Contraindications of the disciplinary responsibility of a public servant according to the provisions of the Libyan law and judiciary


  • Saleh Faraj Ibrahim Ahmeedah
  • Prof. Abdesselam Ouhajjou


It is known that as a result of the increase in the requirements of working life, it had an impact on the nature of the work of the operating institutions, which led to the change of the general system of the state from the custodian state to the maid that is based on facilities that provide public services to individuals and groups, provided that those facilities work only through The path of the public employee assigned to perform his work, which is entrusted with a number of obligations that he should follow and respect, and in the event of violation of them, the employee will be in front of a functional responsibility if the basic pillars that lead to discipline are established, knowing that most of them do not fall on the employee’s shoulders, the rules of justice do not require That, and it was necessary to establish barriers to deviate from functional responsibility, and distanced when approving the penalty because of administrative guilt if it occurs, including what may be barriers due to the employee’s psychological and mental nature such as alcohol, taking narcotic substances, absence of the mind, and loss of awareness that is not responsible for it, and some of them are due to external factors Such as emergency circumstances, and cases of extreme necessity beyond his control, in addition to cases within the scope of the job, and in times of the employee’s practice in his work that lead to committing a mistake whose burden and responsibility does not fall on the employee, such as Or and fulfill the orders of his superiors within the limits of the law and according to criteria set by the legislator.