| | |
| |THE UKRAINIAN COURT. |
|OUR ACADEMY |The court is the main instruments of |
|We are students at the Ukrainian Academy |enforcing law. The fates of people, defence|
|of Law. Our Academy is one of the oldest |of their interests, maintance of relations |
|educational establishment of this type in|between the state and the citizen defined |
|the Country. Its 70th anniversari was |by the law and the observance of public |
|marked in 1990. The Academy is housed in |order greatly depend on the court. 1. |
|one of the best buildings of our city. |Justise in Ukraine is administered only by |
|This is the house in 77 Pushkinskaya |the court in strict conformity with the |
|Street designed and constructed by |law.2. Justice is administered on the |
|Beketov-a well-known Russian architect. |principle of the equality of citizens |
|It has a great number of light, spacious |before the law and the court.3. All |
|class-rooms, lecture-halls, a gymnasium, |citizens have the right to legal defence.4.|
|a reading-room,etc. There are also |Judges are independent and subject only to |
|special studi rooms and laboratories |the law. The inviolability of judges and |
|here. The students have every opportuniti|other guarantees of their independence are |
|to master their future profession which |provided for by the law.5. All courts are |
|is law. Our Academy trains practical |formed on the principle of the electiveness|
|workers for law offices. The course of |or appointment of judges. The judges are |
|study at the Academy is five years. |elected by the president for a term of 5 |
|Besides the day-time department there is |years, and then by the Verchovna Rada for… |
|also an evening and a corespondense |In trial courts ( courts of original |
|department at the academy where the |jurisdiction) cases may be examined either |
|students study 5,5 years. We study |by a judge alone or colegially with a |
|general and special law subjects. Among |pannel of three professional judges or the |
|the general subjects are history of the |jury ( when dealing with more serious |
|Political science, the History of the |crimes and civil ofences). When the case is|
|Economic science, Philosophy, Sociology, |tried by a judge alone he pases ruling and |
|Ecological law and a foreign Language – |a sentence. When hearing of criminal cases |
|English, German and French. The law |is collegial the court brings in decision |
|subjects are: criminal law, criminal |or a judgement. 6. There exist a system of |
|procedure, criminology, criminalistics, |independent courts in Ukraine, all of them |
|civil law, civil procedure, labour law, |having their own competence: the |
|ecological law, international law and |Constitutional Court of Ukraine ensure the |
|some others. We attend lectures, seminars|conformity of laws and other normative acts|
|and tutorials. Ciasses usually begin at |to the Constitution of Ukraine; General |
|8.00 in the morning and are over at 12.30|Courts comprise district (city) courts, |
|in the afternoon. After classes many |interdistrict (circuit) courts, regional |
|students hurry to the canteen to have |courts and the Supreme Court of Ukraine. |
|dinner and after a short rest begin |These Courts try civil, Criminal and |
|prepearing for their lessons and seminars|administrative cases. The Supreme Court of |
|in the reading room or a study room. A |Ukraine is the highest judicial organ in |
|very important part in training future |the system of general courts. It is a court|
|specialists is played by the Students |of appelate and cassation jurisdiction. The|
|Scientific Society, and a lot of students|Court of Arbitration ensures the defence of|
|carry on research work in its numerous |rights and legitimate interests of |
|circles. All of us also take part in the |participants in economic relations.7. |
|public activities of the Academy. Almost |Proceedings in all courts are open to the |
|all the out-of town students live in the |public.8. The suspect, the accused and the |
|hostel. At the end of each term we take |defendant are ensured the rights to legal |
|credit tests and examinations. They are |defence. The amendments introduced into the|
|called terminals. All those who pass |Fundamenals of Criminal Legal Procedure |
|exams successfully are granted stipends. |envisage the defence lawer being allowed to|
|At the end of the corse of study the |take part in a case from the moment an |
|students take state examenations. Finals,|accusation is made or a suspect detained.9.|
|as they are often called. When we |No one may be adjudged guilty of a crime |
|graduate from the academy we shall work |and subjected to punishment as a criminal |
|accordihgly to our appointments as |except by the sentence of a court and in |
|investigators, judges, procurators, etc. |conformity with the law.10. Representatives|
|Some of us will work in the militia. |of public organizations and work |
|Every year our country gets highly |collectives may take part in the |
|qualified specialists standing on guard |examination of civil and criminal cases in |
|of legality and law and order. |court. |
GREAT
BRITAIN.
Status: a parliamentary monarchy. Executive power: the Cabinet
of Ministers.
Legislative body: Parliament. Houses: the House of
Lords and of Commons.
Head of the state: the Queen. Head of the Government:
Prime Minister.
GB is a parliamentary monarchy. Officially the head of the state is the
Queen, but her power is limited by Parliament. In practice the country is
governed by the Government in the name of the Queen. In reality the whole
political power belongs to B. Government consisting of the Prime Minister
and other ministers. All the ministers in the B. Government must be
appointed by the Queen, but in fact she makes the appointment on the Prime
Minister’s advice
The legislative power is vested in the Queen and Parliament. Parliament is
made up of two Houses—the House of Lords and the House of Commons, the
supreme legislative body. At presents all legislation is initiated by the
Cabinet, which consists of the heads of the most important Departments.
The House of Commons is elected at General elections which are to take
place every 5 years. The House of Lords is not elected—the titles and the
seats are inherited there, but now is elected body.
The leader of the party that has won the election and has the majority in
the House of Commons forms the Cabinet and becomes the Prime Minister. The
Prime Minister is responsible for the policy conducted by Parliament.
Two parties at dominate at the election in GB: the Conservative Party (the
Tories) and the Labor Party. The Party which has majority in the House of
Commons is called the Government and the others—the opposition.
The Conservative Party represents the interests of big business and is
described as the Party of upper and middle classes.
The Labor Party is composed mainly of trade union members. Members of
Parliament are elected by direct and secret ballot. Citizens of 18 years
and other have the right to vote. At a general election a person votes for
the labor candidate, or for the Conservative candidate, or for the
candidate for some other party.
About one-third of the people support the Labor Party all the time, another
third the—Conservatives. The last third consists of people who are ready to
change from one of these parties to the other.
Support for the Conservative Party is associated with a belief in the
traditional basis of society, strong respect for the Royal Family and the
privileged class.
The UK is a member of the European Economic County. |
THE INVESTIGATOR.
In accordance with national legislation, all criminal cases pass through
the stage of preliminary investigation before they are heard in Court.
The Procurator’s Office, the Ministry of the Interior and the National
Security Service have their own investigation departments. Their competence
is briefly as follows:
Investigators from the Procurator’s Office have the right to investigate
any case, but in actual fact they carry out inquires into the gravest
crimes, such as murder, embezzlement on a large scale, rape, banditry etc
and also in the cases if malfeasance;
Investigators from the Ministry of the Interior have the right to institute
proceedings against persons who have committed any crime, but in cases of
grave crimes they only perform urgent action and then transfer the case to
the investigators of the Procurator’s Office;
Investigators from the National Security Service investigate cases of
espionage and other especially dangerous crimes against the state.
The investigator’s job is to detect crimes, to disclose and expose persons,
guilty of them so that every person who commits a crime shall suffer a just
punishment and no innocent person shall be charged or punished, to
ascertain all the circumstances of cases and to take crime preventing
measures.
While fulfilling his duties, the investigator has the right to detain a
person suspected of a crime. He may question citizens and officials as
witnesses to the crime, make requisite search and inspections, order an
expert investigation, etc. he may undertake other actions proved for by the
criminal procedure law.
The investigator’s job is to prepare the materials of the case for court
hearing.
The preliminary investigation is called upon to facilitate the objective
and comprehensive administration of Justice. | |
UKRAINE.
OFFICIAL NAME-UKRAINE
STATUS- SOVEREIGN STATE
AREA-603,700square kilometers
CAPITAL—KIEV
Ukraine is one of the largest countries of Europe. It is one of the
memberstates that founded the UNO. Ukraine signed the UN’s Charter at the
San Francisco Conference in 1945.
On December, 1, 1991 Ukraine became an independed sovereign state and the
president was elected by direct vote.
Now Ukraine has its own territory, the highest and local bodies of state
power and the government, its own national emblem, state flag and anthem.
President is the head of the state. He is also Commander-in-Chief of Armed
Forces of Ukraine. Vice-President is appointed by President and approved by
the Supreme Council.
The Supreme Council is the highest organ of state power and the highest
legislative body in the Republic. The Supreme Council sets up the
Government—the Cabinet of Ministers of Ukraine. The Cabinet of Ministers of
Ukraine is the highest executive and administrative organ of the state.
Regional, district, city, town and village Soviets are the local bodies of
power.
The highest organ of Judicial power of Ukraine is the Supreme Court.
Ukraine is a mighty industrial and agricultural state with advanced
culture, science and art.
Ukrainian plants produce turbines, electric motors, excavators, airplanes,
tractors, electronic computers. Together with heavy industry there are
highly developed light and food industries.
Ukraine establishes relations with countries throughout the world. It sets
direct contacts with them signing agreements and treaties.
Ukraine maintains close ties with all the members of the Commonwealth of
Independed States and is going to cooperate with them, to develop economic,
trading and cultural relations.
Ukraine has proclaimed itself a nuclear free state and is going to destroy
all nuclear weapons on its territory. The process of conversation from
military to civil economy is under way. |
ABOUT MYSELF.
(MY FUTURE OCCUPATION).
Let me introduce myself. My name is Borya Socolov. Boriya is my first name
and Cokolov is my surname. I am was born in 1980 in the city of Kharcov. My
parents are lawyers. My mother works at the Procurator’s Office and my
father works as a judge at court. My father is 52 and my mother is 50
years.
My older brother is in legal profession. He often spoke with me about the
job and gave me a lot of good advice.
At school I took a great interest in mathematics, history and foreign
languages. Sports and adventure novels were my hobby.
I finished school in 1997. After leaving school I had chosen jurisprudence,
it was not a great surprise for any member of our family. I realize well
enough that the lawyers profession is not all smiles, hand-shakes and
flowers. It abounds in hardships and problems which at times are difficult
to solve. Besides I know that lawyers are ill-paid as are people of many
other occupations in our country. But I think that these problems are
temporary and a few years time people of brain work will be properly and
justly paid
In 1997 I successfully passed my entrance exams to the National Law academy
to the name Yaroslav Wise and now I am my third year.
The profession of a lawyer is a human one because he stands up for the
interests and rights of people. Besides, I guess, this work requires much
courage and determination for lawyers fight negative phenomena in the
society. | |
| | |
|THE LEGAL PROFESSION. |THE PROCURATOR. |
|1.We are moving to the creation of |The main task of the procurator is to |
|law-governed state. This movement is |ensure the strict observance of the law by |
|accompanied by a cardinal updating of all|various organizations, officials and |
|basic branches of legeslation. Radical |citizens. The procurator is to supervise |
|changes take place in the entire |the observance of legality by the organs |
|law-enforcement mechanism of Ukraine in |conducting investigation, the legality of |
|the work of the courts, the procurators |judicial judgements and the legality of |
|office, the legal proffesion, |keeping convicted persons in plases of |
|arbitration, militia and correctional |confinement. Here are some of his rights |
|labour institutions. These changes are to|and duties in preliminary investigation, in|
|become an important step towards the |the examination of cases in court and in |
|law-ruled state. Who should translate the|supervising over the observance of legality|
|legal reform into reality? Special |in plases of confinement. The procurator |
|responsibility belongs to those who are |supervises the strict implementation of the|
|in the legal profession( кто причастен к |law by investigators conducting inquiries |
|праву и правосудию по роду профессии и |or preliminary investigations. He must see |
|долгу службы): judges, lawyers, |to it that no citizen is restricted of his |
|investigators, procurators.2. A |lawful rights or subjected to unlawful and |
|responsible mission in s law-abiding |ungrounded criminal prosecution. No person |
|state is entrustated to courts that must |can be arrested without the sanction of the|
|become truly independent. High demands |procurator or the court order. A search may|
|are made of judges professional and |be conducted only with the sanction of the |
|personal qualities. A judge should always|procurator. After the investigation of a |
|be a person with a sharpened sense of |criminal case he approves the indictment |
|justice, a broad horizon, a person of |and transfers it to the court. The |
|high moral qualities.3. The role of |procurator discharges important functions |
|lawyers is rapidly growing in our |in the trial as state prosecutor. Like |
|society. They are needed in ministries, |other participants in the trial ( the |
|at enterprises, cooperatives to say |defense councel, the injured party) he may |
|nothing of law-enforcement agencies, who |question witnesses, take part in the |
|stand on guard of the interests of |investigation of evidence and submit fresh |
|Ukraine, of the rights and interests of |evidence in court, challenge the members of|
|our citizens and on guard of public |the court, etc. When the court |
|order. Lawyers and legal advisers should |investigation is over, he pronounces an |
|be able to provide qualified consultansy.|indictment. He may lodge his protest |
|Lawyers are expected to be present in the|against the court`s judgement, decision or |
|early stage of investigation. That will |rider in a higher court. The procurator has|
|raise the efficiency of the |broad power of supervision over the |
|investigation. The participation of a |observance of legality in places of |
|lawyer in a trial demands from him |confinement: he verifies the legality of |
|proffessionalism, a principal and |keeping persons in places of confinement, |
|independent defendence on a case.4. A |he checks up if convicted persons are |
|law-abiding state is based on principles:|relased at the right time, he ensures that |
|law is equally binding on all people and |the statutory regime rules and the rules of|
|all persons are equal before the law. The|labour for convicted persons are observed, |
|role of the Procurators`s Office, which |he supervise the state of sducational work,|
|is called upon to exercise supervision |etc. To discharge these functions, the |
|over the strict observance of laws is |procurator has the right to inspect places |
|being enhanced in a state governed by |of confinement at any time, to study |
|law. |documents, to question prisoners in person |
| |and to demand personal explanations from |
| |the administration. |