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English for Law Enforcement Professionals (Английский язык для сотрудников правоохранительных органов). Ч.1. Учебное пособие

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13. 29. Подберите синонимы (А) и антонимы (В):
1) to adopt a law
a) to enact
2) to specify
b) legislative
3) to guarantee
c) to consider
4) a bill
d) a liberty
5) to ordain
e) a statute
6) a freedom
f) to ensure
7) to regard
g) to codify
8) law-making
h) to pass a law
1) written
a) rigid
2) dependence
b) to violate
3) flexible
c) to reject
4) an authority
d) unwritten
5) to adopt
e) a power
6) to observe
f) independence
A)
B)
13.30. Объясните значения следующих терминов-выражений на
английском языке. Приведите примеры с ними:
an autonomous political entity; the superior legal force; nationwide referendum; a set of rules; a governmental power; rights and duties; to proclaim democratic freedoms; a social origin.
13.31. Cоставьте список черт Конституции России, которые
Вы считаете наиболее значительными.
13.32. Прочитайте, переведите и прокомментируйте:
After the elections the President of Russia swears on the Constitution
of the Russian Federation. This moment is an important component of the
President’s inauguration ceremony. The attributes of the ceremony are: the
flag of Russia, the anthem of Russia and coat-of-arms. The inauguration of the Russian President was not always the same. For instance, in 1991 the
181
first President of the Russian Federation Boris Yeltsin swore on the special folds containing the text of the Constitution of the Russian Soviet Federat­ed Socialist Republic and Declaration of the state sovereignty of Russia.
During the second term Yeltsin’s inauguration in 1996 he swore on the
Constitution of the Russian Federation, a single copy of which was issued as a special edition. At the threshold of the Russian President’s inaugura­tion of 2000 President Vladimir Putin repealed the Edict of 1996 concern­ing the Presidential regalia. From then the copy of the Constitution ceased to be the symbol of the presidential power.
13.33. Прочитайте некоторые статьи Конституции Россий-
ской Федерации:
Chapter 1. The Fundamentals of the Constitutional System
Article 14
1. The Russian Federation is a secular state. No state or obligatory
religion may be established.
2. Religious associations shall be separate from the State and shall be
equal before the law.
Article 15
3. Laws shall be officially published. Unpublished laws shall not be
used. Normative legal acts concerning human rights, freedoms and duties of human and citizen may not be used, if they are not officially published for general knowledge.
Chapter 2. Rights and Freedoms of Man and Citizen
Article 17
2. Fundamental human rights and freedoms are inalienable and
shall be enjoyed by everyone from the day of birth.
3. The exercise of the rights and freedoms of human and citizen
shall not violate the rights and freedoms of other people.
Article 19
1. All people shall be equal before the law and courts.
2. The State shall guarantee the equality of rights and freedoms of
human and citizen, regardless of sex, race, nationality, language, origin, property and official status, place of residence, religion, convictions,
182
membership of public associations, and also of other circumstances. All forms of limitations of human rights on social, racial, national, linguis­tic or religious grounds shall be banned.
3. Men and women shall enjoy equal rights and freedoms and
have equal possibilities to exercise them.
Article 20
1. Everyone shall have the right to life.
2. Capital punishment until its complete abolition may be envis-
aged by a federal law only as a penalty for especially grave crimes against life, and the accused shall be granted the right to have his case examined by a jury.
Article 22
1. Everyone shall have the right to freedom and personal immunity.
2. Arrest, detention and remanding in custody shall be allowed
only by court decision. Without the court's decision a person may not be detained for a term of more than 48 hours.
Article 26
1. Everyone shall have the right to determine and indicate his na-
tionality. No one may be forced to determine and indicate his or her na­tionality.
2. Everyone shall have the right to use his or her native language,
to a free choice of the language of communication, upbringing, educa­tion and creative work.
Article 29
1. Everyone shall be guaranteed the freedom of ideas and speech.
2. Citizens of the Russian Federation shall have the right to elect and
be electedto state bodies of power and local self-government bodies, and also to participate in referenda.
Article 37
183
1. Labour is free. Everyone shall have the right to freely use his la-
bour capabilities, to choose the type of activity and profession.
5. Everyone shall have the right to rest and leisure. Those working
under labour contracts shall be guaranteed a fixed duration of working time, days off and holidays, and annual paid leave established by federal law.
Article 39
1. Everyone shall be guaranteed social security at the expense of
the State in oldage, in case of illness, disability, loss of the bread­winner, for bringing up children and in other cases established by law.
2. State pensions and social allowances shall be established by law.
Article 41
1. Everyone shall have the right to health protection and medical
aid. Medical aid in state and municipal health establishments shall be rendered to individuals gratis, at the expense of the corresponding budg­et, insurance contributions and other proceeds.
Article 43
1. Everyone shall have the right to education.
3. Everyone shall have the right to receive on a competitive basis a
free highereducation in a state or municipal educational establishment and at an enterprise.
4. The basic general education shall be free of charge. Parents or
those acting as such shall enable their children to receive a basic general education.
5. The Russian Federation shall establish federal state educational
standards and support various forms of education and self-education.
Article 45
1. State protection of the rights and freedoms of human and citizen
shall be guaranteed in the Russian Federation.
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2. Everyone shall be free to protect his rights and freedoms by all
means not prohibited by law.
Article 46
1. Everyone shall be guaranteed judicial protection of his rights
and freedoms.
Article 48
1. Everyone shall be guaranteed the right to qualified legal assis-
tance. In cases envisaged by law the legal assistance shall be free.
Article 59
1. Defense of the Fatherland shall be a duty and obligation of citi-
zens of the Russian Federation.
2. A citizen shall carry out military service according to federal
law.
3. A citizen of the Russian Federation shall have the right to re-
place military service by alternative civilian service if his convictions or religious belief prohibit military service and also in other cases en­visaged by federal law.
Article 60 A citizen of the Russian Federation may exercise his or her rights
and duties in full from the age of 18.
13.34. Подберите одно правильное слово из данных в скобках:
1. All citizens of Russia are (equally, equal, equality) before the law. The fifth (constitute, constitutional, constitution) was adopted on
December 12, 1993.
The right to (election, elect, elective) and to be elected is guaran-
teed by the Constitution.
The Constitution defines and confirms the basic rights and duties
of (citizenship, citizenry, citizens).
The article of the Russian Constitution reads that military (ser-
vice, serve, servant) in the Armed Forces of Russia is an honourable duty of the Russian citizens.
185
Under the (lawful, law, lawyer) every citizen of our country at the
to abolish decisions – отменить решения
on behalf of – от чьего либо имени
original jurisdiction – юрисдикция суда первой инстанции
to examine a case in substance – рассмотреть дело по существу
to bring in a sentence, decision – выносить приговор, решение
reconsideration – повторное рассмотрение
at discretion – по усмотрению
constituent entity – составная часть самостоятельного образо-
вания
to resolve disputes – разрешать споры
electoral right – избирательное право
to determine the case – решать дело
appellate jurisdiction – апелляционная юрисдикция
age of 21 can be elected to the Parliament.
13.35. Обсудите:
1. Analyze the obligations and legal freedoms of a Russian citizen.
What are themost important to you? Would you like to change or add any­thing?
2. State your proposals on drawing up some new articles of the Con-
stitution of the Russian Federation.
3. Is it possible to compare the legal freedoms of countries with dif-
ferent cultures and economic levels?
13.36. Выучите новые слова, перед тем как прочитать
текст:
13.37. Прочитайте и переведите текст:
The Judiciary of the Russian Federation
In all legal systems there are institutions for creating, modifying,
abolishing and applying the law. Usually these take the form of courts. The court is a state body that administers justice on behalf of the state. There are courts of first instance (original jurisdiction) and second in­stance (appellate jurisdiction). A court in which a case is first heard is called the court of first instance. The court of original jurisdiction is one which first examines a case in substance and brings in a sentence or de-
186
cision. Any court, from the district court to the Supreme Court of the state may sit as a court of first instance. In almost all cases it is possible to appeal to the higher court for reconsideration of the decision of the original court. A court of second instance is one which examines ap­peals and protests against sentences and decisions of courts of first in­stance.
According to the Constitution of the Russian Federation, the judi-
ciary in Russia is not a single whole; it is split into three branches: the regular court system with the Supreme Court at the top, the arbitration court system with the High Court of Arbitration on top, and the Consti­tutional Court as a single body with no courts under it. The major link in the regular court system is the people's (district) court. It serves each city district or rural district. It tries both criminal and civil cases. It is also the duty of the district courts to protect the electoral rights of citi­zens.
In 1993 Russia started to experiment with jury trials (panels of
twelve jurors). A jury trial is only available in serious crimes. Whenev­er there is a dispute between business entities, the case is taken for trial by the courts of arbitration (business or economic courts in fact). The system of these courts is on two levels topped by the High Court of Ar­bitration. But if a party to a civil case is a private citizen, not involved in business activities, the dispute has to be handled by a court of gen­eral jurisdiction.
The Supreme Court of the Russian Federation is the court of last
resort in Russian administrative law, civil law and criminal law cases. It also supervises the work of lower courts. The Supreme Court of the Russian Federation has original jurisdiction in certain cases. They in­clude: challenging of individual acts of the Federal Assembly and de­crees of the President of Russia and the Government of Russia; termi­nation of political parties; challenging of actions of Central Electoral Commission of Russia. The Supreme Court may also hear criminal cas­es against the members of the Federation Council of Russia and the State Duma and federal judges at their discretion. The Supreme Court of Arbitration of the Russian Federation is the court of final instance in
187
commercial disputes in Russia. The Constitutional Court of Russian Federation is a high court which is empowered to rule on whether or not certain laws or presidential decrees are in fact contrary to the Consti­tution of Russia. Its objective isonly to protect the Constitution (in Rus­sian constitutional law this function is known as "constitutional control" or "constitutional supervision") and deal with a few kind of disputes where it has original jurisdiction.
Judges are appointed by the Federation Council of Russia on the
recommendation of the President of Russia, whereas other judges for all federal courts are appointed simply by the President. In order to become a judge a person must attain the age of 35, have legal education and 10­years length of service. Only nationals of Russia can serve as judges.
13.38. Переведите эти слова:
judicial, court of first instance, case of major importance, sit in
public, higher court, lower court, district court, regional court, city court, right to defense, examine, appeal, protest, basis, criminal, civil, activity, public, collegiums, military, period, material.
13.39. Соответствуют ли содержанию текста эти утвер-
ждения? Если не соответствуют, исправьте их:
1. The court of original jurisdiction is one which first examines a
case in substance.
2. The Supreme Court of the state may not sit as a court of first in-
stance.
3. It is impossible to appeal to higher court for reconsideration of
the decision of the original court.
4. Constitutional Court, Supreme Court, and Supreme Court of Ar-
bitration judges are elected by popular vote.
5. In order to become a judge a person must attain the age of 35.
6. Only nationals of Russia can serve as judges.
13.40. Переведите на русский язык:
суд оригинальной юрисдикции; пересмотр дела судом Высшей
инстанции; судебный надзор, осуществляемый Верховным судом; судья Высшего Арбитражного суда; кандидат с десятилетним ста-
188
жем; приговор суда низшей инстанции; суд общей юрисдикции; суд присяжных; назначать судей.
13.41.Ответьте на следующие вопросы:
1. What is the role of each court?
2. What is the function of a court of first instance?
3. What is the basic judicial body of state?
4. What is the function of a court of second instance?
5. What cases does a district court consider?
6. What are the functions of the Supreme Court?
7. What is the status of judges?
8. Are judges appointed or elected?
9. What term are the judges appointed for?
13.42. Прочитайте следующий текст:
The Duties of the President of the Russian Federation
The President is the head of the state and determines the basic ob-
jectives of the internal and external policy of the state. He is elected for four years on the basis of universal, equal and direct right to vote by secret ballot for all eligible citizens. One and the same person cannot serve as President for more than two terms in succession. The President stops performing his duties ahead of time if he resigns, because of im­peachment, or if he cannot continue to carry out his duties due to poor health. Elections of a new President are to take place within three months and in the meantime his duties are acted upon by the Chairman of the Government of the Russian Federation.
The President appoints, with the consent of the State Duma, the
Chairman of the Government of the Russian Federation, chairs the meetings of the government, adopts the decisions on the resignation of the government. The President nominates to the State Duma a candidate for appointment to the post of the Chairman of the Central Bank, pre­sents to the Federation Council candidates for the posts of the Constitu­tional and Supreme Court justices, Supreme Arbitrage Court justices, and a candidate for the post of Prosecutor General. The President forms and heads the Security Council. He is the Supreme Commander-in­Chief of the Armed Forces of the Russian Federation and appoints and
189
dismisses the supreme commanders of the Armed Forces. He appoints diplomatic representatives for approval by the Parliament. He confers supreme military and supreme special titles and honorary titles of the state. He has the right to show mercy and to decide on issues of citizen­ship. He has the right to introduce the state of emergency throughout the country or in a particular territory within the Russian Federation. The President has the right to dissolve the State Duma (if it doesn't agree with his suggestions three times), to announce elections ahead of time and to pass the decision to conduct a referendum on federal issues. The President has his administration, but it's not a part of the Federal Government. The President is involved in the work of the legislative and executive branches.
13.43. Обсудите следующие вопросы:
1. Discuss on the position and competence of the President.
2. Make a report "The powers and responsibilities of the Russian
President" according to the recent amendments in the Russian Constitu­tion. Use newspaper articles for additional information.
3. Critically examine the role of the President and the Prime Min-
ister.
4. Comment on: 1) "No man is good enough to govern another
man without that other's consent" (Lincoln); 2) "No man will ever bring out of the Presidency the reputation which carries him into it" (Jeffer­son).
190