The Disciplinary Punishment between Text and Application "A Study in View of the Iraqi Valid Discipline Law"

Abstract

The relationship between the employee and the administration is an organizational relationship regulated by the laws governing the public job and this applies to disciplining the public employee because he/she has done an act that violates the rules of these laws and leads to damages to the public interest. For this reason, the legislator enacted a law related to the discipline of the public servant, i.e. the amended valid Discipline Law of State and Public Sector Employees No. (14) for the year 1991, through which he showed how to enforce disciplinary penalties stipulated on the public servant if he commits an act contrary to the law. However, through our study of the rules of this law, we found a number of defects that hinder the proper application of its rules, especially with respect to the disciplinary punishment and how to impose it on the public servant for the legislator did specify in the aforementioned law the disciplinary offenses for each penalty stipulated in the same manner as  the criminal legislator who is governed the principle of no crime and no penalty unless by text. In addition, there was no enough mechanism determining how to impose the disciplinary punishment on the employee and the impact thereof, making the impact of those punishments differ from one department to another, as some State departments continue to impose the punishment throughout the occupation period of the public servant, resulting sometimes in the fraud of the public servant's right, which made us choose this research to expose the obstacles of imposing the disciplinary punishment and reveal the difference between the provision on punishment and how to apply it to the public servant in order to arrive at a set of sound results and propose a range of solutions that lead to the preservation of the public good.