Учебник для магистрантов

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experience because of my work in the district court, Prosecutor’s Office and the training courses taken. Moreover, I have two Cambridge certificates confirming my high level of spoken and written English.

If you require any further information, please do not hesitate to contact me. I am available for interview at any time.

I look forward to hearing from you.

Yours sincerely,

Yana Kamenetskaya

Exercise 3.

This autobiography sample contains 4 errors of different kinds. Find them and correct the sentences.

Autobiography

I’m Victoria Karelina. I was born on the 29th of July 1991 in Bologoye, Russia.

When I was 6 years old I engaged in ballroom dancing, later I studied painting at an art school and sang in the school choir.

From 1998 to 2006 I was studied in school №3 in Smela, Ukrain. I was active in sports and participated in all school events.

When I was 15 years old, my family moved back to Russia. When at school I went to a law class, I enjoyed studying law so I had no doubt about the choice of my future profession.

In 2008 I entered into Kutafin Moscow State Academy of Law.

Last summer my elder sister and I went to England to a school in Oxford to study English. It was a very interesting and informative holiday. We studied the English language in groups of 12 persons. All students came from different countries. Communication with them was very interesting – not only have I learnt English, but I also learned many interesting things about my classmates, their countries, traditions and customs.

Now I am working for my Master’s degree. I have chosen employment law as my major.

Exercise 4.

Consider the following samples and make up your own portfolio.

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About myself

(Sample of an essay)

At first I should say that it is not an easy thing to speak about yourself as it is hard to have a look at yourself from aside, but at the same time who knows you better than you do?

First of all, let me introduce myself. My name is Natalie Voronkova. I’m twenty-two years old.

I am a student of Kutafin Moscow State Law University. I was born in Moscow where I live with my parents.

I have an elder sister. She has her own little family - a husband and a child. My nephew's name is Makar, he is two years old. I love him very much. Whenever I get free time, I visit him in Sokolniki, where he lives with his mom and dad, and we all go for a walk to the park. My sister is a lawyer, she graduated from MSAL with honours too.

When I was 2 years old, my parents and I went to Morocco. It was a business trip for my dad. He worked at the Russian Embassy. We had lived there for three years and during that period we made several trips to Spain and Portugal. I went to the kindergarten, where I met many children from different countries. With some of them we are still in touch. For example, a friend of mine, Artem Konovalov, lives in Austria now and plays hockey for the national team. We haven't seen each other for a while, but we often talk on the phone and communicate on the Internet. Morocco is a beautiful country, but mostly I remember the city where we lived. We lived in Rabat, the capital of the country. The only event that spoiled our stay was the terrorist attack by a suicide bomber who penetrated into our embassy and blew up himself in the Consular department. After that event we were guarded with extra security and we weren't allowed to drive to the city by ourselves.

When we got back from Morocco the most unusual thing for me was the weather. I could not get used to the winter frost, because in Morocco it had been very warm in winter. I went to school in Moscow. At the same time, I went to an art school and started learning English. I have always been on the top of my class, I have many diplomas and certificates. Several times I won in competitions among schools. I finished school with honours. Then I passed the entrance exams and entered one of the most prestigious universities in Moscow—Kutafin Moscow State Law University.

After the 2nd course I had a clinical training in court and the Public Procurator’s Office. It was very interesting to me. Later I started my practice as a trainee at “PRO BONO” Student Center of Legal Aid. Recently I’ve got my bachelor degree and now I’m working on my Master’s programme.

I also want to say some words about my interests. As they say ‘‘tastes differ’’.

Different people like different things, so different people have different hobbies. I

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like to play tennis and swim in the warm sea. When I am free I meet with my friends, we go to the cinema, discuss books and walk around the city.

Kutafin Moscow State Law University

(Sample of an essay)

Kutafin Moscow State Law University (MSAL) is a recognized leader in qualitative teaching and research in various branches of law in the Russian Federation.

Today the University is one of the largest law schools in Russia. Since its foundation the University has awarded degrees to over 170,000 graduates. Its total enrolment in Moscow and its five branches in other cities is about 17,000 including over 500 postgraduate students pursuing Candidate and Doctor degrees of Law. Every year over 3,000 students graduate from the University as lawyers.

The University trains highly qualified lawyers for various spheres of activity: courts, Procurator’s Offices, law enforcement, state and administrative bodies, bars, public notary offices as well as legal services.

The University’s profile includes undergraduate and postgraduate full-time and part-time education as well as extramural (correspondence) courses. The training period for getting a ‘Specialist’ degree in Jurisprudence varies from 5 (fulltime studies) to 6 years (part-time and extra—mural studies).

Among subjects taught are Civil Law, Constitutional (State) Law, Criminal Law, Private International Law, Public International Law, Forensic Science etc.

The University has 26 departments with over 400 teachers on staff, including about 100 professors many of whom are well-known scholars. They deliver lectures on over a hundred courses covering the whole range of law subjects.

All members of the staff, apart from teaching, are active researchers who publish dozens of monographs, textbooks, scientific articles, etc. which are widely used by other law schools both in Russia and abroad. They also participate in national and international debates in legal and related fields.

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To meet target requirements, the University offers individual and group internship and academic training for foreign students of law.

At present the University is home to: Institute of Jurisprudence International Law Institute

Institute of Advocacy

Institute of Banking and Financial Law Energy Law Institute

Business Law Institute Institute of Forensic Science.

Membership: European Law Faculties Association (ELFA), International Association of Law Libraries (IALL).

My future job

(Sample of an essay)

When I was a child I wanted to be a singer, like Whitney Houston, later-to be an actress and get an Oscar. Now I want to defend human rights. I want people to know how they can defend themselves. The legal profession is very difficult, because there are a lot of rules and laws in different spheres and lawyer should know what legal rule should be applied. Lawyers do most of their work in businesses, law firms and courtrooms. Lawyers work to assure the principle of equal justice under law to the people of the state. They may travel to attend meetings, gather evidence, and appear before courts, legislative bodies, and other authorities. They also may work under pressure when a case is being tried. Preparation for court hearing includes learning the latest laws and judicial decisions.

Lawyers may specialize in a number of areas, such as bankruptcy, international or environmental law. Lawyers help their clients to prepare and file for licenses and act for the client in court. Some lawyers specialize in the growing field of intellectual property, help to protect clients’ claims to copyrights, trademarks, trade dress, artwork under contracts, product designs, and computer programmes. Other lawyers advise insurance companies on the legality of insurance transactions, guiding the company in writing insurance policies to conform to the law and protect the companies from unwarranted claims.

Most lawyers are in private practice, concentrating on criminal or civil cases. In criminal proceedings lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil issues assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases.

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Other lawyers handle only public-interest cases—civil or criminal—concentrating on particular cases. If the client is a corporation, the lawyer is known as "house counsel" and usually advises the company concerning legal issues related to its business activities. These issues might involve patents, government regulations, contracts with other companies, property interests, or collective—bargaining agreements with unions.

A significant number of lawyers are employed at the various levels of government. Some of them work for the state as attorneys general, procurators, and public attorneys in criminal courts. Government lawyers also help to develop programmes, draft and interpret laws and legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government.

Some lawyers work for legal aid to public in order to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases.

My ambition is to be an in-house lawyer. I think it's interesting to work as an inhouse counsel because he is a professional whose scope of competence covers a vast area of business activities.

Target the Career

(Sample of a report)

The legal system affects nearly every aspect of our life, from buying a house to crossing the street. Lawyers form the backbone of this system, linking it to society in numerous ways. They hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

"A lawyer, is a person learned in the law; as an attorney, a counselor, a solicitor; a person who is practicing law." (Black’s Law Dictionary)

"Lawyer - someone whose profession is to provide people with legal advice"

(Macmillan English dictionary)

The career of a lawyer is very interesting and useful. You can utilize your knowledge in different spheres: in court, as a prosecutor, an advocate, in counseling or in law firms. Also this profession can open the door to politics, administrative offices, journalism and so on. In the US in 2009 lawyers held about 759,200 jobs. Employment of lawyers is expected to grow by 13 percent during the 2010-18 years, about as fast as the average for all occupations. Growth in the population and in the level of business activity is expected to create more legal transactions, civil disputes, and criminal cases. Approximately 26 percent of lawyers are self-employed, practicing either as partners in law firms or in solo practices. Most salaried lawyers hold positions in the government, in law firms or other corporations, or in nonprofit organizations. Most government-employed lawyers work at the local level. In the

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Federal Government, lawyers work for many different agencies, but are concentrated in the Departments of Justice, Treasury, and Defense. Many salaried lawyers working outside of the government are employed as house counsels by public utilities, banks, insurance companies, real—estate agencies, manufacturing firms, and other business firms and nonprofit organizations. Some of them also have part—time independent practices, while others work part—time as lawyers and full time in another occupation.

The main purpose of a lawyer is to help people, to tell them, what rights they have and how they can protect them. A good lawyer should have good education and background. Without practice you'll never become a good specialist. There is also an ardent competition in this profession, where only a professional wins.

European company law legislation: the limits of European company law legislation

(Sample of an article)

Until now, the European Union has employed three tools to ensure that the legal rules in the area of company law are compatible with the goal of a functioning internal market: first, the harmonization of national company law through directives adopted under art. 44(2) (g) Treaty Establishing the European Community (EC Treaty) that national legislatures must implement; second, the creation of new supranational organizational forms on the basis of art. 308 EU Treaty, forms which exist alongside their national counterparts as alternative vehicles for companies; and third, the judicial policing of national company law under the right of free establishment (arts. 43 and 48 EC Treaty) as performed by the European Court of Justice (ECJ), which in a series of landmark decisions since 1999—among them the well-known Centro’s, Overseeing and Inspire Art cases—has rejected a number of national limitations and thus triggered a "regulatory competition" among national corporate laws, the results of which are not yet foreseeable.

Harmonization by means of directives is understood as a technique for achieving less than full unity of law and is subject to the Treaty condition that the measure be implemented only if and to the extent required for reaching the goal of a common market (arts. 3(1)(h) and 44(2)(g) EC Treaty). This approximation of laws presupposes the existence of a variety of individual national legal systems that will continue to exist, and also of diverse, possible legal solutions. As a form of "harmonization live," it seeks merely to ensure that each member state enacts provisions that do not disrupt the internal market. Beyond that floor, each member state remains free to shape its company law in any way it chooses, provided the result conforms to the minimum needs of the Union. Although this solution effectively allows the use of "states as laboratories" to develop competing corporate models and helps counteract a petrifaction of a status quo reached by centrally developed norms, beyond the minimally harmonized area a basic tension remains

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with the expectations of corporations operating on a European scale, which rather ask for standardization of operating rules and seek uniformity in laws on investor protection and the disclosure of information, so as to reduce their information and transaction costs.

Supranational organizational forms like the European Company (SE), the European Co-operative (ECS) or the European Economic Interest Grouping (EEIG) would only meet these needs if the statutes of the individual member states in which they are based had substantially similar content. This is a condition that the current state of affairs does not meet, given that the statutes creating supranational entities contain numerous references to national laws as gap—fillers. In this way, the enacted company forms by no means create uniform rules, but rather each member state presents a different mosaic of supranational and national rules to the market. In the case of the SE, above all, EU law creates a mere torso of a corporation. There are undisputable advantages to this type of form (e.g., combining free structuring with a uniform "European Trademark"). However, the advantages of a truly unified corporate form remain beyond reach. It remains to be seen whether it will be possible to develop a genuinely European company in the planned "European Private Limited Company" (EPC).

Judicial policing of national company law for conformance with the right of free establishment can in the final determination only clear away barriers on a case- by—case basis, but cannot serve to positively create workable forms. Although offending national norms are removed, they are not replaced with provisions serving the internal market. Rather, ECJ company law decisions have since 1999 launched a competition for corporate charters in which member states have started to adopt differing measures within the open area left by the ECJ. In this respect it has been argued that the establishment of a market for corporate charters does not necessarily lead to regulatory competition as the supply—side (the member states) lack sufficient incentives to compete for charters.

Приложение 9. Sample of the annotation to the article “European company law legislation: the limits of European company law legislation”

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Labour Law in the Russian Federation (Sample of a group research project)

1. Labour rights in the Constitution

According to Article 7 of the CRF, the Russian Federation is a social state, whose policies shall be aimed at creating conditions, which ensure a dignified life and the free development of man. It shall protect the work and health of its people, establish a guaranteed minimum wage, provide state support for family, motherhood, fatherhood and childhood, and also for the disabled and elderly citizens, develop a system of social services and establish government pensions, benefits and other social security guarantees.

Article 37 of the CRF enumerates basic labour rights, including free choice of type of activity and profession, prohibition of forced labour, working conditions which meet safety and hygiene requirements, remuneration without any discrimination, minimum wage established by federal law, protection against unemployment, right to individual and collective labour disputes, right to strike,

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guaranteed statutory duration of work time, days off and holidays, and paid annual leave.

Article 30 of the CRF envisages that everyone shall have the right to association, including the right to create trade unions in order to protect one's interests.

According to Article 55 of the CRF, the listing of the basic rights and liberties in the CRF shall not be interpreted as the denial or belittlement of the other commonly recognized human and citizens' rights and liberties. No laws denying or belittling human and civil rights and liberties may be issued in the Russian Federation. Human and civil rights and liberties may be restricted by the federal law only to the extent required for the protection of the fundamentals of the constitutional system, morality, health, rights and lawful interests of other persons, for ensuring the defense of the country and the security of the state.

2. Labour Code

The history of Labour Codes in Russia goes back to the Labour Codes of 1918, 1922 and 1971. The latter was introduced on the basis of the USSR Fundamentals of Labour Legislation dated 15 July 1970, which had been created as a legislative framework for the entire Soviet Union. The current Labour Code of the Russian Federation of 30 December 2001 (hereafter "the LC") has been in force since 1 February 2002. It consists of 6 parts, 62 chapters and 422 articles which deal, inter alia, with the following major labour law issues:

•fundamentals of labour legislation (purposes of labour legislation; basic principles of regulation; non—discrimination; prohibition of forced labour; the system of labour legislation);

•the respective competencies in labour law making of the Russian Federation and its constituents;

•labour relations, their parties and grounds for establishment, including employee's and employer's basic rights and responsibilities;

•social partnership, including tripartite cooperation, collective bargaining and workers' participation;

•contract of employment;

•protection of workers' personal data;

•conditions of work, including work time; rest time, including leave;

•remuneration;

•labour discipline;

•health and safety;

•women's labour, including maternity protection;

•youth (under 18 years of age) labour;

•seasonal work, home work, domestic work, etc.;

•work in a number of specific sectors, including education and transportation;

•protection of workers' rights by the trade unions;

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• labour disputes settlement.

Law and order (Sample of a presentation)

Good afternoon, ladies and gentlemen!

Let me introduce myself, I'm Victoria Petrova, corporate lawyer of international law firm "Law and order".

Today I’m going to speak about our law firm. I’m sure that as third-year students you need to begin planning for life after university no matter how far ahead this may seem at the moment.

There are 3 points I’d like to cover today. First, I’ll start by giving you a little information about “Law and order”. I’ll then go on to outline what we have to offer to our new associates. Finally, I’ll also talk a little about what we expect from our potential graduate recruits. There will be a few minutes available for questions at the end of my talk but do feel free to interrupt me at any time.

So, to start with, who are “Law and order”? We are an independent commercial practice designed to provide the highest-quality legal services to our clients. To accomplish this goal, we are committed to recruiting and retaining associates capable of helping us meet that commitment.

This brings me to my next point: what do we have to offer to new associates? A new associate lawyer is generally assigned to a practice area compatible with his or her interests while considering the needs of the firm. However, we remain flexible enough to allow all of our lawyers to explore various areas of practice.

Finally, “Law and order” may be more demanding than an average practice but the rewards are worth it. Think to yourself – where do I want to be by the age of

30? Some of you will, I hope, be partners with “Law and order”.

OK, that’s everything I wanted to say about our firm. I’d be very happy to answer any questions you may have.

Franchising

(Sample of text analysis)