Branches of Power in the Russian Federation 


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Branches of Power in the Russian Federation



The Russian Federation is set up by the Constitution of 1993. It is a federal semi-presidential republic, comprising 85 entities. The federal government consists of three branches: legislative, executive and judicial. Each of them is checked and balanced by the President who is the head of the state.

The President is elected for a term of six years by the citizens of the Russian Federation on the basis of general, equal and direct vote by secret ballot.

The legislative power is vested in the Federal Assembly, the Parliament of the Russian Federation. It consists of two chambers. The Upper Chamber is the Federation Council, which consists of two representatives from each entity of the Federation. The Lower Chamber is the State Duma. It consists of 450 deputies. Each chamber is headed by the Speaker. Legislature may be initiated in either of the Chambers. But to become a law a bill must be approved by both Chambers and signed by the President. The President may veto the bill.

The members of the Federal Assembly are elected by popular vote for a five-year term. They possess immunity throughout their term in office and may not be detained, arrested or searched except when detained in act of committing a crime.

The executive power belongs to the Government which consists of the Chairman of the Government (the Prime Minister), Deputy Chairman of the Government and federal ministers. The Chairman is appointed by the President with the consent of the State Duma.

The judicial branch is represented by the Constitutional Court, the Supreme Court and the regional courts.

Unit 9

Ex. 1.2.

Chapter 7 of the Constitution of the Russian Federation is devoted to Judicial Power. It also determines rights and duties of judges. It is stated that judges may be citizens of the Russian Federation over 25 years of age with a higher education in law and a law service record of not less than five years. The federal law may introduce additional requirements for judges of the courts of the Russian Federation. Judges shall be irremovable and shall possess immunity. The powers of a judge may be ceased or suspended only on the basis of and according to the rules set by federal law. A judge may not face criminal responsibility otherwise than according to the rules set by federal law.

Article 128 of the Constitution states that the judges of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation shall be appointed by the Council of the Federation upon the proposals by the President of the Russian Federation. As for the judges of other federal courts they shall be appointed by the President of the Russian Federation according to the rules set by federal law. It is mentioned that the Constitutional Court of the Russian Federation consists of 19 judges.

Ex. 4.1.A Parking Mistake

Stranger: Excuse me, officer, can you help me?

Police officer: What’s the matter?

S: Someone has stolen my car.

P.O.: When and where did it happen?

S: Two hours ago I parked here and went shopping.

P.O.: What is the type, color and license plate number of your car?

S.: Oh, it’s a white Ford Fiesta, license plate number 456-AK-55.

P.O.: I see. I’ll try to find it, but you should know that you’ve broken traffic rules. You’ve parked your car in the wrong place. There is no parking here. Look at the sign!

S.: Oh! Excuse me, please. I didn’t notice the sign.

P.O.: I think your car was towed away.

S.: How can I find it now?

P.O.: Dial 02 and the duty officer will inform you.

S.: Thank you officer.

P.O.: That’s all right and watch the traffic signs!

Ex. 6.1.Stabbing Incident in Garage

On Monday 5 May 2003, at 10:00 hours, a stabbing incident was reported to the Police Station # 6. The caller stated that the incident had occurred in the garage that was located at grid reference 153-478. Immediately, a police patrol was dispatched to the scene of the incident.

On arrival at the scene of the incident at 10:15 hours the officers observed, that the 50-year-old male garage owner was lying on the floor in the garage and bleeding. He had been stabbed a number of times in the left side of his chest. Due to the very serious condition of the garage owner's wounds the officers decided to immediately transport the victim by ambulance to the local hospital for treatment.

The twenty two year old male witness to the incident said that at 09:45 hours, while he was 20 meters away from the incident, he observed the garage owner and the offender. It was a male about forty years of age, 185 cm tall, very slim build, with black hair, dressed in blue jeans costume, white shirt and black shoes, arguing loudly with the garage owner. The argument was concerning the 450-euro repair cost that he was being charged on his yellow, van type vehicle, license # 273-KS-846. The witness then stated that he observed the offender removed a knife from his pocket with his right hand and stabbed the garage owner in the chest three times, and then put the knife back in his pocket.

Further interview of the witness revealed that he was the unemployed nephew of the garage owner and resided at the Airport Street -39, grid reference 256-384. The witness stated that he had never seen the offender in the garage before the incident happened. The witness also added that the offender, after having stabbed 3 times the garage owner, drove away at a very high speed from the garage in the north direction. The witness further advised that as the offender was getting into his vehicle he noticed that he had bloodstains on his white shirt and on the jacket.

The officers proceeded to the local hospital to interview the victim of the stabbing and to obtain further information about the identity of the offender. Upon arrival at the local hospital the attending doctor advised the officers, that the victim was not awake and was unable to speak with them for several days due to his very serious condition. The doctor gave the telephone number of the hospital as 516-832 and told the officers that they could telephone the hospital and enquire about condition of the victim not earlier than the next morning. The investigation is continuing.

Unit 10

Ex. 1. 3.

National symbols are the symbols of a national community. They are used in national events and celebrations, inspiring patriotism. The unity of the British people is reflected in the national symbols of the United Kingdom.

The Union Jack flag is the most common name for the flag of the United Kingdom. It has been in existence since 1606 when the English flag (the red cross of Saint George) merged with the Scottish flag (the diagonal white cross of Saint Andrew on a blue background). Then, in 1801, the addition of Ireland to the United Kingdom added the Irish flag (the red Saint Patrick's cross). The term “Union Jack” is attributed to various origins. The “union” is thought to come from the union of the three flags into one and “jack” has for many centuries referred to a small flag flown from a boat or ship.

The United Kingdom Royal Coat of Arms consists of a shield divided into four parts. Three lions symbolize England, a lion rampant – Scotland, a harp – Northern Ireland. A crowned lion – a symbol of national strength and of the British monarchy, and a unicorn – a symbol of purity, support the shield. The crowned lion represents England and the unicorn represents Scotland. The crowned lion is at the top of the Coat of Arms.

The National Anthem, "God Save the Queen," was written in 1619. When a male monarch is on the throne of England, it is referred to as "God Save the King."

 

Ex. 4.3.

The United Kingdom of Great Britain and Northern Ireland is a parliamentary democracy with a constitutional monarch, Queen Elizabeth II, as the head of state. According to the law the Sovereign is the head of the executive branch of the government, which is an integral part of the legislature, as well as the head of the judiciary.

The legislative branch is represented by Parliament, which is divided into the House of Lords and the House of Commons. The executive branch is represented by the Government — the Cabinet which is headed by the Prime Minister.

The judicial system consists of a law court hierarchy: civil courts and criminal courts.

Unit 11

Ex.1.3. = 2.5.

The new Palace of Westminster is the correct name of the Houses of Parliament. It stands on a historic riverside site which links it with the origins of Parliament and the ancient palace of the Norman kings.

This wonderful building combines the historic site of the old royal palace, established by Edward the Confessor and changed by Sir Christopher Wren in 1707, with the good planning and fine decoration of the mid-19th century, performed by Sir Charles Barry.

The Queen enters the Palace of Westminster only on the day of the State Opening of Parliament. It is a very picturesque ceremony. Crowned and having many of the finest crown jewels on, the Queen goes to the House of Lords (according to an old tradition no King or Queen is allowed to enter the House of Commons) and makes the Speech from the Throne, which tells what laws the Gov­ernment is going to make. The members of the House of Com­mons listen to the Queen standing at the entrance to the House of Lords while its members wearing wigs and gowns sit on red leather benches, arranged in five rows on either side of the House. The speech is not written by the monarch, but rather by the Cabinet, and reflects the Government's legislative agenda for the coming year.

After the monarch leaves, each Chamber proceeds to the consideration of an "Address in Reply to Her Majesty's Gracious Speech." But first, each House considers a bill pro forma to symbolize their right to discuss independently of the monarch. The Bills are considered for the sake of form only, and do not make any actual progress.

 

Ex. 6.1. Journalist

On the 14th of May 2003 at 09:30 hrs a fair haired, 180 cm tall, about 35 years old male, with glasses, dressed in blue jeans, brown shoes and black shirt walked into the police station # 3. A young female police officer met him at the duty room and asked him about the reason of his visit. The visitor said, that he was a journalist and needed to speak to the station commander of this police station. The duty officer noticed, that the man looked very upset. She enquired about the reason and the man said, that his photo camera was missing since yesterday evening. He also added, that he was not upset because of the loss of the camera, but mostly because of the loss of the film in this photo camera. The station commander of the police station was not available. He was attending a meeting in the Main Headquarters and the visitor had to wait for 30 minutes, sitting in the waiting room. While he was waiting for the Station Commander, the duty officer gave him a cup of tea. Then the journalist said, that he would not wait longer and left his telephone number as 507-631 asking to call him as soon as the Station Commander would return from the meeting. Then he left the Police Station at 10:00 hrs.

The Station Commander returned from the meeting at 10:15 hrs. The duty officer advised the Station Commander about the journalist. The Station Commander called to the investigation officer and ordered him to call the journalist and to look into the matter. The investigation officer rang the journalist and they agreed to meet at the reception area of the hotel named “21 st Century” at 11:00 hrs. As they met, they walked outside the hotel and sat on the bench in the park. The journalist said, that he was working for a magazine called “Towns and people”. He arrived at the town on the 11th of May 2003 to take pictures about customs and traditions of the population, living in this town. The job was over and he took 72 pictures. On the 13th of May at 19:30 hrs he took a taxi from the old bridge over the river to the city center. He thought,that he had forgotten the bag with the photo camera and films in the taxi. The investigation officer asked him to describe the taxi and the taxi driver. The taxi was a yellow 4-door sedan car. The journalist remembered three first figures of the license and letters as 515 KS... According to his description the taxi driver was about 25 years old, slim build, about 175 cm tall, with short black hair, black moustache, dressed in green shirt and grey trousers.

The investigation officer promised the journalist, that he would call him on the progress of the investigation and went to the taxi car park. At the taxi car park he found a yellow taxi license plate 515 KS 616 and the taxi driver opening a black leather bag and looking into it with 2 other taxi drivers standing close to him. The investigation officer displayed his police documents, took the camera with the film and asked the taxi driver to come to the police station today by 16:00 hrs as a witness. The duty officer called the journalist and advised, that his camera and films had been recovered. The case is closed.

Unit 12

Ex.1.3.

England has never had a written constitution. Instead, the English constitutional tradition is based on the substance and procedures of common law, along with key documents, such as the Magna Carta and the English Bill of Rights.

Common Law was established by Alfred the Great, who reigned from 871-899A.D. He compiled the laws and customs of the nation into the "Liber Judicialis," based on the Ten Commandments and the Golden Rule. Common Law is unwritten and can be learnt by the study of past court decisions and ancient custom.

The Magna Carta is widely considered to be the foundation of the English and U.S. constitutional systems, because for the first time the power of the monarchy was limited by law. King John adopted a document known today as the Magna Carta on June 15, 1215 when he was surrounded on the battlefield by England's most powerful barons, who demanded royal recognition for certain liberties and legal procedures. The Magna Carta began as a peace treaty between the baronial class and the king, but later symbolized a written contract between the governed and the government, that included the right of rebellion when the government grew despotic or ruled without popular consent. The Magna Carta stressed that no government official, not even a monarch having absolute power, is above the law. It symbolizes equality under the law. It means that all persons, rich and poor, must be treated the same under the law.

The English Bill of Rights grew out of the Glorious Revolution of 1688. During the revolution King James II abdicated and fled from England. He was succeeded by his daughter, Mary, and her husband, William of Orange. Parliament proposed a Declaration of Rights and presented it to William and Mary on February 13, 1689. Only after they accepted the declaration did Parliament proclaim them king and queen of England. Parliament then added several clauses to the declaration and formally enacted the amended bill as the Bill of Rights on December 16, 1689. The Bill of Rights became one of the keystones of the unwritten English constitution. It proclaimed fundamental liberties, including freedom of elections, freedom of debate in Parliament, and freedom from cruel and unusual punishments. The Bill of Rights also barred Roman Catholics from the throne.

Unit 13

Ex.1.3.English lawyers

England is almost unique in having two different kinds of lawyers: solicitors and barristers. The solicitor is the general practitioner, working mainly in the office. The solicitor is the legal adviser of the public. Members of the public are able to call at a solicitor’s office and seek his advice in a personal interview. The barrister is the specialist adviser who spends much of his time in a court-room. A barrister can only be consulted indirectly through a solicitor.

There is approximately one solicitor to every 1300 of the population, with considerable regional and local variations. There is a heavy concentration in commercial centers. The ratio for barristers is about one per every 10,000. Taking the legal profession as a whole there is one practicing lawyer per 1200 people.

The judge is the presiding officer of the court. Judges are not themselves a separate profession: they are barristers who have been elevated to the bench. The professional judges “High Court Judges” deal with the most serious crimes. They are paid salaries by the state.

Alongside professional judges there are unpaid judges who work voluntarily. They are called “Magistrates” or “Justices of the Peace” (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have “sound common sense” and understanding of their fellow human beings.

Ex. 2.6.

The Supreme Court is a wholly independent court of appeal which further separates the powers exercised by the judiciary and the upper house of parliament in the UK. It replaced the House of Lords as the highest appellate court in the United Kingdom in October 2009. It also assumed the devolution (передачу) jurisdiction of the Judicial Committee of the Privy Council (Тайного Совета).

The new Supreme Court sits in a separate building from the Houses of Parliament where the judicial committee (of the House of Lords) formerly acted as the UK's final court of appeal. A former Crown Court building in Parliament Square was reopened as the Supreme Court on 1 October 2009.

The Supreme Court is composed of 12 judges who are appointed for life.

Although the Appellate Committee of the House of Lords is abolished, the 2005-06 serving Law Lords kept their judicial office in the new Supreme Court. Newly appointed members of the Court take no peerage, instead bearing the formal title Justice of the Supreme Court. Under the act such judges also have a title of Lord or Lady, for the purpose of ensuring there is no hierarchy among the JSCs. The Lord Chief Justice replaces the Lord Chancellor as head of the English judiciary.



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