The word "lawyer" describes a person officially qualified to act on certain legal matters. Most countries have different groups of lawyers responsible for doing particular jobs. In Japan lawyers can choose a job of a judge, an attorney, a public prosecutor. In England there are barristers and solicitors. In Ukraine lawyers work in courts, public prosecutor's officers, the Bars, militia, banks, industrial enterprises, etc. Although there are various kinds of legal professions (judges, barristers, investigators, court clerks), the most important feature characterizes them, i.e. their aim is to protect a person and property.
Now I am a student of Donetsk Law Institute of Ukraine's Ministry of Internal Affairs. I want to be a good lawyer so I work hard at various job-related subjects -different branches of law, criminology, and criminalistics. Besides I study many humanitarian subjects such as philosophy, psychology, professional ethics, foreign languages, etc.
The profession of a lawyer is of great popularity nowadays as people want to live in a society with the civilized relations between a state and citizens. 1 have no the slightest idea of the place of my future work - either it will be a court, or a prosecutor's office. But I understand quite well the responsibility of lawyer's profession, its profound moral meaning and intellectual potential. A law-governed state needs highly qualified lawyers to put the legal reforms into effect.
EXERCISES.
Ex.1. , .
'Person 'public in'dustrial crimi'nology
'Legal militia pro'fession humani'tartan
'Group 'bank characterize popularity
I'dea civi'lized 'moral intel'lectual
Po'tential quali'fied re'form ef'fect
Ex.2. c
A NOUN A VERB AN ADJECTIVE
describe
public
An idea
To relate
legal
To characterize
A person
Ex.3. .
Legal matters
protect a person and property
choose a job
work hard
Job-related subjects
Branches of law
To live in a society
Relations between a state and citizens
Law-governed state
Ex.4. .
1. The word "lawyer" describes a person officially qualified.....
a) to punish a criminal, b) to act on certain legal matters, c) to make laws
2. Most countries have different groups of lawyers responsible for......
a) for controlling people, b) detecting crimes, c) doing particular jobs
3. A lawyer's aim is.........
a) to protect a person and property, b) to create laws, c) to govern the state
4. People want to live in a society with........
a) highly developed economy, b) the civilized relations between a state and citizens,
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) the great rate f criminality.
5. A law-governed state needs
a) honest officials, b) qualified lawyers, c) well educated students.
Ex. 5. .
1. Lawyer is a person officially qualified....... 2. Most countries have different groups of lawyers.......... 3. In Ukraine lawyers work......... 4. There are various kinds oflegal professions......... 5. The most important feature of a lawyer's profession is 6. I want to be a good lawyer so.......... 7. The profession of a lawyer is ofgreat popularity nowadays as.......... 8. A law-governed state needs highly qualified lawyers......... 9.1 study law............ 10. The student wants to be a good lawyer so ..
Ex.2. (*) .
1. The law-governed state needs the highly qualified judges, barristers, investigators etc. (). 2. The aim of a lawyer is to check the economic development of the state. (). 3. In Ukraine lawyers work in courts, public prosecutor's officers, the Bars, militia, banks, industrial enterprises, etc. (). 4. There are various kinds of legal professions - judges, barristers, investigators, court clerks, etc. (). 5. The law student works hard at various job-related subjects - different branches of linguistics, the history of a language, etc. (). 6. Law students study many humanitarian subjects such as psychology, professional ethic, foreign languages, etc. as in future they will work with people. (). 7. A lawyer's aim is to protect a person and property. (). 8. The profession of a lawyer is not very popular nowadays. (). 9. In Great Britain there are barristers and solicitors. (). 10. A law it an official practicing medicine (...).
Ex.7. .
1. What does the word "lawyer" mean? 2. What legal professions are there in Great Britain? 3. What profession can a lawyer in Japan choose? 4. Where do lawyers work in Ukraine? 5. What institute do you study? 6. What job-related subjects do the law students study? 7. Why do the law students study humanitarian subjects? 8. What is the aim of a lawyer? 9. What society do the people want to live? 10. Why does the law-governed state need the highly qualified lawyers?
.8. , .
TEXT B. Yaroslav the Wise National Law Academy of Ukraine.
Yaroslav the Wise national law academy of Ukraine is a higher legal education institution. Its history dates back to 1804, when due to the statute of Empreror Alexander I Kharkiv University was founded. In 1920 the faculty of law became an independent institute. In 1995 it was named after Yaroslav the Wise and got the status of National Law Academy with the highest accreditation level.
There are 31 departments in the Academy structure. The students study at 9 full-time faculties, 2 part-time faculties, an evening faculty and at the Prosecutors' Training Institute.
You may be given the admission to the Academy after completing full secondary education and passing the entrance examinations successfully. There are about 2000 full-time and 2000 part-time students each year. More than 15.000 students study here now.
The National Law Academy of Ukraine is the leading higher legal education provider of Ukraine, and is also the center of dissemination of scientific and research experience in the country. The academic staff members of the Academy participated in the development of the Constitution of Ukraine and the numerous important legal acts of the Verkhovna Rada and the Cabinet of Ministers.
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The law library of the Academy has about 1.500.000 volumes of reference books, law reports and manuals. It provides the students with access to computer terminals with different online services, including Ukrainian legislation database.
All the students are guaranteed employment after graduation. But in order to become a judge, defence lawyer or notary public they are to pass an individual procedure after graduating from the Academy.
EXERCISES
Ex.1. , . .
A'cademy 'history accredi'tation 'Cabinet
'Institute de'partment exami'nation 'notary
'Faculty 'structure consti'tution indi'vidual
Ex.2. .
date back
be founded
highest accreditation level
complete full secondary education
To pass the entrance examinations ,
guarantee employment
The academic staff members
To provide the access to
To graduate from
Fulltime and part-time students
Ex.3.
1. Kharkiv University was founded........
a) due to the decision of the government, b) due to the statute of Emperor Alexander I, c) due to the Orange revolution
2. You may be given the admission to the Academy after.......
a) completing the secondary education, b) completing the dissertation, c) completing the special training in law.
3. The academic staff members of the Academy participated in.......
a) the development of the Constitution of the Soviet Union, b) the development of the EU Constitution, c) the development of the UA Constitution.
4. All the students are guaranteed........
a) the membership in the Parliament, b) participation in the work of the state bodies, c) employment after graduation
5. The law library provides the students with.......
a) fast food, b) access to computer terminals, c) financial support.
.4. (*) .
I. Yaroslav the Wise national law academy of Ukraine is a higher legal education institution (...) 2. Its history dates back to 1734. (...). 3. Emperor Peter I initiated Kharkiv University foundation. (). 4. National Law Academy has the second accreditation level. (). 5. There are 3 departments in the Academy structure. (). 6. The students study at 9 full-time faculties, 2 part-time faculties, an evening faculty and at the Prosecutors' Training Institute. (). 7. The academic staff members of the Academy participated in the development of the Constitution of the USA and the numerous important legal acts of the US Congress. (). 8. The library of the Academy provides the students with access to computer terminals with different online services, including Ukrainian legislation database. (). 9. AH the students are not guaranteed employment after graduation. (). 10. In order to become a judge, defense lawyer or notary public they are to pass an individual procedure after graduating from the Academy. (). 11. The law library of the Academy has about 1.500.000 volumes of reference books, law reports and manuals.
Ex.5. .
1. What is Yaroslav the Wise National Law Academy of Ukraine? 2. Whom was the Academy founded? 3. What year did the Law Faculty of Kharkiv University become an independent institute? 4. What was Yaroslav the Wise? 5. What is the accreditation level of the Academy? 6. How many departments are there in the academy? 7. What is the procedure of the admission to the Academy? 8. How many students of different categories study here? 9. Are the students guaranteed employment? 10. What work does the academic staff participate?
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Ex.6.
TEXT . St Mary's School of Law.
St. Mary's School of Law is located in San Antonio, which is a gateway to Mexico. It provides students with a broad understanding of global issues and the role law plays in their peaceful resolution. In 1996, St. Mary's established a Master's Degree in International and Comparative Law. This program is designed for those who want specialised training in International and Comparative Law. The School provides tfct students going to represent business interests of their future clients in Latin America with a grounding in civil law and business law. There are special programs in other branches of law.
There are all necessary facilities to get one's knowledge in law: special lecture halls, a model courtroom in which moot-court competitions are held, spacious library etc. The Law School seeks to instill in its students a knowledge of, and loyalty to, principles that are the basis of any legal system. Knowledge of the law is essential to the education of a lawyer, but it is only a starting point The Law School seeks to impart to its students a clear understanding of the true function and aim of a legal system - the attainment of justice.
The practice of law is a profession committed to public service.
EXERCISES.
Ex.1. , . .
'Role 'program 'system inter'national
Reso'lution 'basis 'function com'parative
Ex.2. .
Be located
provide with
Peaceful resolution
get one's knowledge
To impart a clear understanding -
Attainments of justice ()
Ex.3.
1. St. Mary's University Law School provides students.......
a) with a broad undemanding of global issues and their legal resolution, b) with access to computer terminals, c) financial support.
2. In 1996, St Marys established
a) a Bachelor Degree in Criminal Law, b) a Master's Degree in International and Comparative Law, c) a Master's Degree in Business Law.
3. In St Mary's University Law School there are all necessary facilities to brush one's knowledge...
a) in the history of state, b) in law, c) in psychology.
4. Knowledge of the law is essential to the education of.......
a) a historian, b) a sociologist, c) a lawyer.
5. St. Mary's School of Law is located in.......
a) Los Angeles, b) San Antonio, c) Boston.
Ex.4. (*)
1. San Antonio where St. Mary's University is located is a gateway to Chili.(). St. Mary's University Law School provides students with a broad understanding of global issues and their peaceful resolution. (). 3. There are special programs in various branches of law. (). 4. Knowledge of the law is essential to the education of a lawyer. (). 5. There are no necessary facilities to get the knowledge in International and Comparative Law in St. Mary's University.
Ex. 5. .
1. Where is St. Mary's School of Law located? 2. What does it provide the students with? 3. What degrees did it establish in 1996? 4. What facilities are therefor getting the knowledge in law? 5. What is the aim of a legal system?
Ex.6.
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TEXT D. Donetsk Law Institute of MIA.
Donetsk Law Institute of MIA affiliated to Lugansk Law University of Ministry of Internal Affairs was founded in 1993. But its history dates back to 1960s when the special secondary school of militia was set up in Donbass region.
Now Donetsk Law Institute of MIA is one of the well-known higher education establishments in Ukraine. There are four faculties in the Institute Faculty N1 "Criminal Militia" with three specializations (on economic security, on operative and detective work, on operative and detective work in the sphere of informational technologies). Faculty N2 "Militia of Public Security and Order'', Faculty N3 "The Expertise and Criminalistics",Faculty N4 "The Control and the Security of Road Traffic", Faculty N5 which proposes the postal tuition on two specialities - "Law Enforcement Activity" and "The Science of Law" There is a special unit in the institute requiring payment for tuition.
The cadets and the students have two terms academic process, pass exam session at the end of each term, and spend much time in the library preparing for lectures, seminars and practical classes. They have opportunities to practice their physical skills in the gym and the stadium as well as to practice the skills in shooting and driving.
Those who are interested in research work participate in the work of cadets' scientific groups. These groups organize scientific conferences; deliver the seminars on the actual problems of jurisprudence, etc. The most active members of the scientific groups may continue their research work after the Institute at the postgraduate courses.
There are about two thousand full-time students and cadets and more than one thousand correspondence students at the institute. The professors, lecturers and teachers do their best to train highly qualified specialists for various bodies of militia and justice.
:
1. What is the official name of the Institute you study at? 2. When was it founded? 3. What years does the history of the Institute date back? 3. How many faculties are there in the Institute? 4. What specialists does each faculty train for? 5. What categories of cadets and students study here? 6. What categories of classes are there in the academic process? 7. What opportunities do the students and the cadets have to practice their theoretical knowledge and practical skills? 8. How do the students and cadets participate in the research work? 9.How many students and cadets study here? 10. What specialists does the Institute train?
Topical vocabulary.
Academic .
Disseminate
Lecture
Represent
Accreditation
Education
Legal ,
Research
Act 1) , 2)
Employment
Manual
Resolution
Admission ,
Found
Mtter
Responsibility
Attainment
Full-time
Militia
Scientific
Attorney
Guarantee
Notary
Seminar
r
Graduate
Participate
Society
Solicitor
Barrister
High
Pass ,
Branch
Impart ,
Procedure
Specialize
Citizen
Include
Prosecutor
Statute
Civil
Civilised
Independent
Protect
Staff
Investigate
Provide with
Study
Court
Judge
Psychology
Subject ,
Complete
Justice
Qualify
rain
Criminology
Law
Reference Volume
Date back ,
Lawyer
Relation
UNI 2. UKRAINE AND ITS POLITICAL SYSTEM.
TEXT A. The Political System of Ukraine.
The political system of a society is 1) (as a complex of constitutional and legal institutes) a totality of norms, confirming the constitutional and legal status of a state as the definite political unit, as well as political parties, public and religious organizations and regulating the relations between the above mentioned bodies; 2) a totality of state and public organs and organizations by means of which the state power is exercised.
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According to the theory of powers' division there are three of them - legislative, executive and judicial.
On the 24 of August 1991 Ukraine became an independent state. Nowadays Ukraine is a democratic law-governed state. The Ukrainian political system has a popularly elected President, a 450-persons single-chamber national Parliament the Verkhovna Rada.
The President is the highest official of the Ukrainian state, vested with supreme executive authority. He exercises it through the Government, the Cabinet of Ministers and a system of central and local organs of state executive authorities. The President nominates the Prime Minister, who is to be approved by the Verkhovna Rada.
The Verkhovna Rada (Parliament) of Ukraine is the body responsible for exercising law-making activity. It is the sole legislative authority. Its 450 members are elected by means of direct and secret voting for a four-year term. They elect the Head of the Verkhovna Rada, the Speaker. The functions and powers of the Verkhovna Rada are defined in the Constitution. They are the following: to amend the articles of the Constitution; to declare the Referendum; to pass the laws; to adopt the state budget; to define the foreign and domestic policy; to adopt the directions of economic, political, social and cultural development of the state; to ratify the treaties and agreements with other states, etc.
The judicial power in Ukraine is performed by the system of various courts. Its function is constitutional, administrative, civil, criminal etc. judicature in the form of examining and deciding certain cases. The judicial system in Ukraine consists of the Constitutional court, the common and appeal courts. The Supreme Court of Ukraine and the Supreme Arbitral Court of Ukraine are to control the legality of the trial decisions in the society.
EXERCISES
Ex.1. , .
Po'litical 'president 'article 'local 'secret
Demo'cratic 'minister decla'ration 'cultural rati'fy
Re'ligious 'cabinet 'form 'central 'arbitral
'Popular ap'peal admini'stration 'civil e'conomic
'National 'budget 'criminal
Ex.2. .
A totality of norms
Constitutional and legal institutes
To confirm a status
To regulate relations
Law-governed society
Popularly elected
Executive authority
Legislative authority
Judicial authority
Be approved
Law-making activity
Direct and secret voting
To amend the Constitution
To adopt a budget
To pass a law
To ratify a treaty
Legality of trial decision
Ex.3.
1. Ukraine became an independent state.....
a) on the 26th of August, 1991, b) on the 24 of August 1992, ) on the 24th of August, 1992
2. The President is the highest official of the Ukrainian state, vested with........
) supreme legislative authority, b) supreme executive authority, c) supreme judicial authority
3. The Verchovna Rada of Ukraine is the body responsible for exercising..
a) law-making activity, b) penal functions, c) business administration.
4. The functions and powers of the Verkhovna Rada are defined
a) in the Constitution, b) in the law "On Verkhovna Rada", c) in the Criminal Code.
5. The judicial power in Ukraine is performed by
a) the system of various courts; b) the Government; c) by the Bars.
Ex.4 (*) .
1 The political system of a society is a totality of state and public organs and Kv means of which the state power is exercised. (). 2. On the 24 1 of ^niember 1991 Ukraine became an independent state. (). 3. Nowadays Ukraine is a constitutional monarchy governed by the king. () 4. The Verkhovna Rada is the sole executive authority (). 5. The functions and powers of the Verkhovna Rada are defined in the Constitution. ()
Ex. 5. .
I. What is the political system of a society? 2. When did Ukraine become an independent state? 3. What powers is the President vested with? 4. Whom is the President responsible to nominate? 5. What is the Verkhovna Rada responsible for? 6. How many members are there in the Verkhovna Rada? 7. Whom do they elect? 8. What does the judicial system consist of? 9. What are the functions of the courts in Ukraine? 10. What do the Supreme Court of Ukraine and the Supreme Arbitral Court of Ukraine have the right to control?
Ex. 6: .
TEXTS. CONSTITUTION
The word "Constitution" originates from Latin constitution which means "organization, arrangement". Constitution is a set of rules and practices that determine the composition and functions of the organs of central and local government in the state and regulate the relations between the individual and the state. Constitution is the highest legal form, which officially confirms values, institutions and norms of the constitutional system. Constitution is a sign of the statehood. Normally the Constitution is adopted by the Parliament.
There are two concepts of a Constitution - formal and legal. As for the legal one it is always the definite system of legal norms regulating certain social relations. As for the formal constitution it presents these relations in their actual functioning.
Due to the form the Constitutions are divided into codified, non-codified and mixed. The codified constitution is the written act dealing with all general matters of the constitutional character. If these matters are regulated by several written ads and statutes we are speaking about the non-codified constitution. The constitution the mixed type includes parliamentary laws, trial precedents, as well as customs sari doctrine interpretations, i.e. it is partially written.
As tor the way to amend the constitutions they are divided into adaptable and rigid The first ones may be amended by means of adopting the certain law. The second category requires the special procedure based on the qualified majority of MPs or in the particular case the Referendum for approving these amendments.
The constitutions may be divided into permanent and temporary due to the terms of their functioning.
EXERCISE
Ex.1. , . .
Compo'sition 'precedent refe'rendum
'Concept a'daptable 'permanent
Codi'fied 'complex 'base
Ex.2. .
Term of the functioning
Trial precedents
Originate from
Doctrine interpretations
Require the special procedure
Qualified majority of MPs
Written acts
Parliamentary laws
In the particular case
Ex. 3.
1. The word "Constitution" originates from Latin consttutio, which means
a) "correction", b) ""organization", c) "evolution"
2. Constitution is the highest legal form, confirming
a) progress of the educational system b) artistic values, c) norms of the constitutional system,
3. There are two concepts of Constitution
a) abstract and concrete, b) formal and legal, c) constant and temporary
4. Due to the form the Constitutions are divided into
a) three categories, b) two categories, c) five categories.
Ex.4 (*) .
1. The word "Constitution" originates from Latin constitution which means "organization, arrangement" (.). 2. Constitution is a set of rules and practices dealing with the disputes between the individual and the state (.). 3. Constitution is a sign of the political tolerance (.). 4. There are three concepts of Constitution formal, legal and educational (.). 5. Due to the form the Constitutions are divided into codified, non-codified and mixed.
Ex 5. .
1. What does the word "Constitution" originate from? 2. What does it mean? 3. Which matters does any constitution deal with? 4. What does a constitution state? 5. What does the legal form of a constitution define? 6. What categories of constitutions are there due to their forms? 7. How is it possible to amend a constitution? 8. What is the term of the constitution functioning?
Ex. 6:
TEXT . THE CONSTITUTION OF UKRAINE: HISTORICAL ASPECT.
For the first time the idea of a Constitution appeared in Aristotle's classification of government. The modem idea of a Constitution came after the Reformation started by Luther in 1517. John Lock was the author of the American Declaration of Independence, the US Constitution and French Declaration of the Rights of a Man.
The first constitutional document in the history of Ukrainian people was the Constitution of Bendery, 1710. Hetman Pylyp Orlik was its initiator. He himself, his officers and Zaporozhsky Cossacks had created it. That constitution consisted of 16 Articles. Articles 4-5 reflected interests of Zaporozhsky Cossacks. Article 6 limited Hetmans powers and established unique Cossack's parliament.
There were several versions of the Constitution during the historical development of the Ukrainians. The first Constitution adopted in 1918 declared the independence of Ukraine. In 1919 the second Constitution was approved by the meeting of the Soviets and adopted by the Central Executive Committee. The Constitution of 1929 contained five parte: 1) the General Clauses, 2) On the Arrangement of the Soviet Power, 3) On the Rights for Voting, 4) On the Budget of the Ukrainian Soviet Republic, 5) On the Emblem, the Flag and the Capital. The Constitution of 1937 containing 13 units was carried out by the special commission staffed by G.Petrovsky, S. Kosior, P. Postushev, V. Zatonsky etc. The Constitution of 1978 was adopted by the 711 session of the Supreme Soviet. Article 69 confirmed the right to self-determination.
The Supreme Soviet adopted the Constitution of 1996. It contains the Preamble and 15 parts: 1) the General Clauses, 2) Rights, Freedoms and Duties of a man and a citizen, 3) The Elections, Referendum, 4) The Verchovna Rada, 5) The President of Ukraine, 6) The Cabinet of Ministers, 7) The Prosecutor's Office, 8) The Justice, 9) The Territorial Arrangement, 10) The Autonomous Republic of Crimea, 11) The Local Government, 12) The Constitutional Court of Ukraine, 13) The Procedure of Amendments, 14) The Ultimate Clauses, 15) The Transitional Clauses.
EXERCISES
Ex.1. , . .
classifi'cation u'nique 'budget
refor'mation 'Soviets 'emblem
initi'ator com'mittee auto'nomous
Ex.2. .
Classification of government
Constitutional document
To limit one's power
Executive Committee
Commission staffed by
General Clauses
The Procedure of Amendments
Ex.3.
1. For the first time UK idea of a Constitution appeared .
a) in Homer's "lliada", b) the Aristotle's classification of punishment, c) the Aristotle's classification of government
2. The modern idea of a Constitution was carried out by......
a) Pylyp Orlik, b) Luther, 3) Yaroslav the Wise
3. The first constitutional document in the history of Ukrainian people was.....
a) "The Tale of Igor's Troops", b) "The Law of Twelve Tables c) the Constitution of Bendery
4. The first Constitution adopted in 1918 declared......
a) the establishment of the Ukrainian Federation, b) the sovereignty of Ukraine, ) the military aggression against Poland.
5. Article 69 of the Constitution 1937 confirmed....
a) the right to the independence, b) the right to self-determination, c) citizens rights and freedoms*
Ex.4 (*) .
1. The modem idea of a Constitution came after the Reformation started by Luther in 1517 (). 2. Kluchevskoy was the author of the American Declaration of Independence, the US Constitution and French Declaration of the Rights of a Man (). 3. The first, constitutional document in the history of Ukrainian people was the Constitution of Bendery, 1710 (). 4. tman Bogdan Khemlnitsky was its initiator () 5. The first Constitution adopted in 1918 declared the independence of Ukraine () 6. In 1919 the fourth Constitution was approved by the meeting of the Soviets and adopted by the Central Executive Committee () 7. The Constitution of 1937 contained 13 units (). 8. The Constitution of 1996 contains the Preamble and 15 units () 9. The sixth Article speaks of the Verchovna Rada (). 10. There were several versions of the Constitution during the historical development of the Ukrainians ().
Ex.5. .
1. What time did the idea of a Constitution appear for the first time? 2. Who carried out the modern version of a Constitution? 3. Who was the author of the American Declaration of Independence, the US Constitution and French Declaration of Man's Rights? 4. Whichdocument may be treated as the first constitutional document in the history of Ukrainian people? 5. How many versions of the Constitution were there in the historical development of Ukraine? 6. What Constitution declared the independence of Ukraine? 7. What year was the second Constitution adopted? 8. Whom was the committee carried out the Constitution of 1937 staffed with? 9. When did the Supreme Soviet adopt the last Ukrainian Constitution? 10. What Units does the 1996 Constitution consist of?
Ex. 6:
Topical vocabulary
Activity
Define
Nominate
Relations
Adopt
Executive
Organization
Religious
Agreement
Government
Pass
State
Amend
Independence
Power ,
Status
Approve
Judicial
Preamble
Supreme
Article
Law-making
Precedent
Term
Branch
Legislative
Procedure
Totality
Body
Matter
Public
Treaty
Declare
Mean
Regulate
Version
UNIT 3. THE SYSTEM OF LAW ENFORCEMENT AND JUDICIAL BODIES.
The system of law enforcement and judicial bodies includes a public prosecutor's office, a court, militia (police force) and state security bodies. They are aimed to enforce a law, to protect a person and property and to maintain order in a society.
TEXT A. The Prosecutor's Office.
Prosecutor is an official initiated criminal proceedings on behalf of the state. The word itself originates from Latin procurare meaning "to care of". The prosecutor's office is vested with the powers to undertake the prosecution, to hold a charge, to present the state interests in the court. Although responsibilities vary from one jurisprudence to another, many prosecutors are in charge of all phases of a criminal proceeding, from investigation through trial and beyond to all levels of appeal.
In Ukraine the composition, arrangement and responsibilities of the prosecutor's office are confirmed in the 7th Part of the Constitution. It states the functions and responsibilities entrusted with
- prosecuting in court on behalf of the State;
- representing the interests of a citizen and the State in court in cases determined by law;
- supervising the observance of laws by bodies conducting detective and search activity, inquiry and pre-trial investigation;
- supervising the observance of laws in the execution of judicial decisions in criminal cases and in the application of other coercive measures related to the restrain of personal liberty of citizens.
The Prosecutor General appointed to office with the consent of the Verkhovna Rada heads the Prosecutor's Office of Ukraine for the five years term.
In Great Britain the body responsible for public prosecution is the Crown Prosecution Service headed by the Director. He is accountable to Attorney General holding Parliamentary responsibility for the Service. This Service started operating in 1986 when the special law was adopted. Before it those functions were vested to the local police forces responsible for deciding whether to prosecute particular cases. In the USA the prosecutors are elected to office. They present evidence at a hearing before a grand jury, which may or may not return an indictment for trial.
The status of the prosecutor's office varies from country to country. For example, in the USA, France, Austria, Japan, Poland it is a part of the Department of Justice. There are countries where the prosecutor's office is a part of a court or structurally separated from it.
EXERCISES.
Ex.1. , . .
Sepa'rate par'ticular 'structure appli'cation
'Service 'special ob'servance 'start
Ope'rate de'partment 'local pro'tect
Ex. 2. .
enforce a law
protect a person and property
To maintain order
To undertake the prosecution
hold a charge
Criminal proceeding
On behalf of the State
To supervise the observance of laws
To conduct detective and search activity Bo
Pre-trial investigation o
To be accountable
prosecute particular case
be elected to office O
Department of Justice
Ex.3.
1. Prosecutor is an official initialed..
a) law-making procedure; b) criminal proceedings on behalf of the state; ) adopting the state budget
2. The prosecutor's office is vested with the powers.....
a) to hold a charge; b) to initiate a new legislation; ) to manage visa regime.
3. In Ukraine the composition, arrangement and responsibilities of the prosecutor's office are confirmed......
a) in the 5 Part of the Constitution; b) in the 10 Part of the Constitution; c) in the 7th Part of the Constitution
4. The Prosecutor General is appointed to office......
a) with the consent of the President; b) with the consent of the Verkhovna Rada; c) according to the referendum.
5. In Great Britain the body responsible for public prosecution is.....
a) the Crown Prosecution Service; b) Home Office; c) the Parliament
.4. (*) .
1. The word itself originates from Latin procurare meaning "to care of" (.). 2. Theprosecutor's office is vested with the powers to undertake the prosecution, to hold a charge, to present the state interests in the court (.). 3. The 4th Part of the Ukrainian Constitution states the functions and responsibilities entrusted with prosecuting in court on behalf of the State; representing the interests of a citizen and the State in court in cases determined by law (.). 4. The Prosecutor General heads the Prosecutor's Office of Ukraine for the four years term. 5. In Great Britain the body responsible for public prosecution is the Crown Prosecution Service headed by the Prime Minister (.). 6. This Service started operating in 1986 when the special decision of the reigning monarch was adopted (.). 7. In the USA the prosecutors are elected to office (.). 8. The status of the prosecutor's office is the same in ail the countries (.). 9. The Prosecutor General is appointed to office with the consent of the Verkhovna Rada (.). 10. The US prosecutors are responsible to present evidence at a hearing before a grand jury (.).
Ex.5. .
1. What does the Latin word procurare mean? 2. What does the prosecutor initiate? 3. What powers is a prosecutor vested with? 4. What are the phases of a criminal proceeding? 5. What document confirms the status of a prosecutor's office in Ukraine? 6. What is the Head of the Prosecutor's Office in Ukraine? 7. What is the UK Crown Prosecution Service responsible for? 8. Are the prosecutors elected to office or appointed in the USA? 9. How do prosecutor's responsibilities vary? 10. How does the structural arrangement of the prosecutor's office vary from country to country?
Ex.6.
TEXT . THE COURT.
A court is a state body responsible for exercising justice in the way of proceedings and disposition of criminal, civil, administrative and other categories of cases, according to the procedural actions of a state. Courts are divided into customary and emergency; the forming of the last ones is forbidden almost by all modern Constrictions The customary courts are subdivided into the courts of the common competence and specialized courts such as military tribunals, arbitration courts (industrial, trade, business), tax courts, customs courts, etc. Constitutional and administrative courts are the special varieties of courts. In some countries there are the religious courts (for example, the court of Shariat in the Muslims states - Iran, Iraqi, Pakistan, Sudan) and the courts of the ordinary law (for example, the tribe courts in some countries of tropical Africa). In the states with the federal arrangement the courts are divided into federal ones and the courts of the subjects of the federation. Courts may be divided into the instances: the court of the first instance, the court of appeal, and the cassation court, etc.
Courts protect rights and legal interests of citizens, corporate bodies and a state. Courts are independent in their activity; they are accountable only to the law. Any interference into the justice is forbidden. The Parts 8 and 12 of the Constitution of Ukraine define the operating of the courts in Ukraine.
exercises
Ex.1. , . .
Competence tribunals varieties federation
Instance cassation corporate operating
Ex.2. .
exercise justice
the federal arrangement |
protect rights and legal interests
interference into the justice
be forbidden
the court of common competence
be accountable to the law
Ex. 3.
1. A court is a state body responsible for........
a) exercising justice, b) punishing criminals, c) making laws
2. The customary courts are subdivided into.......
a) constitutional and administrative, b) courts of the common competence and specialized courts, c) appeal and cassation
3. Courts protect rights and legal interests of......
a) the ruling clique, b) citizens, corporate bodies and a state, c) local authorities
4. The courts are accountable........
a) to the President, b) to the Parliament, c) to the law
5. The Constitution of Ukraine defines the operating of the courts in Ukraine....
a) in Parts 5 and 6, b) Parts 8 and 12, c) Parts 2 and 3.
Ex.4. * .
1. A court is a private body responsible for exercising justice (.). 2. A court exercises justice in the way of proceedings and disposition of criminal, civil, administrative and other categories of cases (.). 3. Courts are divided into customary and emergency (.). 4. Constitutional and administrative courts are the special varieties of courts (.). 5. Courts may be divided into the instances: the court of the first instance, the court of appeal, and the cassation court (.).
Ex. 5. .
1. What is a court responsible for? 2. What way does a court exercise justice? 3. What types are the courts divided into? 4. What are the special courts? 5. What countries are there religious courts? 6. What instances may the courts be divided into? 7. Whose rights and interests do the courts protect? 8. What parts of Ukraine's Constitution define the functioning of courts? 9. Is it possible to intervene the work of the court? 10. What are courts accountable to?
Ex.6.
TEXT MILITIA
The word "militia" originates from the Latin word "militia" meaning "military service, civilian volunteer corps". Militia is a system of state bodies of the executive power responsible for protecting citizens* life, health, rights and freedoms from the criminal and other unlawful encroachments and possessing the coercive authorities. Militia is included in the system of Ukraine's Ministry of Internal Affairs. Its tasks are the following:
to ensure personal security of citizens,
to prevent crimes and administrative wrongs,
to clear up crimes,
to maintain public order,
to protect public order and to ensure social security,
to assist citizens, officials, enterprises, social organizations in setting up their legal rights and interest within the limits defined by the "Law on Militia" of Ukraine.
The other duties can be defined only by special laws. The activity of militia is organized according to the principles of legality, humanism, respect of human rights, etc. It is forbidden to humiliate a person, to insult him, to inflict injury etc.
Nowadays the great attention in militia work is paid to the prevention of crimes. But if a crime has been committed, the militia officers must detect it as quickly as possible. To fulfil this task successfully there are various departments within the system of Internal Affairs subdivisions Criminal Militia, Militia of Public Safety, Transport Militia, State Traffic Inspection, Security and Protection Service, Specialized Militia Service.
Besides there are specialized agencies responsible for fulfilling these or those tasks. The Crime Investigation Department is one of the most complicated militia agencies. The officers of the Crime Investigation Department are responsible for tracing a criminal, then for locating and apprehending him. They gather facts to prove the guilt or innocence of the suspected. The final phase in the crime investigation is presenting evidence in the court. Economic Crimes Department fights against those who don't want to live an honest life. The responsibility of its officers is to reveal the criminal activity endangering the economy of the state, the stability of financial market, etc. The State Auto-Inspection is responsible for traffic regulation and safety on the roads. The Transport Militia maintains law and order on the railways, airlines and waterways of the country. The Juvenile Inspection handles "difficult" juveniles and their careless parents. Its officers do much to prevent juvenile delinquency. The Correctional LabourSystem is supposed to rehabilitate offenders through labour. This is the purpose of correctional establishments.
MIA structure -
- Headquarters of MLA
- Principal Personnel Department of MIA
- Principal Secretariat
- Principal Department for Combating Organized Crime
- Principal Crime Investigation Department
- State Department for Combating Economic Crimes
- Drug Enforcement Department no
- Criminal Militia Department for Combating Juvenile Delinquency
- Principal Investigation Department
- Preliminary Investigation Department
- Expertise & Forensic Department -
- Service Dog Handling Department
- Transport Militia Service
- Interpol National Central Bureau
- Foreign Relations Department
- Centre for Public Relations
- State Traffic Inspection
- Security & Protection Service
- State Fire Department
- Principal Prisons Administration
- Inner Troops
- Information Bureau
- Higher Education Institutions
- Logistics
- Department for Health Care
Signs of Distinction -
Private
Senior warrant officer
Lieutenant colonel
Junior sergeant
Junior lieutenant
Colonel
Sergeant
Lieutenant
Major general -
Senior sergeant
Senior lieutenant
Lieutenant general -
Sergeant major
Captain
Colonel general
Warrant officer
Major
General of inner service of Ukraine
Ex.1. , . .
'Military as'sist 'phase 'present fi'nancial
Volun'teer 'humanism 'trace sta'bility e'onomy
Ad'ministrate 'various lo'cate cor'rectional ins'pection
Infor'mation 'transport secre'tariat
Ex. 2. .
Civilian volunteer corps
Coercive authorities
ensure one's security
Administrative wrongs
Within the limits
pay attention
maintain public order
rehabilitate offenders
prove guilt or innocence
endanger financial market
To trace the criminal
Ex. 3.
1. The word "militia" originates from the Latin word militia meaning.....
a) military service, civilian volunteer corps, b) detective service, c) law-making service
2. Militia is a system of state bodies.
a) of the judicial power, b) of the executive power, c) of the legislative power
3. Militia is responsible for.....
a) passing laws, b) scrutinizing government's work, c) maintaining public order
4. The activity of militia is organized according to the principles.....
a) of legality, b) of presumption of innocence, c) undivided authority
5. Nowadays the great attention in militia work is paid to....
a) curbing the corruption, b) preventing crimes, c) enlarging militia staff
Ex.4. (*) .
1. The word "militia" originates from the Greek word militia. (). 2. The word "militia" means the "civil voluntary corps" (). 3. Militia is responsible for protecting citizens' life, health, rights and freedoms from the criminal and other unlawful encroachments (). 4. The legal status of militia is defined by the "Law on Militia" of Ukraine (), 5. To fulfil all the tasks defined by the "Law on Militia" there are various departments within the system of Internal Affairs agencies Crime Investigation Department, Department of the Organized Crime, Drug Enforcement Department, Traffic Department, Forensic Department, etc. (). 6. The Crime Investigation Department is one of the most secret militia agencies (). 7. The responsibility of Economic Crimes Department officers is to reveal the criminal activity endangering integrity of the state (). 8. The State Auto-Inspection is responsible for detecting the crimes linked with the corruption in militia agencies (). 9. The Juvenile Inspection does much to prevent juvenile delinquency (). 10. There is a Drug Enforcement Department within the structure of Militia.
Ex. 5. .
L Which state power does militia belong to? 2. Where are its duties and responsibilities defined in? 4. What is militia responsible for? 5. How many Departments are there in militia? 6. Which Departments are obligatory for fulfilling its main duties? 7. What is the difference between the State Auto-Inspection and the Transport Militia? 8. What is the contingent of Organized Crime Department? 9. What does the Juvenile Inspection do? 10. What new militia structures have appeared last time?
Ex.6.
Topical vocabulary
Accountable
Customary
inflict ()
Protect
Arbitration
Delinquency
Initiate
Reveal
(on) behalf
Emergency
Instance
Restrain
Charge
Enforce ,
Interfere
Set up
Clear up
Ensure o,
Jurisprudence ,
Supervise
Coercive
Entrust ,
Liberty
Trial ,
Competence ,
Exercise
Maintain
Tribunal
Conduct ,
Humiliate
Observance ()
Vest ()
Corps (.)
Indictment
Prevent
UNI 4. WHAT IS A LAW?
TEXT A. The Essence of Law.
A. The word "Law" is of Scandinavian borrowing. Actually it is very difficult to define it as people use this word in two meanings 1) as the set of rules or regulations made by authorities for controlling relations and people's behavior in the society and 2) as legally determined spheres of law science.
Laws as the signs of the community's civilization date back to the epoch of slave owning society, at the period of dividing a society into classes. They may be descriptive, which explain how people or even natural phenomena usually behave, and prescriptive which explain how people ought to behave.
Some of them are customs - that is, informal rules of social and moral behavior. Some are rules we accept if we belong to particular social institutions, such as religious, educational and cultural groups. And some laws are made by nations and enforced against all citizens within their power. But a society is creating its own rules in the status of laws maintaining public order, resoling disputes that arise between individuals and imposing responsibility.
B. Since the law does cover a wide variety of matters it is helpful to divide it into different categories. The first distinction is that between international and national (municipal) law; national law is classified into public and private law; finally these classification is sub-divided into a number of different categories.
International law is concerned with disputes between nations; much of this law comes from treaties, which have been agreed by the governments of the countries.
National law is the law, which applies within a country. Within national law there is usually a clear distinction between public and private law. Public Law involves the State or government in some way, while Private Law is concerned with disputes between private individuals or businesses.
Public law involves three main branches such as Constitutional Law, Administrative Law and Criminal Law. As for Private Law usually called Civil Law it has many different branches: Contract Law, Tort Law, Company Law, Law of succession, Employment Law etc.
EXERCISES.
Ex. I. , . .
'Aspect classi'fy regu'lation 'primary 'dispute 'category
'Epoch 'sphere 'natural va'riety 'private indi'vidual
Ex. 2. .
A set of rules or regulations
control relations and people's behavior
To date back
maintain order
To resolve disputes ,
impose responsibility apply within a country
divide into categories
Ex. 3.
1. The word "Law" is very difficult to define as people use it.....
a) in many meanings, b) in 2 meanings, c) in 4 meanings
2. A law is a set of rules made by authorities for.....
a) keeping people in the fear, b) developing legislation, c) controlling people's relations in the society
3. A law as a sign of the community's civilization dates back to.....
a) prehistoric times, b) the epoch of slave owning society, c) the Renaissance
4. The relations between people in a society are regulated by.....
a) prescriptive laws, b) descriptive laws, c) international laws
5. Within national law there is usually a clear distinction between......
a) criminal and civil law, b) tax and ecological law, c) public and private law.
Ex.4. (*)
1. A law as a sign of the community's civilization dates back to the period of dividing a society into classes (). 2. The relations between people in a society are regulated by descriptive laws (). 3. It is helpful to divide laws into different categories as they cover a variety of matters in a societys life (). 4. The general distinction is that between private and public law (.). 5. Much of international law comes from treaties, which have been agreed by the governments of the countries (.). 6. National law is the law, which applies outside a country (.). 7. Within national law there is usually a clear distinction between public and private law (.). 8. The Public law involves two main branches such as Constitutional Law, Administrative Law (.). 9. The Private Law is usually called Civil Law (.) 10. There are many ways of treating the meaning of the word "Law".
Ex.5. .
1. Why is it difficult to define the meaning of the word "law"? 2. What types of Lews are there? 3. What laws is a society's life regulated by? 4. What are laws created by authorities for? 5. What are the main categories of laws according to outside and inside practice? 6. What is the ground of international law? 7. What categories is national law divided into? 8. How many branches of law does the Public Law contain? 9. Why is the number of the Civil Law branches so great? 10. What does the word ''law"" derive from?
Ex. 6.
TEXT . Public and Private (Civil) Law Categories
A) Public Law Categories
A) Constitutional Law
Constitutional Law controls the method of government and any disputes which arise over such matters as who is entitled to vote in an election, or who is allowed to become a Member of Parliament, or whether an election was carried out by the correct procedure.
B) Administrative Law
Administrative Law controls how Ministers of State or other public bodies such as local councils operate. An important part of this is the right to judicial review of certain decisions.
C) Criminal Law
Criminal Law sets out the types of behaviour which are forbidden at risk of punishment. A person committed a crime is said to have offended against the State, and so the State has the right to prosecute him (her). An offender may be imprisoned, fined, placed under supervision, or punished some other way.
B) Private (Civil) Law Categories.
Private (Civil) Law concerns disputes among the citizens within a country. The main categories of English Private (Civil) Law are the following:
1) contracts binding agreements between people (or companies),
2)
