Перелік розмовних тем Profession of a Lawyer
Перелік розмовних тем
Profession of a Lawyer.
Our aim is to create a law-governed state. This state should be based on two principles: law is equally binding on all people and all people are equal before the law.
Radical changes are taking place in the system of the law- enforcement bodies: in the structure of the Prosecutor's Office, in the court system, militia and correctional labor institutions. The people who are in the legal profession should realize the legal reform. They are judges, prosecutors, investigators, legal advisers, notaries, defense lawyers, etc. Lawyers should have very high professional and personal qualities. A responsible mission is entrusted to courts that must be independent. The Law on Liability for Contempt of Court prevents the interference injudicial proceeding on the part of local government agencies.
The role of lawyers is rapidly growing in our society. They are needed in ministries, at enterprises, firms. They work in the law- enforcement bodies that defend interests of the state, the rights and freedoms of the citizens of Ukraine and public order.
Lawyers are present in the early stage of the investigation. They also participate in a trial. All this demands from them professionalism. That is why students of the National Law Academy must work hard to get good knowledge. They must study thoroughly the Theory of State and Law and know the Constitution of Ukraine and legislation in force.
Words and word-combinations
law-governed state — правова держава to be binding on — бути обов'язковим law-enforcement bodies — правоохоронні органи legal adviser — юрисконсульт to entrust — доручати
liability — відповідальність contempt — неповага trial — судовий процес, судовий розгляд
The National University “Yaroslav the Wise Law Academy of Ukraine”.
Yaroslav the Wise National Law Academy of Ukraine (the former Kharkiv Law Institute) is the oldest specialized educational establishment of our country in training lawyers. The Kharkov Law Institute was founded in 1920 on the basis of the Law Faculty at Kharkov University (1804). The Institute was transformed into the Academy in 1991. Now under the President's Decree it is an autonomous state higher educational institution with the highest accreditation level.
The Academy trains highly-qualified specialists who work as investigators, prosecutors, judges, defense lawyers, notaries, in the Bar, law-enforcement bodies, Prosecutor's Office, Ministry of Justice, Security Service of Ukraine, bodies of state power. A lot of former graduates work in the Supreme Court, Constitutional Court of Ukraine, and Supreme Council of Ukraine.
The Academy is accommodated in spacious attractive buildings. The main Academy buildings are situated in 77 Pushkinskaya Street. The original building dates from 1889 and is a fine example of architecture. It was designed and constructed by Beketov — a well- known Russian architect.
At present the academic staff amounts to more than 500 persons, over 80 per cent of them have scientific degrees and titles. The academic staff is engaged in academic research and educational activities at 34 departments (chairs).
Teaching is organized in 12 faculties where students are able to study at full-time and part-time (evening and correspondence) departments.
Every year more than 1300 young people enter the Academy. Students are admitted to the Academy on the basis of their results at entrance examinations.
The law students study about 50 subjects including special law subjects such as Administrative Law, Civil Law, Civil Procedure, Criminal Law, Criminal Procedure, Criminology, International Law and others.
The students attend lectures, seminars and tutorials. After classes they can prepare for the seminars in the reading-rooms of the library. The main library covers a wide range of legal materials, collections of law reports, periodicals and reference works. The codification bureau, full-text computer legislation bases and informational CD- ROMs are at the students' disposal. The students are provided with hostel accommodation, sports and recreation facilities. The National Law Academy of Ukraine is considered to be one of the most innovative law schools in our country. Many outstanding lawyers famous both in our country and abroad worked here. Members of the Academy take an active part in the law-making process, publish articles and commentaries in legal and social sciences.
The Academy trains well-educated and highly qualified specialists standing on guard of legality, law and order.
Words and word-combinations
educational establishment — навчальний заклад; bodies of state power — органи державної влади ; law-enforcement bodies — правоохоронні органи; to be accommodated in — розташовуватися; academic staff — професорсько-викладацький склад department — кафедра, відділення ; a full-time department — денне відділення a correspondence department — заочне відділення reference works — довідники; to be at the students' disposal — бути в розпорядженні студентів hostel accommodation — приміщення в гуртожитку recreation facilities — умови для відпочинку to stand on guard of legality — стояти на сторожі законності law and order — правопорядок.
“Political system of Ukraine.
Ukraine is one of the largest countries in Europe. Its area is 603,700 sq. km. About 50 million people live in Ukraine. It is situated in the Eastern Europe. It borders on Belarus, Hungary, Moldova, Romania, Poland, Russia and Slovakia. In the South it is washed by the Black Sea and the Sea of Azov. So it has very important ports.
The territory of Ukraine is mainly flat, but the Carpathians and the Crimean mountains make up 5% of its area. The major rivers are the Dnieper, the Dniester, the Bug and the Donets. The Dnieper is the third longest river in Europe, which divides the country into left- bank and right-bank territories.
There are many large cities in Ukraine, among them: Kiev (the capital of Ukraine), Kharkiv (the first capital of Ukraine, and its second largest city), Donetsk (coal-mining center), Dnipropetrovsk (an important metallurgical center), Lviv (a scientific and cultural center) and many others.
The geographical position of Ukraine is very favourable for the development of its industry and agriculture.
Ukraine is divided into 24 administrative regions and the Autonomous Republic of Crimea.
On the 24th of August 1991 Ukraine declared its independence.
Nowadays Ukraine is a sovereign, democratic, unitary state with presidential and parliamentary form of government. It has its own national emblem, state flag and anthem. The political system of Ukraine, its home and foreign policy, rights and duties of its citizens are established and guaranteed by the Constitution adopted on June 28,1996.
The government are divided into three branches — the legislative, the executive, and the judicial.
The President is the head of the state and is elected by majority vote for a five-year term. He is the guarantor of state sovereignty, the territorial integrity of Ukraine, human rights and freedoms. He is also the Commander-in-Chief of the Armed Forces of Ukraine.
The Verkhovna Rada (the Supreme Council or Parliament) of Ukraine is the sole legislative body. The main function of the Verkhovna Rada is making laws. It has one chamber and consists of 450 people's deputies. They are elected at general and direct elections every four years. Voting, which is not compulsory, is by secret ballot and from the age of 18. The candidate with the largest number of votes in a constituency is elected.
The highest body of the executive power is the Cabinet of Ministers. It is responsible to the President and accountable to the Verkhovna Rada. The Cabinet carries out domestic and foreign policy of the state. The Prime Minister heads the Cabinet. He is no
Judicial power in Ukraine belongs to the Constitutional Court and courts of general jurisdiction. The Supreme Court of Ukraine is the highest judicial body of general jurisdiction. The Constitutional Court has exclusive constitutional jurisdiction in Ukraine.
Being a sovereign state, Ukraine establishes new relations with the countries throughout the world. It sets direct contacts with many foreign countries signing agreements and treaties, participates in the work of many international organizations. As a result, there are a lot of foreign embassies in its capital.
Words and word-combinations
legislative branch — законодавча гілка (влади)
executive branch — виконавча гілка (влади)
judicial branch — судова гілка (влади)
the Supreme Court — Верховний Суд
the Verkhovna Rada (the Supreme Council) — Верховна Рада
compulsory — примусовий, обов'язковий
by secret ballot — таємним голосуванням
constituency — виборчій округ, виборці
appointment — призначення (на посаду)
judicial body — судовий орган
the Commander-in-Chief of the Armed Forces of Ukraine — Головнокомандувач Збройних Сил України determined by law — визначений законом national emblem — герб state flag — державний прапор national anthem — національний гімн; to sign agreements and treaties —підписувати угоди й договори embassy — посольство, представництво
Political system of Great Britain.
The official name of Great Britain is the United Kingdom of Great Britain and Northern Ireland. It is situated on the British Isles. Great Britain is the name of the major island which includes England, Scotland and Wales. The UK is often referred to as Great Britain.
The UK is a highly developed industrial and agricultural country. Over three-quarters of Britain's land are used for farming. Although the country is not very rich in mineral resources, it is known as a producer and exporter of machinery, electronics, ships, aircrafts and navigation equipment.
The capital of the UK is London, in England. The capital ofWales is Cardiff, and the Scottish capital is Edinburgh; the capital of Northern Ireland is Belfast.
Great Britain is a unitary state and a constitutional monarchy. In law, the head of the state is the Queen but, in practice, she has little direct power. The monarch signs international agreements, gives the royal assent to a bill, appoints all the ministers including the Prime Minister. But, by tradition, the monarch acts only on advice of ministers.
There are three branches of power: legislative, executive and judicial. Parliament is the legislative organ in the UK, which makes laws. It consists of two chambers: the House of Commons and the House of Lords. The House of Commons is made up of about 650 elected members known as MPs or Members of Parliament. Each MP represents a constituency. Members of Parliament are elected at a general election that must be held every five years. The British parliamentary system depends on political parties. The two leading parties are the Labour Party and the Conservative Party. The party, which obtains the majority of seats in the House of Commons, is called the Government and the other — the Opposition. Under the new legislation the House of Lords is now a partly hereditary chamber. It consists of 92 hereditary peers, 26 Lords Spiritual and all life peers. There are also 12 Law Lords as the House of Lords is also the final court of appeals.
The executive power belongs to the government. It consists of the ministers appointed by the Queen on the recommendation of the Prime Minister. The Prime Minister, or the head of the Government, is usually the leader of the political party with the majority of seats in the House of Commons. The Prime Minister selects ministers to head governmental departments and forms the Cabinet of Ministers.
The United Kingdom has no Ministry of Justice. The courts themselves, the Lord Chancellor and the Home Secretary are responsible for the administration of the judicial system.
Words and word-combinations
unitary — унітарний ; assent — згода, дозвіл; chamber — палата; constituency — виборчий округ; final court — суд останньої інстанції; seat — місце; to head — очолювати; Home Secretary — міністр внутрішніх справ Lords Spiritual — єпископи, члени палати лор дів
Political system of USA.
The United States of America is one of the largest countries in the world. It is often called the USA. The USA lies in the central part of the North American continent between two oceans: the Atlantic Ocean to the East and the Pacific Ocean to the West. It borders on only two countries: Canada to the North and Mexico to the South.
There are fifty states and the independent district of Columbia. The District of Columbia is the territory of the city of Washington, capital of the USA.
The USA is a presidential republic.
The legislative power belongs to the Congress, which consists of two chambers: the Senate and the House of Representatives. The Senate is composed of 100 senators (two from each state) elected for a term of 6 years, one third is elected every two years. The presiding officer of the Senate is the Vice-President of the USA. The number of representatives from each state to the House of Representatives depends on the number of its population. They are elected for a two- year term. The presiding officer of the House of Representatives, the Speaker, is elected by the House. There are standing committees in the Congress that prepare and consider laws. The Congress makes, repeals and amends federal laws. It assembles at least once a year.
The executive branch of power consists of the President, the Vice- President and the Cabinet. The President is the head of the state and of the executive branch. He is elected for a four-year term. The President appoints the members of the Cabinet. It advises the President on many matters and consists of the heads of ten executive departments: Secretary of State, Secretary of the Treasury, Secretary of Defense and others. The executive branch puts the country's laws into effect.
The judicial branch of power is the system of courts in the USA. Its job is to enforce laws. The US Supreme Court is the highest court in the country. It has the right to declare laws and actions unconstitutional. The Chief Justice and eight Associate Justices are appointed by the President for life. There are also federal district courts and courts of appeal. Each state has its own court system. Courts interpret and apply laws.
The Democratic Party and the Republican Party are two major political parties in the country.
Words and word-combinations
presiding officer — голова; standing committee — постійний комітет; to repeal — скасовувати, анулювати; to amend — виправляти, вносити поправки; matter — питання, справа; executive department — міністерство; Secretary of State — державний секретар; Secretary of the Treasury — міністр фінансів; Secretary of Defense — міністр оборони; Chief Justice —голова Верховного суду; Associate Justice — член Верховного суду; district court — районний суд; to interpret laws — тлумачити закони; to apply laws — застосовувати закони.
In accordance with the new national criminal legislation all criminal cases pass through the stage of preliminary or pre-trial investigation before they are heard in court.
The Prosecutor's Office of Ukraine, Ministry of the Interior, Security Service of Ukraine, and Tax Police have their own investigation departments. Their competence is briefly as follows:
1) investigators from the Prosecutor's Office have the right to investigate any case but actually they carry out inquiries into the gravest crimes, such as murder, embezzlement on a large scale, rape, banditry, malfeasance, crimes committed by workers of law-enforcement bodies;
2) investigators from the Ministry of the Interior have the right to institute proceedings against persons who have committed any crime, e.g. burglary, theft, swindling, disorderly conduct, economic crimes, juvenile delinquency, etc. But in cases of gravest crimes they only perform urgent actions and then transfer the case to the investigators of the Prosecutor's Office;
3) investigators from the Security Service of Ukraine conduct pretrial investigation in crimes committed against the national security of the state, e.g. treason, espionage, smuggling, drug trafficking, organized crime, acts of terrorism, and also crimes against peace, security of mankind and international law and order;
4) investigators from the Tax Police investigate crimes related to evasion of taxes, illegal use of foreign currency accounts abroad, money laundering etc.
The new criminal legislation also envisages definite peculiarities of investigating a number of crimes against justice.
The investigator's job is to detect crimes, to disclose and expose persons guilty of them. Every person who commits a crime shall suffer a just punishment.
While fulfilling his duties the investigator lias the right to detain a person suspected of a crime, make a requisite search and inspection, question citizens and officials as witnesses of a crime, order an expert examination, etc.
The investigator's job is to prepare the materials of the case for court hearing.
Pretrial investigation is called upon to facilitate the objective and comprehensive administration of justice.
Words and word-combinations
criminal case — кримінальна справа; investigation — слідство, розслідування; pretrial investigation — досудове розслідування; Tax Police — податкова міліція; inquiry — розслідування, дізнання; to commit a crime — вчинити злочин; to detect a crime — розкрити злочин; grave crime — тяжкий злочин; criminal — злочинець; злочинний, кримінальний; murder — вбивство; embezzlement — привласнення майна; розтрата; гаре — зґвалтування; malfeasance — посадовий злочин; to institute proceedings (against) — порушувати справу (проти); burglary — крадіжка зі зломом; theft (larceny) — крадіжка swindling — шахрайство; disorderly conduct — дрібне хуліганство, порушення; juvenile delinquency — злочинність неповнолітніх; treason — державна зрада; smuggling — контрабанда; drug trafficking — торгівля наркотиками; organized crime — організована злочинність; evasion of taxes — ухилення від сплати податків; illegal use of foreign currency accounts abroad — незаконне використання валютних рахунків за кордоном; money laundering — відмивання грошей; to suffer a punishment — зазнати покарання; to detain — затримувати; to make a requisite search and inspection — проводити необхідний обшук та огляд; to facilitate the administration of justice — сприяти відправленню правосуддя.
7. “Prosecutor's Office"
According to the Constitution of Ukraine the Prosecutor's Office is entrusted:
1) to uphold state prosecution in court;
2) to represent the interests of citizens or the state in cases provided for by the law;
3) to supervise the observance of laws by organs conducting operational search actions, inquiry and pretrial investigation;
4) to supervise the observance of laws in the course of executing judicial decisions on criminal cases, and while taking other enforcement measures related to the restraint of personal liberty of citizens.
The Prosecutor General of Ukraine heads the Prosecutor's Office. He is appointed to the office for a five-year term with the consent of Verkhovna Rada and is removed from the post by the President of Ukraine. Verkhovna Rada may give a vote of no confidence to the Prosecutor General, which results in his resignation from the office.
The prosecutor has various and complicated duties. He contributes to comprehensive, objective and complete investigation of cases. After the investigation of a criminal case he approves the indictment and transfers it to the court.
As a public prosecutor he has the same rights as other participants in the trial. He may challenge the members of the court, examine and submit fresh evidence, question witnesses, etc. When the court investigation is over he pronounces his speech for the prosecution. It includes his opinion as to the application of the criminal law and punishment. The prosecutor may lodge an appeal or a cassation against a court sentence, decision or a ruling in a higher court.
The prosecutor has broad powers of supervision over the observance of legality in places of confinement. He verifies the legality of keeping convicted criminals, supervises the observance of statutory regime rules and rules of labor for convicts and their release at the right time, etc. He has the right to inspect places of confinement at any time, to study documents, to question prisoners in person, to demand personal explanations from the administration.
Thus, the prosecutor's work is to supervise the observance of legality and to prevent breaches of laws as provided for by the legislation of Ukraine.
Words and word-combinations
public prosecutor — державний обвинувач; speech for the prosecution (prosecutor's charge) — обвинувальна промова; to prosecute — обвинувачувати; power — влада, повноваження, право; to observe — виконувати, дотримуватися (закону); to supervise — здіснювати (нагляд); to uphold — підтримувати; operational search action — оперативно-розшукова дія; enforcement measures — примусові заходи;restraint — обмеження;a vote of no confidence — вотум недовіри;indictment — обвинувальний висновок;to challenge — давати відвід; evidence — доказ;to lodge — подавати;sentence — вирок, рішення; ruling — постанова, ухвала; places of confinement — місця позбавлення волі; to verify — перевіряти, контролювати; statutory regime rules — установлений законом режим; to convict — визнавати винним, засуджувати; convict — засуджений, ув'язнений, в'язень; breach of law — порушення закону;
“Judicial System in Ukraine”
Justice in Ukraine is administered only by courts in strict conformity with the law They have jurisdiction over all legal relations that appear in the state.
Legal proceedings are administered by the Constitutional Court and courts of general jurisdiction. Courts of general jurisdiction are set up according to territorial principle and their specialization. The Supreme Court is the highest judicial body in their system. There are also appellate, local and specialized courts.
Justice is administered by professional judges and, in some cases, by people's assessors and jurors. Legal proceedings are administered by a judge, a panel of judges or by a jury.
A citizen of Ukraine at the age of 25 and over, who has higher legal education, at least two years in the legal profession, has resided in Ukraine for 10 years and knows the state language may become a judge on the recommendation of the special qualification commission.
The first appointment to the post of a professional judge for a five- year term is made by the President of Ukraine. All other judges, except the judges of the Constitutional Court, are elected by the Verkhovna Rada for unlimited tenure.
Professional judges must not belong to political parties and trade unions, take part in any political or business activity. But they may be engaged in scientific and teaching work. Judges are independent and obey only the law. The independence and inviolability of judges are guaranteed by the Constitution and legislation in force.
Words and word-combinations
justice — справедливість, правосуддя, юстиція; to administer justice — відправляти правосуддя; judicial proceedings — судочинство, судовий процес; legal proceedings — судочинство, процесуальні дії; judiciary — судоустрій, судова влада, судова система; general jurisdiction — загальна юрисдикція; appellate court (court of appeals) — апеляційний суд; inviolability — недоторканність; panel of judges — склад суддів; jury — склад присяжних, присяжні, суд присяжних; juror — присяжний засідатель; people's assessor — народний засідатель; term (tenure) — строк; to obey — підкорятися; legislation in force — чинне законодавство;
The task of notary bodies in Ukraine is the promotion of legality, protection of state and personal property, rights and lawful interests of citizens, enterprises and public organizations by attesting contracts and performing other notary actions provided for by the law
The notary system of Ukraine consists of the subjects possessing the right to perform notary activity They are public and private notaries, officials of executive committees in the local councils (the chairman, the secretary or a member of the executive committee), consulates.
The public notaries have the broadest competence in Ukraine. All notary activity is divided into 4 groups:
1) notary activity directed at certifying indisputable right,
2) notary activity directed at certifying indisputable fact,
3) notary activity directed at certifying documents,
4) protective notary activity.
A citizen of Ukraine, who has higher legal education and at least six months of work experience, has passed the qualification examination and received notary’s certificate, can hold the post of a notary. Notaries help to prevent various civil offences and disputes on rights. They attest contracts, transactions, wills, deeds and writings, officially register hereditary rights etc.
Notary offices help applicants to make wills, to draw up deeds of purchase-and-sale or conveyance of property They verify copies of documents, certify seals, signatures, gifts, translations of documents into Ukrainian and foreign languages etc.
Words and word-combinations
promotion of legality — забезпечення законності
to attest contracts — завіряти контракти
to provide for by the law — передбачити законом
to possess the right — мати право
to certify — завіряти
indisputable right — безспірне право
civil offences — цивільні правопорушення
transaction — угода
hereditary right — право спадкування
applicant — заявник
gift — дарування
The Ukrainian Bar is a voluntary professional public association of lawyers. According to the Constitution it is called upon to facilitate the protection of the rights and freedoms of citizens, institutions and organizations, to ensure the observance and promotion of legality and administration of justice. The Bar represents legal interests of Ukrainian and foreign citizens.
The work of a lawyer is various. He may act as a defense counsel during pre-trial investigation and in court, representing interests of the plaintiff and defendant in civil and criminal cases. Lawyers provide qualified legal assistance to state establishments, enterprises and public organizations. At the request of citizens they draw up various applications, complaints and other legal documents, give consultations on legal matters. But they themselves have no right to decide any legal issue.
At the trial the lawyer is an active participant: he takes part in questioning the defendant and witnesses, submits evidence and at the end of the court hearing he pronounces his speech for the defense. Lawyers are also entitled to appeal against a court judgement in a higher court. They take an active part in legal proceedings on housing, labor, property and other disputes, representing interests of their clients. While discharging numerous and complicated duties, lawyers render legal aid to citizens or legal persons and assist in the administration of justice in strict conformity with the law.
Citizens of Ukraine can discharge the functions of lawyers if they have higher legal education, at least two years of work experience, have passed the qualification examination, received lawyer’s certificate and taken lawyer’s oath.
People who have been convicted by court and who do not possess high moral and professional qualities cannot serve as lawyers. Lawyers cannot work in court, Prosecutor’s Office, notary bodies, Ministry of the Interior and Security Service of Ukraine.
Lawyers may work individually, open law offices, join into associations, firms and so on.
Words and word-combinations
the Bar — адвокатура; voluntary — добровільний; to ensure — забезпечити; observance — дотримання; to promote — сприяти; legality — законність; plaintiff — позивач; witness — свідок; complaint — скарга; to discharge — виконувати (обов’язок); application — заява; housing dispute — житловий спір; labor dispute — трудовий спір; property dispute — майновий спір;
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