Dismissal according to the law. Safety measures in accordance with current legislation Working in accordance with the established

More than 200 years ago it was correct to write and speak like this: according to the contract, according to order, according to the court decision... But already in the 19th century, the genitive case in such phrases was considered clerical and was used mainly in official business speech How is it correct: according to what or according to what?.

Now the genitive case is prohibited. Pretext according to used with words in the dative case: according to the letter, according to the contract, according to the opinion... This is recorded in the dictionary D.E. Rosenthal. Management in Russian Rosenthal "Management in Russian".

Moreover, the norm is also relevant for the official business style. So if you see in laws, orders or reports according to which, know: before you is a mistake.

By the way, there is another option in Rosenthal's dictionary: according to which but it is less common.

Examples of

  • “My thought, coordinated with the beats of my heart, was completely clear, and my heart beat in accordance with all the music of silence” (Mikhail Prishvin. Ginseng).
  • "After that, special commissions, according to the order, went to all the wine cellars, breaking bottles with axes or blowing up these cellars with dynamite." .
  • "The Scots fought according to ancient traditions" (Diana Gabaldon. Dragonfly in amber) .

Legal advice:

1. According to which articles of the current legislation, the Criminal Code is obliged to provide a report on the content apartment building.

1.1. Vitaly, in accordance with paragraph 11 of Art. 162 Housing Code RF managing organization(housing maintenance organization (housing department), Management Company(UK), the homeowners' association (HOA) annually, during the first quarter of the current year, presents to the owners of premises in apartment building report on the implementation of the management agreement for the previous year, unless otherwise provided by the management agreement for an apartment building.

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2. Irina Dmitrievna, here https: //www.site/power / power of attorney_for_the_of_the transaction/ You write: “20.2. According to current legislation all transactions with shares are subject to mandatory notarization, so unfortunately it will not be possible to do without a notary.
Respectfully yours, Korzun Irina Dmitrievna. "
Could you provide a link to the current legislative act?

2.1. Sergey, the notarization of transactions for the alienation of shares in the right to real estate became mandatory in 2016, when changes were made to Art. 24 of the Federal Law No. 122-FZ "On state registration rights to real estate and deals with him. " These amendments were also taken into account in Law No. 218-FZ.
* On May 1, 2019, the President of the Russian Federation signed the Federal Law “On Amendments to Certain legislative acts Russian Federation in terms of the specifics of changing the terms of the loan agreement, loan agreement, which are concluded with the borrower - natural person for purposes not related to the implementation of entrepreneurial activity, and the obligations of the borrower for which are secured by a mortgage, at the request of the borrower ", which amends Art. 42 of Federal Law 218-FZ "On State Registration of Real Estate".
Amendments have been made to the federal law No. 218-FZ "On state registration of real estate" *, which cancel the obligatory notarization certain types transactions with shares in law common property.
According to the innovation, from July 31, 2019, no notarization of transactions is required in case of alienation or mortgage by all participants in the shared ownership of their shares in one transaction. It is also not required to notarize agreements on mortgage of shares in the right of common ownership of real estate, concluded with credit institutions... Moreover, according to general rule, transactions on alienation or mortgage agreements on shares in the right of common ownership of real estate are subject to notarization.

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3. The old chairman of the SON has resigned. Refused to perform his duties until the general meeting. The new charter was not adopted. According to the current charter, in order to continue financial and economic activities, is it possible to elect the chairman of the board from among the members of the board, or appoint an acting chairman of the board, in accordance with the new legislation.

3.1. Dmitriy. If you have a provision in the current SONT charter on the election of the chairman of the board from among the board members, then do so. Elect an acting chairman with a term of office until the next general meeting of members (participants).
Best wishes, N.I. Vorobiev, Ph.D.

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4. Is the BTI obliged, according to the current legislation, to respond to a request for a photocopy of the 1994 purchase agreement for my father's apartment, if I am the only legal heir? If YES, in what time frame? Thanks.

4.1. At the request of the notary, the BTI issues information about the registration of the contract in the BTI.

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4.2. You still need to prove your right, but at this stage, no. Contact a notary to request data on the registered property for the deceased in the BTI.

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5. Do I have the right, in accordance with the current legislation and the Constitution of the Russian Federation, to record the offenses of the Ministry of Internal Affairs?

5.1. In practice, no. And theoretically it is possible. The question is complex.

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6. What conditions must be met when expelling from the university for on their own according to the current legislation?

6.1. Write a statement. Receive an academic certificate from the university on the basis of which you will have the right to reinstate in this university within 5 years from the date of expulsion. You have the right to continue your studies at another university upon presentation of your Academic Certificate.

Federal Law "On Education in the Russian Federation"

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6.2. The expulsion procedure in accordance with Article 28 of the Federal Law on Education in the Russian Federation No. 273 _FZ is established exclusively internal documents UNIVERSITY Therefore, without studying this document, you cannot say anything on what conditions the expulsion is carried out in your university.

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7. Is it possible, if there is an appropriate decision of the general meeting of members of the garage cooperative, in accordance with the current legislation, to receive payment for the consumed electricity for the period 2009 - 2018 from a member of the cooperative who refuses to pay, motivating his refusal by the expiration of the term limitation period?
I ask you to send an answer to e-mail: [email protected]

7.1. You can receive payment only by contacting the court of Art 3 of the Civil Code of the Russian Federation And in court on the basis of Art 56 of the Code of Civil Procedure of the Russian Federation, proving the fact of using electricity. three years.

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8. Criminal case within the jurisdiction of Moscow regional court, considered by this court on the merits with a conviction, which did not enter into legal force... The accused disagrees with the verdict and considers the verdict illegal. In accordance with applicable law, give advice this citizen How and in what order can a revision of the decision of this court be sought? In this situation, explain what constitutes judicial instance and link judicial system RF.

8.1. He needs to write appeal on the verdict and submit with the court that passed this verdict, he also has his own lawyer, let him decide with him.

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9. According to the current legislation of the Russian Federation, can a doctor work for 2 positions (main with internal part-time) in one medical institution in different medical specialties? Thanks.

9.1. According to the Labor Code, an employee cannot hold 2 full positions, but if he occupies 1 position in one position, then formally the 2 rate is limited to 0.9.
The main thing is that the qualifications are appropriate. (for example, a cardiologist combines the rate of a dentist)

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10. Rostelecom charges me a penalty for late payment, arguing that the payment deadline is specified in the payment notification. However, in the contract for the provision of services this period is not, and this, according to the current legislation, is essential condition... Is it lawful to issue a penalty in this case. Thanks!

10.1. In accordance with Art. 314 of the Civil Code of the Russian Federation in cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, as well as in cases where the deadline for the fulfillment of the obligation is determined by the moment of demand, the obligation must be performed within seven days from the date of presentation by the creditor requirements for its execution, if the obligation to perform at another time is not provided for by law, otherwise legal acts, the terms of the obligation or does not follow from the customs or the essence of the obligation. If the creditor fails to submit reasonable time requirements for the performance of such an obligation, the debtor has the right to demand from the obligee to accept performance, unless otherwise provided by law, other legal acts, the terms of the obligation, or is not clear from the customs or the essence of the obligation.

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11. As you all know perfectly well, according to the legislation of the Russian Federation, it is possible to write out a non-owner of a home from a living space only by his personal consent (application), or through a court. So, the question is: is it possible to demand from the registered person such a statement (consent) in advance, as a kind of guarantor in case of misunderstanding, so that later you do not have to act through the courts?

11.1. No, what you want is not provided for by law, well, I wrote and did not fulfill it, so what?

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11.2. Only when registering at the place of stay for a certain period, the citizen will be removed from the registration register at the end of the period of this registration.
When registering at the place of residence, your fantasies will not be fulfilled. If he writes such a statement / commitment, then if he himself does not withdraw from the registration office at the place of residence, then he will still have to go to court.
And the concept of "registration" has not existed for more than 20 years.

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12. According to the current legislation, pre-trip medical examinations are carried out, quote: before the start of the work shift, flight. How long (maximum) time is required for a driver to be inspected? Can he pass it, for example, 6 hours before leaving the line? The question was formed due to the considerable distance medical worker from the location of the driver and vehicle.

12.1. The condition on the time between the passage of the medical examination and the departure of the driver for the flight, instructions for pre-trip medical examinations regulations not regulated.

However, given the purpose of the medical examination, it should be carried out immediately before leaving the line and in the presence of an issued waybill.

6 hours is too long a period, during which the driver's condition can change significantly, therefore such a period is unacceptable.

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13. According to the charter of our HOA chairman The board is elected for a term of up to two years, but actually worked for more than this term. In this regard, questions. Does this mean that all his activities after last day two-year term is illegitimate? And do the members of our HOA have the right, according to the current legislation, to re-elect this particular person for the next term? Or is it now possible only after 2 years?

13.1. Good afternoon, Alla! By virtue of the current legislation of the Russian Federation, if the chairman is included in the Unified State Register of Legal Entities, then his actions cannot be considered illegitimate! You just need to hold an extraordinary meeting and re-elect it!

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Consultation on your question

calls from landlines and mobiles are free throughout Russia

14. How to choose the right chairman of the MK council?
By the decision of the general meeting of all homeowners through absentee voting? Or is it possible by electing the chairman of the board by the members of the MK board? How to do it correctly according to the current legislation?

14.1. In accordance with part 6 of article 161-1 of the RF LC "From among the members of the council of an apartment building on general meeting of the owners of premises in an apartment building, the chairman of the council of an apartment building is elected. "
The general meeting can be held through an in-person, in-person and in-person-correspondence meeting (Article 44-1 of the RF LC).

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15. My date of birth is 08.08.1986, I received my passport at the age of 14. on page 19 of the passport, information about previously issued passports is marked 02.02.2000, according to the law I could not get a passport at the age of 13, this is most likely a passport slip. Tell me, do they change the mark about previously issued in which there was a typo in the current passport, and where can I do it?

15.1. Contact the department of the UVM of the Ministry of Internal Affairs (formerly the FMS), which issued you the last passport. In theory, if an error is found in the passport, you need to reissue it. Moreover, if you noticed an error when issuing, then the replacement would be done free of charge. And now you have to pay the state fee for issuing a passport. But first, you should specify how critical it is and how much it is possible (whether it is necessary) to be corrected at all. This case is not specifically mentioned in the Regulations.

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16. If a pensioner works, then according to the current legislation, he does not receive the compensation that non-working pensioners receive. We heard that soon pensioners will receive an additional payment (on average, 1000 rubles / month, more precisely, I cannot give a link to the law, because I didn’t hear it myself). The question is: will working pensioners receive this supplement?

16.1. What You Heard Concerns Future Promotion Law retirement age... We are talking about the indexation of pensions for non-working pensioners. For those who work, nothing changes and the indexation of these pensions will probably never happen. Moreover, the bill contains a proposal to deprive the pensions of working pensioners altogether.

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17. I am a pensioner registered in an apartment alone, do I have to pay a cap tax? repair. According to the current legislation, I read that there is no need to pay, please clarify. Thank you, Alexander Mikh. 66 years old. "Based on the materials of the legal social network www.site ©"

17.1. Benefits for paying overhaul to pensioners after 70 years can be provided if they: - do not work;
- lonely pensioners;
- live in a family that includes only non-working pensioners;
- own housing on the basis of ownership.
Compensation is 50% of the amount of contributions. Upon reaching the age of 80, the amount of compensation will already be 100%.

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18. The situation is as follows private house for two owners on land for individual housing construction, a neighbor built a major garage at a distance of 50 cm from his half, the house is wooden. At what distance from a residential building, according to current legislation, is it allowed to build a garage?

18.1. According to the current legislation (SNiP), the indent from your fence when building a garage must be at least 1 meter. Moreover, this meter is considered as follows: if the cornice hangs more than 50 cm, then an indent of 1 meter must be counted from it; if the cornice hangs less than 50 cm, then count 1 meter from the base. And for familiarization, you can read the following rules and regulations:
General provisions on the organization of development - SNiP 12-01-2004.

Building rules summer cottages and garden partnerships- SNiP 30-02-97.

The rules and norms for low-rise construction are SP 30-102-99.

Wells: sanitary standards- SanPiN 2.1.4.027.

I would be glad to hear from you! Good luck!

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19. I rent an apartment under a lease agreement. The neighbors flooded the apartment upstairs, but the tenants did not draw up an act. Are the tenants in this case material responsibility for the damage caused? The lease agreement does not stipulate a similar situation, but there is a clause according to which all situations not specified in the agreement? Regulated by applicable law. Thanks!

19.1. Compose the act yourself. Call technicians, UK, and neighbors. But it was not your tenants who flooded the apartment. Surely the flood is not their fault. So from the point of view of the legislator - hardly.

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20. How obligatory is the stamp on the certificate of completion (LLC), according to the current legislation?

20.1. 1. In cases where the relations provided for in paragraphs 1 and 2 of Article 2 of this Code are not directly regulated by legislation or by agreement of the parties and there is no custom applicable to them, civil legislation governing similar relations is applied to such relations, if this does not contradict their essence (analogy law).

2. If it is impossible to use the analogy of the law, the rights and obligations of the parties are determined on the basis of general principles and meaning civil law(analogy of law) and the requirements of good faith, rationality and justice.

The act is drawn up at the request of the law.

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21. If I came to visit relatives for a week by car. Sign 3.2 is installed at the entrance to the courtyard of their house. Traffic is prohibited. This sign prohibits movement Vehicle, except for vehicles of citizens living in the area of ​​the sign. While visiting, I live in a house on the territory of which a sign is installed. According to the current legislation, I am not obliged to register at the place of temporary residence. Can I enter the yard without breaking traffic rules?

21.1. Conclude a short-term lease agreement with a relative for a period that does not require registration. Again, you can include a relative in the CMTPL policy and write a power of attorney to drive a car.

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22. Please tell me if in 2011 the sanctions of Article 134, Part 3 of the Criminal Code of the Russian Federation, the term of punishment was from 7 to 15 years, according to Federal Law 377 of 2009, now this category of crime is from 3 to 10 years in prison, according to the current code in as amended on 1.3.2012 FZ 18.
Does the court have the right to refuse to bring the verdict in accordance with the current legislation according to the rules of paragraph 13 of Article 397 of the Criminal Procedure Code of the Russian Federation, while referring to Federal Law 14 of 2012, as well as Federal Law 377 of 2009

22.1. The court must bring the verdict in accordance with Art. 10 of the Criminal Code of the Russian Federation.

Article 10. Retroactive effect of criminal law

1. A criminal law that eliminates the criminality of an act, mitigates punishment or otherwise improves the position of a person who has committed a crime shall have retroactive effect, that is, it applies to persons who committed the relevant acts before the entry into force of such a law, including persons serving a sentence or who have served their sentence, but have a criminal record. A criminal law that establishes the criminality of an act, increases the punishment or otherwise worsens the position of a person, has no retroactive effect.
ConsultantPlus: note.
On the identification of the constitutional and legal meaning of the second part of Article 10 see. Resolution The Constitutional Court RF dated 20.04.2006 N 4-P.
2. If the new criminal law mitigates the punishment for an act that is being served by a person, then this punishment shall be reduced within the limits provided for by the new criminal law.

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23. Do I have to pay the minimum wage if employment contract written. Piecework wages, according to the work performed and piece rates. And in the same agreement it is written: the employee's wages are indexed in accordance with the current legislation. All hours worked.

23.1. For a fully worked month, the salary must be at least the minimum wage (in RKS and MRKS at least the minimum wage + district coefficient+ northern allowance).
The monthly salary of an employee working in the territory of the corresponding constituent entity of the Russian Federation and consisting of labor relations with an employer in respect of whom a regional agreement on the minimum wage is valid in accordance with parts three and four of Article 48 of this Code or for whom said agreement distributed in the manner prescribed by parts six through eighth of this article, cannot be lower than the minimum wages in this constituent entity of the Russian Federation, provided that the specified employee has fully worked out the working time during this period and fulfilled the labor standards (labor duties).
Article 133 of the Labor Code of the Russian Federation.

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24. Interested in the question-whether all contracts for the sale of real estate with the participation of minor owners must be carried out through a notary? There will be a sale of an apartment, a purchase of a new one, and after a while a redemption of a share from a new apartment! Do all these transactions need to be paid in accordance with the current legislation? (permission of guardianship authorities on arms)

26.1. Ksenia, an appeal to the department and an oral request, after which the employees draw up a certificate. In most cases, a written request is required with the requirement to issue a document.

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27. The question for a competent lawyer is the simplest, namely the order of points according to latest changes to the current laws and regulations 1034 and others. drawing up an act of operability of the general house heating unit that was the last heating season in operation for this year of the heating season, starting from the procedure for calling the heating network inspector and the deadline for issuing the document in accordance with the current legislation and whether the annual registration of this document is required.

For more detailed legal aid You can contact any lawyer in private messages.

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29. I am a foreign citizen residing in the territory of the Russian Federation. I have a RVP. Accordingly, I am obliged to submit an annual notice of residence ... It so happened that I work unofficially. Tell me, according to current legislation, I have every right to file 3-NDFL. Tell me, can I do it as a self-employed citizen, especially since I paid taxes. What is true, according to tax legislation - for the previous year? :)

29.1. Notice of income, not residence. Self-employed in the Russian Federation is individual entrepreneur... Instead of a certificate of income 2-NDFL tax return can submit foreign citizen registered as an individual entrepreneur, the rest, instead of 2-NDFL, can provide an extract from the bank on the availability of funds in the account in the amount of 12 times the subsistence level established in the region of residence.
The 3-NDFL declaration will not be accepted as proof of income.

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29.2. Sergey! Are you registered with the tax office as a self-employed person? Have you filed your income tax return? Contact the migration service with the declaration that you submitted to the tax office (with a mark of acceptance). Now the latest trends are such that Migration Service accepts documents confirming income if the amount of interest on deposits corresponds to the level of the living wage. Any problem has a solution, the main thing is to be able to find it. Thank you for using the site's services!

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30. In 2003, when Ukraine was in Crimea, I, as an active soldier, received service housing. In 2006 he retired to the reserve. The apartment has not been privatized, as it is still a service apartment. The issue of housing maintenance is still being resolved. Everything utilities I pay. According to Russian legislation I receive invoices to pay contributions for overhaul... Questions: 1. How to provide housing services. 2. Is it the right to pay for the overhaul of housing.

30.1. The issues of revoking the status of service housing are decided by its owner. Contributions for major repairs of housing must also be paid by its owner.

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30.2. 1. It is necessary to contact the owner of the home with an application for the removal of her official status.
2. WHILE the apartment is not yours - YOU are not obliged to pay for capital repairs

Good luck to you! Always happy to help

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The Code of Criminal Procedure of the Russian Federation contains a number of provisions providing for the protection of victims and other participants in the process. So, in part 3 of Art. 11 provides for the possibility of applying security measures against participants in criminal proceedings if there is sufficient evidence that they are threatened with murder, violence, destruction or damage to property, or other unlawful acts. In the course of criminal proceedings, such security measures can be applied as keeping personal data secret, monitoring and recording telephone and other conversations, conducting identification in conditions precluding visual observation of the identifiable identifier, conducting a closed judicial trial, as well as interrogation of a witness (victim) in court session without disclosing information about his personality and in conditions that exclude visual observation by other participants in the process.

Security measures: participation of the victim in the trial under a pseudonym, identification under conditions that exclude the observation of the identifier by the identifiable. In practice, for example, identification through a narrow opening in a screen made of dense opaque material (stretched curtains, bedspreads) or other available methods of ensuring the anonymity of an identifying person is used.

According to the requirements of the law, identification by photograph is allowed only if it is impossible to present a person (part 5 of article 193 of the Code of Criminal Procedure of the Russian Federation).

In the Federal Law of August 20, 2004 "On state protection victims, witnesses and other participants in criminal proceedings ”, the possibility of applying security measures that are not related to criminal procedure is enshrined. According to Art. 6 of the Law in relation to the protected person, such security measures as personal protection, protection of home and property can be applied; issue special means individual protection, communication and warning of danger; ensuring the confidentiality of information about the protected person; relocation to another place of residence; replacement of documents; change in appearance; change of place of work (service) or study; temporary placement in a safe place and other security measures, provided by law Russian Federation.

The next security measure is the separation of the criminal case into separate production to complete preliminary investigation in order to isolate the convicted person and thereby prevent him from influencing the victims and witnesses of other episodes of criminal activity.

When familiarizing the accused and the defense attorney at the end of the preliminary investigation with the materials of the criminal case, the security measure is that, in accordance with Part 1 of Art. 217 of the Code of Criminal Procedure of the Russian Federation, the accused and the defender are presented with the materials of the criminal case, with the exception of cases provided for in Part 9 of Art. 166 of the Criminal Procedure Code of the Russian Federation

Failure to provide the accused with an appendix to the indictment - a list of persons to be summoned to court. This measure was not provided for in the Code of Criminal Procedure of the RSFSR, and it is not indicated in the present the current law, but back in 1996 the Presidium The Supreme Court The Russian Federation recognized its application as legitimate (as consistent with international legal and Russian constitutional norms), indicated, in particular, that its application, along with the removal of the defendant from the courtroom during the interrogation of victims and witnesses, facilitated their truthful testimony. Accordingly, at the end of the investigation in the form of an inquiry, there may be restrictions on the acquaintance of the accused and the defense attorney with the indictment in the part containing information about the place of residence of those summoned to the court.

In the course of the trial, the following measures of protection of its participants are possible. Prohibition of photographing, video recording and filming of the court session by the presiding judge - in order to limit the circle of citizens to whom the protected person becomes visually known.

Restricting the availability of information about the victim and witness by the surname, name and patronymic in accordance with Part 2 of Art. 278 of the Code of Criminal Procedure of the Russian Federation, which obliges the presiding judge before the interrogation to establish the identity of the witness, the victim and the attitude of the witness to the defendant and the victim, but not the place of residence of the interrogated and other information about him. Naturally, this is not applicable if, for example, an eyewitness to a crime observed it being committed from the window of an apartment, but its remoteness from the scene of the incident makes it necessary to experimentally determine whether the witness had the opportunity to correctly perceive the circumstances of the committed act.

Removing violators from the courtroom on the basis of parts 1 and 3 of Art. 258 of the Criminal Procedure Code of the Russian Federation. However, it should be borne in mind that such removal is a sanction, i.e. a reaction to an already expressed threat and other forms of post-criminal influence, and not a measure of its prevention.

Interrogation in the absence of the public individuals at an open court session as a whole - in accordance with Part 3 of Art. 241 of the Code of Criminal Procedure of the Russian Federation, where it is established that a court ruling on the consideration of a case in a closed court session can be made “in relation to the entire trial or its corresponding part” (under “ relevant part»Court proceedings should be understood not only, for example, the judicial investigation as a whole, but also the interrogation of an individual participant in the process).

The announcement of only the introductory and operative parts of the verdict - in accordance with Part 7 of Art. 241 of the Code of Criminal Procedure of the Russian Federation, if the criminal case was considered in a closed court session. In this case, the testimony of the prosecution witnesses contained in the reasoning part of the verdict is not read out, i.e. information about the latter is not disclosed either.

security measures are spelled out in the Law, according to which several or one of the following security measures can be applied simultaneously to the protected person:

  • 1) personal protection, protection of home and property;
  • 2) issuance of special personal protective equipment, communication and hazard warning;
  • 3) ensuring the confidentiality of information about the protected person;
  • 4) relocation to another place of residence;
  • 5) replacement of documents;
  • 6) change in appearance;
  • 7) change of place of work (service) or study;
  • 8) temporary placement in a safe place;
  • 9) the application of additional security measures in relation to the protected person held in custody or in the place of serving a sentence, including transfer from one place of detention or serving a sentence to another.

If there are grounds specified in Article 16 of the Federal Law, other security measures provided for by the legislation of the Russian Federation may also be applied to the protected person.

Judge and prosecutor - Good friends, spend free time, go to visit each other. Knowing that the prosecutor has a sick wife, he is upset and did not have time to prepare well for the trial, the judge actively asks the defendant and the witnesses from the position of the prosecution during the trial.

  • 1. Can a prosecutor and a judge participate in the same trial if they are friends?
  • 2. Did the judge behave correctly during the trial?

Answer # 1:

Judge -- executive who is a member of the court and administers justice; v modern theory separation of powers - a person endowed the judiciary... According to the commentary to paragraph 5 of Part 1 of Art. 21 of the Arbitration Procedure Code of the Russian Federation, participation as one of the parties in the case of a relative or an acquaintance of a judge means the presence of an indirect interest of the judge: making a decision may benefit his relative or acquaintance. The law also speaks of other circumstances that may raise doubts about the impartiality of a judge. These often include friendly or hostile relations between the judge and one of the persons participating in the case. The judge is subject to challenge.

Each participant trial have their own rights and responsibilities. The duties of the judge and the prosecutor are different. The judge is obliged to administer justice, and the prosecutor is obliged to support the charge against the defendant.

Zagodsky district court Saratov Lushnikov was convicted under Part 1 of Art. 228 of the Criminal Code of the Russian Federation to imprisonment for a period of 2 years.

He was found guilty of illegally acquiring and storing the drug without the purpose of selling it: on February 26, 2003, during a search at Lushnikov's apartment, 2 g. 50 mg were seized from the pocket of his sheepskin coat. A substance that, according to the conclusion of a chemical examination, contains narcotic substance- hashish.

During the preliminary investigation in court, Lushnikov pleaded not guilty, claiming that the police officers carried out the search without the authorization of the prosecutor and without initiating a criminal case. The remains of spilled tobacco and various garbage were removed from the pocket of his sheepskin coat. The confiscated items were not weighed or sealed. The police officers sent another substance for examination, he could not have hashish.

The materials of the investigation have not refuted the arguments of the convicted person.

  • 1. What properties do proofs have?
  • 2. Can the data obtained as a result of a search and examination be considered evidence?

Answer # 1:

According to Chapter 11, Article 88 of the Criminal Procedure Code of the Russian Federation, evidence has the following properties:

  • 1. Reliability - the connection of the information received with the subject of proof.
  • 2. Admissibility - compliance of the information received with the requirements of the procedural law.
  • 3. Reliability - the quality of evidence characterizing the accuracy, correctness of reflection of the circumstances included in the subject of evidence.

Answer # 2:

Forensic examination is one of the institutions of evidence law and is of great importance in the consideration of civil cases. Procedural Code considers the expert's opinion as one of the means of evidence.

The expert opinion is the source of evidence. Expert opinion - submission to writing the content of the study and conclusions on the issues put before the expert by the person conducting the criminal proceedings or by the parties. (Chapter 10, Article 80 of the Code of Criminal Procedure of the Russian Federation). Expertise is the implementation in the form of research established by law physical evidence and other materials and objects revealed during the investigation of a criminal case, which is carried out on behalf of the court (investigator) by persons knowledgeable in science, technology or other special fields of knowledge, and drawing up a well-founded opinion on special issues arising during the investigation or judicial review criminal case. A home search is carried out on the basis of judgment, applied in the manner prescribed by Article 165 of the Code of Criminal Procedure of the Russian Federation. Search - in criminal proceedings investigative action, consisting in the examination of premises or persons (personal search) in order to discover objects (documents) that have any significance for a criminal case. Home searches and personal searches should only be carried out with the permission of the court. In exceptional cases that do not tolerate delay, a home search may be carried out without the permission of the court. In this case, within 24 hours from the start of the search, the investigator is obliged to notify the prosecutor and the court at the place of the search or at the place of production. preliminary investigation and submit a copy of the order to conduct a search without court permission and the search protocol. Personal search can be carried out without the permission of the court in the following cases: when a person is detained as a suspect (accused) of a crime and when the searched person is in the premises where the search is being carried out.

Article 99. Overtime work
(as amended by Federal Law of 30.06.2006 N 90-FZ)
Overtime work is work performed by an employee on the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.
Engaging an employee to work overtime by the employer is allowed with his written consent in the following cases:
1) if necessary, perform (finish) the work begun, which due to an unforeseen delay in technical specifications production could not be performed (completed) during the working hours established for the employee, if the failure to perform (non-completion) of this work may result in damage or loss of the employer's property (including the property of third parties held by the employer, if the employer is responsible for the safety of this property), state or municipal property or create a threat to the life and health of people;
2) during the performance of temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the termination of work for a significant number of employees;
3) to continue work in the absence of a shift worker, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift with another employee.
Engaging an employee to work overtime by an employer without his consent is allowed in the following cases:
1) during the performance of work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;
2) in the production of publicly necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewage, transport, communication systems;
3) in the performance of work, the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency conditions, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, endangering the life or normal living conditions of the entire population or part of it.
In other cases, overtime work is allowed with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.
It is not allowed to involve pregnant women, employees under the age of eighteen years, other categories of employees in overtime work in accordance with this Code and other federal laws... Involvement in overtime work of disabled persons, women with children under the age of three years, is allowed only with their written consent and provided that it is not prohibited for them for health reasons in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation. At the same time, disabled people, women with children under the age of three years, must be informed against signature of their right to refuse overtime work.
Overtime work must not exceed 4 hours for each employee on two consecutive days and 120 hours per year.
It is the employer's responsibility to ensure that each employee's overtime is accurately recorded.
Best regards, S. Shevchenko. Good luck and prosperity. Acknowledgments and honoraria are welcome - they significantly stimulate activity and not only

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