Document Type : Original Article

Authors

• Abdul Malik Muhammed ¹
• Shwana Aziz ²

¹ Department of Law, College of Law, Salahaddin University, Kurdistan Region of Iraq

² Office to Combat Violence against Women, Kurdistan Region of Iraq

Abstract

The impartial guarantee of the disciplinary authority is one of the most important objective guarantees established to discipline a public employee, which requires its availability in all disciplinary systems, whether presidential, judicial or quasi-judicial, as the violating employee, in order to be assured of the justice of the disciplinary decision issued against him, must issue that decision towards him from a neutral and objective authority without bias. The guarantee of impartiality is generally achieved through two means: first, the separation between the authority of accusation and punishment, meaning that the authority that exercises the investigation with the offending employee and then imposes the disciplinary punishment is completely independent of the authority that undertakes the accusation and this is what we find evident in the judicial system, but in the presidential system Which was adopted by the Iraqi and Kurdistan legislators in both the State Employees Discipline Law No. (14) of 1991 in force and the inclusion Law No. (5) of 2020 in force in the Kurdistan Region, we find that the guarantee of impartiality is in the narrowest, if not non-existent scope, as the administrative chief gathers in his hand all the powers, but The second means to achieve a guarantee of impartiality is the response and removal of the members of the disciplinary authority in the event that there is a degree of kinship, affinity, enmity or friendship with the violating employee, in the presence of which it is not possible to issue an administrative decision without inclination.

Keywords

• administrative investigation
• impartiality of disciplinary authority
• investigation guarantees