Key Benefits:
Notification of error in legislation
Act No. 7 of 1990
Date-birth: 1990-02-25 History-Hjri:
Published as: 1990-02-25
Section: A law.
Window.
President
Based on the Constitution
As approved by the People's Assembly,
The following are issued:
Chapter I
In Damascus, Aleppo, Ladhiqiyah and Dayr al-Zawr, there are slaughterhouses that are attached to the State Council. Mesquic courts may be established in other centres or increase their number in the same place or eliminate some of them and transfer their competences to another court by decision of the Premier, upon the proposal of the Premier.
a. The Court is composed of:
• Adviser to the Council of State President
• Assistant to the Assistant State Council Member
• A State worker representing a member
b. The President and the members of the Tribunal shall have a member, Lieutenant.
c. The President of the Court and its first member (principal and lieutenant) are called upon by the President of the Council of Ministers upon the proposal of the President of the Council of Ministers, as called the second member (genuine and lieutenant) by the decision of the Prime Minister, upon the nomination of the executive office of the General Union of Trade Unions.
d. A member of the Council of State at the rank of deputy is designated by the President of the State Council by a decision of the President of the State Council.
The spatial jurisdiction of the courts that are updated under article 1 of this Law shall include:
Damascus Court The governorates of Damascus, Rif Dimashq, Quneitra, Daraa and Sweida
Court. Aleppo Aleppo and Idlib governorates:
Court. Homs Governor of Homs and Hama:
Court. Latakia governorates of Latakia and Tartus:
Court. A monastery. Zawr governorates of Deir ez-Zor, Ar Raqqah and Al-Hasakeh
Taking into account the provisions of article 73, paragraph (b), of the Basic Law of Workers of the State, No. 1 of 1985, the Court shall be competent to prosecute those who are subject to the provisions of the Basic Law in question in question.
a. The hand of hand is the temporary suspension of the worker.
b. The hand shall cease at the request of the authority exercising the right of appointment, and those appointed by decree shall be in the hands of a decision issued by the Prime Minister.
c. The provisions of article 47/of the Central Auditing and Inspection Authority Act of 8-87-1981 shall be taken into account in the palm of the hand, and the provisions of article 23 of the Central Agency for Financial Control, promulgated in Decree No. /2571/1968, and its amendments shall be taken into account.
A blind worker is considered to be a judge during his arrest, and his hand is removed from a sentence when he is released unless the authority exercising the right of appointment decides to continue the hand of the hand if the arrest is caused by a criminal offence committed during or because of the performance of the work.
a. Taking into account the provisions of article 90, paragraph (b), of Act No. 1 of 1985, the Court may decide to award a blind worker to his or her predecessor's remuneration of 80 % of his/her monthly salary with other benefits in his insurance reference, and if the outcome of the trial does not appear The employee's benefit for the period from which the predecessor was sued reimbursed the public for the benefit of the employee's benefit from the employee's insurance and other funds in accordance with the provisions of the Public Funds levy law.
b. The appeal against the decision to grant the advance does not stop its implementation.
a. Referral shall be made to the Court of Misilic:
1. From the Authority exercising the right of appointment, and by decision of the Prime Minister, to those appointed by decree.
2. From the head of the Central Authority for Oversight and Inspection on the basis of the investigation conducted by the Authority in accordance with its law.
3. From the Public Prosecutor's Office in accordance with Article 6 of this Law.
b. The referral to the Court shall not accept any method of appeal and shall cease the validity of the statute of limitations from the date of their issuance in accordance with the assets set out in articles /437/until 443/of the Code of Criminal Procedure.
a. The President of the Tribunal shall transmit the instrument of reference with the investigation and report to the Rapporteur for the investigation of the subject matter.
b. The instrument of reference shall be communicated to the operator and to the administration of the issues of the State and to the central oversight and inspection body if it is not issued.
The rapporteur checks the investigation of the investigation and requests the owner who works with the shops to make a statement about his position and the notes of his superiors. This statement is to be submitted within five days, and he has to ask for written explanations from the shops, to question the witnesses, and to resort to technical expertise when necessary and to do so. To the necessary notifications of administrative methods and to determine the wait for the submission of defences and documents and to make any investigation it deems necessary for the clarification of the truth.
a. If the rapporteur shows that the action attributed to the shops constitutes a felony or a misdemeanor against the duties of work or public trust committed during the performance of the work or because of him or because of him, to ask the court for a reasoned report to arrest the assignee and to ask for the hand of the competent reference, the court will decide on a request. Arrest by a decision issued in the study room within five days of the arrival of the request and shall be informed of the management of the worker to be arrested and to the competent authorities for execution.
b. The suspended shall be referred to the competent public prosecutor's office within five days of the court's decision of arrest, and the arrest will continue to be in effect unless the competent penal reference decides otherwise.
c. The proceedings of the proceedings are interrupted until a criminal judgement is taken.
The assets contained in the Law on Pines and the Assets of Criminal Trials are applied with regard to the procedures of expertise, the invitation and the bringing of witnesses.
After the investigation is completed, the rapporteur shall establish a report, including facts, evidence and legal adaptation, to be deposited with the file to the court, as well as a photograph of him to the author of the department, the administration of the cases of the State and the central authority for supervision and inspection.
The person or his agent has access to the investigation file after his arrival at the court in the presence of the President of the Court or his or her scarring.
a. The hearings shall be held in the presence of the Rapporteur and one of the assistants shall be in writing
b. The President shall set the date of the meeting and invite the assignee to question him and submit his arguments and documents in a single payment.
c. Due process in front of the Court at least three days and, if necessary, the President of the Court may decrease this appointment to 24 hours.
d. The Rapporteur shall decide orally and in writing and shall not participate in the meetings of the study or the judgement.
e. Non-blind shops shall receive the legally scheduled relocation allowance if the status of the Tribunal is outside of its duty station and its absence to attend the trial is justified.
a. The Court shall hold its meetings confidentiin in the presence of a representative of the public and the presence of the assignee or the agent of each or both of them, or in the absence of them, if they fail to attend.
b. The general operator of the shops and those represented by the law shall be informed of the date of the trial.
c. The President or the members of the court shall read the papers and documents of the proceedings, question the assignee of the acts attributed to him and hear the statements of the other parties.
(d) The court hears witness statements directly or on an acting basis, and may assign one or more of its bodies to complete the investigation locally if it deems it necessary, as well as to bring the witness and to be fined or exempted from the fine in accordance with the provisions of the Code of Criminal Procedure.
a. The Court decides to refer the worker to the court if the act attributed to it is required and the criminal description of the act and the legal text applicable to it shall be established, and in this case, the employee is placed in custody with the case file to the prosecution for legal action.
b. The Tribunal shall send an image of the decision to refer to the department acting with the assignee and to the Central Authority for Oversight and Inspection.
The Court has to decide in all trial roles to annul the palm decision.
The court imposes one of the severe penalties contained in the Basic Law for Workers of the State if the assignee is sentenced to a felony or misdemeanor offence against public trust or duties.
The Tribunal shall inform the summary of the judgement delivered by the Tribunal to the operator and to the central oversight and inspection body.
a. The Court shall make its final decision after the closing of the debate and the closing of the trial.
b. The resolution shall be issued unanimously or by the majority, and shall include a summary of the facts, defences, evidence and legal materials on which it is based.
c. The President of the Tribunal shall read the judgement in a public hearing.
The judgments of the Court accept the appeal to the Supreme Administrative Court within thirty days of the reporting date.
a. A staff member shall not be prosecuted for the elimination of an offence arising from employment before being referred to the Mesic Court in accordance with the provisions of this Act.
b Excludes from the provisions of paragraph (a/ex) the case of the offence of defamation, the case of personal prosecution and the cases to which the provisions of article 37/of the Economic Penal Code apply.
a. The court may arrest a worker for a maximum of ten days, renewable and ten more days at the request of the investigator of the Central Inspection and Inspection Authority if the employee's action is found to constitute a felony or misdemeanor committed in the course of or due to the performance of the work.
b. The investigator shall file the preliminary investigation file with the motion for arrest and the court shall issue in the room of study its decision to arrest or not, within five days of the arrival of the file, to its office.
c. The suspended shall be referred to the competent public prosecution after the investigation is completed.
d. The Court shall inform the decision of arrest to the person who works for it and to the competent authorities for its execution.
e. The file of the case shall be referred after a criminal decision to the competent competent court.
The Public Prosecution Service shall inform the employer of the worker within twenty-four hours of being pursued with an offence not arising from the work.
a. The Public Prosecutor's Office refers the case file to the Court of Misdemeanour for the trial of a worker if he is sentenced to criminal or misdemeanour charges of public trust or arising out of work.
b.
1. If the judiciary issued a decision of acquittal, no liability, no trial or sentence for one of the offences, the decision to hand down the hand is heard and the court sends the case file to the administration working for the worker through the prosecution service.
2. With the exception of the case of acquittal, the Administration may impose one of the light penalties or refer the worker to the Court if it considers that a severe penalty must be imposed and the act committed is the result of the act.
c. A single act is pursued only once before the Court.
The Court provides for one of the penalties laid down in the Basic Law for Workers of the State.
The lawsuit drops three years after the act, which requires the pursuit of a petition.
a. The rehabilitation of irregularities associated with penalty provisions shall be subject to the general rules provided for in the applicable laws.
b. In the Misilic Offences that have not been accompanied by a penal provision in respect of the dissolution of two years for the execution of the light penalty if it does not impose a further sentence on the penalty during this period.
Taking into account the provision of article 6/precedent, after leaving employment, the worker shall remain subject to the traceable tractions until three years have elapsed since the work has occurred, in which case the penalty may be imposed for deprivation of employment with public authorities for a period not exceeding three years.
The original members of the Court and the lieutenants are subject to the inspection provisions applicable to the judges of the State Council.
In order to form administrative courts and administrative courts in the governorates, the President of the Council of Ministers may nominate the President of the Court of the High Court and the judges of the ordinary judiciary, as proposed by the High Judicial Council.
The basis for granting compensation to the members of the Court and the book of seizure by the President of the Council of Ministers on the proposal of the President of the Council of State shall be determined from the budget of the State Council.
The provisions necessary to implement the provisions of this law during the current fiscal year are set out in a decision issued by the Minister of Finance in agreement with the Premier, and the credits are considered to be added to the budget of the State Council. The appropriations shall be regarded as added to the budget of the State Council and made from savings. All other sections and branches of the state budget for the financial year.
All fees, insurance and judicial guarantees at all stages of litigation are exempt from cases brought by workers of the State and their beneficiaries, trade unions and disputes arising from the application of the provisions of Act No. 1/1985 and other legislation and labour regulations, There are financial differences resulting from wages, pensions, compensation and other disputes that arise between them and any public, and such proceedings are dealt with as a matter of urgency before the courts.
An exception to the texts that decide that cases and appeals must be submitted by an acceptable lawyer. Workers in the State and their competent unions may submit the cases provided for in the preceding article, appeal their rulings and come before the courts of various degrees without committing to the use of the law. A lawyer. All such cases are also exempted from any prior administrative complaint.
The Legislative Decree No. 90 of 23.8-1962 and all provisions in contravention of this Act shall be repealed wherever they are received. The provisions of the laws of the State Council and the assets of penal and inter-judicial proceedings shall be applied in all those that have not been provided for in this Law.
This Act shall be published and shall be considered effective from its date of promulgation.
Damascus, 25-2-1990.
President
Hafez al-Assad
Rate by Legislative Decree No. 19 of 2010
mz. m
| Number of views: 760 |
 |
|
| Press reports |
|
|
| A cartoon. |
|
|
| The activities of the Council |
| var dA = new Array (); var x = 0; // first 8 characters in ccyyyy format for single date events // first 8 characters in 0000mmdd format for event year events [x + +] = " 20160417 Statement of the People's Assembly on the seventieth anniversary of independence "; |
       
|
