The Admissibility of Electronic Evidence in Proving Disciplinary Liability (A Comparative Study)

Abstract

This paper addresses the evidentiary value of electronic evidence in proving disciplinary liability within the context of the ongoing digital transformation of public administration, which has contributed to the emergence of new forms of professional misconduct associated with the use of electronic technologies. The study seeks to evaluate the extent to which electronic evidence can be relied upon in disciplinary proceedings, by examining its admissibility and legal weight in light of the distinctive nature of disciplinary liability and the procedural safeguards required to ensure the protection of public employees’ rights. In addition, the research analyzes the approach adopted by Iraqi legislation and contrasts it with selected comparative legal systems to assess whether the existing legal framework is sufficient to accommodate rapid technological developments. The study employs a descriptive, analytical, and comparative methodology through the review of statutory provisions, doctrinal writings, and relevant judicial practices. It concludes that electronic evidence has become increasingly significant in disciplinary proceedings; however, its practical effectiveness is still constrained by the lack of a comprehensive legislative framework regulating its admissibility and assessment, thereby necessitating legal reform to align with technological advancement while maintaining procedural fairness and administrative balance. The nature of this research necessitated its division into two main sections:Section One: The Concept of Electronic Evidence in Disciplinary Liability.

Section Two: The Admissibility of Electronic Evidence in Establishing Disciplinary Liability (A Comparative Study).