Unit 2 judicial system and law enforcement bodies in ukraine text 1 judiciary in ukraine

Exercise 1.1 Study the vocabulary:

1) requirements	1) вимоги
2) experience	2) досвід
3) bribe	3) хабар
4) pressure	4) тиск
5) severity	5) складність
6) judicial review	6) судовий перегляд
7) bribe	7) хабар
8) to be incarcerated	8) бути ув’язненим
9) trial	9) судовий процес
10) “rotten to core”	10) наскрізь зіпсований
11) to be in smb’s line	11) бути в компетенції
12) suspect	12) підозрюваний

Exercise 1.2 Read and translate the text:

The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was neither notion of judicial review nor any Supreme Court since 1991's Ukrainian independence.

Although judicial independence exists in principle, in practice there is little separation of juridical and political powers. Judges are subjected to pressure by political and business interest. Ukraine's court system is widely regarded as corrupt. A Ukrainian Justice Ministry 2009 survey revealed that only 10 percent of respondents trusted the nation’s court system. Less than 30 percent believed that it was still possible to get a fair trial. Ukrainian politicians and analyst have described the system of justice in Ukraine as "rotten to the core" and have complained about political pressure put on judges and corruption. Ukrainian judges have been arrested while taking bribe.

Court judges maintained a 99.5 percent conviction rate from 2005 till 2008, equal to the conviction rate of the Soviet Union. Suspects are often incarcerated for long periods before trial.

The court system, until 2001, remained similar to that which existed under the former Soviet regime. In July 2001, a series of laws was passed designed to bring existing legislation regarding the judiciary and the administration of justice more in line with the requirements for an independent judiciary. The three levels of courts are rayon (also known as regional or people's courts), oblast (provincial) courts, and the Supreme Court. All three levels serve as courts of first instance, the choice of level varying with the severity of the crime. A case heard in first instance at the rayon level can be appealed through the next two higher stages. A case heard in first instance in the Supreme Court is not subject to appeal or review. A 1992 law added a Constitutional Court to the existing system. The Constitutional Court consists of 18 members appointed for 9-year terms. It is the final interpreter of legislation and the constitution, and it determines the constitutionality of legislation, presidential edicts, cabinet acts, and acts of the Crimean autonomous republic.

The Rada (Supreme Council) selects judges on recommendation from the Ministry of Justice based partly upon government test results. Oblast and Supreme Court judges must have five years of experience in order to be appointed and may not be members of political parties.

The constitution, adopted in 1996, provides that the judiciary is funded separately from the Ministry of Justice to ensure an independent judiciary. Because the courts are funded by the Ministry of Justice, however, they have been subject to executive influence, and have suffered from corruption and inefficiency.

Exercise 1.3 Decide if the statements are true or false. Correct the false ones.

1. The Constitution of 1996 changed a little bit the judicial system of the state.

2. A case heard in first instance in the Supreme Court can’t be appealed or reviewed.

3. The Constitution of Ukraine provides that the judiciary is funded on the basis of the Ministry of Justice.

4. In juridical practice there is quite strict separation of juridical and political powers.

5. The Soviet Union’s judicial system had no influence on the Ukrainian one after its independence.

6. The Supreme Council selects judges on recommendation from the Ministry of Justice.

7. From 2005 till 2008 court judges maintained a 99.5 percent conviction rate, equal to the conviction rate of the Soviet Union.

8. Ukrainian judges are never arrested while taking bribes.

9. Ukrainian courts are funded by the Ministry of Justice.

10. Till 2009 Ukrainian politicians have complained about political pressure put on judges and corruption.

Exercise 1.4 Read the text again and fill in the gaps:

1. Ukrainian judges are subjected to pressure by political and _______.

2. Ukraine's court system is widely ______ corrupt.

3. In 2009 Ukraine less than 30 percent of people believed that it’s still possible to get ______.

4. The three levels of courts are rayon (also known as _______ ), oblast (provincial) courts, and the Supreme Court.

5. The ______ is the final interpreter of legislation and the constitution.

6. The Constitutional Court determines the constitutionality of legislation, _____ edicts, cabinet acts, and acts of the Crimean autonomous republic.

7. The court system, until 2001, remained similar to that which existed under the former _______.

8. Oblast and Supreme Court judges may not be members of ______.

9. Ukrainian politicians and analyst have described the system of justice in Ukraine as _____.

10. The courts have been subject to ______.

Exercise 1.5 Match the term with its definition:

1) judiciary	a) The exemption of a judge or magistrate from personal actions for damages arising from the exercise of his judicial office.
2) bribe	b) to be imprisoned
3)corruption	c) a public officer appointed to decide cases in a law court
4) trial	d) dishonest or fraudulent conduct by those in power, typically involving bribery
5)jurisdiction	e) the judicial authorities of a country
6) judge	f) a formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings
7) judicial immunity	g) a sum of money or other inducement offered or given to bribe someone
8) to be incarcerated	h) the official power to make legal decisions and judgments

Exercise 1.6 Fill in the gaps with the words and phrases:

court decision jury dispute arbitration trial judge appeal people’s assessor apply

1. The punishment was reduced to three years on _____.

2. She is not happy with the _______ and plans to appeal.

3. The dispute is going to ______.

4. Both sides in the ______ have agreed to binding arbitration.

5. The problem was settled out of _______.

6. The ______ determines the number of years to be spent in prison.

7. The ______ plays an important role in the legal systems of many countries.