Al-Watani will discuss 3 laws and a general topic in its session tomorrow
A draft law punishes the occupational and moral exploiters of "fake diplomas" with fine and imprisonment
Al-Watani holds its seventh session tomorrow of the second session of the 17th legislative term.
From the source
Shatha Al-Naqbi: "Fake certificates have spread recently, especially in the semi-governmental and private sectors."
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Shatha Saeed Al-Naqbi, a member of the Committee for Education, Culture, Youth, Sports and Media Affairs in the Federal National Council confirmed that the draft federal law regarding the exploitation of fictitious scientific certificates, which the council is discussing during its seventh session, tomorrow, will address the phenomenon of fake diplomas that have increased and spread recently. Especially in the semi-governmental and private sectors, as it is based on the certificate being issued by an existing and recognized authority, explaining that the draft law included progressive penalties against anyone who exploits these certificates financially, professionally, and even morally, and ranges between financial fines and imprisonment, depending on the harm that the certificate may cause. Delusional.
Tomorrow, the Council will hold its seventh session of the second ordinary session of the 17th legislative session, at the Council’s headquarters in Abu Dhabi, headed by the Speaker of the Council, Saqr Ghobash, and it will witness a new parliamentary precedent, during which the Council will discuss three draft federal laws, in addition to a general topic.
Regarding the draft laws referred by the committees, the members of the Council discuss a draft federal law amending some provisions of Federal Decree Law No. (14) of 2018 regarding the Central Bank and the organization of financial facilities and activities, which includes the amendment of only two articles.
The council is also discussing a draft federal law to abolish Federal Law No. (17) of 1978, regulating cases and procedures for cassation appeal before the Federal Court, which the government proposed, according to the explanatory memorandum, based on its endeavor to raise the efficiency index of the state’s judicial system and contribute to the development of its systems, consistent with Rapid societal and technical changes.
The Civil Procedures and Criminal Procedures Law are two legislations subsequent to the Law Regulating Cases and Procedures for Appeal by Cassation before the Federal Supreme Court, and they have regulated the same issues and provisions that were previously organized by the last law, and these two legislations explicitly included the cancellation of any legislative text contrary to them.
The council is also discussing a draft federal law regarding the exploitation of fictitious academic degrees, which consists of 11 articles aimed at confronting the exploitation of fictitious academic degrees, and using them for appointment to jobs in government or private entities, or for any other purpose.
Shatha Saeed Alai Al Naqbi, a member of the Education, Culture, Youth, Sports and Media Affairs Committee in the Council, stated that the UAE is one of the first countries to address the draft law on fake certificates, especially as it addresses the misunderstanding of differentiating between fake certificates and forged certificates, pointing out that the latter has its own law. Address it, which is the criminal or federal law.
Al-Naqbi said to Emirates Today: “As for the fictitious certificates, we are talking about a fictitious document that is not tangible and not issued by a recognized authority or by an existing body. This is why the draft law deals briefly with all certificates drawn and sealed, and a form that is considered the true copy of a recognized academic editor. In the state ».
She added: “The phenomenon of fake certificates has increased and spread recently, and many semi-governmental and private sectors are exposed to such a phenomenon. Therefore, the current draft law regulates work in dealing with and dealing with these certificates, and the main focus of the law is that the testimony is Issued by an existing and recognized authority, and takes into account many cases that may fall under the behavior of dealing with fictitious certificates, such as attempts to use or pass a scientific or academic certificate with the intention of material or even moral benefit, ”stressing that the draft law included gradual penalties It is between a financial fine and imprisonment, according to the damage that the false testimony may cause.
And she continued: “We are confident that the draft law will be able to address the phenomenon of fictitious testimonies once it is issued. Therefore, the committee took into consideration in drafting the latest articles of the draft law, that this law will come into force six months after the date of its approval by His Highness the President of the State, and its publication in the Official Gazette. To give more opportunities to correct the situation, especially in light of the difficulty of communication and tracking due to the (Corona) pandemic.
According to the report of the Council for Education, Culture, Youth, Sports and Media Affairs in the Council, the committee held about eight meetings with representatives of the government (the Ministry of Higher Education), during which all the articles related to the draft law were agreed upon, especially after resolving some differences in views on a number of definitions and mechanisms, In light of full cooperation and a common desire to complete the draft law and approve it in the best legal and societal manner, especially as it is one of the very important draft laws for a large number of members of society and its various sectors, and serve the country and the citizen.
The report pointed out that the most prominent reasons for proposing the draft law were that the government had great enthusiasm to confront the phenomenon of fictitious academic degrees, and the multiplicity of forms and methods of its exploitation, as the draft law was proposed to deal with the rapid technological developments and the exploitation of some of them, the multiplicity of forms of education and its institutions, and the spread Institutions of public and higher education », stressing that there is an urgent need to have organized legislation to protect society and the scientific and educational environment, and to address all dangers arising from the phenomenon of fictitious scientific certificates.
According to the report, the committee created, during its work, a number of articles and clauses of the draft law, related to the executive regulations, the competent authority and the state's employers, the scope of application of the draft law and the conditions for academic certificates, and the articles of penalties and expansion in the areas of their approval were also detailed, pointing out that the draft law deals with its articles ( 1-3) Definitions of some of the words and phrases contained within the draft law, among them the definition of fictitious certificates, which targeted “those certificates issued by unauthorized bodies, whether inside or outside the country, as well as certificates issued by non-existent bodies”.
He noted that some articles specified the conditions in which several basic conditions must be met by the Ministry of Higher Education in the process of accreditation and equivalence of official certificates, to confront this phenomenon and address the certificates issued by an unaccredited academic body, while the articles related to penalties did not ignore any details related to the fake certificates And disposing of it, and specifically in Article 6 that went to punish everyone who deals with this certificate, starting with the one who presented it and passing through the bearer of it, whether he knows that it is incorrect or not, and ends with the authority or employee who approves or accepts it.
The draft law was keen on punitive articles to vary between penal and administrative penalties, against holders of this type of certificates, as the administrative penalties related to the cancellation of some literary titles that people acquired through their fake certificates, while the penal penalties were gradual as well, beginning with financial fines and ending with Imprisonment penalty.
Developing the legal profession
In the general topics item, the Federal National Council discusses the topic of “The Ministry of Justice’s Efforts in Developing the Legal Profession”, after the members review the report of the Constitutional and Legislative Affairs and Appeals Committee of the Council on the topic, and discuss and approve the proposed recommendations contained therein, aimed at developing the legal profession and services Provided to lawyers, and to facilitate carrying out their duties.
The committee’s report stated that it discussed the issue within its work plan with all parties related to the legal profession, and concluded with observations and recommendations related to the Ministry of Justice’s policy regarding the services provided to lawyers and the obligations arising from them, the challenges facing the work of lawyers in the country, and the Ministry’s efforts in the matter of developing the Judicial Training Institute. .
• Fake certificates issued by a fake, intangible and not issued by a recognized authority.
• The "Exploitation of Fake Certificates" Law aims to counter their exploitation and use for appointment.
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