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2014

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811.111(075.8)
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81.2-33
8032
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15

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318 . ( ).

ISBN 978-5-222-22023-8

 
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ISBN 978-5-222-22023-8

811.111(075.8)
81.2-33
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UNIT

THE CONSTITUTION
OF THE RUSSIAN FEDERATION
Constitution is the law of the state, which has the highest legal force
and establishing a framework of political, legal and economic systems
of a country. The primary and fundamental statement of laws in the
Russian Federation is the Constitution of the Russian Federation. Since
its adoption in a 1993 referendum the Russian Constitution is considered
to be the supreme law of the land. Article 15 of the Constitution reads
that it shall have supreme legal force and have direct effect, and shall
be applicable throughout the entire territory of the Russian
Federation[1].
The Constitution of the Russian Federation begins with the
following: We, the multinational people of the Russian Federation,
united by a common fate on our land, establishing human rights and
freedoms, civic peace and accord, preserving the historically established
state unity, proceeding from the universally recognized principles of
equality and selfdetermination of peoples, revering the memory of
ancestors who have conveyed to us the love for the Fatherland, belief in
the good and justice, reviving the sovereign statehood of Russia and
asserting the firmness of its democratic basic, striving to ensure the
wellbeing and prosperity of Russia, proceeding from the responsibility
for our Fatherland before the present and future generations,
recognizing ourselves as part of the world community, adopt the
CONSTITUTION OF THE RUSSIAN FEDERATION[1].
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UNIT 1. THE CONSTITUTION OF THE RUSSIAN FEDERATION

With the collapse of the Soviet Union it became clear that Russia
would need a new constitution free from the layers of the past. Work on
a new constitution began at the beginning of the 1990s amidst broad
public discussion and resulted in several different drafts being prepared.
The main ones were the draft constitution drawn up by the Russian
Supreme Soviets Constitutional Commission and the draft prepared
by the Constitutional Conference convoked by decision of the President.
The Constitutional Conferences draft reflected many of the provisions
in the Constitutional Commissions draft and was adopted as the basis
for further work to draw up a final draft constitution. The Russian
regions, deputies, specialists and working groups were all involved in
this process. The result was a draft constitution submitted by the
President to the nation in a referendum. The referendum was held on
the basis of the Provision for a Referendum on the Draft Constitution
of the Russian Federation.
A total of 58,187,755 voters, or 54.8 percent of the registered voters,
took part in the referendum on the new draft constitution on December
12, 1993. Of this total, 32,937,30 voters, or 58.4 percent of those who
took part in the referendum, voted in favour of the draft constitution
and it was adopted. It officially came into force on December 25,
1993, at the moment of its official publication.
The 1993 constitution considerably changed the way the state power
system is organised and made a lot of progress toward improving
Russias federal structure. For the first time in Russias history, the
constitutions provisions have direct application. This means that any
person can defend their rights based on the constitutions provisions,
and when examining cases and settling disputes, the courts and other
state bodies must base themselves above all on the constitutions
provisions. The constitution represents the highest law in the country
and so all other laws must conform to its provisions. This is achieved in
particular through a system of judicial constitutional control.
Unlike in the past, the 1993 constitution does not proclaim a
predetermined unified economic system based on state ownership, but
gives equal protection to all forms of ownership and guarantees the
freedom and development of civil society.

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The Constitution forms the countrys legal foundation, proclaims


the President of the Russian Federation the head of state and lays upon
him the responsibility for defending the Constitution, human rights
and civil liberties, safeguarding Russias sovereignty, independence and
territorial integrity, and ensuring the coordinated functioning and
cooperation of the state bodies of power [2].
From: 1) www.constitution.ru/en/1000300001.htm
2) http://archive.kremlin.ru/eng/

The words you may need:


pplicable
equality
ancestor
revive ,
assert ,
strive , ;
convoke
provision (.)

VOCABULARY PRACTICE

Ex. 1. Translate into Russian and learn the pronunciation.

The highest legal force; the primary and fundamental statement of


laws; it shall have supreme legal force and have direct effect; it shall be
applicable throughout the entire territory; united by a common fate on
our land; establishing human rights and freedoms, civic peace and
accord; belief in the good and justice; preserving the historically
established state unity; free from the layers of the past; voted in favour
of the draft constitution; the courts and other state bodies; when
examining cases and settling disputes; must base themselves above all
on the constitutions provisions.

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UNIT 1. THE CONSTITUTION OF THE RUSSIAN FEDERATION

Ex. 2. Find English equivalents and learn them.

;
; 
; ;

; , 
; ,
; ; 

; , , 
; 
; 
;
; .

REVISING GRAMMAR
Ex. 3.

A. Write the nouns in Plural and read them.

A. Datum; provision; court; addendum; vote; basis; erratum;


territory; force; memorandum; change; body; phenomenon; dispute;
referendum; fate; right; crisis; responsibility; phenomena.
B. Write the nouns in Singular and read them.

B. Women; children; phenomena; trousers; bases; shelves;


constitutions; cases; mice; instruments; factories; data; copies; scissors;
deer; systems; courts; teeth; declarations; peace, riches; houses; men;
peoples; memoranda.

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10

Ex. 4.
A. Read.

Quantitative numerals ( ): 2,
48, 16, 326, 412, 82, 56, 51, 210, 24, 2048, 40968, 192, 39, 278, 1249.
Ordinal numerals ( ): 64, 23, 47,
893, 496, 203, 17, 823, 908, 73, 4, 981, 52, 30, 893, 48, 9, 76, 530, 12,
789, 230, 917, 696, 253, 8943
Chronological dates ( ): 18.03.1998;
29.02.1996; 19.12.1910; 16.01.1982; 21.04.1972; 12.06.1910;
22.08.2010; 03.05.2059.
B. Translate into English in writing.

1. . 2.
. 3. 
. 4. . 5. ,
. 6. . 7. 
. 8. ,
. 9. 1961 . 10. 1945 .
11. 1918 . 12. 
1870. 13. 2014 . 14.
1982 . 15. 1950 . 16. 1/2
. 17. 33,5 
. 18. 54,5 
.
Ex. 5. Define parts of speech and translate them.

Adoption adopted adopt having been adopted after


adopting
Establishing established establishment to establish
Conveyed conveying conveyer having conveyed to convey
Being prepared to prepare preparation had prepared
Voted voter have voted while voting voting to vote

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UNIT 1. THE CONSTITUTION OF THE RUSSIAN FEDERATION

11

SPEAKING SKILLS

Ex. 6. Complete the sentences.

1)
2)
3)
4)
5)
6)
7)
8)
9)

Constitution of any country is


Work on a new constitution of the Russian Federation began
There were 2 main drafts of a new constitution:
The referendum was held on the basis of
54.8 percent of the registered voters took part in the referendum
on
The new Constitution of the Russian Federation came into
force
The 1993 Constitution considerably changed
Any person can defend rights based on
The 1993 Constitution proclaims

Ex. 7. Answer the questions to the text.

1) What is constitution?
2) When was the modern Constitution of the Russian Federation
adopted?
3) What was the result of broad public discussion on a new
constitution?
4) Who was involved in the process of discussing a draft
constitution?
5) How many voters took part in the referendum on adopting
constitution?
6) When did the new constitution officially come into force?
7) What the 1993 constitution provisions are new as compared to
the previous constitution?

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12

Ex. 8. Render the text The Constitution of the Russian Federation. Use
some of the following phrases.


:
The title of the article is;
The article is devoted to the problem of;
The article deals with;
The text (extract from the article) deals with (the problem of);
This text is about;
The extract centers round the problem of;
The author of the article deals with the problem of ;
The author describes ;
It is clear from the text that;
:
It further says that;
One of the main problems to be singled out is;
Great importance is also attached to;
We shouldnt forget that;
It should be noted that ;
It must be mentioned that ;
In my opinion ...;
To my mind ...;
According to the text ...;
Judging from the authors point of view ...;
Among other problems the text raises the problem of...;
The problem described in the article is of great interest (importance)
to;

:
The author finishes with...;
To sum it up ;
Summing the text up (summing it up);
On the whole ;
Having analyzed the information it is possible to say;
In conclusion ;
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38

UNIT

THE LAW OF EUROPE


The law of Europe is diverse and changing fast today. Europe saw
the birth of both the Roman Empire and the British Empire, which
form the basis of the two dominant forms of legal system of private law,
civil and common law.
The law of Europe has a diverse history. Roman law underwent
major codification in the Corpus Juris Civilis of Emperor Justinian, as
later developed through the Middle Ages by medieval legal scholars. In
Medieval England, judges retained greater power than their continental
counterparts and began to develop a body of precedent. Originally civil
law was one common legal system in much of Europe, but with the rise
of nationalism in the 17th century Nordic countries and around the
time of the French Revolution, it became fractured into separate national
systems. This change was brought about by the development of separate
national codes, of which the French Napoleonic Code and the German
and Swiss codes were the most influential. Around this time civil law
incorporated many ideas associated with the Enlightenment. The
European Unions Law is based on a codified set of laws, laid down in
the Treaties. Law in the EU is however mixed with precedent in case
law of the European Court of Justice.
Supranational law is being exercised by the Council of Europe (it
should not be confused with European Council or Council of the
European Union).

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UNIT 4. THE LAW OF EUROPE

39

The Council of Europe is an international organization promoting


cooperation between all countries of Europe in the areas of legal
standards, human rights, democratic development, the rule of law and
cultural cooperation. It was founded in 1949, has 47 member states
with some 800 million citizens, and is an entirely separate body from
the European Union (EU), which has only 27 member states. Unlike
the EU, the Council of Europe cannot make binding laws. The two do
however share certain symbols such as the flag and the anthem.
The best known bodies of the Council of Europe are the European
Court of Human Rights, which enforces the European Convention on
Human Rights, and the European Pharmacopoeia Commission, which
sets the quality standards for pharmaceutical products in Europe. The
Council of Europes work has resulted in standards, charters and
conventions to facilitate cooperation between European countries.
Its statutory institutions are the Committee of Ministers comprising
the foreign ministers of each member state, the Parliamentary Assembly
composed of MPs from the parliament of each member state, and the
Secretary General heading the secretariat of the Council of Europe.
The Commissioner for Human Rights is an independent institution
within the Council of Europe, mandated to promote awareness of and
respect for human rights in the member states.
The headquarters of the Council of Europe are in Strasbourg,
France, with English and French as its two official languages. The
Committee of Ministers, the Parliamentary Assembly and the Congress
also use German, Italian, and Russian for some of their work.
The European Union is an economic and political union of 27
countries, located primarily in Europe. Tracing its origins from the
devastated postWorld War II Europe, the EU has grown in size by the
accession of new countries and in power by the addition of policy areas
to its remit. The union has 500 million citizens, and the European
Commission, the EU Council, the European Council, the Court of
Justice of the European Union, and the European Central Bank and
the European Parliament are among its institutions.

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317

CONTENTS

.......................................................................................................................... 3
UNIT 1. THE CONSTITUTION OF THE RUSSIAN FEDERATION .......... 6
UNIT 2. JUDICIAL POWER ................................................................................... 15
UNIT 3. CIVIL CODE OF RUSSIA ...................................................................... 27
UNIT 4. THE LAW OF EUROPE ........................................................................... 38
UNIT 5. THE FUTURE OF LAW IN THE UNITED STATES ....................... 47
UNIT 6. JUDGES AND JUSTICES IN THE USA .......................................... 61
UNIT 7. THE POWERS AND FUNCTIONS OF COURTS ........................ 72
UNIT 8. THE INTERPRETATION OF LEGISLATION .................................. 83
UNIT 9. CASE LAW: INHERENT PROBLEMS ............................................... 96
UNIT 10. SELECTING THE APPLICABLE CASE LAW .......................... 108
UNIT 11. JUDICIAL RESTRAINT .................................................................... 122
UNIT 12. THE JUDICIAL PROCESS ............................................................. 132
UNIT 13. CRIMINAL LAW ................................................................................... 140
UNIT 14. THE SOCIETY OF STRANGERS .................................................. 153
UNIT 15. FINANCIAL LAW ................................................................................. 162

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318 :
UNIT 16. ADMINISTRATIVE LAW................................................................... 175
UNIT 17. LAW WITHOUT EMOTIONS? ....................................................... 189
UNIT 18. THE SCOPE OF CRIMINAL LAW
AND CRIMINAL SANCTIONS: AN ECONOMIC VIEW
AND POLICY IMPLICATIONS ........................................................................... 203
UNIT 19. CODIFICATION OF THE CRIMINAL LAW:
AN ATTAINABLE IDEA? ....................................................................................... 213
UNIT 20. CRIMINAL LAW LEGISLATION UPDATE .............................. 226
UNIT 21. INTELLECTUAL PROPERTY ........................................................ 236
UNIT 22. THE END OF ORGANIZED CRIME IN RUSSIA ................... 247
UNIT 23. INTERNATIONAL CRIMINAL POLICE
ORGANIZATION (INTERPOL) .......................................................................... 259
.................................. 274
"
..................... 304

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