Author(s): Sura Math Ahmed

Abstract: Administrative negligence is contested by three main legal problems: the first relates to the basis of liability, where the traditional theory, based on free will, remains the most consistent with the requirements of liability for negligence. The second is the multiplicity of forms of liability arising from the negligent employee (disciplinary, criminal, and civil). The Iraqi legislator has contented itself with including negligence within disciplinary prohibitions, which has created overlaps with the rules of criminal and civil liability. The third problem relates to the position of negligence among the elements of a crime, as it is difficult to classify it exclusively within the material or moral element, which necessitates its regulation as a special provision in administrative legislation as a standalone disciplinary violation.

DOI: 10.22271/27899497.2025.v5.i2c.166

Pages: 226-236 | Views: 123 | Downloads: 47

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