We speak legal English. Matters at law. Материалы межвузовской научно-практической конференции (Москва, 27 ноября 2015 г.)

ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ ОБРАЗОВАТЕЛЬНОЕ УЧРЕЖДЕНИЕ ВЫСШЕГО ОБРАЗОВАНИЯ «ВСЕРОССИЙСКИЙ ГОСУДАРСТВЕННЫЙ

УНИВЕРСИТЕТ ЮСТИЦИИ (РПА МИНЮСТА РОССИИ)»

WE SPEAK LEGAL ENGLISH:

MATTERS AT LAW

Материалы межвузовской научно-практической конференции (Москва, 27 ноября 2015 г.)

ISBN 978-5-00094-309-0

©ВГУЮ (РПА Минюста России), 2016

©Оригинал-макет, оформление.

ООО«Ай Пи Эр Медиа», 2016

УДК 811.111

ББК 81.2 Англ. W 37

Ответственный редактор:

А. А. Лебедева, доктор филологических наук, профессор, заведующая кафедрой иностранных языков

ВГУЮ (РПА Минюста России)

Редакционная коллегия:

Г. А. Аксенова, кандидат филологических наук, доцент, профессор кафедры иностранных языков ВГУЮ (РПА Минюста России)

Л. В. Шестакова, доцент кафедры иностранных языков ВГУЮ (РПА Минюста России)

W 37 We speak legal English: MATTERS AT LAW [Электронный ресурс] : материалы межвуз. науч.-практ. конф. (Москва, 27 ноября 2015 г.) / отв. ред. А. А. Лебедева; ВГУЮ (РПА Минюста России). — Электрон. дан. и прогр. (5 Мб). — М. : ВГУЮ (РПА Минюста России) ; Саратов : Ай Пи Эр Медиа, 2016. — Учебное электронное издание : 1 электрон. опт. диск (CD-ROM). — 10 экз. — Систем. требования: Intel; Microsoft Windows (XP, Vista, Windows 7); дисковод CD-ROM, 512 Мб ОЗУ; раз- решение экрана не ниже 1024×768; ПО Adobe Air, ПО IPRbooks Reader, мышь. —

Загл. с титул. экрана.

В настоящем издании представлены материалы, подготовленные по ито- гам проведения межвузовской научно-практической конференции “We speak legal English: MATTERS AT LAW”.

Конференция направлена на совершенствование иноязычной професси- онально ориентированной компетенции учащихся юридических вузов и фа- культетов. В рамках данного мероприятия были также рассмотрены вопросы лингвистики и культурологии.

Предназначено для филологов, правоведов, преподавателей иностранно- го языка, аспирантов, студентов высших учебных заведений.

УДК 811.111

ББК 81.2 Англ.

Учебное электронное издание

Минимальные системные требования: процессор стандартной архитектуры x86 с тактовой частотой от 1,6 ГГц и выше; операционная система Microsoft Windows XP, Vista или Windows 7; от 512 Мб оперативной памяти; от 1 Гб свободного пространства на жестком диске; разрешение экрана не ниже 1024×768; программа Adobe Air.

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А. Р. Абубакирова, В. Т. Антонян

Terrorism

The word ”terrorism” is controversial. Definitions of ”terrorism” generally involve some or all of the following: 1) a terrorist act is generally unlawful; 2) it is violent and may be life threatening; 3) the violence is politically motivated; 4) the direct targets are civilians; 5) the direct targets may not be the main targets; 6) the main targets may be one or more nations, states, governments, or societies; or a political, ethnic, or religious group, or an industry or commercial operation, within those societies; 7) the objective is usually to frighten the main targets; 8) there may or may not be a claim of responsibility.

Types of terrorist incidents

The most common types of terrorist incidents include: Bombings

Bombings are the most common type of terrorist act. Typically, improvised explosive devices are inexpensive and easy to make. Modern devices are smaller and are harder to detect. They contain very destructive capabilities. Terrorists can also use materials that are readily available for the average consumer to construct a bomb.

Kidnappings and hostage-takings

Terrorists use kidnapping and hostage-taking to establish a bargaining position and to elicit publicity. Hostage-taking involves the seizure of a facility or location and the taking of hostages. It is overt and designed to attract and hold media attention.

Armed attacks and assassinations

Armed attacks include raids and ambushes. Assassination is the killing of a selected victim, usually by bombings or small arms. Drive-by shootings is a common technique employed by unsophisticated or loosely organized terrorist groups.

Arsons and firebombing

Incendiary devices are cheap and easy to hide. Arsons and firebombing are easy to conduct by terrorist groups that may not be as well-organized, equipped, or trained as a major terrorist organization.

Hijackings and skyjackings

Hijacking is the seizure by force of a surface vehicle, its passengers, and/or its cargo. Skyjacking is the taking of an aircraft, which creates a mobile hostage barricade situation. It provides terrorists with hostages from many nations and draws heavy media attention.

Other types of terrorist incidents

In addition to the acts of violence discussed above, there are also numerous other types of violence that can exist under the framework of terrorism. Cyberterrorism is a new form of terrorism that is only going to increase in profile as we rely on computer networks to relay information and provide connectivity to today’s modern and fast-paced world. Cyberterrorism allows terrorists to conduct their operations with little or no risk to themselves. It also provides terrorists an opportunity to disrupt or destroy networks and computers. This type of terrorism isn’t as high profile as other types of terrorist attacks, but its impact can be very destructive.

There are three perspectives of terrorism: the terrorist’s, the victims’, and the general public’s. The phrase ”one man’s terrorist is another man’s freedom fighter” is a view that terrorists themselves would gladly accept. Terrorists do not see themselves as evil. They believe they are legitimate combatants, fighting for what they believe in, by whatever means possible to attain their goals. A victim of a terrorist act sees the terrorist as a criminal with

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no regard for human life. This sympathetic view of terrorism has become an integral part of their psychological warfare and has been countered vigorously by governments, the media and other organizations.

In spite of everything, this problem is one of the most pressing in our world.

Ю. Н. Авдеева

On juvenile justice Scandinavian model

Recently, the public has been impressed by the Scandinavian news: a Russian mother had been deprived of her child in the Denmark Kingdom by the tutelage officials. It was followed by the news from Norway and Finland. The withdrawal reasons are different: school and kindergarten officials reports, neighbours’ information, other reports about psychological and physical violence. Although, the situation around the family in Denmark is just the tip of the iceberg.

Initially, the idea of Juvenile Justice (further on — JJ) aimed only to create the specialized children courts, and it was realized in the USA, Chicago, with the first children court in 1899. Then, the idea grew broader, getting a shape some years later as a ”juvenile system”, consisting of some offices considering different questions of childhood. In the UK, a row of statutes on children and youths was adopted in 1908. In France, a juvenile court was started in 1914 by an engineer Eduard Juilles, who made a report on his coming back from the USA at the Social Museum in Paris (1906). The first juvenile court in Russia had been functioning since January, 1910 till 1918.

The JJ system is a complex of state bodies, local government boards, state and municipal offices, officials, non-governmental and non-commercial organizations, performing on the legal basis the legally fixed procedures, aimed at the young child’s rights, freedoms and legal interests realization provision. Presently, there are several types of these systems in the world practice:

•Anglo-American,

•Continental,

•Scandinavian.

The Scandinavian model seems to be closer to the Russian reality of work with problem children. This model is characterized with following:

social officials’ leading role;

rare cases of an offender’s imprisonment below getting legal age.

In many countries of the West, the JJ courts operate hushed. Within some days’ period they decide cases on children’s withdrawal from the families, without barristers’ presence, outside the general justice system.

The rights of a child are understood completely distortedly, minding that the children are permitted to do everything, and any attempts of upbringing and punishing them by the parents are understood as the children’s rights violation, followed with the parents’ rights withdrawal and the punishment, including criminal responsibility.

Danish legislation states: ”The children have right to care and safety. Children are to be treated with respect to their personality; they are not to undergo corporal punishments or any other human dignity humiliating treatment”. In Denmark, since 1998, the ”Social service law” is acting. According to it, the state provides help to the mentally and physically handicapped people, also to the people ”having social problems of a special character”.

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Teenagers can be included here, as their rights may be damaged not by somebody, but by their own parents.

The interference range depends on the character and gravity of the issue, varying from a prophylactic lecture to a family therapy course. With an unsatisfactory result, or with a matter not to be delayed, the municipal services perform an extreme measure, the child withdrawal, either with the parents’ consent or without it. Very often, the children just do not come back home after school.

One more country with a well-developed JJ system is Norway. Immigrants’ families or the ones with a ”foreign element” (a husband or a wife is another state citizen) are direct objects of control by the social services. ”Barnevern” is a sort of society for children protection. It withdraws children from indigent families, from single mothers.

In case with a Russian citizen, it was sufficient to get a report from the kindergarten teacher to arrange observation of her family, and to come to a conclusion a short time after, that the child needed the tutelage. The reason was simple: the child didn’t look straight into the eyes of an adult interlocutor; and a conclusion was drawn on child’s being an object of his parents’ violence.

The reasons to complain to that service may be different. For example, if a child is made to bring his or her room in order and take out the household refuse. It is called ”the forced usage of children labour”.

Вarnevern, as a children’s rights defense organization, has broad authorities. To withdraw a child, it is enough to have the opinion of one person — a school teacher, a doctor, a medical nurse, a kindergarten manager, a Barnevern official himself, if he or she disliked something.

The children rights protection committee is a serious organization, having unlimited authorities and a well-tuned mechanism of its activity. To defend the children’s rights and improve the treatment conditions, they have a broad range of measures: starting with psychologists’ and teachers’ help up to financial and consultative support, and even to parents’ rights withdrawal and replacing the child into another family. According to Norwegian tutelage bodies report, in 2014, for 5 million population, 40 thousand children were withdrawn. The child protection system in Norway is based on the parents’ guilt presumption. A parent is to be blame first of all.

Our social system reformers should be more attentive when they insist on adoption of the Western experiences. Thus, we have deep reasons to doubt the successfulness of their practice.

И. А. Айрапетова

Three generations of human rights

It’s evident almost to every educated person that basic, fundamental people’s rights and other rights and liberties coming out of them provide different aspects of life. These aspects are personal, political, social, economic and cultural. According to that, these rights are structured into categories and names. However, these human rights are different not only in spheres of life but also in the origin time. From this appeared a term ”three generations of human rights”. The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg. He used the term at least as early as November 1977.

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Vasak’s theories have primarily taken root in European law. His divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity. The three generations are reflected in some of the rubrics of the Charter of Fundamental Rights of the European Union.

So, the first-generation human rights accept traditional liberal values having been formed during the process of bourgeois revolutions, and then concretized and spread in practice and legislation of democratic countries. The matter is in civil and political rights. The theory of negative and positive rights considers the first-generation human rights to be generally negative rights: they obliged government to refrain from interference into the sphere of personal freedom and create conditions for citizens’ participation in political life.

The second generation of human rights was formed during the process of national struggle for improving their economic level and cultural status. These rights are called positive rights. At the end of 19th –the beginning of 20th century new liberalism put forward the idea of social reformation that had an intention to ease the opposition between the rich and the poor. Second-generation human rights originated from this idea. By the way, a wide range of such rights was enshrined in the Soviet Constitution of 1936, although some of them (e.g. right to education) as the program was announced in the Constitution of the RSFSR in 1918. In parallel with social transformations in the Soviet Union was the reformation of economic relations, because real life inevitably put forward the problems of formation of system of people’s social protection. It was particularly important in the 20th century to form this system because of the growth of aspirations of our workers to improve the economic conditions of existence. Although the social protection turned out to be minimal, it nevertheless existed and had an influence on social consciousness of the world and on the formation of the second-generation human rights: learning from our experience, lots of bourgeois countries were afraid of social outbreaks. So, legal expression of economic, social and cultural rights (the right to education, right to housing, right to adequate standard of living, right to health and the right to science and culture) in the Universal Declaration of Human Rights and especially in the International Covenant on Economic, Social and Cultural Rights have become a great step to the development of human rights.

The post-war period was the time of formation of the third generation of human rights. The peculiarity of these rights is in their collective character. In Karel Vasak’s view, such rights are based on solidarity and they are: the right to economic and social development, peace, healthy environment, participation in cultural heritage, the right to communicate. The latter is connected with the conception of the New World Information Order.

The third-generation human rights are collective rights but not ”new” individual rights. Of course, individuals take part in realization of such rights. However, this participation is connected not with their personal status but with their position as a member of any community.

А. Х. Айсина

The statute of limitations

I would like to talk about statutes of limitations. Statutes of limitations are laws passed by a legislative body in common law systems to set the maximum time after an event when legal proceedings may be started. When the period of time specified in a statute of limitations passes, a legal claim can no longer be filed. The intention of these laws is

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