حق الموظف العام في الدفاع عن نفسه أثناء التحقيق الإداري – دراسة في التشريع العراقي -

Abstract

The main function of the law is to reconcile the public interest of individuals on the one hand and the interests of the community on the other hand. Given the importance and majesty of the public position in the state, and the great role that its occupants play in serving the community and its members. We find that the state - through its legislation - has surrounded its employees with many guarantees when they are disciplinaryly held accountable for acts that violate the law attributed to them. / Fourthly ) From the Iraqi constitution by stipulating that: ((The right to defense is sacred and guaranteed in all stages of investigation and trial)), and legally referred to by administrative legislation, in addition to the active role of the administrative judiciary in promoting and completing this right for the employee by drawing inspiration from the spirit of abstract justice.

In light of this, the researcher sought to shed light on the definition of the right of defense, and to expose the images of the right of defense for the public employee that the Iraqi legislator came up with in the enforceable Law No. 14 of 1991 of the amended State and Public Sector Employees’ Discipline, and what are the main images or manifestations of expressing the employee’s defense Which was not stipulated by the Iraqi legislator despite its importance? Finally, we dealt with the statement of the impact of the administration's neglect of the employee's right to defend himself during the investigation with him? And reviewing the effective role of the Iraqi judiciary in completing the legislative deficiencies that permeated the legislative texts regulating this right.