ضمانات الموظف العام أثناء التحقيق الإداري في ضوء أحكام قانون الموارد البشرية المدنية القطري رقم 15 لسنة 2016

Abstract

This study aims to shed light on the guarantees available to the public servant during the administrative investigation in the light of the provisions of the Qatari Civil Human Resources Law No. 15 of 2016. It illustrates their consistency with the general principles، that established in the administrative law, in order to examine the need for a legislative amendment that addresses the shortcomings and practical problems facing administrative investigation procedures in the light of the aforementioned law and its executive regulations. The study adopted the descriptive approach and the critical analysis to address the subject of the study, supported by citing the precedents cases and the jurisprudential opinions with comparison with comparative law in some parts. The descriptive approach was used to find out the current situation in the Qatari legislation and the established principles in the administrative law, while the analytical approach used to clarify the deficiencies and defects in the Qatari legislation and its implications on the public servant and the public utility. Finally, the study concluded the high demand of Legislative intervention to address the deficiencies in the current legislation, especially those related to the rights of the occupants of some job grades that was neglected by the current civil human resources law, especially, their right to complain against disciplinary decisions issued against them.