Saturday, November 7, 2015

Law on refugees

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.

Thursday, November 5, 2015

Hindu Widows' Remarriage Act, 1856


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

Wednesday, December 24, 2014

Civil Code as the main source of civil law

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 There are those regulations that were taken during the Soviet era, but has not yet been updated and replaced by new ones.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.

Monday, December 22, 2014

The concept of legal liability

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.

Saturday, December 20, 2014

Types of legal liability

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.

Student and terrorism

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.

Crime of Sexual Nature

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.

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