Procedural Legality Of Canceling The Disciplinary Decision

(Conditions And Jurisprudence)

Abstract

There are conditions in which cancellation claim is not valid without its completion, some of which are related to the administrative Disciplinary decision itself, some of which are related to the person included in the disciplinary decision that is to be cancelled, and some of them are related to the issue of time and duration. In the event that these conditions are not completed, the cancellation claim will be subject to rejection. The aim of this research is to clarify these conditions due to their importance, and since adherence to them reflects positively on both citizens and employees, and judicial departments, and thus advances job work. The importance of this research lies in preserving the legitimacy of the cancellation lawsuit, as there has been an increase in lawsuits filed recently that are tainted by failure to fulfill the conditions, so this research came to provide solutions to this problem that exists on the ground. This research also highlighted the most important jurisprudence of the Syrian judiciary regarding the appeal to overturn the disciplinary decision, to support the research, and to be a beacon to be benefited from and emulated in this field.