Guilty Parties Research Articles

Features of display in account of compensation of losses from written-off stocks during the period of martial state

The paper is devoted to the issues of reflecting in the accounts compensation for losses from written-off stocks during the period of martial law. The relevance of this direction of research is due to the fact that, unfortunately, at enterprises in places where assets are stored, processes of theft, improper storage and deterioration of stocks sometimes occur, as a result of which business entities suffer losses. Therefore, the use of compensation mechanisms by the guilty parties (employees of the enterprise, the aggressor country) and their reflection in accounting lead to a decrease in costs during the write-off of stocks from the enterprise's balance sheet. Every enterprise in Ukraine, during its activity, necessarily records stocks that can be used in production, trade, administration or in other areas of work. Special attention is paid to the places of their storage during the receipt of these assets. We believe that the data of warehouse accounting of stocks should coincide with the data of accounting. But, unfortunately, there are situations in which, after an inventory or military aggression, it is necessary to write off undetected (stolen), damaged or destroyed stocks. In today's conditions, Ukrainian enterprises suffer significant losses as a result of martial law. The use of unmanned aerial vehicles and missiles by Russia, the occupation of a large part of Ukrainian territories, the location of enterprises in war zones or close to them leads to the loss of enterprise assets. We have researched that these losses can occur as a result of direct ammunition hits, fires, and breakdown of equipment used to preserve stocks. Unfortunately, the loss and deterioration of stocks leads to the mismatch of their recognition as assets and the subsequent receipt of economic benefits.

Огляд місця події: особливості залучення спеціаліста

The features of involving a specialist during the examination of the scene have been considered. It is noted that one of the main functions of the state is to counter crime, which is the basis of its criminal justice policy in all its manifestations, directions, and forms. The criminal justice aspect of countering crime primarily involves the activities of law enforcement agencies in detecting and investigating criminal offenses, establishing the guilty parties in their commission, and holding them accountable. Therefore, in every case of committing criminal offenses, law enforcement agencies must ensure prompt, thorough, and comprehensive investigation. Compliance with all principles of criminal proceedings is particularly important during investigative (search) actions. It is noted that today scientific and technological progress has significantly advanced, so in order for pre-trial investigation to be conducted effectively and for the tasks of criminal proceedings to be fulfilled, it is necessary to use the most modern achievements in various fields of science and technology. Experts and specialists have always been the leaders in these achievements in criminal proceedings. The concept of a specialist according to the Criminal Procedure Code of Ukraine and other regulatory legal acts has been analyzed, and it has been concluded that special regulatory legal acts provide a broader understanding of the concept of a specialist than the Criminal Procedure Code of Ukraine. The requirements placed on a specialist during the examination of the scene and the peculiarities of conducting it with the involvement of a specialist have been disclosed. After analyzing Part 3 of Article 237 of the Criminal Procedure Code of Ukraine, we have concluded that the participation of a specialist during the examination of the scene is not mandatory. It is up to the investigator or prosecutor to decide whether to invite a specialist for the conduct of this investigative (search) action. The examination of the scene is the most informative investigative (search) action regarding the committed criminal offense. Without the involvement of a specialist, the investigator or prosecutor conducting the examination of the scene may overlook and fail to identify evidence that could be of significant importance to the evidentiary base. In our opinion, it is advisable to utilize specialized knowledge during every examination of the scene, therefore the participation of a specialist should be mandatory. The participation of a specialist in each case during the conduct of this investigative (search) action will contribute to improving the quality of the pre-trial investigation. Therefore, we propose to amend Part 3 of Article 237 of the Criminal Procedure Code of Ukraine as follows: Part 3: The victim, suspect, defense counsel, legal representative, and other participants in the criminal proceedings may be invited to participate in the examination. In order to obtain assistance on matters requiring specialized knowledge, the investigator and prosecutor must invite specialists to participate in the examination.

НАЛОГОВЫЕ АСПЕКТЫ ИЗЪЯТИЯ АПТЕКАМИ ИЗ ОБРАЩЕНИЯ И УНИЧТОЖЕНИЯ ЛЕКАРСТВЕННЫХ СРЕДСТВ

Strict regulation of the quality of medicines, as well as the establishment of expiration dates for them, are risk factors for commodity and financial losses of pharmacies associated with the withdrawal from circulation and destruction of medicines that are unusable for further sale. As taxpayers of taxes in force in the Russian Federation, pharmacies must take these transactions into account when they determine their tax obligations. Understanding the tax aspects of the withdrawal from circulation and destruction of medicines allows, at the stage of organizing these procedures, to minimize tax risks, and, consequently, the financial losses of pharmacies associated with their implementation in the form of additional charges of taxes, fines and penalties. The purpose of the study was to identify possible tax risks arising when medicines are withdrawn from circulation and to identify possible ways to reduce them. To achieve this goal, an analysis of legislative requirements, explanations of authorized bodies and current judicial practice on the issue under consideration was carried out. The analysis showed that operations for the withdrawal from circulation and destruction of medicines are a source of tax risks for pharmacies in terms of income tax and VAT. It was revealed that tax risks for income tax are associated, first of all, with incorrect documentation of the withdrawal of medicines from circulation. They are also possible due to the refusal to identify those responsible for the damage or their absence, the failure to file claims against the guilty parties and their lack of compensation for losses, and write-off before the expiration date. Tax risks for VAT arise if a pharmacy does not have evidence of disposal of medicines for reasons beyond the will of the owner and without transfer to other persons. To help reduce tax risks will be the inclusion in the internal regulations on the withdrawal of medicines from circulation and their destruction of provisions that take into account the norms of tax legislation and arbitration practice, as well as monitoring their compliance.

Formation of legal regulation of criminal proceedings in Ukraine under martial law

This article explores the preconditions and stages of the development of legal regulations for conducting criminal proceedings in Ukraine during a state of war. It emphasizes that the peculiarities of legal regulation in the early stages of the antiterrorist operation and before the onset of full-scale war are linked to the objective impossibility of fulfilling certain requirements guaranteeing individual rights and freedoms during procedural actions due to ongoing combat operations in specific territories. Simultaneously, the need to ensure the inevitability of punishment for guilty parties led to the introduction of special criminal proceedings regimes with limitations on certain rights and freedoms of participants. The article identifies an increase in the proportion of investigations conducted through special criminal proceedings procedures as a distinctive feature of investigating crimes committed during a state of war. This approach allows the national law enforcement and judicial systems to accomplish the task of ensuring the inevitability of criminal responsibility for individuals hiding from pre-trial investigation or court proceedings on the territory of Russia or temporarily occupied territories of Ukraine. In addressing representatives of the occupying state committing war crimes against Ukraine, the article proposes additional guarantees, especially for foreign citizens, regarding proper notification of such suspects/ accused about the date and time of procedural actions or court hearings. This aims to minimize grounds for appeals to the European Court of Human Rights due to Ukraine’s alleged violation of Article 6 of the Convention. In summary, with the introduction of a legal regime of martial law in Ukraine, the procedure for conducting criminal proceedings is designed to respond to challenges associated with armed conflict and the inability of the state to fully or partially perform law enforcement, legal protection, and judicial functions in specific territories of Ukraine. The implemented mechanism for conducting special criminal proceedings during a state of war requires further refinement to maximally guarantee the rights and freedoms of participants in criminal proceedings.

Interpretation and Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Recent Practice of the International Court of Justice

The article “Interpretation and application of the Convention on the Prevention and Punishment of the Crime of Genocide in the recent practice of the International Court of Justice”, written by Iryna Hrebenets and Anhelina Rozhets, summarize the recent practice of genocide cases of ICJ, find its main points and how it reflects in international law system. It was defined that the topic of genocide can not be discussed without an emotional approach to it, paying attention to the substance of the Genocide Convention – its universality of participation, binding states and not individuals. It was defined the main aim of the Convention – prevention of genocide, stopping of committing it, and punishment for guilty parties. In that point of view, it could not be placed any reservations in practice, as they would contradict the aims of the Convention. The peculiarity of punishing the state for genocide actions is the obligation to prove the connection between individuals who committed genocide and state’s financial involvement or awareness of committed actions with the specific intent to destroy in whole or in part, a national, ethnic, racial, or religious group. The interpretations of the Convention proved the possibility of the effective fulfilment of erga omnes obligations, related to the prevention of genocide by the third and not directly related states. As the ICJ is the only legal forum that has the opportunity to interpret the Genocide Convention, thus, how it applies and interprets the Genocide Convention – shows how international law reflects the changes in the world order. Today it can be seen the results of it in the ongoing case Ukraine v. Russia, where the last acquisitions are applied in practice.

Rejection of Former Shia Community in Sampang Perspective on Human Rights Law: Discourse of Religious Rights and Freedom in Indonesia

Tajul Muluk and 274 former Shia have not been able to return to their hometowns in Sampang District, even though they have pledged repentance to return to Sunni teachings on November 5, 2020. The formulated research problems consisted of: first, what was the position of former Shia adherents in Sampang District based on the perspective of rights and freedom of religion in Indonesia? And second, what was the form of violation of the right to freedom of religion in the case of community rejection of former Shia in Sampang District? This research utilizes empirical legal research methods combined with sociological and anthropological approaches. The research results concluded: First, the existence of former Shia adherents as refugees should be treated as a violation of the constitutional mandate of Indonesia which forbids acts of violence and violations of religious rights and freedoms, of all Indonesian citizens. Second that they were accused of embracing a deviant religious sect, is evidence to their religious minority status; and third the expulsion of the former Shia adherents was a violation of the right to freedom of religion. which had been regulated in the constitution, laws, and regulations under the constitution and the spirit of the Indonesian nation.

Procedural protection of persons who collaborate with the law enforcement agency in uncovering the criminal network

Ensuring the evidential basis is a permanent challenge for the law enforcement agency in criminal proceedings. This challenge is materialized by the desire of the perpetrator/criminal to destroy the evidence that proves their guilt. In investigating crime offenses, this danger is more imminent due to the operating methods of criminal groups and organizations, namely violence, cruelty and terror. For centuries, the statements of persons targeted by criminal actions or those who witnessed these actions have been considered the most viable evidence in a criminal trial. Given the importance and weight of the given evidence, the actions of criminal organizations have constantly been aimed at influencing and destroying it. It is precisely this fact that has led the legislator to take a firm position in this regard to ensure the state protection of persons who collaborate with the law enforcement agency in holding the guilty parties accountable.

Restorative Justice Crime Of Narcotics In The Elderly With Narcotic Evidence

The fact that there is numerous abuse of narcotics and dangerous drugs in Indonesia today is inseparable from the many modes and justifications used by these abusers in carrying out their actions. The exploration is remembered for the regularizing juridical assessment, the strategy involved by the creator as the peculiarities concentrate on that happens connected with the utilization of helpful equity in drug cases has been performed at the examination site. The results are that the Crook Code Bill has thought about the age of the more established in the criminal system, by setting the age north of 75 years for guilty parties of criminal goes about very far they are not open to confinement. In the conversation of Article 72 of the Lawbreaker Code Bill, this age limit was deferred, between the time of "north of 70 years" or "more than 75 years" for culprits of criminal goes about quite far they were not expose to detainment. This arrangement was one of the issues forthcoming at the Detailing Group Meeting (Timus), yet at the accompanying Timus Meeting concurred that "mature more than 75 years" for culprits to try not to be condemned to jail quite far (become Article 76), considering the future that the higher it is. For the elderly who are caught in drug abuse cases, consider the interests of the perpetrators who act as victims by prioritizing rehabilitation efforts as the best way to return the perpetrators to the condition they were in before committing drug abuse

STATUS OF REFORMATIVE PUNISHMENTS IN INDIA

Of all parts of the law, the branch that intently concern or contacts an individual in his everyday existence is criminal law. Wrongdoing could likewise be characterized as the commission of acts precluded by corrective law and hoodlums as people who carry out such demonstrations. The penalization framework is an indispensable piece of law enforcement and for keeping up with Government backed retirement. The advancement of progress has come about through the change in the theory, strategy, and intention of penalization. Discipline might be utilized as an approach to decreasing the occurrence of criminal ways of behaving either by hindering the expected guilty parties or by impairing and keeping them from rehashing the offense or by improving them into law-withstanding residents. In this manner, speculations of discipline contain strategies concerning the treatment of wrongdoing and hoodlums. They're ordered into four sorts. Every one of these aren't correspondingly elite and every one of them assumes a vital part in dealing with possible wrongdoers. The hypotheses of discipline are Retributive theory, Deterrent theory, Preventive theory, and Reformative theory. This review is in regard to reformative theory and dissecting the status in India.

Konstruksi Pemberitaan Kasus Perselingkuhan Nissa Sabyan dan Ayus Sabyan di Tribunnews.com

In February 2021, the public was shocked by the case of an affair involving Nissa Sabyan and Ayus Sabyan. One of the media that gave the most in this case was Tribunnews.com. This study aims to see how Tribunnews.com's news construction is in the case of Nissa Sabyan and Ayus Sabyan's infidelity. Gender sensitive journalism and the framing process in reporting are the basis of this research. The research model uses framing analysis by Robert N. Entman. The results of the study show that Tribunnews.com strengthens the labeling of pelakor to Nissa Sabyan. The labeling of actors positions women as the most guilty parties in infidelity cases. This shows that Tribunnews.com has discriminated against gender in reporting.

Duty, Human Rights and Wrongs and the Notion of Ubuntu as Humanist Philosophy and Metaphysical Connection

This article reviews and discusses the issue of one’s duty, rights and wrongs within the Humanist African Philosophy of Ubuntu. ‘Ubuntu’ is an Nguni Bantu term denoting "humanity". It asserts that "I am because we are" and expresses of having a sense of "humanity towards others" which in the Zulu language is stated as “umuntu ngumuntu ngabantu”. The roots of African Life, culture and value systems in Southern Africa in particular are found in the philosophy of Ubuntu but they have also been partially influenced by specifically the Judaeo-Christian tradition. Ubuntu considers human rights as moral principles or norms that designate certain standards of human behaviour that are required in dealing with other human beings. One’s rights and duties in society are grounded in a multifaceted philosophy because of the moral aspects which are a mixture of heritage and tradition. Ubuntu avows that society, and not any transcendent being, provides human beings with their basic humanity. An authentic individual human being is part of a complex and important relational, communal, societal, environmental and even mystical world. One’s actions are correct to that extent that they are a matter of living harmoniously with others and doing one’s duty while acting ethically and within the ambit of the law, and thus demonstrating reverence towards others in communal associations. It calls for apology, and forgiveness when doing something wrong and ultimately reconciliation with guilty or injured parties. Keywords: Ubuntu; Rights; Wrongs; Duties; Metaphysics; African humanism

Издание о роли высшего духовенства в гибели монархического строя в России

Russian historians consider in this review the 2nd revised and enlarged edition professor Mikhail Anatolyevich Babkin’s monograph “Priesthood and Kingdom (Russia, early XX century - 1918). Research and materials.” Babkin's research relates to field of history, theology, and church law, and the authors of the review see an innovative approach in this. The said monograph opens new horizons for comprehending Russian historical transformation in 1917. It considers historical processes from the point of view of problem of “priesthood and kingdom.” The authors note significance of this problem for the history of Russia not only in the 17th century, but also in the period of revolutions in early 20th century. Considering revolutionary processes from this angle is justified and expedient. Babkin’s monograph contains research and also published documents and extended reference apparatus.The authors conclude that Babkin’s work does not close issue, although it makes the discussion of reasons for destruction of pre-revolutionary state-church relations model relevant today. They state that the author of the monograph does not hide his monarchist sympathies and considers clerical establishment of the Russian Orthodox Church one of the guilty parties in the overthrow of the monarchy. In the pre-revolutionary years, the clergy worked, in essence, for the revolution. The clergy, that was meant to sacralize imperial power, became a leading actor in its desacralization.

JANDA DAN DUDA: GENEALOGI PENGETAHUAN DAN KULTUR MASYARAKAT TENTANG JANDA SEBAGAI PELANGGENGAN KUASA PATRIARKI

Marital status is a cultural benchmark in assuming that a person is an adult. Similarly, Janda or Duda. For Janda, the community still considers one eye when compared to Duda. Events that cause a Janda for the community (village, especially) will usually be seen by women as the guilty party. Furthermore, when the status of the Janda is officially assumed, the community will observe its activities. For example, coming home late, not working, not socializing, or anything else. The discussion will be drawn to the discourse of the body and mind of a Janda has been executed and controlled by the mind in a patriarchal culture. This condition does not occur in Duda. For any Duda, the community considers it normal. In the divorce process widowers tend not to be seen as guilty parties. This research is a qualitative study with a phenomenological method in Central Java and Yogyakarta. The results of this study indicate that from the beginning until today the condition of women (Janda) has not changed much, The rights attached to Janda are reproduced by the public which gave rise to marginalization and stereotypes; The social space for Janda has shifted to the imbalance of power relations; myths and symbolic violence experienced by Janda because culturally the behavior of Janda is a public concern; Symbolic violence is experienced by Janda due to negative assumptions about their activities; patriarchal power always shackles women into a space of injustice; A public dominated by patriarchal culture eventually forms an unequal power discourse.

PREVENTION MECHANISM OF YOUTH CRIME

Juvenile delinquency is the term used to depict the criminal demonstrations of the criminal guilty parties who are not major for example under 18 and to examine the current situation of the adolescent wrongdoing the exploration is finished. This exploration plans to investigate the instructive foundation of the reprobates alongside the family foundation and their financial status which influences the adolescents or which brings about the wrongdoing among adolescents. Juvenile delinquency ranks among the top concerns when it comes to youth. The main purpose of prevention programs is to suppress juvenile and youth offences, to help street kids take part in idealistic self-examination and structure uplifting outlooks. In this paper, we review the causes and effects of juvenile delinquency as well as all possible explanations that have contributed to delinquent behavior. The second major section focuses on what can be the possible preventive measure to deal with the rising crime rate. Section 3 covers the responsibilities and possible responses to juvenile offenders in the future. In the last section, we examine the current laws and analysis of prevention approaches already present, based on the latest reviews of the case study and its implications.

Violent Silence

A widespread failure to recognize the social and political-economic causes of climate-related crises is an erasure of history that hides potential solutions and absolves guilty parties of responsibility. This blocking out of causality is perpetuating slow and silent violence against present and future generations. These erasures are illustrated by two short cases: the causes of famine and dislocation in the Sahel, and the causes of farmers’ suicides in India. The essay highlights the need to recognize histories of exploitation, and introduces the “Exploiter Pays Principle,” in order to deliver justice in climate policymaking.

CHARACTERISTIC PECULIARITIES OF OBJECTIVE AND SUBJECTIVE SIGNS OF HUMAN ABDUCTION

In the article, the author comes to the conclusion that kidnapping is characterized by the unlawful seizure of a person, his displacement and subsequent retention against or against his will. Capturing, moving and restraining a person can be carried out both by deception or abuse of the victim's confidence, and with the use of violence or the threat of violence, or without it. The fact that the guilty persons do not have a goal of further restraining the victim indicates the absence of corpus delicti of kidnapping, while the presence of other corpus delicti in the actions of the guilty parties is not excluded.

Alternative Justice for Victims in Uganda: Learning from the Impact of COVID-19 on the Court System

The notion of a more “victim-centred” approach to peacebuilding and Transitional Justice (TJ), is increasingly emphasised in academic, legal and policy discourse. Unfortunately, this element is mostly lacking within the context of Uganda’s post war recovery and transition. This article attempts to strike a balance between retributive justice and reconciliation. Considering the challenges of achieving justice through the courts, including the COVID-19 disruptions, the article argues that by directly engaging survivors in alternative dispute resolution as a process embedded in plea-bargaining, the Courts can make accountability for atrocity crimes more “victim-centred”. This recommendation is radical, from an International Criminal Justice(ICJ) perspective, because redress through the courts is primarily about retribution or punishment of guilty parties, which a survivor-centred approach to plea bargaining might not always produce. The argument, however, is not to turn away from retributive justice. Rather, the claim is that it is ineffective for mass atrocities within specific contexts, on its own. Ultimately, a more radical approach is for criminal accountability mechanisms to preserve spaces that allow for reconciliation, through Alternative Dispute Resolution (ADR) and Plea Bargaining. This proposed approach is meant to specifically address atrocity violence during periods of transition, which would be interpreted as radical in the context of ICJ.

Recourse action against investigative authorities is a legal way of «fall guys:» identifying who made a mistake in the criminal procedural system

The author indicates how and in which ways tendencies of recourse recovery from guilty persons of investigative authorities can be realized. The article reviews practical experience of recourse actions disposition over the last years in the Russian Federation. From the authors point of view, this practical experience is confusing, conflicting, and potentially hazardous.
 In 2018, the Law Commission of the Government of the Russian Federation endorsed a bill aimed at improving recourse actions against investigative authorities. The legal fundamentals of the bill are stated in regulations of Chapter 18 the RF CPC and again in Articles 1069, 1070, 1080, sub-paragraphs 3 and 3.1 of the Article 1081 of the CCRF. The main idea of the bill is to improve the subjects and practice of recourse recovery from guilty parties of investigative authorities and other law enforcement agencies of those funds that were disbursed to rehabilitees from the Treasury of the Russian Federation account in accordance with Chapter 18 of the RF CPC [1]. The Russian Federation State Duma presented a bill in 2019 that specified the minimum amount of state monetary compensation for unwarranted prosecution of such persons who (in future) would be liable to rehabilitation. There are some innovations of the given bill. The minimum compensation per rehabilitee is 1000 RUB for each day of pretrial investigation and judicial inquiry; 5000 RUB per day for illegal use of such restrictive measures as house imprisonment, restraining order, and written undertaking not to leave the place; and 15 000 RUB per day of illegal stay in pretrial detention facility [2].
 If these new measures are accepted, the amounts of recourse against investigative authorities will be cardinally increased. The keys of the above-noted lie in growing statements. The main point of these statements is that the federal budget loses huge sums annually and irrevocably through the realization of institute rehabilitation.

Many Guilty Parties in the Opioid Crisis—Including the US Government

The Back Letter: March 2020 - Volume 35 - Issue 3 - p 26 doi: 10.1097/01.BACK.0000656744.68595.ba

A Failure of Laïcité: Analyzing the Ongoing Discrimination of French-Muslims in the 21st Century

The question of how to deal with the “Muslim problem” has once again arisen in France, opening old wounds of colonization and cultural racism. France’s rich Christian past and the historical context of the French-Algerian conflict are key players in the modern suffering of Muslims in French Society. Its colonization of Africa included nations such as Morocco, Indochina, Madagascar and notably in this context, Algeria in 1830. In their valiant fight for independence, the National Liberation Front was launched by Algerians and resulted in a bloody struggle that still haunts the Muslim-French relations in modern France. Though Algeria achieved its independence in 1962, the overall negative attitude towards immigrants from the region remains. Beyond the impact of colonization, the imbalanced living conditions of Muslims and their fellow Frenchmen, as seen by the French banlieues, have turned into a hunting ground for jihadists. The skewed standard of living, exacerbated by the predatory manner of jihadists, suggests that the French be held under a standard of collective responsibility. Thus, under the failing social constructs of the banlieue, Abdelmajid Hannoum’s article “Cartoons, Secularism, and Inequality,” published following the attack on Charlie Hebdo, speaks to the means by which the French ideals of fraternity and equality do not apply to the Muslim populace on the basis of historical animosity and ingrained Islamophobia. Moreover, failure of the French government to unbiasedly enforce their policy of complete secularism plays into the discrimination against Muslims and interferes with the performance of religious traditions, such as in the case of the 2004 ban, which unjustly prevents females from wearing their hijabs, burkas and niqabs. As addressed in The Republic Unsettled: Muslim French and the Contradictions of Secularism by Mayanthi Fernando, there had been attempts to police the religious headwear of Muslim women previously which calls into question the validity of France’s claim to secularism. Legislation like the ban of 2004 allows for blatant discrimination. Unchecked, these factors lead to violent outbursts of extremist retaliation, which is followed by the notion of collective responsibility and pushing of a narrative that holds all Muslims as potential terrorists. Through media, unchecked publications run rampant with this damaging ideal, supporting islamophobia to help to justify discrimination. In the instance of the Charlie Hebdo attack, the common narrative pointed to the attack occurring from born and bred Muslims, but in reality, the guilty parties were driven into jihadism by a number of failings in social service programs. To supplement the research and cold fact, the novel I Die by This Country by Fawzia Zouari, which is based on a real French headline, speaks to the ongoing, every day struggle that French Muslims still endure. There is an evident link between the lasting economic, political and social inequalities faced by 21st century French-Muslims and their historical conflicts with French imperialism and deep-rooted Christian attitudes. The influence of history on the struggle of French Muslims in the 21st century is displayed by the grouping of Muslims into lower income communities, as well as headlines of police violence and anti-Muslim attitudes taken on by political leaders. The conflicts faced by Muslims within the French state is not secularism and until all citizens are, in the eyes of the state, regarded as French first and foremost, conflicts of violence and terror will continue to gain a foothold.