Unit 29 Lawyers in Russia

Before you read

Discuss these questions.

1 What different kinds of lawyers are there in Russia?

2 What are the differences between them?

Text a Legal Professionals

Read the text. Explain the usage of passive forms.

The state has many ways of making sure that citizens obey the law. It makes the public aware of what the law is and tries to encourage social support for law and order. It uses militia to investigate crimes and catch criminals. It authorizes courts to complete the investigation of criminal and civil offences and to pass sentences to punish the guilty and deter others. And it makes efforts to re-educate and reform people who have broken the law.

The state combats crime through the courts and its participants (the prosecutor, the lawyers, the judge), the Prosecutor’s Office, investigating authorities, state security bodies, militia and other law-enforcement agencies. They have to perform a series of acts to establish the fact of crime, discover the offender and determine the penalty to be imposed in virtue of law.

After receiving information that a crime has been committed, the investigator commences the preliminary investigation: he inspects the scene of the crime, summons and questions witnesses, detains suspects, etc. During the investigation of a criminal case, he has the right to demand that citizens should take part in examinations and searches, and testify on the facts known to them; and that persons in office make available certificates, documents, etc. The militia, the investigator, the prosecutor and the court may make such demands only within the power vested in them by law.

The challenge of the militia has always been to protect state and personal property, to maintain public law and order, to safeguard the rights and interests of citizens.

Supervision on observing the law is carried out by the Office of the Prosecutor General of the Russian Federation. It forms a single, centralized, hierarchical system, public (the lower) prosecutors obeying the higher ones and the Prosecutor General of Russia. The Prosecutor General of Russia is appointed and dismissed by the Federation Council upon a proposal of the President.

The Prosecutor’s Office is the state body that is established to exercise supervisory power over the strict observance and application of law by all ministries, organizations, institutions, officials and citizens of the state.

Public prosecutors of constituent entities of the Russian Federation shall be appointed by the Prosecutor General of the Russian Federation by agreement with the constituent entities.

Other public prosecutors shall be appointed by the Prosecutor General of the Russian Federation.

The powers, organization and procedure for the activities of the office of the Prosecutor General of the Russian Federation shall be determined by federal law.

It may be said that the Prosecutor’s Office, like all the Russian courts, protects legality, law and order.

The prosecutor has the right, and it is his duty, to appeal against all decisions and actions of state bodies and officials which he considers to be unlawful. Every citizen has the right to complain to the prosecutor concerning any violation of the law. When a breach of law contains elements of a crime, it is the duty of the prosecutor to bring the guilty person to trial.

The prosecutor supervises the investigation of cases conducted by the militia, and other state security bodies. The Prosecutor’s Office institutes and investigates criminal cases, ascertains the circumstances under which crimes were committed, collects evidence against the criminals and their accomplices and sees to it that other investigating bodies act within the law.

During the hearing of cases the prosecutor conducts the prosecution before the court in the name of the state. It is his duty to prove the charges against the accused and to propose the penalty to be imposed on the guilty person. If he is of the opinion that the accused is not guilty, it is his duty to withdraw the charge.

The prosecutor has the right to lodge protests against the sentences and decisions of the courts which he finds illegal.