English_for_Lawyers_2011

Unit 4. Administrative Proceedings. Section 2. Ukrainian Customs Law

Customs bodies of Ukraine constitute the system of executive organs for managing customs matters (customs system), that consists of the State Customs Committee of Ukraine, regional customs directorates, customs houses, and other customs institutions.

Customs bodies of Ukraine, their means of auto transport, sea and river boats and aircraft bear distinctive emblem and flag. Description of the flag and distinctive emblem is adopted by the Verhovna Rada of Ukraine. The State Customs Committee of Ukraine is created by President of Ukraine. The Statute of the State Customs Committee of Ukraine is adopted by President of Ukraine.

Regional customs directorates are created by the Cabinet of Ministers of Ukraine. Creation, reorganization, and liquidation of customs houses and other customs institutions is conducted by the State Customs Committee of Ukraine provided with agreement of the Ministry of Finance of Ukraine.

State bodies, institutions, and public organizations have no right to interfere into service activities of customs bodies of Ukraine, excluding cases envisaged by laws of Ukraine.

Article 6. Competence of customs bodies of Ukraine

Legislation of Ukraine establishes competence of customs bodies concerning performing of the following functions:

–protection of economical interests of Ukraine;

–control of fulfillment of legislation of Ukraine on customs matters;

–performing obligations concerning international treaties of Ukraine on customs matters;

–implementation of means of customs tariff and non-tariff regulation concerning shipment of goods and other items through the customs border of Ukraine;

–customs clearance and taxation of goods and other items shipped through the customs border of Ukraine;

–execution of complex control of currency transactions together with the National Bank of Ukraine, etc.

Article 7. Customs officers

Only citizens of Ukraine can be customs officers.

Customs officers of Ukraine are conferred special ranks, defined by laws of Ukraine.

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Customs officers committed illegal actions during performance of their duties are prosecuted according to laws of Ukraine.

Article 8. Transfer of commodities and other items through the customs border

Commodities and other items are transferred through the customs border of Ukraine under customs control and are liable to customs clearance.

Article 9. Customs duty and customs fees

Commodities and other items transferred through the customs border of Ukraine are liable to customs duty in compliance with Law of Ukraine "On customs tariff ".

Rates of customs duties are determined by the Cabinet of Ministers of Ukraine on the basis of Customs Code of Ukraine.

Customs duties and customs belong to Ukraine if contrary is not stated in international treaties of Ukraine.

II.DEVELOPMENT

1.Read the text and complete the table.

Customs Declaration of Ukraine

2. Are the following statements true or false?

1)The law of Ukraine on customs matters in Ukraine was adopted on 24 August 1991.

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Unit 4. Administrative Proceedings. Section 2. Ukrainian Customs Law

2)The law of Ukraine on customs matters defines the legal issues of managing customs matters in Ukraine, which is oriented towards forming of common market territory in Ukraine, and customs unions with other states.

3)Customs matters are a part of home political and economic activity of Ukraine.

4)Customs border doesn’t coincide with the state border of Ukraine.

5)Common customs zones and customs unions with other states are created by the European Union on the basis of treaties.

6)General management of customs matters is executed by the Ukrainian Parliament and the Cabinet of Ministers of Ukraine.

7)Customs matters are directly executed by tax police of Ukraine.

8)The Statute of the State Customs Committee of Ukraine is adopted by the Prime Minister of Ukraine.

9)Legislation of Ukraine establishes competence of customs bodies.

10)Only citizens of Ukraine can be customs officers.

3.Use the information in the text to give definitions to the following legal terms:

–customs matters;

–customs border ;

–customs territory;

–customs bodies;

–customs officer.

4.Translate into English:

Митне право України: § 5. Система митного права.

Система правових норм, яка регулює формування і здійснення митної політики, а також набір форм і методів її здійснення, порядок використання митними органами інструментів Митного регулювання при її здійсненні, утворює систему митного права. Первинною клітиною митного права є його норми.

Взаємозалежна сукупність митно-правових норм, що регулює певні групи суспільних відносин, які виникають між митними органами й особами з приводу переміщення останніми товарів і транспортних засобів через митний кордон, прийнято називати інститутами митного права. Порядок розташування цих інститу-

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тів усередині митного права як комплексної галузі визначається їх положенням у Митному Кодексі (МК) України. Тим часом таке положення зумовлене загальними підходами до систематизації права.

Норми митного права — це встановлені державою правила поведінки в митній сфері, які регулюють зміст митної справи і підтримуються примусовою силою держави. Так, згідно зі ст. 7 МК України законодавство України з питань митної справи становлять Конституція України, цей Кодекс, закони та інші нормативно-правові акти з питань митної справи, видані на основі та на виконання Конституції України, цього Кодексу та законів України.

Зважаючи на динамізм митного законодавства і необхідність вирішення тактичних завдань оперативного регулювання зовнішньоекономічної діяльності, МК України передбачив чітку процедуру набрання чинності новим митним законодавством.

III.PRACTICE AND EXPERIENCE

1.Work in pairs. Each pair should consist of a «smuggler» and a «customs officer». The «customs officer» questions «smuggler»

to establish the truth. Using the following word combinations, make up a dialogue.

Customs border ■ taxation of goods ■ transfer of items ■ customs control■ customs house ■ form of declaring of goods ■customs information.

2.You are a specialist in Ukrainian Customs Law. Describe it to your colleagues from the UK using following word combinations.

Word combinations: customs officer ■ customs border ■ illegal actions ■customs control ■ taxation of goods ■ classification and coding of goods ■ form of declaring of export and import of goods ■ customs information.

IV. WRITING

Write a short composition describing your visit to the custom-house and the prevailing atmosphere using active vocabulary.

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V. OVER TO YOU

1. Read the passage and try to guess the object of smuggling.

Sam Lewis was a customs officer. He used to work in a small border town. It wasn't a busy town and there wasn't much work. The road was usually very quiet and there weren't many travellers. It wasn't a very interesting job, but Sam liked an easy life. About once a week, he used to meet an old man. His name was Draper. He always used to arrive at the border early in the morning in a big truck. The truck was always empty. After a while Sam became suspicious. He often used to search the truck, but he never found anything. One day he asked Draper about his job. Draper laughed and said, «I’m a smuggler».

Last year Sam retired. He spent his savings on an expensive holiday. He flew to Bermuda, and stayed in a luxury hotel. One day, he was sitting by the pool and opposite him he saw Draper drinking champagne. Sam walked over.

Sam Hello, there!

Draper Hi!

Sam Do you remember me?

Draper Yes . . . of course I do. You're a customs officer.

Sam I used to be, but I'm not any more. I retired last month. I often used to search your truck…

Draper . . .but you never found anything! Sam No, I didn't. Can I ask you something? Draper Of course you can.

Sam Were you a smuggler? Draper Of course I was.

Sam But.. . the truck was always empty. What were you smuggling?

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Unit 5. Local Authorities

Section 1. Local Government in Ukraine

I. WARMING-UP

1. Answer the following questions:

1.How do you understand the term representative democracy?

2.What do you know about the term self-government?

2.Give as many definitions of the word «government» as you can.

Illustrate them in the word combinations.

3.Match the following English words with their Ukrainian equivalents:

4.Match the words and their transcription. Read and translate the words:

Read the text to understand what information on local government is of primary importance or new for you.

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Unit 5. Local Authorities. Section 1. Local Government in Ukraine

TEXT 1

LOCAL GOVERNMENT

A democracy is any system of government in which rule is exercised either directly by the people (direct democracy) or by means of elected representatives of the people (representative democracy). The acceptance of democratic values such as equality and individual liberty constitutes the essence of democracy. The key idea of democracy is that the people hold sovereign power. According to Abraham Lincoln democracy is «government of the people, by the people, and for the people».

Democracy may take one of the basic forms: direct or indirect. In direct democracy the people realize their power by voting on issues individually as citizens. But such form of democracy exists only in very small societies where citizens can actually meet regularly to discuss and decide key urgent problems (f.e. cantons of Switzerland). In indirect or representative democracy the people elect representatives and delegate them power to make laws and conduct government.

Government is the mechanism through which the public will is expressed and made effective. The public will may be voiced by the people directly, through the agency of the initiative and referendum, but more often it is made manifest by action of the elected representatives in parliaments, legislatures and municipal councils. Representative democracy means a system of limited government where the people are the ultimate source of governmental power.

Any social grouping possesses a kind of governmental structure. Local government is the basis of national self-government. Its essentiality is grounded on providing members of the community with various services for their benefit. The notion of self-government denotes the right and ability of local governmental authorities to exercise the regulation and administration of a considerable part of social rights in the interests of local inhabitants according to their competence and legislature in force. This competence is granted by the Constitution of Ukraine and the Local SelfGovernment Law of Ukraine and local self-government charters. The territory is the basis of the local government. Administratively Ukraine is divided into 24 regions and the autonomous republic of Crimea. Each region has its local government bodies. Local self-government has its common, economic and legal guarantees.

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Every local government area has its council, elected by the inhabitants. Councils are the representative bodies of local self-government. Local councils’ deputies and city mayors are directly elected by the citizens. Mayor leads the executive committee of the respective council and presides at its meetings. The council passes ordinances, the laws of the city sets the tax rate on property, and apportions money among the various local departments.

Material and financial basis of local government is movable and immovable property, revenues of local budgets, land, natural resources owned by territorial communities of villages, settlements, cities, city districts, as well as objects of their common property that are managed by district and oblast councils.

According to the Local Self-Government Law of Ukraine, the functions of local self-government bodies are the following: social, economic and cultural development, planning and registration, budget, finances and prices, administration of the municipal property, housing and communal services, consumer and commercial services, public catering, transport and connection, building, education, health protection, culture, physical training and sport; regulation of land relations and preservation of environment, social protection of population, external economic activity, defensive work, guaranteeing of legality law and order, the rights liberties and legal interests protection of citizens.

II.COMPREHENSION

1.A. Give the definitions for the following terms or explain in other words.

1.democracy

2.rule

3.council

4.ownership

5.authorities

B.Answer the following questions using the information from the text:

1.What are the basic forms of democracy?

2.What way may be the public will exercised in?

3.What does the notion of self-government denote?

4.What are the main functions of the local self-government?

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Unit 5. Local Authorities. Section 1. Local Government in Ukraine

5.What is the form of city government?

6.What is local government responsible for?

7.What is the material and financial ground of the local government?

2.Complete the following sentences according to the information from the text:

1.The acceptance of democratic … such as … and … constitutes the essence of democracy.

2.In indirect or representative … the people elect … and give them

…and … to make laws and conduct ….

3.The council passes…, the … of the city, sets the … on property, and apportions … amond the various local departments.

4.Every local government area has its …, elected by the … .

5.… to local budgets constitute the financial base of … .

3. Match the following legal terms with their definitions:

III.VOCABULARY STUDY

1.MatchthefollowingEnglishwordswiththeirUkrainianequivalents:

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2.Read the following exchange between Mayor Samuel Yorty of Los Angeles and Senator Abraham Ribicoff of Connecticut during a Congressional hearing in 1966 and complete the words. Consult the words from the previous exercise:

SENATOR RIBICOFF: As I listened to your testimony, Mayor Yorty, I have made some notes. This morning you have really waived au…..ty and res…s…..ty in the following areas: schools, w..f…, t….p….t…, e..l..ment, h…th, h..s…, which leaves you as the head of the city basically with a ceremonial function, police and recreation.

MAYOR YORTY: That’s right, and fire.

SENATOR RIBICOFF: And f… .

MAYOR YORTY: Yes.

SENATOR RIBICOFF: Collecting s…g. ?

MAYOR YORTY: Sanitation; that’s right.

SENATOR RIBICOFF: In other words, basically you lack j….d..t…,

..th….y, …..si….y for what makes a city move?

MAYOR YORTY: That’s exactly it.

3.Complete the following sentences by translating the words and expressions in brackets:

1.The functions of (місцева влада) can be divided into two main groups: objective and administrative functions. 2. Various (комунальні служби) are matters of governmental concern. 3. Every local government area has its council, elected by (мешканці). 4. (Рада) passes local normative/non-normative acts, the laws of the city, sets the tax rate on property and (розподіляти) money among the various local departments.

5.(Доходи) to local budgets constitute the financial base of local (органи влади).

IV. GRAMMAR FOCUS

1.Match the adjectives from the left column with the nouns from the right. Translate the word combinations into Ukrainian.

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