Rights of the kidnapped employee
الكلمات المفتاحية:
- حقوق. - الموظف المختطف. - تعويض.الملخص
Abstract: The crimes of employee kidnapping are crimes of danger that threaten humanity and affect the public interest of the state, in the past and in the present, due to the material and moral damage it causes, both for the kidnapped employee and his family or society or for its impact on the functional administrative activity of the state Since the employee is the backbone of the state’s activity, he performs the work of the public office and bears its obligations and burdens, it was necessary to legislate laws that guarantee his rights and the rights of his dependents in the event of a kidnapping, and in this regard, the Iraqi parliament approved Law No. (20) of 2009 amended regarding compensation for those affected by the operations war, military errors and terrorist operations, It is a law that included a series of important changes to address and organize compensation for the affected, and among the affected category are the kidnapped employee category.
المراجع
First: Books:
- Ibn Al-Abidin, Al-Mukhtar’s Response to Al-Dur Al-Mukhtar, Explanation of Tanweer Al-Absar, Part 5, Dar Alam Al-Kitab, Riyadh, Saudi Arabia, 2003.
- Abu Omar Yusuf bin Abdullah bin Muhammad bin Abd al-Barr, al-Kafi fi fiqh al-Madinah al-Maliki, Dar al-Kutub al-Ilmiyyah, Beirut, Lebanon.
- Abu Al-Hassan Ali bin Muhammad bin Habib Al-Baroudi, Al-Hawi Al-Kabir, Part 11, Edition 1, Dar Al-Kutub Al-Alami, Beirut, Lebanon.
- Ahmed Fathi Sorour, Explanation of the Penal Code, Special Section, second edition, Dar Al-Nahda Al-Arabiya, Egypt, Cairo.
- Imam Abi Qassem Abd al-Karim bin Amad Abd al-Karim al-Shafi’i, Al-Aziz: Explanation of Al-Wajeez known as Al-Sharh Al-Kabir
- Al-Shirazi, Al-Majmoo’ Sharh Al-Muhadhab, vol. 19, Al-Irshad Library, Jeddah, Saudi Arabia, without mentioning the year of publication.
- Al-Fayoumi Muhammad bin Abi Bakr, Al-Sabah Al-Munir, investigation by Yahya Murad, C, 2, 1st edition, Al-Mukhtar Foundation, Cairo, 2008.
- Hassan Odeh Aboudi Al-Aqili, Provisions for the Missing, a Specialized Study, Library of the Judicial Institute, 1986.
- Hussein Mustafa Mahmoud, The Public Servant’s Responsibility and Protection in Egypt and America, first edition, Dar Al-Nahda Al-Arabiya, Cairo, 2016.
- Dr. Raed Naji Ahmed, The Science of Public Finance and Financial Legislation in Iraq, The Legal Library, Baghdad, 2012.
- Shams al-Din al-Sarkhasi, Kitab al-Mabsout, vol. 11, Dar al-Ma’rifah, Beirut, Lebanon, without mentioning the year of publication.
- Abdel Nasser Hariz, Political Terrorism (analytical study), first edition, Madbouly Library, without a place of publication, 1996.
- Awad Mohamed, Criminal Protection for the Public Servant by Applying to the Policeman, second edition, without publishing house, without place of publication.
- Abi Al-Fadl Jamal Al-Din Muhammad bin Makram Manzoor, Lisan Al-Arab, - Kidnapping Article: 9/75, Dar Sader Beirut edition.
- Al-Rafi’i Ahmed bin Muhammad bin Ali Al-Muqri Al-Fayoumi, Al-Misbah Al-Munir fi Gharib Al-Sharh Al-Kabir,:- 1/174, a kidnapping article, Dar Al-Kitab.
- Laftah Hamel Al-Ajili, Selections from the Administrative Judiciary Court and the Staff Judicial Court for the years 2016_2017, Part Two, Al-Sanhouri Library, 2019.
- Laftah Hamel Al-Ajili, Administrative Investigation in the Public Office (Its Procedures, Guarantees, and Pretext), Dar Al-Sanhouri, Baghdad, 2021
- Majid Hamdi Omar Hassan Al-Hamdani, The end of the service of the public servant by force of law (comparative study), Dar Al-Fikr Al-Arabi, Cairo, 2017.
- Dr. Majed Ragheb Al-Helou, Administrative Law, New University House, 2004.
- Malik Mansi Al-Husseini, Mosaddeq Adel Talib, The Legal System for People with Special Degrees in Iraq, "An Analytical Study between Theory and Practice", Lebanon, Beirut, 2011.
- Muhammad Ahmed Abdullah Muhammad, Public Service, Modern University Office, Alexandria, 2015.
- Mansour bin Idris Bani Idris Al-Bahuti, Scouting Persuasion on the Board of Persuasion, Part 4, Alam Al-Kitab, Beirut.
- Dr. Nabila Abdel Halim Kamel, Al-Wajeez in Administrative Law (Administrative Activity), Cairo University Center for Open Education, Cairo, 2007.
Second: Letters and treatises:
- Rizan Mohsen Sameen, Provisions for the death of the missing legally in Iraqi law and its judicial applications, a research submitted to the Judicial Council of the Kurdistan Region as part of the requirements for promotion from the third class to the second class, 2017.
- Sari Harith Abdel-Karim, The legal system for serving university service employees (a comparative legal study), a master's thesis in public law submitted to the Council of the Faculty of Law, Al-Nahrain University, 2012.
- Taleb Omar, Regulatory Provisions for Missing and Absent Persons in the Framework of Ordinary Law and Exceptional Laws, Master's Thesis in Family Law submitted to the Faculty of Law and Political Science, Akli Mohand Olhaj University (Bouira), 2019.
Third: Scientific journals
- Tahtah Allal, The Lost Inheritance in Islamic Jurisprudence and the Codification of the Algerian Family, Part 3, No. 32, University of Djilali Bounaama, Faculty of Law and Political Science, Annals of the University of Algiers, 2018.
- Dr. Muhammad Ahmad Raheel, Legal regulation of wages for those charged with a public service, research published in the Journal of the College of Law and Political Science, University of Kirkuk, Volume (6), Issue (23), Part 1, 2017.
- Muhammad Shawqi Nasser Abdullah Al-Awar, The phenomenon of kidnapping judges in Islamic jurisprudence and Yemeni law, Al-Nasser University Journal, Fifth Issue, Volume One, January, June, 2015.
Fifth: Laws, regulations, instructions, and administrative and judicial decisions:
- Coalition Provisional Authority Order No. (30) of 2003.
- Civil Service Law No. (14) of 1960.
- The Iraqi Penal Code No. (111) of 1969, as amended.
- Provisions of the Minors’ Care Law No. (78) of 1980, Al-Waqae’ Al-Iraqi Newspaper, Issue 2772, 5/5/1980.
- The Disciplinary Law of State and Public Sector Employees No. (14) of 1991, as amended.
- Unified Retirement Law (27) for the year 2006, as amended.
- State Employees’ Salaries Law No. (22) for the year 2008, as amended.
- Law No. 20 of 2009 amending the Compensation for Those Affected by War Operations and Military Errors.
- Instructions for pension rights and grants for the families of the martyrs, the injured, the missing and the kidnapped as a result of war operations, military mistakes and terrorist operations established by Law No. (20) of 2009 No. (4) of 2011.
- State Council Decision No. 85/2006 of 11/21/2006.
- State Shura Council Resolution No. (10/2006) on (2/1/2006).
- The letter of the General Secretariat of the Council of Ministers No. S/2/1/17/19032 on 11/18/2007.
- Administrative Court Decision No. 419 / Administrative Judiciary - Cassation / 2017.
- Federal Court of Cassation Decision No. 19 / Public Authority / 2018 / published decision.
Eighth: the Internet
- .http://hachemcsp.weebly.com/uploads/1- 2/0/5/6/20561178-
https://www.ceasefire.org/wp-content/uploads/2021/102- /Compensation-Guide.pdf
