السلطة التأديبية في القانون العراقي

Abstract

The disciplinary system within the scope of public office is a branch of administrative law its subject (prohibition of acts committed by officials and punish them), The disciplinary authority is in fact a tool in the hands of the Administration intended to ensure that employees perform their duties and within the proper functioning of public utilities), which is only by the competent application of disciplinary penalties provided by law,Governed by the principle of legality of this authority, in the sense that it does not have the right to apply any of the penalties provided for law only those who specialized by legislature to authorized it clearly.Countries are different towards its arrangement of disciplinary system in attempt to find a system agree with its political conditions and its view of human rights or their freedom generally it simultaneous effects according to disciplinary authorities, countries adopted in their arrangement disciplinary authority three means:1 – Administration method which is entrusted to administrative bodies and the form of a full and independent participation of any other party jurisdiction of the discipline of staff.2 - Quasi-judicial method by which the actors share jurisdiction with the administrative bodies and to varying degrees in the disciplinary process.3 - the way the judicial, under which the judicial authorities responsible for the discipline of staff.In doing so, the disciplinary authority is legally competent staff, a state of impunity which specify whether the incident requiring the imposition of a criminal punishment. And then had to general administration should take into account the role they play in the public interest, without neglecting or wasteful and without compromising the rights of citizens and guarantees the basic guaranteed by law so as not to make them lose confidence and trust in the performance of their business which is reflected negatively on their performance, career, and then had an obligation public administration is in the process accounting staff were called upon to take legal action to be followed in such cases to ensure the maintenance of public money and public interest and to achieve deterrence, public and private, without being lost in the same time the rights of the employee and take into account the basic safeguards approved by the law.