General rules of evidence in the disciplinary field
Keywords:
- Public Office. - Evidence. - Disciplinary Field. - AdministrationAbstract
Abstract: Evidence issues are at the forefront of legal issues that are applied daily, as courts of all types resort to them in all civil, criminal or administrative cases brought before them, due to their strong connection to the principles of litigation and the rights and positions of litigants. The subject of proof before the administrative judiciary and determining the burden of proof is of great importance in the disciplinary case, as the issues of proof are among the most important legal issues and the most applied in practical life, and they are almost the only issues that the courts do not stop applying every day in the discounts presented to them.
References
First: books:
- Ayman Abdullah Fikry: Information Crimes: A Comparative Study in Arab and Foreign Legislations, 1st Edition, Library of Law and Economics, Riyadh, 2014.
- Burhan Khalil Zureik: The Theory of Evidence in Administrative Law, 1st edition, Al-Dawoudi Press, Damascus, 2009.
- Joseph Rizkallah, The General Theory of Evidence before the Administrative Courts, first edition, Beirut, Human Rights Publications, Issued, 2010.
- Khaled Al-Sayed Muhammad Abdul-Majeed Musa: Explanation of the Objective Evidence Rules: A Comparative Study, 1st Edition, Library of Law and Economics, Riyadh, 2014.
- Khamis Al-Sayed Ismail, Evidence before the Administrative and Ordinary Courts, Dar Mahmoud, Cairo, 1st edition, 2016.
- Saad Ghaleb Ali Al-Shammari: Electronic arbitration and means of proving it in international trade contracts, Al-Masria Publishing House, without a place of publication, 2018.
- Samir Tanago: The General Theory of Law, Mansha'at al-Maarif, Alexandria, 1974.
- Samir Abdel-Sayed Tanago: Provisions of Obligation and Evidence, 1st Edition, Al-Wafaa Law Library, Alexandria, 2009.
- Shaaban Mahmoud Muhammad Al-Hawari: Criminal Evidence, 1st Edition, Dar Al-Fikr Wal-Qanoon, Mansoura, 2013.
- Abd Al-Razzaq Al-Sanhouri, Al-Wasit fi Explanation of the New Civil Law, Part 2, 3, Al-Halabi Human Rights Publications, Beirut, 2000.
- Othman Salman Ghaylan Al-Aboudi, Explanation of the provisions of the Disciplinary Law of State and Public Sector Employees _ Analytical Study _ Fundamental _ Comparative in the Light of Law, Jurisprudence and Judiciary, Dar Al-Kutub and Documents, 2nd Edition, 2012.
- Muhammad bin Barak Al-Fawzan: The Mediator in the Saudi Legal Proceedings System, Part 3, Edition 1, Library of Law and Economics, Riyadh, 2009.
- Muhammad Shukri Sorour, Brief Principles of Evidence in Civil and Commercial Matters, Dar Al-Fikr Al-Arabi, Cairo, without the year of publication.
- Muhammad Azmy Al-Bakri: The Law of Evidence in Civil and Commercial Matters, Volume 1, Dar Mahmoud, Cairo, 2022.
- Muhannad Walid Al-Haddad, Khaled Walid Al-Haddad: Introduction to the Study of Law, Dar Al-Warraq for Publishing and Distribution, without a publishing place, 2008.
- Elias Jawadi, Evidence in Administrative Disputes, 1st Edition, Al-Halabi Human Rights Publications, Beirut, 201829.
Second: letters and treatises
Bou Katheer Abdel Rahman, The Burden of Proof in the Cancellation Case, PhD thesis at the Faculty of Law, Ben Aknoun, Algeria
Raad Hammoud Khalaf: The authoritative means of proof before the administrative judiciary (a comparative study), a doctoral thesis submitted to the Faculty of Law, the Islamic University, Lebanon, 2019-2020.
Ali Salman Jamil Al-Mashhadani, Rules of Evidence in the Administrative Case in Iraq (a comparative study), a PhD thesis submitted to the College of Law / University of Baghdad, 2000.
Muhammad Sabbar Muhammad, The Authority of the Administrative Judge in Evidence in Public Service Claims in Iraq_ A Comparative Study, PhD Thesis Submitted to the Council of the Faculty of Law, University of Tikrit, 2020.
Residents of Rima: Evidence in Administrative Conflict, PhD thesis submitted to the Faculty of Law and Political Science, Larbi Ben M’hidi University, Algeria, 2019-2020.
Third: Research and articles
Abu Dhar Abd al-Karim Shaker, The Case for Cancellation of the Administrative Decision, a research published in the Journal of Administration and Economics, S35, No. 93, 2012.
Hamida Haniyeh, Administrative Decision Defects (Cases of Excess of Authority), Legal Forum Magazine, Fifth Issue, 2010,
Hanan Muhammad Al-Qaisi, Attorney Safaa Hussein Al-Shammari, Means of Evidence for the Administrative Judge, Sabah Library, Baghdad, 2012
Dana Abdel-Karim Saeed, Bland Ahmed Rasool: Privacy of Evidence in Administrative Cases, research published in the International Journal of Legal and Political Research, Vol. 4, p. 3, 2020.
Ziyad Tariq Khudair Al-Aqidi: Evidence and its Impact on Administrative Judiciary, a research published in Tikrit University Journal of Law, Issue 4, Volume 6, Issue 6, 2022.
Wadih Dakhil Ibrahim: The Specificity of Evidence in the Investigation and Administrative Judiciary, a research published in the Journal of the College of Law for Legal and Political Sciences, Vol. 9, P. 35, 2020.
Wardiya Al-Arabi: Evidence in Administrative Materials in Algerian Legislation, a research published in the Algerian Journal of Law and Political Science, Issue 3, 2017.
Fourth: Laws:
- The Egyptian Evidence Law No. (25) of 1968, as amended.
- Iraqi Evidence Law No. (107) of 1979.
- Algerian Civil Code No. 75/58 of 1975 amended and supplemented.
- The Algerian Civil and Administrative Procedures Law No. 08/09 of 2008, as amended.
