الطعن في قرار المُنفذ العدل

Abstract

      There is no doubt that the general constitutional principle that stipulates that no action, decision, or ruling may be immune from appeal, in addition to the fact that judicial decisions and rulings are issued only by a person who is not immune from error and forgetfulness, and sometimes even intentionally to achieve illegitimate ends, leads to the statement that appeal In any decision or ruling that leads to it becoming acquired for a kind of mental certainty that largely removes the executive decision or judicial ruling from any doubt about the integrity and justice of the party that issued it and removes suspicion and lack of confidence in its rulings and decisions. This matter is completely consistent with what is aimed and sought by the prevailing judicial or administrative system in the country, and in the process of research, the Iraqi legislator included in the effective implementation law what was mentioned above the permissibility of appealing the decision of the judicial implementer as the body responsible for implementing judicial rulings and executive documents by stipulating the two ways of grievance and cassation; However, jurisprudence was divided into two parts regarding the extent to which it is permissible to appeal the decision of the judicial executor in a corrective manner, between supporters and opponents. This is also the case with the courts of appeal in their discriminatory capacity in Iraq, which in turn were divided in their judicial rulings between a ruling issued by an appellate court that allows a corrective appeal against the decision of the person executing justice, and a ruling issued by another court of appeal that rejects a corrective appeal directly from a formal standpoint, based on the restriction specified in the implementation law for challenging the ruling. The decision of the executor of justice is represented exclusively by grievance and discrimination, which prompted the researcher to determine the ways to appeal the decision of the executor of justice in a consistent manner that does not accept doubt, interpretation, or interpretation.