Decision 10 tasks

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Uploaded: 08.09.2013
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(Case number 13)
Objective 1.
Decree of the President of the Supreme Soviet of the RSFSR on February 5, 1988. "On amendments and additions to the labor law" has made a significant change in the Labour Code of the Russian Federation. This decree was published by the newspaper "Izvestia" February 11 1988. The decree, inter alia, introducing a new rule that instructed the employee works in another division of the company is the movement of an employee "and not transfer" and can be carried out without his consent.
Associate Professor of the Institute Mikhalev 10 February 1998. He refused to execute the order of the rector of the Institute with a mandate to go to work for another department of the same institute in maintaining her previous earnings and topics lectured. His refusal Mikhaleva motivated by the fact that she does not like "uncreative atmosphere" at the department, where she directed the work rector. For failure to comply with this order the rector of his order on February 15, 1998 announced Mikhaleva reprimand.
It is entered Mikhaleva? Whether rights Rector? What is the effect of regulations over time? Once entered into force a decree under consideration?
Objective 2.
Determine what species include coercive measures, "legal sanctions".
1. Police imposed a fine citizen Agofonova for accommodation in St. Petersburg without registration.
2. Fire Inspectorate fined the shop superintendent Ostapenko with the wording "for violation of fire safety rules" for what he had made in the workshop room for the new year a friendly dinner by candlelight.
3. The Rector of the institution severely reprimanded the student for failing Monastyrёvoy on Saturday.
4. The Court of Arbitration ruled that the trading base not deliver, store products is obliged to compensate it for the losses and pay a penalty set by the contract.
Task 3.
By the contract corporation has committed to build a house Petrov. The contract stipulated that in case of detection of any hidden defects in a building within one year after the date of the house in operation the Company undertakes at its own expense to eliminate these deficiencies within one month. In case of delay in the performance of this duty Petrov Company pays a penalty of 0.01% of the value of residential building for each day of delay.
Four months after entering the house in operation Petrov discovered the leak in the water system, what immediately notify the Company. Since the Company more than a month not to proceed with the elimination of defects Petrov in accordance with Art. 397 of the Civil Code of the Russian Federation signed an agreement on carrying out the necessary work on the production cooperative "Perseus".
After completion of all works Petrov demanded reimbursement from the Company for payment of work performed. The Company refused to pay, citing the fact that the involvement of third parties to remedy any deficiencies found in a building contract with Petrov is not provided, and therefore Art. 397 of the Civil Code on the relationship between them does not apply.
Who is right in the dispute? What place in the system of civil law takes art. 397 of the Civil Code?
Task 4.
Between Debt and Somov signed contract of annuity, under which free Dolgov transferred under payment of rent belonging to her house soms, and the latter is obliged to pay the monthly debt to her death, rents in the amount of five times the minimum wage.
After three years as a result of a quarrel arose Somov pushed Dolgov that the fall had a brain contusion and a few days later died in hospital. Somov court verdict found guilty of careless killing debt.
Heirs of the debt demanded return of an apartment house, passed under the annuity payment. Lawyer Luba pointed out that Chapter 33 of the Civil Code enshrined rules on contract rents do not include a base to continue the rent as the death of the re

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Target 8.
Engineer Ivantsov absent from work without a valid reason for 2.5 hours, and after 5 days left for a business trip for a period of 45 days. Immediately upon arrival from a trip Ivantsov went on vacation for a period of 24 working days. November 10 Ivantsov after the holiday has come to work, and the administration has demanded an explanation from him about the lack of it at work for 2.5 hours. Do not get an explanation, the administration announced Ivantsova reprimand with deprivation of his prize for the month of November.
What are the disciplinary actions? Does the deadline employee time spent on a business trip and vacation? Justified whether the actions of the administration?
Target 9.
Inventory stock of finished products was found to be missing 50 gas stoves in the amount of 318,500 rubles., For that manager. Warehouse Galkin was transferred to a new job. Considering the order of the factory administration unreasonable, he did not come to a new place of employment, as a result of claim was dismissed. 4 Art. 33 of the Labor Code. Galkin filed a lawsuit in the District People's Court to reinstate him at work and pay during his forced absence for 5.5 months. In proceedings before the Court revealed that the conditions for the preservation of the plates was not, (they were stored on the factory site), what Galkin repeatedly notifying the chief of department, head of sales and chief accountant of the plant.
What types of limited liability of employees. What is the size of a liability assumes the administration at illegal transfers and dismissals? Which there is an order for damages in such circumstances? What decision must bear the people's court?
Target 10.
In order to obtain premium head of the planning department building trust Kiryanov in July 1998 he attributed to the volume of work performed, which resulted in illegally written off construction materials in the amount of 422.5 thousand. Rub. and won the trust employees in the amount of 101.2 thousand. rub. Spent into the Registry investigation established that the actions punishable Kiryanov, but by the time of trial was an amnesty in respect Kir'yanova criminal case was dismissed.
What is "full liability" and when is it used? What the worker carries material responsibility in the commission of his actions pursued under criminal law? Will be liable Kiryanov? If so, what?


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