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Английский язык в сфере юриспруденции. Учебное пособие

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21
What is the poem/song saying about human rights and
SUGGESTED SONGS
“Give Peace a Chance and Im­agine” by John Lennon “Shelter” by Sarah McLachlan “Strange Fruit” by Billie Holiday “Black Day in July” by Gordon
Lightfoot
“They Dance Alone” by Sting “Tears are Not Enough” by
Bryan Adams and David Foster
SUGGESTED POEMS “God to Hungry Child” by Lang­ston Hughes “Ain’t I A Woman” by Sojourer Truth
“Requiem” by Anna Akmatova “The Unknown Citizen” by
W. H. Auden
“Hope” by Ariel Dorfman “From a Man in Solitary” by
Nazim Hikmet
justice (or injustice/oppression)?
What images reinforce the meaning behind the po-
em/song?
What are the historical circumstances surrounding this
poem/song? (briefly summarize)
Do you agree or disagree with the ideas expressed in
this poem/song?
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UNIT 3. THE STATE SYSTEM OF RUSSIA
Executive power
Legislative power
Judicial power
VOCABULARY
Exercise 1. Read the words and translate them into Rus-
sian.
Government, republic, branch, assembly, chamber, the Council of Federation, the State Duma, the President, the Prime Minister, court, the Ministry of Justice, federative, federal, pres­idential, legislative, executive, judicial.
Exercise 2. Read the text and put the words in bold in the correct place in the box.
The Russian Federative Republic is a presidential republic. The federal government consists of three branches: legislative, executive and judicial. The legislative branch is represented by the Federal Assembly. It has two chambers. The upper chamber is the Council of Federation. The lower chamber is the State Duma. The executive branch is represented by the government. The judicial power is represented by courts and administered by
the Ministry of Justice.
Exercise 3. Name
1) the Russian President
2) the Prime Minister
3) the head of the Federal Assembly
4) the head of the Council of Federation
5) the head of the State Duma
6) the Minister of Justice
23
SPEAKING
Exercise 4. Speak on the Russian State System according to
the plan.
1. Form of government (a presidential republic; the head
of the state)
2. The legislative power (the Federal Assembly; the Coun-
cil of Federation; the State Duma)
3. The executive power (the government)
4. The judicial power (courts; the Ministry of Justice).
5. Use the names of the President, the Prime Minister, the
head of the Federal Assembly, the head of the Council of Federa­tion, the head of the State Duma, the Minister of Justice.
ROLE PLAY
Exercise 5. Roleplay the dialogue.
Background
An American student of international relations has come to Russia on an exchange program. He/she is taking a course on Po­litical Science here and has to write a paper on the Russian state system. He/she needs your advice as to planning his/her paper. Help him/her work out a plan for his/her paper and comment on each item of the plan. Use the plan from exercise 4. Take a role. Include the next information and the phrases for giving advice and asking for advice.
1) name
2) age
3) where do you come from?
4) place of studying
5) what do you study
6) the purpose of your visit to Russia
24
Asking for advice
I am out of ideas. Can you rec­ommend me…? What shall I write about next? Could you give me some ad-
vice… ? Do you have any idea …?
Giving advice
Firstly, secondly, thirdly, in the
fourth place…. You’d better …. You should also mention …. I think you could begin with …. I don’t think you should….
Read the phrases of Speaker 2 and complete the sentences
of Speaker 1. Use phrases for asking for advice.
Speaker 1…. Speaker 2 I think you could begin with the form of gov-
ernment. Russia is a presidential republic.
Speaker 1…. Speaker 2 Secondly, you should write about three branch-
es: legislative, executive, judicial.
Speaker 1…. Speaker 2 If I were you, I’d give more details on the legisla-
tive branch. You should mention that the legislative branch is represented by the Federal Assembly. It has two chambers. The upper chamber is the Council of Federation. The lower chamber is the State Duma.
Speaker 2 Then you say that the executive branch is repre-
sented by the government. In the same way you describe that the judicial power is represented by courts and administered by the Ministry of Justice.
Speaker 1….
Speaker 2 You’d better write the names of the President, the Prime Minister, the head of the Federal Assembly, the head of the Council of Federation, the head of the State Duma and the Minister of Justice .
exercise 5 from the very beginning.
Exercise 6. Close the book and roleplay the dialogue from
25
UNIT 4. THE COURT SYSTEM OF RUSSIA
VOCABULARY
Exercise 1. Read the words and guess their meanings.
system, institution, interpret, form, jury, magistrate, federa­tion, constitutional, arbitration, supreme, dispute, federal, prac­tice, local, supervise, military, garrison, administrative, criminal, contract, bank account, bankruptcy, subject, recommendation, re­gional, appellate, first instance, complex, serious, alternatively, force, hooliganism, public, drunkenness, traffic, labour.
Exercise 2. Translate the word combinations into Russian. Use the chart at page 27.
Верховный cуд, Конституционный суд, Конституцион­ный суд субъекта Российской Федерации, городские суды, мировые суды, военные флотские, военные гарнизонные су­ды, арбитражные апелляционные суды, федеральные ар­битражные суды округов, арбитражные суды субъектов Рос­сийской Федерации.
READING
Exercise 3. Read and translate the text.
The Court System of Russia
In all legal systems there are institutions for interpreting and applying the law. Justice is administered in the Russian Federation only by courts. The court is a state body where trials take place and legal cases are decided, especially in front of a judge, a jury or a magistrate. The judicial power is self-dependent and acts inde­pendently from the legislative and the executive powers.
The Constitutional Court and the Supreme Court are at the top of the Court System of the Russian Federation.
26
The Constitutional Court of Russia deals with judicial disputes between two or more federal bodies. It practices constitutional review. It decides whether federal laws and local laws comply with the federal constitution.
The Supreme Court of Russia is the highest court. It supervis­es the work of lower courts including military garrison courts, dis­trict navy courts. It deals with civil, administrative and criminal cases. The Supreme Court serves as a court of first instance in cas­es where important interests of the state are at issue. In this case it normally consists of a judge and a jury, but occasionally consists of three judges.
The Supreme Court is also the highest court for settling eco­nomic disputes, dealing with rights of ownership, contract chang­es, loans, bank accounts, and bankruptcy. The Supreme Court su­pervises federal arbitration courts of the subjects of the Russian Federation, arbitration appellate courts, federal district arbitration courts.
The Constitutional Court and the Supreme Court judges are appointed by the Council of Federation on the recommendation of the President of Russia.
District courts are the basic elements of the system of courts of general jurisdiction. These courts handle most civil, criminal and administrative cases. District courts are courts of first instance but sometimes hear appeals from magistrate courts. As courts of first instance, they deal with criminal cases where imprisonment is more than 3 years.
Magistrate courts handle criminal cases where imprisonment is less than 3 years such as petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labour cases, as well as some federal administra­tive law cases.
27
THE COURT SYSTEM OF THE RUSSIAN FEDERATION
28
1. Mariya Shapovalova lives in Kemerovo. Her father lived in Ivanovo. On April, 18 in 2012 she got a letter informing her about
her father’s death. Mariya couldn’t arrive
A district arbitration court
Exercise 4. Decide whether these statements are true or false. Correct them.
1. The Constitutional Court of Russia deals with judicial dis-
putes between two or more federal bodies.
2. The Supreme Court decides whether federal laws and lo-
cal laws comply with the federal constitution.
3. The Supreme Court of Russia is the highest court.
4. The Constitutional Court of Russia supervises the work of
lower courts including military garrison courts, district navy courts.
5. The Supreme Court serves as a court of first instance in
cases where important interests of the state are at issue.
6. The Supreme Court is the highest court for settling eco-
nomic disputes.
7. The Constitutional Court and the Supreme Court judges
are appointed by the President of Russia on the recommenda­tion of the Council of Federation.
8. District courts are primary appellate courts.
9. District courts are courts of first instance but sometimes
hear appeals from magistrate courts.
10. District courts deal with criminal cases where impris-
onment is less than 3 years.
11. Magistrate courts sit as both courts of first instance
and appellate courts.
12. Magistrate courts handle criminal cases where im-
prisonment is more than 3 years.
Exercise 5. Read the information on the court cases below and say where they can be heard.
29
in Ivanovo right after his death because the flight ticket was unaffordable for her. She did not accept the heirship and now
her father’s flat belongs to the municipal
authorities of Ivanovo. The plaintiff ap­plies to court to recognize her right to
own her father’s property.
2. Alexander Sidorenko filed a claim against the private entrepreneur Sergey Lazarev. Alexander demanded redhibition on account of some defect in the mobile phone he bought from Lazarev’s shop. The plaintiff insisted on a refund and award of damages.
An arbitration appel­late court
3. Arkhangelsk district court applies to court to verify constitutionality of Article
159.4 of the Criminal Code in respect of S. A. Petrukhin’s case. S. A. Petrukhin is the head of a construction company. He misappropriated 7, 5 million roubles that belonged to his clients. Due to the amendments to the Criminal Code in 2012 Petrukhin’s case was reclassified from Article 159 of the Russian Criminal Code (fraud) to Article 159.4 (entrepre­neurial fraud). As a result his punishment became milder.
The Supreme Court
The Constitutional Court
4. Andrey Ivanov applies to court to rein­state him in his former job at the Federal Drug Control Service in Krasnodar region. He also insists on awarding moral damag­es and back pay.
5. The Pension Fund of the Russian Fed­eration for Leninsky district in Smolensk
A magistrate court
30
City sues Co Ltd “Amix” to recover penal­ty for out-of-time reporting their employ­ees’ personal information.
6. Co Ltd “Fun Food” applied to Moscow arbitration court to recover a debt that the joint-stock company “Plastic” owed Co Ltd “Fun Food”. The court satisfied the claim. However, “Plastic” applied to a su- perior court so that the record of pro­ceedings in Moscow arbitration court could be sent up for review.
A district court
Exercise 6. Speak on the Russian court system. Use the chart at page 27
CASE STUDY
Meet Candidates for the Post of a Judge
Background
Who can become a judge in Russia? – Citizens of the Rus­sian Federation, aged 25 and older, holding a law degree from an institution of higher learning, with no criminal record and having worked in the law profession for at least five years may become judges.
Often candidates acquire experience serving as assistants or supporting personnel at courts rather than by consulting cli­ents or working as in-house lawyers. A candidate for the post of a judge should not be related to the chairman or the vice­chairman of the same court.
with a qualification examination. Qualification Commissions are
Selection of candidates to hold the post of a judge begins
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