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VI. Find in the text and decide from the context what the word could mean, then choose the appropriate definition.

a) family law makes it illegal for others to manufacture or use the invention without permission.

b) defamation is usually owned by the creator of the work- the writer, painter or musician- but like other property, it might be passed to someone else.

c) breach of contract is a wrongdoing for which a private citizen (or company) is sued by another private person.

d) damages is the aggrieved party that starts criminal proceedings.

e) copyright money paid by one party of a legal action (usually civil) to compensate the other party for loss or injury.

f) tort deals with the family as a special institution, marriage, the process of divorce, custody of and responsibility for children.

g) patent is the tort of saying or writing something which is untrue and which harms another person's good name.

h) negligence it is called so if one party fails to fulfil his obligations under the agreement.

i) plaintiff is a tort consisting of the breach of a duty of care resulting in damage to the plaintiff, carelessness.

 

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

Criminal law

Criminal Law is the body of law that defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes punishment for convicted offenders.

The offences that involve criminal law, a part of public law, are those against the state. Criminal law presupposes a rule of law in defining acts as criminal. In other words, however immoral or unjust an act may be thought to be, it is not a crime unless the law says it is one. Under the common law, custom and precedent define criminal action; in countries or states where a legal code exists, statute defines it. Criminal law usually prohibits the trial of a person a second time for the same offence (double jeopardy) and contains statutes of limitations that is, limits for the period during which charges may be made.

A crime is usually defined as a voluntary act or omission, in conjunction with a given state of mind. Acts committed during fits of epilepsy or while sleepwalking are involuntary and thus do not qualify as crimes. Mental disorders are also widely recognized as limiting responsibility for acts otherwise regarded as criminal. Other factors entering into the determination of criminal intent are self-defence, defence of other persons, protection of property, and enforcement of the law. The law of most countries recognizes that the use of force, while not justifiable, may be excused if the defendant believed that the use of force was necessitated by special circumstances.

Criminal acts include arson, rape, treason, aggravated assault, theft, burglary, robbery, and murder. Other concerns of criminal law are conspiracy, a rather broad term that denotes agreement between two or more individuals to commit a crime, and attempt. The definition of attempt varies from one legal system to another, but essentially it is preparation for criminal action that has gone beyond a legally defined point.

Important differences exist between the criminal law of most English-speaking countries and that of other countries. The criminal law of England and the United States derives from the traditional English common law of crimes and has its origins in the judicial decisions embodied in reports of decided cases. England has consistently rejected all efforts toward comprehensive legislative codification of its criminal law; even now there is no statutory definition of murder in English law. Some Commonwealth countries, however, notably India, have enacted criminal codes that are based on the English common law of crimes.

The criminal law of the United States, derived from the English common law, has been adapted in some respects to American conditions. In the majority of the U.S. states the common law of crimes has been repealed by legislation. The effect of such statutes is that no person may be tried for any offence that is not specified in the statutory law of the state. But even in these states the common-law principles still exist, for the criminal statutes are often simply codifications of the common law, and their provisions are interpreted by reference to the common law.

InEurope the criminal law of modern times has emerged from various codifications. By far the most important were the two Napoleonic codes of 1808 and 1810. The German codes of 1871 (penal code) and 1877 (procedure) provided the models for other European countries.

In the last few decades the movement for codification and law reform has made considerable progress everywhere.

Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation.

 

IX. Match the following English words and expressions with their Ukrainian equivalents:

1 codification of law
2 double jeopardy b
3 voluntary act
4 omission d
5 sleepwalking e ,
6 mental disorders f
7 criminal intent g 򳺿
8 statutory definition h  

X.Give the definitions for the following legal terms:

a. Criminal law is...

b. Crime is...

. Conspiracy is...

d. Attempt is...

 

XI. Answer the questions:

1. What are the two important elements of a crime which the prosecution must prove?

2. What is double jeopardy?

3. What differences exist between the criminal law of most English-speaking countries and that of other countries?

4. What criminal codes provided the model for many European countries?

5. What has modern criminal law been affected by?

 

XII. Read the text, make a plan of annotation and annotate the text.

Labour Law

In general, the state has extensive authority over labour relation matters, including the labour market, unemployment, social insurance, labour safety, standard employment conditions and resolution of labour disputes. The state provides additional employment guarantees to women with children under the age of 6, single mothers with children who are disabled or under the age of 14, senior citizens of pre-retirement age and persons released from prison.

The Labour Code, which covers nearly all aspects of employee relations in Ukraine, governs employment agreements and contracts; working hours and time off; compensation and social benefits; discipline; employment of women and minors; resolution of employment disputes; liabilities of employees and employers.

The Labour Code provides that an employment contract is a special form of employment agreement that may be used only where permitted by law. While an employment contract may be entered into for a definite term or until a specific job is completed, an employment agreement, being the major legal basis of employment relationships, is usually concluded for an indefinite term.

Under the Labour Code, employment may be terminated by: agreement of the parties; expiration of the employment agreement; entry of the employee into military or alternative non-military service; the employee, the employer, or the trade union, if applicable.

An employee has the right to terminate his or her permanent employment agreement without reason upon two weeks notice.

The minimum wage is the lowest compensation allowed by law for simple, unskilled work. The minimum wage does not include any additional compensation payable to an employee. Overtime and holiday work must be compensated at a double rate.

Under the Constitution and the Labour Code, all Ukrainian citizens have equal employment and labour rights regardless of race, colour, political, religious or other beliefs, gender, national or social background, financial status, or language. The Labour Code and other laws also provide protection and special employment and labour rights for working women, minors, students, senior citizens and disabled individuals.

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

Administrative law

Administrative law is a branch of law regulating the powers, procedures, and acts of public administration. It applies to the organization, powers, duties, and functions of public officials and public agencies of all kinds. Its development has been concurrent with the modern growth in the functions of government and in bureaucracy and with the parallel expanding need for legal safeguards over the agencies and officials of government.

Of the powers delegated to administrative authorities by modern regulatory statutes, four types may be mentioned: (1) the rulemaking power, or the power to issue general rules and regulations having the force of law for the purpose of filling up the details of statutory policy; (2) the licensing power, or the power to grant or refuse, to renew, and to revoke licenses or permits that may be required by statute for the pursuit of such professions as law and medicine and the conduct of certain forms of business; (3) the investigatory power, or the power to require witnesses to testify and produce books, papers, and records for the purpose of acquiring the information needed for effective regulation; and (4) the directing power, or the power to issue, usually after notice and an opportunity to be heard, administrative orders by which a private party is required, in conformity with the governing statute, to do or refrain from doing specified things.

Whatever the public-service and control functions of the administrative system may be, however, their performance depends upon the conduct of everyday auxiliary operations: the management of personnel, financing, planning, and so on. Accordingly, the law must also establish rules to authorize and govern these auxiliary and managerial operations and the relations that the administrative system is to bear, with respect to these operations, to other parts of the government.

In the broadest sense, the problem of administrative law is an aspect of the central problem of political theory: the reconciliation of authority and liberty. More specifically, the purposes of legal control of public administration are: (1) to establish administrative authorities and enable them to carry out public policies designed to protect the public interest and (2) to safeguard private interests against administrative arbitrariness or excess of power.

It is important to remember, however, that in the larger view each of these interests includes the other as a factor. The public interest includes the welfare of all members of the community, those who are regulated no less than those for whose protection regulation is undertaken. Accordingly, the public interest itself suffers if those who are regulated become victims of administrative oppression. Yet it is equally true that the private interest of those who are regulated includes in the long run the public interest. They may profit in the short run if the law renders ineffective those administrative efforts designed to prevent their exploitation of the public; but by the same token it may render ineffective their protection against forms of exploitation indulged in by others. The aim of administrative law is thus to attain a synthesis of public and private interests in terms of the social and economic circumstances and ideals of the age.

Administrative law has a valuable contribution to make as an instrument for controlling the bureaucracy. In social democratic regimes, political control and judicial control of administration are regarded as complementary but distinct. Political control is concerned with questions of policy and the responsibility of the executive for administration and expenditure. Judicial control is concerned with inquiring into particular cases of complaint. Administrative law does not include the control of policy by ministers or the head of state.

One of the principal objects of administrative law is to ensure efficient, economical, and just administration. A system of administrative law that impedes or frustrates administration would clearly be bad, and so, too, would be a system that results in injustice to the individual. But to judge whether administrative law helps or hinders effective administration or works in such a way as to deny justice to the individual involves an examination of the ends that public administration is supposed to serve, as well as the means that it employs.

In this connection only the broadest generalities can be attempted. It can be asserted that all states, irrespective of their economic and political system or of their stage of development, are seeking to achieve a high rate of economic growth and a higher average income per person. They are all pursuing the goals of modernization, urbanization, and industrialization. They are all trying to provide the major social services, especially education and public health, at as high a standard as possible. The level of popular expectation is much higher than in former ages. The government is expected not only to maintain order but also to achieve progress. There is a widespread belief that wise and well-directed government action can abolish poverty, prevent severe unemployment, raise the standard of living of the nation, and bring about rapid social development. People in all countries are far more aware than their forefathers were of the impact of government on their daily lives and of its potential for good and evil.

The growth in the functions of the state is to be found in the more-developed and in the less-developed countries; in both old and new states; in democratic, authoritarian, and totalitarian regimes. The movement is far from having reached its zenith. With each addition to the functions of the state, additional powers have been acquired by the administrative organs concerned, which may be central ministries, local, provincial, or regional governments, or special agencies created for a particular purpose.

XIV. Mark these statements T (true) or F (false) according to the text.

1. One of the problems of administrative law is an aspect of the central problem of political theory: the inconsistency of authority and liberty.

2. The licensing power, or the power to grant or refuse, to renew, and to revoke licenses or permits that may be required by statute for the pursuit of such professions as law and medicine and the conduct of certain forms of business.

3. Constitutional Law is a branch of law regulating the powers, procedures, and acts of public administration.

4. The purpose of administrative law is to attain a synthesis of public and private interests in terms of the social and economic circumstances.

5. An element of administrative law that impedes or frustrates administration would clearly be good, and so, too, would be a system that results in injustice to the individual.

 

 

UNIT 6

FORMATION AND FUNCTIONING OF UKRAINIAN STATE AND LAW. The Higher Bodies of State Authority of Ukraine: concept, tasks and functions.

 

I. Transcribe and memorise the following words:

assure, assert, Unitarian, source, inviolability, non-interference, heritage, suffrage.

II.Read, translate and retell the text.

The Constitution of Ukraine

Governed by the Act of Ukraine's Independence of August 24, 1991, the Verkhovna Rada of Ukraine on behalf of the Ukrainian people adopted the Constitution the Fundamental Law on June 28. 1996.

The Constitution established the country's political system, assures rights, freedoms and duties of citizens, and the basis of its laws.

It asserts that Ukraine is a sovereign and independent, democratic, social, legal state. It is a Unitarian state with single citizenship.

Ukraine is a republic. The people are the only source of power which is exercised directly and through the bodies of state power and local self-government.

The land, mineral raw materials, air space, water and other natural resources which are on the territory of Ukraine are objects of the property right of Ukrainian people.

The capital of Ukraine is Kyiv.

The Constitution states that every person has the right to the free development of his/her personality, and has obligations before society where free and full development of the personality is assured. Citizens have equal Constitutional rights and freedoms and are equal before the law. There are no privileges or restrictions based upon face, colour of skin, political and other beliefs gender, ethnic and social origin, properly, ownership, position, place of residence, language, and religion.

The articles of the Constitution guarantee the rights of life, personal inviolability and the inviolability of dwelling, non-interference in private and family life, free choice of residence, work, rest, education, social security, housing, health protection, medical care and medical insurance, legal assistance, a safe and healthy environment.

Defence of the Motherland, of the independence and territorial integrity of Ukraine and respect for the state's symbols are the duty of citizens. Citizens of Ukraine perform military services in compliance with the law. No person may damage the environment, cultural heritage. Every person shall pay taxes and duties in the order and amount determined by law.

The Constitution outlines the structure of the national government and specifies its powers and duties. Under the Constitution the powers of the government are divided into three branches the legislative which consists of the Verkhovna Rada, the executive, headed by the President, and the judicial, which is led by the Supreme Court.

The parliament - the Verkhovna Rada - is the only body of the legislative power in Ukraine.

There are 450 people's deputies who are elected for a term of four years on the basis of universal, equal and direct suffrage by secret ballot.

The Verkhovna Rada's main function is making laws. Law drafting work is performed by its Committees.

The Verkhovna Rada adopts the State Budget for the period from January, 1 to December, 31 and controls the execution of it. The monetary unit of Ukraine is the Hryvnia.

The President of Ukraine is the head of the state and speaks on behalf of it. He is elected directly by the voters for a term of five years with no more than two full terms.

The highest body of the executive power is the Cabinet of Ministers. It is responsible to the President and is accountable to the Verkhovna Rada. It carries out domestic and foreign policy of the State, the fulfilment of the Constitution, as well as the acts of the President, develops and fulfils national programme on the economic, scientific and technological, social and cultural development of Ukraine.

Justice in Ukraine is exercised entirely by courts. Ii is administered by the Constitutional Court and by courts of general jurisdiction. The Supreme Court of Ukraine is the highest juridical body of general jurisdiction.

The Constitution defines the territorial structure of Ukraine. It is composed of the Autonomous Republic of Crimea, 24 regions, districts, cities, and districts in cities, settlements and villages. Cities of Kyiv and Sevastopol possess a special status determined by law.

The Constitution of Ukraine consists of 15 chapters, 161 articles.

The day of its adoption is a state holiday the Day of the Constitution of Ukraine.

Word list

governed by -

on behalf of -

to adopt -

to assure ,

sovereign

single citizenship

full development

restriction -

gender

origin -

ownership

to guarantee -

to specify

branch -

legislative -

executive -

accountable -

to fulfil -

to exercise -

body ,

anthem -

banner -

stripe -

obligation -

inviolability -

dwelling

medical care

insurance

in compliance with

taxes and duties

to outline ,

judicial -

Supreme Court

suffrage

law drafting work

voter

 

III. Match the following English words and expressions with their Ukrainian equivalents.

1. justice 1)
2. authority 2)
3. secrete ballot 3)
4. Supreme Court 4)
5. executive power 5)
6. legislative power 6)
7.Courts of general jurisdiction 7)
8. with the consent of 8)
9. taxes and duties 9)
10. law drafting work 10)  

IV. Read the text and mark these statements T (true) or F (false) according to the text.

1. The Cabinet of ministers is the law-making body.

2. Ukraine consists of 25 regions.

3. The President of Ukraine is the chief of its military forces.

4. Presidential elections in Ukraine are held every five years.

5. The highest body of the executive power is the Verkhovna Rada.

6. The Constitutional Court is the highest judicial body.

7. The President of Ukraine nominates nine justices of the Supreme Court.

8. The country has a democratic political power.

9. The executive power is headed by the President of the USA.

 

V.Find in the text and decide from the context what the word could mean, then choose the appropriate definition.

Body

a) the whole physical structure of a person or animal;

b) an organized group of people working as a unit;

c) a corpse

Head

a) the upper part of the body, containing the brain, eyes, ears, nose and mouth;

b) a leader or chief;

c) intellect or mind;

Policy

a) a guiding principle or course of action adopted toward objectives;

b) practical wisdom;

c) a document embodying a contract of insurance;

Subject

a) any member of a State except the Supreme ruler;

b) a topic or arrangement which is talked, written or studied;

c) to be dependent upon influenced by something, to be under domination.

VI. Answer the questions.

1. When was the Constitution of Ukraine adopted?

2. What does the Constitution of Ukraine establish?

3. What is the state language of Ukraine?

4. What rights of the citizens does the Constitution of Ukraine guarantee?

5. What are the main branches of power according to the Constitution of Ukraine?

6. What are the main duties of the Verkhovna Rada?

7. What are the functions of the Cabinet of Ministers?

8. How many chapters and articles does the Constitution of Ukraine consist of?

9. How do the Ukrainian people celebrate the Day of the Constitution of Ukraine?

 

VII. Choose the right preposition in brackets according to the contents of the sentences (by, under, into, of, from, to, for, with, after).

1. Administratively Ukraine is divided ... 24 regions.

2. The President is elected ... five-year term.

3. All the laws in Ukraine are subject ... the Constitution, the main law the country.

4. ... the Traffic law it is illegal to drive under influence of alcohol.

5. The constitutional composition of the Verkhona Rada consists ... 450 National Deputies of Ukraine.

6. The President appoints ... office and dismisses from it ... the consent of the Verkhovna Rada of Ukraine.

7. What is the Cabinet of Ministers responsible ?

8. The President of Ukraine may be removed ... the office by the Verkhovna Rada ... the procedure of impeachment, if he commits treason or other crime.

 

VIII.

A: Read and translate Article 20 of the Constitution of Ukraine that provides the brief information about national symbols of Ukraine and find English words and expressions for the following Ukrainian equivalents: : , , ,

Article 20

- The state symbols of Ukraine are the State Flag of Ukraine, the State Coat of Arms of Ukraine and the State Anthem of Ukraine.

- The State Flag of Ukraine is a banner of two equally-sized horizontal bands of blue and yellow.

- The Great State Coat of Arms (Trident) of Ukraine shall be established with the consideration of the Small State Coat of Arms of Ukraine and the Coat of Arms of the Zaporozhian Host, by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.

- The main element of the Great State Coat of Arms of Ukraine is the Emblem of the Royal State of Volodymyr the Great (the Small State Coat of Arms of Ukraine).

- The State Anthem of Ukraine is the national anthem set to the music of M. Verbytskyi, with words that are confirmed by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.

- The description of the state symbols of Ukraine and the procedure for their use shall be established by the law adopted by no less than two-thirds of the constitutional composition of the Verkhovna Rada of Ukraine.

- The capital of Ukraine is the City of Kyiv.

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