Advocacy and Procurator’s Office in Ukraine

Among numerous areas of state activity an important place occupies the legal activity. An important and responsible role at the legal activity of the state belongs to the procurator’s office, to advocacy and to justice. The main task of procurator’s office determines the Constitution of Ukraine and the law ‘About the Procurator’s Office’, adopted on the 5th of 1991.

The legal activity of procurator’s office is directed on defense from illegal encroachments on our state, on people’s and citizen’s freedoms.

Advocacy - this is a voluntary public union, on which a state lays lawful defense function and includes it into its lawful system.

An important advocate duty is the safety of advocate’s secret; to be always just and principled, honest and attentive to people, everywhere and always to save advocate honor - this is the oath words of the Ukrainian advocate.

The organization and Ukrainian law-courts activity is bottomed on democratic rights.

The law-courts belong and submit to only law. Justice in Ukraine is made only on rights and equality of citizens in front of law and law-court.

 

Questions:

1. What is the structure of Ukraine’s Law-Enforcement agencies? Name the main elements.

2. What are the functions of the Prosecutor’s Office of Ukraine?

3. What concepts are taken as a principle of the Prosecutor’s Office activity?

4. What bodies does the Prosecutor’s Office include?

5. Give the definition of the notion “advocacy”.

6. What are the main organizational forms of advocate’s activity?

7. How many courts instances are there in the Ukrainian Judical system?

 

ІV studying year, І term

Theme 7: text “Making a Law”

1. READ AND TRANSLATE THE TEXT.

2. RETELL THE TEXT.

Making a Law

Why do we need laws? We all depend on other people. Even those who live alone depend on others to provide them with heat, light and other services. They generally accept that these services can only be provided if they obey the rules and pay their bills. Those of us who live as part of a group, perhaps a family, find that we have to follow unwritten rules which tell us how we should behave towards the other members of our group. At the college your timetable provides one set of rules, telling you which lesson you should be in at a given time. The fire tegulations are a different set of rules which could save your life. As well as belonging to a group at home, college or work, we all belong to a national group and have to obey the national rules known as laws. How Parliament makes Laws? Every year Parliament passes about 100 Laws directly by making Acts of Parliament. Parliament sometimes passes a very general law and leaves a minister to fill in the details. Using the powers given to them by Parliament, ministers become lawmakers themselves. No new law can be made by Parliament unless it has completed a number of stages in both the House of Commons and the House of Lords. The Queen also has to sign a Bill to show that it has been given the Royal Assent (a formality). Only after the Royal Assent it becomes a new law or Act of Parliament. Before this it is called a Bill. Bills can begin in the House of Lords or the House of Commons, so they can pass through Parliament in one of two ways:

1. Commons Lords Queen

2. Lords Commons Queen

There are two main sorts of Bill: Private Bill and Public Bill. Private Bills deal with local matters and individuals. Public Bills deal with matters of public importance. Important Bills are usually sponsored by the Government. One example of a Government Bill is the Sea Fish (Conservation) Bill of 1992—1993, which affects the amount of time that fishing boats may spend at sea,. Although a rather old example, it illustrated well how a Government Bill becomes an Act of Parliament. This particular Bill was introduced into the Commons by the Minister of Agriculture, Fisheries and Food. This stage is called First Reading. It gives MPs notice that the Bill will soon be coming for discussion. The text is then printed and read by Members in time for the important Second Reading. Here the main purpose of the Bill is explained by the Minister of State responsible for fisheries, and the Bill is debated by the House. The House then votes to decide whether the Bill should continue its passage through Parliament. The Bill continues to its Committee Stage where eighteen Members from both Government and Opposition discuss it in detail, considering many possible changes (amendments). This is followed by Report Stage when the committee reports back to the rest of the House. At the Third Reading stage, the House decided to pass the Bill as a whole. The Bill cannot be changed at this stage — it is either accepted or rejected. Once a Bill has passed its Third Reading in the Commons, one of the Clerks at the Table carries the Bill to the House of Lords.

The House of Lords has the job of reviewing Bills received from the Commons. A different group of people can often see something in a completely different way. The House of Lords often makes changes to Commons Bills. Once both Houses of Parliament have passed a Bill, then it has to go to the Queen for the Royal Assent. After receiving the Royal Assent the Bill becomes an Act of. Parliament. Even after an Act has received the Royal Assent, it may not come into force straight away.

 

WORDS AND PHRASES

to provide – забезпечувати

Committee Stage – парламентськй пленум, який обговорює деталі законопроекту

rule – правило

amendment – поправка до законопроекту

bill – законопроект, рахунок

Report Stage – доповідь перед ІІІ читанням

to behave – діяти, поводити себе

to accept - приймати

Act of Parliament – закон парламенту

to reject - відхиляти

Royal Assent – королівська санкція

conservation - збереження

 

EXERCISES

 

1. Fill in the blanks:

1. Every country has its own …

2. People must obey the national... known as laws.

3. Every year Parliament passes about 100 Laws directly by making....

4. A new law in the making is called a....

5. Every Bill must complete certain... in Parliament befo becomes a new law.

6. Important Bills are usually sponsored by the....

7. Bills can be introduced into the... or....

8. There are two main types of Bills —... Bills and... Bills.

9. Once both Houses of Parliament have passed a Bill, then it to go to the Queen for the …

10. Once a Bill has received the Royal Assent it becomes an …

 

2. Find words and expressions in the text which mean:

 

1. the approval by the British Sovereign of a Bill which has been passed by both Houses of Parliament;

2. a proposed law — the preliminary version of an Act of Parliament

3. changes in rule, document, law, etc.;

4. law or custom which guides or controls behaviour or action.

 

3. Answer the questions:

 

1. What is the difference between a Bill and an Act of Parliament?

2. What two types of Bills do you know?

3. What stages should a Bill complete to become an Act?

4. What is the function of the House of Lords in making a law?

5. Which of the two Houses of Parliament has more power?

6. When does a Bill become an Act of Parliament?

ІV studying year, І term

Theme 8: text “Types of Legal Professions”

1. READ AND TRANSLATE THE TEXT.

2. RETELL THE TEXT.

TYPES OF LEGAL PROFESSIONS

Who is who in the law? If you are prosecuted for a crime in Britain, you may meet the following people during your process through the courts:

Magistrates Magistrates are unpaid judges, usually chosen from well—respected people in the local community. They are guided on points of law by an official, the clerk. There are magistrates’ courts in most towns.

Solicitors After the accused person has been arrested, the first person he or she needs to see is a solicitor. Solicitors are qualified lawyers who advise the accused and help prepare the defence case. The solicitor may represent the accused in court. A person who is too poor to afford a solicitor will usually get Legal Aid — financial help from the state.

Barristers In more serious cases it is usual for the solicitor to hire a barrister to defend the accused. The barrister is trained in the law and in the skills required to argue a case in court. The barrister for the defence will be confronted by his or her opposite number, the prosecuting barrister who represents the state.

Jurors A jury consists of twelve men and women from the local community. They sit in the Crown Court, with a judge, and listen to witnesses for the defence and prosecution before deciding whether the accused is guilty or innocent. In Britain the person is innocent

unless found guilty: the prosecution has the burden of establishing guilt.

Judges Judges are trained lawyers, nearly always ex—barristers, who sit in the Crown Court (and appeal courts). The judge rules on points of law, and makes sure that the trial is conducted properly. He or she does not decide on the guilt or innocence of the accused — that is the jury’s job. However, if the jury find the accused guilty, then the judge will pass sentence.

Coroners Coroners have medical or legal training (or both) and inquire into violent or unnatural deaths.

Clerks of the court Clerks look after administrative and legal matters in the courtroom.

Sentencing The most common sentnces are fines, prision and probation. Probation is used often with more minor offences. A person on probation must report to a local police station at regular intervals, which restrict his or her movement. A sentence of community service means that the convicted person has to spend several hours a week doing useful work in his locality.

A few more facts Children under 10 cannot be charged with a criminal offence. Offenders between 10 and 17 are tried by special juvenile courts. The death penalty technically still exists in Britain for some rare offences, such as treason, but is no longer used.

The punishment for murder is a life sentence. This can be much less than a lifetime in prison, depending on factors such as good behaviour. The most common punishment for crimes — 80 per cent of the total — is a fine.

 

WORDS AND PHRASES

magistrate – мировий суддя

to accuse – обвинувачувати

defence - захист

to argue – обговорювати; заперечувати

innocent – невинний

burden – тягар доказу

prison – тюрма, в’язниця

probation – умовне засудження

restrict – обмежувати

treason - зрада

EXERCISES

 

1. Fill in the blanks:

1. Magistrates are unpaid ….

2. There are... courts in most towns.

3. Solicitors are qualified....

4. Solicitors advise the... and help prepare the defence cae.

5. If the case is serious, the solicitor hires a... to defen the accused.

6. The prosecuting barrister represents a ….

7. A jury consists of... men and women from local communuty.

8. A jury sits in the Crown Court and listens to... for the defence and prosecution.

9. A jury decides whether the accused is... or....

10. Judges are trained... who sit in the Crown Court.

11. The judge will pass... if the jury finds the accused....

12. The most common... are fines, prison and probation.

13. A person on... must report to a local police station at regular intervals.

14. Children under 10 cannot be... with a criminal ….

15. Offenders between 10 and 17 are tried by....

16. The punishment for murder is a life....

17. The most common punishment for crimes is a....

 

2. Read the following sentences and decide if they true or false:

1. Juries sit in magistrates’ courts.

2. Magistrates are legally qualified judges.

3. There are magistrates’ courts in most towns.

4. Solicitors are not legally qualified.

5. The solicitor represents the accused in court.

6. The state helps poorer suspects to pay for their defence.

7. Barristers are hired to defend the accused.

8. A jury consists of ten men and women from local community.

9. Barristers sit in the Crown Court and listen to witnesses for the defence and prosecution.

10. Crown Court judges decide on the guilt or innocence of the accused.

11. The judge passes sentence.

12. Children under 10 are tired by special juvenile courts.

13. The punishment for murder is a life sentence.

14. The most common punishment for crimes is probation.

3. Find words and expressions in the text which mean:

1. a public officer with authority to hear and decide cases in a law court

2. say that smb. has done wrong, broken the law, is to be blamed;

3. not guilty;

4. system when offenders are allowed to go unpunished for their first offence while they continue to live without further breaking of the law;

5. limit;

6. allow the use or services of smb. for fixed payment;

7. body of twelve persons who give a decision on issues of fact in a case in a court of justice.

4. Answer the following questions:

1. Are magistrates legally qualified judges?

2. Who does the accused person need to see after he has been arrested?

3. Who may represent the accused in court?

4. In what cases does the solicitor hire a barrister?

5. How many people does a jury consist of?

6. Who has the right to decide whether the accused is guilty or innoncent?

7. Where do judges sit?

8. Whose job is it to pass sentence?

9. What are the most common sentences?

10. What does a sentence of community service mean?

11. Cah children under 10 be charged with a criminal offence?

12. Does the death penalty still exist in Britain?

13. What is punishment for murder?

14. What is the most common punishment for crimes?