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1. One who furnishes false information to the Government in feigned compliance with a statutory requirement cannot defend against prosecution for his fraud by challenging the validity of the requirement itself. Bryson v. United States, ante, p. 64. Pp. 79-80.
2. By filing false statements appellee took a course other than the one that 4412 was designed to compel, a course that the Fifth Amendment gave him no privilege to take. Pp. 81-82.
3. Whether, as appellee argues, he gave the false information under the duress of 4412 and 7203 of the Internal Revenue Code, or his false statements were not made "willfully" as required by 18 U.S.C. 1001, must be determined initially at his trial. Pp. 82-84.
298 F. Supp. 1260, reversed.
Mervyn Hamburg argued the cause for the United States. With him on the briefs were Solicitor General Griswold, Assistant Attorney General Wilson, Francis X. Beytagh, Jr., and Beatrice Rosenberg.
Appellee Knox has been charged with six counts of violation of federal law in connection with his wagering activities. The first four counts of the indictment charge that between July 1964 and October 1965 he engaged in the business of accepting wagers without first filing Internal Revenue Service Form 11-C, the special return and registration application required by 4412 of the Internal Revenue Code of 1954, and without first paying the occupational tax imposed by 4411 of the Code. Counts Five and Six charge that when Knox did file such a form on October 14, 1965, and when he filed a supplemental form the next day, he knowingly and willfully understated the number of employees accepting wagers on his behalf - in violation of 18 U.S.C. 1001, a general criminal provision punishing fraudulent statements made to any federal agency.
For this proposition Knox relies on United States v. Lookretis, 398 F.2d 64 (C. A. 7th Cir. 1968), where, after this Court had remanded for reconsideration in light of Marchetti, see 390 U.S. 338 (1968), the Court of Appeals ruled that truthful disclosures made under the compulsion of 4412 could not be introduced against their maker in a criminal proceeding. However, the Fifth Amendment was offended in Lookretis precisely because the defendant had succumbed to the statutory compulsion by furnishing the requested incriminatory information. Knox does not claim that his prosecution is based upon any incriminatory information contained in the forms he filed, nor that he is being prosecuted for a failure to supply incriminatory information. He has taken a course other than the one that the statute was designed to compel, a course that the Fifth Amendment gave him no privilege to take.
This is not to deny that the presence of 4412 and 7203 injected an element of pressure into Knox's predicament at the time he filed the forms. At that time, this Court's decisions in United States v. Kahriger, 345 U.S. 22 (1953), and Lewis v. United States, 348 U.S. 419 (1955), established that the Fifth Amendment did not bar prosecution for failure to file a form such as 11-C. But when Knox responded to the pressure under which he found himself by communicating false information, this was simply not testimonial compulsion. Knox's ground for complaint is not that his false information inculpated him for a prior or subsequent criminal act; rather, it is that under the compulsion of 4412 and 7203 he committed a criminal act, that of giving false information to the Government. If the compulsion was unlawful under Marchetti, 6 Knox may have a defense to [396 U.S. 77, 83] this prosecution under the traditional doctrine that a person is not criminally responsible for an act committed under duress. See generally Model Penal Code 2.09, 3.02 (Proposed Official Draft, 1962); id., 2.09, Comment (Tent. Draft No. 10, 1960). It is only in this sense that there is any relevance to Knox's attempted distinction of this case from Dennis, Bryson, and their predecessors, United States v. Kapp, 302 U.S. 214 (1937), and Kay v. United States, 303 U.S. 1 (1938), on the ground that in those cases the false statements were voluntarily filed for the purpose of obtaining benefits from the Government.
Knox argues that the criminal sanction for failure to file, coupled with the danger of incrimination if he filed truthfully, was more coercive in its effect than, for example, the prospect that the petitioners in Dennis would lose their jobs as union officers unless they filed non-Communist affidavits. While this may be so, the question whether Knox's predicament contains the seeds of a "duress" defense, or perhaps whether his false statement was not made "willfully" as required by 1001, is one that must be determined initially at his trial. 7 It [396 U.S. 77, 84] is not before us on this appeal from dismissal of the indictment, and we intimate no view on the matter.
[ Footnote 1 ] But see nn. 3, 6, infra.
[ Footnote 2 ] Such a direct appeal is authorized by the Criminal Appeals Act, 18 U.S.C. 3731, which provides: "An appeal may be taken by and on behalf of the United States from the district courts direct to the Supreme Court of the United States in all criminal cases in the following instances: "From a decision or judgment setting aside, or dismissing any indictment or information, or any count thereof, where such decision or judgment is based upon the invalidity or construction of the statute upon which the indictment or information is founded. . . . . . "From the decision or judgment sustaining a motion in bar, when the defendant has not been put in jeopardy." The District Court sustained the claim of privilege not on the basis of facts peculiar to this case but on the basis of its conclusion that the Fifth Amendment provides a defense to any prosecution under 1001 based on misstatements on a Form 11-C. This amounts to a holding that 1001, as applied to this class of cases, is constitutionally invalid. The generality of the impact of the District Court's holding appears to us to render our jurisdictional holding a fortiori compared to analogous jurisdictional holdings in such cases as Dahnke-Walker Milling Co. v. Bondurant, 257 U.S. 282 (1921); Fleming v. Rhodes, 331 U.S. 100, 102 -104 (1947); Wissner, v. Wissner, 338 U.S. 655 (1950); Department of Employment v. United States, 385 U.S. 355, 356 -357 (1966). We prefer to rest our jurisdiction on this aspect of 3731 rather than, as advocated by the Government, the statute's "motion in bar" provision, in light of the fact that the scope of the latter provision will be the subject of full-dress consideration, as will certain problems under the "dismissing any indictment" provision not present in this case, in United States v. Sisson, consideration of jurisdiction postponed, post, p. 812.
[ Footnote 3 ] Knox argues that his false Forms 11-C were not filed "in any matter within the jurisdiction of any department or agency of the United States," a necessary element of a violation of 1001, because Marchetti and Grosso held that the Internal Revenue Service was not authorized to require the filing of the forms. Even if his reading of those decisions were correct, his argument would fail for the reasons explained in Bryson. The Internal Revenue Service has express statutory authority to require the filing, and when Knox submitted his forms this Court had held that such a requirement raised no self-incrimination problem. United States v. Kahriger, 345 U.S. 22 (1953); Lewis v. United States, 348 U.S. 419 (1955). Further, in Marchetti we did not hold that the Government is constitutionally forbidden to direct the filing of the form, but only that a proper assertion of the constitutional privilege bars prosecution for failure to comply with the direction. See n. 6, infra; see also Grosso v. United States, 390 U.S., at 69 -70, n. 7.
[ Footnote 4 ] Knox claims on appeal that neither Count Five nor Count Six charges any affirmative misstatements, but only omissions. Count Five charges that the statements on the form filed on October 14, 1965, "were not true, correct, and complete, in that the number of employees and/or agents engaged in receiving wagers in his behalf were misrepresented and understated, in that the number, name, special stamp number, street address, and city and state of employees [396 U.S. 77, 81] and/or agents engaged in receiving wagers in the said JAMES D. KNOX's behalf had been omitted . . . ." Count Six contains language identical except for an apparently inadvertent difference in punctuation. Although the wording is not entirely clear, we need not decide whether on a fair reading the indictment encompasses affirmative misstatements. The District Court read the indictment as alleging that Knox violated 1001 "by wilfully and knowingly making a false statement" on the forms, and it was on the basis of this construction that the court dismissed Counts Five and Six. We have no jurisdiction on this direct appeal to review the construction of the indictment. E. g., United States v. Harriss, 347 U.S. 612 (1954); United States v. Petrillo, 332 U.S. 1 (1947); United States v. Borden Co., 308 U.S. 188, 193 (1939). But see United States v. CIO, 335 U.S. 106 (1948). See also n. 2, supra.
[ Footnote 5 ] Title 26 U.S.C. 7203 provides: "Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return (other than a return required under authority of section 6015 or section 6016), keep any records, or supply any information, who willfully fails to pay such estimated tax or tax, make such return, keep such records, or supply such information, at the time or times required by law or regulations, shall, in addition to other penalties provided by law, be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 1 year, or both, together with the costs of prosecution."
[ Footnote 6 ] We stressed in Marchetti "that we do not hold that these wagering tax provisions are as such constitutionally impermissible; we hold only that those who properly assert the constitutional privilege [396 U.S. 77, 83] as to these provisions may not be criminally punished for failure to comply with their requirements. If, in different circumstances, a taxpayer is not confronted by substantial hazards of self-incrimination, or if he is otherwise outside the privilege's protection, nothing we decide today would shield him from the various penalties prescribed by the wagering tax statutes." 390 U.S., at 61 . Nothing before us indicates that the hazard of incrimination faced by Knox was less substantial than that faced by Marchetti, or that Knox would have been disqualified for any other reason from asserting the privilege in defense of a prosecution for failure to comply with 4412.
[ Footnote 7 ] Rule 12 (b) (1) of the Federal Rules of Criminal Procedure, which cautions the trial judge that he may consider on a motion to dismiss the indictment only those objections that are "capable of determination without the trial of the general issue," indicates that evidentiary questions of this type should not be determined on such a motion.
In this case, as in Bryson v. United States, ante, p. 64, the relevant inquiry is whether "constitutionally speaking it was `within the jurisdiction'" of a government agency to require the filing of certain information. Id., at 74 (dissenting opinion). In Marchetti v. United States, 390 U.S. 39, 61 , we held that the statutory requirement of filing Internal Revenue Service Form 11-C is not unconstitutional per se. It is clear, however, that under Marchetti, supra, and Grosso v. United States, 390 U.S. 62 , the "jurisdiction" of the Internal Revenue Service to require this form to be filed is subject to the Fifth Amendment privilege against self-incrimination.
This is not a case where an individual, with knowledge that he has a right to refuse to provide information, nonetheless provides false information. Under the decisions in United States v. Kahriger, 345 U.S. 22 , and Lewis v. United States, 348 U.S. 419 , which were controlling at the time Knox filed his wagering form, Knox faced prosecution under 26 U.S.C. 7203 for failure to file the form, despite claims of self-incrimination. The Government's requirement to file the wagering form was unconditional. The majority argues that by the terms of Marchetti the Government is not prohibited from requesting the form, but is only prohibited from prosecuting an individual for his failure to comply with the request. Ante, at 80, n. 3. The question in this case, however, is not whether the Government has the power to request the form to be filed, but whether it has the power to require the form to be filed. If Knox had [396 U.S. 77, 85] merely been requested to file the form and, with full knowledge of his right to silence under the Fifth Amendment, had done so voluntarily, we would have quite a different case. That is not this case. Under the scheme then in effect, the Government demanded unconditionally that Knox file the form, regardless of the fact that it would incriminate him. Heavy penalties were placed on a failure to file the form.
That reasoning is equally applicable here, for Kahriger and Lewis were still on the books at the time Knox filed his form. And see Leary v. United States, 395 U.S. 6, 27 -29.
For the reasons stated in my dissent in Bryson, ante, p. 73, and in MR. JUSTICE BLACK'S separate opinion in Dennis v. United States, 384 U.S. 855, 875 , if the Internal Revenue Service had no constitutional authority to require Knox to file any wagering form at all, his filing of a form which included false information in no way prejudiced the Government and is not, in my view, a matter "within the jurisdiction" of the Internal Revenue Service.

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The article reveals an urgent topic for modern education: the organization of children’s research work. The author has analyzed the articles in the scientific regional journals “TSPU Bulletin” and “Scientific Pedagogical Review” (Tomsk). The analysis made it possible to identify the main trends in the study of educational research activities: 1. organization of research activities in the study of various academic disciplines (physics, mathematics, literature); 2. formation of research competencies of schoolchildren, including in the context of profile education; 3. features of the organization of research activities with children of preschool and primary school age. In addition to these directions, there are other aspects of the topic. This is the experience of holding children’s scientific conferences and competitions, the application of educational research in the development of gifted children. The review of the contents of the articles allows us to draw a number of conclusions about the state of this scientific and pedagogical problem. The author showed that there is a deficit of articles on scientific directions in this field. For example, the review of articles did not reveal the existence of publications about the possibilities of applying the study in the teaching methods of certain disciplines (history, social science, technology, chemistry). These deficits open up opportunities for new pedagogical research.
1. Rumbeshta E. A., Midukov V. Z., Gel’fman E. G. Uchebnoye issledovaniye v obuchenii fi zike kak sochetaniye fundamental’nosti i innovatsiy v obrazovanii [School research in physics education as combination of fundamentals and innovation at the education]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2007, vol. 10 (73), pp. 99–103 (in Russian).
2. Rumbeshta E. A., Midukov V. Z. Formirovaniye proyektno-issledovatel’skoy kompetentsii uchashchikhsya pri obuchenii fi zike i otsenka yeyo sformirovannosti [Formation of project-research competence of students in the process of physics teaching and evaluation of its formation]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2007, vol. 10 (73), pp. 103–109 (in Russian).
3. Rumbeshta E. A. Issledovatel’skaya deyatel’nost’ uchashchikhsya v protsesse izucheniya fi ziki: analiz praktiki i perspektivy [Research activity of schoolchildren in learning physics: analysis of practice and perspectives]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2013, vol. 5 (133), pp. 206–211 (in Russian).
4. Zelichenko V. M., Danilov D. O., Chervonnyy M. A. Issledovatel’skiy metod v formirovanii kriticheskogo i sistemnogo myshleniya na urokakh fi ziki [Research method in the forming critical and system thought during physics lessons]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2007, vol. 6 (69), pp. 119–122 (in Russian).
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14. Kazarina L. A. Pedagogicheskaya model’ formirovaniya issledovatel’skoy kompetentnosti uchashchikhsya profi l’nykh gumanitarnykh klassov obshcheobrazovatel’noy shkoly [Pedagogical model for developing research competence in pupils of profile humanity classes of secondary school].Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2014, vol. 5 (146), pp. 191–197 (in Russian).
15. Kazarina L. A. Otsenka sostoyaniya issledovatel’skikh kompetentsiy u uchashchikhsya profi l’nykh gumanitarnykh klassov obshcheobrazovatel’noy shkoly [Evaluation of the state of research competencies of the pupils of profi le humanity classes of secondary school]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2014, vol. 6 (147), pp. 144–148 (in Russian).
16. Kobyakova V. N., Kurovskiy V. N. Issledovatel’skaya kompetentsiya obuchayushchikhsya kak component sovremennogo soderzhaniya obshchego srednego obrazovaniya [Schoolchildren’s research competence as a component of the modern content of general secondary education]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2017, vol. 8 (185), pp. 91–99 (in Russian).
17. Pozdeeva S. I., Rumbeshta E. A. Preyemstvennost’ nachal’noy i osnovnoy shkoly v formirovanii universal’nykh uchebnykh deystviy (na primere shkoly sovmestnoy deyatel’nosti) [Succession of primary and basic school in the formation of universal educational activities (based on the experience of the of joint activity school)]. Nauchno-pedagogicheskoye obozreniye – Pedagogical Review, 2017, vol. 3 (17), pp. 32–39 (in Russian). DOI: 10.23951/2307-6127-2017-3-32-39.
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20. Pogodayeva M. V. Stanovleniye kul’tury bezopasnosti doshkol’nika v protsesse organizovannoy igrovoy i poznavatel’noissledovatel’skoy deyatel’nosti [Formation of safety culture of the preschool child in the process of organized game and cognitive research activity]. Nauchno-pedagogicheskoye obozreniye – Pedagogical Review, 2016, vol. 3 (13), pp.103–109 (in Russian).
21. Semenova N. A. Voprosy organizatsii proyektnoy deyatel’nosti v nachal’noy shkole [The questions of the organization of the project activity in primary school]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2012, vol. 11 (126), pp. 209–211 (in Russian).
22. Semenova N. A. K probleme vybora temy pri organizatsii issledovatel’skoy raboty s doshkol’nikami i mladshimi shkol’nikami [Selecting a topic in the organization of research work with preschool and junior schoolchildren]. Vestnik Tomskogo gosudarstvennogo pedagogicheskogo universiteta – TSPU Bulletin, 2017, vol. 12 (189), pp. 118–122 (in Russian). DOI: 10.23951/1609-624X-2017-12-118-122.
23. Kuznetsova T. V. Proyektno-issledovatel’skaya deyatel’nost’ kak odin iz sposobov formirovaniya universal’nykh uchebnykh deystviy mladshikh shkol’nikov [Using project and research work with pupils as one of the ways for formation of universal educational activities]. Nauchno-pedagogicheskoye obozreniye – Pedagogical Review, 2013, vol. 1 (1), pp. 63–69 (in Russian).
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Romo v. Teva Pharmaceuticals USA, Inc. was described as the end of the world by business interests when the Ninth Circuit held that attorneys could avoid CAFA removal by filing separate cases with fewer than 100 plaintiffs in each case to avoid the mass action provision in CAFA. The Ninth Circuit is going to give those poor business interests a second bite at the apple; today the Ninth Circuit issued an order that the matter be reheard en banc.
A recent guest on the Class Re-Action podcast concluded that Rule 68 claims were underutilized. As it turns out, at least in the Ninth Circuit, that may not be the case, since defendants might not achieve what they would like from unaccepted Rule 68 offers. In Diaz v. First American (9th Cir. Oct. 4, 2013), the Court examined whether an unaccepted Rule 68 offer renders a claim moot. Aware of a split of authority, the Ninth Circuit held that it does not.
The case originated as a putative consumer class action related to a home warranty plan. After several claims for relief were dismissed, the plaintiff moved for class certification. That motion was denied. First American then made an offer of judgment on the plaintiff's remaining individual claims – for misrepresentation, breach of contract and breach of the implied covenant of good faith and fair dealing – pursuant to Rule 68. The offer included an expiration date, and the plaintiff did not accept prior to that date. First American then moved to dismiss the action as moot. The trial court found that the offer would have fully satisfied the remaining individual claims and dismissed.
In Pitts v. Terrible Herbst, Inc., 653 F.3d 1081, 1091–92 (9th Cir. 2011), we held “that an unaccepted Rule 68 offer of judgment – for the full amount of the named plaintiff’s individual claim and made before the named plaintiff files a motion for class certification – does not moot a class action” (emphasis added), but we did not squarely address whether the offer mooted the plaintiff’s individual claim. We assumed that an unaccepted offer for complete relief will moot a claim, but we neither held that to be the case nor analyzed the issue. See id. at 1090–92. In GCB Communications, Inc. v. U.S. South Communications, Inc., 650 F.3d 1257, 1267 (9th Cir. 2011), we noted that a case will “become moot” when “an opposing party has agreed to everything the other party has demanded,” but we did not address the effects of an unaccepted Rule 68 offer, an issue not presented in that case. We therefore treat this as an open question in this circuit.
As noted, the majority in Genesis Healthcare did not reach whether an unaccepted offer that fully satisfies a plaintiff’s claim is sufficient to render the claim moot. See Genesis Healthcare, 133 S. Ct. at 1528–29. In a dissenting opinion, however, Justice Kagan, writing for all four justices who reached the question, agreed with the Second Circuit that “an unaccepted offer of judgment cannot moot a case.” Id. at 1533 (Kagan, J., dissenting); accord Brief for the United States as Amicus Curiae Supporting Affirmance, Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013) (No. 11-1059), 2012 WL 4960359, at *10–15.
"We made clear earlier this Term that '[a]s long as the parties have a concrete interest, however small, in the outcome of the litigation, the case is not moot.' Chafin v. Chafin, 133 S. Ct. 1017, 1023 (2012) (internal quotation marks omitted)."
"When a plaintiff rejects such an offer – however good the terms – her interest in the lawsuit remains just what it was before. And so too does the court’s ability to grant her relief. An unaccepted settlement offer – like any unaccepted contract offer – is a legal nullity, with no operative effect. As every first-year law student learns, the recipient’s rejection of an offer 'leaves the matter as if no offer had ever been made.' Minneapolis & St. Louis R. Co. v. Columbus Rolling Mill, 119 U.S. 149, 151 (1886). Nothing in Rule 68 alters that basic principle; to the contrary, that rule specifies that '[a]n unaccepted offer is considered withdrawn.' Fed. Rule Civ. Proc. 68(b). So assuming the case was live before – because the plaintiff had a stake and the court could grant relief – the litigation carries on, unmooted."
So a friendly suggestion to the Third Circuit: Rethink your mootness-by-unaccepted-offer theory. And a note to all other courts of appeals: Don’t try this at home.
Slip op., at 13. Concluding that Justice Kagan was correct in her explanation of how unaccepted Rule 68 offers work, the Court then held that the refusal to accept a Rule 68 offer did not moot the case.
It appears that it will take something more than a simple Rule 68 offer to impose mootness on plaintiffs' claims in the Ninth Circuit.

matches: v. v. v. v. v. v. v.


text:
While it appears that the petitioner removed his residence to France in the year 1924, it is undisputed that he was, and continued to be, a citizen of the United States. He continued to owe allegiance to the United States. By virtue of the obligations of citizenship, the United States retained its authority over him, and he was bound by its laws made applicable to him in a foreign country. Thus, although resident abroad, the petitioner remained subject to the taxing power of the United States. Cook v. Tait, 265 U.S. 47, 54 , 56 S., 44 S. Ct. 444. For disobedience to its laws through conduct abroad, he was subject to punishment in the courts of the United States. United States v. Bow- [284 U.S. 421, 437] man, 260 U.S. 94, 102 , 43 S. Ct. 39. With respect to such an exercise of authority, there is no question of international law,2 but solely of the purport of the municipal law which establishes the duties of the citizen in relation to his own government. 3 While the legislation of the Congress, unless the contrary intent appears, is construed to apply only within the territorial jurisdiction of the United States, the question of its application, so far as citizens of the United States in foreign countries are concerned, is one of construction, not of legislative power. American Banana Co. v. United Fruit Co., 213 U.S. 347, 357 , 29 S. Ct. 511, 16 Ann. Cas. 1047; United States v. Bowman, supra; Robertson v. Labor Board, 268 U.S. 619, 622 , 45 S. Ct. 621. Nor can it be doubted that the United States possesses the power inherent in sovereignty to require the return to this country of a citizen, resident elsewhere, whenever the public interest requires it, and to penalize him in case of refusal. Compare Bartue and the Duchess of Suffolk’s Case, 2 Dyer’s Rep. 176b, 73 Eng. Rep. 388; Knowles v. Luce, Moore 109, 72 Eng. Rep. 473.4 What in England was the prerogative of the sov- [284 U.S. 421, 438] ereign in this respect pertains under our constitutional system to the national authority which may be exercised by the Congress by virtue of the legislative power to prescribe the duties of the citizens of the United States. It is also beyond controversy that one of the duties which the citizen owes to his government is to support the administration of justice by attending its courts and giving his testimony whenever he is properly summoned. Blair v. United States, 250 U.S. 273, 281 , 39 S. St. Ct. 468. And the Congress may provide for the performance of this duty and prescribe penalties for disobedience.
Dual Citizenship: What is the “effect” of a U.S. citizen also holding the citizenship of another nation?
I am assuming that he became both a U.S. and U.K. citizen by birth. I also assume that he remains both a U.S. and a U.K. citizen.
A U.S. Centric Perspective: As a U.S. citizen, Mr. Johnson is defined primarily in terms of taxation. On the occasion of Mr. Johnson’s recent appointment as the U.K. Foreign Minister, the Washington Times published the following article.
Britain's new foreign minister avoided paying his U.S. taxes for years https://t.co/T34cgebJVG – But, he has never lived in the USA!
A non-U.S. Centric Perspective: Mr. Johnson is a “poster boy” for the problems of the U.S. “place of birth taxation” (AKA “taxation-based citizenship”). Mr. Johnson’s “IRS Problems” resulted in raising the profile and awareness of U.S. tax policies. A particularly interesting article written by Jackie Bugnion and Roland Crim of “American Citizens Abroad”.
At a minimum, Mr. Johnson is subject to IRS jurisdiction, IRS reporting requirements, IRS threats and penalties and IRS assessments.
How does his United States citizenship impact on this situation? Is it possible for him to be both a U.S. citizen and the British foreign minister? The “logical answer” is “Yes he can”. That said, having a U.S. citizen as the U.K. foreign minister raises many questions.
1. What effect (if any) does Mr. Johnson’s acceptance of this position have on his retention of United States citizenship as a matter of U.S. law?
2. If his acceptance of the position were a “relinquishing act” (under U.S. law) would Mr. Johnson be subject to the United States S. 877A Exit Tax?
3. Assuming that Mr. Johnson were to retain “dual” U.S./U.K. citizenship, how would his “divided loyalties” impact on this ability to serve as the British foreign minister?
4. Assuming that Mr. Johnson were to retain “dual” U.S./U.K. citizenship, how does the fact that the IRS has the jurisdiction to threaten him with fines and penalties impact the situation? What about the reporting requirements?
5. Should Boris Johnson formally relinquish his U.S. citizenship in order to avoid the conflict of interest that would arise because of divided loyalties?
Normally the State Department works with an “administrative presumption” that a U.S. citizen who commits an expatriating act does so with the intention of retaining U.S. citizenship. In other words, although the United States does not like “dual citizenship”, it accepts that dual citizenship exists.
The “administrative presumption” that one intends to retain U.S. citizenship does NOT apply when a U.S. citizen accepts a “policy level” position in a foreign government. As “Foreign Minister” Mr. Johnson has accepted a “policy level” position.
Therefore, the State Department would be required to explore whether Mr. Johnson accepted the role of British foreign minister with the intent to relinquish U.S. citizenship. If Mr. Johnson agreed that he intended to relinquish U.S. citizenship by becoming the British foreign minister, it is likely that the State Department would determine that he had relinquished.
2. If his acceptance of the position of “foreign minister” were a “relinquishing act” (under U.S. law) would Mr. Johnson be subject to the United States S. 877A Exit Tax?
Whether by “accident” or whether by “design”, it’s application is particularly punitive in relation to Americans abroad. To put it simply: The S. 877A Exit Tax operates to virtually confiscate the non-U.S. pensions and the non-U.S. assets of Americans abroad. The Exit Tax is designed to create disincentives to relinquish U.S. citizenship. Of course, by remaining a U.S. citizen, Mr. Johnson as Britain’s foreign minister, would remains subject to U.S. jurisdiction.
Remember our assumption that Mr. Johnson was born BOTH a U.S. and U.K, citizen. This fact (along with additional circumstances found in the statute including U.S. tax compliance) allows him to relinquish U.S. citizenship and avoid the S. 877A “Exit Tax”.
Since British foreign policy will necessarily diverge from U.S. foreign policy, Mr. Johnson simply cannot have allegiance to both nations and be the foreign minister of one nation.
This is clearly an intolerable situation.
Congress is saying that: When it comes to the reporting requirements, and U.S. citizens living outside the United States, the laws of the United States take precedence over the laws of the country where the person resides. This is true even when the individual is a citizen of that other nation and has never lived in the United States!
“Why Boris Johnson must relinquish US citizenship on the occasion of his appointment as British Foreign Minister”.
His relinquishment may be accomplished in one of two ways.
2. He can formally renounce U.S. citizenship.
Since he is now the British foreign minister, it is incumbent on him to inform the people of the U.K. how he is resolving the question of his U.S. citizenship. He simply cannot allow the United States to continue jurisdiction over him!
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U.S. v. Nippon Electrode Company, Ltd.
The United States of America and Nippon Electrode Company, Ltd., (hereinafter "NDK"), a corporation organized and existing under the laws of Japan, hereby enter into the following Plea Agreement pursuant to Rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure ("Fed. R. Crim. P.").
to appeal the imposition of sentence against it.
2. NDK waives the rights set out in Paragraph 1(b)-(i) above, waives all jurisdictional defenses to the prosecution of this case, waives all objections to venue, and agrees voluntarily to consent to the jurisdiction of the United States to prosecute this case against it in the United States District Court for the Eastern District of Pennsylvania. Pursuant to Rule 7(b), Fed. R. Crim. P., NDK will waive indictment and plead guilty pursuant to Fed. R. Crim. P. 11(e)(1)(C) to a one-count Information, to be filed in the United States District Court for the Eastern District of Pennsylvania. The Information will charge NDK with participating in a conspiracy to suppress and eliminate competition by fixing the price of carbon cathode block sold in the United States and elsewhere beginning at least as early as February 1996, and continuing until at least December 1997, in violation of the Sherman Antitrust Act, 15 U.S.C. § 1.
3. Pursuant to the terms of this Plea Agreement, NDK will plead guilty at arraignment to the criminal charge described in Paragraph 2 above, and will make a factual admission of guilt to the Court in accordance with Rule 11, Fed. R. Crim. P., as set forth in Paragraph 4 below.
4. Had this case gone to trial, the United States would have presented evidence to prove the following facts.
For the purposes of this Plea Agreement, the "relevant period" is that period beginning at least as early as February 1996 and continuing until at least December 1997. Throughout the relevant period, NDK was a corporation organized and existing under the laws of Japan, with its principal place of business in Tokyo, Japan. During the relevant period, NDK manufactured and sold carbon cathode block. Carbon cathode block is a carbon product with great strength and resistence to heat and chemical reaction. Because of its superior conductivity properties, it is commonly used in aluminum smelters or pots in the production of primary aluminum in the United States and elsewhere. During the relevant period, NDK was engaged in the sale of carbon cathode block in the United States and elsewhere.
During the relevant period, NDK, through several of its officers and employees, participated in a conspiracy among the major producers of carbon cathode block, the primary purpose of which was to fix the price of carbon cathode block sold in the United States and elsewhere. In furtherance of the conspiracy, NDK, through several of its officers and employees, engaged in conversations and attended meetings with representatives of the other major producers and sellers of carbon cathode block. During such meetings and conversations, agreements were reached as to the prices the firms would charge for carbon cathode block sold in the United States and elsewhere.
During the relevant period, carbon cathode block sold by one or more of the conspirator firms, as well as payments therefor, traveled in interstate and foreign commerce. The business activities of NDK and the co-conspirators in connection with the production and sale of carbon cathode block affected by this conspiracy were within the flow of, and substantially affected, interstate and foreign trade and commerce.
During the relevant period, acts in furtherance of this conspiracy were carried out within the United States.
twice the gross pecuniary loss caused to the victims of the crime (18 U.S.C. § 3571(d)).
pursuant to 18 U.S.C. § 3561(c)(1), the Court may impose a term of probation of at least one year, but not more than five years.
7. Sentencing for the offense to be charged will be conducted pursuant to the U.S.S.G. manual in effect on the day of sentencing. Pursuant to U.S.S.G. § 1B1.8, self-incriminating information provided to the United States pursuant to this Plea Agreement will not be used to increase the volume of affected commerce attributable to NDK or in determining the applicable Guidelines range, except to the extent provided for in U.S.S.G. § 1B1.8(b).
The Court retains complete discretion to accept or reject this Plea Agreement. If the Court rejects this Plea Agreement, it is further agreed that this agreement shall automatically convert to a plea agreement pursuant to Rule 11(e)(1)(B), Fed. R. Crim. P., and the aforementioned sentence shall be the joint recommendation of the parties, although not binding on the Court. If the Court does not accept the parties' joint recommendation pursuant to Rule 11(e)(1)(B), Fed. R. Crim. P., NDK shall have no right to withdraw its plea. Finally, it is also agreed that the parties will not seek either an upward or a downward departure under the Sentencing Guidelines.
9. Subject to the full and continuing cooperation of NDK described in Paragraph 12 of this Plea Agreement, and prior to sentencing in the case, the United States will fully advise the Court of the fact, manner, and extent of NDK's ongoing cooperation and its commitment to prospective cooperation with the United States' investigations and prosecutions. The United States may comment on the evidence and circumstances of the case, bring to the Court's attention all facts relevant to sentencing, address the Court regarding the nature and seriousness of the offense, respond to questions raised by the Court, correct inaccuracies in the presentence report or sentencing record and rebut any statement made by or on behalf of NDK at sentencing.
10. The United States and NDK jointly submit that this Plea Agreement, together with the record that will be created by the United States and NDK at sentencing, and the further disclosure described in Paragraph 9 of this Plea Agreement, provides sufficient information concerning NDK, the offense charged and NDK's role in the offense to enable the meaningful exercise of sentencing authority by the Court under 18 U.S.C. § 3553. The United States and NDK will jointly request that the Court accept NDK's guilty plea and immediately impose sentence on NDK on the day of arraignment, pursuant to the provisions of Rule 32(b)(1), Fed. R. Crim. P., and U.S.S.G. § 6A1.1. The Court's denial of the request to impose sentence immediately based on the record provided by NDK and the United States will not void this Plea Agreement.
11. In light of the probability of civil causes of action, which potentially provide for a recovery of a multiple of actual damages, the United States agrees that it will not seek a restitution order with respect to the offense charged in the Information.
using their best efforts to secure the ongoing, full and truthful cooperation, as defined in Paragraph 13 of this Plea Agreement, of all current and former directors, officers and employees of NDK, its parents and its subsidiaries (excluding Shogo Ando and Hiroshi Suetake) upon reasonable notice and request by the United States, including making such persons available in the United States and at other mutually agreed-upon locations, at NDK's expense, for interviews and testimony in grand jury, trial and other judicial proceedings in connection with any Federal Proceeding.
when called upon to do so by the United States, testifying in trial and grand jury or other proceedings in the United States, fully, truthfully and under oath, subject to the penalties of perjury (18 U.S.C. § 1621), making false statements or declarations in grand jury or court proceedings (18 U.S.C. § 1623), obstruction of justice (18 U.S.C. § 1503) and contempt (18 U.S.C. §§ 401-402), in connection with any such Federal Proceeding.
14. Upon acceptance of the guilty plea called for by this Plea Agreement, imposition of the agreed-upon sentence, and subject to the cooperation requirements of Paragraph 12 of this Plea Agreement, the United States agrees that it will not bring further criminal charges against NDK, its parents or its subsidiaries for any act or offense committed prior to the date of this Plea Agreement that was undertaken in furtherance of or in connection with any attempted or completed antitrust conspiracy involving the manufacture and sale of carbon cathode block or in connection with any investigation thereof ("Relevant Offense"). The non-prosecution terms of this Paragraph do not apply to civil matters of any kind, to any violation of the federal tax or securities laws or to any crime of violence.
15. With respect to individuals, the United States agrees to the following.
Subject to the exceptions noted in Paragraphs 15(d) and 20, the United States will not bring criminal charges against any current or former director, officer or employee of NDK, its parents or its subsidiaries (other than Shogo Ando and Hiroshi Suetake) for any Relevant Offense committed prior to the date of this Plea Agreement and while such person was employed by NDK, its parents or its subsidiaries.
Should the United States determine that any current or former director, officer or employee of NDK, its parents or its subsidiaries may have information relevant to any Federal Proceeding, the United States may request such person's cooperation pursuant to the terms of this Plea Agreement by written request delivered to counsel for the individual (with a copy to the undersigned counsel for NDK) or, if the individual is not known by the United States to be represented, to the undersigned counsel for NDK.
Except as provided in Paragraphs 15(d) and 21, information provided to the United States pursuant to the terms of this Plea Agreement pertaining to any RelevantOffense committed prior to the date of this Plea Agreement, and while the person providing the information was employed by and acting as an employee of NDK, its parents or its subsidiaries, or any information directly or indirectly derived from such information, may not be used against such person, NDK, its parents or its subsidiaries or any current or former director, officer or employee of any such entity (except Messrs. Ando and Suetake) in a criminal case, except a prosecution for perjury (18 U.S.C. § 1621), making false statements or declarations (18 U.S.C. § 1001), making a false statement or declaration in grand jury or court proceedings (18 U.S.C. § 1623), obstruction of justice (18 U.S.C. § 1503) or contempt (18 U.S.C. §§ 401-402) committed subsequent to the date of this Plea Agreement.
In the event that any person requested to provide cooperation pursuant to Paragraph 15(b) fails to comply fully with such person's obligations under Paragraph 13 of this Plea Agreement, then all the terms of this Plea Agreement as they pertain to such person, including Paragraph 15(c), shall be rendered null and void, and the agreement not to prosecute such person granted in this Plea Agreement shall be void.
The non-prosecution terms of this Paragraph do not apply to civil matters of any kind, to any violation of the federal tax or securities laws or to any crime of violence.
16. The United States agrees that when any person travels to the United States for interviews, court appearances or grand jury appearances, pursuant to this Plea Agreement, or meetings with counsel in preparation thereof, the United States will take no action, based upon any offense subject to this Plea Agreement, to subject such person to arrest, service of process or prevention from departing the United States. This Paragraph does not apply to an individual's commission of perjury (18 U.S.C. § 1621), making false statements or declarations (18 U.S.C. § 1001), making a false statement or declaration in grand jury or court proceedings (18 U.S.C. § 1623), obstruction of justice (18 U.S.C. § 1503) or contempt (18 U.S.C. §§ 401-402) in connection with any testimony provided in trial, grand jury or other judicial proceedings in the United States.
17. NDK understands that it may be subject to administrative action by federal or state agencies other than the United States Department of Justice, Antitrust Division, based upon any conviction resulting from this Plea Agreement, and that this Plea Agreement in no way controls whatever action, if any, such other agencies may take. However, the United States Department of Justice, Antitrust Division, agrees that, if requested, it will advise the appropriate officials of any government agency considering administrative action against NDK, its parents or its subsidiaries, based upon any conviction resulting from this Plea Agreement, of the fact, manner and extent of the cooperation of NDK, its parents and its subsidiaries, as described herein, as a matter for such agency to consider before determining what administrative action, if any, to take with regard to NDK, its parents or its subsidiaries.
18. NDK has been represented by counsel and is fully satisfied that its attorneys have provided competent legal representation. NDK has thoroughly reviewed this Plea Agreement and acknowledges that counsel has advised it of the nature of the charges, any possible defenses to the charges, and the nature and range of possible sentences.
19. NDK's decision to enter into this Plea Agreement and NDK's decision to tender a plea of guilty are freely and voluntarily made and are not the result of force, threats, assurances, promises or representations other than the representations contained in this Plea Agreement. There have been no promises or representations to NDK as to whether the Court will accept or reject this Plea Agreement.
20. NDK agrees that, should the United States determine in good faith, during the period any Federal Proceeding is pending, that NDK has failed to provide full cooperation (as described in Paragraph 12 of this Plea Agreement) or has otherwise failed to comply with any of the provisions of this Plea Agreement, the United States may notify counsel for NDK in writing by personal or overnight delivery or facsimile transmission of its intention to void any of its obligations under this Plea Agreement (except its obligations under this Paragraph), and NDK, its parents and its subsidiaries, as well as their current and former directors, officers and employees, shall be subject to prosecution for the substantive offense which is the subject of the investigation of carbon cathode block resulting in this Plea Agreement.
21. NDK understands and agrees that in any further prosecution of NDK, its parents and its subsidiaries, as well as their current and former directors, officers and employees resulting from the release of the United States from its obligations under this Plea Agreement because of NDK's violation of this Plea Agreement, any documents, statements, information, testimony or evidence provided pursuant to Paragraphs 12 and 13 of this Plea Agreement, and any leads derived therefrom, may be used against NDK, its parents and its subsidiaries, as well as their current and former directors, officers and employees, in any such further prosecution. Statements made by an individual who has complied fully with his obligations under Paragraph 13, however, may not be used directly against that individual. NDK hereby unconditionally waives its right, in any such further prosecution, to move to exclude such evidence, notwithstanding the protections of Rule 11(e)(6), Fed. R. Crim. P., or any other such law. Should this Plea Agreement become void, NDK agrees that it will waive any defense to any charges which it might otherwise have under any statute of limitations or the Speedy Trial Act from the date of the execution of this Plea Agreement.
22. This Plea Agreement constitutes the entire agreement between the United States and NDK concerning the disposition of the criminal charge in this case. This Plea Agreement cannot be modified except in writing signed by the United States and NDK.
23. The undersigned representative of NDK is authorized to enter this Plea Agreement on behalf of NDK as evidenced by the Resolution of the Board of Directors of NDK attached hereto and incorporated herein by reference.
24. A facsimile signature shall be deemed an original signature for the purpose of executing this Plea Agreement. Multiple signature pages are authorized for the purpose of executing this Plea Agreement.
25. The undersigned attorneys for the United States have been authorized by the Attorney General of the United States to enter this Plea Agreement on behalf of the United States.


text:
Summary: In this work, in the Hilbert space of vector-functions on a finite interval all normal extensions of the minimal operator generated by the differential-operator expression of second order are described in terms of abstract boundary conditions. Furthermore, the discreteness of a spectrum of these extensions is studied.
Summary: It is proved that in arbitrary simple topological graph K3,3 there exists a noncrossing Hamiltonian path if the number of all crossings in the graph is not equal to 9 and there always exists a noncrossing spanning tree.
Voroshilov A. A., Kibas A. A.
Summary: The Cauchy-type problem for the linear differential equation with the Riemann--Liouville partial fractional derivative of positive order with respect to time is investigated. The equation under consideration generalizes the heat equation and the wave equation. Using direct and inverse Laplace and Fourier transforms, a closed solution of the above problem is found in terms of a sum of the convolutions of the special Wright functions and of the given functions from the initial conditions.
Summary: Properties of the solutions of nonlinear parametrical optimal control problems with minimal energy in the neighborhood of a regular point are investigated. It is proved that in this case changing the initial condition does not change the structure, and determining elements are determined by solving a system of nonlinear equations.
Summary: A problem of a priori estimation of posteriori distributions for control systems with disturbances (a pre-posteriori analysis problem) that is a new theoretical element in the area of output control under uncertainty conditions is studied. A notion of a positional solution of the problem under consideration is introduced. An approach for solving the problem of the pre-posteriori analysis and the algorithm for constructing realizations of its positional solutions in real time are developed.
Summary: The interpolation formula of special kind for functions of matrix variable is constructed, when the knots are scalar matrixes. The class of matrix multinomials, for which this formula is invariant, is indicated. Representation and estimation interpolation are obtained.
Summary: The Jordan block structure of images of root elements in irreducible p-restricted representations of algebraic groups of type A2 in characteristic p is described. As a rule, almost all a priori possible dimensions of Jordan blocks occur; all exceptions are indicated explicitly. This description enables one to solve the same problem for a wide class of representations of simple algebraic groups.
Summary: A new implicit method for solution of the operator equations in the Hilbert space is proposed. Convergence of a method is proved in the case of an apriori choice of a number of iterations, error estimations are obtained. The case of nonuniquencss of the solution of the equation is investigated. For the proposed method the opportunity of the application of the residual stop rule and the rule of neighboring approximations is proved.
Summary: The classical geometrically nonlinear model of an ordinary elastic medium is generalized to the elastoplastic one. The state equation is taken in the form of the generalized Mumagan law. The criterial deviator is defined, the hyperelastic medium in the active process becomes hyper-plastic. This condition is introduced using the objective O-derivative. The spin of the rotation tensor that accompanies the elastic deformation in the active process is obtained. The deviator section of the finite surface is found. A new method for considering the Baushinger effect is obtained. Determining velocity equations for tensors, scalar functions and theory parameters are postulated. Elastic deformation distortion tensors are determined. Plastic deformations and rotations (turns) are found from the Krener-Lee expansion. The dual description of the process in terms of actual and unloading configurations is obtained that eliminates the rotation (turn) effect. Strengthening parameters of the R. Shmidt type are introduced. Both aspects of the strengthening phenomenon are described. The Savar effect is described.
Makarenko L. F., Korshunov F. P., Lastovski S. B., Gurinovich V. A., Zamjatin N. I.
Summary: A method to determine the occupation function and ionization enthalpy for defects in semiconductors from the data of DLTS-mcasurements is proposed. The range of charge carrier concentration over which it is possible to observe the temperature dependence of DLTS-peak amplitude Smax(T) for metastable defects is calculated. Experimental test of the proposed method is carried out for divacancies in silicon crystals with the resistivity of 4 kW cm and 2 kW cm. It is assumed that the proposed method can be used for identification of defects with negative correlation energy.
Summary: In order to describe single-electron states in a semiconductor quantum dot, the new model is proposed which is based on using a generalized quadratic in momenta kinetic energy induced by introduction of a two-dimensional space hyperbolic metric. The exact wavefunctions are obtained. The corresponding energy spectrum contains a finite number of terms.
Dostanko A. P., Kaidau A. L., Vasflevich V. P., Stepanenko V. N., Khitko V. I., Vinogradov L. M., Akulich A. V., Vasilevich A. V., Hlushko E. V.
Kisselev P. A., Schwartz D., Kisseleva S. N., Bovdey N. A., Roots I.
Summary: Oxidation of 17b-estradiol (E2) and estrone (E1) was studied in the enzymatic system consisting of human recombinant cytochrome P-4501 A1 and cumene hydroperoxide. As reaction products only procancerogenic 2-OH- and 4-OH- metabolites of both E1 and E2 were formed. The functional role of this reaction was discussed.
Mikheyeva T. M., Genkal S. I.
Summary: The Naroch lakes (Naroch, Myastro, Batorino) have passed different periods of evolution of their trophic state: 1) the period with insignificant antropogenic load, 2) the period of antropogenic eutrophication and 3) the period of deeutrophication that was accompanied by structural changes and unstable state of phytoplankton communities. The invasion of some new and disappearence of aboriginal species of centric diatom algae was discovered in the lakes. In the period of deeutrophication the invasion of Cyclotella comensis Grun. that was mentioned for the Belarus territory only as a fossil representative was revealed in three lakes. The data on seasonal dynamics and interyear abundance fluctuations of this species during 12 years period (1992--2003) are presented. In the Naroch lake the new for sciense species Cyclotella narochanica (Genkal et Mikheeva sp. nov.) and in the Naroch and Myastro lakes the new for algae flora of Belarus species Stephanodiscus heterostylus (Hakansson et Meyer) were discovered.
Titok M. A., Prokulevich V. A., Janniere L.
Summary: Replication of a low copy number, Bacillus sublilis plasmid, pBS72 requires two elements, the initiator protein RepA and the iteron-containing origin. It also requires host-encoded primosomal proteins DnaB, DnaC, DnaD, DnaG and Dnal, DNA polymerases DnaE and PolC, polymerases DnaN and DnaX, but not the two primosomal initiators DnaA and PriaA or helicasc PcrA and DNA polymerase I. From this, it is inferred that the plasmid replication function is of theta type and is carried out by a replication fork indistinguishable from that of the chromosome. Initiation of plasmid replication likely involves the hostencoded minor DnaD pathway of primosome loading since it is independent of DnaA and PriA that activate the two major primosomal systems. The RepA protein is proposed to strongly stimulate this pathway for acting at the plasmid origin. Stability studies strongly suggest that the partition of low copy number Gram-positive plasmids can be ensured by replication functions. Replication proteins DnaB and Dnal were identified as key elements in this process. By analogy, it is proposed that replication factors are pivotal components of the chromosome partition apparatus in Bacillus subtilis.
Koroleva N. Yu., Gordei I. A., Peneva T. I.
Summary: A new type of rye-wheat amphidiploids secalotriticum rye Novosibirskaij x Triticale L246 (S246) and its parent forms (rye Novosibirskaij and triticale L246) is investigated by the method of proteins markers. It is shown by the comparative analysis of expression of the proteins complex in secalotiticum with its parent forms that in a considered sample of secalotriticum the expression of rye genome IRS chromosomes is legible. Secalotriticum S246 can be used in the selection of rye-wheat amphidiploids with the well defined expression of rye genome.
Demidchik Y. E., Demidchik E. P., Gedrevich Z. E., Reiners C., Kondratovich V. A., Biko J., Saenko V. A., Mine M., Yamashita S., Mankouskaya S. V.
Summary: The study was aimed with evaluating the results of surgical treatment and follow-up in a large group of operated thyroid cancer patients under 15 years old to identify risk factors for recurrences. The group included 737 pediatric patients with papillary and follicular carcinomas. The mean follow-up period was 96.6 months (1.5--220.2 months range). Recurrences were detected in 200 (27.1%) cases, including 73 (9.9%) local relapses, 89 (12.1%) distant failures, and a combination of local and distant failures in 38 (5.1%) patients. The multivariate logistic regression revealed the following independent parameters significantly associated with the risk of lymph nodes involvement: young age at diagnosis, multifocal carcinomas, N1 status and non-fulfilled ipsilateral or bilateral neck dissection. For lung metastases, the significant risk factors were females, infants at diagnosis and the presence of symptoms.
Summary: Cornices described in Famennian salt massifs of the Pripyat Trough include both the injection ones and those enveloped by overlying deposits.
Makhnach A. A., Peryt T. M., Halas S.
Summary: On the basis of the investigation of the sulphur and oxygen composition of sulphate minerals from the Middle and Late Devonian deposits of Belarus and the Ukraine, the most probable d34S and d18O values of marine sulphate in the Eifelian, Frasnian and Famennian are determined.
Timoshpolsky V. I., Pavlyukevich N. V., Mikhalev S. B., German M. L.
Summary: On the basis of the comparison of the results of solution of the nonlinear problem on steel blank heating in annular furnaces by the numerical method and the method of equivalent sources in a one-dimensional approximation, a possibility has been shown to use the latter for fast estimation of the heating time of a blank to the temperature of the heating medium.
Antonjuk W. E., Berestnev O. W.
Summary: The basic requirements to a choice of the process of dynamic stabilization are formulated. The basic settlement formulas on purpose of a mode of dynamic stabilization are given. The results of research of dynamic stabilization are obtained.
Kovalevskii A. A., Dolbik A. V., Lazarouk S. K., Labunov V. A.
Summary: Calculstions of thermodynamic parameters, mainly, the izobaric-isothermal potential (Gibbs energy) for possible reactions at the porous silicon formation have been made in order to predict the product accumulation in a porous space. The most probable reactions are the hydrogen formation and the silicon hydride formation.
Summary: The problem of the enterprise choice is solved for competitiveness management model construction. The choice's criterion is represented by the concrete enterprise competitiveness factor deviation from the average one for all analyzed enterprises.
Summary: The problem of the creative activity is investigated from the positions of the civil law in jurisprudence. In the labour law the creative activity is considered basically as the feature of cerebration of the employees. In the article it is proposed to investigate the creative activity in two aspects: as a kind of activity and as a feature of man's cerebration. The author made the conclusion that the professional creative activity of employees is a kind of the labour activity and its result is a creation of new material and spiritual values. The author also investigated the features of material and spiritual values created by employees, the differences between the results of the creative activity and results of the brainwork which are not creative.
Summary: The transition of the society to new social-economic managing conditions directly affects the system of higher education. Among the factors directly influencing the progress of the society, of special importance is the preparation of the highly skilled experts for all spheres of activity. The scientific staff of maximum qualification determines the development of economy and culture, the principles of functioning of the state and society. All spheres of the human activity are based on the modern science-consuming processes, and filling a national product, and also an index of the development of the human potential depends on their active realization. The education becomes a strategic field that provides the national security. The competitiveness of the country is judged through the level of the education preparation of the rising generation.
Summary: In the article the concept of the problem of food safety is given, its theoretical-methodological essence is defined. The definition of the categories of food safety and food independence is made, demonstrating their different nature and trend. The necessity of creating the special program of the basic researches "Food safety" is justified, in the context of which the purpose and tasks of the offered program are defined.

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