English
for lawyers
The 1st year
term 1
Kyiv University. Its Historical and Modern Aspects
Kyiv University is a higher educational establishment, which trains specialists in many fields of knowledge and carries out research. It was founded in 1834 and since then it has made a priceless contribution to the education, science and culture of Ukraine. Although this description can be applied to many other institution of a similar kind, Kyiv University enjoys a special status among the establishments of higher learning in Ukraine. It is the number one Ukrainian university, and a major center of advanced learning and progressive thinking. It consists of more faculties [΄fæk(ə)lti] and departments than any other higher school in Ukraine and provides training of specialists in a greater number of fields than any other comparable Ukrainian educational institution.
Kyiv University is named after Taras Shevchenko, a major figure in Ukrainian arts. Its reputation transcends the boundaries of Ukraine. Since the time of its foundation a hundred and seventy five years ago, the University has been generating progressive ideas, shaping Ukrainian intellect and providing championship of national liberation activity in Ukraine. It has always upheld the Ukrainian freedom-loving spirit.
The first 62 students started their studies at Kyiv University in 1834, in one and the only Faculty of Philosophy, which had two departments: the Department of History and Philology and the Department of Physics and Mathematics. There were new additions to the original faculty in 1835 and 1847: the Faculty of Law and the Faculty of Medicine. Later on, the original Faculty of Philosophy was divided into two separate units: the Faculty of History and Philology and the Faculty of Natural Sciences. There were no more additions to the number of the departments until the 1920s. The names of the University changed several times: Kyiv Emperor’s University named after St. Volodymyr, Kyiv University, Kyiv Higher Institute of People’s Education named after Drahomanov, Kyiv State University named after Taras Shevchenko. The present name of the Alma Mater is Kyiv National University named after Taras Shevchenko.
According to the Statute, Kyiv University was under the jurisdiction of the Minister of Public Education as well as the Guardian of the district, the latter was considered “the head of the University”. The Rada (Council) governed the University. The rector headed the Rada and the Guardian personally supervised it. The Rada consisted of ordinary and extraordinary professors. It elected rector for two years and the Tsar approved him. The Rada also elected professors and adjuncts (junior scientific assistants) and the Minister approved them. The University Rada annually elected the deans, the Minister later approved them. The term of study was four years. All applicants had to pass examination to a “special committee of professors” appointed by the rector. Students also had to pass exams at the end of each course and before graduation.
Faculty members, scholars and scientists of Kyiv University have made a worthy contribution to the development of science and social and political thinking in Ukraine. The list is long and comprises, among others, prominent historians and philologists M. Maksymovytch, M.Kostomarov, M.Drahomanov, Agatangel Krymsky; lawyers: K.Nevolin, M.Ivanishev, M.Vladimirskiy-Budanov, O.Kystyakovskyi; biochemist O.Palladin; specialists in medicine: M.Sklifosofsky, M.Strazhesko and many others.
The newly acquired independence and changing situation in Ukraine have put forward new requirements to Kyiv University. Kyiv University has constantly been improving the study process to train specialists with profound fundamental knowledge, capable of independent creative work. A whole series of new perspective specialities and specializations [spe∫əlai΄zie∫(ə)n] have been introduced such as ‘International Economics’, ‘International Management’, ‘Land and Ecology Law’, ‘Social Work’, ‘Social Information Science’, ‘Medical Radio Physics’ and others.
Today, Kyiv University is a powerful diversified educational and scientific complex combining 14 faculties, 5 educational institutes, a centre for training and advanced training of foreign citizens and two lyceums. The University provides training and re-training for specialists comprising 63 specialties and 157 specializations. The University study process is performed by 158 departments with 1,840 teachers, 82 per cent of which are in possession of academic degrees and status, and 24 per cent are doctors of science and professors.
The law course at cambridge university
The law course at Cambridge gives a thorough grounding in the principles of law from academic rather than a vocational perspective. There are opportunities to study the history of law and consider the subject in its wider social context. The emphasis is on principle and technique. The law course develops skills of interpretation and logical reasoning and encourages students to consider broader questions such as ethical judgment, political liberty and social control.
Although many undergraduates who read law do so with the intention of practicing, many do not, preferring instead to go into administration, industrial management or accountancy. Candidates intending to read law do not have to study any particular subject at school. Pupils can have a scientific or mathematical background at A-level or they can study history or languages.
Undergraduates reading law for three years take part 1A of the Tripos at the end of the first year. This comprises four papers: Criminal Law, Constitutional Law, the Law of Tort and Roman Law. In the second year they study five subjects for part 1B of the Tripos, which they take at the end of the year. The range of subjects on offer is wide – from Family Law to International Law – though in practice most undergraduates take Contract and Land Law as two of their papers. In the third year, undergraduates study five subjects for Part II of the Tripos. The range of options is even wider than in Part IB. According to preference an undergraduate may develop his or her interest in Property Law (including Trusts and Conveyancing Law), Commercial Law, Public Law (including Administrative Law and EU Law), or in more academic and sociological aspects of law, such as Jurisprudence, Legal History, Labour Law and Criminology. Candidates may also participate in the seminar course, submitting a dissertation in place of one paper.
Candidates for the postgraduate LL.M take any four papers selected from a wide range of options in English Law, Legal History, Civil Law, Public Law, International Law, Comparative Law and Legal Philosophy.
The Need for Law. Functions of Law. Kinds of Law
The question ‘What is law?’ has troubled people for many years. Scientists devote an entire field of study known as jurisprudence to answering this question. Many definitions of law exist, but for our purposes, we can define law as the set of rules and regulations by which a government regulates the conduct of people within a society. Even with this explanation, many questions arise. Where do laws come from? Do we need laws? Are all laws written? Can laws change? If so, how? What is the difference between laws and morals?
To understand the law, we must consider the relationship of law to morals. Traditional ideas of right and wrong influence our legal system. Thus, most people condemn murder, regardless of what the law says. However, everything that they consider immoral is not necessarily illegal. For example, lying to a friend may be immoral but not really illegal.
One thing is certain: every society that has ever existed has recognized the need for law. These laws may have been written, but even primitive people had rules to regulate the conduct of the group. For a very long time now, members of every community have made laws for themselves in self-protection. Without laws, there would be confusion, fear, and disorder. This does not mean that all laws are fair or even good, but imagine how people might take advantage of one another without some set of rules. We are far better off with the imperfect laws which we have, than if we had none at all.
Law serves a variety of functions. It helps to maintain a peaceful, orderly, relatively stable society, to contribute to social stability by resolving disputes in civilized fashion, to facilitate business activities and private planning, to provide some degree of freedom that would not otherwise be possible, to inhibit social discrimination and improve the quality of individual life in matters of health, education and welfare. The law is an enabler, something that permits us to enjoy rights within the framework of an ordered society. In many ways law is the cornerstone of our culture. The rule of law provides society with the rules by which all of us live. Citizens can know the law and live their lives accordingly.
Laws fall into two major groups: criminal and civil. Criminal laws regulate public conduct and set our duties owed to society. A criminal case is a legal action by the government against a person charged with committing a crime. Criminal laws have penalties requiring that offenders should be imprisoned, fined, placed under supervision, or punished in some other way.
Civil laws regulate relations between individuals or group of individuals. A person can bring a civil action (lawsuit) when this person feels wronged or injured by another person. Civil laws regulate many everyday situations such as marriage, divorce, contracts, real estate, insurance, consumer protection and negligence.