law and order

Code of legal investigation

2019-11-21T11:00:00.001+06:00

All For Your Cute Baby

Reference material

Code of regulations for legal investigation [National Archives Digital Archive]

Related information

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Former Civil Code History (Gakushin Reprint) [NDL Digital Collection]

Chapter 1 Survey Rules

No.1 Law Code No Amendment

2nd Vice Chief Examining Committee, 3 drafting committee members, 3 drafting revisions, drafting revision, 2

3rd Section: Chief Audit Committee Member, Organizing Committee and Report Committee Member

No. 4 Section Organizing Committee

Fifth Vice Report Committee

(1) Emperor of the Empire, law books, magazines, newspapers, etc.

(2) Except for the committee members, the revised opinion submitted to the committee will be reviewed. The document will be reviewed and the drafting committee will be reported.

Chapter 2 Committee

6th Legal Investigative Committee Member

Section 7: The chief examiner, another regular committee member, and the extraordinary committee member, the Toshi regular committee member, and the extraordinary committee member per week.

The 8th committee member convened.

Section 9 Drafting Committee Member Regular Reviewing Committee

Chapter 10: Necessary Protocols Necessary Issues Important Technical Issues Altokiha Drafting Committee Member Hatowo

Eleventh Judgment Committee Drafting Committee and Other Chief Examiners Yori Submissions

12th Decree Draft Amendment to the Law C

13th Decree Draft Amendments to Hazard Decision and Final Resolution

No. 14 Judgment Necessary Aritto Multkiha Already decided by the final resolution of the final decision

15th Committee Final revision proposal for final resolution of voting decisions

Chapter 3 Agenda Rules

16th Committee Chairman Toss Chairman Toss Chairman Accident Altokiha Deputy Chairman

No. 17th Chairman C

No. 18th Committee Membership and Distribution Nominations

Nineteenth member of committee

Twenty-fifth member of the committee, the committee will be distributed three days before the meeting. However, the emergency case and the extraordinary movement of the bill will be granted.

No. 21 Twenty-second member of the committee

The 23rd bill, Chairman of the bill, each agenda, each agenda, a convenient agenda, a bunch of agendas

Twenty-fourth agenda Toss-no-no-no-no-no-no-no-no-no-no-sushi-san-cho, secretary-of-chair-of-the-scenes

25th Anniversary of the Agenda No. Agenda No. 2 End of the Agenda 2

26th bill: Amendments to bill D

27th Revised Amendment to Arni Non-Reha Agenda

28th Chairman C

29th Dec. Submission of the same agenda and amendment of the same agenda.

Thirty-fifth, deciding whether or not to accept a decision

31st Attendees

32nd Annual Meeting of Voting Decisions

No. 33, this rule, C

The labor code of 21st century

2015-12-11T22:12:00.000+06:00

A new stage of reform of the labor market was opened Wednesday, November 4th. An important step, even symbolic, as it is to build the labor code of the 21st century. Manuel Valls presented the guidelines of this reform at a press conference at Matignon. Everyone agrees that our labor law has become illegible. So illegible and confused that small businesses are not proficient in the rules and that employees often unaware of their rights.

Recalled Manuel Valls Wednesday November 4, during a press conference, attended by the Minister of Labor, Employment, Vocational Training and Social Dialogue, Myriam El Khomri. The Prime Minister presented the guidelines for the reform of the labor code, whose ambition is twofold.

Allow companies to be better able to adapt to their environment, to be more competitive and thus create more wealth and more jobs. Better protect employees by offering more appropriate guarantees to changes in our economy.

This readability effort has a clear objective: to enable employees and organizations to better identify their rights and the opportunities available to them to adapt to their own constraints. Readability is the condition of the appropriation of flexibilities that may exist.

The proposals are the result of discussions conducted by Myriam El Khomri with the social partners, based on the work of Jean Denis Combrexelle but also illuminated by the contributions of other actors, such as Robert Badinter and Antoine Lyon Caen. They will be a bill, presented in early 2016, whose preparation will also be in dialogue with the social partners, following three main orientations.

A mission of defining the principles entrusted to Robert Badinter and meet as soon this month personalities whose expertise and authority are unanimously recognized, will issue its finding by January. They will be included in the bill that will be presented in early 2016. From there, a labor law overhaul commission will be set up. It was she who organize rewriting code with a maturity of two years. Composed of judges and qualified individuals lawyers, academics, social relations practitioners - it will report regularly on its work to the social partners.

35 hours week: The law shall guarantee the legal duration of working time. But without waiting for 2016, the new architecture will be applied to the specific area of working time. He had to speed on this, because the changes in the labor market, particularly with the rise of digital, render the increasingly blurred boundaries between personal and professional lives, said Manuel Valls. The law will continue to ensure principles, including that of the legal 35 hours per week and payment for overtime beyond.

The kingdom is the law

2015-12-03T22:16:00.000+06:00

The Talmudic principle Dina demalkhouta the realm of law, has a unique feature: it is one of the few undisputed principles, at least as long as one is limited to the Talmud itself. In fact, it appears in the Talmud that in four places, so it is easy to get a fairly complete picture of the fundamental contexts in which it operates. However, if the principle is not discussed, its justification, it has been understood in different ways. The differences appear which then have an importance that is not only academic.

They have consequences as soon as one wishes to apply the principle in situations different from those provided directly by the Talmud. These considerations control the structure of this study. After indicating the Talmudic sources, it will seek to identify the basis of the principle. This will lead to define its exact scope and in particular by clearly defining the limits.

It must indeed point out at the outset that it is often wrongly invoked. Through ignorance or perhaps sometimes a lack of intellectual honesty, commonly used this principle irrelevant. Let's see first the Talmudic sources. The first is in the Nedarim treated 2. In essence, the Mishnah 3 it states that a taxpayer can tell the collector that the property that it is preparing to enter does not belong to him.

The same taxpayer is authorized to take the oath. The Gemara is surprised that such a thing is allowed. But nevertheless, asks the text, the realm of law is the law, should not seek to evade taxes! Answer: This is only permitted in the case of a collector who acts arbitrarily, for example, a `` collector 'exercising without appointment, a racketeer, or a collector that sets its own amount of 'taxation. But if the amount of the tax is clearly defined and where the collector is a civil servant, it is obligatory to pay taxes honestly, the law of the kingdom is the law.

A second source which is our principle appears in Baba Kama Treaty 4. Based on the fact that Jewish law forbidden to use a stolen property, the question arises: how can it be allowed to cross a bridge built with logs seized by the administration in private? If this entry is theft, it is forbidden to cross the bridge. But, says the Talmud again, the law of the kingdom is the law. The administration can enter the woods to build bridges, leaving the owner to be indemnified thereafter. In other words, the State has a right of expropriation to perform public works.

Third text in Baba treated batra 5. This text describes various applications of our principle which I will retain only the most significant. According to Jewish law, the occupation of land, as long as it does not confer in itself a property right. But in Babylonia, according to the Talmud, an acquisitive prescription intervened after 40 years.

What then is what to do if a Jew buys a non-Jewish land that belongs to another Jew but that the non-Jew has held for 40 years. The realm of law is the law; the rules governing the ownership of land is the responsibility of power and rule over our own principles.

So now three circumstances where the principle of the kingdom law applicable is the law: the obligation to pay taxes, expropriation legitimacy, validity of rules established by the non-Jewish power over land ownership.

In these three passages, at least at first glance, the demalkhouta Dina rule is as strong and without shades. A fourth text in the treatise Gittin 6 introduces a more nuanced issue. The Mishnah states:

The documents issued by the non-Jewish courts have the force of law except for divorce proceedings and freeing slaves. The Gemara following text considers that this rule must be thorough. The Gemara readily admits that the rule applies to deeds of sale but she questions the status of a deed of gift. To understand the hesitation of Gemara, consider what is the difference between a field sales act and an act of divorce. Why is it a valid and the other could it not be?

First answer: it is not the delivery of a deed that constitutes the transfer of ownership. According to Jewish law, it generally takes effect upon the delivery of the money or at the time of taking possession. The act established before the non-Jewish court only serves as proof that the money was given. It is not essential, it does not constitute the transaction.

However, in the case of a divorce, it is the delivery of the document of the husband to the wife before two witnesses that determines the divorce itself. But Jewish law makes no constitutive value to acts established by non-Jewish courts and therefore a divorce granted under these conditions has no effect. An act of non-Jewish court can be used indirectly as evidence provided that the judges are not suspected of corruption but it has no intrinsic legal value.

It is through the delivery of the document that the donation takes effect. So not only evidential value; a deed of gift has a constitutive value and therefore should not be valid. But on the other hand, the text of the Mishnah seems to have ruled that acts of divorce or postage and not acts of donation, so there is reason to be puzzled.

The Gemara then gives the two options. The first is our principle to intervene again, the law is the law of the kingdom, and therefore a deed of gift established non-Jewish court, despite having constitutive value is valid. Second possibility: a deed of gift should be treated as an act of divorce and, therefore, it is not established before a Jewish court, it is worthless.

The Gemara does not settle the question. However, both in the text of the Mishnah in the following discussion, a point are not called into question: a divorce certificate issued by a non-Jewish court has no value in Jewish law. The distinction between acts serving as evidence and constitutions, may possibly be defeated by the rule of the law of the kingdom, is certainly not the only cause and must be completed.

To this end, remember that generally speaking, Jewish law distinguishes two areas. On the one hand, there is what we call dine mamonot, laws relating to money matters, on the other, the laws of issur veheter, laws establishing what is prohibited or permitted. Such as property transactions, purchases, sales, rental, the right of damage, tax laws are among the mamonot dine. By cons, personal law, marriage and divorce, parentage rules, naturalization. The laws of slaughtering animals, the laws of Shabbat and festivals are part of the field veheter of issur, prohibited and permitted.

This distinction gives us a second response. The principle of the kingdom is the law can not apply at most only in the first field, which of money matters. Everything concerning the prohibited and the license is immediately completely excluded. Thus it is clear that a divorce certificate issued by a non-Jewish court is worthless to Jewish law. But the hesitation of Gemara about the donation acts suggests that even in the field of money matters, things are not so simple and should perhaps introduce some details, what following this study actually show.

Let us now examine what is the theoretical basis of the principle Dina demalkhouta, the law of the kingdom is the law. On this point, the Talmud commentators have identified several approaches and sometimes even divide. It includes essentially two doctrines, each of which can moreover be formulated with various shades.

The first doctrine appears in Rabbi Eliezer of Metz, tossafiste leading the twelfth century, and was subsequently repeated by many Talmudic. Answer: because the king is the rightful owner of the land under the right of conquest. It can tell us at every moment to go home. It is not there simply a question of fact or a power struggle.

Just as a private owner can prohibit anyone from entering his home or take up residence, and the royal power can legitimately chase the kingdom sees fit. The right to property can be the result of conflicts and previous violence but when these conflicts have subsided, it is nonetheless a right. Most of today's borders are recognized by international law while very often the result of past wars.

The first way to understand the principle Dina demalkhouta has important consequences. First, it does not apply to the land of Israel to a king or a Jewish power. The land of Israel is a common property of all Jews; it is not the property of the king under a right of conquest. All Jews are involved and the king is only one of them. But above all, greater restriction, the principle applies only to problems related to land.

Everything related to the direct relationships between individuals outside its scope. Tax law must be respected as the tax is considered a fee for to reside in the country. Donations that have been said above they have the force of law are limited to donations of real estate, property whose king legitimately fixed ownership rules. However, everything related conventions, contracts between individuals, even when it comes to money problems, remains the exclusive competence of Jewish courts since it is not a land problem.

The second approach developed by the commentators is less restrictive: the king's power is rooted in the agreement of the inhabitants. Maimonides states that its currency in the country, indicating an accepted authority to distinguish from a combination of armed robbers.

The law of the kingdom therefore draws its legitimacy from its acceptance by the population. This suggests an immediate logical consequence: the king's law is the law in the area left by the Jewish law to the discretion of the population. One finds thereby distinguish dine mamonot, laws on money matters, and issur veheter, laws prohibited and permitted. Indeed, dine mamonot are an area of Jewish law where the community has almost total power to decide.

Certainly we find in the Talmud the definition of a specific Jewish law. But a community can legitimately depart from these rules where there is agreement of the population. For example, the Torah provides a status for the score to object. If we entrust to keep an object and if the object is damaged, lost or stolen, the keeper must, as appropriate, repay the object or oath that kept him properly. But it is perfectly legal to agree with the custodian of another procedure and thus escape the status under the Torah.

This is true of virtually all money matters. Similarly, a whole community can give different rules than required by Talmudic law. In summary, in terms of money, the population has a legislative power. The law of the king was implicitly accepted by the population, it thereby acquires its legitimacy. Maimonides sums this up clearly 7.

If the law of the king is that one does not acquire land only by a written document or the payment of the prize or any other provision, we comply with this law, for the entire king's laws for issues money, it is from them that we believe. But, conversely, questions of banned and permits beyond the free disposal of the population.

A community may decide by a vote now that he is authorized to work on Shabbat, eat rabbit or carrion; it can arbitrarily change the laws of marriage and divorce, or prohibit circumcision. In addition, the detail of the legislation in these areas is the responsibility of hakhamim, the scientists.

The Talmudic authorities, not the population. Therefore, for all these issues, the principle of the kingdom is the law does not apply. For example, if political power entirely legitimate also decides to ban circumcision, this decision forces us in any way con. In general, even employ a little fuzzy terminology, decisions of political power on the moral and religious life does not constrain us. Judaism is here strictly secular: it does not accept that political power encroaches on its own domain.

For completeness, we note that there is still a third basis for the principle Dina demalkhouta. This foundation, which often appears among commentators, especially in Rashi, should not be seen as contradictory to the previous but rather as a supplement. The king, political power has the function that called takanat Hamedina, the proper administration of the country.

It must ensure the public peace, the proper functioning of the economy, ensure the possibility of transactions and exchanges in a stable order. One of the seven laws of Noah son 8 is to give laws. The principle Dina demalkhouta can be interpreted as one of the elements of the legal order in which the institution is considered by our tradition as a universal obligation. The demalkhouta Dina rule is thereby invested with a value in itself than that of the single acceptance by the subjects of the government's authority.

Such are the foundations of our various recognized principle right from the conquest for some, voluntary acceptance of the political order for others, finally element of a civilized order and then invested a universal value.

We must now identify more precisely the limits of the principle. We have already met the first criterion to be met for that state law is binding, that political power is exercised in a stable order and accepted by the population. The tradition does not set for the acceptance process of power a rigid frame. Acceptance formulated by an explicit vote tacit acceptance, a broad range of possibilities is opened. However there is little doubt that political democracy is the most appropriate framework. This explains the traditional view that the authorities generally manifested toward this type of diet.

But it is not enough that the power is accepted that its decrees are automatically legitimate and therefore binding. To be valid, a royal decree has yet to have a universal character, be a general law. Maimonides says 9:

A king who seized the area or field of one of the locals unlike the fixed laws is a thief; that buys [the land] to the king must return it to its owner. The principle is: any law enacted by the King [laying ownership rules] and applicable to all and not just on this individual in particular, such a law is valid. An acquisition made in accordance with this law is not a flight; however, what the king seized from such a person as opposed to the known law of all is a flight.

Many policymakers, for example Ramban, are even more demanding. Literally translate our principle, Dina demalkhouta the realm of law is the law: law of the kingdom and not law of the king, Ramban says. A law is binding only if it is a law of the kingdom, that is to say, a long-standing law and not of a new decree. It specifies 10:

If a king decreed a new law, even if it is a law applicable to all, if it is not one already implemented by previous king’s laws, it is not valid. It is clear that this additional requirement protects against including any emergency decision arbitrary or tyrannical. Moreover, in most decision, expressed a clear opposition that the principle Dina demalkhouta would lead to the abandonment of our own laws, even in financial matters. In this respect, it should distinguish what is of royal authority, political power itself, and what is the responsibility of the courts, that is to say the legislative and judiciary. The principle Dina demalkhouta applies only to matters of direct and traditional political power, the prototype being taxation. But for the rest, for example with regard to conflicts between individuals, only the Jewish law must be taken into account.

Here for example a text of Rabbi Joseph Kolon, a decision-leading 11. Asked about an issue where the law of the country attached great importance to a written while Jewish law did not grant him a secondary importance, here in essence what it says 12. You wonder if he should be judged based on written non-Jewish laws as alleged Reuben. To me, this is an obvious thing that this claim has no value.

Although according to all decision, the Kingdom of law is the law, and that for this reason, the donation of documents executed before non-Jewish courts are valid, Rabbi Eliezer of Metz wrote that it applies this principle as to whether a land acquisition may be effected by an instrument in writing, but not the details of the case law on the writings. And even for those who think the kingdom is the law for other money matters, this applies only to tax problems and those which it is the custom to be set according to the rules decided by the Kings.

But regarding personal conflicts between a man and his neighbor is archi clear that the principle does not apply because it would lead to cancel all laws of the Torah. In summary, until the time of Emancipation, the principle Dina demalkhouta, although undisputed principle, has a limited field of application. It is concerning that which is clear from traditional political authority.

This excludes initially completely the field of prohibited and permitted. It can only intervene at the most only for money matters. Rabbi Eliezer of Metz and those who followed, limitation is even more strict. The principle stems from what the king's rightful owner of the land, and only the consequences of this fact must be taken into account. For Maimonides, the principle has a larger extension. It can be applied to all money matters, but only to the extent that they are problems traditionally managed by the political authority; provided that are in question legal issues within the competence of regular courts, only the Jewish law is to be considered.

With the Emancipation, the picture changes. In recent decades, the Jewish people lost all the legal autonomy which it previously had. The centralized state as it appeared in the West is not compatible with the existence of communities within it obedient to internal discipline. Despite some attempts at resistance, traditional authorities are resigned to this fact. They are then given to the principle Dina demalkhouta possible maximum extension that is not in formal contradiction with Jewish law.

The distinction made previously between political power and legal authority has been erased. It was considered that the legislative and judicial powers are ultimately an emanation of political power, which obviously corresponds to reality in the modern world. Therefore, it was assumed that the principle now applies to all money matters. Jewish laws in this area have become an essentially academic subject of study, almost similar to the laws of sacrifices in the temple of Jerusalem.

However, no more than before, any major traditional authority has ever admitted that the Dina demalkhouta principle can be applied in the field of issur veheter of prohibited and permitted. There is an impassable limit and undisputed. One can also add that in some communities, an internal arbitration system has sometimes been set up. When such a system exists, it should not make use of a non-Jewish court after attempting to resolve the conflict before the Jewish court. But it is often difficult to apply this rule, the Jewish court do not always have the authority to enforce its decisions and do not have the means necessary investigations.

In the State of Israel as well, it is as if the principle Dina demalkhouta was applied in its maximum extension. Excluding the personal right, all of the legislation entirely emanates from the political power. This is certainly consistent with the current practice of our democracies, but it is questionable whether, in regard to the Jewish people, this is indeed an ideal organization. In my view, it follows at least two particularly negative consequences.

The first is forgetting a legislative legacy became a dead letter, as this heritage is an important if not essential part of Jewish culture. Judaism is reduced to be a religion among others, which is to say it is disfigured. The second consequence is a corollary of the first. Traditional authorities, having lost their own social role in the definition and management of the law, often tend to intervene in everyday political life. But they have no special competence in this field and it has no other result than to tarnish their image. 13

Ultimately, the only viable solution is that everyone finds his place. Traditional authority must recover its social role in the definition and implementation of the law. It must not remain confined to ritual and religious sphere, but must cease its participation in politics day by day, which is the responsibility of the people through its representative institutions. The Torah teaches us not to cook together milk and meat, not to mix wool and linen, not to cross different species. In social life too, the mixture of genres produced a very poor culture broth or rather ignorance.

The review of the public session

2015-11-27T09:33:00.000+06:00

Once adopted the Commission's text is discussed and voted on by senators in public. This requires that the project or the bill be placed on the agenda. Senate hemicycle the plenary discussion follows a very specific scenario in which involved a number of players whose role is strictly defined. Here is what these players:

The government representative, who is the Minister or the Secretary of State specifically concerned with the text in question. Its role is to give the government position. The reporter appointed by the commission, whose role is fundamental throughout the debate.

Eventually the or reporters appointed by the committees asked for opinions; Senators who desired to speak in the debate; Finally, the chairman is the Senate President or one of the Vice Presidents. He heads the debates, gives voice to those who have requested and made the votes.

The government, represented by the Minister concerned, this project it defends. The rapporteur summarizes the main lines of the text under discussion, identifies what he brings new and sets out the position of the Commission.

At this stage of debate, each senator including, in the case of a bill, the author of it - has the right to intervene to give his own opinion. The usual rule is that each political group delegates one of its members to explain his position to the other senators.

As soon completed the general discussion, we move to the discussion of the text itself. The chairman successively calls the various articles and for each proposed amendment. The purpose of each amendment is exposed by its author. This can be the rapporteur.a senator or representative government. Discussions ensued, during which each other and give their opinion.

Then the vote. Each Senator can be for, against or abstain. The Secretaries that is to say senators chosen by their colleagues to perform these functions are the count. Depending on the case, the Chair declared the amendment adopted or rejected. This is so the first and last section of the text.

Then comes the vote on the entire text. The Chairman put the entire proposal or project with already accepted amendments. Before voting, each senator has the right to present very quickly its explanations of vote. Generally, these are the representatives of political groups who do on behalf of their members.

The Constitution provides that a law to be adopted must be adopted in terms strictly identical to the Senate and the National Assembly. However, from a similar project, the two assemblies often vote the various texts. We need to agree a conciliation procedure. The normal procedure is to return the text of the Senate in the National Assembly and vice versa until the agreement is perfect.

The Labour Standards Act

2015-11-25T08:45:00.001+06:00

The Labour Standards Act applies to most employees in Quebec. An employee is someone who works for an employer and who is entitled to a salary. Warning! Some people are totally excluded from the application of the Labour Standards Act, including: Self-employed workers, that is to say the people who run their own business; People working in businesses governed by federal laws.

This is the case for federal government employees, banks, radio or television stations, interprovincial transportation companies, ports, telecommunications companies, etc. Labour standards of these people are in the Canada Labour Code, which is a federal law. Moreover, some people are protected in part by the Labour Standards Act. Thus, the following persons shall enjoy only the protection for forced retirement and psychological harassment.

Students who work during the school and college year in an establishment selected by an school and college to a job induction program approved by the government; People who keep or take care of a child, a sick, handicapped or aged person, in which it resides. They must do this occasionally or based on a relationship of family support or assistance in the community.

The employer of these people should not try to make money with this service. Example: the teenager who custody on Saturday evening while parents have an outdoor activity. Senior managers and construction workers, in addition to being entitled to protections regarding forced retirement and psychological harassment are entitled to absences for family reasons as well as maternity, paternity and parental leave.

Remember that even if they are excluded from all other rights and protections of the Labour Standards Act, their employment contract or other laws may protect them. No Sometimes the Labour Standards Act creates exceptions for certain categories of workers such as domestic workers, farm workers and workers in the garment industry. There are also other jobs for which there are few exceptions. Here are two examples.

Most employees have a regular work week of 40 hours. However, the normal working week of an employee working in a sawmill is 47 hours. Most employees are entitled to take paid annual leave. Real estate agents paid entirely on commission does not have that right.

The Labour Standards Act applies to the employee regardless of where he works. If the employer has his business headquarters, his factory, his place of business or office in Québec, it must respect the law. If you usually work in Quebec and your employer sends you to work abroad, it must respect the labor standards of Quebec, despite the fact that you run your work in another country. Yes, but not under any conditions.

An employer may not employ a child under 14 without first obtaining the written permission of a parent. The child must not work during school hours. He can not work from 23:00 to 6:00, unless it has more than 16 years, if a paperboy nor is an artist.

The work must respect the child's abilities and not jeopardize its development, health and education. The Labour Standards Commission is responsible in particular for the application of the Labour Standards Act. The organization's mission is to inform the public on labor standards.

The Commission also has the function to receive employee complaints, investigate and, if necessary, to compensate them according to the scales provided for by law. It also has a mandate to try to get employers and employees to agree as to their disagreements about the implementation of standards.

Finally, the Commission has the power to sue the employer to recover the amounts it had paid to an employee when the employer would have paid him.

Yes I do. Your title, supervisor for example, does not automatically make you a frame. In fact, if you do not hold important decision-making power and you do dictate your tasks, you remain subject to the Labour Standards Act.

For example, if you supervise a work team within a large company and, each week, you have a meeting with the head of section, which tells you some tasks to be executed by your team, you are still considered an employee by law.

Moreover, even if you are a real connection with decision-making powers and extensive management, certain standards and protections of the Labour Standards Act still apply to you, including the right to take time off for family or parental reasons, the right to paternity leave, maternity or parental leave and protection against psychological harassment and making forced retirement.

The fight against harassment and violence in schools

2015-11-24T09:26:00.001+06:00

The well-being and success of all students is the primary objective of the school. However, studies on the school climate show that some young people suffer from situations of violence and harassment particularly at school. Break the law of silence, as is the objective of the first edition of the National Day No harassment of 5 November.

APS Recruitment September 2012 The presidential commitment to recruit 500 prevention and security assistants (APS) allows increasing the presence of adults in schools and institutions that are experiencing difficult situations. Ministerial Mission in November 2012 a ministerial mission in charge of prevention and fight against violence in schools is created.

Act 8 July 2013 the school's reconditions law of the Republic of 8 July 2013 pays special attention to maintaining a peaceful climate in school all schools and institutions. Campaign November 26, 2013 an awareness campaign Act against harassment at school was launched on 26 November 2013. With the establishment of 31 academic referents listening to victims and witnesses, 10 cartoons to raise awareness schoolchildren, 6 sheets for parents and students, a training plan for teachers, a guide to fight against cyber bullying and baptized prices Let us mobilize against harassment.

Summary of activities 6 February 2015 Najat Vallaud-Belkacem took stock of actions undertaken between 2012 and 2014 to fight against harassment at school. She also introduced new initiatives to be put in place during 2015 and 2016 to raise awareness, training and support. Second edition of the Prix April 3, 2015 the second edition of the prize Let us mobilize against harassment received the participation of thousands of students, aged 8-18 years, in twenty-six academies.

Over 800 projects have been completed. Day of mobilization November 5, 2015 The first edition of the day of action to say no harassment at school was launched by Najat Vallaud Belkacem and will be repeated every year. National education must protect students and staff against all types of violence, including violence everyday, less visible, but often at the source of the most tragic events.

The plans that have succeeded in France in recent years have addressed this question partially and usually at the discretion of the various facts and solely through the lens of the fight against crime. Studies show that being a victim, perpetrator or witness violence may be the cause of academic difficulties, absenteeism or dropout. A gradient school climate can also generate more violence and cause disorders of psychological and emotional balance.

The prevention and fight against violence in schools is a major challenge for the educational success of all students. And one of the objectives is to address inequality to violence: 10% of establishments account for more than half of the incidents, 5% third, and neighborhoods are the most affected. In the field, this policy of prevention is reflected in particular by strengthening the presence of adults in institutions, notably with since September 2012, prevention and security assistants (APS), complementary to mobile security teams. Relations with partner’s educators, social workers, police and justice, local authorities, etc. are developed to promote safety in schools and institutions.

The creation of the ministerial delegation to the prevention and fight against violence in schools, in November 2012, aims to identify priorities and to propose concrete measures.

Finally, one of the levers to prevent and fight against violence in schools is the initial and continuing training of personnel. These are indeed the first to be confronted with facts of violence and should be able to spot the first signs of attack or harassment and respond appropriately.

Preventing violence and improving the school climate are an integral part of initial training in higher schools of the teaching and education (ESPE). The ministerial delegation in charge of the prevention of violence in schools has developed specific training modules, with the help of a group of seven ESPE.

The first edition of the Drug Law

2015-11-18T20:57:00.002+06:00

Ten years have passed since the first edition of the Drug Law. Its author is no longer alone, but the purpose of the book remains the same: the study of the rules for licit and illicit drugs and evaluation of their effectiveness. As a critical study regarding the concept of drugs, improperly confused with the drug, the system of various controlled substances, unrelated to their real danger.

The question is whether this criticism has advanced the matter and if in ten years, prejudices, myths and ignorance fell over humanism and reason expected at the conclusion of Prologue. Hence the need for the Prologue Suite reflecting changes in the Law of the drug in the last decade.

Conceptually, the progress of the reason was obvious. The unity of the concept of drugs including both legal drugs (tobacco, alcohol, drugs ) and illegal drugs (narcotics) is now officially recognized.

The Ethics Committee (1994), the reports Heroin (1995) and Rouse (1998) all recognize that tobacco; alcohol and legal psychoactive are similar substances presenting the same risk of abuse addictive that Cannabis, cocaine or illegal opiates. Where the proposed extension of the competences of the Mission for fights against addiction to smoking, alcohol and drug dependence. And if this proposal was only partially acted upon, this is due exclusively to the action of some lobbies fiercely opposed to any assimilation of their goods for drugs. Rationally, however, the extension of the concept of drug will discuss more.

She has also just received a striking confirmation with the new Code of Public Health (2000) which includes in its third section devoted to the fight against addiction, smoking, alcoholism, drug abuse and doping. It is obviously not without consequences for the regime of controlled substances. Indeed it leads logically to the tightening of regulations permissive legal drugs and to softening of repression prohibitionist illegal drugs. For example, for two comparable drugs such as tobacco and cannabis, we should see a strengthening of the stresses on the first and Aunt controlled legalization of the second.

However, the past decade shows that if for legal drugs (tobacco, alcohol, tranquilizers, doping ...) positive law is slowly approaching this objective, in contrast to illegal drugs (cannabis, cocaine, heroin, ecstasy .. .), he resolutely away. As for legal drugs, the most significant text is the Even law (1991), most conspicuous political courage, reminiscent of the Mendes-France government laying the foundations for the beverage Code (1959) facing the lobby distillers. For its part, the 1991 law posits the prohibition of all forms of promotion of tobacco and alcohol. A strategic prohibition considering the importance of communication for such products.

A ban on surplus reinforced by other restrictive measures: obligatory health warning, increase in tobacco prices, banning smoking in public places, ban alcohol sales to minors and in stadiums, etc. All accompanied by criminal penalties triggered by associations fighting against smoking and alcoholism admitted ASE as a civil party. An indisputable victory of the health lobby apex face of alcooliers and tobacco. Subsequent events, however, is less glorious. The Loin Even, attacked from all sides, described as draconian by his many detractors, will be relaxed repeatedly: exemption for sponsorship of certain sporting events by tobacco companies (1993), deletion of display ban for alcoholic drinks (1994), Amendment refreshment restoring the sale of alcohol in stadiums (1999), etc.

The fight against alcoholism provisions are losing much of their coherence. Those targeting smoking are more resistant thanks to the support of European law and the international community. The European Union supports indeed the French provisions by Community Directives and the World Health Organization is inspired to prepare a draft Convention frame on tobacco. The result is a historic decline in cigarette consumption in France of five percent between 1991 and 1999. A notable success, although unnoticed past. As for alcohol, the decline is much less sensitive, but it is continuous for forty years: twenty-four liters of pure alcohol per capita per year in 1960 to eleven liters today.

We can certainly do better, but these figures are encouraging. They show that it is possible to fight with some effectiveness against addictive drugs such as tobacco or alcohol as cultural, thanks to strict regulation without prohibition. Clearly a controlled legalization policy - for the beverage Code and the even law are not something else - can be an effective tool for combating substance abuse. This is also confirmed that the example of the change of status of methadone.

In 1995, in fact, this synthetic opiate, classified as narcotics, becomes a substitute medication provided to heroin under medical supervision. Or substitute a legal drug to an illicit drug proves an excellent method of social treatment. The results in terms of public health are dramatic: the number of overdoses is divided by three (from 563 in 1994 to 167 in 1999). A real health success, past, too, relatively unnoticed. Methadone issue by the state is also one part of a broader political risk reduction that warrants further action resolutely news, such as the free distribution of syringes or supporting associations of addicts.

A humanistic and pragmatic doctrine that refuses to treat drug users as criminals or sick, but considers them as ordinary citizens. Abstinence is no longer sought. It is satisfied with the maintenance to reduce the risks of delinquency, overdose or AIDS. Several thousand people and get their daily dose of opiates and syringes to community fees. An oasis of tolerance in a sea of prohibition. However, there is another tolerance much more debatable, although it emanates from the legislature itself: the case of doping. Thus the use of drugs by an athlete is first Bam buck decriminalized by law (1989), the criminal sanction of the judge being replaced by the disciplinary sanction federations.

Then, before the reluctance of the sports world to exercise self, the penalty is transferred by law Buffet (1999), an independent administrative authority. But at the same time, the text legalizes the administration of doping under medical control. Worse, he organized a hypocrite control system, which makes cannabis one of the first controlled products, while real doping (EPO, growth hormones, steroids ...) remain undetectable. Generally, the amateurism of control measures against the professionalism of doped athletes is evident. So do not be surprised if we are witnessing the inevitable failure of the legal device to a scientifically organized doping. In this context of widespread complacency, however, is an island of severity rating vis-à-vis the providers of doping products assimilated to drug traffickers. But the side of illegal drugs, times are tougher repression.

The war against drugs is officially declared. At the international level first, with the Vienna Convention on Narcotic Drugs and Psychotropic trafficking (1988), the hardest ever adopted in this regard. Nationally then with an avalanche of repressive laws which follow one another at breakneck speed (1989, 1990, 1991, 1992, 1994, 1996, 1999), all in the direction of the greatest rigor. When it comes to drugs the legislator seems seized Medellin syndrome: always-ready-to-vote-any-any-available to show it is ruthlessly with traffickers. The problem is that a written emergency legislation by thinking of the great Colombian cocaine cartels are mainly applies to small local marijuana dealers.

And drug trafficking by organized gangs is today the most severely repressed in French law offense. More than the crime against humanity and murder of a minor with barbaric act. Especially since he is on trial at the special foundation course without jurors. As for single traffic, it is the most severely punished crime of all crimes with sentences of ten years' imprisonment and a fine of fifty million francs, not counting the additional penalties and customs penalties. Penalties that apply equally to the importer of one ton of heroin or bearer ten grams of hashish.

As for cannabis, which represents two thirds of the prosecution, the law provides for twenty years in prison for the production of a plant, ten years for possession of a barrette and one year for the consumption of a seal! Clear sentences disproportionate to the gravity of the acts. Especially since the procedures are added very special totally exorbitant common law (prolonged detention, night raids, police provocations and customs, etc.) to enhance the effectiveness of policing. Procedures that apply, again, to the trafficker as the small holder. Thus the holder of a few grams of hashish-it may be subjected to detention for four days without seeing a lawyer for three days, while a child rapist murderer or a professional killer cannot be kept in custody until forty -eight hours with a lawyer from the first hour.

Grossly unfair. So the police and justice have space to act with utmost rigor. In this regard the Narcotics legislation is a good indicator of the rights of citizens in a democratic society limits. And it is clear that eligible terminals are often outdated. It is no coincidence that the first conviction of France for torture and barbaric act by the European Court of Human Rights (1999) aims of abuse suffered in custody by a drug dealer. The police are also not only abusing this category of staff. Justice is no exception and does not hesitate to shake up some of its principles for the purposes of repression. During the investigation, detention is the principle and freedom apart, while the law establishes the contrary principle.

During the trial, the prison is often the rule, even for a first appearance. After conviction, imprisonment for debt, real customs debt in prison, in addition to the imprisonment of common law, and in disregard of the rule of non-accumulation of penalties. Customs a law narcotic drug is also a lawless zone, since the customs notification or without counsel retained the rights to the astronomical fines that directly benefit Customs officers. More generally, the right drug criminal law draws all down cunningly eroding its fundamental principles: the principle of criminal legality, non-retroactivity of criminal law, the retroactivity of the more lenient criminal law, the non- copulation of penalties, the highest criminal sense, the need for a material element of the offense, etc.

All are more or less excluded for purposes of the case by case law. Besides it describes systematically traffic, the mere transport of small quantities of drugs for personal use. A qualification that turns all young users by drug traffickers. As for the flagrancy, it is no longer what it was: the veiled look of a young man walking through the subway now characterizes the act of cannabis ... Ultimately, it is clear that the Criminal Chamber is no longer the guardian of the rights and freedoms it should be; she became a zealous auxiliary of repression. The effectiveness of the repressive machine is impressive. Violations of drug laws serve alone more than five percent of French prisons. They are the same since 1995 the leading cause of incarceration all offenses.

They thus contribute significantly to overcrowding. This does not lead to a decline of as much drug abuse, quite the contrary. All indicators (arrests, seizures, surveys ...) show an exponential growth in the use and trafficking since the 1970 law Total arrests increased from 3 000 in 1972 to 30 000 in 1988 and 90 000 in 1998. A thirty-fold increase. Between 1970 and l998, total seizures rose from 340 kilos 77A for heroin, 2 grams to 1,000 kilos of cocaine and 600 kilos to 60 tons of cannabis. Multiplying by one hundred. Worse, in the last ten years have witnessed the explosion of a drug that did not even exist during the vote on the law, which is ecstasy tablets seized increased from thirty in 1987 to more than million in 1998. An increase by thirty miles.

As the official estimates of the number of users, they increased for cannabis alone 800 000 people in the Pelletier report (1976) to three and five million in the Heroin report (1995). Ultimately, what was a relatively marginal position in seventy years, has become a fact of life in ninety years. The failure of the prohibitionist and repressive legislation is obvious. And it is not only French, but global. Thus, the United States, advocates of abstinence with their zero tolerance program and champions all categories of repression with their Czar anti-drug, ending the century with over half a million Americans in prison and a creeping legalization of therapeutic cannabis. US authorities claim to be beautiful on the verge of winning the war against drugs, in reality they have long lost.

Moreover, she was lost in advance. For impose by force a drug-free world, as Tobacco Free or without alcohol, is a typically American goal unrealistic, which has no chance of succeeding. Worse, it is dangerous not only for individual freedoms, but also for security and public health. For judicial, police and customs armada is obviously incapable of intercepting the growing body of substances in circulation. It contributes only increase the price of goods and profits for traffickers. It also leads users to commit crimes to obtain their doses. The Trumann report (1990) and figure between thirty and fifty million francs a day the sampling of heroin only on the community.

Delinquency factor in the streets, drug prohibition is also a factor in the spread of AIDS and other serious diseases. Extended to the sale of syringes, it resulted in France the death of tens of thousands of people. Not to mention overdoses due mostly to adulterated products or growing risks of police corruption, etc ... Ultimately, where legislation turns against those it is supposed to protect (users) and benefits those it is supposed to fight (traffickers), it's time to reconsider. After thirty years of implementing the 1970 Act appears to be a historical mistake, pure product of ignorance and prejudices of its authors. Symbol of the legislative obscurantism: the sentence of one year in prison for a lonely and major private individual who absorbs a substance of choice to procure sensations. In the land of human rights and of Cartesians, is more than a mistake: it is a fault.

It is time that France act together and give the world an example of a realistic and humane policy of fight against drugs. It is all the more able to do that it has a credible alternative: controlled legalization. The lessons of the last decade of the right drug, as are those of history are clear enough effect. The objective superiority of the regimes applied to those imposed on licit to illicit drugs is widely demonstrated. It may also be explained easily. Replacing an unattainable ideal of abstinence by a reasonable ideal of moderation, the legislator increases its chances of success. It may confine itself to fight against Abuses youth, society and third parties.

And he can enjoy significant benefits from the fact that drugs are controllable and taxable goods. So could the legalization of cannabis alone create tens of thousands of jobs, provide billions of francs to the State and to social security, decriminalize millions of consumers, decongest the prisons, and even better protect the health public by appropriate safeguards (information for users, bans sales to minors, use in public and behind the wheel).

Undeniable benefits that cannot be ignored indefinitely, especially in view of the adverse effects of torque prohibition-repression. The prohibitionist approach of seventy years is obviously more suitable in the Third Millennium. It is time to replace the war against drugs by civil struggle against drug abuse.

Law on refugees

2015-11-07T10:40:00.000+06:00

In Germany, on Saturday, October 24, entered into force a law that would tighten the asylum procedure. Governmental amendments, hastily passed by Parliament to take effect a week earlier than planned. The new rules will allow the authorities to tighten control over the record entry of migrants up to 1 million people this year.

Urgent reform should further the consideration of requests for asylum in Germany, and also to make faster and more effective procedure deportation of those refused asylum. According to Agency Franc Precise, is now likely to receive asylum in Germany deprived the Nation of the Balkan countries Albania, Macedonia and Kosovo.

By the flow of refugees from the Middle East have joined the populace of the Balkan countries in a challenge to gain the legal right to reside in Germany. The German authorities have stressed that this type of migrants has no grounds for refugee status. Berlin is trying to establish an accelerate procedure for the expulsion of citizens of the Balkan states.

Available Reuters got a letter which the head of the Foreign Ministry and the German Ministry of the inner sent to his classmates from 6 countries of the Balkan Peninsula, bordering with the EU. The letter contains a request to accelerate the procedure, readmission of migrants,the old asylum. Berlin asks the Balkan countries to take their nationals back home from covering a pass issued by the German authorities.

The lack of migrant passports greatly complicates the procedure of his expulsion from Germany. German authorities to reform the system of aid that is allocated to applicants for asylum, pending a reply to its request. A significant portion of cash benefits to replace in kind support. This should reduce the beauty of Germany for the economic migrants who are trying to settle in the country as refugees.

Hindu Widows' Remarriage Act, 1856

2015-11-05T09:50:00.000+06:00

Whereas it is known that, by the law as administer in the Civil Courts established in the territories in the possession and under the Government of the East India Company, Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offsprings of such widows by any second marriage are held so be illegitimate and inept of inheriting property; and

Whereas many Hindus believe that this imputed legal inability, although it is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent those Hindus who may he so minded from adopting a different custom, in accordance with the dictates of their own conscience, and

Where it is just to relieve all much Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage of Hindu widows will tend to the promotion of good morality and to the public wellbeing;

It is enacted as follows:

I. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be dishonest, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any understanding of Hindu Law to the contrary notwithstanding.

2. All rights and interests which any widow may have in her deceased husband's property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to remarry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died; and the next heirs of her dead husband or other persons entitled to the property on her death, shall thereupon succeed so she same ....

3. Except as in the three preceding sections is provided, a widow shall not by reason of her re-marriage surrender my property or any right to which she would otherwise be entitled, and every widow who has re-married shall have the same rights of legacy as she would have had, had such marriage been her first marriage.

Civil Code as the main source of civil law

2014-12-24T21:19:00.002+06:00

The Civil Code of the Federation, para. 1 was enacted on January 1, 1995 Civil Code, ch. 2 entered into force on 1 March 1996. In the near future will be accepted h. 3. There are those regulations that were taken during the Soviet era, but has not yet been updated and replaced by new ones.

The basic principles of civil law are: the recognition of the equality of participants of regulated relations, the inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the smooth implementation of civil rights, provision of redress, their judicial protection.

Citizens and legal entities acquire and exercise their civil rights of their own free will and in their own interest. They are free to establish their rights and obligations based on the agreement and the determination of any legislation not inconsistent with the conditions of the contract.

Civil Code introduced a new concept of custom business turnover. Customs of business recognizes the established and widely used in any area of business rule of conduct, not provided for by law, regardless of whether it is fixed in any document.

Business customs, contrary binding on the parties regarding the provisions of the corresponding law or agreement do not apply.

Allowed to use civil law by analogy.

If you are not directly regulated by legislation or agreement of the parties and is not applicable to them, business custom, then the type of relationship, if it does not contradict their essence, the civil law regulating similar relations .

The analogy of the law is a solution of a particular legal case on the basis of the legal standard , designed not for this, and to similar cases. For example, when a bad capping glass packaging apply by analogy to liability for breach of conditions of quality.

In case the analogy of the law the rights and obligations of the parties is determined from the general principles and sense of civil legislation and the requirements of good faith, reasonableness and fairness. Analogy of law is applied in the presence of a gap in the law, resulting in a similar pick similar rule of law is impossible.
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The concept of legal liability

2014-12-22T20:36:00.000+06:00

Legal liability is inextricably linked to the state , the rule of law , and the responsibility of the wrongful conduct of citizens and their associations. It has a state-coercive. Legal liability is always associated with certain deprivations, ie. E. The offender is accompanied by the infliction of negative consequences, exclusion or restriction of his personal, property and other interests.

Activities of States in the field of coercion is strictly regulated by law . The subjects of this activity court, prosecutors, police, administration of various government agencies that are specifically involved in the review of cases of violations.

For imposing liability requires a number of conditions: wine offender, the wrongfulness of his conduct caused harm to, a causal relationship between his behavior and matured unlawful result.

Legal liability is characterized in that it:

based on state coercion (this particular form of sanctions implementation of laws);

comes for the offense, and is associated with stigmatization;

expressed in certain negative consequences for the offender, is for him a new legal obligation, which did not exist before the wrongful act. and constitute a denial of personal, organizational or material nature;

embodied in procedural form.

Signs of legal liability

Legal responsibility has the following features:

occurs only for those acts that provided legal norms;

be imposed only for the committed actions, not thoughts or intentions;

imposed by the competent public authorities in the

certain legal procedures; to entail adverse consequences for the offender;

involves state coercion offender

to the execution of the law; comes about only once for the same offense.

These signs are mandatory legal liability, the absence of even one of them shows a lack of legal liability and allows to distinguish it from other legal and non-legal categories.

The basic principles of the legal responsibility for the offense - the legality and validity. Concretization of these principles which are common to all state law enforcement, are such special principles of responsibility, as the formula "without the law is no crime, no punishment," the proportionality of the crime (or offense) and penalties ( or foreclosure), the adversarial process, the right to the protection of the person to prosecute, the presumption of innocence of the accused and others, enshrined by law, constitution, human rights covenants.

Responsibilities and penalties depend on the nature of the offense. Distinguish responsibility:

criminal - comes exclusively for the crimes. Only the court can bring to justice and to determine its extent. Criminal penalties - imprisonment, the death penalty, etc .;

administrative - comes for offenses that violate public order or committed in public administration. Responsibly serve administrative penalties, among them - a warning, a fine, correctional labor, administrative arrest for up to 15 days;

civil - comes for violation of property rights - non-contractual obligations, causing property damage. Main measure of responsibility - damages;

disciplinary - comes for violation of labor, educational, military, service discipline. Sanctions on the offender - a remark, reprimand, dismissal, expulsion from school.

Criminal liability

K criminal liability incurred by persons accused of crimes. Called socially dangerous crimes Offences under the Criminal Code and relevant laws. Definition of the crime given in Art. 14 of the Criminal Code. Punishment for crimes apply - the most stringent measures of state coercion, significantly limiting the legal status of a person found guilty of committing a crime (deprivation or restriction of freedom, long terms of hard labor or deprivation of certain special rights, heavy fines and others.). Criminal penalties applied not only for the offense, but also for the attempt, preparation, complicity.

Found guilty of a crime and to sentence the court can only be assigned to it in the procedural form (see. The Criminal Procedure Code (Code of Criminal Procedure)). Serving the sentence is governed by special (penitentiary) legislation. After serving street convicted of a crime for a long time (depending on the seriousness of the offense) remains a criminal record.

Administrative responsibility

Administrative liability is imposed for an administrative offense. In Sec. 3 "administrative penalty" of the Code of Administrative Offences (CAO RF) stated that an administrative penalty is established by a State measure of responsibility for administrative offense and is used to prevent the commission of new crimes by both the offender and other persons (Art. 3.1).

An administrative penalty may not have to humiliate human dignity of an individual who has committed an administrative offense, or causing him physical suffering, as well as harm the business reputation of the legal entity.

For administrative offenses may be established and imposed the following administrative penalties:

warning;

an administrative fine;

compensated seizure instrument or subject of an administrative offense;

confiscation of the instrument or subject of an administrative offense;

deprivation of a special right granted to an individual;

administrative detention;

administrative deportation from the Russian Federation a foreign citizen or stateless person;

disqualification;

administrative suspension of operations.

With respect to the legal entity may apply administrative penalties listed in Sec. 1-4, 9 named list.

Administrative penalties listed in Sec. 3-8, set only the Code of Administrative Offences.

Administrative penalties as a general rule can be assigned no later than two months from the date of the offense. Administrative penalties, as well as the bodies authorized to consider cases on administrative offenses, the production of such cases and order the execution of judgments in the case of administrative violations of the Code are defined.

Disciplinary responsibility

Disciplinary liability is imposed for violation of labor, service, training, military discipline. For a disciplinary offense, ie. A. non-performance or improper performance of an employee due to his fault assigned to it work duties, the employer has the right to apply the following disciplinary actions:

remark;

reprimand;

dismissal on relevant grounds.

Federal laws, statutes and regulations regarding discipline for certain categories of workers may be provided and other disciplinary action.

Do not use disciplinary actions not covered by federal laws, statutes and regulations regarding discipline (Art. 192 of the Labour Code (LC RF)).

Disciplinary action may be appealed by the employee in the state labor inspectorate and (or) bodies to examine individual labor disputes (Art. 193 of the LC RF).

Civil liability

Civil liability for the tort occurs, ie for causing unlawful actions harm to the person or property of a citizen, as well as causing damage to the organization, the conclusion of an illegal transaction, the failure of contractual obligations, violation of property rights, copyright or inventors' rights and other civil rights. Torts involve the use of sanctions such as compensation for damage, forced restoration of the right, as well as other sanctions.

Material liability

Financial responsibility of the employee for the damage caused to the employer, in most cases limited to between average monthly earnings of the employee. Financial liability in full of the damage may be vested in the employee only in the cases provided for in Article LC RF. 243, or other federal laws.

Workers under the age of 18 years shall be fully liable only for willful damage, damage caused by the influence of alcohol, drugs or toxic substances, as well as resulting from the commission of a crime or administrative offense.

Types of legal liability

2014-12-20T20:47:00.002+06:00

They are separated by just as differentiate types of offenses. Allocate nine kinds of legal liability (classified by industry sector). Consider, depending on their severity.

Criminal liability for an offense under criminal law. It is characterized by the most severe sanctions, including imprisonment or even the death penalty. Criminalizes only the law and is used exclusively in the courts. The procedure of imposing extremely detailed. This is due to its special repressive and the desire of the legislator to pre-empt the smallest possible error on the part of law enforcers.

Administrative liability is provided for administrative offenses, ie. A. For non-traffic rules, public order, environmental protection, hygiene and sanitation, and others.
Administrative sanctions less severe than criminal, but at the same time they are able to deliver tangible adverse consequences for the offender (eg, arrest, suspension, fines, confiscation of objects, deprivation of special rights). Administrative liability for offenses that from the point of view of public danger border crimes (eg, violation of traffic rules, resulting traffic accident, disorderly conduct, petty theft, disobeying a police officer and others.).

Disciplinary responsibility should be in breach of duty. They can be installed as the LC RF, internal regulations, job descriptions, operating in enterprises, institutions and statutes, rules, regulations, addressed to specific categories of workers (such as civil aviation workers or soldiers). Disciplinary sanctions (remark, reprimand, deprivation of bonuses, demotion et al.), Although not as severely affect the legal status of the individual or her well-being, however, can significantly diminish the honor and dignity of the worker, affect the respect for him that has a certain educational effect and prevents the commission of further misconduct.

A Financial liability associated with damage caused by employees. The fact of being in the service and the performance of their job duties in the interests of the company as it softens his fate: he is obliged to compensate the damage is not the full amount, and the amount of their monthly earnings, if the damage was caused by negligence.

Civil liability otherwise referred to as the responsibility of the estate. It is used for the commission of the tort, the essence of which is causing financial or moral harm to individuals, organizations with whom the offender is not in labor relations. Civil liability is An obligation to make amends for citizens and organizations to property or pecuniary damage. Damage is compensated in full, regardless of the application of other measures of legal action. For example, criminal prosecution does not exempt a person from the obligation to compensate for the damage, as well as, indeed, an administrative fine not cancel his duty to repair the damage in the area of property affected by the administrative offense.

Financial responsibility is incurred for acts committed in violation of rules for handling financial resources. Such rules are set by the government in order to be able to deal with common matters that require material expenditures and financial resources. Financial sanctions quite noticeable. This collection of unpaid or hidden taxes and fines, and seizure of bank accounts, and others.

Family responsibilities imposed for offenses, family who are very diverse in nature. Feature of family responsibility is that it applies only for family offenses constituting a certain "critical mass" defined offended party in family law. Family sanctions less diverse than family offenses, but some of them may have even break event, for example, termination of parental rights, and others.

Constitutional responsibility is expressed most often in the abolition of regulations that contradict the Constitution, but not only (the impeachment of the president, the dissolution of Parliament and others.).

Procedural responsibility rests for violations of the legal order of passing the case to law enforcement officials, but mostly for violation of the rules of law, justice, and in particular the conduct of the trial. Range of procedural sanctions is quite wide: from a warning to removal from the courtroom, from fines to force the drive and maybe arrest, for example, a witness for giving false testimony.

Other measures of state coercion (protection)

Legal responsibility is an important, but just one of the types of state coercion. Along with her views of state coercion recognized preventive measures exposure preventive measure measures.

Preventive measures the impact can be divided into measures used to prevent possible offenses (check identity documents, inspection of baggage, cargo, administrative supervision of persons released from prison, et al.), And measures to ensure public safety, disaster disasters, accidents, accidents (suspension or restriction of movement of vehicles and pedestrians, termination or restriction of access to the object subjected to an accident, and so on.). These measures are preventive in nature. Coercion is manifested in the fact that it is carried out without the consent of the persons required to submit the prescribed action or to refrain from any action, and, moreover, that they limit the rights of people, although used by the authorized bodies and officials.

Preventive measures aim to stop illegal and prevent new ones. They must be operational and implemented for the benefit of society, the state, or in the interest of a potential offender (place in a medical detoxification center, a psychiatric hospital, the use of firearms, and others.). Sometimes preventive measures violate the physical integrity of citizens, as is the case when using sniffer dogs, hardware (truncheons, gas, water spray, handcuffs and so on. N.). Preventive measures are very diverse. Besides those already mentioned, these include the drive to the police and an official warning to persons engaged in anti-social behavior, seizure of property (such as knives, seals, stamps and so on. D.), Administrative detention. Unfortunately, most complete in a matter of settled law on administrative detention.

Measures are applied for offenses that have a minimum degree of public danger, or acts constituting a certain legal anomaly, a slight deviation from the normal rule of law, can not be given the nature of the offense. Protection measures consist in the fact that a person is forced to perform the duties lying on it, which it previously had to be fulfilled, but for some reason are not fulfilled. For example, the removal of the things on the basis of the claim vindikapionnogo, recovery borrow a sum of money, invalidation of the transaction with the return of the parties to the original property, reinstatement of illegally dismissed, recovery of sums wrongly paid to the employee (travel, etc.).

Delineation of legal liability and other types of state coercion is important because it allows us to choose the most suitable and effective means of public response to protect the interests of the individual, the state, society.

Student and terrorism

2014-12-20T11:05:00.001+06:00

Gregory Lebedev - one of those teenagers who have grown up in a completely safe family and ended up in jail for serious charges: minor Lebedev was convicted under "terrorist act" (art. 205 of the Criminal Code) - as a member of some far-right "Autonomous combat terrorist organization. ABTO wine alleged members, some of whom said that he had met only in the courtroom, was that they threw a couple of "Molotov cocktails" in the window of the building of the FSB and burned several stalls (details about the case can be found here .

Almost all convicted in the case ABTO "terrorists" - teenagers, recently graduated from the school. Lebedev was in jail "Vodnik" in 16 years, in the tenth grade dropouts few months. Eleventh He graduated already behind bars and was one of those rare people in prison schools, which passed the final exams for four and even got a five.

- People working there are wonderful, - says Lebedev school. - It's a big job and a lot of respect for teachers who are not afraid to come and teach young offenders. But they come to us not as criminals but as children who need the knowledge. And it's great.

Charges under article "terrorist act" (and not, for example, more logical "destruction of another's property"), according to friends and lawyers, due solely to revenge insulted security services: after the "attack" on the FSB on the Internet there was a video with subtitles arson "C Day of the Cheka, the bastards. "

Lebedev himself participated only in the episode with the FSB building: as a result of arson was smashed one window, and inside the cabinet sill burned and four office chairs.

Chairs for Grisha Lebedev gave six years.

The Supreme Court later slowed him up to four years in prison, which Lebedev sat in the Altai Territory from start to finish: on parole in Russia "terrorists" do not release ever. From colony to his station, especially not hiding, accompanied by local policemen.

Now the young terrorist sitting opposite me in the "Coffee House", drinking green tea and smiles shyly. Blushing slightly, he slowly explains:

- Look. In general, there is a school very useful thing that could come up at all. Because, firstly, it is a no, and the chance to get an education - even, perhaps, formal, but some base, some basics you will give it. Secondly, as they say, in prison limited space is complemented by an unrestricted free time. There are constantly looking for, what would keep him occupied, from idleness happen spleen, depression, and school - this is the place where you can, in principle, to escape from reality.

- A lot of guys started to read the book only once in prison - smiling Lebedev - Because ... again, we must somehow fill the air. Start reading from idleness, and then it begins to look and many still think, that I was a fool, that freedom does not read books. And from the teachers I have never seen some of neglect, we saw sympathy with them, words of encouragement, participation.

He lifts the lid teapot, looks inside, and adds: "If the school №5 in jail will not, it will be a huge omission and a great loss for the people, that's what I say."

Crime of Sexual Nature

2014-12-20T10:50:00.001+06:00

The Plenum of the Supreme Court in cases of rape released unexpected decree that knowingly false promise of marriage is not a compulsion to sexual intercourse.

"They cannot be regarded as coercion to perform sexual acts ,or other crimes against sexual inviolability and sexual freedom of the individual actions of the person in bringing the consent of the victim to have sexual intercourse or acts of a sexual nature by fraud or breach of trust. For example, deliberately false promises of a woman to engage her in marriage, etc.- says the decision of the plenum.

The document also states that the compulsion to copulate are still blackmail, threat of destruction, damage or seizure of property or the use of material or other dependence.

In a conversation with well-known lawyer Leonid Olshansky expressed the opinion that such a decision is fair.

"This is the right decision. And, of course, is to untie the hands of criminals can not. Let's just be clear: therapist - is someone who wrings his hands, tearing the dress, pulling into the bushes. Or hit on the head and then dragged into the bushes

This is a huge divide between courtship and crime - says the lawyer. - The article Rape of the Criminal Code states that a crime - it is direct or violence, or if the offender took advantage of the helpless state of the victim.

And if someone says: Mary, I'll marry you. Come soon undressed! - It is a trick, not violence.

Agrees with his colleague and member of the Public Chamber Anatoly coachman. At the same time, he believes that such things should be considered carefully.

"Just note: Plenum of the Supreme Court - is not the norm, and clarification of the application. I think this is the right decision. However, in the investigation of this category of crime, according to the Russian legislation, the bodies of the preliminary investigation and the court must evaluate all collected together on the case evidence. This evidence, including the victim - said the coachman. - If the actions of a violent nature were committed and the victim filed a complaint about the rape to the police, they and preliminary investigation bodies are required to verify this information. And the investigation should determine whether these facts or they are refuted. And who said what - also need to find out by examining.

This opinion is shared portal leading expert on domestic violence willow branch Andrei Sarychev. I think it's quite fair. After all, it is still a question of crimes against sexual inviolability and sexual freedom of the individual.

And verbal wish the victim or the victim of any goods still can not form part of this serious crime, - said Sarychev.

It should be noted that while the plenum decided that

A helpless state of the victim is considered alcohol or drugs, but only if the victim could not offer resistance, not knowing what was happening to her.

In evaluating the circumstances of the rape and committing sexual assault against the victim of a person who is intoxicated, the courts must proceed from the fact that helpless state in these cases may be recognized only this degree of intoxication with alcohol, drugs or other intoxicants (psychoactive) substances which deprive a person opportunity to understand the nature and significance of committed him to resist any action the guilty party,- said in the Supreme Court.

It is worth noting that this fragment decisions can probably be used at the trial of the scandalous case of Anna Shatova - 16-year-old girl who was gang raped in September this year in Novosibirsk. During the party Shatova (accepted, according to witnesses, psychoactive substances) was unconscious, you can use the six young people present there. The incident caused a heated debate in social networks. In particular, we discuss how different from the violent rape of a situation in which a person has no resistance and is in a helpless state.

Always Update Cricket Predictions

What Is Health Law?

2014-12-17T20:08:00.000+06:00

There are many ways to conceptualize health law. The Health Law & Justice Program views health law as encompassing not only the law of health care delivery and financing but all areas of study that focus on the intersection between law and health: from the ethics of embryonic stem cell research, to the role of government in preventing child maltreatment, to occupational health and safety regulations, to the laws governing elder care and death.

We have grouped our health law courses into four overlapping but distinct areas of study: health care law, public and population health law, bioethics, and global health law. Although these are not the only categories into which health law may be divided, we think these groupings provide a helpful lens for understanding the field’s multifaceted nature.

Worldwide health law

2014-12-17T20:02:00.000+06:00

Global health law is an emerging field that addresses the health challenges associated with globalization and population growth. Global health law encompasses “international health law” but also extends beyond it in three important ways. First, whereas international health law focuses primarily on health-specific agreements, global health law examines a wider array of laws that affect but are not necessarily focused on health, such as laws governing trade, intellectual property, national security, human rights, and environmental protection.

Second, whereas international health law focuses on agreements among nation-states that attempt to influence governmental behavior, global health law also addresses the legal rights and obligations of nongovernmental actors such as corporations, nonprofit organizations, and private individuals. Finally, whereas international health law focuses on international agreements, global health law also considers the impact that countries’ national and local laws have on global health. Thus, global health law breaks down many of the traditional distinctions that define international health law and, thereby, reflects the complexity of the health threats the world faces today. The Washington College of Law curriculum includes several courses designed to help students understand these threats and the unique legal and policy challenges they present.

Community and population health law

2014-12-17T19:47:00.000+06:00

Public health law has deep historical roots, but it has only recently emerged as a distinct area of legal study. Part of what distinguishes public health law is its focus on prevention and populations: whereas healthcare law generally focuses on the delivery of treatment to individual patients, public health law generally focuses on preventing injury and disease by lowering health risks among populations. Thus, a public health intervention, such as requiring cars to have airbags, may not decrease any particular individual’s risk of death as much as an expensive surgical procedure could, but when spread across a population, such interventions can make a huge difference in morbidity and mortality rates.

Because of public health’s focus on populations, we group public health law together with those areas of study that focus on the health of particular populations, such as children and the elderly. Our curriculum includes several courses devoted to public health law and the law governing the health of specific populations.

The law of one price has been dishonored

2014-12-17T19:34:00.000+06:00

There are three extreme happenings that have occurred so far in 2013 which I believe are wildly under appreciated.

The first is the advance in the U.S. stock market relative to inflation expectations.The second is the spike in yields, with investment-grade credit ranking in the top three worst quarters going back 30 years.

The third is the spread of emerging markets to the S&P 500 being the widest its been since 1998 in the absence of a 1998-like event.

Frustrating, indeed, for anyone who tactically trades, although in some ways it’s good to have extremes happen so one can bet on a resync. I have hit the emerging-markets trade over the head numerous times, but I want to attack the mean-reversion thesis from a different angle here.

Some have argued on Twitter that the reason the spread between emerging markets and the U.S. is this wide is indeed due to an event — the event of quantitative easing. Maybe, but if that's the case, then this is some illegal price movement.

The law of one price states that identical goods should carry identical prices if markets are efficient. I am not a believer in efficient markets given the ample evidence to the contrary. However, I do think its safe to say that similar assets should be priced similarly.

The co-movement of foreign-stock ADRs to U.S. markets, co-movement of stocks grouped by sector, and the co-movement of large-capitalization and small-capitalization stocks indicates this is largely how markets work. While none of the components are perfectly correlated, they still do tend to move in unison.

U.S. markets have had a runaway move, and everyone is in love with chasing the trend. Yet, if prices are right, then should not emerging markets react off of the pricing behavior and the message of mufti-national large-cap stocks of developed markets?

Take a look below at the price ratio of the SPDR S&P Emerging Markets ETF GMM, -0.40% relative to the i Shares MSCI EAFE Index Fund ETF EFA, +0.72% As a reminder, a rising price ratio means the numerator/GMM is outperforming the denominator/EFA. A falling ratio means under performance. For a larger chart, please click here.

This is not just a U.S. QE story. Emerging markets have massively underperformed the markets of non-QE stocks, and are not at ratio support. How does the law of one price apply here?

If developed markets are strong, then should not the factors that affect those stock prices also positively impact stocks in emerging markets? Should not the emerging-market suppliers of developed markets be pulled higher by improved stock market sentiment in the buyers of their goods?

The spread is what is illegal here. And while I fully recognize that irrational markets can get even more irrational, there comes a time when one can feel comfortable in identifying a massive disconnect based on unemotional reasoning and logic. Similar assets priced similarly? Hasn't happened yet. That's exciting.

What is Criminal Law?

2014-11-10T08:19:00.000+06:00

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.

The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and may establish punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law—through the gathering of evidence and prosecution—is generally considered a procedural matter.

Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony involves serious misconduct that is punishable by death or by imprisonment for more than one year. Most state criminal laws subdivide felonies into different classes with varying degrees of punishment. Crimes that do not amount to felonies are misdemeanors or violations. A misdemeanor is misconduct for which the law prescribes punishment of no more than one year in prison. Lesser offenses, such as traffic and parking infractions, are often called violations and are considered a part of criminal law.

The power to make certain conduct illegal is granted to Congress by virtue of the Necessary and Proper Clause of the Constitution (art. I, § 8, cl. 18). Congress has the power to define and punish crimes whenever it is necessary and proper to do so, in order to accomplish and safeguard the goals of government and of society in general. Congress has wide discretion in classifying crimes as felonies or misdemeanors, and it may revise the classification of crimes.

State legislatures have the exclusive and inherent power to pass a law prohibiting and punishing any act, provided that the law does not contravene the provisions of the U.S. or state constitution. When classifying conduct as criminal, state legislatures must ensure that the classification bears some reasonable relation to the welfare and safety of society. Municipalities may make designated behavior illegal insofar as the power to do so has been delegated to them by the state legislature.

Laws passed by Congress or a state must define crimes with certainty. A citizen and the courts must have a clear understanding of a criminal law's requirements and prohibitions. The elements of a criminal law must be stated explicitly, and the statute must embody some reasonably discoverable standards of guilt. If the language of a statute does not plainly show what the legislature intended to prohibit and punish, the statute may be declared void for vagueness.

In deciding whether a statute is sufficiently certain and plain, the court must evaluate it from the standpoint of a person of ordinary intelligence who might be subject to its terms. A statute that fails to give such a person fair notice that the particular conduct is forbidden is indefinite and therefore void. Courts will not hold a person criminally responsible for conduct that could not reasonably be understood to be illegal. However, mere difficulty in understanding the meaning of the words used, or the Ambiguity of certain language, will not nullify a statute for vagueness.

A criminal statute does not lapse by failure of authorities to prosecute violations of it. If a statute is expressly repealed by the legislature, but some of its provisions are at the same time re-enacted, the re-enacted provisions continue in force without interruption. If a penal statute is repealed without a saving clause, which would provide that the statute continues in effect for crimes that were committed prior to its repeal, violations committed prior to its repeal cannot be prosecuted or punished after its repeal.

The same principles govern pending criminal proceedings. The punishment that is provided under a repealed statute without a saving clause cannot be enforced, nor can the proceeding be prosecuted further, even if the accused pleads guilty. A court cannot inflict punishment under a statute that no longer exists. If a relevant statute is repealed while an appeal of a conviction is pending, the conviction must be set aside if there is no saving clause. However, once a final judgment of conviction is handed down on appeal, a subsequent repeal of the statute upon which the conviction is based does not require reversal of the judgment.

Generally, two elements are required in order to find a person guilty of a crime: an overt criminal act and criminal intent. The requirement of an Overt Act is fulfilled when the defendant purposely, knowingly, or recklessly does something prohibited by law. An act is purposeful when a person holds a conscious objective to engage in certain conduct or to cause a particular result. To act knowingly means to do so voluntarily and deliberately, and not owing to mistake or some other innocent reason. An act is reckless when a person knows of an unjustifiable risk and consciously disregards it.

An omission, or failure to act, may constitute a criminal act if there is a duty to act. For example, a parent has a duty to protect his or her child from harm. A parent's failure to take reasonable steps to protect a child could result in criminal charges if the omission were considered to be at least reckless.

Ordinarily, a person cannot be convicted of a crime unless he or she is aware of all the facts that make his or her conduct criminal. However, if a person fails to be aware of a substantial and unjustifiable risk, an act or omission involving that risk may constitute negligent conduct that leads to criminal charges. Negligence gives rise to criminal charges only if the defendant took a very unreasonable risk by acting or failing to act.

Circumstances excluding criminal responsibility

2014-09-25T13:28:00.000+06:00

Criminal laws entrenching a provision under which the presence of certain circumstances individual acts, although subject to the elements of a crime are not recognized as such, ie crimes. Such circumstances include the need to defend the law and the urgent need.

Self-defense - is the protection of all rights and legitimate interests, rights and lawful interests of other persons, society, the state of socially dangerous encroachment regardless of ability to avoid infringement or to seek assistance from other persons or authorities.

Legitimate is to protect individual rights and legitimate interests of the defender, another person, society and the state by causing any harm to an attacker if the attack was associated with violence dangerous to the life of the defendant or another person, or an immediate threat of such violence.

Protection against attacks that do not involve violence dangerous for life of the defendant or another person, or the threat of such violence is legitimate, if this were not exceeded the limits of necessary defense, ie, intentional action is clearly not appropriate to the nature and danger of abuse.

However, the law has established that for exceeding the limits of necessary defense person to criminal liability and is appropriate criminal penalties.

State of emergency - is to eliminate danger to the interests of the state, the public interest, the person or the rights of the individual or of other citizens, if this danger under the circumstances could not be eliminated by other means, and if the injury is considered to be less significant than the harm prevented. Not the offense for a citizen if he harmed offender for his detention or stop his criminal activities.

Divorce Law in Bangladesh

2014-08-23T21:40:00.000+06:00

Marriage is the very foundation of civil society and no part of the laws and institutions of a country can be more vital importance to its subjects than those which regulate the manner and conditions of forming and, if necessary, of dissolving, the marriage contract.

(1) Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken.

One of the ways of such dissolution is by way of divorce. Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage. The Prophet declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce in Islamic law is the inability of the spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together.

(2) It is sometimes suggested that the greatest defect of the Islamic system is the absolute power given to the husband to divorce his wife without cause. The reforms of Mohammed marked a new departure in the history of Eastern legislation. He restrained the power of divorce possessed by the husband; he gave to the women the right of obtaining a separation on reasonable grounds; and towards the end of his life he went so far as practically to forbid its exercise by the men without the intervention of arbiters or a judge.

(3) Prophet (PBUH) dislike it most because it prevented conjugal happiness and interfered with the proper brining up the children.

Concept and characteristics of crime

2014-06-26T13:26:00.000+06:00

Criminal law provides a definition of the crime. Thus, the offense under the criminal law recognizes socially dangerous act action or inaction that infringes on the social order, political and economic systems, identity, labor, property and other rights and freedoms.

Not a crime act or omission, although formally containing signs of an act under criminal law, but because of insignificance not danger to society.

Legislator, giving the definition of crimes committed in his concept of the main features - a public danger and illegality. Consider these signs.

Socially dangerous act is an objective property deeds actually cause substantial harm to the objects under criminal law, ie, personality, property of citizens and organizations, etc.

As regards the term "act", it consists of two words: "action" and "inaction." Action is socially dangerous, active and informed voluntary behavior of man in society. For example, cheating buyer seller shop bodily injury citizen of hooliganism, etc. Inaction - is socially dangerous, passive, conscious volitional behavior face. Passivity manifests itself in imperfect actions which the person was obliged to and could commit.

Wrongfulness appears that violates the norm enshrined in criminal law prohibition to commit an act that causes or is capable of causing significant damage to the objects protected by the criminal law. Thus, under pain of criminal punishment prohibits kidnapping personal property.

Wrongfulness can be expressed in default face his responsibilities.

Combination of features that make up according to the law a specific type of crime, called corpus delicti. Criminal liability and punishment are possible only if there is a person in the act of a crime: object, the objective side, the subject, the subjective side.

Object of the crime are:

social system;

political and economic systems;

property;

person (people);

political, labor, property and other rights;

the rule of law.

Objective side - the act or omission by which a crime is committed. For example, by the action takes place in secret abduction personal property (ie, theft).

Perpetrator - a person who has attained the age specified in the law, able to account for their actions and guide their actions, ie, to be sane (mentally full). Criminal law has established that criminal liability shall be persons who, before the offense was 16 years, and for a series of crimes (such as murder, theft, robbery, rape, etc.) - 14 years.

The subjective side - it is the fault, ie, the psychological attitude of a person to commit a crime. Taken to distinguish between guilt in the form of intent and negligence form.

Intent is characterized in that the offender, unaware socially dangerous nature of his action or inaction, foresaw its socially dangerous consequences, and willing them or consciously allowed these consequences.

A crime is considered negligent if the person who committed it foresaw the possibility of socially dangerous consequences of action or inaction, but thoughtlessly counted on to prevent them or did not foresee such consequences, although he should have and could have foreseen them.

Criminal law distinguishes crimes stage. In particular, the preparation of a crime, attempted crime, committed offense.

Courts must take into account when sentencing for the preparation and attempt the nature and degree of social danger of acts committed guilty, the level of criminal intent and the reasons why the offense was not brought to an end. A person who voluntarily renounced the consummation of crime, be held criminally liable only if the act committed by him actually contains the elements of a crime.

Criminal law has established that they are punished for the crime of not only the person who committed it directly, but also those persons who in one way or another contributed to its commission. In this case we are talking about complicity. Complicity is the intentional joint participation of two or more persons in the commission of a crime.

Accomplices in the crime along with the performers recognized organizers, instigators and accomplices. Criminal law punishes and concealment, and failure information reliably known or crime.

3 Best Enterprise Dedicated Servers

2014-05-31T18:29:00.000+06:00

When it comes to Best Enterprise Dedicated Server, I recommended the 3 best ones based on my 10 years experiences with dedicated server – 100tb, singlehop and serverpronto.

SingleHop is a dedicated hosting provider based in Chicago. With more than 3000 dedicated servers hosted, SingleHop is one of the leader on the market .

SingleHop offers unmanaged, managed and semi-managed dedicated servers at affordable prices. Singlehop’s Data Center is SAS 70 Type 1 certified and their network utilizes BGP technology and is routed by top of the line Juniper edge routers and aggregated through Cisco switches. As a Chicago Dedicated Server provider, SingleHop have access to most major bandwidth providers as AboveNet, Internap, Level3 …

SingleHop resells and provides dedicated servers for your hosting needs. They target the enterprise market and not the budget-conscious crowd. SingleHop allows you to customize their packages and often prefers giving out quotations than the regular packaged deals.

100TB.com is part of the UK2 Hosting, which owns and operates a group of web hosting enterprises. 100TB specializes in high performance dedicated servers with dedicated tier 1 bandwidth. 100TB.com has become well known for its dedicated 1GBit port, large data transfer capacity and automated IP management platform.

With a global network of 13 data centers in London, Utah, Washington, Texas, Seattle, San Jose, Singapore and Amsterdam; they have the means to make anything possible. The entire 100TB network uses Juniper and Cisco routing equipment to ensure that clients are on the best possible network connection.

ServerPronto is a brand of Infolink that has been providing affordable dedicated hosting services since 1999. It carries with it the history of Infolink and its experience which it has gained over the years as a reputable data center corporation known worldwide for its profitability. Infolink must have started its subsidiary ServerPronto to help it carry on this mission and they are bound to succeed given the way they charge low competitive prices for quality service.

ServerPronto is a dedicated hosting subsidiary of Infolink: a profitable Data Center Corporations. ServerProto operates their own network in the USA and maintains redundant Fiber Optic Rings which allow them to directly peer with Tier 1 Internet Backbones. The staff at ServerPronto are server experts with over Ten years of building and maintaining servers and computer networks.

All Server Pronto servers are housed in secured and reinforced Data Centers with redundant power, and lightning fast fiber connections, as well as 24x7x365 support. Their support center runs 24/7/365 with live operator support. Dedicated Servers and network operations are monitored 24/7.

Above are the top 3 best enterprise servers based on my 10 years experiences with over 20+ dedicated server companies.

How the United States Immigration System Works

2014-05-25T08:31:00.000+06:00

U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Congress and the President determine a separate number for refugee admissions.

Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.

I. Family-Based Immigration

Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and lawful permanent residents (LPRs) to bring certain family members to the United States. There are 480,000 family-based visas available every year. Family-based immigrants are admitted to the U.S. either as immediate relatives of U.S. citizens or through the family preference system.

There is no numerical limit on visas available for immediate relatives, but petitioners must meet certain age and financial requirements. Immediate relatives are:

Spouses of U.S. citizens.

unmarried minor children of U.S. citizens (under 21 years old).

parents of U.S. citizens (petitioner must be at least 21 years old to petition for a parent).

There are a limited number of visas available every year under the family preference system, and petitioners must meet certain age and financial requirements. The preference system includes:

adult children (married and unmarried) and brothers and sisters of U.S. citizens (petitioner must be at least 21 years old to petition for a sibling).

spouses and unmarried children (minor and adult) of LPRs.

In order to balance the overall number of immigrants arriving based on family relationships, Congress established a complicated system for calculating the available number of family preference visas for any given year. The number of family preference visas is determined by subtracting from 480,000 the number of immediate relative visas issued during the previous year and the number of aliens “paroled” into the U.S. during the previous year. Any unused employment preference immigrant numbers from the preceding year are then added to this sum to establish the number of visas that remain for allocation through the preference system. By law, however, the number of family-based visas allocated through the preference system may not be lower than 226,000 Consequently, the total number of family-based visas often exceeds 480,000.

II. Employment-Based Immigration

Temporary Visas

The United States provides various ways for immigrants with valuable skills to come to the United States on either a permanent or a temporary basis. There are more than 20 types of visas for temporary nonimmigrant workers. These include L visas for intracompany transfers, P visas for athletes, entertainers and skilled performers, R visas for religious workers, A visas for diplomatic employees, O visas for workers of extraordinary ability, and a variety of H visas for both highly-skilled and lesser-skilled employment. Many of the temporary worker categories are for highly skilled workers, and immigrants with a temporary work visa are normally sponsored by a specific employer for a specific job offer. Many of the temporary visa categories have numerical limitations as well. The U.S. Citizenship and Immigration Services (USCIS) website contains a more comp

III. Refugees and Asylees

Protection of Refugees, Asylees, and other Vulnerable Populations

There are several categories of legal admission available to people who are fleeing persecution or are unable to return to their homeland due to life-threatening or extraordinary conditions.

Refugees are admitted to the United States based upon an inability to return to their home countries because of a well-founded fear of persecution due to their race, membership in a social group, political opinion, religion, or national origin. Refugees apply for admission from outside of the United States, generally from a “transition country” that is outside their home country. The admission of refugees turns on numerous factors such as the degree of risk they face, membership in a group that is of special concern to the United States (designated yearly by the President of the United States and Congress), and whether or not they have family members in the U.S.

Each year the President, in consultation with Congress, determines the numerical ceiling for refugee admissions. The total limit is broken down into limits for each region of the world as well. After September 11, 2011, the number of refugees admitted into the United States fell drastically, but annual admissions have steadily increased as more sophisticated means of conducting security checks have been put into place.

IV. The Diversity Visa Program

The Diversity Visa lottery was created by the Immigration Act of 1990 as a dedicated channel for immigrants from countries with low rates of immigration to the United States. Each year 55,000 visas are allocated randomly to nationals from countries that have sent less than 50,000 immigrants to the United States in the previous 5 years. Of the 55,000, up to 5,000 are made available for use under the NACARA program. This results in a reduction of the actual annual limit to 50,000.

Although originally intended to favor immigration from Ireland (during the first three years of the program at least 40 percent of the visas were exclusively allocated to Irish immigrants), the Diversity Visa program has become one of the only avenues for individuals from certain regions in the world to secure a green card.

To be eligible for a diversity visa an immigrant must have a high-school education (or its equivalent) or have, within the past five years, a minimum of two years working in a profession requiring at least two years of training or experience. A computer-generated random lottery drawing chooses selectees for diversity visas. The visas are distributed among six geographic regions with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the U.S. over the last five years.

People from eligible countries in different continents may register for the lottery. However, because these visas are distributed on a regional basis, the program especially benefits Africans and Eastern Europeans. According to the last Visa Bulletin in FY 2014, the majority of Diversity Visas will go to aspiring immigrants from African countries. While supporters of the Diversity Visa system underscore the system’s value as the only equal opportunity provider, opponents tend to emphasize the irrationality of a system that allocates immigrant visas randomly.

V. Other Forms of Humanitarian Relief

Temporary Protected Status (TPS) is granted to people who are in the United States but cannot return to their home country because of natural disaster, extraordinary temporary conditions, or ongoing armed conflict. TPS is granted to a country for six, 12, or 18 months and can be extended beyond that if unsafe conditions in the country persist.

Deferred Enforced Departure (DED) provides protection from deportation for individuals whose home countries are unstable, therefore making return dangerous. Unlike TPS, which is authorized by statute, DED is at the discretion of the executive branch.

Certain individuals may be allowed to enter the U.S. through parole, even though he or she may not meet the definition of a refugee and may not be eligible to immigrate through other channels. Parolees may be admitted temporarily for urgent humanitarian reasons or significant public benefit.

VI. U.S. Citizenship

In order to qualify for U.S. citizenship through naturalization, an individual must have had LPR status (a green card) for at least 5 years (or 3 years if he or she obtained the green card through a U.S.-citizen spouse or through the Violence Against Women Act, VAWA). There are other exceptions for members of the U.S. military who serve in a time of war or declared hostilities. Applicants for U.S. citizenship must be at least 18 years old, demonstrate continuous residency, demonstrate good moral character, pass English and U.S. history and civics exams, and pay an application fee, among other requirements.

Migration innovations in 2014

2014-05-23T09:50:00.000+06:00

Start the year marked a number of alarming news about significant changes that dramatically alter the steady way of foreign citizens in the Russian Federation, are tightening the rules for staying guests. These news backed wave of bans on entering Russia CIS citizens en masse without any explanation from the police. Not entirely clear is the situation with work permits and new patents for legal entities.

Editorial comment on these changes Fergana asked coordinator Law Center United Migration Service , a member of the working group of the Committee on Health of the State Duma Russian Fringe Bahtierovich Ismailov.

Term limits in Russia

Since January 1, 2014 an amendment to the Federal Law On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation and Article 5 of the Federal Law On the Legal Status of Foreign Citizens in the Russian Federation.

The second paragraph of Article 5 § 1 of the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation now reads as follows:

The period of temporary stay in the Russian Federation of a foreign citizen who has arrived to the Russian Federation in a manner not requiring a visa can not exceed ninety days in total per period of one hundred eighty days, except in cases provided for by this Federal Law, as well as in the case unless such period is extended in accordance with this Federal Law.

Federal Law "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation in terms of grounds for limiting entry into the Russian Federation is supplemented by the following paragraph:

12) a foreign citizen or stateless person during his previous stay in the Russian Federation exceeded the term of ninety days in total per period of one hundred eighty days - within three years from the date of departure from the Russian Federation.

What it entails? If before the foreigner has the right to his arrival in Russia, to be here 90 days, and after that time to leave home or take leave for the nearby border country, and the next day re-enter Russia and to continue his stay, the 2014 this will not work. Under the new provision, a foreign citizen, having left after 90 days will be able to return to Russia only after a further 90 days. In other words, within one half in Russia can be located only three months.

If a foreigner violates tenure, he faces an administrative fine to the deportation or refusal of entry to Russia while trying to enter the next time.

Legislators still provided some concessions: for example, if a foreign citizen gets to the hospital, and thus violates the terms of staying for a good reason, then the provision of appropriate certificates tenure he renewed.

Registration in the Rubber apartments

Russian lawmakers to toughen the penalties for violating the rules of registration and migration control. Since 2014 for the registration of fictitious criminalized. We are talking about registering for fake documents, as well as in the area where the person was not originally going to stay.

The penalty for such a violation will be from 100 to 500 thousand rubles. Or its size is equal to income for the period up to 3 years. In addition to fine the offending alien or the Russians may be punished with correctional labor and imprisonment for up to 3 years.

In addition, increased penalties for registration violations. For living without registration - from 2 to 3 thousand. For owners whose flats live without registering citizens - from 2.5 to 5000 rubles. Fines for organizations much more - from 250 to 750 thousand rubles. Unscrupulous officials who registered citizens in violation of the law will be punished by a fine of 25 to 50 thousand rubles.

Given that, according to some estimates, up to 90% of foreign nationals not residing at the address specified in the registration, this innovation is a very strong argument in the hands of law enforcement.

By law, the owners of the premises are required to report to the migration service that they live or those other citizens. For delay in notification of the register now provides for fines for citizens - from 2 to 3 thousand rubles for legal entities - from 4 to 7000 rubles.

Detect violations of the rules for registration and migration control instructed the Federal Migration Service and the Interior Ministry. Departments will inspect both together and independently. Become the basis for the verification of the complaint or statement of citizens. For example, if the citizens deem suspicious tenants neighboring apartment and file a complaint with the law enforcement agencies, it will be sufficient to start checking for a criminal offense. This fact significantly increases the ability of law enforcement in identifying illegal residents and citizens of the apartment owners, contributing to this.

Undesirability of stay or the ban on entry

Federal Law of August 15, 1996 N 114-FZ "On the Procedure for Exit from the Russian Federation and Entry into the Russian Federation as supplemented by the following paragraphs prohibiting foreign nationals to enter the territory of the Russian Federation:

4) foreign nationals repeatedly (two or more times) for three years brought to administrative responsibility in accordance with the legislation of the Russian Federation for administrative offense in the territory of the Russian Federation - within three years from the date of entry into force of the last decision to bring to administrative responsibility;

11) a foreign citizen or stateless person repeatedly (twice or more) for one year were brought to administrative responsibility for administrative offense related to an infringement of public order and public safety, or in violation of the stay (residence) of foreign citizens or persons without citizenship in the Russian Federation or implementation of their work in the territory of the Russian Federation - within five years from the date of entry into force of the last ruling on the administrative liability;

In the Federal Law of 25 July 2002 N 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation was introduced by the following paragraph:

"Foreign citizen or stateless person repeatedly (twice or more) for one year brought to administrative responsibility for administrative offense, infringe on public order and safety or violation of the stay (residence) of foreign citizens in the Russian Federation or the order enjoyment of work in the territory of the Russian Federation, or committed an administrative offense involving trafficking in narcotic drugs, psychotropic substances and their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, as well as their parts containing narcotic drugs or psychotropic substances or their precursors;

I would like to pay special attention to the fact that in 2014 the basis for the prohibition of foreign nationals entering the territory of the Russian Federation may be subject to an administrative offense for violation of public order or the rules of the road.

Despite the adoption of a comprehensive approach to the abovementioned legal acts, the FMS of Russia requested to submit proposals to strengthen control the entry of foreign citizens in the Russian Federation and their stay in the territory of the Russian Federation, providing for foreign nationals who have violated the terms of their stay in the territory of the Russian Federation, the establishment of a temporary ban on enter the Russian Federation for a period of three to ten years, depending on the length of their illegal stay on the territory of the Russian Federation. Deadline - June 30, 2014.

Restrictions on employment

In 2014, the Russian government has set allowable share of foreign workers employed by business entities in the retail sector and in sports.

In accordance with the innovations foreigners may be admitted to the retailing of alcoholic beverages, including beer, however, their number should not exceed 15 percent of the total workforce, whereas in 2013 the proportion of foreigners allowed in this area was 25 percent.

In retail chemist in 2014, as in this, foreigners will not be at all. Zero quota for foreigners is also provided for retail stalls and markets.

As for sports, there is regulated by the so-called "other activities" (which includes the activities of the organization and conduct of various sports activities, as well as the activities of independent athletes and athletes, referees, coaches, trainers, etc.) Max proportion of foreigners will be here, as in 2013, 25 per cent.

Patents as a work permit

Received wide publicity initiative of Russian President Vladimir Putin's administration for foreign patents necessary for employment in legal entities.

Federal Migration Service of Russia tasked until April 2, to develop legislation aimed at providing legal entities and individual entrepreneurs to attract labor rights of foreign nationals on the basis of a patent. The effect of a patent must be confined to the same region, and the region should have the authority to self-formation of patent value.

While these innovations are in the pipeline, 1.6 million foreigners will be able to get in 2014 permission to work in Russia - this is the size of the quota for their involvement.

It is worth noting that the previous few years the quota was kept at 1.7 million. At the same time in 2013 in the framework of its work permit received about 1.2 million foreigners.

TIN as a duty for all

The Federal Law of 25 July 2002 N 115-FZ On the Legal Status of Foreign Citizens in the Russian Federation Article 13, paragraph 7, supplemented as follows:

7. Subsequent to review documents for a foreign citizen or work permit patent federal executive body in charge of migration or its territorial body checks that of registration with the tax authority of the foreign citizen on the basis of the information available in the public information system of migration control.

In the absence of such information, the federal executive body in charge of migration or its territorial body not later than the day following the day the consideration of documents for registration of a foreign citizen or work permit patent sends information about the production of the foreign citizen migration registration at the place of stay the tax authority at the place of residence. Tax authority no later than the day following the date of registration of a foreign citizen, directs the federal executive authority in the field of migration or its territorial body of information about the production of a foreign citizen registered with the tax authority.

Quotas for a temporary residence permit in 2014

In 2014 Russia will receive 95 000 880 temporary residence permits for foreign citizens and stateless persons.

It should be noted almost tridtsatiprotsentnoe allocated quota reduction compared with 2013 year. This decision personally, I think it very strange because in the fight against illegal migration cost would expect from the government creating additional quotas for foreign citizens and stateless persons who have decided to reside legally on the territory of the Russian Federation by registration of all procedures. Moreover, this decision is contrary to the Government's policy to increase the quota of the foreigners work (with 1.2 million in 2013 to 1.6 million in 2014).

Naturally, in the different regions will go a different number of migrants. Quota in each subject is set, based on the migration situation in the region and its economic status. Most foreign nationals can come to the Moscow region, for her, there are seven thousand permits for temporary residence. And least of all - in the Nenets Autonomous Okrug, and the Republic of Kalmykia, these regions only 50 permits. By federal district leader in attracting foreign nationals for temporary residence will be Central Federal District - only 28 thousand 050 permits.