Criminal Protection for the Scientific Certificates in the UAE Law
A Comparative Analytical Study
DOI:
https://doi.org/10.35246/jols.v38i1.599Keywords:
Scientific Certificates, Unaccredited Certificates, Fictitious Certificates, Degree Mills, Certificate Equivalency Syte, Forged CertificatesAbstract
At present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on real life. Such universities award academic degrees with the highest grades in an exchange of sums of money. Of course, there are those who would pay money to obtain these scientific certificates without the slightest effort or fatigue.
The legislator in the United Arab Emirates was cautious to the danger of this phenomenon., Since the UAE is one of the most attractive places for work, it issued Decree-Law No. (9) of 2021 banning the use of scientific certificates issued by unlicensed entities.
This study aims to define this phenomenon and shed light on the provisions of the Decree-Law No. (9) of 2021 referred to above, to determine the extent of its adequacy to eliminate the illegal academic degrees.
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References
First: Books
i. Al-Sarraj, Abboud, 2007, "Explanation of the Penal Code - General Section." (Syrian Arab Republic: Damascus University Press)
ii. Al-Ani, Muhammad Shalal, 2010, “Provisions of the General Section in the Federal Penal Code.” (1st Edition, The Hashemite Kingdom of Jordan: Bright Horizons Publishers).
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i. Al-Suwaidi, Jamal Sanad (2019), “Forging academic certificates...a crime against the present and the future,” https://www.alittihad.ae/wejhatarticle/103492
ii. Al-Enezi, Musaed Saleh, and Al-Fadhli, Jamal Muhareb, 2019, “Commentary on Law No. 78 of 2019 regarding the prohibition of the use of non-equivalent academic degrees,” Journal of the Kuwaiti International College of Law, 7 (28), pp. 25-69.
Third: Law
i. The Federal Crimes and Penalties Law promulgated by Decree-Law No. /31/ of 2021.
ii. Federal Decree-Law No. /9/ of 2021 regarding the prohibition of the use of scientific certificates issued by unauthorized parties.
iii. Law No. 78 of 2019 regarding the prohibition of academic certificates other than Kuwaiti equivalence.
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i. Ezell, Allen, 2019, " Diploma Mills and Counterfeit Operation" College and University, Vol 94. N3, p39-42, 44-46.
ii. Ezell, Allen, 2019, "Academic Fraud and the World’s Largest Diploma Mill", College and University, Vol 94. N4, p39- 46.
iii. Gollin. George, Lawrence. Emily, and Contreras. Alan, 2010, Complexities in Legislative Suppression of Diploma Mills, vol 21 Stanford Law & Policy Review 1.
iv. Grolleou, Gille. Lakhal, Tarik. Mzoughi, Naoufel. 2008, "An introduction to the Economics of Fake Degrees". Journal of Economic Issues, Newfound Press, 42 (3), pp.673-693. halshs-00326238
v. Kanmodi KK. 2020, Diploma Mills Acta Med. Alanya;4(2):205-206. doi:10.30565/medalanya.732803
vi. Tse, Emily, 2016, " Degrees for sale: The Diploma Mills Problem Continues". International Education Research Foundation
https://www.ierf.org/wpcontent/uploads/2017/07/IERFDiplomaMillsArticle.pdf
Electronic sources:
i. National Conference of State, Diploma Mill Legislation, 2012
ii. Diploma Mills: A Legal Overview, 2006.
https://www.everycrsreport.com/reports/RL32144.html
Websites:
i. The Commission for Academic Accreditation in the United Arab Emirates: https://www.caa.ae/
ii. Ministry of Education in the United Arab Emirates: https://www.moe.gov.ae/
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