Indemnification as a Means of Redressing Administrative Damages

Abstract

Indemnification is considered one of the important legal mechanisms aimed at remedying damage caused to public funds as a result of errors or acts attributed to a public employee or a person entrusted with performing a public service. It requires the person responsible for the damage to return the funds or bear the financial burdens resulting from his or her act, in accordance with the applicable legal rules. The importance of indemnification lies in achieving a balance between the requirements of protecting public funds, on the one hand, and safeguarding the rights of the employee and ensuring that no financial liability is imposed upon him or her except on the basis of a legal provision and upon fulfillment of the conditions of liability, on the other hand. This research aims to examine indemnification as a means of remedying administrative damage, and to clarify its concept, legal nature, conditions, procedures, and resulting effects.
The research addresses the legal regulation of indemnification in Iraq and compares it with the Egyptian legal system, highlighting the similarities and differences between the two systems in addressing damage arising from administrative activity, as well as the effectiveness of legal mechanisms in recovering public funds and compensating for damages. It also examines the safeguards afforded to the employee and the person responsible for the damage, and the relationship between indemnification and the various forms of administrative, civil, and disciplinary liability. The research ultimately seeks to identify the main practical challenges facing its application and to propose legal solutions that may enhance the effectiveness of indemnification in remedying administrative damage and achieving a balance between the protection of public funds and the safeguarding of individual rights.