Document Details

Document Type : Thesis 
Document Title :
jlThe Administrative investigation and its guarantees in the Saudi Regulations
التحقيق الإداري وضماناته في النظام السعودي
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : This study discusses the administrative investigation and its guarantees in accordance with the provisions of the Saudi Regulations. It is a comparative analytical study for regulations of the investigations, enacted by the Saudi Lawmaker, compared to some other regulations like the French and the Egyptian regulations. The Study is divided into four chapters. The Preliminary Chapter discuses; the positive and negative duties of the public personnel and employees inside and outside the professional and functional framework; the disciplinary offence and its legitimacy; and the disciplinary penalties and measures and their governing principles. The First Chapter discusses the concept of the administrative investigation, its relations to the criminal investigation and the juridical nature of the investigating authority. The third chapter discusses the Administrative Authorities having the jurisdiction for conducting the administrative investigation and the res judicata of the investigation performed by every Authority. The last chapter discusses the guarantees of the administrative investigation shedding light on former, current and subsequent guarantees of the same. Moreover, the study presents the notable findings and recommendations concluded by the researcher including the following; The public employee is required to perform the job's duties provided by the Saudi Lawmaker under the personnel disciplinary regulations. On the other hand, there are certain rights which he must obtain during performing his work and duties. It was provided by the Saudi Lawmaker under the Regulations of the Administrative Laws that " the Administrative body may refer the employee to an administrative investigation as long as the legal grounds for such investigation exist. The Saudi Lawmaker authorized the Ombudsman Office to appraise the offence and the discipline according to what it deems fit without being required to admit the recommendations of the Public Investigation and Prosecution Department. The most important recommendations concluded by the researcher in this study are the following: There is a need for; codifying the disciplinary offenses and identifying the maximum and minimum penalties for the violations of each offense separately; explicitly defining, under the personnel disciplinary regulations, the concept of the administrative investigation and its required legal grounds to prevent all possible pretexts that can be exist due to the absence of a specific definition of the investigation or its legal grounds under the provisions; applying the principle of neutrality by separating the investigating authorities and the prosecution authority in order that the investigation can bear fruit and achieve its desired purposes. 
Supervisor : Dr. Rajab Ahmed 
Thesis Type : Master Thesis 
Publishing Year : 1440 AH
2019 AD 
Added Date : Wednesday, July 24, 2019 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
أفنان حسن شلبيShalabi, Afnan HassanResearcherMaster 

Files

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 44794.pdf pdf 

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