Jurisprudence 2024, November

Sick leave (the official name is a certificate of incapacity for work) is needed in two cases: firstly, to prove that the employee did not skip work, but was absent for valid reasons, and, secondly, for calculating and paying sick leave. Disability certificates are issued by the attending physicians of medical institutions who have a state license

After six months of work experience, your employer must provide you with paid leave. But what to do if you have already used your vacation days, and the circumstances are such that you need additional time for rest? In certain cases, you have the right to ask for leave at your own expense

Voluntary dismissal of an employee during his vacation is a common way to terminate labor obligations, regulated by the labor code. However, in order to quit while on vacation, you should be aware of several features of this procedure. How to correctly inform the employer about the dismissal The first part of Article 80 says that an employee, if he wants to quit, must notify the employer in writing or orally

Dismissal of a pregnant woman is regulated by the Labor Law of the Russian Federation. However, there are different interpretations of the norms of law by the courts, and there are several positions per one legal norm, which will be discussed in this article

An employee's vacation is the statutory days of paid rest for everyone who works under an employment contract. The Labor Code of the Russian Federation provides for cases when, instead of vacation, an employee can receive monetary compensation for unused days

Fraud detection includes actions or measures that are necessary in order to discover facts proving unseemly acts, abuse, and committing scams. Investigative actions are not involved in this process, which are aimed at clarifying the methods of theft, size and motives

In some life situations, it is impossible to avoid a collision with bailiffs. Failure to enforce the judgment leads to the confiscation of property. But this unpleasant measure can be avoided. Instructions Step 1 If it is not possible to execute the court decision in a timely manner, enforcement proceedings begin in the UFSSP

The main role as evidence in the trial can be played by the recording made on the dictaphone. Sometimes it is the only proof for a person whose rights have been violated. Such evidence is not always considered legitimate. Is the dictaphone recording evidence in legal proceedings?

To apply to the European Court, you first need to go through the entire chain of courts in Russia. Only after that you have the right to file a complaint with the European Court against the Russian state, which has not protected your rights in national courts

Regardless of the fact that directly investigates this or that case, it began, like any other, with a statement. You might think this is a fairly straightforward process. But in fact, when submitting an application, a huge number of different pitfalls await you

Termination of a legal entity is a complex and lengthy procedure regulated by Article 61 of the Civil Code of the Russian Federation. The closure of legal entities can be divided into voluntary and compulsory. Depending on this, the immediate termination procedure differs

The criminal legislation of the Russian Federation allows to declare amnesty for any articles and crimes without any restrictions. Specific criteria for declaring amnesty are determined in a special resolution of the State Duma of the Russian Federation

Criminal proceedings in the Russian Federation and in most other countries of the world are based on adversarial proceedings. An adversarial process presupposes the existence of two parties - prosecution and defense - and a court independent of them

At present, if a criminal case is terminated at the stage of investigation, it is often considered as evidence of the illegality of its initiation. As a result, at the stage of investigation, criminal cases are rarely stopped. Instructions Step 1 If a criminal case has been initiated against you on charges of committing a tax crime, then check with the tax authority the amount of tax arrears, as well as the amount of penalties and penalties for non-payment of t

Intentional infliction of harm to health is a crime, the responsibility for which depends on the severity of the consequences for the victim. Thus, the corresponding actions, as a result of which light, medium or serious harm to health were caused, are punishable

The greatest difficulty in determining the scene of the crime is the case of Internet fraud, a criminal act committed in transport at the time of movement. In such cases, the violator of the law may operate in different places. Instructions Step 1 The range of issues related to crimes is specified in the Criminal Code of the Russian Federation

Punishment is the prohibition by the criminal law of a citizen to commit acts that may be dangerous to society, as well as the prescribed penalties for committing such acts. The criminal law provisions of the Special Part of the Criminal Code of the Russian Federation describe which actions of a citizen are criminal, and which sanctions associated with punishment are applicable to him

The signature reflects the unique individuality of a person and is his business card. However, fraudsters often use forged signatures to carry out their criminal intent. But do not despair, because you can prove that the signature is fake. Moreover, imitation of someone else's signature is a criminally punishable act and can entail not only administrative but also criminal liability

The law establishes that a limited liability company and its participants have the right of priority purchase of a part of the share, if one of the participants decided to transfer it to third parties. But what if neither other participants, nor society need this share?

The main task of the investigation in any criminal process is to establish the objective truth. The means by which the true picture of what happened is restored by evidence. They are divided into direct and indirect, the latter are confirmed using circumstantial evidence

A person who does not know all the intricacies of the work of the judicial system, the provisions of the current legislation, when considering a criminal case before a magistrate or in a court of general jurisdiction, will not be able to take full advantage of all the rights that are assigned to him by law

Some enterprises are faced with the impossibility of collecting funds from the budgetary organization according to the writ of execution. Bailiffs, receiving a writ of execution, find out that funds in the accounts of a budget enterprise are extremely rare and in limited quantities, and the property is, as a rule, in economic management or operational management

After the end of the investigative measures within the framework of the opened case, the prosecutor's office draws up an indictment on it, and the case is sent for consideration to the court. However, under certain circumstances, the trial may be suspended and the case returned to the prosecutor's office

The verdict in the court session is passed by the presiding judge in the form of a document, which prescribes the procedure for examining the evidence, their sequence, the results of the interrogation of the persons participating in the case and the punishment

Any protocol is a procedural document, therefore certain requirements are imposed on it. Any branch of law provides for the need to hand over a copy of the protocol to interested parties. The duty of serving a copy is assigned to the person who drew up the protocol

The punishment for leaving the scene of an accident depends on the degree of guilt of the driver; however, if certain conditions are met, administrative liability may not arise. The number of cars on the road only increases every year

Collecting testimony from witnesses, victims or suspects is included in the standard list of investigative actions. These documents will be referred to more than once during the consideration of a criminal case, and they will be referred to when making decisions

If you are a citizen of the Russian Federation and you are suddenly no longer satisfied with your passport photo, you have several options to get a new form with a new photo: reach the age of 20 or 45, change your full name or date and place of birth, change your appearance, change your gender

When considering criminal cases, the presumption of innocence applies. The court must prove your guilt, and not you - justify yourself. It is written in civil proceedings that you yourself must defend your rights. But since all of us (fortunately) do not often find ourselves in the courtroom, a lot of questions arise, how can you justify yourself and prove your case

Proceedings in a criminal case shall be resumed in the presence of new or the emergence of newly discovered circumstances of the crime that has occurred and has as its purpose to clarify the true circumstances of the offense. Instructions Step 1 The reopening of a criminal case is an exceptional stage for a criminal proceeding

The initiation of a criminal case is carried out in the presence of one of the reasons and grounds established by law. Procedurally, the initiation of a criminal case is formalized by the issuance of a resolution by the investigator or inquiry officer

The limitation period is the period of time that is given to a citizen who believes that his rights have been violated in order to file a claim with the judiciary. This procedure is designed to improve discipline of all participants in civil litigation and motivate citizens to protect their rights and interests

There are situations when there is a signature behind the price of the question. A personal signature is a certain set of graphic symbols that identify a particular individual. And how to protect yourself from situations with documents containing an inappropriate (fake) signature?

The conceptual apparatus of modern legal science is highly developed. For the purposes of classifying offenses in civil, criminal and administrative law, whole categories of concepts with a distinct nature of acts have been introduced, which make it possible to distinguish, for example, a crime from an administrative offense

Any crime committed has its own composition. The qualification of the crime, as well as the possible punishment for the culprit, depend on its correct definition. What constitutes a crime The composition of each crime consists of an object, an objective side, a subject and a subjective side

The criminal law is retroactive if it mitigates the punishment of the offender and somehow improves his situation. The concept of "retroactive force" arises when after the commission of a crime a new law is issued, and it is more loyal to the criminal

Those documents that come from certain entities and have all the necessary details are recognized as official. At the same time, in the theory of law, there are several approaches to the definition of an official document. Determination of the signs of an official document is of great importance for the branch of criminal law, since it is in the Criminal Code of the Russian Federation that there are corpus delicti associated with this concept

No liability is currently provided for carrying edged weapons. This act as a separate corpus delicti was excluded from the Criminal Code in 2003. It should be noted that previously the illegal carrying of cold steel was punished in a criminal order, however, the corresponding norm was excluded from the Criminal Code of the Russian Federation back in 2003

Renting out an apartment must be legally correct - an agreement must be drawn up. It should clearly indicate the rental period, the amount and date of payment, all conditions and penalties in case of violation of the contract. Write the passport data of the tenants and your data

There are a number of grounds on which these procedures can be carried out for the request to change the sentence or for its annulment. If the case is sent for additional investigation to the prosecutor, to the court of first instance or to a new trial, it is necessary to indicate what violations were committed and what actions should be taken