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What is the function of a prosecutor?
Name some words or phrases related to the subject to be discussed.
Read and translate the text.
Unit 5
THE PROSECUTOR’S OFFICE
Text 1
Supervision on observing the laws is carried out by the Office of the Prosecutor General of the Russian Federation. It forms a single, centralized, hierarchical system, public (the lower) prosecutors obeying the higher ones and the Prosecutor General of Russia. As mentioned before, the Prosecutor General of Russia is appointed and dismissed by the Federation Council upon a proposal of the President.
The Prosecutor's Office is the state body that is established to exercise supervisory power over the strict observance and application of law by all ministries, organizations, institutions, officials and citizens of the state.
The prosecutor has the right, and it is his duty, to appeal against all decisions and actions of state bodies and officials which he considers to be unlawful. Every citizen has the right to complain to the prosecutor concerning any violation of the law. When a breach of law contains elements of a crime, it is the duty of the prosecutor to bring the guilty person to trial.
The prosecutor supervises the investigation of cases conducted by the militia, and other state security bodies. The Prosecutor's Office institutes criminal cases and investigates criminal cases, ascertains the circumstances under which crimes were committed, collects evidence against the criminals and their accomplices and sees to it that other investigating bodies act within the law.
During the hearing of cases the prosecutor conducts the prosecution before the court in the name of the state. It is his duty to prove the charges against the accused and to propose the penalty to be imposed on the guilty person. If he is of the opinion that the accused is not guilty, it is his duty to withdraw the charge.
The prosecutor has the right to lodge protests against the sentences and decisions of the courts which he finds illegal.
It may be said that the Prosecutor's Office, like all Russian courts, protects legality, law and order.
1) Who has the right to appeal against all decisions and actions of the state bodies?
2) Who has the right to complain to the prosecutor
concerning any violation of the
law?
3) Whose duty is it to bring the guilty person to trial?
4) Who supervises the investigation of cases conducted by the militia?
5) Who conducts the prosecution before the court in the name of the state?
6) Who proves the charges against the accused?
7) Who proposes the penalty to be imposed on a guilty person?
8) Who has the duty to withdraw the charge?
9) Who has the right to lodge protests against the sentences and decisions of the courts which he finds illegal?
The General Prosecutor of Russia is appointed
by...
The General Prosecutor of Russia is dismissed by ...
The Prosecutor General of the Russian Federation forms...
The Prosecutor's Office is a state body that exercises...
The prosecutor has the right...
The prosecutor supervises...
The prosecutor's duty is...
The Prosecutor's Office institutes...
The Prosecutor's Office investigates... and
sees to it that...
Essential words and phrases:
an accomplice to bring somebody to trial a circumstance Evidence Execution to impose a penalty to lodge a protest prosecution a prosecutor Prosecutor's office to prove a charge to withdraw a charge |
- соучастник - предать кого-то суду - обстоятельство - доказательства - исполнение - наложить наказание - подавать жалобу, протест - судебное преследование - прокурор - прокуратура - поддерживать обвинение - снять обвинение |
Unit 6
JUDICIAL INSTITUTIONS
1. Read and translate the text.
Text 1
In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take, the form of hierarchy of courts. The role of each cont and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower 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. A court of original jurisdiction is one which first examines a case in substance and brings in a sentence or decision. 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 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.
The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional.
The Supreme Court is the highest judicial body for civil, criminal, business and other cases. It has the power of supervision over the activities of all the judicial bodies of the state. The Supreme Court gives the court interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts, as well as appeals against the judgements and sentences of the military courts of the state.
The basic judicial body is the district court. District courts try both criminal and civil cases. It is also the duty of the district courts to protect the electorial rights of citizens. The higher courts of constituent entities of the Russian Federation hear and determine cases of major importance. They are courts of appellate jurisdiction.
The Supreme Arbitration Court is the highest judicial body for settling economic disputes and other cases examined by courts of arbitration; it exercises judicial supervision over their activities in the procedural forms envisaged by federal law and provides interpretation on issues of court proceedings.
In all courts cases are tried in public. The participants in the trial (the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the others) speak in the open court. The accused is guaranteed the right to defend. The press has the right to be present.
During the hearing of a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed session is allowed only in exceptional cases. Closed sessions are only allowed if it is in the interests of both sides or for the necessity to keep state secrets. Trial without participation of both sides is not allowed. The judges are independent and they must obey the law.
2. Are these statements true or false?
1) There are courts of first instance and second instance.
2) A court of first instance
examines appeals and protests against sentences and
decisions of other courts.
3) Any court, from the
district court to the Supreme Court of the state, may sit as a
court of first instance.
4) Higher courts hear and determine cases of major importance.
5) The basic judicial body is the Supreme Court
3. Scan the text to find the answers to the “What-questions”.
4. Match these words and phrases with their Russian equivalents.
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Essential words and phrases:
accused defence a defendant to examine a case in substance proceeding prosecutor reassessment |
- обвиняемый - защита - ответчик - рассматривать дело по существу - зд. Судопроизводство - обвинитель - переоценка, пересмотр
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SUPPLEMENT II
THE LAW AND THE FAMILY
1. Read the texts about the family law.
Here we will look at how the law sees the family as a special institution; how some legal systems treat married couples and their children differently from the unmarried; the process of divorce; custody of and responsibility for children; and protection from violence in the home.
Beyond the mere function of providing a new generation of children, the family is often promoted for its moral contribution to society. Despite a growing labour shortage, the Japanese government has passed very little legislation challenging the assumption that mothers should stay at home rather than go out to work. In Ireland, which is strongly influenced by the doctrines of the Catholic Church, divorce remains illegal.
In some societies the family is thought to be so important that there is very little legal intervention in family life. In many Islamic countries, for example, fathers, brothers and sons are allowed considerable authority over the females in their family. As late as the 1970s, the male head of the household in Switzerland was deemed to represent the interests of everyone within that household, and, consequently, none of the women could vote in national elections. But in many parts of the world, the law now promotes the rights of individuals within the family unit, and regulates family relations through legislation. Raised from the taxes of the working population as a whole, Child Benefit is paid directly to the mother, and retirement pensions are paid to grandparents, so that they are less dependent upon financial support from a family member. In Sweden, parents can be prosecuted for physical punishing their children and children have a limited capacity to divorce their parents. In Britain, as in many countries, there are special family courts with very strong powers to control and transfer private property in the interests of children. Much of the work of other courts is also directly relevant to family life.
Marriage law
The law in most countries places more emphasis upon marriages legally registered than social arrangements whereby people live together. In Japan, some couples prefer not to register their marriage because the law requires one of them to give up his or her name in favour of the other. The birth and residence documentation of children born to such marriages is different from that of other children and sometimes leads to discrimination. In Britain, children born outside legitimate marriages have fewer rights to financial support from estranged fathers than legitimate children. In addition, if they are born outside the UK, they are less likely than legitimate children to be granted British citizenship. Their fathers have no automatic right to have contact with them. Some welfare payments are calculated on a different basis according to whether recipients are married or not, and more procedures are available to a married woman than an unmarried one in seeking protection from domestic violence. However, in most industrialised countries, the legal differences between the married and the unmarried are decreasing. It is not surprising this should be the case in a nation like the United Sates, for example, here 25 percent of babies are now born to unmarried parents.
In English law, some marriages may be readily dissolved, or nullified - for example: if the couple never consummated the marriage, are blood relations, are under the legal age of sixteen, are both women or, despite a surgical sex change, are both men. In other cases, a couple may seek a divorce. The procedure may be lengthy, especially if one spouse does not want to get divorced, or if there are children. In no case will English law allow divorce proceedings to start within a year of the marriage, since it is thought this is too soon for the marriage to have tested itself. It is also feared that people would get married without serious thought if it were quick and easy to get a divorce.
Divorce law
Divorce proceedings in England take place in certain County Courts known as divorce County Courts. Some matters are also dealt within the Family Division of the High Court. It is necessary for one of the parties to convince the court that the marriage has broken down irretrievably -without any chance of reconciliation. To do this the person seeking, or petitioning for divorce, must prove one of five things: that the other party, or respondent, committed adultery (had sex with someone else); that the respondent's behaviour has been unreasonable; that the respondent deserted the petitioner at least two years previously; that the couple has lived apart for two years and both agree to a divorce; or that they have lived apart for five years. Even if the court is satisfied that there is enough evidence of one of the above, a divorce will not be issued until satisfactory arrangements have been made for any children of the marriage, including determining who is to have custody of the children, the rights of the children to maintain contact with the other parent, and financial arrangement for the children's welfare.
The High Court or divorce county court has wide powers to order both an ex-husband and an ex-wife to make financial provisions for the other and for their children. This may include periodic payments, a lump sum of cash, transfer of property into the other spouse's name, or sale of property so that the money can be divided. In general, these orders are supposed to support the children and other spouse (usually the one taking care of the children; often the mother) until they become financially independent.
When a couple separates, whether married or unmarried, the welfare of any children and the division of any property are the most important, and often the most difficult problems, to resolve. People who once lived together happily may argue bitterly once the trust between them has dissolved. Although it is possible, and certainly much cheaper, to arrange most of the terms of a divorce privately without lawyers, many couples find that it is impossible for them to reach such an agreement.
In the case of property, the courts have to find a balance between two principles. One is that any division should fairly reflect how much each party contributed to the property they held together. In the past, some women suffered when they separated from their husband because the house they lived in was bought with his money and registered in his name. Nowadays, courts look beyond legal ownership and cash contributions. Work done in the home, time spent caring for the family, even emotional support, are all considered as giving some rights to property. In the United States, there have been cases of the lovers of famous entertainers claiming a proportion of the income earned by their partner during the time they lived together, and sometimes millions of dollars have been at issue.
The other principle which courts must consider is the needs of the parties. It is no longer assumed that a woman who was financially dependent on her husband when they were married will remain so after they are divorced, but the length of the marriage and the age and skills of the woman will be considered in deciding how soon - if at all - she is likely to become independent. There are a few cases of a court refusing to grant a divorce at all because the couple in question was elderly and would never recover from the financial shock.
International law
International law is not new. Nations have always made political and economic treaties with each other. In Medieval Europe, the Canon Law of the Catholic Church had an important role. Law Merchant regulated trade across political frontiers. In the fifteenth century, the Church mediated rivalry between Spain and Portugal by dividing the world into their respective areas of interest. The 1648 Treaty of Westphalia, which called for equal treatment everywhere of Protestants and Catholics, can be seen as an early international human rights law. Nevertheless, most international laws have been created in the twentieth century. The League of Nations was set up after World War I to regulate disputes between nations. However, it failed to stop the tension that led to World War II, partly because some powerful countries did not join (U. S.) and others left when they disagreed with its decisions (Germany, Japan). But it led to important international legislation like the Geneva Convention on the treatment of prisoners of war and the 1951 Convention on the Status of Refugees.
There are some important differences between international laws and those created inside individual states. Domestic laws are passed by legislative bodies, most of which have some popular political support. International laws, on the other hand, are created by agreements among governments.
As a result, it is not as clear whether they have the support of individual citizens. Enforcement of international law is also different. Many international agreements are not binding - for example UN General Resolutions. Even when nations agreed to be bound, as in the case of signatories of the 1966 International Convention on Civil and Political Rights, it is unclear how obligations are to be enforced.
Unit 4
ENFORCING THE LAW
1. Answer the following questions.