Document Details

Document Type : Thesis 
Document Title :
Invalidity of Administrative Investigation in Saudi Arabia ) ( A comparative study
أسباب بطلان التحقيق الإداري في المملكة العربية السعودية (دراسة مقارنة)
 
Subject : Faculty of Law 
Document Language : Arabic 
Abstract : o The problem of the study: The administrative discipline in the Saudi system does not have clear and specific procedures for administrative investigation; hence the problem lies in the question of the reasons for the invalidity of the administrative investigation in Saudi Arabia. o Objective: To establish a specific framework for reasons of invalidity of the administrative investigation in the Saudi system, in order to contribute to establishing the principle of the legality of the administrative investigation, and preparing it as a successful mean to arrive at a correct procedure and sound outputs free of defects that are leading to nullification. o Methodology: We relied mainly on the analytical approach and the comparative approach, in analyzing the texts of laws and regulations, as well as judicial rulings concerning the reasons for the invalidity of the administrative investigation in the Saudi system and comparing them with the corresponding in Egyptian law. o Study Plan: We divided the study into two chapters. The first chapter focused on the reasons behind the nullification of the administrative investigation in its preliminary stage. The second chapter focused on the reasons for the nullity of the administrative investigation in its actual phase. We divided the two chapters into reasons related to public order and reasons related to the interest of the litigants. o Main results: 1. The reasons for the invalidity of the administrative investigation are represented in the preliminary stage related to the public order in the absence of administrative investigation and the nullity of the jurisdiction of the administrative investigation body. The reasons related to the interests of the litigants (The interest of the accused employee) are represented the invalidity of the form of referral to the administrative investigation and the invalidity of the form of summons. 2. The reasons for the invalidity of the administrative investigation are represented in its actual phase relating to the public order are the invalidity of the administrative investigation guarantees, the nullity of the form of the administrative investigation, and the reasons related to the interest of the adversaries (the interest of the accused employee) in the invalidity of the means of administrative investigation, and the invalidity of the conduct of the administrative investigation. o The most important recommendations: 1. We recommend the Saudi regime to expedite the issuance of a unified system of disciplinary procedures, establishing the principle of legality of administrative investigation. 2. We recommend that the Office of Technical Affairs in the Office of the Ombudsman should activate Article (21) of the Diwan of Grievances Law, which deals with the publication of the judicial decisions competent to adjudicate in cases of nullification of the administrative investigation to determine the position of the Administrative Court in the matter of reasons of nullification of the administrative investigation invalidity. In a way that leads to the stability of the judgments. 
Supervisor : Dr. Sabah Mostafa Hassan El Masry 
Thesis Type : Master Thesis 
Publishing Year : 1438 AH
2017 AD 
Added Date : Sunday, July 16, 2017 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
دارين يوسف الثقفيAlthagafi, Dareen YousefResearcherMaster 

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 41999.pdf pdf 

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