The legality of administrative investigation procedures and the role of the legal member in it (( A comparative study))

The administrative investigation means the examination, research and objective investigation of the facts and their conformity with the actions attributed to the employee for the purpose of revealing the truth in order to determine the validity of the accusations attributed to the employee. Therefore, the administrative investigation is a fundamental procedure that the administration resorts to to expose the facts and identify the offending employee who committed a disciplinary violation that requires The imposition of punishment against him, and the administrative investigation is one of the most important safeguards in the field of discipline, as the employee’s statements and defenses of the actions and violations attributed to him must be heard. In the same situation, the investigation is considered The administrative step is the basic step in the disciplinary procedures against the employee, because the administrative investigation is one of the important topics in the administrative activity, where the administration exercises its role in controlling every deviation that affects the performance of public utilities, and in order to maintain the guarantee of the regular and steady functioning of the public facility, it resorts to all means that enable it to perform That task, including conducting the investigation, is to reach the truth about what is attributed to the public employee, so the importance of research and choosing the topic is because it is related to the problems of the job and the mistakes of the administration, because the administrative investigation is not based on monitoring the error, but rather it is based on strengthening the management’s activity and not compromising the job and doing actions that are inconsistent, honor and dignity Function.

Whereas the fourth and fifth articles of the amended State and Public Sector Employees Discipline Law No. 14 of 1991 specify the duties of the public employee, both positive and negative, and in return for those duties the legislator has set up a mechanism to punish employees who violate their job duties as stipulated by it. However, it requires the formation of an investigative committee consisting of The core of its work is to find facts and ascertain the extent to which the employee has breached his job duties and thus entitlement to disciplinary punishment.

As specified in Article (10) of the State Employees Discipline Law No. 14 of 1991, as amended, stipulating that the investigative committee shall consist of a chairman and two members, provided that one of its members holds a law degree.

On the other hand, the Iraqi law and comparative laws have guaranteed guarantees for the public employee. These guarantees guarantee that the administration will not abuse its discretionary power to harm the employee.

On the one hand, and on the other hand, disciplinary guarantees have an important role in determining the fate of the employee, raising his awareness and guiding him about his rights regarding the decisions and judgments issued against him.

 With this, we dealt with the subject of the research through four chapters, in the first we dealt with the concepts and faculties, in the second chapter what legality and administrative investigation are, in the third chapter the administrative investigation procedures, the fourth chapter guarantees of the administrative investigation, and the fifth chapter the role of the legal member in the administrative investigation, and we came to conclusions and recommendations.