6. Is a notary required to keep any records?

It is recommended that a notary maintain a record of all their official acts. It is a good way to keep track of individuals acts and is useful in the event a notary public be called into a court of law. It is suggested that the following information be kept:

• Date of notarial act

• Type of notarial act performed

• A description of the document

• The signature and printed name and address of each person for whom a notarial act was performed

• A description of the form of identification provided (i.e. driver’s license or photo identification) or a statement that the person is “personally known” to the notary

• The location where the notarization was performed

• The amount of fee charged, if any

7. How does a notary identify a signer?

A notary identifies a signer by carefully examining the identification presented by that person and comparing the signatures the person has made on the document with the signature on the identification or by personal knowledge. Proper "ID" should include a photograph and signature such as a driver's license or passport. It is also considered sufficient identification if, under oath, a credible witness personally known to the notary public identifies the person.

8. Can a notary notarize their own signature or the signatures of relatives?

A notary cannot notarize his or her own signature. A notary is to be an impartial witness. The law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness.

9. What fees may a Notary Public charge?

The maximum a notary may charge and collect for each notarial act is Five Dollars ($5.00.) If a fee is charged, it is recommended that it be recorded in the notary's official records.

B. The achievements of IT age have brought a new form of ID documents known as digital ones due to the biometric technology i.e. paper documents will soon be replaced by digital ones. The essence of this innovation may be briefly described as follows: instead of a traditional paper passport there will be a thin integrated circuit — basically, a tiny computer chip containing digital photographs of the bearer, digitized fingerprints and even scans of the bearer's irises. So services of a notary won’t be relevant or important, will they? Give all possible arguments for or against it.

Task 7. You are a notary from Russia. Make up a conversation with your college from the US at the conference hall during the coffee break. Cover the most interesting questions out of the 9 FAQs.

Texts for Reading and Rendering

Text 1

Information highlights on some legal professions in the russain federation

Investigator

1. "Any person accused of committing a crime shall be considered inno­cent until his (her) guilt is proven in accordance with the procedure stipulat­ed by federal law and is confirmed by a court sentence which has entered into legal force." (Article 49 of the Constitution of the Russian Federation)

2. The investigator and the court base their conclusions concerning the guilt of the accused upon the verification and assessment of the evidence. Evidence in a criminal case is facts, on the basis of which the investigating authorities and the court establish, in accordance with the law, the existence or absence of a socially dangerous act, the guilt of the person committing the act, and other circumstances of importance in making a correct decision in the case.

3. The investigator, the militia, the prosecutor and the court establish the facts in the case from the testimony of witnesses, the injured parties, sus­pects, accused, the opinions of experts, exhibits, the records of the investi­gation and court proceedings, and other documents.

4. The investigator, having received information that a crime has been committed, inquires as to the persons who may be of help to him in establish­ing the circumstances of the case, and summons them as witnesses. To obtain exhibits the investigator inspects the scene of the crime and makes searches and seizures. He requests written documents from state establishments and persons in office.

5. For the evidence collected by the investigator to be valid in court it must be presented in the form of records of the interrogation, search inspec­tion, etc. The law requires all documents of investigation to be signed by witnesses, the investigator, and other participants in the cases, and to be without erasures, alterations, etc.

6. The collection of evidence before the trial is performed in the prelimi­nary investigation. In more complicated cases the investigation is carried out by investigators, and otherwise by the militia. To obtain evidence, the inves­tigator takes steps to find eye-witnesses of the crime, to obtain exhibits, etc.

7. The testimony of witnesses is a type of evidence. A witness is a person who is aware of facts relevant to a criminal case.

Upon receiving the summons,- a witness must appear before the investi­gator or in court. If he fails to appear without good reason, he may be forced to by the militia and is criminally responsible for failure to appear. It is the duty of a witness to give all information at his disposal concerning the case and the accused.

8 The indictment is the culminating stage of the investigation in which the investigator sets forth the particulars of the crime and the evidence col­lected in the case and specifies the article of the criminal code covering the acts of the accused.

Prosecutor

Supervision on observing the laws is carried out by the office of the Prosecutor General of the Russian Federation. It forms a single centralized hierarchical system in which public prosecutors obey to the higher ones and to the Prosecutor General of Russia. The General Prose­cutor of Russia is appointed and dismissed by the Federation Council upon a proposal of the President.

The Prosecutor's office is the state body that is established to exercise supervisory power over the strict observance and application of law by all ministries, organizations, institutions, officials and citizens of the State.

The prosecutor has the right, and it is his duty, to appeal against all deci­sions and actions of state bodies and officials which he considers to be unlaw­ful. Every citizen has the right to complain to the prosecutor concerning any violation of the law. When a breach of law contains the elements of a crime it is the duty of the prosecutor to bring the guilty person to trial.

The prosecutor supervises the investigation of cases conducted by the Militia, and other state security bodies. The Prosecutor's Office institutes criminal cases and investigates criminal cases, ascertains the circumstances under which crimes were committed, collects evidence against the criminals and their accomplices and sees to it that other investigating bodies act within the law.

During the hearing of cases the prosecutor maintains the prosecution be­fore the court in the name of the State. It is his duty to prove the charges against the accused and to propose the penalty to be imposed on the guilty person. If he is of the opinion that the accused is not guilty, it is his duty to withdraw the charge.

The prosecutor has the right to lodge protests with higher judicial bodies against the sentences and decisions of courts which he finds illegal.

It may be said that the Prosecutor's Office, like all the Russian courts, protects legality, law and order.

Judges

Article 119 of the Constitution of the Russian Federation

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

1. Judges shall be independent and shall be subordinate only to the Con­stitution and federal law.

2. Should a court establish when considering a case that a legal act of the State or other body conflicts with law, it shall take a decision in accordance with the law.

Article 121

1. Judges shall be irremovable.

2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

Article 122

1. Judges shall be inviolable.

2. A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

Task 1. Choose the most suitable heading from the list A-J for each paragraph (1-8) of the first part of the text i.e. Investigator. (There is one extra head­ing which you do not need to use).

A The necessity of bringing circumstances to light

B Court hearings on a case

C The bodies performing investigations in more complicated cases

D Establishing the existence or absence of a socially dangerous act

E Sources necessary to establish the facts

F Acts performed by the investigator after a crime has been committed

G The form of documents to be valid in court

H The duty of witnesses upon receiving the summons

I Punishment applied to a criminal

Task 2. Fill in the blanks.

The duty of an investigator is:

a to establish …… in the case from the testimony of witnesses and other documents

b to establish the circumstances of the ……

c to inquire as to the person of …..

d …….. the scene of the crime and make searches and seizures

e to sign all ………… of investigation

f to investigate more ………. cases

g to give all information at his disposal concerning the case and the …….

h to set forth the ……. of the crime and specify the article of a criminal code

Task 3. Match English words and phrases with their Russian equivalents.

a) supervisory power 1) следственный орган

b) an official 2) преступник

c) a guilty person 3) opганы безопасности

d) state security bodies 4) надзор

e) a criminal 5) должностное лицо

f) an investigating body 6) виновное лицо

g) the penalty to be imposed 7) наказание, которое должно быть наложено

h) to lodge protest 8) выразить протест

i) collection of evidence 9) завершающая стадия

g) a state establishment 10) сбор свидетельских показаний

k) preliminary investigation 11) предварительное расследование

l) the culminating stage 12) государственное учреждение

m) search inspection 13) осмотр предметов найденных при обыске

n) correct indictment 14) правильное решение, обвинительный акт

Task 4. Answer the 10 "What"-questions using the information from the part entitled «Investigator».

1. What must the court do before a decision is made on the guilt or innocence of the accused?

2. What is evidence?

3. From what sources do the investigating bodies and the court establish the facts in the case?

4. What must the investigator do after receiving the information that a crime has been committed?

5. What form do all the documents of investigation have?

6. What stage is the collection of evidence performed at?

7. What is the testimony of witnesses?

8. What kind of person is called a witness?

9. What is one of the important duties of a witness?

10. What is the indictment?

Task 5. Finish the sentences using the words in brackets.

a) The circumstances of the case must be ... (summoned, questioned, brought to light, made).

b) The investigator and the court base their conclusions on the verification and . . . (decision, testimony, assessment of the evidence, written documents).

c) The investigating bodies establish the existence or absence of a socially dangerous act... (on their own will, spontaneously, in accordance with the law, without alterations).

d) The investigator inquires as to ... who may be of help to him. (the prosecutor, the accused, a witness, a criminal, a person).

e) The collection of evidence before the trial is performed in ... (search, inquiry, written documents, the preliminary investigation, seizure).

Task 6. Match these words and phrases with their definitions.

1) Evidence in a criminal case is... a) a person aware of facts

2) The testimony of witnesses is ... b)the culminating stage of the investigation

3) A witness is... c) facts

4) The indictment is... d) a type of evidence

Task 7. Fill in the gaps in these sentences with one of the appropriate verb forms given in brackets.

a) The investigator and the court base their conclusions... the guilt of the accused on verification of the evidence (to concern, concerning);

b) . . . exhibits the investigator inspects the scene of a crime (to obtain, obtaining);

c) If a witness fails... without good reason he is criminally responsible (to appear, appearing).

Task 8. Scan through the second part of the text i.e. Prosecutor to answer the 9 "Who"-questions.

1. Who has the right to appeal against all decisions and actions of the state bodies?

2. Who has the right to complain to the prosecutor concerning any violation of the law?

3. Whose duty is it to bring the guilty person to trial?

4. Who supervises the investigation of cases conducted by the Militia?

5. Who conducts the prosecution before the court in the name of the state?

6. Who proves the charges against the accused?

7. Who proposes the penalty to be imposed on the guilty person?

8. Who has the duty to withdraw the charge?

9. Who has the right to lodge protests with higher judicial bodies against the sentences and decisions of the courts which he finds illegal?

Task 9. Finish the sentences.

The Prosecutor's Office is a body of state that exercises...

The prosecutor has the right...

The prosecutor supervises...

The prosecutor's duty is...

The Prosecutor's Office institutes ..., investigates ..., and sees to it that ...

Task 10. Complete the word-field diagram about the Prosecutor's Office.

Task 11. Read the articles 119-122 from the Constitution of the Russian Federa­tion. For questions 1-2, choose the answer (A, B, C or D) which you think fits best according to the text.

1. Who can be a judge in the RF?

A Any citizen of the RF over 25 years of age can be a judge.

B A person with no special education.

C A 25- year- old professional lawyer who is a citizen of the RF and has served in the legal profession for not less than 5 years can be a judge.

D Any professional lawyer who is a citizen of the RF.

2. What is the position of judges in the RF?

A Judges can be removed.

B Judges are dependent and subordinated to the President.

C Judges shall be inviolable.

D The powers of a judge are terminated or suspended in accordance with the procedure established by the President.

Text 2