Since gaining independence, the Democratic Republic of Congo has experienced many problems; among other things the legal problem and particularly the 50 years spent in civil wars have made it a vast site of juvenile delinquency. Many laws have been passed and promulgated, but they seem to be insufficient to stem all the problems linked to delinquent children or to children victims of delinquency and deviance. It should be noted that since the entry into force of the law n ° 09/001 of January 10, 2009 on the protection of the child and the installation of the juvenile court, the legal conditions of children in conflict with the law seem to be to improve, now delinquent children are no longer tried in the same court as adults. However, in the juvenile court the appeals chamber has not yet been set up due to the lack of judges. This is how a decision rendered in the First Chamber cannot be reformed by the review procedure, which is the sole responsibility of the judge who issued a first decision to review it. The consequences of the double degree of jurisdiction before the tribunal of children are by filing an appeal on the same jurisdiction with the same judge there is not too much reliability in judgments contradiction.
The 1st and 2nd paragraph of Article 1 of the Uniform Act on General Trade Law states that Any trader, including any commercial corporation in which a state or other person of public law is associated, as well as any economic interest group, whose establishment or head office is located on the territory of one of the States Parties to the Treaty on the Harmonization of Business Law in Africa, as «States Parties», is subject to the provisions of this Uniform Act.OHADA law of developing common, simple, modern rules adapted to the reality of OHADA member countries. The one-stop shop for business creation is the mechanism for creating a business established in accordance with OHADA law. This mechanism is not yet being applied by the TGI/KINDU itself-if the Congolese legislator has already foreseen it.The registration of the register of commerce and real estate credit is carried out at the TGI/Kindu. The latter does not exercise the jurisdiction afforded by the aforementioned law pending the installation of the single business start-up window in Kindu. However, the provisions of Article 17 which stipulate that the application for business creation is made by a single form filled out, signed and filed at the Single Box Office by the applicant, a natural or legal person, in this case a TGI/Kindu registry would be filed, which serves in the event that the one-stop shop for business creation is not yet effective.Commercial and cooperative companies that go to the registry for registration do not even file company deeds or statutes with the registry of the TGI / Kindu. Yet this is a legal requirement.
The constitution of February 18, 2006 organizes the territorial institutions of the DRC by distinguishing between political regions, decentralized entities and deconcentrated entities. The unitary form of the State is affirmed in the functioning of the institutions because all refer to the same and only Constitution which in its article 1 provides: the DRC is a State of law, independent, sovereign, united and indivisible, social, democratic and secular. The DRC is made up of the city of Kinshasa and 25 provinces with legal personality. As said above, the constitution of February 18, 2006 establishes the free administration of provinces and ETDs, their competences and the autonomous management of their resources. The Congolese experience is particularly rich in lessons in terms of management and territorial planning, it is characterized by two aspects; the multiplicity of changes sometimes due to certain contradictions between the different texts and the gap between the texts and the implementation of Decentralization. The main challenge for the central government is to succeed in implementing decentralization, the principles of free administration of provinces according to the vision of the current Constitution aimed at the development of a unitary and highly decentralized State, while ensuring the unity of the country and national cohesion. This is how we have some challenges, in particular the transfer of skills and resources according to a progressive approach with a view to deepening the constitutional provisions on the sharing of resources (human, technical and financial) and of powers between the different levels of communities, the financing of decentralization within the framework of a set of instruments combining local taxation, the retrocession system and the national equalization mechanism for investments aimed at ensuring egalitarian development between the provinces and ETDs. In terms of challenges we can cite in particular for the success of decentralization: the appropriation of decentralization by the actors and the population; the maintenance of peace and security; political will; the involvement of all; the existence of a common vision; national solidarity; progressiveness in the process; good local governance; the financing of decentralization; building the capacities of the various actors and representatives; the organization of provincial, urban, municipal and local elections.
The Sacred Principle of Equality between Men and Women deserves a very thorough analysis both on its content and on its application by states. In order to study the different sources of the principle of equality between men and women, it should be noted that they are of two kinds: some are international in nature while others are national. It is well known that international law on parity provides a framework for promoting and protecting women's human rights. Moreover, the obligation to protect women's rights has been taken into account by several multilateral treaties. But it was with the creation of the United Nations, whose charter proclaimed the promotion and encouragement of respect for fundamental rights and freedoms by all, regardless of race, language and religion. It is one of the main goals of the organization that was laid by the foundations of a comprehensive international legal system of the protection of women's rights that exists today and to which women as human beings are fully entitled. Women also have the right to the protection enshrined in legal instruments under international, criminal and humanitarian law and international labour law. In the absence of the political will of the states that have ratified it, no concrete changes can be seen to improve the situation of women for their participation in companies.
The principle of prevention in labor law is the administrative procedure by which the company takes its lead to defeat any disputes that may arise when applying the provisions of a working relationship between the employer and employee. That being so, we understand that the prevention of labor law is reserved, de jure, against the power of the employer because the latter has an administrative prerogative that tends to set the working arrangements to which the worker must comply, in this sense, the rules of procedure, decreed by the employer is the first generator of individual conflicts that should occur between the two parties. Social protection for employees is provided by both the state and the private supplementary insurance bodies. Every employee is a social work, that is to say that he is registered with the social security. Labor law guarantees respect for trade union rights and standards of safety at work and the protection of workers.