal regulation of the rights of the public employee in the administrative investigation, a comparative study in Iraqi, Syrian and Egyptian law. We have shown that the importance of the study is by considering the subject of the study as one of the important matters and procedures within the scope of administrative law in general, and the administrative investigation in particular, which the administration needs at the present time for its fair and accurate decisions based on correct information.The problem of the study lies in asking a question: What is the legal regulation of the rights and guarantees of the public employee in the administrative investigation in Iraqi, Syrian and Egyptian law? And what are those rights and how they were organized in those laws, and the evidence that it is a problem is the loss of many employee rights within the scope of the administrative investigation and their failure to organize them or the failure to apply the correct administrative investigation procedures, which causes a problem in the lack of organization of these rights and their loss and the employee’s exposure to injustice and the absence of his guarantees guaranteed by law. The solution to the study problem lies in the study and analysis of the legal texts of Iraqi, Syrian and Egyptian legislation related to the subject of the research. Where we studied it in four chapters that included a detailed explanation of the most important preliminary investigations within the framework of the subject of the study, and a statement of job rights and duties, violations and administrative penalties, Through our study, we reached a set of results, the most important of which is that the public employee is linked to the state by an organizational bond, according to which he enjoys a set of rights that the state must provide and protect, and at the same time he has a set of obligations, duties and job tasks, whether positive or negative, he has to abide by. In case of violation, he will be liable to legal action. We ended our study with a set of recommendations, the most important of which was adding legal texts to the functional legislation that includes codifying the guarantees of the public employee in the administrative investigation exclusively, and codifying the disciplinary procedures that the disciplinary authorities must abide by in order to surround the public employee with the most guarantees.