Judicial and Administrative Oversight on Reducing the Crime of Bribery Among the Public Employee a Comparative Study Between Iraqi and Iranian Law

The issue of bribery among the public servant is of great importance in the present era, as the concept of bribery among the public servant in the past centuries was narrow and did not exceed the administrative boundaries of civil equality, but as life evolved, the concept became broad and includes a picture of legal procedures and multiple obligations and it is constantly expanding, and this means  These procedures and obligations are not characterized by stability and stagnation in terms of their number and forms. Rather, they are variable because they are subject to continuous development and transformation, as are the fields of life and the progress of human civilization, including judicial and administrative control to limit negative phenomena in society such as bribery, which is considered the most important aspect of  The manifestations of corruption that make it more dangerous than other manifestations of corruption that is prevalent in the administrative societies of the State of Iraq, Iran and other countrie  The role of judicial oversight and administrative oversight is increasing in terms of importance, after the decline in many ethics of the public servant and the commission of crimes such as bribery and others.  Hence the problem of the research, which makes us launch our main question: How is the judicial and administrative oversight to reduce the crime of bribery in Iraqi and Iranian law?  To protect the administration from corruption, it was necessary to combat all its forms and forms, foremost among which is bribery, which is the crime of the public servant.  That is why it was logical for the Iraqi legislator and the Iranian legislator to intervene with texts that stipulate deterrent punishment for anyone who is tempted to trade or exploit his job.  According to the origin, the system assumed a certain quality in the perpetrator of the bribery, so the crime does not occur unless it is available, which is that the bribe is a public official (real or judgmental), whether it is related to the work for which he accepted, took or requested the gift or the promise of it, or he had claimed for himself that  Jurisdiction. The objectives of the research lie in studying the most important elements and penalties for the crime of bribery for the public employee in the laws and constitutions of both Iraq and Iran, as well as studying and knowing the control over public administrative penalties in the laws and constitutions of the two countries.  The element of competence or its exploitation of its function as indicated in the law, the legal dimensions of the crime of bribery are represented in the material and moral pillar, as we dealt with this research by virtue of our specialization in business law and access to legal topics.  Bribery and the large number of national and scientific forums on this phenomenon, the researcher, through his research, is the methodology of comparative research, as it shows judicial and administrative oversight on curbing corruption.  The penalty for bribery with the public servant in the Iraqi constitution, as well as in the Iranian constitution.